The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1874-03-03 00:00:00

WAREHAM.

(ben! OM?, Wednesday.-14dore Mr. T. F T. Lefroy.
There were 43 original plaints enteral. and 24 judgmenta—
The first called. on wae an action f.d danttos and tinda, trots,
.- - -

brought by Mr. C. Iladelife, of the 11;417-turonte James
Ortitand, timber dealer, of Illainwordly, Poole. the 1011" e"
being £l9 14e. 10d.-Mr. llowanl appeared for the plaintiff,
end Mr. Moore for the defetelani. -Plaintiff stated that near
his home he had a plaid:alien of Or trees, which loot year ho
decided lo thin out. In April, he and Mn.. Itailelyffe marked
. 'gene to ..f the sinall, it for felling. The wbole ef the Are were
worked with a raze, etraight down the ha'. ; and • few wen'
chipped with a small 000 which (be plaintiff, used whilet Mrs.
Itadelyffe had the raze. Mrs. Itadelyffe did not isack any
buiele thole he pointexl out. After they were marked, he saw
the defeoilant, who had previnitely bought tlniber of him, and
he told him that he could hove the 570 lurked for .elt
laefoidant at first Kahl that was too much, butafter again going
through the plantation he agreed to give that amount. A few
41ar4 after, plaintiff went Met the plantation eel found thee 65
Lige treee, our of which he had marked, had been cut down,
taken away, and the stool; left. In one place, tinge by the side
of the path, six largo true had been cut down, and the
appearance of the plantation was Yens materially injured. Other
large trees were marked for felling, not In the some way as he
(plaintiff) marked them, but cersways, with a larger rase.
Twelve others were chopped, but not sawn through, and gaps
were made in the plantation. He would not heve had it so for
.00. Ile stopped the men from going on with their work : and
had since offered Ormand to settle by paying M. each for the
large tree, he had cut and carried away, 5.1 each for the small
onea, and 65 for the damage ; bat this he would nut consent to.
crosteesamination, Mr. Itadclyffe denhal that he t.dd (annelid
there were large trees marked, but that he said they were large
for the money.-Deorge Roma:tic, an old man, who.
stated that he had lived at the Hyde 50 years,
said he knew that Ormandat men was the only parties
cutting weed In the plantation. In enneormenee of
what Mr. Ftielelyffe told him, he went there with him, and
found that all the email trees were marked either with a raze
cut straight down the bark, or with *small axe, whilst the
larger trees were marked with a cut acres, deeper an.l wider.
Rad seen the defendant mark trees in another plantation In
the mine way. %Item examined the mewls of several large
trees, and counted 50 on the right-hand ride and Is oe the left
of the pathway, and also lei small onus, showing that NS
large trees and llko emall once had been carried away. The large
stool produced, taken from the plantation, was a medium Wm
of those belonging to the trees taken away, and was about
10 inches In diameter. In one teace five of the large trees had
been taken lIMSV. leaving quite a blaek. Any one thinning the
plantation would net luve cut down large treat. There were
also twelve large and lee small trees chopped ready for sawing,
There were also 78 marked but not cut, making a total of 238.
The plantation had been made 82 years-Mr FYler wild he
resided at nekton, and was High eherriff of the count'. Ills
seat was a short distance from the Hyde. In the month of
April last he went through Mr. Radelyffe's plantation and maw
a quantity o/ froth stools, from which timber had been cut and
removed, and also other trees which were marked. In one
piece five had been taken In a row. There were regular holes
and raps in the plantation, which was for • time completely
spoilt. Saw several small trees marked.-By Ili. Honour: rt
appeared that the best trees had been picked and cut down,
rather than if the plantation had been thinneol,-John !Jibed
stated that he lived at Stoke, and had been empleyed at
lleilletnn for many years as woodman. Had sold and arranged
prices for treat In April, 1873, he went to the Hyde and saw
t es
lantation. There were a lot of stools like the larger one
produced. Some were eight or nine inch, and sense tweree
Inches in diameer. Such trees he should value at 2s. each,
and the !smaller at fal. or 61 65 large and 198 small trees were
clean gone ; 31 small ones were lying on the ground, and 131
were chopped about and rendered useless. This was plaintiff's
cane.- For the defence, Mr. Moore submitted that no proof had
been given that it was his client who marked the tree.. or
that his men cut any trees beside those marked by Mr. Radelyffe.
who could not nay that someone else might not have marked
them. Mrs. Radclyffe was not present to say what trees she
had marked. Ile also held that the contract was for 570 trees,
and that the plaintiff had no right to stop defendant's men In
their work. Mr, Reddy& now asked for payment for the
trees, and for damage done, but he(Mr. Moore)submitted that
he could not claim both -This objection Hie Honour overruled.
-Mr. Moore then relied upon the fact that there was a special
contract for a certain number of trees, to which the defendant
was entitled, and that neither his client or themes he employed
marked any of the trees. -Defendant was examined. Ile stated
that he had had dealing* with Mr. Radelyffe several times, and
warn told by him that he had timber for sale. He went to his
h.atse in April, and was told by Mr Reidy& there were 970
niarlted in the cover. He went and 1.4.1 at them, and he
then said there were 570. Some were marked with a ram
and others chopped with an axe. Some of them were to large
as the last steel produced, whilst others were no gon.l and were
cut to make room for the other, to grow. Plaintiff asked .elt
for them, and be agreed to give him ell without the tope. A
few days after the deal he sent two men, John Wilcox,
and Robert Wilcox, to cut the tram ; a d went soon
after to see them. They were then cutting the trees
marked. Did not go again until sent for by Mr.
Radelyffe, who sail that • number of tress had been marked
which neither himself nor Mrs. Re/Wolfe had marked. He
replied that neither he nor his men had marked any trees.
About 220 or 230 hail then been re -ed. None were very
large, but about the else Mr. Radelyffe had stated, lie told
Mr liadeleffe it was not reasonable to euppose that the men
marked the trees, an It was only the maenad day they had
worked for him. Mr. Radelyffe raid he would find it eut if It
coot him £lOO. Considered that the average value of the large
trees would not be more than 10 61. each. Rohl the trees for
coaliit purposes to Mr. Penny, of Fade. They were of no use
fer anything else, lArge and small were *old together at so
niuch per cwt. Could not remember the peke -John Wilcox
and Robert Wilcox cave evidence that the trees were marked
with a rase and with chalk, mei that they only cut dew.: which
were so marke.l. Did not know what was (lone 'kith them. hut
mall sod large were mixed beeether.- lii. Honour mid hie
verdict must be for the plaintiff. ao the evidence ehow..l that
the contract was for tnos marked by the plailitiff. and on
ether.. Ile ili4 not impute anything like dieleileaty to the
defendant, but thought eoine artake might have brrll Mash.
by Id. tuen. He suggested that e:t lto, ehoohl le ellewed
the claim for the email trees me reilv.ve.l by th.: defendant ;
A. to the damage, the slant elailied out not a-,1111.11-
lute for that. -Mr. Itadelv if, agn.,l to hie lloneur's
tion, and a verdict 1r2,, entered for the ',WHIRL for el 6, with
code. to be paid In a month, .

Slle/11/10/../. SlVarrlZe, y St rain.' - tint 4:4 lA.. ti nu old
.104, duo to the firm the lifetime .4
3ti.l sumioernprovol the elam.- -Mr. !toward for the HAMM.
—Ver.llet for I.er month.
. _ . . .

C. neflie V. In, _ chin, col Ila for Ho and
potatoes. - Defendant admitted the dahlia, hut ideate.' on a set-
off that Mr. Ilealo owed him tl7 In.. for rent of a holes- in
Wareham.- Mr Weston, of Dorchester, ans.-area for plaintiff,
and Mr. Ilowanl for the defendant. S aaid that he
Wan the owner of certain pnqs•rty at Wareham, and Mr. Ikale,
previous to his 1,-ating England, for Aliteriel, "Rensl to take
whleh up to that time leull been a pric.de ''lnc. Ito
vided he put In a shop window. They want and I...ked over
It, and he gave Mr. Beale a her of 011 C of the inner doors, and
handed the street door key to the person alio wart t.t repair
the borne. When he left Einitaisl he supposed that Mr.
Male WM going to natio in the house, hut had since saner-
taiinal that he let it to another party. The rent was to be CIO
per year, and he claimed for secy. nitartene rent. Mr.
Weston asked to whom plaintiff entrusted the :management of
his property whilst he was 10 America. Plaintiff sell Mr.
('otter, of Wool, had only managed for the Dorset House. lie
refused to allow Mr. Carter to let the Donwt House to Mr.
Pointer. Mr. Carter was not instmeted to receive his
(Summers's) rent, and he only knew from other people that he
had done so. Mr. West's, handed in several receipts for rent,
which were acknowledgol by Summers to Inc in Mr. Carter.
handwriting. They were to the following effect :- -" Received
of Mr. J. Pointer, 1,2 10s., nine quarter's rent, less rate* and
Lassa, for the house late In the occupation of Mr. It. Rolls."
These receipts extended over the periesi for which Summers
now charged for the house. The 1 WO of the Court stated
that Mr. Carter had requested hint to state that he was; too
unwell to attend the Court, hut that he held the deeds of
Summers's property. Mr. Weston then handed In another
document, shenol by Summers, which was to the following:
effect : -•• I authorise Mr. James Pointer to paint the outside
of the house, and I will allow it out of the rent. Signed,
Walter Summers." Summers now said that they made him
drunk, and got him to sign that paper, which seemed to amuse
those in Court exceedingly. Mr. llowanl hereupon said he
could not go MI any farther. Ile had no idea of such documents
being produced, turf agreed to a Judgment for the amount
claimed by Scale, with costa, Simmers having power to bring
• Inc. action.

Ilbain Marks v. Jahn Game. Claim t 4 15s. of whkh 13
10s. was paid into court. Defendant saki that two ewes which
he purchard of Mr. Marks were not sound, and could scarvely
a-Wk.—Plaintiff replied that he did not warrant them. At
Ills Honour's suggestion. he agreed to allow LI, and a verdict
for the balance ins given.
Charts. Summers v. J. Uayst. Claim LI De., to which a
go -off of Of Id. was Waded and allowed Plaintiff stated the
money was due to his brother, who wee In America, but
acknowledged that he had promised to be answerable for the
defendant to • certain amount. Judgment wee given for LI
; In two instalments.