The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1880-06-22 00:00:00

DO

BBIDPORT.

loin OUTBREAK Or SWINE FEVER.—The first appearanee
of this disease in the neighbourhecd during the season
wu reported to Musts. T. Colf )1, ft W. Wbetham,
d H. Howell, F.sqrs., who s.,t as the local authority
under the Contagioui Diseases' (Animals) Act, at the
Town-hall, on Friday afternoon. Mr. Sampson, of
Sherborne, condo, ted the s nquiry.—Supt. Mac Hale
received notice of an ontbrenk on the premises of Mr.
E. Moorman, of Strong-gate Farm, Netherbury, on
the previous evenirg —Mr. IZolnyt.on, M. Ii.C.V.S.,
one of the veterinary inspector • for the distri,t, said
there were eight pigs on Mr. Moorman's premises, he
had examined the whole and fowl I oue affected. The
owner wished it to be killed. Mr. Robertson had
made a post mortem ex .% oin.al.m which confirmed his
belief in the existenca of the citmv.e. The remaining
seven pica be certified I. b • yet in health. 'rho premises
were declared to be idea:, d fur a mouth.

JuDGE 'Amoy AGAIN.

REVERSING TES SUET'S VERDICT.

At the County C eirt .-.11 Fri Olaf (the last court but one).
the ease of Os n, nr) e Htedimi was first bran]. ar.d
Jo,lau Wrap give a verdict for the plaintiff at the I,st

court.
Mc. Jo!liffo appeare I on 1. la ill of defendant ta make
ap;d:cal nfa i 11.--V t. u, w'sich ban/ granted. the case
was •„:asis le:night' ard, t hebte a jury ,_viz.,
Mes,rs. S. SI d.0.,1% Fro.m.en. 11. H. Caud. arid RO.
Draper.
At the op:pi,* of ths• es.. from remarks suade by the
JAge, both Mr U iry (psaintiff's solicit°, ) and Mr.
Jolliffe tho etre ts au if Aty are.angement cnild he
come I.e hat aon 1%Z.1.11Ca lthOnt agreeing to a .ttl=-
'sent.
Mr. F. W.O q .1a...1 t':e use to the jury, the facts
of which
bi
c sled
by Mr. Gi ' n Irir ay:sou t':at in do :nary last, defendant
cin,eos to. Lo 'so -situ a white mare. asking
him it Ise is auid buy it ;or gI3 :but he told him Le would
have nothing to do with it. lie went away, hut • day or
two alter cam. pg ip 4 ilk Richard Marsh, saying he wou'd
take it out in It sy And .tr•vr sod in meta Said It was
• quiet and ' onset mare. Oxenbury to bind the bargain
paid Al When `siniff got rersession of tho horse he
tried it, but w cur saw a bores kick as high as it did
(laugh's), and coil I do u•Alling with the animal, tie
thought it • tekriu. Tue hay and straw was valued at
By Mr. Joni& Pleintlf said his coo lived home with
him. Marsh WAS present alien the deal was ma ie.
Hardin,: did not say his hal had the horse but • few days,
and would not give a w srranty. He told him it was quiet
and hon,.et. One pouu was paid at the time and soother
gl taut hy hi. eon. lie did not tell his son to go to
Harding to tuck • u deal.
His tiono•ir thoo.:lst the point In the CODO WWI whether
that, was is VIAI rolaY. lie thought Ms ion had no
authority to make an exchange, and that facts elicited by
Mr. Jollitis: could net concern the issue—the horse was
worthless.
Jollide Tenth d, he thought the jury would rather
hear the rre than have it frittered sway.
His II st et: considered Mr. JUG, by dealing with
runsim not a inky. a., was blasting it away, and that the
C4llO C-4113 o Au;
Mr. Jolliff he'd ‘h:. DUO WWI not yet before the jury.
for witness,' w:sre y.:: hi Gilled who would contradict
the evidence given.
11143 OXCUIDirr, daughter of plaintiff, examined by Mr.
Onndri, OW is aarding cents to her father in January and
c tiled again the neg. day. He (Harding) wanted to make
a deal, a At, till 4 the loin* every thing that was good and
quiet. M,rsh came with Harding when the deal was
made. The bargain was made for hay and straw, to the
value of Mend £2 Inc si. Tee Li was then given and
Li e 1 hey Imi the bay and sti ax. Witness mid her
broth • r 14 not trust • orthy, at very much gm cted ; she
had not allowed him make bargains, gc., fur some time.
As the Case WO proceeding the Judge complained that
the Vine ef the pr y was I. og wasted.
Mr. GI orge Thorne. Caideoek. yeoman, said he saw the
mare in barncs a, and as soon as the breeching was put on
she kielt.:d it off. Ha thought she was cot safe, and was
one of .he worst kickers be ever saw.
Kleutnd Bishop, also of Oaideeck, gave similar evi-
dence.
Mr. J Miff° then addressed the jury, when defendant
was calk I by him.
Harding said Samuel Ogenbury (son of pi.intin wu
prevent vs en the deal woo moo, and by his desire he went
with Lim to plaintiff's hoes lie (defendant) did not
warrant the horse sound and good in harmer, as ho had
neier put it in harness. He told them they might try it.
There was sane hay yet due to him. The son (S. Ugen.
bur)) aft rarer& brought the tine to witness' house, but
ho could n,t tales it back. Ile allowed him to put it in
his stahle for • little time, art he (the sot) went away.
He Cllll.l lack with March. 8 unuel Ogenbury told him
he had sold the bores to Mush, who was going to get him
another. He heard nothing in re of it until • month or
mix weeks after. Plaintiff's daughter game to him about
It.
Richard Marsh new derv*: .1 having previously dealt
with Mr. Ozenbury ; but at this particular de it there was
DO wart nty. The son of plaintiff enme to him when he
bron;ht bark the mare to Harding, asking him (Marsh) to
do the 1,4 he could. Ho :opt,' the mare, allowing Oxen-
miry gin, plaint:ff rorree:ng to give Harsh £5 15s. He
(Marsh) hal act another lasree, which he had bought for
Oxeubury. whiei, horse he bud been ever since keeping for
plaintiff and • Mr. gill t, awl had shawls up an suununt
to this, ff.fet Defetv, tot v.... not in this transaction.
At this stsige in tie I eca lingo the Judge making •
further r. mark upon the c :se M.r. Oundry stated his
witling:,,s4 to settle the case, Mad that each party should
defray their own cots.
Mr. Joiliffe relived t is.ccept this proposal.
The Judge considered the pr :posal fah: and if defendant
would not accept it, he should have to tell the 'ivy that in
law a Man having repres,tr sal • mare to be good in
barn's he was lield and tl.a. if • man sold a horse for •
particular purpose, and the Luse turned out unfit for
that purposes he w...s
Mr. Jo life, however, contended the evidence had not
born heard in i.s entirety.
. .

_
His Honour raid he would net have the public time
wasted. and (iddrweimi the j ory) ..d—ll it was • vicious
animal defendant is liable.

Mr. JoiJiffs said his Unour was laying down law that
was unmaintalnidde.

His lioaind add Ii W3ll a wade of thns as the CAW was
proved to the hilt.
Mr. Joiliffe objecto. ti the course of trying ace.. ph:co-
rneal, and iodated up-in On care going on.
His II mow said tho j.iry had tilt power t) say what
they thought of it.
Mr. JAM, prote•tid again% this as they (the fury) La
nill.beard all the evidence.

His Honour 'Aid rt hl. Bah continued in till/strain for
•out.• time, .nd at lon_ t:. the Judge told Mr. Joni& he
would, he tlought, ke p !he jury there untat odnorrow
morning. -

"li.r.roiligle said the jury were quite willing to discharge
their duty.
His Honour egs,ti oldr,,sing the jury, informed
them that beyond all doubt defendant was bound to take
the mare beck, or use the value of her, the evidence
prove I ..he was represented to be proper in barites..
Mr. Jail!' again old,cted that all the evidence had not
been beard, and 'hit such • course of proceedings was
irregular end to be condemned, it was time to speak out
and be meant to speak , ut,
• Honour arain referred to the waste of public tint,,
but Hr. Jolliffe sail I. (thi: Judge) could not stop the case
like that, if he did tak 1 mach a omits it was high time
that Court should bo bt.pred.
• J Miffs ag tin te(e-rel to hie witnesses, lae;u4 he
wood keep them there tat.t.l ti-morrow, ho would never
be a party to attempt s. pc :Wog the hearing of a case.
He should flutist for 'lt^ t•itura that evidence should be
heard, end thee au derided on It. merits.
His Honour, able:siting the jury, said it had been sworn
that the horse uuetst.dti be good in harness, and that
was uncontradieted.
Mr. Jail& with much warmth, replied" Good gracious
me, sir, how Can you e.ty o, when it was oantrsclicted by
two witnesse.. It was high time someene should Weak
out, and be sir-nli utt-rly prot*4 agaiat &ay such pre-
cis eding_s,
ifsH moor said he didn't care about Isis protesting..
One of the jur7 said th, y were willing to give their
verdict, and that would be 'fur the defendant."
The verdict was greeted with marked applause by the
Court, r. Jolliffe exclaiming at once—"l shall claim th .t
verdict.
In answer to the Judge the jury stlted AS their opLaion
that no warranty was given with the hone.
Mr. Jelliffe at once repeated he should claim the verdict
of the jury-
Ille Honour att!..td. It, again address the jury
wea iut,rrupted by Mr. Jolbffe, who claimed that the
verdict.be recmd... I.

.—TI3;:/iiiiii-sialur.,.d.iesssisl himself to th• jury ; but Mr.
Jolltlfe claimed h could net alter the verdct. tethug his
client (Harding) how= kiwi Ills coast with him, m
UM had tot fhlit