The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1869-03-16 00:00:00

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Mr. Lopez : Is it the usual coarse of business for
computes to retain the oostiol of tile main services pipe
0p to the meter?
Mr. Ord*: I decidedly object to that question.
The Jude: I think it is a legitimate question, bit if
I make a mistake it will involve • new trial. sod se
iapisse of S5OO.
Mr. Lopez: I think my ow la so strong that I won't
peso it.
Tito Jades : Whose property Is the tap at the termi-
nation of the main service pip.?
Wit...: Not always the property of this company,
but almost unlvenally supplied by them, and under
their control

Cross-examined: If the 'Crew was disturbed by the
reluovsl of the meter as I base described it would leak

ii.dtely.

----- -----
Kr. Colo: Oao yoa socorroi for li remining • fort.
Died without any sessUal• leakage?

Whoa.: I don't know it did.
Cole, in his speech for the defines warned the
jury against having their sympathies meted by Hr.
Lopez'. allusion to the death of Kiss Cooper. The
simple question would be whether any servacti.of the
company had been guilty of active or passive negligence,
end be complained that Hr. Lopes bad simply said he
should ahoy there woman aecidene, and should leave It
to defendants to get out of it cubist they scald, and
that he (Mr. Lopez) did not attempt to support say
pertioelar theory. As to Mrs. Hood having said that
the men were drank at three o'clock she use •n
interested witness, having a claim against the company,
and in opposition he would call respectable witnesses'
to prose that they were sober all that titne,and as late as
seven o'clock. Gee companies wild not be expected to
I inspect all their midst", estusections, tape, he, but the
I ONISUUtiff I meet take proper ears themeless. Two
theories were Marled by plaietiff., one that the tap sae
defective, and the other that the joint was shaken.
Dr. Odling rejected the theory of the shaking of the
mese, end the pet theory of Mr. Spice was that the
wow WWI %Wei Shoeless. bad bors moved. It
would have leaked all the time the meter was off. while
. .

It the slug was defective when it was lint pat in, it
must have leaked for the lain six years. Mr. Lo
attempted to get over that dtliettlty by the ssirgsstlon
that oorrogion bad prevented any leases until the
Meter was removed. He should show that the removal of
the meter was the easiest thing possiWe, end that tin
shaking alleged did not take place. Hr. Cole 'lngested
that in such a long length of pipe uneociorinteble
leakages might oceur, and that the extra pressure on
• Saturday night increased the snap., and on the
plaintiff's bringing • candle, the explosion resulted.
H. commented on the statement that the premises had
been in the obarge of the polies, sad amertcd that 4wt2
no effective *barge hereon one of the wit- mffin, who
heppened to be working opposite walked into the
premises without any bioda-Tne, and examined the
tap "to satisfy himself," as he put it, and how many
more bad done ,s no we coed tell. So that It was
idle to lay that the tap se exectieed by the winnow"s
vu in the same state as immediately after the
explosion. He should eall witnesses to show that the
men engaged in the work wen pedal* ecompeteett
quite sober, sad exercised due eve.
William Frampton, examined ty Mr. Hiagdmi : I as
ps fitter for the company at Weymouth, and have been
Is the trade upwards of 32 years. Rave lase down
319 meters and fixed 358. Removed the meter from
plaintiff's house August 3. Believe! deed it 12 mouths
before. Did not teach or move the main tap. I found
the tap" on" and tanked it "off" On Frid.y, August
28. axed another meter there, ander the stall board.
Did not move the main top—it wu too far away.
After fixing, tested with lighted matches the joints of
the meter, pipe, and cap and lining of mein tap.
There was no keitic, no light, nt smell. Heard of en
explosion there at midnight, madmen to the premises.
Plaintiff said I had sot connected the meter right. I
saw the meter on the floor, and wired him how it came
there. He said" I pulled it oat" I showed him that
the joints were perfect th.n On Saturday went to
plaiatiffe shop just after one, and put in • connect.
lug pipe from the man to the wren Open Med* and
soldered the pine at the work., &ad serewed it on care-
fully end properly et Hanit's ship. Did not observe
any looseness about the main tap Smelled so escape
of gas. After fixing I noted with a light every joint
I had made, and the eannexion I bad made with the
main tap. To do this bad to get under the stall board
and lie flat. Plaintiff held a candle. While under I
said, if there WllO to be as explcaion now I ehould be
in so awkward positing, for I could not get out. Hans
I think. said " I hope not."
Mr. Kingdou : Were you sober?
Wittier.: I bad had Donn ale and some beer, but I
was not drank.
The Judge: You have hardly answered the question
were you sober'
Witness : Yes,' Ina
Croseeezeminet by Mr. Lope.; Had a pint at 12
e'elosk at Ruseelfs. Sad half a pint at lifunon'a—don't
remember having any more, but am told I had two.
Had • glees at Men's when we weal to begin, a glass
while there, and another at the finish. Can't remember

Society
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having say more.
Mr. Lopes : Willy" swear yea bad no more ?
Wittier I isn't remember, bat will swear I only
had soother glace. Ara atilt slur I was sober. Have
got drunk mantises. Was dimharged from DorUnter
gasworks for drukateses. Wag discharged from
Wareham gat works.
Mr. tapes: For drukennees ?
Wit....: I don't know. I wee not told.
Q.—Did you get drunk constantly!
A.—Perhaps I did.
Q.—Now many tease a week did you pt drunk al
Dorchester?
A.—l can't tell. In the shames of the manager on
the 28th August, remind otters from the boy in the
office. Have been ri the habit of going oot to do jobs
of this sort. Never heard eoinoisiate of my drunkenness
I. Yr. Chureh's time. This job would require particular
ORM from the poeitim of the meter.
R.-examined: It tau about 1100 whoa I was et
Warthits. Have molted at Weymouth three years.
Have bed no cot:hobbits, but Mr. Store Ina cautioned
ma motto take bear.
Kr. Cole: did you have taken his adriee ?
(lans bier).
George Atkin', easiniced by 11r. Finder, oorroborated
Frampton es to the tomtits of the pipes and jointa. At
the end plaintiff mil it wee • very good job indeed. In
the course of the aftwasoe wither el Shea were the
wane for liquor.
Mr. Robert Oakley manager el Williann's bank at
Wayaithth, saw Frampeon at the blink about R3O on
lb* Saturday &herniae ; be was perfiedly sober.
Crose-essioitied : Oramptan eeme buena* there was
leek in our meter.
Gunn Halberd Head, guiltier, saw Frampton at
work at p:alatire, about • quarter to six, August 28,
sad spoke te him. Should not have known he had had
sayable to drink.
A anises antith, named Hareford, sew Frampton it
the White Hart, jest Were seven o'eloak that ennuis
He was thee wale of doing ae good • day's work sa
witness wee sow.
Charles has Tow, forthea• of defendants' corks,
went to ptemisos jest after the uplosiou to
enrolee the Main pipe, and see there wee no eee.pe.
Tried lite tap, sod than ratt his nom all othr it, and
..tided blamed there was so lamp&
James Russell. iredloorepr sad 'waiter st Vrey.
mouth, ea Um 31st disgust west to plaintiff's premises,
sad azsmined the pipe from Um main in the sere,ca
pipes, and found all right.
Croorthsaninted : I am • shareholder in the outman,.
Yr. Coils: had that's the meson you have proved
bottling for or what Hu extelPo
Kr. Lope' That's • remark you may make to the
The Judge Whatever the result may be, the cam.
puny, is Pieties to tbp slanaholdon, have done per
betty right in taking this swarth
Kr. Drama, builder, WA lastreeted to else& away
the rabbi& as Yoaday arming. Ru rein wicrovered
thalsorrios pips and tap. HO saw Woodsoch take the
Sep lossetion off. sad beard Mm my " Here's the anise
of lb. anplosion." Ho pat it oil again.
Cram-surmised : Saw Mr. Tisard, by Mr. Howard's
request, no behalf .15k. IneuraDoe Conliteer on the
Moeda, morning, when he said that the directors did
pot feel disposed 110 telle say patios of the explasam,
sod would not mad say the no their behalf (or weeds to
that What), sa they did sot feel interested In tale
wader.
Mr. Colo tot witai Sr. Tart mid this—." Ter
Direeton axe Adam mall Masao groetiona on the
Natter."
The Pap : This. am kilos ; I don% see anything
to lad frilt with in the course takes by the directors.
%eau Stone, manager of the Cowan?, works said
I. bad sloop Mend Tramploo • skilful workman. The
tauter Ulm from plaintiff's promises August 3, bad
Ism Aged about sight moaths.
Yr. Colo than summed up thie ems for the defames.
Tim skiff Mama of Plimpton had not bean questioaed,
geid the allegation that he was drunk on Ibis cesmion
(Weans* be woe dimbargad for drunkenness 13 Pars
ego) had hese dispraisd by very respestable wittheaos.
H. did not baton that • mon latalligent sad mato
mintlimisa masted is the prolemion thas Mr. Reward—
s,* man emaitiothat to get up • owl be did not know,
nod if ho (11r. Osie) bad a am he woe ours the walla
ii Hr. Howard's metricies would be inestimable. Ho
llLtt Hateeril) Heidi' Warmish, sad had bees
sc
Riateselen,fer outlaw salsa hint, sot the rsoulrtor2
big loslettiff, : Wats, mid ease, wail only to show
lluethollatualay Iffruepos sad the other meg bail
throe pieta of bear betimes them. Ho said this skowsid
:ituattell thead tot he draak, sad he asked them to
sspby lima wordiet that the oxploaloa areas not from
)S$ from some latest defeat for
=the amongst.. wasosidi reoposalble.
Mr. Loped this replied on lb* whole ems oa behalf
al the plaintiff,
_urging that be had proved aseigssos
going the daleadenta, by their osrmats, and that
therefore the plastid was entitled to their thirdiet.
The deep then swminsmi up. Tbie inns was
• wee the expiatio• sassed by the amiligesses of doh,-
deists' workmen?' With raped to damages eh. on.)
for plistiff eaggsthod sad the 00011• Di for the
defendants weesded to the proposition, that oharoth
tin ley untie may baste* to give • cuss at d a
some prows onospoteat should say what is fsTriM
per, awe pa that, ban desinass to sari am
expos*, 1 would say that tho proper sours* is
ro7tierco• single gsutiomea, cif whore sompeteue both
patios are satiiied, to be appointed to my what
In law sod Puttee should be paid. Witboet shy die-
eeepeot to the jam hi thoeght that It would be a more
likely way to arrive it a cornet sant than by aay
gum they wield mike. lint before that:the jars .moot
be sodded that the defendants my lishia We too
iterthiag of the plaintiff So his dbadvantage. Who:.
zer • Sr. wears, whether tr•ID Si expletaioa ii ems or
esciZ, blit tetsl. sw"mfar mwe Me
8"
I.
he
plaintiff had just bath tlse house, and hinosaranee
was OD the horns, but wee insuflielent to pay
for the Gest of building, while aa to Ws
sent and target» be is ateatly uninsured.

I 001 f•

Therefor*, the plaintiff. eo far se we me
Jed', from the evideoes, had the greatest possible
4istereM that no are or garment should happen. He
eemie tato start with Olson hands. Rat I oollest that
•he was behind in his gm does, and the way of setting
that straight appears to be by taking away the meter.
That sot ins the smarm =doming et all this dissuasion.
Pininion levant, I presume, paid up his amount, on
Friday, the 281 h August. • meter was re Axed by
Frampton. About halt•peat ten on Friday night then
mei aloud explosion —that however, did no particular
eikohlet —moue that is sought to be Tasmania to this
anion, and Frampton, who had replaced tbe meter—for
this cocoa red alter Fram pion's work was sent for.
With reformat» to what happened immediately before
the explosion on Saturday, his lordship read the
plaintiff's evidence, and promeded—Whoes fault was
It? 1_ mree with Kr. Cole that it is for the plaintiff
Is eatisly you it was the faalt of the eisethany be their
Weekeells. The plaistiff stty. "the muse of this
eapleeket I have proved to you—it was the main tap
thatleaked," and he calls theatifie persons and others
to show it leaked ea each side of the barrel, that it
baked at the cap, that there was no proper screwing of
the ten, that there ought to hare been • washer there
and there was no proper walker, that it leaked at each
side of the plug, and that it leaked at the ho tom
of the main tsp. If. had also called many
witnesses to show that the men • Who put it
there, whose sobriety as well as skill was emeatial,
woe absolutely drunk. There Is also evidence to show
that be was impatient at being kept so late at night.
That is plaintiff's case, and he says, here is oases suffi-
cient for the explosion. The defendants, on the other
hand, say, Frampton is a skilled workman, and there
Is
a good deal of reams to show that was so, for he had
been employed in his business at Weymouth. Dar-
*heater, and Wareham, • great number of year., and •
gas company was not likely to kiwp • usui who was not
skilful. Bat then defermaata say he was not drank.
Yoe saw him, and heard his crowa-examinstion, and you
will have to am what you think about that. If you
wish I will read it to you. (The jar, iatimeted
Skit they did not desire it) Then the determ-
inate said the explosion on Friday might have
shaken the apparatus and displaced it, and so led to the
explosion. which is the subject of this action. But
there are two observations to be made upon that—first,
that Frampton was engaged in repairing the damage
mooed by the first explosion, and if any di placement
had occurred it was his business to find it out and set it
right; second, I agree with the °anneal for defendanta
they are not liable for latent defame not discoverable by
ordinary predates and chill' but the question is
whether skilful, patient, and sober men, with fall
time at their dispoml, meld not have remedied
say defeats, and did not do so. Besides
which, defendant.' counsel ato obliged to admit
there was a leak somewhere ceased In earns
other way, or by some other persons, as to which there
Is conjecture, but you will see, no satisfactory proof.
Was the expiation othemil by the negligence of the
defendant's 'workmen? It it were yea will Ind for
the plaintiff ; if not, for the defendants : but the
plaintiff must satiety you that it was.
Without the least hesitation, the jury immediately
returned • verdict lor the plaintiff, for 22.000, rubject
to the actual sum being determined by reference.
WEYMOUTH.
nett 'hareem' llorwmte.—We are glad to notice
that Mr. John Weenie, late pupil Mather in Trinity
Sehool, has obtahed • 13.4 class certificate at Battersea
Collage; and Ifsiesra Randall and Reynolds, late pied
Mather. at St. Mary's National Schools, second cortifi-
*Mee at Saltley College.
FRI WRITHES has been more severe of late than
daring the winter proper, and on Saturday morning
'there was another fall of. snow. In nit. of north and
mat winds, however, "Nature's hot-wat,r apparatus,"
as Mr. Drew felicitously terms the Gulf stream, seems
Is have sou everemos the cold, for the snow welted as
it fell, and the downfall sou shafted to sleet, arid in
shoat half-an-hour mess& Another fall of snow
oceorred on Sunday morning, and the temperature
became very low, bat the sold moderated next day.
Tan LIMOLT. B. 0. Oberman, EN_ hon. see..
begs to aoknowledp the resein of the following autos
In aid of the funds of this branch of the Royal National
Lifeboat Institution. vie. :—The Right Honourable the
Lord Ashley, £2 2s. •R. SwaMeld, Esq.. Cl ;
Messrs. Jeffery Brothers', Cl la. ; Robert Hayes, Esq.
(Fordingtoo), Cl la. ' • Commander Bad, R.N.. Is.; end
small sums collected by Master John Daman Best. 13a.
Tsertaioeut.—Tbe young mea and lads of the Bible
elms at Hope Sunny ethool have presented their
teacher with a handsome family Bible, bound in morocco
with gilt edges, and of the description known as "Pica,
post 4 to, with references." The following words were
written inside :—" Mrs. A. Chick. A slight memento
of affection and regard from her slam at Hope Sunday
'shoot Weymouth. Marsh 70, 1849." The present
was as unexpected salt was gratifying to Kn. Chin.
LITIRaIT 1213TITUY101 —The concert In commemor-
ation of the wedding of H.R.R. the Franco ni Wales,
tame off at the Lecture-hall on Wednesday evening
last. The attendance was very email. Mr. G. Bartlett
presided st the plane, end the following were the
vocalists: -Mica Norris, soprano; Mr. Hawkes, alto:
Kr. Crocker, tenor; Mr. Marshal say, bass. The
selection of pieces was varied and included • number of
part mega glees, twin, he., which were rendered in the
singers' best Myte. Mies Norris sung " Happy the
Maid, which is • rather &Moult song. on account of
the frequent changee of key ; but the audience seemed
to prefer Lord Morntegton's "Fairies' Glee," when was
emoted. In the second part Me. Norris was encored
In the "Merry Suothine. for which she substituted
"Oh Charming May r The 00000 rt was conoluded
with "God Bless our Sailor Prince," which went with
stirring effect. The lecture by J. Drew, Seq. an.
mounted for the 17th lest, is postposed tall the 24th.
Flint D.R.V.—Tbe moralisers of this maws cont.
nuanced their aeries of drills for this season, at the
Guildhall, on Thursday evening last, when they were
inspected by Captain and Adjetarit Barrett. In the
sheense of the Instructor to the corps, Dall-Instruetor
Athena. of Wareham, oMented. We are glad to
notes • marked improvement m the performance of the
drum and fife band since the appointment of Band-
master Ch. About 15 itle attended tic Inspection,
and Captain Barrett thanked those present for their
attendance. Captain Thresher announoed that in pleat
of any members attending the Easter Monday Beene,
there will be a special drill on that day for the Dor-
chester and Weymouth cone. The opinion of the
members was taken as to whether it was desirable that
the corps should attend the volunteer review to be held
at Portsmouth on the fourth Monday in April, and the
opinion appeared to be unanimously in tavola of attend-
ing, and the subject, es well as that of the best site for
the Lonoal camp will ha dismissed, at the anneal dinner
of the °Moore of the battalion, which will be held at the
Royal Hotel, nest week.
CHURCH 11/88101raleT &MITT. The Bev. W.
Kirkby. missionsay from north-west America, preached
at Elt. Marra church on Sunday and the weekly offertory
ins about 110. On Monday evening 'here.. gentleman
delivered • lecture at the ?ratios.' eckerd.room on -rhe
Past and Prewnt Cormi•ion of Rod Indians aif Narah.
West America," and in spite of ;he business of the
Assizes and especially the famous gas case. having
ear Med the principal attention to Dorchester, thee
amemb ed about tito largest milieus that It.. ever
etas deal • missionary meeting in Weymouth.
The° Rev. T. Orraves w•s in the chair. Mr.
Kirkby gave • graphic description of the country
mound the Mackenzie and Red Rivers, and the
Great Boar Lake, • part so thinly populated that
be mid if Great Britain fontanel no Reglish, Soda,
or Weletaineo, bet only the gypsies that wander over it,
It would motain as row people is the district in whisk
Mr. Kirkby laboured, while missionary statiosn are
mattered as If we only had one In Cornwall another in
Berwick-upon-Tweed, and another in (hkney. The
leoturer illustrated his subject with specimens of the
dresses of the Indians, pieteree, la., and the sodium
appeared exceedingly interested. A collection was made '
at the close in aid of the society's funds, amounting to
between Ell and CIL
80100011 PIM £lllllllOllll., Friday.-13 Kore the
Mayor.
A Wedding Tour.—Wilfiest Harvey, • postUion, was
brought up for With drank on the previous
day. He had been engaged to take • wedding
party from Portland to Dorthester, and seem
to have drank the health of the newly-married couple
pretty frequently, for on entente at Corey, be made
the party wait and told them they would not go till he
was ready. He seems to have judged that this pretty
rural spot would be • good place to commence the
honeymoon, and so drove them round and round it for
several bailee. Charmed as the party might ban been
with the dowers, the streams, and the woods, foujours
perdris is apt to tire, sad, sob. °Paid not be got to
fangae his hones with Ridgeway Hill, they coaxell him
at DA to rents to Woymegali, from whence he was
going to take the cants. to Portland, and had managed
to get as faras the Unithbouse, on the Wyk* road, bet
here Beesboa gained the mastery, and the jovial
postilion rolled off his bona P.O. Bartlett was on deity
near, nod waisted the motion ei the driver. He
moustid the box ; but Ist the horses do as they liked,
and the policeman requested hue so get inside, This
be refused, sod wee Mks& iato eermody.—ylrined Is, and
meta

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