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From the Wiltshire Times on Saturday the 1st of May 1920

Joseph Major, of Hankerton, against whom A. M. Clarke, of Minety, obtained an order for the payment of £42 15s. 2d. At the last court, now made application for a new trial on the ground that he was prevented by ill-health from attending.

Mr. Fred Wilshire appeared for Major.

Respondent said the day previous to the trial Major was out in his garden feeding pigs, and he had information from the doctors that he was quite capable of attending the Court.

Applicant said he went into the Cottage Hospital at Malmesbury on January 16th, and remained there for two months.

In reply to the judge he said he came out of hospital occasionally, when the weather was fine, but as an old soldier who was in hospital, he did not think the case would have been proceeded with in his absence.

His Honour ordered a new trial and plaintiff (Mr. Clarke) then proceeded to inform the judge, that the amounts owing by defendant were for bread and meal supplied over a long period.

Counsel said his instructions were that defendant did not owe the amount stated. His Honour, having examined the accounts, said plaintiff’s ledger and defendant’s books agreed as to the amount owing.

Defendant said the books were not in his possession until he received them by post in December of last year.

His Honour: Be careful how you answer this question. Do you mean to tell me that these books, showing entries in 1910 and going back before then, were not then in your possession.

Defendant: I have not had them since 1914.

Counsel said defendant had dealings with the plaintiff, but they finished just after his wife died in March. The man joined the Army in October, 1914, and did not know the money was owing until he received the books by registered post.

His Honour: He already had those books with him up to July, 1914, which showed balances against him, and he must have been a fool if he didn’t know there was money owing.

His Honour added that the case was very clear to his mind. The books of defendant proved the money was owing. There must be judgement for the plaintiff, for £12 15s. 2d., and he would also have the costs of both the hearings.

Counsel asked that time might be allowed defendant to pay as he was in indifferent health

Plaintiff strongly objected. Major had plenty of money and he had a witness who could prove it.

His Honor said defendant would have the ordinary time.