The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1881-09-27 00:00:00

COUNTY COURT.

FRIDAY.

(13310 re Mr. Sergeant Timmr. Atattamur.).

JunOliva SUNKOmit& Mark Thornhill V. Henry
Coure.e. The plaintiff'. gardener impaired, and handed
a letter to his Honor, who. upon reeling it, remarked that
this was an extraordinary case. Kr. Thornhill, in his
letter, stated that he obtained a decree against the defend-
ant, who at Christosse, 1880, went into the Union. His
mother afterwards came to him and said her son was
deed, and asked for money to help bury him. It after-
wards turned out that he was alive, earning 30.. • week,
and playing the fiddle in the evening.. (Laughter).—
His Honor: What evidence have you that he ia alive and
getting 30s. a week, and playing the fiddle in the evenings.
Where is he living I—Witness: At Shill ngstone—His
Honor: Have you seen him in the II ah I—The Bailiff: I
served him persoi.ally with the summons. I know the
man very welL—Committed for 14 days, to be suspended
if the claim is paid in a month.
E. W. Barnett, Sturonthster, v. James Jeano—Deferid-
ant, who did not appear, is an unmarried man, and his
Honor committed him for 14 days, to be suspaadad on
payment of Si, a month.
George, Abbey Milton, v. James Jeans.—Oommitted for
14 days, to be suspecided on payment of Si. a month.
M. H. Gaines, innkeeper, Blandford, V. A. Friend, Hill
Butte, Wimborne. The bathos due was Al 14s. Id.. and
Mr. Atkinson asked Hie Honor to allow the eggeadayly a
month for payment, which was granted.
Thomas Percy e. Sidney Robins,—Defendant's wife
offered to pay Ss. • month, and judgment wee given for
that amount, in default 14 days.
Mr. Brennand applied for • new trial in the nee of
George Hiscock Somerset and Dorset Joint Railway, in
whir* it will be remembered, the claim wait for A 5
of which was for money sent in gold in • parcel on the
let December, 1890, to a fishmonger at Bristol, but which
wee
to disprove that given by Short, the parcel clerk at the
Woodford station, and he denied that an order from
Milton Abbey for fish was given to the plaintiff. He could
also prove that the plaintiff had c itninitted perjury as to
his antecedents, he Miring denied that he had been in
gaol when he had.—His Honor remarked that it was •
matter which did not affect the question, and Mr. Bran-
nand contented that it was calculated to shake the
plaintiff's credibility. As to the boy Short, the advocate
said he should show that on another occasion he mate
quite a different statement to that given before his Honor.
--Mr. Atkinson: One was on oath and the other wee not,
—Mr. Brennand : He snide it before a detective officer.—
Mr. Atkinson: Alt, we know what they are.—His Honor
said the charge was that the boy perjured himself, and
that also the father and ion committed perinry.—Kr.
Atkinson: Where Is the parcel, your Honor i—they trued
It to Brist-il—it speaks for itself—Mr. Brennand : We
quite admit that it was lost. —His Honor : Surely you
can't ask for anew trial under such circumetanoes / The
desire of the law is not to prolong litigation.—Kr. Bran.
nand said he had several 01 levity, and handed his
Honor one made by the deteative.—Mr. Atkinson said
supposing the plaintiff had perjured himself by denying
that he had ever been in gaol, it was immaterial, as he
was corroborated by two independent witness.,—His
Honor said there was a great desire on his part that there
should it3t be a miscarriage of justice, but in the present
case he is mid not see any reason kr granting the &police-
tion.—Mr. Atkinson applied for cost., and was allowed his

•Tewis Upehall r. William Clark.—)g, Atkinson said
the claim was for Xi for a sow which was warrantod to
be in (arrow but which turned out to be barren. The
wt.s of the Warranty were that the sow was in farrow.
When the plaintiff found that it was not he went to the
defendant who told him to go to the man from whom he
had pnrcSased it. —Plaintiff said he wss • butcher living
in the town. On the 7th of Jar last he bought of the
defendant • sow which he told him was in farrow, and
he would warrant her as snot, at the same time saying
that the man of whom he bought her warranted her to
him. He gave LI 12t. 61., but not being in farrow it was
not worth more than 45.. Fourteen days dterwards be
went to the defendant and asked him to go and see the
pigs. it was not in farrow, and the defendant maid It was
• bad Job and he would go and see the man of whom he
bought it —Mr. Brenand said he should prove that the
sow was not warranted and called tha defendant to do so.
He stated that the plaintiff came into his yard to purchase
three pigs. He showed him the sow, and plaintiff said
"that ia • nice pis I should like to have it" and witness
replied "it is • pig 1 bought to fatten." Plaintiff asked
him what he would take for it, and they made a bargain.
He told the plaintiff he could not say whether it was in
farm or not, if It wars it was 7 or 8 weeks gone, ea tb•
lIILII from whom he bought it told him.—His Honor:
Did you warrant it in (arrow I—Defendant : No, I did not.
The plaintiff cams to me and told me the pig was not In
farrow, and I replied " I cannot help it, you have bought
the pig the same as I did." I gave £3 5,, for it.—
Thomas Pitman, in the employ of the defendant, was also
called and stated that his master told the plaintiff he
could not tell whether the sow was in farrow or not, but
the man from whom he purchased it said it waa —Cross.
examined: Defendant told the plaintiff that he bousht
the pig to fattens. His Honor thought the defendant,
believing the SU srtion made to him, had no hesitation in
saying that she was in farrow when ha transferred her. for the plaintiff.
Curtis and Son, Slandforda v. Walter Hardy.—Dlahn
for making some clotber.—Mr. Brenn and said the plaintiffs'
claim was for 4:1 15t, 7e. fkl. of which was but ti iit4o.
t the sums—#:27*. ed. for makire ca: ya k
and £1 for making and tedro—i-s coat ware d bad.
The defendant had lonia Into o=l4 Si Ha in **(meet of
the whole but leaving Ll still due, His client, Mr.
Cocr; would prove that he was actually out of pocket
hy th;whole tramaction. The coat was made according
to a particular style, and, in consequence, the cost was a
lilt's more than it otherwise would hare be.__
Mt. Charles Curtis said be was a tailor, living in Bland.
ford. Defendant asked N. cutter if they would under•
take to wake up some cloth he had into • suit and an extra
coat. They consented to do it, and the defendant
requested the coat to he made up in a particular manner.
They bad previenaly made a suit for him, and he wanted
the coat to be mad• in a Omit Li. style. The charge they
had male was reasonable ; they paid their men for making
the suit Ll Is. 7d., the trimming came to 70. lOid., and he
charged di. for cutting and dates. On the whole trans-
action the prodt amounted to 121. Bd.—Cross-examined :He charged £7 16t, for two suite and hats, and found the
cloth.—His Honor: Upon the Principle that a man je
worthy of his hire, how can you contend the cam —Mr.
Atkinson: That it is an overchargs.—Hie Honor: But
your client is not a tailcg.—gr. Atkinson : We hare
fiaileee hers to prove that it is an owe a—
dramp. in the employ of Ilisesrx Ab Henry
called and stated that the amount paid into Court' win his opinion, rufkient Ur the wort done. He would be
pleased to do business on such terms.—Joiseoh England,
g 0 rears' experlenoe and in the employ of Kr. Marshall,
yea alga called for the defendant He examined the coat,
and his Honor remarked that the things were very well
made—Witness : They are made very well.—His honor:
The, ft the young man very well, and he looks very well them. ilen4hter3—Witnees said he did not consider the charge toad* unreasocable, and Kr. Atkinson said
attar that he would not continue to contend the cast
Verdict for plaintiffs with outs.

POOLN.
Tim Ovens Funinv.—lt i• said an arrangement
has been come to between the Corporation and Mr.
Henderson, the representative of • firm of oyster-
growers for the lewdng by him of • p6rtion of the
Wareham Channel for the establishment of an oyster fishery. No doubt if the old oyster trade could be
re-established, the town would greatly benefit. At
present the Council, in their wisdom. see fit to decline
to allow the ratepayers tl know wow what tame the
gegotiationa an proceeding,