Wellls, Tuesday, Aug. 31.
The Times, 1824-09-02T00:00:00

to ... ..> b . - -furuugHi on Enee statute Ot tne ytn ot cieorge I, to recover the 6unm of 2001., being the maximnum whlicll that act al- lows as corpensation to persons whose property has been deatroyed by being maliciously set on fire. The facts that were necessary to be proved on this occasion were, that the fire took place--that there was good ground for believing that the firing was malicious-and that the plaintiff took the steps which are prescribed by the statute thereupon. Isaac Guibe was called, and stated that he was a herd on a neigh- bouTing fain.-" I wOZ agone to bed," said the witness, who was a genuine Somersetshire man, " a Yew minutes past eight o'Cock_Tt-I woz a calmish quietish zort of night ; I think it woz a vew minutes, -I'll nut be burticlar-it woz net long afore I 'eard a noise at mv door-' Get up, Izaac, or the bed will be buned from under you.' Zo I catched mvself out of bed zo well as I could, and looked out of the window, but could not zee nothing because of the curtains; zo I thrawed the curtains one zide, and I Oh, my eyes,' zays I to my wife-my wife, you must know, woz abed at the toime-zays l, zure enough there's a fire-light, and a huge big light- it vwoz." (A eduty.) M;r Sergeant RELL.-Fray don't tell us what you taid to -your wife In bed. (A laugh.) Witness went on to descrlbe the fire, and the pains whlich he took to put it outs Several wltnesscs proved the destruction of peas and barley by the fire, and one wltneies stated that somd ris raturated with gunpow- der, had been deposited in some of the outnouscs; where they were afterwaTds founr1. Alarbell, an bld man, proved thathe served certain of the defen- dantv with notice. On his cross-exaniination, to alinost every question he replied, BBut I can swear to nm own handfrighting' -,s thus: " low far is the village of Westcpmbe from wvhere the fire took place p_Oh, I can swear to my own bandfrighting ?i' AIlr. Sergeant WILDE addressed the jury for the defesidants. He commented on the frequency of actions of this nature, and the great tendency there was in the minds of some petsons at present to convert every accidental fire into a malicious one, In order to make out com. pensation for the loss. The jury however, unader the direction of the learnied Judge, found a verdliet for the plaintiff-Damages 1801. FISHIERt V. BRAGGE. AMr. Sergeant PELL stated that this was an actioa brought under very peculiar circumstances. Thie plaintiff on thls occasion was a very respectable attorney, and the defendant a farrier and hiorse. dealer. The only question in the case was, whether or not the farrner was too many for the attorney. lr. Fisher had oceasion for a horse, ancl finding that Air. Bragge had one that would answer his pur. pose, he agreed-to purchase him for 251. The nmoney was paid, the norse was delivered ; but he proved a very defective animal, and wonild not answer AMr. Fisher's purpose, and Mr. Fisher must send him bhacl. Bragge was extremely willing to take back the horse but it was not convenient to hirn to return the money; so they en. tered into an agreement, the terms of which would explain its na. ture antl objects. It was drawn up in these words .-" Mr. Flsher has returned to Al r. Richar3 Bragae a horse called Foxbury, for wh,ich he has paid i\lr. Bragre 251., and lie has agreed to take frorn iflr. Bragge a mare colt ca]led Fanny, he paying the further sum of ten pounds. Air. Bragge agrees to break in the colt for harness in a proper mnanner, anti keep her until April, when he i, to deliver her up to Mr. Fisher unblemished and in good condition." Such was the agreement. Mr. Fisher was to have an excellent mare, fit for harness, at April, instead of Fo*bury, for wlhich le gave 251. andt 101. to be Taid qn tho delivery of Fanny. But when hc f:xcsed ie was to have li?nny. this excellent mare, he sent his son, who took with him 101. for Air. Bragge, and to bring ltim the mare. 'i'he son paid the 101., and fearin hIis ex- pcnscs might be burdensome on the way back, he obtainers the loan of 11. from Mr, Bragge. The distance which Mlr. Fisher had to ride the mare was 45 miles to bath. lIo rode herquietly; he took a great deal of time to perforasi the journey. The mare, instead of being the animal which Mlr. Fisher lad a right te expect, proved to be diseased, and totally unfit for use. iHe seht her back as such, and now waited the opinion of the jury, as to wheteer hc ivp entitied to have a good mare or his money. Al r. John Allen Fisher, the son of the plainttff, stated that he went on the 10th of April to 15r. Bragge's house, and after remain- ing there a few days, returned on a MIonday with the mare. Mir. Bragge accompanied lhim about n mile aind a half on the road, and then wished him good day. Witness then proceeded on his way, and as lie was riding down a hill, found the mare become very weak under him. She appeared exceedingly weak, and seemed as if slie wouold fall at every step. He roae her 10 miles the first tay ; he took ton hours to perform that jo4rney. He had remark. ed tothe dlefendant before he left bis placc, that shc loocked in a very bad way. John Thatcher, keeper of the stables at Bath, stated that the nrare was brought to his stables on Monday, the 12th of April. This witness (who was examined by Air. Sergeant PELL) carefully and emphatically added, witlhout exception, to every -single answer, " my Lord." At lengtl the repetition of " my Lord" became so fxtiguing, that the learned Sergeant told the witness, " Alind, I am not my Lord-here is my Lord (pointing to his Lordship)-take care 4isd address his I4ordship. I could find it in my hcart to hear you olnce or twice Lord me by mistake, but I could set stand your repetition of it so often." The witness, how- ever, even after this explanation persisted most dogmatically in the apulication of " nmy Lord" to the learned counsel, to the infinite amusement of the Court. Atlength the sergeant was obliged to ex- claim, " Well, well, you are the most inflexible Thatcher lever met with in the course of iny life." He their continued the exami. nation as follows_:-Now, Sir in what conditign was the n-are when sBie arrived atyouer stables ?-'Very poor. What do you mean by very poor ?-Why, poor in flesh. (A laughi.) You mean to say she had no pocketa to hold money ?-I should think not, my l.ord. (A laugh.) She had cracks in her heels; slie had what is called the curbs, and the grease: it must have been of long Ktanding. Certainly the mare was not in a condition to take a long journey. Air. Sewell, a veterinary surgeon, residing at Bathi, saw the mare at Thatcher's stables on the 14th of April. She was extremely poor slIe lia( curbs and the grease, and knuckling. Tire symptomns ap. peared to be the consequence of neglect and ill-treatment. Mr. Sergeant WViLDt addressed the jury for the defendant, and called the following wimesses:. Mr. John Bragge, brother to the defendant, stated that young Fisher came to their house oni Thursdav, the 10th ot April, ard on the Friday he went to see the mare colt; he afterwards directed that foltr newslioes should be put on the mare. Witness and Fisher afterwards went out to ride together. Witness rode the colt, and Fisher rode Foxbury. They rode together as f'ar as Hank Church. Fisher said the mare colt was a very flne mare, and looked uncom- monly well: he admired the going of her. They stopped at the blacksmith's house, and there they exchanged saddles. Fisher went to Lyme, and promised to return to fish with him. At one o'clock on Sunday he went sway with the mare. When he took her away there was not a blemish about lier. lVitness saw the mare pre- viously for many nrontlis, and, in conjunction with Iris brother and a carter, fed her very often. She was taught to draw in a little wag- gon. During the time that young Fisher was there he never made anv complaint about her. Cross.examined._.Witness and his brother bought the mare in parotershtip. 'rhe mare is it at tie door, and slie isin the verysanre condition now that she was then. Slie has no such tliings as curbs on her. WVitness is certain she has not. Sir. Baron GArRow.-That i6 a very easy test. Alr. Sergeant PELL.-YeS, my Loerrt and we propose the mare should be inspected. But first let us call Air. Sewell, the veterinary surgeon. Mir. Sewell called.-I have just examined the mare at the door she certainly has curbs. hlr. B3aron GARRow.-Perhaps the gentlemen of the jury hal better go and inspect her themselves. The Jury retired to the door, where the mare was, and inspected her. On their return the Foreman was asked by Ir. Baron Garrow if they had ebserved the curbs? One replied that he had seen symp- touns of the curbs, and anothler was of opinion that there were none. lr. Sewell was again recalled. The appearances on tie houghs of the mare are different on both legs. fie has kniown curbs to take place after hard rirding. She has this moment curbs. Witness is of opinion that the diseasetl appearances which he saw on the mare in April must have been of some standing. Milatthew Burnidge, servant to the defendant, stated that the mare on the morning she was taken away was in excellent condition. Tirere was neither spot nor blemish in her whren she was delivered to Alr. Fisher. Whein brought home slie was in a very bad coiidition. John Salter, a blackltnith, knew the mare up to the time when she was delivered to Mr. Fisher. She was certainly withoutblemish. Verdict for the plaintiff-Damages 351. Alr. Baron GARIrOW said, in allision to tire case of crim. con. wilch was fixed for Thiursday, that probably the ladies would not wish to be present, and lie should therefore take it tire first thing, in order to allow them to come in and keep their places during the day afterwards. He hoped that the gentlenen who might occupy their places during their absence, would not hesitate to restore them when thc tine canie for the adiinission of the ladies; but if any were found so indisposed to pay that respect wiicl wasdue to the sex as to retain his place to their prejudice, it was not impossible that he (Mr. Baron (}ARROw) sliotuld give hion a Iiint as to his duty. WlELL4SK T'rqnA,v' ATT<. ?A1 DYElt vTHE INHAlITANTS OF THE: HUNDRED OP KINGSBURY.