The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1859-12-27 00:00:00

Zonterstusbire.

YEOVIL COrSTY COURT. —The usual monthly
sitting of this Court was held on Saturday week
before C. Saunders, Esq. judge. About 50 plaints
were entered, more th.•in half of which were settled
before their hearing, and the remainder, a ith one or
two exceptions, possessed no public interest.
Johtmon v. Read.--This action, for breach of
warranty in the exchange of a horse, was heard last
court day, and resulted in a verdict for plaintiff, his
Honor having the parties to settle iusiongist them-
selves as to the amount to be paid by defendant for
compensation ; and in the event of their not agreeing
he would say at this Court what amount be thought
right to be paid. The parties not having come than
amicable agreement, his Honor now gave a verdict
for £24.

Hussy v. Crom.—The plantift and defendant are
cattle dealers, and this plaint was to recover
£6 Is. 61. under the following circumstances : —On
the 21st of January last plaintiff purchased ten
barreners, one of which afterwards proved to be in
calf. He immediately gave notice of that fact to
the defendant, who promised several times to take
the cow and calf back and pay fur its keep; but
having kept them till the 11th November last, and
defendant not appearing inclined to fetch away the
animals, they were sold on November I I th and
realized 113 2s. Gd., less sa. auctioneer's fee.
Plaintiff had also charged, defendant 44. a week for
the keep of the cow, since the period when he first
gave him notice and when defendant promised to
take them away. The cost of keep, therefore,
am Gal to .C. 9 which he considered was rather an
under charge. The balance he sought to recover,
therefore, was 1.6 17s. Gil. Witnesses were called,
who deposed to hearing defendant tell plaintiff at
various times that he would fetch the animals away
and pay fur their keep. —His Honor gave judgment
for plaintiff.
Thompson v. loan.--The plaintiff in this action
was the Rev. (leo. Thompson, incumbent of Leigh,
near Sherborne ; the defendant, Mr. Jinn% Foan,
being a wine and spirit merchant of Yeovil. Mr.
.1. Y. hlehnouth appeared for plaintiff, and Mr.
Sydney Watts for the defendant. This action
(which was tried by a jury) was brought to recover
the sum of .Z3s fur loss and damage sustained by
plaintiff in the re-sale of a horse purchased by him of
the defendant fur £52 10s., and which horse did not
answer a warranty given by him at the time of sale,
but proved unsound, and was sold by auction after
due notice, realizing 1.14 10s., after deducting the
expenses of such sale.—The hearing occupied three
or four hours, but as our space will not permit us
to give • report ia &demi°, we shall given brief suin•
wary of the principal facts, as elicited from various
witnesses'. It appeared that in Appril last the
plaintiff purchased a hone of defendant for 50
guineas, and received a written warranty, signed by
defendant and attested by Mr. J. W. Noble, of
(crime, that the horse " was perfectly sound, free
from vice, and quiet in harness." Plaintiff had
noticed a peculiar gait about the horse, which lie
attributed to a slight weakness in its legs, at the
time he purchased it. He occasioually drove the
annimal out, but on the 17th October, whilst riding
from Leigh to Lewestou in company with the Rev.
John Blennerhassett, the latter gentleman called his
attention to a lameness in the hocks, and they rode
slowly in consequence. Oa returuing the animal
became so lame that be was murellial to leave it at
Stockbridge Farm. He afterwards procured the
attendance of a veterinary surgeon, and from what
he told him he (plaintiff) wrote to the defendant,
informing him of the circumstances. Not rmeiving
any reply, and the Lwieness still continuing, phiintia
wrote another letter, requesting defendant to take
his Immo from his (plaintills) stable, and return the
purchase-money by a stated time. To this letter
plautiff received the following curt rerply :—" Rev.
Sir,-1 am in receipt of your letter, for which I am
obliged. Yours truly, James Plainttif
subsequently wrote another letter to defendant,
offering to take £lO as compensation; but reciving
no reply, be caused the horse to be sold by Messrs.
Baker said Ensor, at Dorchester, November sth.
Plaintiff was severely cross-examined by Mr. Watts,
and said he did not remember that Mr. Fain pointed
out certain blemishes on the horse's legs; neither
did defendant tell luni that he purchased the horse

ai mug:mita in the of Mr. Mallo.k; ho ..ht
hare 1...1,1 Llet that Lb: 1..,rm, had b,esi tir
Id.atku. V iLA he pan-haw:O. the berm! 1..• :.! 1 11.,
the Motet e Inch tvore j•war.:4
ViSlir.t.. 5:. lug phwo 0. I
Cult Mr. N..11h, Ci•• for
:it. .1. V.

.W.V4 3L

N

veterinary .atrgeon, .t • 10 :4 mit
warranty wlitc:i am give:: With f !le r Au.
warratify hat previoasly heist iivele out.
the wonli. 1101111,1, i,t I, ...141 11 of
Idmilislie..," hut he adri, t
I hat. (hi examining the liefoli,r
Ito roan lit Lime friai ov,u tit the near imek.
lie believed seas le and
less, existed when the perehlosl by the
plaintiff: lie bought the horse for 1:15 a Dor.
cheater; took it to Cerise, and fired Isith its hoeks.
On cross-examination .Nlr. .teil that when
he examined the herie at Yeovil lie discovered a
tendency 1.. Mia..1111.111(,04 aall it hail spavin. hie 114.1
apprised plaiiitilr of this circumstance before he
bought the horse, and also the defendant. Ile
hail been tired before for sparin. Firing a horse for
spavin was not unsoundness ; if spavin unele a horse
Lune it was ilecidely unsound ; but a tendency ti it
Wa-4 not unsoundness. Defendant said, wlielt the
home was tried, that it went a little sta at It, but
that would soon wear off.--Mr. Edward Rogerson,
assistant to Mr. Nnliba, slid he MC:Minted the hum,
iin the 29th Oet., suit found it unsound (non a hone
spavin in the near hock. From tile bane delimit
in the hock, the spat-ill must have exiskil ,e,tee
time. In rcpfy to his Honour lie sail that he found
a weakness about the hocks, but no wasounibiets. --
Mr. S. Watts, for the defendant, said he should hilt
attempt to deny that the horse was unsound.—H
Honor: If you tultnit that the horse is unsound,
there is an end to the case at once. If a horse tunas
out unquestionably unsound after a written warranty
of sonnilisess was given, the party who sells the horse
is re,ponsible.,—Nlr. Wats contend that apish' in is
horse V/31 and dwelt very strongly on
the fact that Mr. Nobles hail not only admitted that
a spavin 1.4.1 existed whim the horia eves sold. 'nut he
hail actually drawn up a warranty of sounilliela in
preference to that which hail been previously drawn
up by defendant's sini, and which " exeopted the
Inemishes." How, he asked, wat his client to know
those blemishes were the resuit of split-ill or
of tiring ? If Mr. Noble' knew that spavin existesl
he thought it was itnyosition upon 'dr. Mem to
make out a warranty amindnesi. flu called Mr.
Jatues Foal', who said lie told the plaintiff that tha
horde was perfectly s mod with tile exception of the
blemishes on the hocks. When the watranty was
made out by defendant's son Mr. Nobilis said there
was no reason for putting in the Tuffs " except the
blemishes'," it was in:customary for they were
apparmit to every one, and lie inmle out the warranty
which was now the subject of dispute. and which he
(defendant) at first !levitates( to sign, in repiy
to his Honor defendant said lie knew nothing alma
a spasm; he called it a blemish. WIWI= Frialcriek
Fowl (defendant's loll) corroborated this evidence.
and Thomas Hyde, ostler, said lie believed the
plaintiff heard all the oinversation respecting the
blemishes which took place in defendant's yard.—
Mr. Melmoth having replied, His ii very care.
fully and minutely summed up, oleserving that it was
not imputed to the derendant that be was guilty of
fraud ; but that when the contract ass reduced to
writing the parties ti that contract were bound by
its terms. A written contract would Is: of no Mit
whatever if they could import into it terms which
might have been used at the time the bargain um
toad,.. He thought there was a clear Lreach of
the warranty estahlishial by the evidence on both
aides. The Judge then went through the evidence
remarking ,11 those points which seminal
to favour that supposition, fuel t lie jury afterilelihemt-
ing for about au hour returned a verdict for plaintiff,
damages £2O.

igottt ill..

INSOLVFNT. —Re itiekotrd Maffififin,l, heerhouse
keeper, Yeovil. 'ibis in*,koit voi,,t for awl
obtained his final order fur protection, supported by
Mr. Sydney Watts.
1:111:NING OF TIM SEABeILE, OF New YOlin.-
811biOillei1 are the particulars of this calamitous
occurrence :--The Sea Belle, Captain ladand. was
a vessel of 75.1 thus English register, and haiLit from
New York. She was built in Is.is at Ketiebeek, by
Me,ws. H. D. Brookham and Co., of New York.
.‘lthough a remarkably line vessel her career Mel
latterly been most unfortunate. She arrived at
Bristol on the Isth of August last with a cargo of
deals from ltiehebucto. On her passage to Bristol
she sustained SMOU severe injuries, and on her arrival
at the latter port was put into the graving-dock of
Messrs. Charles Hill and Sons, where .he underwent
extensive and thoroagh repairs. The Sea Bell
mailed from Bristol for Swans:al to. the Nth ef Oetolier,
being chartered to beet a cargo of coals at that port
for Caldera, on the west twoast of Smith Amerie.
She sailed from Swansea on the 27th of October.
awl in the gale of the lit of November had to cut
away three of her masts off Deal Bay. Thence she
mit into lilford, and was atere ards towed into.
Kingroad. where she arriethl ii the 17th of Norma- .
ber. From Kingroad she was brought up to Bristol,
where she iliseliarged ii portion of her carge. awl on
Thursday was taken into Messrs. Hills dry dock for
survey mid examination. Thin process having been
ownpleted, the Sea Bell was brought into the doat-
Mg harbour on Friday evenig, and about half-past I
ou Saturday morning she was ti lire. The intelli-
gence was rapidly comnomicated to the police awl
the various iirewilices, and the engines and brigades
of the several establishments were quickly on Ow
spot. The frost. however, hail been so severe that
some time elapsed before any effectual play Was
Wade on the burning vessel, ant. the flames had
attained such a mastry over the whole ship that
preparations for scuttling her were commenced.
This operation was not achieved tall about half•past
It on Saturday morning, when the illfated Sea hell,
on board which the Inc liad Ned for about ten
hours, and which during that time hail been nearly
was sunk, and the flames which had
wrought her destruction were vanquished. A
melancholy outline is all that remains of this line
vessel. The origin of the fire is still a matter of
conjecture. Spontaneous combustion of coal is
suggested, but this cause seems Ludy probable, as
the greater portion of the cargo had been removed,
:ind the part which remained on board must have
had ample ventilation. Eye-witnesses to the out-
break of the contlagaration state that it commenced
at the galley, and almost simultaueously
cabal itself to the whole vessel, and burst mit ill a
body of (lame from end to end. The ship National,
.4 Bath, United States, awl the bark Egyptian, of
Poole, which were lying near the Sea Belle, fortu-
nately escaped without injury ! and the wind was
also blowing from a quarter which prevented the
otherwise inevitable destruction of the I lockyards of
Messrs. C. Hill and Sons and Mr. W. Patterson, of
the Great Western Steauishipiard.
BionewsTrat.—On Thursday James linsseil, jun., ,
was again brought before the borough magistrates on
renuind. Mr. Reed intimated that lie hail taken the
advice of counsel concerning the charge brought
against the accused by Mr. Powell of obtai g £2.010
fraudulently, and that advice being to the effect that
the charge could not be supported, an acknowlelg-
ment given by the prisoner having converted the
case into one of debt, he should withdraw from the
prosecution. Mr. Brice also stated that the com-
mittee of the Building Society charging the prisoner
with embezzling £3O hail also decided on not prose-
cuting, though contrary to his (Mr. Brice's) advice.
Mr. Trenchant, on the part of Russell. then applied
for his discharge. The magistrates retired to emender
the state of affairs, and on their return announced
their intention to procewl with the case of embezzle-
ment, whether the Building Society Committee
wished to or not The magistrates' clerk was directed
to examine the necessary witnesses fir the prosceu-
tiou. Evidence was thereupon taken shewmg that
the prisoner on the tsth of November, as secretary
of the Building Society, received, altogether, £2O
Is. 61. awl did not pay it iuto the Bank, as was his
duty to do, although he had reported he had jail in
the money. Evidence was given of the payment uf
the three items of the £2O to the sculled. awl he
was committed fir trial at the Borough Sessions, bail
being refused. The Overseers of Bridgwater stated
that they lid charges of embezzlement to bring
against Russell.

WINCANTON.—At the patty sessions, held here on
Monday last, Edward Itanrr, of Castle Cary, beer-
house keeper, was sumunnical by the Board of Guar-
dians for an aggravated assault on his two step-child-
ren. Sarah Brown, and Mary Jane Batson, children
under twelve year.. of age. —Mr. Jillard appeared for
Ranger, and Mr. Cltrke for the Guardians. The de-
fendant was convicted mid sent for six month hard
labour to the house of correction at Sheptou
—.lob fo9:„ of Castle Cary, was lined 2s. 6.1. and
ss. 6d. costs, for an assault on Emmanuel Gilolia—
llobrei ileddrn, of Bourton, for trespass in scarch of
game at Penselwood, two former emiriai,„,,, haying
imen proved agaigst him, he was tined £2 and cobts.
—Henry Coicn Wad charged with travelling in a
railway carriage of the Great Western liaiiway Com-
pany, in the pariah of Castle Cary, without Mining
previously paid Ms fare, and with intent to avoid
payment thereof. Fined £2, and coats. --Murtha
&min, and Mary Inr, of Kihuingtten, for having
in their possession unjust weights. Elitist 2s. GI
cad', and C°44.— Mul""4 Xere,. for drunken-
ness at Lovington. hued 58.—Ilobeit Ford, of
Podyniore, for leaving a horse and cart on the high•
way, in the parish of Sutton Nlontis, without leaving
any person 111 charge thereof. Ffued lOs., and costs.
—George lima, of IV inauiton, for stealing a fer-
ret, the property of Mr. Thomas Biggiu, of the /MUM
place. Ordered to pay 35., value of the farret, and
penalty XI, and in default to be committed to Sleep.
ton Mallet house of correction fur 6 weeks' with hard
labour.

A meeting of our show market committee took
place on Thursday last, when Mr. llichards, the liouo-
rary secretary, produce'l his secounta. ',hewing a
balance in hand of .00. 'llia is after awarding
prizes to the extent of 70 guineas and paying Al, ex-
i. It is hut fair to state that great credit is due
to the committee for their united exertions in ob-
taining subscriptions and attending generally to the
matter. The arrangements were all that could be
wished, and not a murmur was heard. It was de-
cided to invest the balance in the East Somerset Sav-
ings Bank as a general fund, portions of which are
to be drawn and applied as circumstances require

This again shows that the market is not dead, hut .:n
the contrary is likeh v with such a comm;:teu :u ?“.t
ycars. Ir. Hamito, Piciatcd chairts: te of
the coto:eittee, an.(
:.,.•,,Liaeetiii tia With the great:A,
y and good tecliog. It tuteit he borne le whet
,:.at lot (Mr.hf. fin:4 the lirstAvg antl startcti the
1 nitieription of 5 guinea.: and it is in a
eit.a.urc tine t:: line that we ;hut :etch
ectrltct thi.: yew, and we hope fur mauy ye;us tucm:,,•
the

31Kj.%Ni•ii.o.y. AND FATAI! gloom

W 3.4 ea this city on Saturday evening week, by
eire,.lation of a report received from I.welon the
awe aft...moo:l; of en: death by drowning in the Ser.
!ietitine the preeeeding evening of Mr Richard
saddler awl leirnes.i.maker, of the Market-pi:we,
Well.. Mei Hotels sympathy was felt with the somiw-
ing parents at their sudden hereavement. Dee.,eseii
was a young man aged about 23, steady, and of con -
.idelable prionise. Subjoined are thu particulars as
iven to rri•mere,r : --Between the hours of eight
unit ll ill u o'clock on Saturday. mo g one of four
victims of an alarming acesilent., which occurred I
the breaking away of the ice on the Serpentine late
on the previous nicht. was found and taken to the re-
ceiving- house of the Royal I humane Society. It ap-
pears that shortly before nine o'clock on Friday 'sight
the &ceased. slims,' 'name is Mr. Richard Dix, in
equipany with Mr. C. Hack and three other gentle-
men, all represented to he in the employ of the firm
of Messrs. Calilicidt, Sons, and Willcox, warehouse-
men, 29, heapside, City, determined on availing
themselves of the tiueness of the night, awl repaired
to the cast end of the south side ef the Serpentine in
Hyde Park, for the object of skating. A few
minutes after they got upon the ice it gave way with
a fearful crash, and all four were instantly precipi-
tated into the water. An alarm was immediately
given, but by the time tha drags awl the necessary
assistance had been procured two of the party were
happily secured. After 1.111,11 exertion Mr. rharks
Hick. ago! 21, was tak liio:dlll.4r ex rinet
and removed to the Soeiety'sr.eriving-howe without
delay. Thu lily of the deceased at that tone could
'lowlier, be foiduk and, after a protractA ',welt, fur-
ther efforts were iliacontinueil until Saturday mornilig
when the body was taken 011 t Ai above- stated. thi
the re •al of Mr. flack ro thq ree-iving-house, the
Rosa.' flu:wine Society's meibeal "dicer, rliri.;•
tian, WAS bunt for. and. after the application of the
usual remedies, Mr. Hack's recovery was
Alldi he was removed to 11:4 home on Wednesday
morning. Early on Saturday the se.arch for
Dix was resumed, and the laxly having neen at length
discovrreil near b./ where the calainiLy oecurred, by
Jamie' Knight, iceman, it was couveyed to the re•
ceiving.hinise. awl subsequently to St. i leor•c's dead
house. and it:form:al.,' has been forwarded to his
Mewls and the coroner."

At the Guildhall on Saturday, Mr. Chillingworth,
who was the plaintiff in the ease apinit Captain
licalon. tried at our county court hilt week, sued a
nun aaale,i George Searle, a machine maker, for
ci 17,,. NIL for wages ; hut the magistiates decided
that it was a caofe.untrac, and not of hire, and
conekspiently without theirjuristhetion.

The annual - Somerset C ty hail was held at
Meetens' Assembly-rooms, London Hotel, on Tues-
day eveniw.7... It Wad Well attended, and the arrange-
ments of the worthy hoat and hostess were lue;hly
commended.

Our annual Christmas display of meat took place
on Satitrilay week, when the butchers of this nei
Is ourhisal hail arrayed upon their stalls in our market,
a magnificent collection of far joints. Our toe n
butchers, Nhassre. flardwill. Newton, and Macey,
had.. as usual, splendid stalls of meat. Thu show
was earlier by a week than was expected by the gene-
ral pitliiic, nitil iii conseecence titere w..s aheavy
urtrket. The weather. ii,i‘VeCer. was particalarly
favonrable to the exhibition. 'lliere was le.
snal ilUalitity Or poultry in the market, We-due-illy
and Saturday in th, pr,,sent week being the days
.for
the farmers ilaughtei 4. market.
At our county court held last week, a at.:e which
is:envie:l $4 /1110 ColINI,I,•1141.1C One alla eXelled sine
interest wan line in which ait engineer named Chub
lingworth, of West Itrintwich, Hendon,
itt Itathpool, near this town, for led:lnce I f
count, for coledrtictim: a pair of engines of diiii
poWt r for in...pilling a screw idealn•biiat i hicli Capt.
Beadiin had constructed. The ileontce was that ;lie
engines were not of the pow Cr a4reeil for. 'flier, ::.ol
been a written contract between the parties, but it
was mit put in evidence by thelll,i, -
stamped. Tile defend :nit, I aptain Beadini, however
produced it, and paid tile duty 2s. 61.. and .:144 pe•
natty to the officer of the Court, and the tint:dint:l4
was allowed in evidence. Several witnesses at to
examined on the part of the ilettidatit to nrune that
the engines were not i.f the power bari,aitied for. The
judge (C. Sainelers, is judgau. nt.
ii r. It. l'ineltaril was for the plaintiff; aud Ni r. Fos.
ter, of llriilgwater, for the deft miant.- --William
Hughes. of Conway. in Wales, plionber, and James
Tow ell Knight. of Langport, auctioneer. insolvents,
sari-redly passed their exat ll iii - --Joseph Vile,
of Taunton, pork butelier, and Thornhill Tait, of
Bridgwater, tieneral draper, applied for protection,
and were admitted Mr hail.