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Monmouthshire Merlin 1864

15th October 1864

COUNTY COURT.—TUESDAY. [J. M. HERBERT, Esquire, Judge.] Stock v. Scrimmino.—This was also an adjourned case. Plaintiff, who resides on the Sowhill, Pontypool, claimed £1 for damage he alleged had been done to his garden by defendant's fowls.—Mr. W. H. Lloyd appeared for defendant.—This case had been adjourned for the production of a valuer on the part of defendant, as plaintiff had produced one on the first hearing of the case.—Mr, Lloyd asked plaintiff several questions, with a view of shewing that the ground itself was not of the measurement, 40 perches, as he stated that a great portion of it was valueless for garden purposes, as it was covered with ashes; that the whole of the land was of a thin, cold, and beggarly description; and that as every person in the neighbourhood kept fowls, plaintiff was not in a position to say whose fowls had done the damage.—On behalf of plaintiff an additional witness, named William McClinton, appeared to-day, and gave corroborative evidence to that given at the last Court, viz.,—that some fowls had damaged plaintiff's garden or the crop thereof, consisting of 'taties and cabbage," to the value of £3. For the defence, John Pitt, of Glascoed, said that he had measured the garden, which he had known a number of years, and in giving the measurement to the Judge per chain, the latter said, Yes, you are right; it is 24 perches exactly."—Witness added that the whole of the damage done by all the fowls in the neighbourhood would only amount to 7s.— The Judge deemed this a very low estimate, and asked defendant how many fowls he had ? To which he replied that he had eight, but plaintiff had poisoned five of them.—The Judge: Then there were three on his land.-Plaintiff: I'll make defendant prove that.—The Judge: Perhaps he will prove it against you.-Plaintiff also claimed 15s. against another defendant named Stanton, on the same conditions.-The Judge ultimately gave judgment for defendants to pay 10s. each, in a month.