The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1868-03-10 00:00:00

221 ALWARD 1101101111112 AT THI viaroau MOM.

WMOM.
Mime,. Dunn.-Mr. Cole, Q.C., and Mr. Lopes for
tb° plaintiff: Mr. Collins for the defendant In this
liOlkm the plaintiff. a solietor of Yeovil. Soma-est
sambaed the value of property lost upon the premises
of the defendant, a hotel keeper of
°old', Q.C., baying 'Maid the facts of the ease, caleel'isil..
Weymouth.-.
Thomas Moore, the plaintiff, who mid b• Ir" • r!..— .I
residing at Yeovil. on Thursday. "th A°62stiCt.ll6,
his friend, Dr. Garland, wont to the Vicitona
had
Weymouth, kept by the defendrint They some
refreshment, and went to the th_..°4lr.:, listuettheeiffwahti
returning at halt-past
to
He did
time
.°me
silver. He
In his waistcoat were E 5 in gold some .
after.gokitat.tchtilanl hdeohmatotothebeda;,,,ahoutd three. H. LI
folio slept.i
in.
ta d.oun,buthle-i.
had lost is ea .
gb.d(lanlirdeallrerheanw°l7ll:inhhdhilitmliatlahlsef;olwdeOh(ratemihi
and his waistaoet were likewise gone. Dr. Garland
aroused Ike defendant, and • search was made by two
policemes. but nothing was found, and he had to borrow
• waistcoat end money to go home. About the 12th
of lath month defendant sailed on them and expressed
• wish to settle it, and his regret at the letters wetter'
by the lawyer. They said an apology must first be
Inserted in the newipapers on &mount of the remarks
roade as to their diameters, and he desired • day to
think of it-Crom-examined by Mr. Collins: After
they left the theatre they went towards the railway
station. They did sot go bemuse there was a roulette
table near there. They were told after they came back
that there was, but they did not go up there till about
half-past two. He had one gland brandy and water and
a cigar, and then they had a bottle of champagne. They
did not want to go out again then ; neither did the
landlady say If they did they would be looked out. He
would give his word that when they went into the bed-
room he shut it, and Garland tried it after him. He
did not look it; he seldom did, and especially refrained
from doing so on this comasion, as Mrs. Dunn said she
knew all who were in the house. Dr. Garland, he would
swear, did not say in reply to a question on the follow-
ing morales put by the police that they did not even
shut the door. Neither did be tell Lilian that it was
not his fault but theirs, and they ought to have
fastened the door. Who. he went took to Yeovil
he found it was known before they had re-
tureed.-Q. Waan't there • great laugh at you
as the attorney who lost his watch 2-A. No; I
don't think there was.-Q. But did not yon my you
would not stand it, and weald bring an action against
any man who laa&ed at you 2-A. No ; the threat of
action was because they said we were drunk and had
loth our property at the roulette table.- Q. You
thought year chummier damaged.- -A. Well. I didn't
care about it but Dr. Garland did.-Q. 'Dora
you, as the lawyer, did wee ewe, but the doctor did ?-
(laughter). A. Tea He left Lie watch in his waist-
coat He gave £25 for it, but it was worth £5O. He
gos it from I,ondoea.-Mr. Collins : That's a large place.
-A. Well it was bought at Eiliswert's.-Q Can yon give
me his address 2- A. I have loth it. -Q. Come now. Is
it the gentleman who lives in the Strand, and advertises
Slewart'a 60 guinea watches for £252- (laughter).
You lost a locket with a portrait as well 2-A. Yea.-
Q. And won't you laughed at for losing the portrait?
-A. No.-Q. And did not Dr. Garland my "Never
mind, Moore there's plenty more where that came
from r—Dorighter).-- A. He might -Q. Was it •
present? -A. Yes.-Q. Portrait and all? -A.
Yea. -Q. What de yea value it at 2-A.
I have claimed nothing for it. -Dr. Garland, •
physician of Yeovil, corroborated this statement,
having been in the company of his friend all the time,
except about ID minutes when he went to the roulette
table. He had placed his watch and chain and money
on the mantiopiese, and awakening first missed it at
oath He bad some trouble to awake the defendant,
and had to go his bedroom. He heard his wife say
" get up, or he'll 0011111 in." They were very handsome
watches. He bad sever seen the portrait-laughter).
Crothexamined : He was not particularly fond of races;
had gone to about seven in his lifetime. He knew
Milborne. He bad not offered to bet 20 to 1 that he
and Moore won the asthma'. He had certainly said in
fun when they wreathe tourism him that he would lay
£5 to fie. that he would win his eladm.-Q. But isn't
that 2D to 1, come ? You have been to more races than
I have-(laughter). Milbores said "done," did'et he 2-A.
Yee, but it was all in fun; I didn't intend to pay him.
He played at the roulette table.-Q. Win or lose?
-A. I lost.-Mr. Collie.: So I thought -(langhter). -
Did they °lean you emelt-A. No, they did not.-Q.
How much did you lose; it's • fair quotation ?-A.
About 30e.-Q. How much had you?-A. About la -
Q. Then they half °leaned you out? What did you
drink when you came hack?-A. Had some porter and
bread and theses. -Q. Bread and chasm, porter,
roulette, I Is porter your usual beverage 2-mt. It is.
I ouly drank porter that day.-Q. Theo you were not a
very profitable customer to Mr. Dunn. -A. No • our
joint bill only amounted to El ls.-Mr. Galina t
Well, you have made up for it to-day by
your claims. You say that Mr. Dunn was some
time before he came to you. What did you expect?
-A. Well, I shouldn't have wanted to put on all my
clothes.-A. Then you expected a door to be burst
open,aod Mr. Dunn to rush into his night dram.- A. No,
but be might have some in at once.-Q. And left Mrs.
Dunn 2-A. Yes-(lamehter). The witness then went
on to deny that he had said it was their own fault. A
farmer be said had stood up in • public room, and said
It was a notorious fact they were so drunk Mrs. Dunn
had to nut them to bed.-Mr. Lopez: Did she pot you
to bed 2-A. She did not - (laughter). - Mr.
Ebenezer Whitby, of Yeovil, was staying at
the Victoria Hotel on the day in question, and
saw the plaintiff, Mr. Moore' there. He athompanied
Dr. Garland to the roulette table They went to bed,
and Mr. Moore was quite sober; be certainly bed a
waistcoat on.-Crosa.examioed : He could not say
whether be won or lest at the table. Being pressed the
whamrn said he did lose; not much.-Sarsh Rim,
formerly cook at Viceoria,reciollected roma time alter
the alleged robbe a waistcoat being found rip a
chimney, but she d' not know what became of it-Mr.
Bowden, auctioneer f Sturminster, stated that he warn
likewise at the boleros the evening in question, and he
could toddy that plaintiff was perfectly sober-Mr.
Juseph Moore, Mayor of Yeovil, brother of plaintiff, said
he was the solicitor in the Wien. He recollected on the
12th February last the defendaut came to their office and
there were some negotiation. -Mr. Collins replied on
behalf of the defence in a humorous speech. He admitted
that if they believed the story as at present before them
then Mr. Moore was entitled to some compensation, but
without attempting to say forone moment that those
two gentleman would come wilfully to tell them an un-
truth he did think they would agree with him that they
were somewhat hazy in their reomPection of the matter.
Did they think the sporting doctor would be content
with • mutton chop, a glue of porter, and a must of
bre. I and °bemuse, or that a gentleman would stay in •
low three or four hours with only one glass of wine? He
could well understand why the action was brought. They
could just farm the tale that went to Yeovil of the sport.
leg lawyer who had lost his watch at the races, and the
doctor who had lost his money at roulette. The action
was brought to clear their character. He didn't know
whether they had wives; he sincerely hoped they had;
and what • lame story to go home 'nth -(laughter); the
wife would lay I don't like that tale, it wont do for
me ; there mu-t be some explanation. And he agreed
with the wife it warn • suspicious affair and women
were suspicious-(renewed laughter). No doubt Mr.
Moore was teamed out of biz life, and the secret was that
their &erecters mast be cleared. Mr. Collins then went
on to state that he should bring evidenoe to show
negligence on the part of plaintiff, and having
done that should feel entitled to ask for • verdict
for the defendant. He than called Mr. Edwin
Dunn, the defendant, who said for some six
or seven years he had kept the Victoria hotel at Wey-
mouth. He saw the plaintiff in the bar about
two o'clock. Dr. Garland said to Mr. Moore ' Let's go
to the ' hell' and see it we can win our money back,"
but his wife said if they dad she would have to look them
out, and she prevailed nom them not to go out. They
stayed up till 20 minutes past three. The room in which
they slept (he and his wife) was one large one divided by
a partition about an inch Omit*. On the following
morning they hallos/id out they had been !ribbed; he
said "nonsense, their friends had been playing jokes;"
but they said it was no such thing, and he at once
dreared and wee with them in five minutes. Saperin.
tendent Lidbury arrived some time after, and asked
if they looked their doors. They replied no, and they
did not know if they shut it. They also said to him,
"Its our own fault; there's no blame attached to you
whatever, it's our negligence, and you need not worry
yourself.* They said that twies. They treated it very
lightly, Dr. Garland said "Never mind, Moore, you
have lost your portrait, but you ean replete it, your
loss being greater than mine, mine not been more than
• "tenner."--Crossexaselned : There was a waistcoat
found; he discharged oak of his servants three or four
days after, but not for that; for being impertinent.
He had her boxes 'earthed for their own gratification;
he did not expect to find the watches there. The
plaiatifes were " drinky." He would swear that Mr.
Garland said let's join the "hell* again. -Mrs. Dunn
said she did not see Dr. Garland and Mr. Moore until
about two o'clomak, Dr. Garland wanted to go back to
the roulette table. They said the "hell," but she
wasn't aware there was each •
tithe at Weymouth
-Heighten.). Mr. Whitby said 'we shan't be Imam
I've lost En to-day, and I want to win some bask."
They did not evaatnalty go.-Mr. Dann get up directly
he beard of the lam ; they both went to the bed. Mr.
Wintry, impactor, was there, who asked if the bed-
room door was shut. Mr. Moore said no. Mr. Lidbary
said you ought to have locked it, especially at races.
When Kr. Moore and Dr. Garland eine down in the
bar 'tithes, said "I am very sorry." Mr. Moore said
don't you trouble, Mrs. Dunn, it's oar fauna • we might
to have locked our door. Witham afterwards treated
It very lightly, as she thought no more about it. Mr.
Moore pod for the champagne ; be paid • sovereign for
It. She believed he looked for it in kis waistcoat peeket ;
be might have taken it from his trousers pocket. Wit-
ness told plaintiffs they would have to pay for • bottle
of champagne for standing in her way.-Iline Lee, book-
keeper at the hotel, oorroborsted the preview witness
In the statement that the plaintiff told the defendant
not to trouble, as it was their own fault, and they should
have looked the door. They seemed to treat it as •
joke, Dr. Garland teasing Mr. Moore about theportrait,
and saying how sorry be was that he bad lost it
During the morning she said to Mr. Moore, " Did'ut
you look your door r and he said "No, I don't brow
that we shut it; we don't at home."-Mr. Arthur mason,
chemist and druggist, Weymouth, said that on the
morales; of the 90th August, he went into defendant's
booth He aid not see Mr. Moore. He remained there
two bean and • quarter. He saw Mr. Moore
about twelve o'clock. Mr. Moore was in thatirmay
of several gentlemen; they were talking about the rams.
Dr. Garland was talking of the roulette table, Mr.
Whitby said he lost about Ellf ; he did not see plaintiff
join bed.-Charles Down, bermes, mid he recollected
plaintiff on the omission. Witham got up about half.
past four and pawed the door of the room where
plaiatiff was sleeping; the door was open
about 10 Inches; be took no notice of it. lis aithia
posed about six o'clock, and the door was then in the
same state, and about half-past seven or 25 minutes to
eight be returned again. Plaintiff said they bad
lost their lathlike's, one of them said hie waistcoat was
gone, and Dr. Garisurd mid his watch was worth
about £4, and the other was worth more money.
Witham said "Its • /MOO job," sod asked them if they
bad looked their deer. ?Watt,/ said "No." Dr.
Garland said be 'Wald not have the trouble to wind
hie up that Right. Mr. Dunn than came and witness
left-Oroawatherined : Dr. Garland appeared plowed at
the less of his Intel. Caa sweet Dr. Gegiand mid his
vela eis worth) Moat 84 or 411 ahly.—kil.