The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1868-10-24 00:00:00

MRS. AGNES WINDHAM AS
DEFENDANT.

Or. Monday, at the City of London Court, before
Mr. Commissioner Kerr, an action against Mrs. Agnes
Windham to recover #l4 7s. 651., the balance of the cost
of a telegraphic message to Cuba, was tried. Mr.
Buchanan appeared for the defendant, who sat in the
ottorneys' Isix, and he made a preliminary objection
that she had been sued as Mrs. Windham. It was
true that she had once borne Hirst name' but she had
changed it, and was now married. Her husband was
in court. A gentleman stepped into the witness-box,
sod said he was the husband of the lady, and that his
Name was George Walker. His Honour said he would
aanend the plaint.
The defendant WM described as living at No. 3,
Unter Westlsotnie terrace, Bayswater ; and at the
time, last April, the order was given to the plaintiffs,
the Electric am! International Telegraph Company,
to transmit the message to Cuba, I%lr. Walker was
acting as agent to the lady, but he had since married
ber. The plaintiff's clerk charged kV Iro., but he
*Wed that these messages were very ilifficult to cast
up as regarded the price, and that he explained the
matter to the defendant, and said that there might be an
increase in the rate. He afterwards found that the
message amounted to £l4 2s. MI., and that the com-
pany would I.e charged aco.rdingly. The defendant
and Mr. Walker said, if there was any niis-
tyke, they would do what was right. Mr. Buchanan,
for the defesce, said there was a special con-
tract entered into that the message was to be con-
veyed for t. 9 his., and that, if the charge had ex-
weded klCk the message would not have been sent. •
The clerk had called at the house, and, explaining
that he would have to pay the extra charge, the lady,
out of compassion for the man, who had a family, said
she would pay h tif if the annamt. His Honour said,
011 looking at the receipt for the message, that he found
the words. "For which purpose I nave deposited the
sum of £9 Iris." The company also reserves itself
riAts. Mr. Buchanan said that might lie in some
cases, but in this instance a special toni was named.
His honour said that when he looked at the telegram
be found it to say, "Tell Slicks he must come in a
month, Or give me up—reasons ; answer." It was a
matter, no doubt, ..f some importance to the ashy, pro-
bably having reference to some I reposal of marriage.
There were, doubtless, ream ins why she rermired an
sower, and would be very anxious about it. Leoking,
• heret .re, at the character of the message, he thought
there might fairly have been some reser, e as to the
price to be charged, and he did not think either £lO or
could have been begrudged....

Mr. Buchanan said if the public a nt a message to
the company, and a price was charged, tne general
conclusion was that there was on end of the matter.

His Honour said if the public used the telegraph it
moist be bound by the rules of the company. 1 ism
the receipt there is an implied promise to pay the rates
upon the tariff. I‘l. Windham was anxious that it
hould be sent to Silvio, a gentleman at Cuba, and he
thought she should be satittied if she was charged ac-
omding to the usual rates. Under all the circum-
stances, therefore, he was of uipiuuusn that the plaintiffs
were entitled to recover, and gave a verdict accord-
ingly.