The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1885-09-29 00:00:00

THE ACTION AGAINST MAJOR STOODART.

A Apftial County Court sitting was held on Friday
last, before 'r. If. F. Gibbons, judge, for the intr.
paw of hearing the action brought by Elizabeth
Muriel Leonard, a Creole, and widow of an Indian
barrister, against Nfajor Stoddart, of the

..._ -
-.nay Dna"- --- . • - ---•— - Staff. to recover CO lbs. 10d. wages an for— -.
- lawr!Zal _ .-..-.
ul Mr. Weleford : Applicati•m was made and a new
was very tastefully de rated exquisite tante hew, the re.edution was.peissed •in the faith of pair holding
dismimsal. The case had previously been Mani, and triel granted. Not until then were eeparato pro.
your demonstratem next an .at :emir ..lay which diephs„a in several of the &wise& Over the corn-
• verdict given in favour of the plaintiff, but the cevelinm taken. lf I had objected at tho beet trial,
• eie. the inscription in white lettere mi a
c•wetild iriv.• aim the i rivi .e • of the sth.-Youni
•'H 1 ' -....tee truly, defendant had appealed for a new trial. A further as I etieht to hay.•d..ne, to the two clam being brought
mun"'n " border, "'Frilly tbal is ii.L',. 3. six.. Ai.. on. . .
red ground with an evergreen
claim we. now inede for £45, as payment of plaintiff's together, you would not have been aware of the .econd
curl- oF liewiLL-TION.
•.121-.. And c,h1,7
wee]," while on the table keel( was a beautiful credo
...,
one, and then•fore you would not have known any•
posed of dahlias and oats. The altar rails, choir
.... I._ weOlwelvwed I,Y
Mr. tl,•mdire and 1./Volved unanimously', that in •,rd..r
_A me. 11.nm...1-Bowen defended.
Mr. Watermen seconded by fare heck to India.
Mr. Wel.f.wd appeared on behalf of the plaintiff, thing about my having brought the two action.. I
beet•tht an action on August Veli, and another on
1 fliltee.)w)derrectlrtasweln, i.ll
beautifullye red.
not to cladi with the thee:ll...ter I ben..netration ~los """
while the 1 11 ,_The cam, was tried by . jury, composed as follows : September lea& and n.,w I am told that under the
%Imam. A. Flennis. 0 I.7.Free A. Graham, S. onementances I cairn it recov..r, Iscanne I some tiny!
la t'he centre .1 the chancel WA• • splendel tike place on Welimelay, th,• It NovendAT tleXt.'
That, the rev. gentleman met left them quite cl•eir
J k d J C. HolMwood. se nen. an J. afterward.. brought the eecen,l aution. This ie smile.
deh""ealtte'di Whenet, barley, and vita, and at the etep was
held the It scheet./ d•enenetration on th,, 'eh,
g elm,. apt Ees, to mat. and otle•efruite.
it having be•m deckled to hear both acti,ms at the thing new :awl milieenl of by Ine.
rls huge • I I
ti;:liieh, of mine., they W.W.I very InllCh ratlier.de.
l'I'"
INI k indly gav e the sheaf, C Wain I Iyinend,
Still, they all felt that... Weymouth had agreed to same time the mem were oixeml by the reading ~f The Jielge :I4,se it eav pee canni,t mower. I
n n. nemicationsohich xaseed betweet 1i• tiff old ea • title Coot has not jurindietion to, deal with
d h ariehionere. The
It: itelin.pkain, and the other vegetable. and fruit. were
the gift of 111 r. W. Tilley an ot er i , . held theirs on the 4th er ilth ef thim year. it was only van "c' no. . • . •. .1 . . iI, a , .3' /
1 right and proper they Amulet give way on the follow. and alajor :?temitirt m %rue ionor to the former enter. it.
ins; her eervice, in one of which the latter 'aid if she Mr. W.deford : I brought the would acti,m, an it
decoration of the pulpit was the work of Nliee I .e•ni ei :
lugi
ye....
(I ear.
bar.)
seat her away of her own accord she would Agree to is a eimition for in. an to whether Imu X. Withdi.en.
end the inet,,,,,1 %Ire Gene :while the Nlieeesl entee,
Mn'.. Fieher, Miss Wynyard, end Miss Burnett aegieted The CHAIRMAN read a letter from Mr. Elwin pay her en 'seem hack, hut if she behaved badly and it. I will 4, so ender c entedsion. •
in the adorning ef the windows, font, and altar rail.. Barnett regretting hie inebility to attend, but anew% took her own diecharge without her (Mrs. Stoddarro Th... 1 wig., : le, we eiy under compulsion.
Mr. Gael** rrndered ',lemon"' re"ice• The eerviees nil the meeting liia owe were the manic, and consent, iihe would have to make her own arrange. Mr. Welsford : For the ',mit.. of maintai ll ill; it
throughout tne dey were .1 a bright and festive char- eipreseing him readiness nto ebeerilie as ileital. Ile meat* for returning. I withdraw the second action.and we 41311 thet be
actor, an aMwoPriate anthem being gung at each also wished the movement every niece... (Applause.) In addreseing the Court, Mr. Weleford Paid his where We Were le•fore fla i Jim.! t not been by my en-
morning " Blessed be The Chairman noneekof am they h 4,1 agree,' to Carry client was engaged to take charge of one child. but ireit, poi would net hive known 'if the XIV ..el aeti.m,
out the demnmenitinn thin year, he hopes! they weuld when she entered into defendant's service mhe found The .liidge : I can only know .1 it bemuse it in
the ea of the Lent " (Guider) ; afterno.m,
" h
0 Lord ow manifold '' (Hereby) ; evening, d„ it well, (Applause.) ere hoped everybody would herself meddled with the care of hive. He narrated the b•fere me.
'Ye ehall dwell m the hold '' (Stainer). Preaching try and do the loot in their power to make the d • cireemstances which led to her diemiesal, and to the Mr. IYeleford : I mhall certainly nek Vl' an 119[!...1. in the ereni"A t" a cr''wded cengregetion. the stration ae good an in former yeane A euggestion liad appearance .1 the whole family before the tnagietrates bmeanee I feel e. strongly on the tinestien, if it In to w Moe. le. Everett) took for his tent Pmalms Lwen made to him that as Wep 11111 l th hal been con- for committing an asnAult on her. b • decided airainet toe.
°tie,. 12th ',erre. • .111 e. earn:will advanced the claims eiderate enough to alter the day, they should send The Judge : What WV; the defendant to do under The judge : I .10 not nee why you should not. I
of the grand institution, for which he eeked their them down a g•esi compeer, and perhaie Weymouth the circuinstancee ? There wam a disturbing element hive thought over the matter, and it is important to
I, a really in the home, which nmet be got rid of, a.s the harmony boh aide&
liberality, the Dorset County Homietal, and appealed would return the onnpliment, and send II
li• • ish te do ite work, and take it.. part in sup- good o.ntingent to I /orchester. (Hear, hear.) of the homehold MIA disturbed. The defendant could Mr. Bowen : Will it n a save tun.. if Mr 1-. hi.
6 g•t Di rang the past year then had been over The following were appeinted as the General Coin, not get rid of him wife or children, and therefore he Weleford withdrew the eeoind action, becatem. we
7:p,,i ~,n,„ .knitted, and 700 outantients had mittee:-Nlevere W. •I• IV. Pike, If. Tilley. P. must get rid of lair eervant, an ahe was the came of want to have thin matter fought "at now ?
been treated. During the whole time of the 8an..„,, A. L T., Tilley, (le Keech, Hayward T. the disturbance. If 'ml r. Weleford could seggest any Mr. Weleford :It wan reeuesteel by you that the
tiompitar aes Oteneemorethan 33.000 persons had been Itegera, liniokeie le. se, itt, Spicer, stem, Moen, W. other mode by which the disturbing element could two actions ehould be bee lot the 'ante thee, but there relieved. He asked lee hearer, to think f,,. ~ one etickiand Christopher, W. Roper, Maiden., A. have been got rid of, I .hi 1,1 be glad to hear it. wm no wineolidat ~an of the claim. That wag not in,
moment wh•at the" failure' really relwomented. It was Herrin, 'largo Einee., le Itobimon. W. Brown, Mr. Welsford: My client was summarily distniseed, much as dreamed of by myeelf.
morn,
noble In, tVenuent. and he CLininntly hoped Holy Hmlder, It. Hazel, Frieling, A. Hill, Charles, New. and for that she claimed a month'. wages. and •,n her The 'Judge: In my .q.inion they are included in
Young, W. It. Iles'ere Virgin, Willehire, Smith, behalf I deny she ever received an advance of 50 the general teem of remuneration fer nervier.. rendered.
Tarinnity parish woruld in its response to his appeal ahow man,
%eel( to be al be ore In the. front rank in its support W. I loul.l. jun., L. 'maim, Betty, Wend, Stovey, rupee, from Major Shnldart when in India. The in all cone. under that, and are claimable tan•ler
erl .6... eta of love and liberality. There was a noble Wookey, .1. Dennie, 11. Screen, and G. Sargent. Plaintiff, who wee examined at considerable length, the ene contract. You have not suggeeted there are
- '•--t - - tee Rector*. call at each of the services the A hearty vote of thank+ to. the Chairman was repeated the evulenre she had given in the court ,in two centracte.
anew,,! f°,......„, she amount of the several collection,: proposed leY Mr. Blows, and e"nolded by Mr. former occasione, adding that she found when she Mr. Welsford : There are two cage." .4 action.
the arrived in England she had five children to take care The •Tudge :I am not speaking of causes ; I m
"I"ing —7,„ ijo. 44d. ; morning. ele 2m. : after. Romtee.-The CHAIiimLN briefly acknowledged
- Early I.Ln. evening, I'S sa. 21.-total, C2ll 10e. 14,1. compliment, and expreesed the hope the demonetra. of instead of one or two When at Weymouth in epaking of actions. The lady wrote letters oy a -
non& I • ..
lergest BUM ever collected in one day in ben would he am geed or better thou in fernier year, .July hot, Maim r St•vldart ordered her nut of the cli,•nt. That contract was incomplete u• 1t
we believe the
oti the ;meth...
After the public :meeting a general committee home, saying "Pack up y ?to boxes and the sooner met at 14ehinapore, and then the lad
the church.
Nil. A L T Tine • wag y maid, " I
-n w ,A, rut sem -At the Borough meeting mu held, when .•A.L. . • 3. . You go the better." She did not go at once ; a.s mhe accept your eervicne." That was the contract I g
Execemmo lIA
II chairman on tile , •oit en
court on Nfondey, helnee the :Valor (Alderman un.iiii,,,,,,,iy r,..„ject, . pry 1 , did me kn„w where to go and wee crying, and after Min contained in the corre.pendence, and corn leted
Prili°a'alaM H puede% Mr. fl• A• I'eorge, Nfe. F. of Mr. T. fj,,,,g,e,, n,,,1,...1 by pr. T. tit. BlioWN.- tea he said "Are you packed ! you be off from here as when eh., tn..t the plaintiff at Dehinapo • They r
''s r'"f"rfes" -19-r• • Hardy d Mr. J. Tudor. Gerard It was proposed by Mr. W. IL ito.:kais, sec...tided by soon am you can, or else I will bring polka'." S 111 1 1 • • rt.
e" for.
the he Mu ate one daunt an, t 'at c ann cannot be • split. It
iia_.••"°`,....e, "'r.."-- i-irriees "' an
charged with exposing Mr. Wool, that Nlr. W. .1. W. Pike be vicrechair• then left the house, is not lawful for the plaintiff to d••fine the courme of
'-''''''•-•"" •---- 48
h food in the market on man.-Mr. G. Eisen prew.weL awl Mr. T. R0,.613.1 trpon being crms-examined she maid she had told action fee I' • - •
tringing tee or more suite
for sale unfit meat for unman
that Mr. Ilarratt be appointed to•aeurer. -
Seotember .- •
Icste ees winiam Chick, Inspector of sec mded. t • • Mrs. Jean., the landlady of the Park-villa, she could 1 Nle. Weleferd : One may be abandoned.
a • eh de in neetmc he went to the It was orotesed by Mr. T. ROGlgns, second,' hy Hr. net put up with such treatment, and wag afraid she The Judge : They cannot be abandoned at the trial
Nuisences, said on e 7 cl ith Mr. E. J. Day. A. L. T. Ismegy, that Mr. IL Tilley be appointed would be obliged to' give • month' Market House in toompeny w
s notice, ler& without the consent of both pastier, If abandoned,
Defleadeat bad • stall et the market. He had a secretary. Jeans then told her no English servant would put up it must be before the entry of the plaint, You may ,

bring an action, but it must be in a surerior
Giurt. . .

Mr. Welsfor I: The contract wee for entering into
iorvice. There was an azreenvint as to what was to
be 1141 for that arcice, but beyond that there was ft
conditional contract, which was semething quite
different. It wi, -•" If 'Adonis. you here in England.
theii a,,1 th.ll ..:11v will I rotor., yola ti I iuihia and
that cannot I. t .ken as psrt of service. 03 lii,. 7th
July, when my poor client was turned out of the
hone.. she was entitled that very and could have
brought an action for warvices. At that time, h.,w-
ev,r, she could not his.. bratight an action for the
Mini Isdoli ',moss' to India, and yon 111114, 11.4,1
dui ler these cirennedmices mile.. I abandoned
my claim that I trail n I.n ti,. . A right to
briuv my action for W•1:1•A• Plaintiff must wait such
A r, A.,nrti,lo, time al wo:dil the &Implant to
Fe? .iro ar t.• lulls. Th.• Act ii.,, hail lit and
could not arise until she had lawn dismissed from
service.
The Judge: It is now simply a question as to the
jurisdiction of the Court.
Mr. Weldon! : I nay that one cause of the action
did not and could not althle until something had
occornsl. and that occurrence was one that pat an
end t • the clMin for service.
_

The Judge: Are you going to say when you brought
the ati.imon the 15th August she had no claim for
anything h iyond the
Mr. Welsford : was isoind to allow •
reasonable time to elapse to enable the defendant to
return her to India. He could not do so in a day, •
week, or perhaps a mouth or t WO, as the steamers go.
The Judge : Are you going to contend that six
smelts should have idapsed ere he returned her? Was
not everything complete on August 15th. If he were
hound at all to soul her hack, he could have given her
the money, and she could have got hack.
Mr. Weleford : The very instant the two action+ are
coloolidatol I time out of court. I have not con.
solidated them, and therefore I can recover under the
first. I contend the question as to the El 10s. saves
in.., and there is no power in the court to consent to
the contolidation of the action.

Th•• Juihre : The objection ix that you plit thorn.
II not split they would be under the juriadietion of
the court. If split, you have done that which the
antiit • says you should not do
Mr. Wel.(ord : I never consented to the conadids.
tion ..f the two action.. You (moaning the Judgot
could 111,4,831 d "W,' cannot take thorn tether • I
have no jurisdiction to do it." My friend &lied
particularly that the two easeo might be tried at the
saint. thee. I say the two actions could not, under
anv eirenin.tances, ho made ow. action.
the Judge : I airs not saying you have not the right
to recover, but only that thri Court has no jurisdie-
tbui. lal 1.1 be very glad if the law gave nie power
to deal with it, but the law Kaye expressly that I
should not deal with case* above *no. and further that
juriviliction should not be given for xplitting the
denaseja. That ix jii.t what has been done here.

Mr. Bowen : The defendant would consent to the
withdrawal .4 the £45 action.

Mr. Welsford : I should ho personally liable to pay
the costs of that action if I withdrew it, and my poor
client will Dot have • farthing with which to pay
. .

Mr. Bowen : My client would not have come hero
an respect to the oue•ition of the wage* in lieu of the
month's notice. The ouesti.m as to the payment of
the fifty rupees is the no about which we wish to

Argue.
Welsford : I will take your Honour's ruling
that we cannot bring an action, and I will go to the
Court of Appeal. At the same time I contend the
two action* are separate and distinct. (Applause in
Court.)_ . _ _

.....
The Judge: What necessity is there for saying any
lnore Tb.? two actions form one demand. If you
had hrought the two actions under 40, or for CriO
only, this point in dispute would not have arisen.
Mr. Welsford : Was I wrong in bringing au action
for IN li. 10d., which woo the first action tiled.
The Judge did not answer the question in i direct
manner

WINTBRBOURNII ABBAS.
LIBERAL Merl-mt.—Mr. Cary Batten, the Liberal
rawhilate for Went Boro,d, had a toot sucaisafill
tneetin • here on Thurs.lay evening, the largo no on of
the "Coac:i and lloraca - being well filled by wan, 2 td
earnent and enth.oiantic Liberals. The chair w.ci
t l'o•ii hy the Rev. Mr. Davis, and after that gentle
loan hicl introduced the candidate in a few earn a •
word., Mr. Batten aildreased the meeting at lewd.,
dealing in order with the hintory of the Francqine
/mention, with Free Trade and the cheap
lot 7 and the latent proposals of the Fair Trade
OhlllllDi. Ma, all limning thence to the gr•nst Reform rill
of the Liberal party, anal to th.• hr•-•nt prog.sinm •
..1 their grit leader, Mr. I I Iati•I• Dm. - to. I 1..• iiiit,li..ll4
•It ialmi IL•liwila. I L nutty I :, werninentotii,l Felticati.ei.
Mr. Bat- II win follow,' throo.tleest with tie. 1.11..4
nttenG et hy Ow !ante aniti.m n•, wiiilAt the ronain:
1 lir • of eoni:nent front cliffen•nt ii.trt.4 of the li.. in
iiliowed the intelligent interept 0( hi* hearers in the
questions touched upon, and their keen sympathy
with tho views set forth by the npeaker. This was
nowlwte more manifest than when Mr. Batten at as
expoaing and de wincing the fallacies of the Fair
Trade party.--Stirring addremies WIT° delivend by
Mr. Bartlett, an-I Mr. eh...ter .boiept, and attar a
hearty rote of dinilloa to the chair:pm,, the mieting,
which had from beginning hi end Mien nanarkald.• for
its 1111311iM.0111 and eittlausiantic ch.tracter, concluded
with loud cheer+ for Mr. Batten 311.1 fog Mr. I ;lad •
*bine, and the hitiling of "I;m1 :4:tve tho queen."