[ London Times ]
This newspaper, most correctly known simply as The Times, began publication in 1785 and continues to this day.
The edition of June 22, 1835 carried the following report of a legal dispute involving a Newfoundland dog:
The case was heard at the Court of Kings Bench, Westminster, two days earlier, the reporter remarking that of all the cases tried that day, only this one, Payer v. Simpson, held any interest.
Mr. PLATT stated the case to the jury. It was an action brought to recover damanges for the wrongful conversion by the defendant of a dog belonging to the plaintiff. The animial was of the Newfoundland breed, and to which the plaintiff's family were much attached. He was very handsome, very docile, and one which any gentleman would feel proud of possessing. . . . The mode adopted by the defendant in taking away the dog was not that which a gentleman ought to have taken. The plaintiff was a gentleman living on his property, and in the month of April, in the present year, he was walking with his sister and a gentleman in Regent-street, accompanied by the dog, when, an accident happening to some ladies, he put the lady and the dog into a shop, and went to assist the ladies; during his absence, a man came into the shop, and patted the dog, and said it was a very fine one, and there was something in the manner of the man which led him to suppose he was anxious to cultivate too intimate an acquaintce with the animal. When the brother returned the man said "This dog is mine." The plaintiff said it had been in his possess some time; the man said if he would go with him to the defendant's, he would satisfy him the dog was his. They went to the defendant's, when a troop of haberdashers came forward, a cord was put around the dog's neck, and he was taken into a back room and locked up. The defendant had subsequently offered to give up the dog for 10£, but when the plaintiff afterward sent the money, he said he was worth more than 50£. The damages in the declarationu had been laid by the pleader, who was not a dog fancier, at the low sum of 10£, which sum he begged the jury to give the plaintiff.
Thomas Snow. — I am coachman to the father of the plaintiff. My master bought a black and white Newfoundland dog, of the 5th of June, 1833, of Mr. Harding. We had him till he was taken from us.
Cross-examined. — I never said the dog was bought from a catsmeat man; he was not full grown when we first had him. We had a young character with him; he has much grown since we had him.
Owen Harding. — I reside at Paddington. I sold a dog to Mr. Payer for 12£, in Jne 1833. I bought him two months before of George Mears, for 3£1s. He was then in bad condition; he is now very much improved.
Cross-examined. — I can't tell his exact age.
George Mears. — I live in the city, and deal in dogs. I sold a black and white dog to Harding. I bought him six months befoe for 2£ 15s, of Redmond.
Cross-examined. — The dog appeared full-grown when I bought him.
F. Redmond. — I sold a black and white dog to Mears two years and a half ago. I keep the Duke's Head, Orange-lane, Southwark. I bought him of Singleton or Pullinger, he was then about two years old. I gave 2£ 10s. for him.
Cross-examined. — I was a cabinet-maker. I don't now attend the pit at Westminster. I have been a prize-fighter, but I have left that off seven years.
I am a gardener in the Albany-road. I sold Redmond a black and white dog which belonged to Dobson. I had known the dog at Dobson's from 12 to 18 months before I sold him. I taught him to go in the water.
Cross-examined. — Dobson is in the Excise. He was a puppy when I sold him.
Harriet Dobson. — My husband is in the Excise. I remember his having a Newfoundland puppy. I accompanied Pullinger when the dog was sold to Redmond. We had the dog about a year and a half. We had it from Mr. Burn, the distiller. I think it was about 12 months old when we first had it.
William Dobson. — I am an officer of Excise. I had a black and white Newfoundland puppy, which I bought of Mr. William Burn, jun. of Horselydown.
Cross-examined. — I am not in the dog-fancying line. I never sold anothe dog. I have seen a dog here, which I believe to be the same.
James Boville. — I am a student in Guy's Hospital. I was in company with Miss Griffith and the plaintiff in Regent-street. An accident happened in the street, and I went to assist. The dog was with us before. I lost my party, and went home. I had know the dog 12 months in the possession of the plaintiff. I have frequently taken him out with me in Regent-street, and passed the defendant's shop. He never appeared to be acquainted with the shop.
Joseph Jones. — I am clear to plaintiff's attorney. In May last I called on defendant with a letter. I said to him "When you were called on yesterday, you said if you were paid 10£ you would give up the dog." I asked him if he would take less. He said he would not take that, as he now understood he was worth 50£
Mr. RICHARDS then addressed the jury on behalf of the defendant, stating that he should clearly prove that the dog was whelped at the defendant's, and he would produce it in cour, and the son of the defendant and two of his shopmen would identify it.
W. Jay. — I am shopman to the defendant, who is a haberdasher in Regent-street. He had a Newfoundland dog puppy at his warehouse. He lost him nearly four years ago. He was ten months old. This is the dog (the dog was brought into court). I had chosen him out of the litter. I cut his ear when he was in a fit, and here is the mark. I saw him in April last in a hatter's shop in Regent-street. I claimed the dog of the plaintiff, who said he had bred the dog. He afterwards said the dog had been given him by a friend in the country. The coachman told me he had him from a catsmeat man. It is the same dog Mr. Simpson lost.
Cross-examined. — One of the pups went to sea. We sold the mother to a gamekeeper. The mother was confined (whelped) in the dust-hole. I used to feed the dogs. I gave him a little instruction in the water. I put a handkerchief round his neck and took him into the counting-house, when I claimed him.
Samuel Jay corroborated the evidence of the last witness.
Cross-examined. — The dog was lost in August, but I am sure it is not four years ago; he was pupped in 1831, about December.
Re-examined. — I left defendant a year and a half since, and the dog was lost about two years before I left. He was lost in 1832.
Mr. Simpson, jun. — I amd son of the defendant. The dog was lost in September, 1831; he was 10 months old. This is the dog.
Mr. PLATT having replied,
LORD DENMAN summed up, going through the whole of the evidence.
The jury retired for 50 minutes, and on their return gave a verdict for the defendant.