The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1881-12-20 00:00:00

KEEPING A SET OF DIVING GEAR.

John RoAte, a diver, wee b.ought up on Tuesday lent
before the borough magiatratw, chanted thvt, being the
bailee of • complain eat of dialog gear, the property of
Wtliigep 11.1tt, he bed converted- the some to his own
_

Mr. Pally II roper appeared (Jr tie prosecution, and
Mr. Heen• for the defend sat.
Mr. Ho leer 5.1.1 Mr. Williern Bstt was the owner ef a
elmsliite set of divinz C tr. and the defendant, Jrihn
It sk.. wee a diver by trade, and oi nt &feint the country
t r. coo gooda the Chad guns to the d rep Net being him.
sell in • position to own diving geir, from reasons which
he nest not explain to the Bench, lie entered into an
agreement with Mr. Butt for the hire of his diving gear,
whereby he wined C 3 deliver up the same at Mr. Butt's
address or wherever herbage to tern tad them, and he also
a/reed not to shift them from the place appointed, and
further agreed to pay £5 per uszoth for theta when
working. In pursuance of that ea...meat Ile Butt
agreed to hand over the sear. sod not being abt to get
the monity for the hire, Kr. Butt cal el on defendant to
r-turn the gear, when he said be bad disposed of it.
Hsfonciant was then charged wile converting the goods to
his own use. Kr. Butt, Kr. lii .per c intimned, wee not
actsated by any malice whatever ; he only wished to
&fend himself, sod if defendant world now give up the
articles, or even give Mr. Butt en authority to receive
tsars, he would no' press ths c use.
Mr. Hanna, on behalf of defend tot, said it was quite
trus defendant had the gear ; hot by the terms of the
agreement resd, his frieed, Mr. Ilitti3er, had put himself
out of court. Th-re wag nothing criminal in defendant's
conduct Mr. Hanna said the vessel in which the diving
gear was, WU chartered for sist months only. He con.
tended there sea, a contract for the hire of these things,
and the return when called on. If defendant did not
return them he had broken hi. agreement, but there was
nothing criminal. The reseal. City of York, was left in
charge of the defendant with them things in her ; ahe had
gone to Balcombe and had been seised, and the goods
were on hoerd..

-
Prosecutor said do( endant c )old not go bock to Solcombok
he was too far in cl..bt

Dr. Drew asked wby the man did not rive an authority
to prosecutor, tr. receive the good*.
Kr. Hann* raid the owners held them in the exorcise
of their legal power.

-1;--roweeu---4; i;idie would fight the owners, se they were
men of means.

Mr. Hanna raid there were t en parties In thLe—Mr. Batt
and Mr. Bruce__ _

Teetri-to—ribfr. Ilium has nothing to do with the div-
ing gear.
In answer to Dr. Drew, prosecutor said be had legally
&mended the gear, and he woo thsn sworn sad doomed
he wee the owner of • complete si.t of Hutkey's potent
diving gear. In October la-t, he let Books this net ;he
was then bound to Bali-on:the to work • job for Read, of
Portland. and some Whitetable people. Defendant had
no gear of hi. owi., it having been taking sway from him.
The value w. about 4:16, and prosecutor paid IS 51. for
Insurance. Rooks signed an agreement to pep L 6 • month,
when working. Hod it been to do limits soy good pro...
eutor would not hews corgi Id. about the rent. Had
written to Roots twice for the sou, and received on
December gad, a letter in which he stated he had not the
mesas of forwarding it, bet promising to geed it on as
son as he was in funds. Saw him Mit Thursday, asked
him about the gear, and he slid he hat fused, and
would Rive • written order to get it in the course of the
day. Ile did at do so, and, Boding that, prosecutor em-
pl Ted a iriend to go and see him, hot did not get it On
Prime last prseciutor went to Silcoenhe, and found
Rook, was in debt there, an he woo here, and demanded
possession of the muter of the ship, but he declined to
give it pp, and prosecutor had not received it up to the
present time.
Sir. Banns said there mast be • remand, as he
MU only instructed this morning, and there wag • quantity
of oorgispondence.
Dr. Drew: have • simple cam; the only question is
the retaining of the diving gent.
Mr. Ilium' said henna bring witnesses from Sidoombe.
Glasgow, and Liverpool.-11.r. Butt: I will save you
bringing them from Glasgow; I will bring them myself.
Mr. Amine stated unfortunately there was a barrier in
the way of the goods being given up. There was something
mysterious about the whole of this treasaction from
beginning to eod.
Pr.aisculor: What do ysu mean by something myster•
Joust The acre imeet speaks for iteelt
Mr. H tine p-ot set al; vast being interrupted.
lb. Drew asked whit defence there could be in • eine
Ilk- this? He nevi-r es w • clearer CAIN in his life.
Mr. Hone,: irdint to your ruling, if •
obtain books from • er. Writing library, arid unPo:Tn
ri•
stely, that person should have the misfortune to
burn or mislay one, that p-rson i.e criminal, for the most
iep rtant c nut in of • cirenliting lihrary Is to return
the moots borrow. I. We bed t 0.,, woods for the porpoise
if gulag in the city of York to &lambs for the porpose
of some minims work,: Mr. Butt was to hive a • month
for them. The natters of the ship in the exercise of their
legal powers have seised the ship, sod put it out of the
ps • Or of defendant to return the goods.
D- Drew: You admit that the diving gear bolongs to
Mr._ Butt. .

Mr. flanne: And hie partner.
Mr. Batt: The partner h • nothing te du with It.
Dr. Drew: Toe cuedition le that b.. to return it when
asked for. They ask for hm order to give up the diving
gem.
Kr. Milledge : What is there to prevent an order being
gleen for it to be given up!
Mr. Bean,: There I. toveilting to prevent. Though
the agreement wee signed by Mr. Batt, lota, doubt there
W 22 a niatner in it.
?dr. B tit bared. Died this.
Mr. Menne sail the agreement was signed for a partner
and himself. _

Mr. Butt : Ihe your pardon; nothing of the sort.
Dr. Driiw : I think the prosecutor in this cape haa acted
most feint, tad honourably towards the defrauder:lL
Mr. henry Warren : I am a solicitor's clerk in this
town. On Friday last. at the wish of Mr. Hiatt, I saw the
defendant, and suiloid him it give up the citing gear. at
the semis tiros I asked him for • writtan authority to Mr.
B.tt for him to reci-i,e the 'am.; I also asked him for
a• order to Captain Awl's. the captain of the Warner. to
hand them crag. as M .. Butt was goits.: to Salcomhe on
.aturday_ fib refused to do so. although he said he
wished Mr. Batt to have the gar. He said he had that
morning n c.ii red • letter from, I Issliere it was, Ilowarth
and C... IltaliDe that he was not--
Mr. Arden: You must not state that.
Witness: I silted him fir • written order. bet he
ao do no. I 11l him it would be more ins
friendly way than anything else.
Mr. II sane asked to be allowed to ruin. his examina-
tion. _

--D-. Drew: I do not th'nk there will be an adjonrament
Mr. Henna : I est you to vent an ad' +liniment to show
that this man is not whet be is represented bare to-day.
I have the most ample clef •oce to thee charge: but I have
witnesees to bring from Holcombe, Liverpool, and Gim-
p..
Dr. Draw: We aro hare t administer joitice; but this
Ii one of the mut plain Cases toot Pr. r came before a
h tech of magietrates. You have admitted this is Mr.
Bott's property.
Mr. Menne: I shall leave myself in the hands of the
Beach, whether you will grant is. an aijouraruent or not.
Tim magintratee then retired, and on their return,
Dr. Drew caked Mr. Arden to road over Mr. Worsen's
ovules.. This having been done,
Dr. Drew asked—Did Mr. Warren gather from the
cmtveraation that defendant had ported with the Sear in
ant wayl
Kr. Warren could hardly gather that. He could
gather that by the charter party he wee indebted--
Me W.+ told he must not state that, sad Mr. Hanna
weed—Did he ithe any reason why ha dil not comply ;
Mr. Warren : Theo the charter party comes in
dir.eFtle•

After some further questioning,
Mr. Monne said the aefeudstat had the owrsre in fronts
Mr. Butt on the right. and Mr. Bruce on the left. LIE wits
claimed &ad he did not know wham to give it t Ile
would give an order to Mr. 11.itt if he wood
him ogsi.ist any claims by Mr Bruei or lb.. owneta.
Kr. B•itt said be would as against Mr. Bruce.
Mu Banns sail supposing he put out sheep to grass
on a Comet-Winer, land, and the lasdiorl came and
wised them for rent, there might be en agreement that he
w., to giro them up; but a barrier would be in the
W.V.
Dr. Drew remarked Mr. Butt would indemnify defen-
dant from oaf Cillem respect ol LW diving gear by Mr.
Brace.

Me' RIM* l'aill" to owners' dalme„ tat aa Isitentaity as against the

I Wilt id?* MI my cuAran'on I will
Wm PTOOl.dhlSNtaiuct Howarth direc.lv I have
court.

Iceutaally thc cue was adpurned till W.dneedaY.
Mr. Sanas d-rtkig his °best .h ,01.1 epees-.
Oa Wednesday, Mr. Haan. ..ii he bad been foe m-
rnueloatiou wit., the owner"( the stesruship,a,d rrcri red
a telegram informing him th.t ootouly I. the vreseot
ditarterler, the owner, but also the mortgagee in poesession
therefore It made the case much stronger for the defend-
bolt But if the other side would accept the offer to
give as order for the goods, prosecutor to get them how
be Gould from the owners, mid give an indemnity that
Kr. Brace, of Gla,gow, would take DO further steps
against Rooh., they would agrea—Mr. Hooper: That
is what we offered to do yesterday.—Mr. Hanna I
am provided wilt the authority it you will give the
hademaity.—.4 I was agreed, and the case war with-
drawn.