The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1882-02-28 00:00:00

POOL* .
THE LATE GENERAL ELECTION.

MI. w•auso's CoLOCIAS.

A case 'thick bas create 1 a co eiderable amount of
in.esest in the borough was . rumba led in the Coins,
Oourt no Mors,ay 1 at. It wa. that of H.rris v.
Plitlpot., and .as per ly heard at the Dessimber c out.
It wee a cairn f a M110..8 L. li.ougut by the plaintiff, •
deeper art i whiner of Poole, /*Most the defendant, •
well-knowo medical pro...tit' nor, of Poole and B .urne-
month- It will be retnernuered the plitiatil bro.gut
an &Woe mime .ix mouths ago in the Court of Commin
Pleas, Oaddhall, •gatust air. C. Waring, who con.
theist the boroarb at the last election for the sum .1
eom• MO for goods—. mattes, fleg., ago., which Mr.
Hama "toted had been supplied on hie Wulf to hi.
agents during the electoral contest. Mr. Weems
oeciii.i.l to acknowledge the account, and Baron
Pollock, after hewing the eel team of the plaintiff,
ruled that he must have a verdict gives against him,
there befog nothing to oh ow Mr. Waring bad ever
siu.horieed the oreering of the goods; at toe same
trate be expressed • bops that a rtheonable stun wouid
be paid Heads, am uudoubted y the good, had been
had. Mr. Waring, it will be remembered, in ac,ord.
thee with the suggestion generously drew • cheque
for some GO guineee, and baudiml it to Mr. Hard,
Unable to establish his maim in a superior court, NI-.
Harris then removed to eudeavour to enforce it by
means of the County Gout, swung each person chin,
... he alleges, ordered the tole of him. rho preset.%
ca's &gala; Ltr. Phiip.o.s was a test case. At the
Deoember court the plaintiff, Mr. Harris, who was
Wit represented by Mr. Travers, his place now being
taken by Mr. Budge, Mr. Travers betog absent from
toe town, then swore that In regard to certain silk.
and satia rosettee 'applied to some of the pilots of
Poole, whoa he asked Dr, Philpots should be allow
theta to have them, Dr. Philpots virtually ordered
him to let them have what they wanted.
Oa Monday Mr. Trevanioa, who was for the
delsedant, took • preliminary objection to Mr.
Badge's appearing in the Case; but this dim Honour
over-raled, -remenking the issue that was before him
wee, in the first place—Was Mere a coatract made
between Dr. Plillpote and Mr. Harris for the "apply
nt these ribbons? and in the second—Was or wee not
tnis contract void under the 7th of Victoria?
Mr. Trey/Won thauked the Judge for so nor:. a iog
the issue, and said he would content himself wito
calling 14. Puilpoth
His Honour remarked the case had been carefully
reported, and he bad c capered the rep doe wi h has
own notes, and it appeared that Mr. Harris said he
supplied the goods on the assumption that Dr. Philp-gm
wee an iszest of Mr. Waring. It was as simple a
oasis as I was c:e aas the coo at noonday. What bad
Mr. Trevanion t, argue.
Mr. Trevaeiou sal I he ha I a thing to advance
(artier; Hu H .flour had laid down the argument so
clearly. But his client wee very anxious to be put
itito the box, and he would swear emphatically that
be bad Dam ordered these goods.
his Honour proud the 7th section of the Act, which
imperes • penalty of I:2 upon any person swop ying a
voter with ribbon., c dotes, or marks of diatiaction, and
said it was avident that, supposing there had been a
'mowed, the coatract was an illegal as.
Mr. Budge said his contention was that Dr.
Phipots was not an meet • Mr. Warning, and there-
I ore they hal a perfect right to supply him with the
goods, and sue him atteewards.
Dr. Phdpota was then called and sworn. '
Mr. Triivealon : At the ume of the brat section wore
you an agent for Mr. Waring ?—I was not, I was
vs.-daily told I was not to be.
Si. Houma: You took a warm interest in It ?—I
did.
His Honour: Like many other gentleman.
Dr. Philp it. then went on to say he had never given
the *loud orders beyond 9.. 61. which he bad
admitted, or did he directly or indirectly te.l him to
supply goods to either Mr. King or Mr. Stone, pilots.
That be would swear.
In croes-exeminati in, the doctor mild the fact was
Mr. Harris was • perfect nu4ance to him, his (the
defendant's) house ca. by 11100 made a sort of heal-
quarters, and Hari' came sod danced in and out at
ad hours.
Mr. Budge: Did he see you about the pilate having
rosetteo.—Yes • great many times.
You have bawd what he swore at the lest court, did
you gay let them have they like ?—I said to then let
the, have what they lik 3 j but don't C03:14 bothering
me, sod when they came to we, what I told them was
there's Mr. Harris living three or four doors up the
s•reet, he is an agent, so and get them trom him, but
don't come bothering ine.
His llama asked Mr. Budg" what be had to thy to
that?
Mr. Budge replied that what they said was that
before Mr. Harris supplied the goods he went and
•.w Dr. Philpots, and he said he would be respon-
s.ble.
Cross-examination eontieued : Be certainly law
Mr. Harris in the street, hut certainly nothing was
•id about his paying for any eoettes. He asked him
how be °mild get paid, and ha hid him be enild not
give him any Instructions, he bad better go to Mr.
Waffles's agent as it wi. a' use his corning to him, for
he knew nothing about them. The only thins in the
soaps of an order that be gave was that he said do
what you please but don't come bothering me.
His 110130111 Ito the learned advocates: Do either
of you wish to addreie me' / stoidd think not.
(Langlitor.)
bje. jdudge : I should like to ask the defendant
whether be did not tell Mr. and Mrs. Herds to send in
Use bills.
for. 1
imit : I
sliadougana feywcith4itllledaleelfbsys.wverhichai
ii.ditipald
r bend perty to have nothing tu do wth him.
ir
Led been es ehideit. ilethithter d slight
)
litatonour : Don't let me have anything of this
sort. We wash no applause one side or the other.
Mr e' I bawls IA mat you
_a lag I—Yea,
md ya, 64 approsimed it !—Yes. tweaks.)

Ur. Bulge put it te his Rawer that the question
was one that simply resolve' itself late ono of
°outran, awl that he eubmitted be bad proved.
Mrs. liars, who nee in court, wee about to make
SD otedevati n, hut he. Honour raid she could not
be he.r.l. lie knew how difficult it was to repreat
t,ogure. but titers must be • limit to .it
tbiags, and Mr. Badge wad aow conducting the
MN. .

His Honour : I desply regret that this action was
brought. I think when an ulection takes place, with
all its fervour ard excitemeno, the sooner it is ended
the better. It keep up ill.fmlin.: among the eitiealle
and interferes sometimes with the osic:sl relati sus of
life; the true policy is to let byessones be bYti.l.aefo
said to let the triumph and the deicet of an e'""i'w
subside peacefully, to this case the plaintiff, thinking
he has • rigot, brought an action In a court of justice
Nellie, the defemed candidat.,. He carries his an ion
into tie High Court, the claim being beyond the Jerip
diction of the County Court, and be is there met by
the legal ditficulty the. Mr, Waring is not liable for
anything except that which was done by his auttiorwed
mid legalised expense agent.. If he leournised an
illegal act by any one not hie authorised anent, he
would lone his met. The High Court bolsi that Dr.
Philputs was not an agent; but a c.asual expression
was thrown Out to the paantaif that it waa very hard
indeed that the tradesman who had eupplied the go ele
Mould be unpaid. reeling that Moe* who gave the
order should be the puttee to be sued, the plaintiff
as be ha a a perfect right to do—brought the action
which has been commeuced in Mien ours. It was .Mi..
factory that Mr. Waring, after the &esti ii tried in
London, seninahised with me plaintiff, who let his
too& go in the heat of the election, and gave him K6O.
This MSS a very honourabie Ming for any man to do,
woatever his p.litic• are, for it showed sympathy with a
man who bast promoted the cause of Mr. Waring. But
that does not Whence me • teatime* weight an this
case. It has been imported into this cause as is always
the ease where Cillets are matins of Meting. I have
simply to try this cam of goods sold and delivered, and
I ask whether there has been • coati act proved? The
plaintiff's case is this, that the electi n t ok piece
on the 31st of !Lank. 1880, and the goods, were
supplied between the 20th and 26th of Match. Lie sa)s
he was told by the defendant let tone and King
have what they wanted. In an ordinary case that
Yr. old be sutbcient, and it would cast • legal oblisatiou
set the defeuoaut to pay for the g sods be ordered.
After the election the plaintiff soya he went to the
ofendant with hie acc oust, end fir. Yhdputa was
angry, and, using • curious expression, told him he
most muil the " beg of tricks to Mr. Moe, Mr.
W. ring's agent, Mr. King naturally and properly
sepudimed me account, which was illegal under the
ommute, and the &exiting seems to bare been flying
about. I note that the plaintiff says toe orders were
Pit on pieces of paper wittco were subsquently slee-
ty veil. I ask myself why should that be rio?—why
...sold a tradesman, if he had complied with orders
woodoi male another person liable, refuse to enter
them in his ordinary businem books? Why should he
destroy the records of them by firs? That is not
conclusive in the carte, but it is a matter for observe.
Moo. He says the orders were put on pieces of card-
board and thrown into the fire. In Mother cross-
examination be deues calling Stone and King into his
ati-p to hive mime rosettes. That is not d•LaeCt. It h
true that Stone and King might have been called, but
.'out think it is necessary, 'There is one curious
ii.colent in which • lady plod • part. When Steam
and King were in the stop and Wes rosettes were
about to be supplied, 30e. was taken out of the till and
hooded to Stone to pay for them, that he might not,
apparently, arouse the suspicions of the Conservative
ctbtenuers that anything was going on wrong on the
other side"( toe counter while they were having thew.
(leughter.) rim; is very ingenious, and reflect, the
highem credit on arc Harris, ohs admits this her-
eof. Toe plaiutiff says that delaidaut old nut say
that he wousd have nothing to do with him, but thet
to came to he shops and gave rosettes to everyone.
But the meet important piece of the evidence in
the whole master when I translate it from my
notes—and it struck me eery mach—is that to
which I shall next refer. I am not giving a
slecaion for one side in polities or the other. It
makes no diffm sum to me, and I look at this only as
a COJIILIon case of butter and cheese supplied, lure.
OtelLillal,ll by Mr. Travers—not in cross-examination
—the plaintiff said " I always upplied tie goods on
the riammotiou that Dr. Philpote was Mr. Waring's
Agent." Li t:sat be so. More comes toe question which
• lawyer will appreciate. If he treated hum as an
agent, he Ltd not treat him man employer, but looked
to the emaluter for payment. It I lend my servant
for hay and corn for my nurse, the mini I rood is not
charged, but myself. It would shuck all sense of
jostle if it were otherwise. The iutenuon of the
tai ties at, the time of the formation of a contract must
be I oked at by the law. There must be two assenting
minds to • contrect, but there is only one here, for
neish-r Mr. Waring nor Mr. King is comulted. flow
csu I Mita.° utherwite Man mat no contract warn
f emed between the defendant aini toe plaintiff? rhea
uppodng for a 'Aimee& there was alters. a ontract,
capable of enfora urn;, there is n operation of
1.40 17th and ISt. Victoria, chapter 102. L eon glad
that the statute stiouid be ILCOOti, for It may govern
Certain prow...clings at the ezc.ting tithe of au election, ,
which may or may not be far At. lii, an Act to con-
act:Mate tue law raising to bribery, meming, is., and
it is celled the Corrupt erectness Act. Toe 7th motion
is that no canoidate before touring, or after his
election, Mail, in regard to such electrni, by blamed
or his agent, directly s r indirectly give or provide to
or for any person, each person having a vote at such
elyciion for any county, city, or borough, any
" chairing "cockade, ribbon, or other mark of distUlc.
lion, and every perem so giving or providing shahi
tor every such °Homos forfeit the am .1 1:2 to such
pets as shall sue for the same, together with the lull
cat of the matt; an I all payments made for or on
account ot as, " comariog " cock.* ribbons, bands of
mite°, flees, or banners, shall be deemed dlegal pay.
come within the Act. Suppose there be proof of •
contract, and any depute erne between the panics,
it wood be Rego under the section and there would
be no c ootrec: at ail in law. lam very army that the
action ItS4 ever 'Nought into the court. It is very
painful fir the Judge t have to decide it. .there has
been a great deal tot feeling eel/int:4d as I have homed
from one applause, and from the reputes that has
parried, and I bops that will be all over, and that those 1
uuncerned in the case viol socially continue to be good '
friends.