The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1881-06-21 00:00:00

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BRIDPOBT.

Ournaux or Sines Fives. —The first appearance
of this disease in the neighbourhood during the season
was reported to Mews. T. Colfox, S. W. Whetham,
and H. Howell, Haws, who sat as the local authority
under the Contagious Disease.' (Animals) AM, at the
Town-hall, on Friday afternoon. Mr. Sampson, of
Sherborne, conducted the enquiry.—Supt. Mao if ale
received notice of an outbreak on the premises of Mr.
E. Moorman, of Strong-gate Farm, Netherbury, on
the previous evening —bin Robertson, M.R.C.V.8.,
one of the veterinary inspector. for the district, said
there were eight pigs on Mr. Moorman's premiaes, be
had examined the whole and found one affected. The
owner wished it to be killed. Mr. Robertson had
made a pod f modem examination which confirmed hie
belief in the existence of the disease. The remaining
seven pigs he certified to b.? yet in health. The premises
were declared to be infected fore month,

JUDGE LICFROY AGAIN.
AZ1161150141 Tin a URI'S YZEDICT.

At the County Court no Friday (the last court but (use)'
thu case of ()stabil:l c Harding was firdt heard. and
Judge Lefroy gave a verdict for the plaintiff at the last
court.
Mr. Jolliffe appears I on behalf of defendant to make
application for a new trial, which being granted, the case
was Again brought f.orzar.4. this time before a jury,
4, and F

its. Slider. C. B Freausa. IL G. Chard. E. G.
Draper.
At the opening of the elm, from remarks made by the
Judge, both Mr. oto try (plaintiff's solicitor) and Mr.
Jolliffe, left the mutt te see if any arrangement could be
come to, but &ion retoiued without agreeing to • settle-
ment.
Mr. it. W. Gandy,' rimmed the case to the jury, Um facts
of which lustre .t..vioitsly L,411 robliabed
Mr. John Othnbut s. (armor • .f C4ideocit, plaintiff, called
by Mr. Gan try, swore that in Jaonary last, defendant
Iliard,ocj came to his Loose with a whits mare, asking
him if be would buy it tor Al 3 t Mahe told him he would
have nothing to do with it. Ifs went away, hut • day or
two after cam., ag iin with Richard Marsh, saying he would
take it out in hay and draw, and AS in cash. Said it was
• quiet and l onest mare. Oxenbury to bind the bargain
paid LI W bon plain iff got po.ssesion of the hone he
tried it, but norer raw • horse kick as high as it did
(laughter), and could In nothing with the animal. He
thought it a take-in. Toe hey and straw we, vetoed at
411.
by Mr..f : Plaintiff said his son lived home with
him. Marsh was present when the deal was male.
Herding did not say he hail had the horse but a few days,
and would not give • warranty. He told him it was quiet
and honest. One pound was paid at the time and another
Al sent by hid eon. Ito did not tell his sou to go to
Hardier, to make • deal.
His Honour thought the point in the case was whether
there was a warranty. He thought the eon had no
authority to make an exchange, and that WM elicited by
Mr. dolhtfe could not concern the issue—the harm was
worthies,.
Mr..lolliffe replied, he thought the jury would rather
hear the cam than have it frittered away.
His Honour considered Mr. Jolliffe, by dealing with
points not of interest, Was frittering it away, and that the
case could tat malted.
Mr. Jolliffe said the case was not yet before the jury,
for witnesses were pt to bo called who would contradict
the evidence given.
Miss Orsnbury. daughter of plaintiff, examined by Kr.
Gundry, ewes Harding came to bey (sibs in January and
called again the not Jay. lie (Harding) ...lead to snake
a deal, warranting the horse everything that was good and
quiet. Marsh came with Harding when the deal was
made. The bargain was made for hay and straw, to the
value of SS and ,t 8 in cab. Tn. Al was then given and
LI since. They Cad the hay and straw. Witness said her
brother Is not trust' orthy, and very much sfil Med ; she
I hod not allowed him Sl make bargains, in, for 111011111
As the cows was proceeding the Judge complained that
th• time of the pity was I.ing wasted.
Mr. Gorge Thorne, Cniilsock, yeoman, said he saw the
maga in harness, and as soon as the breeching was put on
shs kicked it off. He thought she was not sale, and was
cue of tie worst kickers he ever saw.
yihnund Bishop, also of Maddock, gave similar awl-
Ashes.
Kr, „LAM% then addressed the jury, whim defendant
wee called by him.
Harding said Samuel Oxenbury (son of plaintiff) WM
yressnt when the deal was mule, and by his desire be went
*Mb him to plaintiff's house. He (ddendant) did not
warrant the horse sound and good in harms% as he had
wirer put it in harness. Hs told them they might try it.
There ns some has yet due to hint. The son (S. Oxon-
bury) afterwards brought the harm to witness' house, but
be would not take it back. He allowed him to put it in
his stable for • little time, and he (the son) went away.
Rename beck with Marsh. Samuel Orenbury told him
hs had sold the horse to Marsh, who was going to get him
lis heard nothing more of it until a month or
IAI week' al tar. Plaintiff's daughter came to him about
it
Richard March now deposed having previously dealt
with Mr. Oxenbury ; but at this particular deal there was
no warranty. The son of plaintiff came to him when he
broutht back the mars to Hardin, asking him (Marsh) to
do the best be could. He sold the mare, allowing Oxen.
bury £lO, plaintiff agreeing to give Marsh £45 lbs. He
(Marsh) bad got another horse, which he had bought for
Ogenbury. which horse he had been ever since keeping for
plaintiff and a Mr. RNA, sad had drawn up an agreement
to this effect Defendant wse not in this transaction.
At this stags in the proce,..linge the Judge making •
further remark upon the case, Mr_ . Gundry stated his
wining...a to settle the CMS, and that each party should
defray their own cot.
Mr. Jolliffe refused to accept this proposal
The Judge considered the proposal fah, and if defendant
would sot accept it, ho thould have to MII the jury that in
law a man having represen•ed • roars to t good in
hernias he was PAP, and that if a man sold a one for a
particular purpose, and the horse turned gut unlit for
that purpose he was liable.
Kr. dollars, however, contended the evidence had not
been heard in its entirety.
lila Honour said he would net have the public time
wasted, and (addressing the Jury) said—lf it was a vicious
animakdeisndant Is liable.
. .

—Mt. Jo'Jiffs said his Honour was laying down law that
was untnaintainahle. .

111. Honour said it. was a waste of time as the case was
proved to the hilt.
Kr. JoWile objected to the course of trying • on.. piece-
meal, and insisted up.in the case going on,
His 1143anur sld tho jJry had the power to say what
they thought of it.
Hr. JAR!' proteNted againt this as they (the jury) hat
not beard all the evidence,
His Honour sold; had. Roth °cottoned in thisstrain for
acme time, and at length the Judge told Mr. Jolliffe he
would, he thought, ha -p the jury there untilt (.morrow
morning.
Mr. Jolllire said the jury were quite willing to discharge
their duly.
His Honour Main addressing the jury, informed
them that beyond all doubt defendant was bound to take
the mere back, or give the value of her, the evidence
prove I she was re.Prelleot4iti to be proper in harness,
Mr. Joints again objected that all the evidence had not
been heard, and that such • course of proceedings was
irregular and to be condemned, it wee time to speak out
sad he meant to speak out.
His Honour araln referred to the waste of public time,
but Mr. UM, said Iv. (the Judge) could not stop the caws
like that, U he did take such • course it was high time
that Court should be stopped.
Mr. JAliffe again referred to his witnesses, series he
would keep them there until to-morrow, he would
be a party to attempt at prey, titigathe hearing of a cue.
He should insist for ths future t evidence should be
heard, and the case decided on its merits.
His Honour. sideemieg the jury, said it Issd been sworn
that the horse was stated-0 be good in harness, and that
was uncontradicted.
Mr. Joni(' with much warmth, replied "Good gracious
ma, sir, how can you say so, when It wee gotradictad by
two witnesses." It was high time sawn* should speak
out, and be should utterly protest againt any such pro-
ceedings.
His Honour said he didn't care about his protesting.
One of the jury said they were willing to give their
verdict,
and that would be "fur the defendant,*
The verdict was greeted with marked applause by the
n Kr. Jollied exclaiming at onos—" I shall claim that
verdict."

.I;;;swer to the Judge tbe iorr gated as their opinion
that no warranty al with the hares
Mr. Jolliffe at onwceripeveanieA.-- wiha should claim the verdict
of the NIT
His Honour stionipted to again addreseintheedfutrLit but
as w interrupted by Mr. Joller i', who cua
verdict.be. recorded.

.--T11;-113-Zhie-aieTU-addreseed himself to the Ittry ; but Yr.
ellig • clafine4 be could not alter the eer&ct.t.thn hia
egjaat (Herdioo he= have Oho court with late, se
koo tot