The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1859-08-02 00:00:00

TUESDAY.
NISI PRIV!. COURT.
(Before Mr. Justice CROMPTON, and a Conant**
Jury.)

_
There was only one 0114160 to try—Bradford v. Whit-
tic. Sergeant King Lake, Mr Coleridge, and Mr. Hooper
were for the plaintiff ; and Mr. Collier, Q.C. and Mr.
Cole for the defendants. Attornies for the plaintiff,
Mews Newman and Lyon, for the defendants, Mr. J. Y.
Melmoth.

This was an action brought by Job Bradford against
Abel Whittle, Abel William Whittle, and William Abel
Whittle, for goods sold and delivered. The defendants
pleaded :—never indebted ; that the account was satis-
fied; and that the goods were delivered to them by one
John Randall, and that the defendants were not aware
but that he was the sole owner of the goods, and that he
was indebted to them in about the same amount, which
they were willing to set off. The plaintiff was a coal
and general merchant, carrying on business at Thorney,
in the oounty of Somerset. The defendants were brew-
ers and maltaters at Sherbortie, in this county, and the
action was brought to recover wine £95 odd fur certain
coals supplied by the plaintiff to the defendants. About
two years ago—in 1857—0 n the opening of the Wilts and
Somerset Railway, the plaintiff established some coal
stores or depots, and among other places selected by him
was a place called Yetminster, and it was with reference
to certain coals delivered from the depot at that place to
the defendants that the action arose.
When the case had been fully gone into, by agree-
ment between the parties, it was settled that
there should be • nominal verdict for the plaintiff, with
leave to move the court above on these terms :—" The
court to say how the verdict should be entered; to be at
liberty to draw inferences and act as a jury; power to
make an amendment in the pleadings in the form of
action, with an amount to be taken at MI Ss. id. Ver-
dict for the plaintiff, with leave to move." The Judge
said this was a cheap mode of getting a special case, and
addressing the jury said, this case was pretty full of
points of law, which must be raised in some ray or
other. The parties agreed to let the whole case go to
the court above. At present they would find their
verdict for the plaintiff, subject to the decision of a court
of law.

His LoreLhip then proceeded with the trial of pri.

soners.
Mary Jeatins, 29, was indicted for obtainining ss. 6d.
by false pretences from Fanny Pipe, at West Stafford,
on June 28.
Mr. Coeens prosecuted.
Prisoner went to prosecutrix's house and asked for
something on a gold ring, and prosecutrix said she ad-
vanced the money because she thought the ring was
valuable, though not gold.
The prisoner hereupon was aequitted, his Lordship
observing that the indictment set forth the false pretence
to be that the money was obtained on • ring said to be
gold.
Mary Ryder, 26, and Jawe Beer, 19, were indicted
for breaking and entering the dwelling.house of Win.
Flecks, gen tleman, and stealing therefrom variousarticles.
Mr. Voodforde Ffm,ks prosecuted, and briefly
opened the ease. The learned Counsel said he had no
evidence to connect the prisoners with the breaking
into the house, and the attention of the jury would
therefore be confined to the charge of receiving. Both
prisoners were found guilty of receiving, and sentenced
—ltyda to eight months', and Beer to four numtbs.
bard labour.

WEDNESDAY.
(Before Mr. /adios Eacogrrox.)

T.So,aat B.:otiey(2j) %eat indielod for stealinz a sheep
and a lamb, the property of Leeorge Lociyur, ilurton,
on the I.ith ..1 July.
Mr C,uke proeeclit,l awl Mr. W. Fiool.i 4lrt

The part 'mimes of the col liotee rscently appe..red in
our column,. jury a short eonsaler.tion gave
a verdict id Guilty, and two previous convictions for
felony having bein proved against 1,52,
when he was sent, need to 4 months' bled labour ; ano-
ther in 1854, for stealing potatoes, then being sentenced
to four pars' penal servitude, his lawdship pni.l the eel-
dense against the prisoner stas the clearest he had ever
hoard. It was a very s,riulis Citlili. and he (tlio Judge)
reinemben.sl the thae when pri,onr would most
undoubtedly have been hanged. lie was glad, how.
ever, that liortiun of the law had fallen into disuse.
The mite.nce a the court was that the prisoner should
undergo sit years' penal rentinnie.
Gc,rge iforowil (42), labourer, and Churl°, te Huwi-
afl
(39), were indicted for burglariously entering the
house of John Ilanisfurd. at Chilcumbe, on the 11th of
Mardi, and stealing six silver spoons.
Mr. W. Rooks prosecuted.
Prosecutor atatml that on the 14th March he saw the
house quite secure before going to bed. The next
morning he observed the bureau and all the drawers
open, and everything in confusion. One of the back
doors was open. The glass of the kitchen window had
been taken out, and an entrance effected by this means,
the cross-bar of the window having been wrenched out.
Missed six silver tea spoons, which he used to keep in a
glass rummer in the bureau. There were bollle peculiar
footmarks outside the window. In reply to the male
prisoner, witness said he couldn't hear anyone about
the house during the night, because the wind blew
" teriumlious." . _

P.C. Clarke went to prosecutor's house on the 15th of
March and otaterved footprints with a mark in the shape
of a diamond, made by small hobnails. They were in a
garden adjoining the prosecutor's house, and leadizift in
that direction frown a tool-house in the garden. Lim
marks were on Ilainsford's premises. Compared the
tracks with a pair of boots shown hint by Superinten-
dent Everitt. At the ton., the hoot, apmared to have
had elle or two nails knozked out, but they corresponded
exctly, with this exception.
Robert Everitt, Superintendent of Dorset Police at
the time, deposed dist in consequence of some informa-
tion lie went to Mr. Nathan's shop at Weymouth. Mr.
Nathan gave hint I.llle *CO; of silver blll,ollS. While
in Nathan's shop the female prisoner came in, and Mr.
Nathan having pointed her out as the person who sold
him the spoons, he (witness) asked her how she ac-
counted for them, and i.he said her huslitand dug thent
up in the allutiuent ground at Wyke 'Regis, about
three weeks since. Ile went with her to her house at
Wyke, and while there the male prisoner came in.
Witness asked to WA., his boot, aid the misoner held up
his foot, and (ruin what he lisd heard of the marks in
prosecutor's garden, witness took possession of the bouts
and also apprehended prisoner on suspicion. Was pre-
sent with Clarke when he compared the boots with the
marks in and near the prosecutor's premises, and found
them to correspond with the exceptions mentioned by
thetas:, witness. llounsell said the female prisoner was
his sister.

Joseph Walter Nathan, dealer in old silver, stated on
the 21st of March the female prisoner moue to his shop
and asked him to buy some broken pieces of spottily.
lie said it ',Kilted very suspicious, and asked where she
got them. the said her husband dug them up in some
ground at Wyke. Said if it was all right he would not tnind
purchasing the old silver. Wrapped up the pieces and
kept them separate, and afterwards gave them to Super-
intendent Everitt. Was certain the pieces produced
were the same. . .

Mary Lockett, servant at prosecutor's, was called to
identify the spoons. She had frequently observed them
while at prosecutor's; they were marked ".1. S." and
"H." over them. Was certain the pieces produced were
the same. In reply to the male prisoner, the witness
said she had been imprisoned for sin months on account
of taking money about three years since.
Prosecutor was recalled and asserksl that the spoons
were his own; had them in his possession for fifty-one
years.
The Judge having commented on the evidence ad-
duced, the jury, with very little hesitation, acquitted
both. prisoners.
. _ . . .

His Lordship then cautioned them u to their future
conduct and dismissed them, at the same time discharg-
ing the jury with thanks for their services. This con.
eluded the business of the Assize.

Swithins Fair on Tuesday was
not so well attended by dealers and agriculturists as
on former occasions; business was slack throughout
the day. Beef brought from 10s. 6d. to I Is. per
score; barren heifers £.7 to £8 10s. each; cows
and calves £lO to £l2; yearling heifers £5 105. to
£6 10s.. The number of Oleo penned was about
double that of the late fair, but the trade was
in a very depressed state ill consequence of the
shortness of keep. Down lambs from 17s. to 235.
each; horn lambs from Is. to 21s. ; down wethers
from 30s. 375. : down ewes 265. to 325. Pigs were a
dull sale, stores from 153. to 275. each; sows 425.
to 50s. In the horse fair there were some &oval cart
horses, a few sold at from £3.1 to £4O each ; Colts
from £3O to £4ll. There were two sales of llama
by Mr. W. G. Palmer and Mr. W. Harding. The
competition was excessive. A two-teeth ram was
knocked down by Mr. Palmer for f•Pi, and a
pair of ram lambs brought £l3 10s. IS& was freely
offered for wool. Mr. Harding sold some cull
rams at an average of .C 4 163. 3d. the highest being
£6 15a.