The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1881-02-22 00:00:00

THE DORSET Mum ExpßEss AND AGRICULTURAL GAZETTE, TUESDAY, FEBRUARY 22, 1880.

DORWINSTBR COUNTY COURT.

SCUTT F. L. Wit. COMPANY.
. against the ComPtarls for damage to
This was " "Son brought by Mr. Scott. Jeweller, of
Cornhill. Dorchester
t" watel,ess during transit from London to Dorchester.
Kinglake, instructed by Mr. Elwin Burnett,
solicitor. if Dorchester, appearsd for the plaintiff, and Mr.
B. F. Lock, for the Company.
t It, °lr_pitalt the case Mr. Kinglake said in September
too Piaiutiff ordered two watches from Meurp.
Druiff, wholesale watchmakers, of London. Mr. Scott
had received orders for the watches, which were of •
speeial make, and not tiny to get. They were sent down
In Sept-mber, and arrived on October Ist. On their
much injured se to w ao
arrival Mr. Scott found the CAPCS very much anisehel.
In the presence a his ece he Opened the cases, and found
the atchee
utterly worthless,
so far ma the cases wen) coccnned. As he found they
were of no use t 'him he immediately pent them beck to
the station, and from that time to this he had never seen
anything of them. Therefore be (the leerned counted)
admitted there had abeolutoly been • conversion of the
' watches by the railway company. The company had paid
L 210.. into Court, and in a case like this where the com-
pany had taken the watches hack.sod where there had been
I absolute conversion, he was entitled to the whole value of
the watches. If the watches hid been merely damaged
1 the plaintiff would have lehm entitled to have them
I repaired. and to have claimed any damage for the loss,
1 but where the company hit liken them hack, and paid
£2 10.. Into Court, it was note quertion of damage but of
aas Aut.) conversion.
Mr. Joseph Scott said he was • watch &DA clock maker,
and carried on business in this town. In Soptsruher last
year he gave an order to Messrs. Druiff for two silver Elgin
American watcher. Tirov weri sent down to Dorchester,
and on their arrival, on ti !Ober Is. they wer3 bronght to
his shop. The 1.. x was u shed in ouch a way as to have
attracted the notice of the people at tho sta.ion. One of
the watches was honelcosfy crushed, and the other con-
-1 'Adorably assuaged. They were utterly unfit for the pur-
poses for which he wanted them. Otto of then, could not
I be put in the same seat a;ain. The price of the watches
was .f:3 9.. 61. and £3 es., according to the reduced price
I Hate the company—altogether £6 175. 61. He was unable
, to will them, and they would b.. no use to him, lie le-
' pocked them, and gave his son iestructione to take them
beck, and he took them up to the company's premiees.
Ile had not seen them since. Ile had not naked for them.
Ile had made efforts to get two 'limiter watches, hat had
be'n unable to do so, one firm at Bristol saying there were
none to he got in England or in the United Stater.
Cross-examined by Mr. Look: The £3 9s. 91. was made
up of • watch costing 1:2 4.. 51. and a hunting case LI Si.
It we. swatch of this sort that was crushed. He had not
yet paid for them, as the account was not due. He
should not have had discount for cuts on these priests lie
did not apply to Messrs. Druttf for similar watches, because
they had no more of the Mad. The watchee had not been
offered him. He had not prevented Messrs. Droll! settling
the matter. In the first came they positively declined to
settle It, and on their writing to him again on the matter
be advised them not to settle the matter, but leave It to
him. He did not examine the watches in detail; but be
examined them sufficiently to tell that one was hopelessly
crushed and the other much damaged.
The watches sera produced and handed to the Judge.
His Honour remarked, as be has at other Courts, how
desirable it was to have an assessor in such cases. If he
had a watchmaker near him he could do justice to the
case. Ho hoped the legal gentlemen present would assist
him in this matter, so that whenever they had cases in
which the skill of an expert WU required, lae should have
the benefit of an assessor. It would then relieve him of
a great deal of anxiety and responsibility.
Frederick Scott, son of the plaintiff, said he assisted his
father in his business. He remembered the watches
arriving. They were hopelessly damaged ; In one of them
the case was crushed, and in the other the movements
were damaged.
His Honour remarked it was a pure question of damage.
Frederick Walker, of London, was called for the defen-
dants, and said he had been in the trade 29 years, and had
greatex parlance in repairing watches. He had examined the
watches. One was very slightly damaged, and the other
more so. The quoted price, he should think, was correct.
He estimated the price to repair them at 355., and he had
offered the acaspany to dolt for that.
Mr. Lock pressed the plaintiff for the invoice of the
watches, but Mr. Scott said he was unable to produce it.
It had been mislaid in some way.
His Honour then gave a verdict for Li 17s. 61., beyond
the amount paid into Court, and costs. He remarked if
counsel had not been brought, and the case had come
before him In the ordinary way, it would lasted about a

Th. Judge: There mast be • woad here for plaintiffs
with coem. .

Execution was stayed as in the former ClUlt.
ABBOISBUILT RAILIVA I V. ?BID VICANON INSOR.

In this case Mr. F.nsor ass vied for strews on two
shores. of which he had only paid Xi on applicat on.
Mr. Manileld gave similar evidence u in the other
C 1404.
Mr. Pearce, clerk to Mr. EIIIOT, asked leave to speak to
the jadge. He contended toe plaintiffs had broken faith
in the matter. In both the cases in which the Messrs.
Lwow ippearMi they had undendood it nould hive born
settled out of court, and he haul been left with a thetill 3
, for the purpose.
Mr. E I win Burnett: I contradict that entirely. Why
didn't thly pay it 15 days .g ?
His Honour : He excuses pa the ground of breach of
faith. _

Mr. Burnett: I object to thst.
Hts Honour: I don't say there is. I used the words
after this witness. Ile is on hi s oath.
Mr. Kinnlake : Ile has not haen sworn.
Ilia Honour: Sweet him, than.
Mr. Pearce was accordingly sworn....

His Honour: Do you know anything of your own
knowledge with regard to any arrangement with the
defendants?
Mr. Pearce replied it was simply this :on Mr. &mar
being served with &summons be saw Mr Anderson. chief
clerk to Mr. Burnett, arid told him Mr. Brume did not
desire to eppear at ()oust. and that he would pay. He had
seen him several times since, and it had been fully under•
stood that the matter would he settled out of Court. On
the day previous be went down to Mr. Burnett'soffice, and
he had a blank cheque in his pocket to settle both the claims
against Mr. J. T. and Mr. T. Vernon Bailor. He wanted an
allowance off, and the intereat as it had been allowed in
several eases before. The Messrs. Bogor had an outstanding
account for hiving valued land at Broadway, and he want
again to the office. and Mr. Burnett said he would accept
th. cheque lass the interest.
His Honour asked if ttia was true.
Mr. Barneit : I deny it entirely. They wanted to take
money MI which I knew nothing about.
Mr. Kinglske remarked if the defendants liked to move
for anew trial they could do so.
His honour: If I had stayed execution to lay no as to
enable the defendants to move for it to be set aside, on the
ground that there was an erratic, mmt made, the arr g• -
meet was departed from, for Mr. lits-riatt says not only
did they waut too iut:roat taken away but other
charges.
Mr. Pearce : Your Honour must thoroughly understand
that the charge was for valuation of land belonging to the
company.
His Honour : I must leave you to move for a new trial
In the ordinary way. He should nt.t stay execution in either
of the Messrs. Ensues cases.
Mr. Kinglake said as something had been said by his
Honour shout the line. Mr. Manfield asked him to state
riblicly that not only would the line be made very shortly,
but if people had only paid up their calls, the works would
never had been stopped. lie might furthermore say that
arrangements have been made whereby there was every
prospect of the line being opened in • very few months.
" Oh, oh l" and laughter.

Correspottunce.
THOMAS CARLYLE.
To Tho Adiior.

8114—Everybody will endorse what Mr. Neave bee
uid—that with Mr. Carlyle u the central figure in
English literature, and as the meet original and pro.
found thinker of hia age, the Christian pulpit has little

concern.
What than is Mr. Neave's excuse for preaching a
sermon on Thomas Carlyle, and dwelling on his virtue
as an example for young men I That a great life has
been lived, and that the spirit of Mr. Carlyle has
largely fashioned the thought of his age, also that he
is likely to influence the ages to come?
That, intellectually, Mr. Carlyle ham exercised a
potent and subtle influence over men, Mr. Naive
included, nobody can deny, but that he had ever •
religious influence such as to justify • sermon in West-
minster Abbey, or South•street Congregational
Chapel, Dorchester, I very much question.
With what religious body did Mr. Carlyle identify
himself? If with none, then may we reasonably ask
what guarantee have we of the creed he held and
the soandneas of his faith? In the quotations which
Mr. Neave gives from the writings of Mr. Carlyle, I
recognise the spirit of • genuine Christianity; but
when Mr. Neave says that nothing but faith in eternal
justice and rectitude, in the eternal distinctions
between good and evil, between God and the devil,
could have inspired the life work of 'Thomas Carlyle,
I would remind him that this alter all is not the
religion which will save a man. The devils believe
and tremble. Mr. Neave has manifestly failed to
show that Mr. Carlyle was a sincere Christian. That
he was • deep thinker and a great Gsrman scholar,
who will question? But is it safe to bring before a
congregation this intellectual Columbus and to exalt
him as one of the prophets, as • burning and a shining
light?
To teach men to bless themselves by honest noble
toil WAS indeed good of Mr. Carlyle, but if Mr. Neave
would hold him up as a pattern for Christian men, I
would ask for more evidence than appears in the pub-
lished sermon.
Nothing can be more dangerous than the broad
churchism which would class every man a Christian
because sincere and because a worshipper of nature
and of the G a of nat ire. God must he approached
not through outward objects, nor yet from individual
impressions and lnliefs, excel,: as Christ is personally
accepted :is the sole means of ace t the Eternal
Ear and ills blood and righteousness acknowledged as
the only possible means pi salvation.—Yours truly,
W. 11. BRADLEY.
Salisbury, Feb. 15, 18S1.

WRYKOIITH.

LECTURE ON' HEALTH.

In connection with the Weymouth Lecture and Enter
tainment Society, an excellent lecture was given on Thurs-
day evs nine last, at the Royal Hotel, by J. J. Pope, Eel.,
the euhject beteg " No. On.: his very good health.'
The wall behind the platform was occupied with • large
number of pointed placards, showing • mass of scientific
facts in c inflection with the subject, and from Chore we
learnt in particular that nal should have—plenty of fresh
air, peel eating and drinking, • fair amount of work,
some time to play, • suitable wardrobe, and an easy mind.
The Rev. R. GILBERT. headmaster of the Weymouth
College,said it was intended that • gentleman of Mr. Pope's
own profeesion should introduce him ; but as lie was obliged
to treat himself according to his own profession, be, Mr.
Gilbert, took his place. The being one that comes very
CIOI.O to everybody, nothing more would be required to
induce them te attend to what Mr. Pope had to say.
Mr. Pore after a humorous introduction, said that
noxious melte, impure water, foul air, and univholrsome
food, are all produced by man spoiling their, and he C 0,11,1
not imagine that pain was intended by a kind acid friendly
God to be suffered, as all things came pure and full of
delight from their Maker. Money will not buy health,
and simple poverty need not drive it away. We trust too
much to the medical officer of health and the Corporation;
but sanitary rules are only useful when individually
spoiled, as the use of pura water, froth air, healthy
exercise and good food. Man is a self-warming machine,
capable of oiling, cleaning and repairing himself without
stopping the evrk. Our warmth is produced by the
combustion of wet food, slowly and without light, and
not a single part of the human body is permanent, being
renewed every 40 days. The first requirement is ph nty
of fresh air, for in the air is contained the principle of life,
cxygen gas, and the first breath gave us separate
existence. The air we breathe into our lungs is very
different from that we breatho out, the ftr.t c intaining
21 parts in 100 of oxygen, while that breathed out h as only
16 parts, five having gone into the blood to keep us
and being replaced by five of carbonic acid gu, the
carbon of our food having been burnt to keep us warm.
Tbig combination takes place in the very tissues of the body
itself, so that we are burning away bit by hit continually,
and the ashes and smoke of this burning must be cleared
away, or we shall be like the kitchen fire that has become
choked. The wind is always blowing more or lees in the
streets of Weymouth, and its use is to clear away
dangerous gases, so our breathing is but the blowing
through our body of • fresh wind to clear away impurities,
and we have here the true preventative against illness.
But there need be no difference except in warmth between
the air et our rooms and that outside, the test for impurity
is when on coming in from the open air we perceive
"stuffiness," the rooms should be perfectly ventilated,
and the smaller the room the more rapid should be the
ventilation and by this the poor can get as muck air RE
the rich. Ben live by thousands in • very small space;
but they make good ventilation, and there era always
number of them flapping with their wings, and when they
are tired others relieve them. Children require plenty of
fresh air, nurseries should be at the top of the house,
where they are warmest, lightest, and easiest ventilated,
and mothers ought not, when they take their babes ou,,
to put their heads under the shawl, for light contains in
every ray the principle of active life. Sick rooms also
should have plenty of light, sunlight if possible, but not
so as to 11:100111010de the Patient. But children should not
be cold, for it is a mistake to suppose they can be hardened
by short sleeves and bare legs, and the best temperature
is fa tween 60 and 70 degrees. The bad air rises to the toy
of the room, and stays there while the temperature is kept
up; but when that is lowered the foul air comes down
again. One way to avoid this is to open the window at
the top for five minutes, and the bad air will go out.
Bedrooms should have spun fireplaces, and no bong.
Inge round the bed, no carpets, which harbour
organic poison, but only rugs or piece, of carpet, which
can be shaken out every day. For ventilating • room
without allowing direct draught, the lower as, may be
raised, and the opening closed with • hinged piece of
board, fitting exactly; the lair then passes between the
meshes, which, for security, may have a long screw passed
through the woodwork. All windows, if possible, should
be made to open at the top as well as the bottom, and thus
with perfect ventilation we may live safely in a small
room. Next treating on food, he showed the body of a
man weighing 1641 be. contains about 111Ibs. of water,
leaving only 431ba. of quite dry matter, and for children
the proper food is milk, containing 86 parts in the 100 of
water ; 4 parts of cheesy or nitrogenous matter, for work
and repair; 8 parts of butter and sugar, which is burnt for
warmth ; and some salines to diesolve the fat. We want
similar matters in whatever food we eat, and they may be
got from the vegetable kingdom as well as the animal,
while we don't sufficiently value the common sorts el fish,
as sprats, brill, plaice, flounders, and the fatty fish—eels,
salmon, maekeral, and herring. Oatmeal contains as
much nitrogen and almost as much fat as flesh meat; but
potatoes have in every pound three-quarteraor 75 percent.;
cabbages, 91; and carrots, 86 per cent, of water. Potat ses
have only starch and water, exceed • quantity of saline
matter, which is wasted by the English mode of peeling
and cooking. Nitrogen is • necessary element, boo nose
by it we hear, see, taste, and feel, and as allmmen con-
tains it, and the white of the egg is pure albumen; the
vary egg you eat for breakfast is the means by which you
can read the newspaper, and understand it at the same
time. Raw white of egg is the most digestible
thing in nature • but when it is boiled it is
coagulated and indigestible. Spirit also will coagulate
the idbumen of the food, and spirit-drinkers must
sooner or later suffer from indigestion. Bu; coagu-
lated albumen will dissolve mein in salt water, so nature
teaches us to eat salt with our boiled egg.. We eat butter
with oar bread because bread does not eontain enough fat;
and If we can't afford butter we buy fat pork. The young
recruits of the army, he always found, spent their money
In the canteen on butter, cheese, and bacon, till the older
withers got hold of them and taught them to spend it on
wane—drink and tobacco. The remen the recruit spent
his money thus was because the soldier.' diet does not
provide enough of the elements found in butter, cheese,
and bacon. We ought to eat slowly, because saliva turns
the starch of our food to sugar, and to consume watercress.
mustard and cress, or even dandelion leaves, the ereofttel
and broths of meat should be taken with them, because
of the valuable saline matters therein. A fair amount of
work. and sometime to play are also required, and real
ransoms fun is as necessary for girls as boys Girls are
tohoettherksan
roe vessel,
bust
id niuic
but have been
.se their made
eir brothers,
so: when
bornbu y we e
those around. the baby said-- Poor thing I Sure to grow
up crooked I" they put smue bonto round it to make
it straight, whereas, let the girls alone till they are 19 or 11,
and they will have straight spine', and better figures than
any with stays. And let girls have merry genes. and get
th
colourrwwd every
Stays,a y, and that will Lave their putting it on
is.y
form'
figure, they shorten the laced
tight
or
not,
era
incompatible wi a natural good
breath and lengthen doctors bine; every woman who wears
theist shorteni her Ills, and the only good thing gild of

them wee that they kin off the foolish girls. Speaking
of shoes, the lecturer point id out we walk with the ball
of the foot, not stand on it— se viand on our beak; but
monkeys awl gorillas walk with the heel lifted or, and
, young paople of the praseut day have such revareoce
for their ancestors that they try to imitito their gal'.
haying high heels to their boots at the cast of much tor-
ture and injury ti the foo'. Thera should be an Maim
apace loatween the great toe and the second, awl to allow
this the shoe should b., straight from the ball f the toe
towards the hose!, not allow.ng th great toe to be pushed
lower to. Let the shoemaker measure you standing. •
measure both feet, hecati.c there is often • c insiderable
difference in eta-, and the awes should have low heels
and square toes, awl lb cu•touser should cow.ent to
take an uncomfortable shoe on the oleo it will svork emir.
The man who would put you with such • shoe (Yl4'
deserves to be called a cobbler, he w•uis yuar to a to
improve his bad work. In conclusion the Ice.urer p Mated
out how useful is paper to kelo to warmth, when put on
a bed, or made into • protector for the ch,r, and
broom n paper roles far your boats ate warmer than felt
or cork.
Th., lectors was enlivened by many wit'it erns. which
commended Mr. Pope's lecture s'all more ; but th• lecturer
was himself ouch • stout figure th it the srplioned wcro
well divoiwil to lietsa to his teachings how to an vary
good health.