The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1861-04-30 00:00:00

COUNTY PETTY BEEISIONS.

TOWMULL. Friday, April 27. Before Captain Nth.
ning, (chairman), B. IP. Eliot, and J. Mead, &qrs.
Wthrux DAM AGE. —William' Bert, fisherman, was
charged with wilfully and maliciously damaging • Ash-
Mg net, the property of John Bartlett, on the 15th
ApriL—He. Bill appeared to prosecute, and Mr.
Howard for the defence.—An offer was first made by
Mr. Hill to settle the case on defendant's paying the
costs, but this Mr. Howard would not agree to, as be
conceived that the complainant was himseU in fault,
and that the position of somplainant and defendant
ought to be reversed.—John Bartlett said he had been •
Wyke blierman "ever since the day I been barn." On
the 15th April he and several others were fishing off
Portland Beach, and after complainant's net was half
cast out, defendant cast out his net inside the sweep of
complainuat's net, and the consequence was the tide
drove his (complainant's) net along, and the two fouled.
Defendant then cut witness's rope, and Ave or six
" wringed up to byet him." Then was danger of the
net being driven to sea, which might have been of con.
siderabk damage had it not been " byatted." Defen-
dant and his crew were all drank, but complainant
"had never seed • drop o'beer that day," although, be
said he liked it very well. The net was quit* long
enough, but two ropes were "headed" together. Did
not call • "bend" • knot. If this bead crossed another
net it would tear it, but defendant's net had no business
there, as complainant's net was find oast. Did not
think much of the damage in this instance, but be
wished defendant to keep from doing a wrongful act
spills. Defendant's net might have been broken, but as he
cast Irak It would have little signified in • legal point of
view, as defendant east afterwards within the sweep Si
complainant's net.—John Martin said, on the day in
question he was in complainant's boat, heaving the net
overboard. Bartlett was standing on shore. After
complainant's boat was out and nearly all the net had
been cost, be saw the defendant's boat come of. Ths
endsl the nets' rope in the boat is called the ship-rid,
and the other end the "London" (land end.) The
ship end Si complainant's net was driven by the tide
against the defendant's net at the land end, because the
defendant made a foul throw.—Williani Carter, an old
fisherman of more than 50 years' standing, said that no
the day in question he was in a boat next to that belong-
ing to John Bartlett. Bartlett's net WWI needy all
played out when defendant came up and threw out
nearly close to Bartlett's boat—too close for eomplain•
ant's boat to come in without fouling. Knew the rules'
of the Wyk., fishermen, but had no partiality for the
complainant any more than for the defendant. He had,
when be was a boy, carried "that gentleman in the
middle there (Captain Henning) many a doom of fat
mackerel." If the nets fouled he should cut the bite off
the fouling net, to prevent the other nets breaking as
defendant had done—Thomas Davis said that Bartlett
made • proper ".1,01," but Bert's was an "unfair
ihot," as be shot his net too close to Bartlett's net.
There was plenty of. room for all if they all shot their
wt. property. Witness would never allow anyone to
foul his net, and if • party outside would not slacken
the rope of his net, he would rat it. There were on
the Portland Beach what are called rodent Lances.and these
prevented all shots being made at equallf
defendant bad made a fair shot, he would have been
justified ill cutting complainant's rope, but as he did
not make a for shot, he was not justified in making
doesplainald's rope. He ought to have cut his own.ropt
...4,4wied Williams said be was • fisherman, and was in
his own boat two or three hundred yards from Bartlett's
boo, He ow the occurrence in dispute. The defend-
was east under the complainant's net, and
therefore be made a foul ebot.—Acoording to the rules
of Limit &smithies was not prided in eatt=n-
nlainantrq rope.—Mr. Howard, harm
the Bench at swat length for the dram, led Thomas
FrlmPtest, w. 16 said he belonged to Hr. Gaines mew
who worsts Bart's boat. Br was in the stern of the
pm were oe the seethero side, and according
to the MOB 01 NMI beach, theirs wow the had shot.
"mg shield have hauled bask hat bselesd
of that, " and erossessatb
Ve net, Tb• knot in assplaissatre
eft is several ples2airemil eh.
Imes tee eau le
VU ad ilea and Sari
Ind allemande " Make