The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1859-08-23 00:00:00

ass* Enulligenct.

WESTERN CIRCUIT.
BRISTOL, AUG. 15.

The co 1111 l iission was opened in this city on Saturday
afternoon by Mr. Baron Bramwell. Ilia Lordship
did not go t.i church yaitenlav, As has always been cus-
tomary. The court was opened at one o'clock to-day ;
there were 25 cases entered. k perfect stop has been
put to business, ariaing from a eircunuitanoe which the
i attorneys say s unpardonable. Mr. M. Smith, Mr.
Collier, Mr. Kerslake, Mr, l'oleridge, and Mr. King.
don left Wells on Thursday eve g to attend a
commission of lunacy at Exeter. They left Exeter on
Saturday afternoon and arrived at Bristol that evening.
Vestenlay they were engaged in consultations and took
all the briefs that were offered them, but in the even-
ing they decamped, taking with them their briefs and
returned to Exeter. The court having opened briefs,
the moment a cause was named an application was
made by the attorney to have the cause postponed, as
his counsel were at Laster; this state of things con-
tinued, and no case could be taken. The Judge tried all
he could, the attorneys begged for indulgence. The
Judge said whore there was a junior on each side he
should not postpone the case for the leader. Still they
could not proceed. There were counsel in the laid
cause, but they said they were not prepared. The
Judge said he should have it called on. 'his counsel
said they were not ready. The Judge said it must be
struck out. Counsel said, if his Lordship struck out
every ease before it, they could nut say anything. A
long interval again elapsed, and then the Judge culled
the first Clitlße.
Mr. Prideaux said he was for the defendant, with Mr.
11. Smith.
Mr. Stone said he was retained for the plaintiff with
Mr. Collier, but he had not yet received his brief.
The Judge.—Will you have it struck out, or will you
withdraw the record?
Mr. Stone.—l will withdraw the record, my Lord.
At half-past 2 o'clock the Judge said he did not like
that Mr. Stone's client should be the only victim, but
something ought to be done to prevent this kind of
trick from being played again—trick, or error, or mis-
take, or whatever it might be, Mr. Stone therefore
should have his case re-entered at the bottom; he, of
worse—lie meant his client paying any extra costs. It
was just as well that the client should know that he
had a remedy against some one. The only way lie
could get at the real offenders was to punish the unfor-
tunate parties; it was the only way to get at thole who
were really to blame.
At last a ease MU called on in which Mr. Minn said
he was ready for the plaintiff.
The attorney for the defendant said he was in this
position :—He came down here prepared to give his
brief to Mr. Slade, but he found that morning that in
consequence of the death of Sir John Slade Mr. (now Sir
Frederick) Slade was absent, lie then went to Mr.
Collier's chambers, and found he was at Exeter. Ile
was a stranger to the bar on this circuit, and he trusted
his Lordship would grant him indulgence until to-
morrow, as he understood Mr. Collier would be here
this evening.
The Judge said he thought that no blame could at-
tach to the attorney, and therefore he would at once
adjourn.

TUFDAY.
(Before Mr. Baron BRAMWELL.)
BARNES V. HOLMAN.

Mr. Collier asked to mention a MSC in which Mr.
M. Smith was engaged for the plaintiff. He understood
that Mr. Smith was not expected till the express train;
he had therefore to apply for thc case to be postponed
until his arrival.
Mr. Baron Bramwell.—Mr. Collier, I said yesterday
that I would take the cases in their order prsremptorily,
and I must keep my word.
Mr. Skynner, solicitor, of 25 Coleman-street, London.
—My Lord. I mu the attorney for the plaintiff in that
case. My briefs were delivered to counsel on Saturday.
My witnesses are here; my counsel are not here. I
shall be pepared to conduct the case myself, if your
Lordship will permit inc.
The Judge—l certainly shall not admit you to do so.
There are plenty of gentlemen here. I should be
taking upon myself the office of a legislator if I per-
mitted it.
Mr. Skynner.—My Lord, I retained my leading
counsel three months ago, and it was only this morn-
ing that I discovered that I should not have his Der-
vices.
The Judge.—You must take somebody else, then.
Refusing your application with all civility, I shall not
allow you to conduct the case when the bar is perfectly
petent.
Mr. Skyrner.—My Lord, my briefs are very long,
end Mr. Justice Crompton allowed an attorney to act
at Wells.
The dolge.—l appreciate the difficulties of your situ*
then, hut I 'hell adopt my own course.
I ler, the matter end. d.
Mr Collier was the only one of the absentees who
appeared this morning.
Ipon the jury be ito.: called,
A Juror said he could not take the oath, because he
was a t
The Judge.—The great majority of the world are
clearly of a different opinion. They are wrong headed
people, but some of them are entitled to respect when-
ever they act from conscientious principles; you say you
think you can't take the oath; therefore you can't do it.
What do propose to do?
The Juror.—Tlie words of Scripture, sth Matthew,
are very explicit.
The Judge.—l am not going to argue it. We must
take it, and I believe the-iian who differs from all the
world is wrung. What do you wish to du ; will you
affirm?
The Juror.—l can't take upon me the office of • jury-
man. lam a Christiao, and, the Lord haring pardoned
my sins,—
The Judge.—Why can't you take the oath?
The Juror.—Acconling to the doctrine of grace.
The Judge.—Of grace? I don't think that is tenable.
What lias grace to do with earthly matters? Do you
say that the verdict has been predestined?
The Juror.—We are not to resist evil, sth Matthew;
we are to suffer.
The Judge.—You suffer the evil the law puts upon
you. It is downright nonsense. The best thing I can
say is, that such a man is not tit to sit on • jury.
Mr. Phinn.—The counsel on both sides agree with
your Lordship.
The Judge.—Get out of the box, but don't leave the
court, because you are not to make a holiday by your
I 11011SCILIN.

HASKINS V. GAT ET 12SOR.
Mr. Collier and Mr. 11. T. Cole were counsel for the
plaintiff, and Mr. Stone for the defendant.
This WAS an action to recover damages for slanderous
words apoken by the female defendant of the plaintiff.
The plaintiff was a fanner and cattle dealer at Chew.
stoke. On the all of dune there was a meeting of a
benefit society at Cliewstoke, and upon that occasion,
in the presence of • number of persona, Mrs. Gay, who
lived apart from her husband, said her husband had told
her that Mr. Haskina had been locked up for many
hours with Joseph Head's wife at the Crown Inn, and
that he was about to sell everything off and go to Aus-
tralia together. Mrs. Gay also said this to Mrs. Haskina,
and it had such an effect Jpon her that she was ill for
sonic time, and could not attend to her business, and it
caused a mrious disagreement between the idaintiff and
his wife. There wise not the slightest foundation for
this scandal. The plaintiff wanted an apology, and his
attorney wrote for one, but, no notice being taken of
the application, the present action was brought.
Mrs. Haakins proved that the words were spoken.
Mr. Nuking stated that, his wife having told him
what Mrs. Gay had said, be insisted upon her going
with him to ha house, and she then mid she had only
said what her linahand had told her. Plaintiff said he
should make them prove their words, and he went to
the male defendant, who swore he had never told his
wife anything of the kind. The defendants had refused
to make an apology. His wife had taken it very much
to heart, and kept her bed. It was • great annoyance
to him, and was so to this day, not only at home, but in
different parts of the country where he went on buai-
nem. It had affected his credit as a dealer, on account
of the statement that he was going to bell off his effect&
and go to Australia.
Cromesainined.—He was quite capable of not telling
• lie. He and his wife had had no iliTute before about
any woman. He did not give her tea, but he had
almost put WS foot against her.
Mr. Stone submitted that there vras no case, and that
no armlet damage WAS proved, and that the words were
not actionable.
Mr. Collier urged that the words were likely to
damage the plaintiff in his trade ; that the unhappiness
and suspicion of the plaintiff's wife that lie bad com-
edy' _

one could attach any importance to the chattering of an
ill-diaposeit woman. He thought the plaintiff might
have jut up with the matter without an action, but stdl
the defendant ought to Wive made an apology. The
only question WWI one of damages.
The jury returned • verdict for the plaintiff—dama-
ges O.