The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1874-09-26 00:00:00

IMPORTANT TO FRIENDLY SOCIETIES.

At the County Court, on Saturday last before
Mr. Rupert Kettle, Judge, an action having an
huportant bearing on the relations existing be-
tween Friendly Societies and their medical officers
was tried. The plaintiff was Mr. Pearce, surgeon,
of Brierley Hill, and the defendants were "The
People's Family Life Assurince and Sick Benefit
Society, Dudley." The claim was for £4 15s fid,
for wages in lieu of salary.
Mr. Elcock appeared for the plaintiff, and Mr.
Stokes for the defendants. .

Mr. Elcock was about to open his case, when
His Honour remarked that before he could pro-
ceed it would be necessary for the plaintiff to show
that the society was legally incorporated and that
its rules had been certified by the Registrar of
Friendly Societies.
Mr. Stokes remarked. that he could non-suit his
friend on technical matters; but he would admit
that this was an incorporated society, that it was
registered, and that the rules were certified.

, -
His Honour What are the rules as to the sur-
geons?
Mr. Elcock : There are none.
- -

Mr. Stokes: It is a large society, and I dare
say thertAare 80 to 90 surgeons.
His Honour : To my utter astonishment, this is
put "wages in lieu of notice." You cannot say
"wages in lieu of nptice." How can a surgeon
be paid wages?
Mr. Elcoek : We will put it as compensation.
His Honour: Then what is there to justify you,
in point of law, in getting compensation: Shall
I try it as wrongful dismissal?
Mr. Eleoek acquiesced, and proceeded to say
that Mr. Pearse had for several years acted as
doctor for the society until December last, when
he applied for an increase on the rate per member.
The rate per member was then 35., and he asked
for 4s. per member. The society passed a resolu-
tion to the effect that they could not accede to the
request of Dr. Pearse, while there were duly quali-
fied practitioners in the district who would accept
the duties on the existing terms.

His Honour : They had a perfect right to do
that.

Mr. Elcock continued to say that Mr. Pearse
had seen Mr. Thompson, the secretary to the so-
ciety.
Mr. Stokes :We had not a written notice. We
had a verbal six months' notice.

Mr. Elcock : After this Mr. Pearse gets a letter
from the society in March paying the salary to that
date. Your Honour will observe the notice expires
in June. In March he gets a letter fions the so-
ciety, saying that one of the agents would call
upon him, pay the amount then due, and his ser-
vices would then be dispensed with. Mr. Pearse
writes back—His Honour (interposing) : Why
could not that be done ?

Mr. Eleoek : We say he is entitled to six months
notice.

His Honour : You must prove it. That is the
issue we have to try.
The plaintiff was then called, and in answer to
Hr. Elcock, stated that he had never had any
special contract with the society he took the duties
in the usual way.
Mr Stokes : He succeeded to the practice of Dr.
Corbett, who was the medical officer.
_ _

- ,
The plaintiff I succeeded, and attended on the
same terms as Dr. Corbett. I never heard any-
thing said, but as to the usual terms of all clubs.
The rate per head was
.3s.

His Honour :Up to this time. AK we want you
to prove is that he had a right to six months', or
to any notice.
Mr. Elcock handed to the Judge a copy of the
L ancet containing a judgement by Mr. Kettle which
he submitted was relevant, and supported his
case.

His Honour remarked that in the case in ques-
tion, the appointment was for twelve months.
That aas the element in which Mr. Elcock was
wanting in this cause.

Mr. gtokes : I think I can shorten the case by a
document which cannot be disputed. We gave
him notice, which expired at Midsummer. His
claim is for a quarter's wages, from March to Mid-
summer. Here is his bill up to Midsummer_
paid.
His Honour: If there was a special contract, I
should act upon that, I understand there is no
special contract, and, therefore, it is for you to
prove that there is custom.

Mr. Elcock : That is Wit:i I was Coming to. Well
now, Mr. Pearse, what is the custom in the dis-
trict as to discharging a medical officer?
The Plaintiff : Six months' notice; and it is
regttlarily laid down among surgeons that they
won't take clubs on other terms.

His Honour: That is one half the know-
ledge required. It is a very important matter.
The papers watch the judgments of local courts
upon these matters, and I cannot complain of it.
If I say the surgeon is entitled to six months'
not ice„l should probably be held to lay down a
precedent that all other clubs and surgeons should
act upon.

Mr. Elcoek Perhaps the better way would be
to apply for an adjournment, and take other evi-
dence. I appear for Mr. Waldron, and am only
just instructed.
His Honour I don't know whether you are just-
ified in asking Mr. Pearse to bear the costs of an
adjournment. Before you ask for an adjournment
consider what is the custom and consider what
evidence you would require.
Mr. Elcock : I should say, if I brought other
surgeons to prove that it was the general custom
of the district, I could not give any stronger evi-
dence. . _

His Honour Would that be sufficient?
Mr. Elcock : I think so.
Mr. Stokes: I will assist my friend. This so-
ciety is the society of the district, ntuubering 15,000
members, and it has acquired a reputation for fair
dealing which I believe no other society in the
kingdom has. It has a large number of surgeons.
Besides which it has a large amount of property,
on mortgage; and during its existenee of 15 or 16
years, it has never given or received notice to any
surgeon. but it has discharged a surgeon at a min-
ute's notice. •I think that isof the highest import-
ance. .

His Honour: I call Mr. Elcock's attention to
what it is necessary to prove to show a custom of
this kind. He says he will bring other surgeons.
That would not be sufficient. It would only be half
the fact. You would have to bring other medical
officers and other friendly societies to prove the
custom from time immemorial, which you could
not do.

Mr. Elcock Of course I could not do that.
His Honour You heard what Mr. Stokes said?
Mr. Elcock If your Honour requires evidence
from time immemorial I would not advise an ad-

journment.
His Honour :I thought I might be able to induce
you to make a proposition, and I used the term
"time immemorial" because it is the term made
use of in the early law books, and I thought by us-
ing it I might:bring you into the right train of
thought. But I don't seem to have succeeded yet
because you take up the words " time immemorial."
It is not because I have any unwillingness to try
the case on its merits—and a case of this local im-
portance, I wish to give you an adjournment, if
you have the slightest hope; but you will have to
pay the costs.
Mr. Elcock : I .will take anon-suit, your Honour.

MR. J. COOPER'S HANDICAP.—This, the first of
a series of handicaps, was commenced et the Ridge
Top Running Grounds on Saturday last, and was
continued on Monday,. There was a large attend-
anceeach day, and some capital sport was witnessed.
The 'following is the result of the two days' proceed.
logs:-1st heat, G. Bennett, Stourbridge, 20, W.O.
2ud heat, E. Abbott, Bretton Lane, 23, w.o. 3rd
heat, W. Maley, Brettell Lane, 23, w.o. 4th heat,
Ky Spearse, Wordsley,34, beat G. Payne. Bretton
Lane, 27. sth heat, H. Payne, Wordsley, 15, beat
J. Wood, Brettell Lane, 221. 6th heat, W. Snead,
Wordsley, 181, w.o. 7th heat, J. Quarry, Wordsley,
151, beat R. Canner, Brettell Lane, 16. Bth heat,
J. Capewell, Wordsley, 101, we. 9th heat, G. Tim-
mins, Stourbridge, 23, w.o. 10th heat, G. Wood,
Brettell Lane, 251, beat H. &likens, Wordsley,
27. 11th heat, G. Purchase, Brettell Lane, 40, beat
P. Spearse, Wordsley, 181 12th heat, C. Poulton,
Holloway End, 19, we. 13th heat, G. Field, King-
swinford, 14, beat J. Finley, Holloway End, 161.
14th heat, T. Wright, Stourbridge,2o, beat G. Tilley,
Holloway End, 23. 15th heat, .T. Riley, Stourbridge,
20, w.o. 16th heat, J. Roberts, Stourbridge, 18,
beat F. Dicken, Heath, 20. 17th heat, T. Burke,
Stourbridge, 20, w.o. 18th heat, B. Brearley,
Wordsley, 28, w.o. 19th heat, J. Hodgetts, King-
swinford. 20, beat J. Green, Wordsley, 23. 20th
heat. S. Davis, Wordsley, 27, beat A. Wooten, Stour-
bridge, 17. The running off of this heat created
great excitement as the men ran two dead heats, and
the third time Davis succeeded in beating his op-
ponent by about half-a-yard. 21st heat, F. Afford,
Brockmoor, 19, beat C. Rowley, Kingswinfonl, 10.
22nd heat, T. Barker, Brettell Lane, 231, beat J.
Hack, Wordsley, 19. 23rd heat, F. Silvers, Hands-
worth, 151, and E. Chapman, Wollaston, 20, ran a
dead heat, and in the running off Silvers won by a
foot. 24th heat, W. Wood, Brettell Lane, 201, beat
P. Payne, Brettell Lane, 28. 25th heat, K. Bills,
Brettell Lane, 23, w.o. 26th heat, J. Russell, Bret-
tell Lane, 20, beat J. Dug,gins, Heath, 26. 27th
heat, T. Canner, Brettell Lane, 19, w.o. 28th heat,
W. Morgan, Brettell Lane, 21, w.o. 29th heat, W.
Jones, Wordsley, 30, beat H. 8., alias, Wordsley,
191. 30th heat, J. Thorne, Wollaston, 171, beat
Walter, Brettell Lane, 17. 31st heat, C. Thompson,
Brettell Lane, 281, beat A. Jones, Heath, 261. 32nd
heat, T. Parrish, Brettell Lane, beat T. Pugh, Bret-
tell Lane, 45. 33rd heat, W. Rock, Wollaston, 201,
beat IL Cutler. Wollaston. 191. The final heats,

run on Monday, were as follow ;-Ist heat, W. Snead,
Wordsley, w.o. 2nd heat, C. Thompson, Brettell
Lane, boat J. Roberts, Stourbridge. 3rd heat, J.
Thorne, Wollaston, beat Russell, Brettell Lane, and
J. Riley, Stourbridge. 4th heat, G. Field, King-
swinford, beat Alford, Brockinoor, and H. Payne,
Wordsley. sth heat Vi. Jones, Wordsley, beat
Purchase, Brettell Lane, and Bennett, Stourbridge.
6th heat, T. Baker, Brettell Lane, beat Capewell,
Wordsley, and Morgan, Brettell Lane. 7th heat, J.
toarry, Wordsley, beat Timmins, Stonrbringe,
Handsworth. Bth heat, Hodgetts, Kingswin-
ford, beat Rock, Wollaston, and Tilley, Holloway
End. 9th heat, W. Wood, Brettell Lane, beat Can-
nor, Bretton Lane, and U. Wood, Brettell Lane,
10th heat, S. Davies, Wordsley, beat K. Bills,
Brettell Lane. 11th heat, B. Brearley, Wordsley,
beat E. Abbott, Brettell Lane. 12th heat, Davies,
beat Quarry. 13th heat, Field, beat Barker. 14th
heat, Hodgetts, beat Wood. 15th heat, Thorne.
heat Thompson. 16th heat, Brearley, beat Snead,
17th heat, Jones, walked over. 18th heat, Hodgetts.
beat Thorne, 19th heat, Davies, walked over. 20th
heat, Brearley, beat Field after a dead heat. Final
heat, B. Brearley, Brettell Lane, 28. let. 2. S.
Davies, Worthiley, 27, 2ml, is Q. J. liodgett.,
Kingswinford, 3rd, 2s ('el. Mr. H. Parker, acted as
referee, and Mr. H. Riley, as starter.
Enrramismisr.—A literary ant musical entert in-
meat was giv,n in the 1:10:on Hall last night, in connec-
t ~n with the Church of I,ncland Amowation. There
woo a good attendance, and the varinuu readings and
musical parts were well sustaine.l.
Sr. Aline's, STANDEE naL.—Harvest Thanksgiving
Fervicee were held in this church on Sunday last. The
church was prettily decorated for the occasion with fruit,
flowers, corn, the. The congregations were good, and
tire services hearty. The sermon in the morning was
preaheed by the Vicar, and that in the evening by the
Re. F. De Renzi, 111 A , Curate of Redden Hill. The
thank-offerings which amounted to £6 Ss Id, were given
to the Church Pastoral Aid Society.
STEALING A Wane—At the Petty Sessions, held yester-
day, before the Hon. C. G. Lyttelton, and C. Cochrane,
Esq , Henry Hiles, a youth, was charged with stealing
a whip, at llagley, on the 4th that., the property of
Charles Cox, of Cleat. Prosecutor proved leaving the
whip in the cart at the Gipsies"rent, worth 41 61.
Pobc3-constable Trochee, proved that he received the
whip off the prisoner who at first denied having it. The
defence was that he picked the whip up off the road.
Dismissed with a caution.

AbBAULTSABR.—Charlotte Howells, Sarah Mousley and
Rebecca Dancer, " unfortunates," were charged with as.
shutting Sarah Westwood on the 19th inst. Mr. Addin.
son defended, Westwood. the complainant, scot that all
the three defendants beat and kicked her. The defence
was that complainant first struck Mousley„ and they
fought. Faked 2.6.1 each end rants; in default, seven
days DISOADELY CONDUCT—Joseph Jeavons, John
Brown, and John O'Donald, was charged with being
drunk on the 19th inst. Police-sergeant Jones, and
Police-constable Elation gave evidence to prove the ease.
Several witnesses were called for the defence to prove
that the defendants Brown and Jeavons were
sober, and that O'Donald was the only man drunk,
and that he had nothing in the house to drink. The
Bench considered the case proved and fined each of the
defendants Ss tid and costa. In default seven days.

LYE.
DEATH OF A CHILD AT THE LYE.

Considerable excitement has been created iu the
neighbourhood of the Lye by the death, under
rather suspicious circumstances of a child, named
Clara Jane Griffin, aged two years and five months
It appears that on Monday night the father of the
deceased, who was intoxicated, had a quarrel with
his wife, and the women left the house, the de-
ceased child, one of three, being relegated to the
care of the father. The mother returned on Tues-
day morning, and found the door of the house
fastened. She burst open the door, and upon enter-
ing the dwelling was horrified by the spectacle
which presented itself. In the pantry she dis-
covered the child, with its head immersed in the
"sump "—the entrance to the drain where the re-
fuse was empied. Naturally, the mother raised an
alarm, and the father, who was in bed, came down
stairs' and is said to have fainted on seeing the
body of his daughter, whose death, it is presumed
resulted from suffocation.

Ou Thursday afternoon Mr. Docker, coroner,opened
an inquiry into the circumstancesattending thedeath
of the child. The following evidence was called.
Amelia Griffin, mother of the deceased child, said
her husband was a shoemaker, living at Lye Hill.
She last saw her child alive on Monday evening, and
and on Tuesday morning about half-past seven o'clock
she found its body in the sink hole." He husband
was drunk on Monday night, and as he generally
"got on with his stupidness" when he was in drink,
she went out and spent the night from home, to avoid
his unpleasantness. Her husband did not often beat
her, but she always went from home when he was in
drink, in consequence of his " stupidness." She left
home about ten o'clock, the child being in bed, and
her husband down stairs. She slept at her mother's
Her husband having been drinking on the Monday,
she complained of his conduct, and he then said she
should be ashamed of herself; by that she knew he
was quarrelsome, and she left. He called after her,
and followed her up the fold: She heard the child
ei•ying as she passed up the entry, and she afterwards
sent two little girls for the child. They met the fa-
ther with the child in his arms, and he said he would