The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1868-07-28 00:00:00

••••••.1,.....,.....ME

went there about half-pen one. I then saw a man
standing near NOM 1401101 on the quay. I went acre.'
the quay towards him, be was looking 51 leways, and
CROWN COURT, Taserme. when be saw me be walked towards the fish-shambles
(More Mr. Jusnes Miaton.) out of my sight. I knew Ann Hancock, and Paw her
standing at Swan-alley sorter laying her head Wind
THE MURDER AT POOLE. the wall. She had on • black bat with white feather.
George leanly (21), seaman, Wan charged with the and • plaid shawl. The shawl and hat produced wet.
wilful murder of Ann Hancock. of Poole, on the 21st the slime. The OM looked rowed three times towards
June last. Prisoner pleaded "Not guilty." tie is a me. When he paned on I wept into my own door,
strong built young men, of • calm and quiet appear- and when I cone beak I saw the WPM (110.0 I
ance, but has evidently suffered considerably sines his under the light, near the fish-shamble steps. I
examination before the magistrates. When he saw me be stopped, end then went towards
Mr. Sere appeared for the Prosecution and Mr. some timber. I did not see him afterwards. but went
Collins for the defence. into my sister's house. It was then about 20 minutes
Mr. Here, addressing the jury, said that in connection to two. When at my sister's I heard some person pass.
with Mr. Ledgard he bad the honour of bringing the ,It was • umn ;he went towards the Red on at the
oese before them. They were called upon to examine , corner of Oak-alley and the Strand. When I said
a. to the cense of death of Ann Hancock, which the "Stop, come hack," the man ran,
prisoner was charged with having committed. The Be the Judge : I did not see Joseph Faudy that
night. Ido not know bun, The man had a round
learned wallet then proceeded to give the leading
circumstances of the case as detailed in evidence, The cap on.
question was whether the death of Ann Hancock was Ann Maria Domoney deposed: lan wife of Thomas
canoed by her own act or by the deliberate and violent Inmoney. I have • sister-in-law living in Oak-alley.
act of some other person, and if the ju7 came to the I was in her house on Sunday morning, 21st June.
conclusion that her death was not by suicide, but was, Some one came and asked for help. My husband went
mimed by some other person, then they would be called nut, end I afterwards went on the quay. I went by
upon to come& r whether that act was by the prisouer. Lagland-street to the round-house. I maw • clog whir
is alleged by the prosecution, h
attracted my attention on the quay. Th. dog came
The first witness called was Henry Barnes, and and put his fore legs on my dress. / sae a man thin
exaMined by kfr. Ledgard. lie said: I am land behind a heap of atones. That was George Denny. I
surveyor and architect residing et Poole, and made the then went round the shambles, and prisoner went
plan produced. It is made to scale, 20 feet to the inch. , across the quay. He was dressed in dark trousers,
A model bas also been made. In making this
certain points were pointed out to me by Mrs. Cain's very much from the pocket dowa the leg. I kept the
and Mrs. Whittle. These points are all marked. I also prisoner is sight five minutes, and fall him at Medway's
made a longitudinal scale. I took the level of high corner in Leland-street. He then raised his arme up
water and low water mark. (A model of the place was and down. I was about 20 yards from the Swan 11111.
here produced, and examined by the judge.)
He thew went away, and I afterwards saw him opine
Mark Maiiiment, police constable of the borough of down Fish-street on the quay. Ile Lad on then light
Poole, deposed :On Sunday morning, 21st June, I was trousers. He went down to the shambles. He
on duty in the Strand. I bend screams about two appeared greatly agitated, and I went opts him and
o'clock coming from the direction of ftc ma. I believe put my hand on his shoulders, and no, I" It', a nail
they were the screams of • woman. I heard the job." I asked him if he knew who it wan, lie did
screams three times. The first two screams were very riot answer. I then said to him " How unfortunate
(min, and about a minute or • minute and a half , for no many people r .und the quay to be drowned."
between the second and third .cream. I was opposite Ivamy said " I know nmethirg about her, for I Wan in
the Red Lion Inn when I heard the screams in Oak- her company last night at eleven o'clock." I saw no
alley. I turned back to the Swan Inn and heard the other person standing hy when he said that. Dem,
stream again. I then knew it same either from the "ea walked round the shambles, and backwards and !ne-
er the boats. I then ran a. teat to the sea ea I could, wards on the quay for • quarter of an hour. I walked
and went to the slip close by the round-house. I also on the quay but not in his company. I know
asked "Where are your but got no answer. Ivamy's mother, and saw her while the prisoner was
I could not have seen any one the further walking round the quay, Ivanty's mother serene her
aide of the Shamble, On the net aide of the hands and said, in prisoner's hearing, "Oh, my God,
round-house I found on • post between the slip and the this would not hive bappened if they had not left my
round-hooey the shawl and a black straw hat with white hone." She then said V She could not have left my
feather. They were dry. They were folded mo, and a house more than 10 minutes before this happened."
brooch in the shawl. I took themin my possession, and The prisoner said to her " Shut your mouth. What
went to Thomas Delaney's, in Oak Alley. He came the have you to do with the girl." The prisoner
with me and a man named Oaks. Search was made for then walked about till the body was hrnught to the slip
• body and one found. I Paw the bodyeeouget onshore, in the boat. He then went to the boat. I went also.
It was the body of a Woman. It was taken to the dead He put one foot in the boat, and one hand athwart the
house. The body had no shawl or hat on. • The body boat, and late] the sail which was on the body. My
was found 20 minutes to three.—Cross-examined ; The husband said "If you want to see her it's'ebe other
distance between Oak Alley and Legland-street is about way." The prisoner then came from the boat. He
30 yards. I went first to the corner of Leglaudetreet, appeared troubled, and cried very much, and said "Oh,
which is nearly in a straight line to where I found the that I hadest," "Oh, that I had'ut a-beat her." lie
clothes. The distance from Laglsod-street to the sea is then walked round the shambles, and talked to some
about 91 yards. other persons. He then said "One ia gone, and here
Elizabeth ("eines: I am wife of George Caine., of goes another." He then took his up off, and bin blue
Poole, pilot. On Sunday morning 21st Jane last, I Guenisey, and threw it on the ground, and ran scrota
was awakened by the !screeching of a female. I the quay. I tried to follow him ; the ran &mese to the
live at the corner house in Lagland-street, fronting the timbers, and after giving • wave with his hand he jumped
fish shambles and the round-house. The room in which off the quay'into the water. I saw the cap lie throw
I was sleeping overlooks the Quay. No one was with off. It was not the same he had on when 1 Raw him
me. The window was partly open. I believe the I firste—Crom-examined : I was also agitated. Primmer's
distance from my window to the round-house 1. 26 yards. mother did not hay "tile" could not have left my
—By the Judge: You said before the Bench that the home more than 10 minutes before this happened, but
screams were like a child'. voice—Witness: When I They," fir,
first heard the voice I thought it was • female's but At this stage of the inquiry, Mr. Here,
when! got ti the window it sounded fainter. Tilers addressing the judge, said before be called the
was the voice of a man mingled with the screeching'. I medical gentleman, who made the post-mortem
then put on my clothes, and went to the window and examintion, he thooght it right to state that
still heard the criee The cries were "Oh, oh." I called the other two witnesses, namely, Superintendent
out "You rogue, you are drowning that child. Win be Gifford and the woman who hoard the conversation
you. Cannot you answer." No reply Was made. I tSen with deceased, he should not produce, after the observe.
got • light and put on my clothes, and called "police" tions made by his lordship.
and "murder" I then heard a whistle, and then I hand The Judge: Ido not consider that such evidence is
a Man cry "Come here, come here," self calling to • admissible, that of Mr. Oifford's being apparently
dog. That was from under the fish shamble, I than wrung from the prisoner. It was nothing but poor
saw • man come from under the shambles but did not rubbish, if not something worn.
see • dog. It was too dark, lie came from the oppos.te Alfred Crebb, M.D., said: I carry on practice as
side of the fish shambles and went towards the steps. ' medical man in Pose. I was called to examine the
I called out "Do you come back, for God's sate, body of • female at the dead-house. A woman named
Theme is somebody ia the water. It is down the slip. , Psdley went with me, and identified the body. I
Not that way. Ills not down the steps, but down made • post-mortem elamiostion of the body. There
the slip." He went towards the steps and did cot ass a contusion on the upper right eyelid, with an
return. I lost sight of him, as ho went behind the effusion into the cellular tissue, and causing blackness.
stones. I could not see what the man had on. Ile was The same symptoms were observed on the left eyelid,
• short iceman. Ile went under the lamp. My cloak but more strongly. There was also considerable
struck two when I WWI calling the police ; that we. ! discolouring at the back of the right ear, and
when I SAW the man.—Cross-examined: Tile diatom i• 'considerable create-On in the middle of the
from the round-house to fish shambles was about seven I There was also a considerable breising of the muscles
or eight yards. It Was too dark to recognise the size at the beck of the shoulder. I know the slip ;no such
of the man or his clothes. It had been a storm of rain marks weld have been made by a person falling over-
and was cloudy. I board. I saw the body about 48 hoer' after death. I
Themes Doinnney said: lam • fishermen at the port believe that deceased died through drowning. Whether
of Poole. On Sunday, 21st June, P.C. Meidment came the blows at the back of the Car would have caused
to my sister's house, where I stopped. In consequence death I cannot gay.
of what he told we I went with him and searched for • By the Judge: 'hat we want toknow is whether you
body supposed to be drowned. We put off the boat believe that the cause of death was by drowning or not,
from the slip and went westward. It was about two or by other means ?
o'clock. It was about an hour before low water. There Witness: By drowning.
would be then about seven feet of water. I went there Jane Padlev said : She knew the deceased, and went
again with Oats, and went in another boat with him. with DeCrabb and identified the body at the dead-house.
Oats had &dragging tackle. We found& body of • woman This was the whole of the evidence on the part of the
just opposite the rouni-house. We found the body I prossention.
about ett minutes past three. After the body was in the I Mr. Here then proceeded to sum up. In doing to ho.
boat 1 saw the prisoner on the (easy. I was coming stated that in his opening address he hail inadvertently
ashore with the body. It was covered over. The boat ' comitted • mistake. He understood, before he saw the
was then between the round-house and the steps.. motel, that the clothes which one of the witnesses
Prisoners mother was with him. I heard him say to stated she saw on the post where put ther • as Wan am-
bit' mother "What the •re you making a noise I posed,by the prisoner previmely to putting'the demand
about. What's the girl to do with you." Prisoner's lin the water. That was en error, whieh in all fairness
mother was crying and clasping her hands. When I, to the prisoner he felt bound to acknowledge. He then
took the boat ashore the prattler came down to the went on to show that no one but the prisoner waa seen
boot, with his arms folded. I said "Is it your sister!" by the witnesses at the time when the deoeseed was on
He made no answer. I asked him &second time. He the quay. It was for the jury to say, and he was sure
then said "No, much the same.' Prisoner had not they would give the cise that attention which was
then seen the deceased. Ho then went to tbe boat, put necessary—first, whether the deceased mot • ith her
his hand down lathe boat, and uncovered her feet. I said death by her own ace or whether she was drowned ;
"If you want to see Is r its the other way." Ile made no and, if so, whether the prisoner was the man who open-
answer but went away. The body was not uncovered milted the deed.
while prisoner wee there. The prisoner had on a pair The Court then adjouroed for half-sahour, and on
of blue trousers, and • pair of ordinary sailor's canvass , the business being resumed,
trouble. I waited till the police came, and afterwards Mr. Collins, amid bre.thless silence, then proceeded
I heard a noise, and went towards the alipa ; saw the to address the jury for the defence. lie said he was
prisoner come up from the water with only his trouser' quits sure that the jury would agree with him that it
and shirt on, and water running from his trousers. My was one of the most solemn duties fie a body of men to
wife was pr sent when the prisoner 'poke to his mother. try that man (pointing to the priioner at the bar),
—Crossexaueued : From the limo I first searched till , standing in all the full vigour of youth, for the crime
the body was found • great many people came in the of murder, end, if found guilty by their verdict, consign
quay. The boat we used was called • skiff. We rowed him to a violent and ignominious heath, lie knew of
the body first off the steps, and then just opposite the , no duty that any counsel would feel more fully the
roundhouse, awful responsibility of fulfilling than the defending of a
Robert Oat. deposed: I on a fisherman at the port I person charged with such • crime, and, if his duty was
of Poole. On Sunday morning, 21st June, between two such, what must be theirs in whose hands Wan
and three, I was called by two policemen, and by their committed the issue of deciding whether the
wish I went with Thomas Domoney to march for • body. weenier were guilty or not of the crime. It was
We found the body rather by the iound-bonse on the his duty, as the coonnsel for the prisoner, to prove
slip side. It ea low water about sor 5) feet. At that there was great doubt that the 'ebonite was the
high tide water comes up about 10 or 12 feet. The body clause of the death of the deceased, and if be could
wee in a hole. At dead low water the tide dm s not bring before them any proof that such was the case
come up close to the slip. There was about 10 feet of they (the jury) would give the prisoner the benefit of it.
dry heath between the slip and the water were the body If they found him guilty, there was no alternative,
wae found. Very little of the beach would be expand he must die, and die an ignoaiinious death. Ile (the
about an hour earlier. When I put the body of the learned counsel) did consider that both Mr. Bore and
deceased in the bunt I covered it over. I left the body Mr. Ledgard, who conducted the prosecution, in bring.
In charge of Mr. Domoney, and when I came back about lug the rose before them, had almost anticipated the
half-au-hour after I saw primner. his said " What's grounds of the defence. They appeared to have some
up here," and I replied " I have just picked up • young idea that the defence would he that the woman found
woman here V I did not know who the young woman dead had committed suicide. The learned counsel then
was. The prisouer weal alongside the but, and then reviewed the evideoce seriatim. He first noticed that
came back to use, and said "It is Ann Hancock." I Maiilment, the policeman, who appeared to have been
was on the quay then. The pris eller had on • Guernsey first on the spot, saw no one on the quay, but after-
frock, and 1 believe • pair of dark trousers. Severed wards found the shawl and hat which belonged to the
people on the quay told me it was Ann Hancock. The denoted on • post, and that these articles ware dry.
body had not been taken on shore. I afterward. saw None had been called who could prove how they came
Limo get out of the water. I asked him " why, he did there, but the most probable conjecture was that before
jump overboard to frighten people in this way.' lie getting into the water the deceased, like many others
made no answer, he had Laud of, tale off her clothes. The counsel for
Thomas Gough deposed : I am • labourer, and have the prosecution bad very wisely withdrawn his firat
known the prisoner some years. I also knew the plea Liter he had sear the model. There was no doubt
deceased. On the 21st June last, about • few minutes that the deceased awl the prisoner were together on the
past one, I SAW the prisoner surd the deceased together night in gelation. They appeared to have been fund
it the end of Bell-lane. Bell-lane leads out of the of each other, and it was not all unreason- ,
Strand. The prisoner's friends live in Caroline-row. able that they should be walking together. The
Prisoner went into fish-street, and the deceased went whole of the 'arguments for the prosecution rested
In an opposite direction down 8011-lane. Ivamy came entirely upon • theory, and that theory was that the
back again to Bell-lane, and called "Nines." She said prisoner pushed the deceased over the quay into the
" Hallos." leanly said to me "Tom, that girl won't shingle, for it was admitted there was from seven to
leave me an tech.'. I sail, "Won't she," and I shook eight feet dry ground between the quay and the water
hands with him and wished him good night. Ann at low water mark, that he there knocked her about
Hancock was then in Bell-lane, She stopped till Ivaley and then forced her into deep water end drowned her.
got up, and than they walked together towards Caroline- Such a theory was highly improbable. Mr. Collins
row, which leads into the Strand.- - Cross-examined : I then proceeded to allow that in all probability the blows
wee not examined before either the magistrates or the by which the marks on the deceased's body were made
coroner. was done at the time of the muffle, and it was proved
Joseph Suety examined: I live at Poole. I knew the deceased bad used her influence in persuning the
the prisoner alenut a month before the 21.1 June. On prisoner to leave. No quarrel appeared to have taken
Saturday,the 200 ,June I was in the Ship public-house, place between them of maly serious mature. It was
and went away about 12 o'clock towards the Ham-stepet evident that about an hour-and-a-half before she had on
to the Mary Jane schooner. I stopped on board abuse the shawl, and one of the witness celled for the prose.
five minutes and then came back to tie quay. It came unison (the. Whittle) had stated that when she saw the
on to rani and I got under some waggons. Others were deceased she was leaning against the wall on the quay,
there. It was then very near one o'clock. About and had on the clothes; &IA that must have been within
three minute. after George 'minty mune up. I was a very short time before the clothes were found by the
then sittitg on some timber. deeply came out of the policeman. These circumstances, he contended, were
lane, clueing the quay. A female was with him. I very much more in favour of the plea he urged, namely.
did not Same her. Tbey came across the quay towards that the deceased, after having a few words with the
the water, aud paseel the place where I was sitting. The prisoner, ran away from him, and to neaps jamped off
prisoner stopped mid aai4 to the woman "Why didn't the quay into the water, and committed suicide. The
you go home when I told you." She made no answer, learned conned then reviewed the evidence of Sande,
He then said "I have been watching your manoeuvre' and and pointed out that it was alined imPeredhle in
I will bees on more of glean." ehe did not reply. He such a town as Poole, where many of the inhabitants
then said, " You 113,1 bettor to with the ' Moak.' you wore the same kind of dreg., to distinguish be-
have been with before." She did not reply but ran away , tween them at night. With regard to the conduct
towards the round-house. leanly walked after her lof the prisoner, lie contended that his expressions
and caught her. She was then almott against the I and actions only showed • deep sense of remorse
fish-sweets)... He caught her by the shambles. I , that the girl he had kept company with, and
did not see her do anything. I then walked towards I with whom he bad unfortunately had some words, had
the King's Arms in en opposite direction. tam sure it destroyed herself. Reviewing the whole circumstances
was Ivemy. He bad on black trousers, blue Guernsey, of the case and the evidence before them, he put it to
send • small sap. It was rather light after the rein, the jury
witether they could consistently and conscien-
The cap had buttons on it. As I walked away 1 heard Howdy find • verdict of wilful murder against the
Ivan., talking louder. He was talking rough. —Cross- I prisoner. If they haul any doubt of the prisoner's guilt
examined: The two people who came to We Were., they would give him the benefit of it, but he entreated
when they first came up. close to um, but they ',mew
em most seriously to consider the case before they
In. about a dietaries of 60 feet. It was about from 10 , eau., to any
conclusion.
to 15 minutes past one when they passed. I His Lordship then summed up, and in doing so
Elizabeth Way: I am wife of William Way, brick- I remarked that the jury were called upon to perform •
layer, of Poole. On Saturday evening, 20th June, I most solemn duty. The had to consider whether Ann
cwocuk cabr.rowe bi;.herddissoyath by her own act, or whether
saw Ann Hancock in the !Messed. I saw her about five
minutes loon., Prisoner was outeide his father's house, eel":
murdered, arid by the
at the•door. Ann Henpeck said to him, "Come with emetese The matt.: w er•ery murd importance for
me, George, there's a dear. Don't quarrel with your two reasons. It was important ing the interest of the
father and mother." She pulled him to come away public that if such • crime as murder had been oom-
from his lather's bouse, where there was • dispute going mitted that the guilty party should guff"'
thepunish.e hand
on. They were pulling together, and she got him into meat which the law and on the other
Bell-lane. I followed them. She was still trying to it was a solemn duty they had to perform, to the
persuade him to go with her. They got • few yards on prisoner to see that their own minds were Sully con-
wad leanly swung himself round to get relieved from winced of his guilt, sad if they did not conscientiously
Ann Hancock, and as she let go her bold she tore his and fully believe him to be so he must beuitt72
trousers. Ile had on dark blue trousers. He said, There was one remark made br the counsel the
"You—, you have broken my treaters and they cost defence, which he felt right to al tide to, and that way
me 365. The trousers were torn all through. It was that there was not la a criminal cue, such as that of
near half-past one. Ann lianeock had neither shawl, murder, say court of appeal. It was true there was u o
bonnet, or lost on. She had only • net on her head, legal wort in the strict acceptation of the terne butit
The dog was harking very much at the prisoner when I by any miaadvarkince or mischance it was
proaite.rewardths
ed
left, The dog follow any one of the family. P evidence Prisoner found out that the eviden given was not eo t. ore
had then on a cap. It was then raining hard. I ran any additional evidence tending to
fast, and when I dot home tee "dock was 20 micas' to innocence of the secured was afterwards
two. Our clock is ten minutes fast. I observed Ann given them, an appeal to her Majesty was
Hancock attentively. She had no marks upon her allowed. His lordship then proceeded to examine and
then. review the whole points of the case, pointing out and
Caroline Whittle, wife of James Wittle, said: I re- commenting on those who appeued in favour and
member Sunday, 21st Jane. I live in Oak-alley, and against the prisoner, and in an especial manner dwelt
the Hand and Heart public-bone is at the corner, I anon the clothes of the donned being found dry on the

DORSET SUMMER ASSIZES.

she had committed suicide. He ernelart. "
Tsar'. Uan 'video.° in favour of-he suppo6lion that
by mart -
lug that She cue was one of grow 1.13.000° against the
Prisoner, who was eviaently tle lest Per" "en 'n
erm opicy with the deceased ti
. nf Hie jury had to consider
whether there we. su " ffieient °snot
given to prove him
guilty of the crime.
I The jury retired for about' quarter or an hoar, and
ea their return into court return" a eattilet el "Not
guilty."

Till BROADWa ROAD CARE-
The Indictment preferred by Mr. Hopkins against
the inhabitants of Broaddrai was by referbbee•

NISI PRIV COURT, Tummy,
(Before Yr. Baron C11•1111111.L).
The cue of the jg.yor and Corporation r. Ensor and
Maofield was remitted. It will be remembered that on
Monday evidence woo produced to show that the
markets and fairs were hold by express charters or by
prescription, that they had been obstructed by the
homing of ey Mr. Buser on Mr. Machold's laud
fge. Apnea& now produced the Town Ste ward's books,
cheering the wtries of collections for the sheep fairs and
rents for the markets from 1799 to 1835, and aid there
were entries of a ...butler character in earli, r books.
h, lordship said it was unnecessary to go into ell
those figures. If there should be a motion for • now
trial, and anything turned upon the particular character
of the entries, he should direct that the defendants be
&Bowed to have copies of the entries.
Several entries were read, and it did not appear that
there was a fourth fair held till the year 1 8.2 1 .
Mr. Symonds produced the charter of the eighth
Jews 1., dated 26th Jane, 1610. We have no trawls.
. .

_
tine of this charter.
Mr. Cole ; Never mind. we have a gentleman hero
(Mr. Foulke) who can read it.
In reclatninction by Mr. Kingdon, Mr. Symonds
said the 14th February fair hal been held as far as his
memory went, which was more than 40 years. Tho
principal budness thore is the Idring of servants, and
sale of cow stook. The Corporation do not take toll for
Pews. There is • standing order for the Treasurer to
. .

pay the 1:20 • year due to the Crown.
Mr. Kingdon : It may be a matter of observation,
that as the Corporation did not take toll' on cows they
would not be bkely to let that fair to any one.
By Mr. Cole: A great number of horses are sold at
the 14tb February fair. The Corporation take tolls on

balance of £3,500, whisk plaintiff claimed to be due for
es rtain works done by him under • aontraat with the
defendants, for improving and a:Wading the pier called
the pile pier at Weymouth. Tbe facts lay in • very
small compass. Ile believed there was no barrister on
the Western circuit aide to construet so ingenious •
aeries of pleas as hail been recorded in this cease. end
that they were indebted for them to his learned friend,
whom they were always happy to see—Mr. Thesiger—
the worthy son of a most distinguished father, anal he
(Mr. Kingdon) was glad to SOO him there to support
them and conduct theme. on behalf of the Corporation.
In 1854 the Corporation of Weymouth were obliged to
apply to Parliament for an Act to enable them to
build • markeehouse, and it seemed to have occurred
to them that it would be desirable at the same time to
include in that act powers for improving and oat-siding
the pier then existine and their property. Accordingly
they applied for such additional powers, and
the act gave them power to construct. lengthen,
and improve the pier, and to raise £12,1100 by
mortgage of the phi- rains to carry out the work. The
bill was teased in 1854. In 1858 the Corporation
advertised for tenders, and amongst other contractors
who replied was Mr. James Pique, the plaintiff, and
his tender to execute the work for £11,700 was accepted.
tepee this • contract was drawn by the Town Clerk
containing the moat stringent clauses he had overseen for
the due performance of the contract against the con-
tractor. It bore date Oth June, 1858. Of course,
amompt other things there wore stipulations for payment
from time to time. The payments were to be made
monthly, on the engineer's certificate of the value of
the work actually completed. They were to retain 25
per cent, of the amount claimed of each certificate till
the completion of the works ass guarantee that plaintiff
would fulfill big contract. The plaintiff duly executed
the works in the specified time, and they were oertified
by Mr. Cubitt and by a special engineer as properly
performed in the terms of the contract. The ene-
I third of the price was to be paid in cash within two
months of the engineer's certificate of the completion
of the works. The Corporation did hand over the two-
thirds in pier bonds, which was no doubt • cheap and
cagy way for paying for such • work aa this. The one-
third in cash plaintiff could not get, and although nine
years had elapsed be had only got 2400, leaving still
doe £.1,500. He would call their attention shortly to
the pleas set up by the defendants. They first said they
never entered into • contract. The coati-riot he should
',rodeos. Next, they said they had mever committed
any breach of it. That, he understood them to mean,
they had paid the balance. The plaintiff would be
very happy if arch was thecase, but it would be proved
there was still the Iffi,ooo due, and that plea would be
disposed a. The thiro plea was • very singular one.
They said they bad not paid the cash because they had
been unable to raise the money by the imps of pier
bonds. No doubt they had the power to raise £12,000
by that means if they liked; but plaintiff only knew
they promised to pay him one-third of the contract
price in crash, and they had not done so. Ile should
submit to his lorlahip that plea tram utterly bad in law.
The fourth plea stated that the defendants, since the
completion of the contract, had not been able to raim
and had not raised by mortgage of pier rates sufficient
to pay the plaintiff'o balance, or any part of it. It
would be for his learned friend to show that
they had used ressereible diligence and bad taken such
steps no. prudent men would do to dispose of their pier
bonds. The next plea alleged that there was by the
Act a pier fund into which all monies arising from the
pier should be paid, but that there as no money
standing to the credit of the funds out cf which
defendant could be paid. He believed he should be
able to prove that plea was false in fact, because he
believed that the time this action was brought there
was £2OO to the credit of that fund. The fifth plea won
• most extraordinary one. Bear in mind that the
contract was entered into in 1838; it was drawn up by
the Town Clerk in • most elaborate form, and con-
tained • distinct and positive clause that the plaintiff
should be paid one-third in cash within two months of
the completion of the works. Well, this plea stated
that although the defendants entered into that contract,
and although they promised to pay that sum, it was all
• mistake—they never intended to enter into say such
contract—there ought to have been • condition imam ted
that plaintiff should not be paid the cash till it had
been raised by their disposing of pier bonds. Did the
jury ever hear of such a thing in this world, an contrary
to common honesty wad the ordinary commercial rules
of this 'reentry' Two partite in the most soleme
meaner entered into • contract, by which:the defendants
were to pay one-third of the amount in cash in a certain
tune; and after nine years, no objections being made
In that long period, they say it is all • mistake. But
there must be two parties to such • bargain, and if his
learned friend said the sealed contract was a mistake on
the part of the defendants, he must also prove it was •
mistake on the part of the plaintiff. lithe Corporation
bed expressly stated they intended the contractor to
wait that indefinite time, he ventured to say they
would never have got any contractor to undertake the
works. The sixth plea alleged that the plaintiff was
only the nominal contractor, gni that the real contractor
was Mr. P. Dodson, who being • member of the
Corporation could not undertake these works in his own
name. Dodson died mud Mr. Herbert Williams was his
administrator: the plea alleged that Mr. Williams in
that capacity ooncurrel in the agreement to wait an
indefinite time for the cash payment.
Mr. Theliger withdrew ties plea, and said the fifth
would be the principal one for the jury.
Mr. Kingdon said he had already spoken on the fifth
plea. The plaintiff replied to that plea, saying there
we, no mistake in the contract, and as you have
pael me sums of money from time to time of
the cash, amounting to £4OO, you virtually have
ad nitted there lOU DO mistake at all in the con-
tract. To this the defendant/ rejoin, the money
we have no paid has been derived from the pier in
accordance with our view of the case. This plea, he
observed, would be themost important they would have
to try, and he held that the contract as it stood was
binding on both parties. He dwelt on the importance ,
of contracts entered into with that solemn manner being '
upheld. Ile eon/Wend that defence to the action most
unworthy • Corporation, and especially that of Wey-
mouth, pawned of large property, and able to satisfy
the claim at any moment they chose. It was • miserable'
subterfuge to avoid payment, and unless they believed
the plaintiff, that payonet would be postponed in-
definitely.
Mr. F. C. Steep'', Town Clerk of Weymouth, pro-
duced the contract.
Mr. H. Gough, for.nerly clerk to Mr. fiteggall, proved
that the seal attache' to the contract was the seal of the
Weymouth Corporation.
The Clerk read that part of the contract refering to
payment of the 1:11,700—two-thirds in pile pier bonds
and one-third in cash two month, after the completion
of the works.
Mr. G. Andrews, solicitor and treasurer of the borough
of Weymouth, produced the pile pier account bores, and
said it showed • balance doe on the contract account of
£3.500. On the 10th January, 1868, there was about
kilt) standing to the credit of the pile pier f und.—Cross-
examined : Have bete treasurer since the early part of
1862. During that time 5 per cent. per annum interest
has been regularly paid half-yearly to Mr. Herbert
Williams on the unpaid balance and bonds. This has
been paid out of the monks to the credit of the pile
pier fund.
Mr. Theaiger : It is admitted there have been two
payments-1:300 on the 7th October, 1861, and £lOO
Jan 2, 1867.
Witness: The books show those amounts were paid
out of fends to the credit of the pile pier account.
Have regularly paid interest and small sums from day
to day from such monies. Ills necessary I should keep
a small balance in hand for the purpose of keeping the
pier going, and paying current expenses.
IM-examined In 18654 the pile pier was let, at
£O7 ins. • mouth. Should think the current expenses
did not amount to £lOO a year. Had to pay interest
on the bonds, salaries—l:lo to treasurer and £lO to
harbour master. Shoald not think the repairs and
salaries would amount to more than £lOO • year. He
found that kii.s a year was paid for current expenses,
£2O for salaries, £58.5 for interest on the bones of the
contractor, and £lO5 for interest of other bonds ,•
total, £745. Believe there was • payment out of
the fund for dredging_ the has-hour. Have received
much less from the collector of tolls siwe March last
than formerly.
By Mr. Kiegdon : Am the general treasurer of the
Corporation, who have considerable property in the
borough.
By Mr. Theaieer : The Corporation generally manage
to spend all their inoome—(laughter).
By the Judge : Should say the pier had been a most
unfortunate speculation.
Mr. Thesiger said he should contend first, that the
contract was a contract for paying in *ash, to be raised
by mortgage of tbe pier-rates, according to the Act of
1854; and that plaintiff was therefore bound to make
out that there was cash as raised out of which this claim
weld have been satisfied but, he said, solar from that
being the ease, it was actually proved on the part of the
plaintiff that there had been no such cash which could
have been applied to paying plaintiff. Sewed, assuming
the contract does note/wan that, thee that at all event.,
as the contract is made under • public act, it must be
taken as • *extract to pay in cash only out of
funds placed to the credit of the pier amount. But the
plaintiff had not only not proved that there were any
such sums to the credit of the pile pier fond, but had
actually disproved there were any such sums. Third,
that if tile contract Is to be taken as an absolute
contract in cash, whether or not there are
funds to the credit of the pile pier fund, that such •
contract would be nitro vices under the Municipal
Corporations' Act and the Weymouth Market and Pier
Ace 1854.
The Judge said he would glee Mt. Thesiger leave to
move on those points.
Mr. Thesiger then addressed the Ore. He regretted
the absence of his leader, Mr. Coleridge, Q.C., and
expressed his sense of the kindness with which he had
been received in this circuit, and especially for the corn-
plimentary remarks of his learned friend Mr. Kingdon—
he only wished Mr. Kingdon had been as complimentary
to his clients, the Corporation of Weymouth. From
his learned friend's opening nobody would conceive that
there was anybody to be brought forward in the case as
plaintiff but Mr. Payne, and it was only when he
was addressing himself to • particular plea', the gist of
which was to arrive at the relationship between Mr.
Payne, Mr. Dodson, and Mr. Williams, that they heard
there had been much • person In existence as Mr. Dodson.
It was only elicited, too, by crossoxamiestion, that for
the last eight or nine years, interest at 5 per cent had
been regularly paid on the behests due. They
were simply led to think that the Corporation
made a solemn contract to pay in cash, and then
without the least pretence or justification they
allowed the poor men to go without £3,500 for nine
years. If there was any wrong doing at all in the transac-
tion—and he was not going to impute it to webode,for
he believed that Mr. Williams, who was real Plaintiff
In this tuition, was perfectly, justified if he could, in
recovering the £2,500 ; but, if there was any wrong-
doing at all, it was on the part of those, who, 'knowing
per featly well what were the intentions of the parties to
this contract, end having acted—he centered to say
when they came to see the facts and the documents—for
several years on the faith of that knowledge, now
endeavoured to set aside the intentions of the parties
and see upon • contract, which, if it meant what Mr.
Kingdon said it did, was decidedly contrary to the
Intentions of the real parties who entered into it. It
was evident Mr. Kingdon was instructed carefully to
avoid ceiling into the witness-box Mr. Payne, who
would have been able to throw a little light
on the terms of the contract, and would have let in
the defence to be set up. But, whatever may be the
final result, which will turn rather on matters of law,
you, gentlemen, have only to decide On mitten o tack

horses.
By Mr. Kingdott : The toll on horses is Gd. each.
Mr. John Gala% said : I was mayor of Dorchester in
1861, and no, still • member of the Town Council. In
11461 16r. Ensor held his sales in the Corporation ground.
There were cattle market. every tisturd.y, in the some
field, and alterust,ly Mr. Ensor sold cattle there. A
eomplaint was made by the graziers. I did not corn- ,
musicale that to Mr. Enter. I went to the ground
on a certain day, and fount that a great quantity of
stock was not allowed to enter the fair ground. The
gatos were not locked. I gave orders that the central
gates should be opened. and the stock admitted; and I
gave orders that the market ground should be kept
open every Saturday to all persons and stock. Ilebeye.l
they hail been kept open ever since ; could speak
positively to their being open during the two years of
his mayoralty. Was 55 years of age. As long an I
could recollect there bad been four hire held yearly in
the borough.—Crors-examined : Could recollect for 40
years there had b^en fairs on 14th February rend
Trinity Monday.—Q. Was there any cattle market held
fortnightly before Mr. Ensor sold there? • A. Can't
swear; but great markets were held fortnightly and
other markets every week. Bills for bolding the fairs
were distributed by Mr. Pouncy, as lessee of the tolls, I
I think, and not ea sergraoroat-mace. During my
mayoralty I ref used to or der their printing. Did not know
that the Town Council paid for the printing. Recollected
the issuing of the bills. On the days mentioned in the
bills were held what were called the great markets.
To my recollection such bills were never brought before
the Town Council. There were other sheep and cattle
sent to the field when Ensor sold.—Q. Was there any
toll taken from any one besides Ensor on the days he
sold ?—A. I don't know; the lessee can tell you.
His lordship said Portnoy distinctly said he did not
take tolls from any one on the days Ensor sold except
F.esor.
Mr. Halpin continued : During my mayoralty Mr.
Duke and other dealers, whew I do not know, com-
plained that they could not sell stock on the same days
as Bogor, and I ordered it should be open for all. I
occupy a piece of ground in front of my house, and
years before I belonged to the Corporation I agreed to
pay a certain rent for it. I exhibit and sell tellable
articles there, but don't pay toll on them. Butchers.,
p iulterers,dealers, and others, pay 'tillage in the market.
If I plate an implement off the ground I rent. I pay •
toll, and have done lately. Don't pay the toll if I sell
in my own shop.
Be-examined : Mr. Ensor sold every alternative
Saturday in the fair field till 1862. but there was •
market of some sort held every Saturday.
Mr. W. Slade said he was a r, tired builder, 67 years
,of age, and a member of the t'orporation. As long as
he could recollect four fairs had been held, vit., 14th
February, Trinity Monday, 6th July, and 6th August,
Some years ago Trinity Monday fair was altered
to 26th October. Can recollect the four fairs for 60
years.
Cross-examined: Can say certainly there was
the 14th February fair held before 18211—A. It was
Valentine's day- - • noted day.—Q. Did you begin to
bare Valentines then when areas years old ?—A. Very
likely— (laughter). I can recollect years before 1808.
Tin-re eertainly were fairs on the 14th February in 1806,
1807, and 1808.
1 Mr. Anderson, clerk to Mr. Barnett, solicitor, said
he recollected serving • notice on the collector. Mr.
Hooper, on the 19th Nov. 11467 (notice produced). It
appeared to be in Ur. blianlield's handwriting.—Croes-
examined : Mr. Envies gale ground adjoins the road.
Mr. )tanfield retains a portion of that land, and can only
get entrance to it through the piece leased to Mr.
' Eimer.
' The Clerk read the notioe given to Mr. Ifooper by
; Mr. Manfield, warning him against trespassing on land
i• jointly held by himself and Mr. Ensor.
. This was the case for the plaintiffs.
The Judge diracted Mr. Kingdon's attention to the
point, how he was going to fix both the defendants with
joint obstruction of the fairs and markets, and to
Indicate to hien the evidence on which lie relied to
do it.
Mr. Bingdon replied that he thought there were two
pieces of evidennes effecting Mr. Manfield. The
evidence of P.C. Keech who, soul that when he went
to the repository field to count the sheep Mr. M unfold
ordered -him off, saying it was his private field, and
If he did not leave he would order the men to turn him
out. This the learned counsel thought sufficient
evidence to show the joint occupation by Mr.llanfieleL
Secondly, the notice served on Mr. Hooper, the collector
for the Corporation.
The Judge remarked that notice did not specify any
particular field.
Mr. Kingilon : But the sale field is the only one in
which Knwir is proved to have • joint interest with
Manfield. He submitted there was prism facie evidence
of joint obstruction.
Mr. Colo urgi d that there was no evidence whatever
of joint obstruction of the markets.
The Judge said he would give Mr. Cole leave to move
the Court of Exchequer to enter a verdict for both the
defendants, on the ground that there was no evidence
against both, or if there is evidence to fix one and not
the other, to enter a verdict against one defendant. He
should have full leave to move on all the points.
Mr. Cole: We say that a sale in • private field is
similar to • sale in a shop.
The Judge : All these points will be open to you.
Mr. Cole said be wanted to show that the fairs first
commenced in 1806, and that there was no trace of the
markets being held except on alternate Saturdays.
The Judge said he thought he could not leave Mr.
Cole in • more favourable position. Ile could
address the jury on any points he liked ;
but it was his lordship's opinion that the
Corporation had shown • right to hold the markets
and fairs and that it was a disturbance of them to hold
markets or sales in the same town, although not on the
regular market,lays. But It was only hia opinion, and
he would Rive Mr. Cole leave to move on all the points.
Mr. Cole said that being the case the action would
resolve itself into several points of law, and he would
not trouble the jury with the CYO for the defendants.
It was thee agreed for • verdict to be entered for the
plaintiffs in the nominal damagee of 40a, with leave to
the defendants to move to enter • verdict or • nonsait
All certificates. No costs allowed.
ACTION AGAINAT THI WIT NOOTH CORPORATION.

Payne r. The Mayor and Corporation of Weymouth
and Meleombe Regis. This was • special jury ease.
The action was to recover a aum of £3,500 due to the I
contractor for the extension of the pile pier.—Mr.
Marlon, Q.C., and Mr. Lopes were for the plaintiff,'
and the Hon. Mr. Thesiger (of the Home Circuit) with
Mr. G. Howard, were for the defendants.
Mr. Lopez opened the pleadings, which net forth that
an agreement under seal of 9th June, 1858. between
plaintiff of the Brat part, George Ludham Fuller and
John Eimer, sureties, of the mama part, and defendant
of the third part, recited amongst other thing., that
plaintiff had offend to construct a pier according to
certain plans and specifications for £11,700, and
witneming that payment on amount of the works should
be made monthly on the engineer's certificate of the
value of the work executed, that is to say, two-thirds
of the slime certified should be paid by defendants by
mortgage of the pier rates, and the remaining one-
third in cash, 2.3 per neat, being retained in
hand without interest as • guarantee for the com-
pletion of the work. It was averred that the
conditions had been complied with necessary to entitle
plaintiff to payment of the one-third in cash, yet it
had not been paid. The pleas recorded by the
defendanta were—l, that they did not covenant;
2, • denial of the breach; 3, that the one-third sash
payment was to be paid in coda raised by mortgagee of
the pier rates, and that the defendants have been unable
to raise zufficientto pay the balance orany part thereof;
4, that the one-third cash payment was to be paid out
of monies paid to the credit of the pier account, and
that no money has been paid to the credit of suah
account out of which aefendant could satiety plaintiff's
shim or any part thereof ; 5, an equitable plea that the
agreement was nucleon the faith that a certain condition
would be inserted, viz., that plaintiff was not to be
entitled to demand payment of that portion to be paid
in cash until defendant had raised by mortgages
sufficient to pay the same ; that such condition was
omitted by mistake, contrary to the intention of plaintiff,
and defendants haze not been able to raise sufficient;
6, also an equitable plea— the agreement was made by
and with plaintiff as nominee of Philip Dodson, and
as his trustee, that after the breach Philip Dodson died
intestate, and Herbert Williams became administrator,
that plaintiff sues as trustees of Herbert Williams, and
that defendants and Herbert Williams agreed that
payment of cash balance should be made out of monies
raised by mortgage of the pier rates, that Herbert
Williams accepted the agreement in satisfaction of
claim. Defendants have made reasonable endeavours to
raise the money, but have been unable to do so. 7,
never indebted; and 8, payment. There was • re-
plication that there was • waiver of the condition in
the fifth plea by defendant' having made payment on
moonlit. To this there was a rejoinder that payments
were to be made from money mimed by mortgage, and
in the faith that plaintiff would not demand payment of
the balance until the money was raised by mortgage,
and that there was no waiver or abandonment.
Mr Kingston opened the ease. The plaintiff la a
, contractor and engineer carrying on an extensive
, business In Rotherhithe, near London, and the de-
, fondants are lb. Corporation of Weymouth and
, Melo:nub, Regis. The action was brought to room: •

He should contend that the Corporation had only done
what they were bound to do as trustees, under &special
Let of Parliament. The; would have been doing
sontrary to their duty if they had paid this debt out of
monies from foods not applicable to it. The Corpora-
tion were quite ready to pay the money when they could
and in the way they were allowed. Set they considered
they were only entitled to construct the pier under the
provisions of the Act provided in 1854. end out of funds
to he placed to the credit of the pier fund. They also
aonsidered that when they entered into the contract
they wire only hound to pay out of funds to the credit
of the pile pier fund. Ile should ask them to say by
their verdict they believed such to be the intention of
the parties to the contract. Ile pointed out that this
was a legal defence to set up. under the new equity
mike. Prior to the framing of the Municipal
Corporations' Act, corporations were in very
I much the same position as ordinary owners of
Pr!r!te property, but that Act deffned the perocom
to which their revenues should be applied. Without a
special sot they could not construct this pier. So they
obtained an act to construct a markethouse and pier.
He beli.ved they would never have beard of Mr.
Williams' trying to get this £3,501n but for judgment
being given against the corporation in an action respect.
inc the market house,but he pointed out that there was
• difference between the two cases. As to the market
-
house, there wins clause that any surplus revenues were
to go to the borough funds, and therefore it might be
said that as the borough funds wet° to have
Rely surplus so they should make up any
deficit, but as to the pier the whole of the revenues
were to be applied to special purposes. Mr. Kingilon
had not told them th-st the matter I,y between the
!Corporation and a member of the Corporation (Mr.
Dalson), who was the chief mover in the transaction.
In May, 1858, Mr. Dodson, being mayor of the borough,
advocated the construction of this pier, and as be could
not legally, as • member of the Corporation, enter into a
contract for constructing it, he found Mr: Payne AA his
nominee. Mr. Kingilon admitted this to he the fut.
He should now call their attention to the minutes of
the Corporation concerning the contract, which were
signed by Mr. Dodson, the actual conciliator.
Mr. Kingdon: I must object to any resolution of the
corporation being allowed to affect a contract, or Mr.
Dodson as • private individual.
The Judge: Very well; go on Mr. Thesiger.
Mr. Thesiger : At • meeting of the Corporation on
the 6th of May, 1858, at which Mr. Dodson was present,
it was resolved "that the plan proposed by the Mayor
(Mr. Dodson) for erecting a pile pier, at the sum of
I:11.700, of which £7,8110 is to be paid to the con-
tractor in the pier mortgage bxndr, and the sum of
L 3,900 tobe paid by the council io cash, to be raised by
mortgage bonds, the same be acceded to". At the
next meeting Mr. Payne, the nominee of Mr. Dodsou.
accepted the contract in the terms of that resolution.
The recital to the contract also states, that the pier is
ta be ormstruoted front fends to be raised by mortgage
of the pier rates ; and that, coupled with the resolution
clearly showed that it was the intention of the Council
and of Mr. Dodson the Mayor and the Letent contractor,
that the cash should be paid out of money raised by
mortgage of the pier rates. Ile should show that there
was not money to the credit of the pile pier fund account
to pay off the balance, and he asked them to say by
their verdict that a mistake was made in the drawing of
the contract, and that the £3,500 was only to be paid
oat of the pier fund accouut.
Mr. Steggall, Town Clerk, said he recollected the
construction of the old pile pier. Mr. I'. Dodson was
the contractor. Did not know the year. It WAS paid
for out of the harbour fond, under • special Act. In
111114 Mr. Dodson was mayor of the borough, and the
6th of May in that year Mr. Dodson was present at a
meeting
Mr. Kingdon objected to what took place at the
meeting—
Jtio Judge said in dealing with an equitable plea
that the contract wanted to be reformed ; he could not
exclude evidence leading up to the contract.
Witness : Mr. Dodson (who the plaintiff's counsel
admitted was the actual contractor for the purposes of
the plea in question) made a proposal at the meet-
ing on the 6th of May. and the resolution signed by Mr.
Dodson shows the nature of the proposal. The entry was
that the plan proposed by the Mayor for erecting a pile
pier at the sum of £11,700, of which £7,800 is to be paid
to the contractor by pile pier mortgage bonds, and the
remaining sum of £3.900 to be paid by the Council in
cash to be raised by mortgage bonde, be acceded to. At
the next meeting. on the 12th, there was an entry that
Mr. .1. Payne, having offered to mistreat the pier
according to Mr. Alderman Eliot's resolution, his offer
be accepted. In accordance with instructions he made
• draft contract, which was produced at a meeting
17th May, and approved.—Q. Was anything said in
Mr. lhelson's presence as to the funds which would be
liable under the contract!
Mr. Kingdon objected.
The edge said their business was to ascertain whether
the contract carrivd out the intentions of the parties,
and be could not understand if this was not evidence.
He would take a note of the objection.
, Witness: At one of the three meetings before the
' contract was approved of, be was asked, in the presence
of Mr. Dodson, by different members of the Corporation,
whether any other portion of the corporate property
than the pile pier would be liable under that contract ?
and he said no other property but the pile pier fund.
Mr. Dodson died in July, 1860. Honda were handed
over in 1859, and the interest bad been paid. Had
made attempts to Issue the bonds in 1858, 1881,
and in the present year. The construction of the
Portland railway had diminished the profits of the pier,
and prevented the issuing of the bonds. Cross.
esammed : The market contractor claimed about £3,001)
and did not recover a shilling. He got • judgment
against the corporation for £2ooand £3OO. The litiga.
tion went on for six years. There is considerable pro-
perty belonging to the Corporation, principally let out
on ground rents. Have no funds to pey this claim. By
" cash" In the draft meant to be raised by mortgage
on the pier rat", that having been mentioned in the
recital, and being well understood by every member of
the council. When the contract was made he bad
every reason to believe that ample funds would be forth.
coming from the mortgage of the pier rates to pay the
one-third in cash.- He-examined : The revenues of the
Corporation property are expended for improving the
borough, and there is a large deficit.
Mr. Kingdon summed up the case for the plaintiff.
He said there were two points on which the opinion
of the jury would be taken. First, on the third plea
that defendants had been unable to raise by mortgage
of the pier bonds a sum sufficient to .pay this claim, or
any part of it : and he contended that it required
them to show they had taken ever), step as
reasonable men to dispose of the bonds; and at
any rate, when this action was brought there was
L'2oo which might have been applied to paying off
the balance. Second. that there was • mistake in the
contract. As to this he dwelt on the formalities attend-
ing the drawing of the contract, and urged the im-
portance of a contract so made being upheld. He
thought he had never known a case which more justified
Lord Coke's expression, that Corporations had no
conscience
The Judge: No "soul."
His lordship did not give the full quotation—
No ,oul to be saved,
Ito to be kicked."

Mr. Thesirr called attention to the fact that interest
had been regularly paid to Mr. Willianui.
Mr. Kingdon : The figures I showed to your lord-
ship—
The Judge: Your have not shown me any; you had
for a long time a confidential eommunication with
the Town Clerk, and I did not liter a word.
Mr. Kingdon : I humbly beg your lordship's pardon.
The figures I endeavoured to show your lordship
The Judge You did not endeavour to show me them.
Mr. Kingdon : The figures my learned friend pro•
duoed would show—
The Judge: What I am quite ready to believe, that
£165 is lees than l'2oo—(laughter).
The learned judge then summed no the ease to the
jury, and after a few minutes' consideration, the jury
found a verdict for the plaintiff, they being of opinion
that the written contract was a good one. Subjeet,there.
fore, to the pointi of law to be argued in the Court of
Exchequer, the Corporation will have to pay Mr.
Herbert Williams £3,100.
This concluded the arises.