The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1866-12-11 00:00:00

PEK:ECITTION OF AN EDITOIL

-
so who know anything of newspaper work are
...re that the trials of an editor are greater than
erd,„,nly fall to the lot of other men, but a Me
ant. before our County Court last Tuesday which
ohoit. in very strong relief the serious legal
he takes upon himself by allowing
to name to appear as "Registered Proprietor,"
when it does not suit the actual proprietor thee to
oclr before the public, and the indifference with
3erhb such actual proprietor will leave him to shift
for Miura as best be may when a monetary diffi.
cuny arises. The cue in question was an action
brought by Mrs Jane Donn, of the Junction Hotel,
ti Ii town, against Mr. William Wallace Fyfe, as
l•'1 t r and Registered Proprietor of the Dorm
•
Chronicle, to recover £34 7s. 6d. for horse
siid goods supplied. Mr. Weston for plaintiff,
mid Mr. Locke for defendant. The claim as to the
,ds sas admitted, and about £3 besides as
;tarred for horse hire for defendant's private put.
but the other portion it was contended we,
.in.arred in carrying on the business of the Chronicle,
awl, therefore, ought not to be charged to the
defendant, hot to the actual proprietor of the paper.
_mr. Weston maintained that Mr. Fyfe was the
00y person his client could call upon for payment,
and that she bad nothing to do with any private
arrangement between Mr. Fyfe and the other
perans associated with him in conducting the paper;
If Mr. Fele was liable be might have his remedy
*4siostouch persons either at law or equity. The garde
a. stated in evidence, the delivery of which occupied
010,,t,swobours, may be thus summarised— Mr. i'yfe
was the Editor and Registered Proprietor of the
howl chronicle for eight years, terminating his
conocction with that paper at Christmas, 1864. At
I.l.lrolay, 1860, he removed from Dorchester to
I side at Charmin' ster for the benefit of his health
that he might be the better enabled to carry on the
lowness of the paper. The helms he occupied was
let to him by Mr. Williams, the proprietor of the
Moot Ckronicie. Shortly after that time. Mr.
Fyfe went to Wells at the opening of the railway, to
report the proceedings for the paper. and, that night,
most unfortunately, he slept in a damp bed, which
resultei in a serious illness the effiets of which
remain to the present time, and rendered him in.
capable of walking fora long period. As he could
not now walk between Cbarminster and Dorchester
.is he formerly did, and his incapacity was sustained
o bile on the business of the paper, as one would
.3.turaffy suppose, a conveyance was placed at his
:avow]. and twice a week, viz.. on Wednesdays, the
poidishing day of the Chronicle, and Fridays, the
puidolosg day of the Southern Tones, Mr. Fyfe was
fetched by a person with a horse and four-wheel
'applied by the Junction Hotel, from Churnineter to
the °dice in Dorchester, and was, later in the day,
taken back again, and at other times the carriage was
as.,l by him when going out on businews connected
with the paper. A special agreement was made as
to the amount to be paid for each journey, but no
evidence was offered u to who were the contracting
parties. Plaintiff's son was the only witness on her
Malt, and on this point he said "lb. agreement
Ina made by my father or mother : so they Lave
t. 1,1 me." The father died a few years book,
bit Mrs. Dunn is living, and could, of course,
hive spoken positively on the matter, but
*ha wee not called. Mr. Fyfe said "I
4;.1 not make the arrangement, but I sanctioned
A by availing myself of it to carry on the
beim, is of the paper." The orders for the carriage
sppear to have been given in this way. Every
looming a boy from the office curried the letters to
Mr. Fyfe's house at Charminster, and when there
inquired if Mr. Fyle was or was not able to go into
ii,orheider that day, and whether he would or would
nit do ; and, according to the answer he received,

1, went or refrained frni going to the job master to
0.3. r the carnage. During Mr. Fyfe's connection
with the Chronicle, he said the bill for matters on
Cis owe account was delivered to himself, l.t the
!di for charges incurred by him in carrying OD the
!Kisumu of paper was made out separately and sent
to the office. The 1861 account for horse hire
not he found, the 1862 account plaintiff's son
"lodieved" bin father received, and a subsequent
account of £l2 9s. Oil. he "believed" Mr. Fyfe
boneelf paid to him : "he could not swear it. Mr.
Fyfe's evidence was that he bad never paid that nor
any other business &cogent. Plaintiff's ledger did I
not throw any light on the subject, for in one plane
the account wan headed "The Editor of the Porad
county ehroard•," with the words in small letters
orpleroesth in hruliets, 'W, W. Fyfe, Esq.," and,
in soother, defendant's name only. His Himont said
the thing was the same, only in one case the descrip-
ton of the man was added ; but, with all submission
tiie jocks, we think the difference in the heading
sgnificant and very material; in the beginning of
t account was given the description of the person—
th, editor of the paper, which wan quite proper, and
indicated the solely business purpose of the hiring,
ei:h, underneath--we could not tell whether it had
1,,n recently added or not—the name of the editor,
licitly, it wenn to us, for the purpose of identifica-
tion ; and afterwards, when the amount was earned

le, the name only was given. Some questioning
t oh place in regard to the carriage hire to Wey-
Sherbnrne, kc., Mr. Weston endeavouring
to show that Mr. Fyfe incurred the expense for his
..wo pleasure or to take out his family or friends,
but the answer was, as to Weymouth, Mr. Pyle fre.
neentls bail occasion to go there in regard to the
TI Meg business, the Sharborne hiring was
to report • flower show, and in came where his family
or hien Is rode with him it was when he was going
not on business and he thought it was no harm to
Mke any one he chose with him. Plaintiff's eon said
that he bad not sent the account now sued for to
anybody except Mr. FA, but he might have spoken
to persons connebted with the ehromede about it;
" very likely be had spoken to Mr. Spioer about it,
bat swore be bad not asked him to pay it."—ln de-
fence, Mr. Locke pleaded non liability. Mr. Pyle
was in-rely the editor of the Chi-oxide, as the paid
servant id the proprietor ; in the discharge of his
duty he sustained an illness which prevented his
walking, in consequence of which be was allowed a
carnage when it was necessary he should attend at
the °dice or go elsewhere; for several years the
charges for such carriage were sent to the etroniele
whim by plaintiff, who knew it was • matter purrly
• ineected with theoffice, and the publisher at the offies
paid such accounts in the ordinary way of business,
showing on the one hand the credit to be given to
Mr. Fyfe not in his personal capacity but as Editor
of the (Ironic/v, and on the other that the charge
was recognised in that light by the parties con-
nected with the paper; and, that being the came,
the charges in the present amount for carriage
hire ought to be paid in the same way.—Mr. Fyfe
gave evidence, tbe substance of which is incorpo-
rated in the outline of the case given above.—
The Jedge delivered his judgment at some length,
and at was to the effect that the Registered Pro-
prietor of • paper was liable for the debts lion-
tractod on behalf of that paper, and, Mr. Pyle,
having "imactioned by adopting" the arrangement
ea to the carriage hire, had made himself liable
for that charge, the verdict, therefore, must be for
the plaintiff. His Honour remarked that if there
was anything in the defence, surely tbe actual
rnurietor of the Dorset County Chrontele (Mr.
would not allow Mr. Fyfe to loos by this
action. —Mr. Fyfe said Mr. Williams had declined,
and went on to remark that Mr. We toe was acting
more under parties connected with that paper than
Mr, Dunn.—Mr. Weston said this was not so.—The
mord •if the story seems to be—Take CSle not to
berenethe Registered Proprietor of a newspaper in
Which your only ioterest is a galaxy for Nerving*
rendered.

ODDFELLOWSHIP.

The ninth anniversary Pepper of the Loyal Bud of
11,4 e Lodge of 04dfallows, took place on Monday
emniiig at the White Hart hotel, under the presidency
of the es• Mayor (J. Y. Aldridge, Esq.), and with Mr.
councillor Themes Bennett in the vice-chair. Several
tradeemea of the town were present, and the meeting
vU • meat successful and happy one. About sixty
amtmbled, and for therm the room was acutely large
'tiigh, bet any slight inoonvenience which occurred in
respect was amply compensated by the exceeding
euellenee of the supper Host Brown plastid upon the
talks. In coons:ion with this lodge, it is worthy of
remark that its ordinary meetings are held- not at •
Pcblichonasag M aurally the ease, but at the British
rchool.room, which Matthew Dampish, Seq., with his
aecustonied kindness. greets them gratituitonal) for
tbn nurture. Ilia is a notable feature, and does away
with the objections of those who my that the holding of
club meetingo at public-houses leads man to spend as
Noel, or more than they can possibly gain, besides tend-
in{ to the formation of drinking habits. The mimes of
tb lAge shows we think, that Oddfellows as a;body
"e simply actuated by • desire to provide for the
o mtingeneies of sickness and death to which all are
.lett, and do as • matter of fact, merely bold their
ne-tings at public-houses because they offer ima yen emcees
which cannot be so readily obtained, as • general rule,
ellesebm.
A t the conclusion of the sapper, the usual loyal and
patriotie toasts were proposed fr", th, °hair'
lo proposing 'The Manchester Hefty of Oddlellowt,"
th C 5411111111 said be regarded it as 000 of the MAIMS
Matitetiom of widish oriaritry scald bead. IA ra-
ter:id the greatest poesible eredit on the