The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1874-03-10 00:00:00

FRACAS AT A WEYMOUTH HOTEL.
The Under Sheriff, Mr. T. Coombs, held an enquiry,
In pursuanoe of • writ from the Court of Queen's
Bewail, to moms damages in a oases Sreior v. Milks,
arising out of an assault eommitted by defendant at Hie
Victoria hotel, Weymouth, by throwing a glans at
Mr. Collins, Instructed by Mr. Weston, appeared for
plaintiff ; Mr. G.Bsmonds for defendant.
The enqairy was held in the grand jury slumber at
the County Hall, on Monday last.
The jury were—Messrs. Jamie fiamirays, Jas. Spicer,
Jas. Saneom Martin, Jas. White, John Strong, Wm,
Canes, Wm. Robert Sp'cier, Frederick Obiloott, John
Travis?, Levi Paul, John Water., and William
Hammett,
Mr. Coombs read the writ under whit& the Inquiry
was held, and the jury were than sworn.
The Under Sheriff said this ware writ of enquiry to
agrees damages for an assault, which await defendant
admitted having oommltted.
Mr. Collins said the edition wag brought on scoount of
Hibbs throwing a glass at Senior and cutting his face.
The assault was admitted—(Mr. Symonds: No, no)—
he admitted everything the declaration alleged, and the
only question wee the amount of damage indicted.
The assault took place on the seeond day of last Wey-
mouth races. The parties were in the bar of the
Victoria hoteL Plaintiff went in with two London
friends, and ordered three glance of spirits. On that
occasion there wise a new barmaid, and no doubt she was
very bard worked. Mr. Saltmarsh (one of Senior's
friends) complained that he had not got Ms glass, and
the barmaid averred belied. High words took plaoe. The
alterciation brought forward Mr. Dunn, with whom same
the defendant. The 000versation about the gloss of
spirits was renewed, and plaintiff said—Oh, never mind,
give him another three-pennyworth. On this defendant
Interfered • why he (the learned counsel) ocald not say.
Defendant said—"ll Mr. Dann doss that he'll not be
able to pay hie debts any better than you." Mr. Senior
retorted "Do I owe you anything? If I had 'oopped'
£l,BOO at an eleetion like some people I might pay my
debts sooner than I do." On this Mr. Hibbs gave
VainUff a backhanded blow on the face, when Senior
called him a scamp. Defendant became in a great rage,
and taking up &heavy glass threw it it Mr. Senior's Gee,
Indicting on him very anions injuries. It smashed the
glass, sub the main artery of the eye, out his fees from
the eye to the nixie, and Mr Senior was in a somewhat
critical padtion. He lost a great quantity of blood, his
Gonne to Dr. Lush's seas marked by blood, and his
clothes were stained with blood. Mr. Hibbs, by not
pleading to the sedan, admitted there WM no excuse.
Mr. Senior was delirious for some time and was pre-
vented from attending to his businese for about three
weeks. Mr. Hibbs admitted throwing the glass and
damaging him, and the question was what damages
they would give him. It was a question for the jury ;
but he (Ur. Collins) eould not commies that anything
could justify a man taking UP a glass and throwing in
another's fees with such force, as to injure him In this
manner.

Mr. George Senior, plaintiff: I carry on baldness at
Weymouth as found furnisher, funeral carriage pro-
prietor, and commission neut. Mr. Hibbs is a house-
decorator. Weymouth Races last year were on Monday
and Tuesday, September 1 and 2, and I attended them.
I think I saw Mr. /Mb. there he attends most noes.
Mr. Hibbs here said something.
The Uoder-Shoriff : If you interrupt I shall send you
out.
Plaintiff continued : I Invited Mr. fialtmarah and Mr.
Collier to spend an hour at the Fountain Hotel. and I
was there when they came in. We afterwards went to
the bar of the Victoria Hotel, between • quarter to 10
and 10 o'clock. All three were there. I was perfectly
sober. When I wont in, I called for throe alumni of
spirits and water. The bar wee pretty well fulL A
barmaid was serving, who had been there a week or •
fortnight. I, Saltmareb, and Collier, were talking, and
after come time Mr. Saltmareh complained he had not
had his glue of spirits and water. The barmaid said
he had, and there was an altercation between him and
the barmaid. Theresa door between the bar and the
smoking room, arid Mr. Dune, the landlord, and some
other', same from the smoking room. Hassid he knew
his barmaid was right, for she had not made • mistake,
but Saltraugh was equally positive he hadn't drunk it.
I said "God bless my soul; 31. Is not all the world;
give him mother It. worth." Mr. Hibbs, on this,
spoke (had not beard him before,) rand said "If Dunn
done such • thing es that he wouldn't be able to pay
his debts no more than you," (addressing himself to
me.) I had not 'Token to him before this that evening,
and I said "Do I owe you anything If I had
'copped' £l,BOO at an election, like some people,l
might Pay my debts scorer than waist I do.' He
He
immediately gave me • backhanded slap. He was one
side of the taunter, I the other ; he we. the bar side
and he gave me • back-handed slap oa the ear; I
stepped back, and It appear. I said "Is that how you
serve your wile?" I have been told so. I remember
saying Thank, you, you scamp." I area about three
yards from him, or perhape tour. He took a glans from
the counter, an old habioned spirit glass, • tumbler.
(Glue produced ; it was a round thick "rummer.")
Pldotiff : He threw the oonteuts underhand (they
were dowers and water) at me, and then he threw the
glue at me, overhand—over his obou:der. The glass
struck me between the eye and nose, in the corner of
the eyebrow, Just ably, the nue ; it broke against
my face, and I pulled the pleases cif my feu. I
said " Gni bless my goal," and the pious fell from
my face ; I swept them down with my hand. I bled
tremendously outside the hums. I was taken out by
some friends and a sergeant of pollee, and the door of
th 3 house was looked. Dr. Lush was the nearest
doctor, and I was taken to him. He tried to stop the
bleeding. I should think I was there half an hour
before he stopped the Weeding. I was taken to the
P.J.11•111•10 11.4.1 sr), (tirade being array from booze.
It le about fire minutes walk, I was put on • sofa, and
stayed there all night. Next morning Dr. Lush sent up
my own mi.dioal man, Dr. Gr.filn, and he attended me;
he said it wu dangerous to remove the bandages ; but
he attended me three times that day, and next night •
person sat up with me. I stayed at the Fountain, and
on the third night a perms sat up with me. I had
nobody at my own house; my sister and LIM! were
gone to Sherborne, for the benefit of their health, and
I did not leave the Fountain premise, for 10 days. My
noratril being plugged I Gould not lie down. My Noe
ass covered In plaster. 1 could not lie in bed. I bad
pain; but the setleatlon was worse, though I had greet
pain. I feel the effects of it now ; I ant not capable of
gain,/ and taking quantities for building now, I Garet
calculate as I could ; I get in • mese. My clothes on
that day, they ted me, were blood all over; but I
so aorly looked at my clothes; it was a new salt of
clothes I had fur the funeral of my poor mother. On
the third day Dr. Griffia removed the strap, and in
blowing my noes, a piece of glass about the size of •
diamond in • ring, came out, and Dr. Griffin says he
thinks there la • piece of glass in it now.
Mr. Symonds: Dr. Griffin will tell us that himself.
Plaintiff cross-examined by Mr. Symonds: You have
ever slues been in a maze? At times.
Beene long time in a maze, haven't you 2—For a time,
no doubt of it.
You take a little more than Is good for you, don't you
—No. I think it date me good.
But it takes a pretty large quantity to do you good?
—Not more than other folks ; I'm not seen staggering
about the middle of the day.
What Is your go quantity • day? I never keep
scout; if I'd known you were going to aak, I'd have kept
tally the last three months.
As you are familiar with averages, what do you
think is about your average drinking ?—The same as any
other honest man would take, thereabouts.
There are degrees of honesty, what's your average
I refuse to answer; some days I may lake more than
on others.
Do you get tipry dare say I have had • drop too
mush Wore now ,• there's no doubt of it.
Frequently ?—No; you can sok my witnesses.
Oh, no ; I shall ask you ; Frequently I—No, not
more frequently than you do, perhaps.
Mr. Symonds: Never mind that.
Mr. : Just answer the questions.
plaintiff: Mr. Symonds won't he offended; I know
him very well,
Symonds: Indeed; the acqaaintanoe is eel
mutual, you have the advantage of me, for I SUIVIkr saw
you WI yesterday.
triftnese ; On 2nd September I was perfectly sober all
day, At the rues I had four pennyworth of brandy at
England's booth, and left half of that; that was all I
had at the rues. Before that I had • glue of beer and
a glue of sherry, and after dinner • glass of port wine.
Went to the rues about one o'clock. I didn't seem
up to the mark to liquor up properly that day—
(laughter).
What do you mean by "liquoring up properly"?—
Enjoying • glue with every friend I meet.
That's whet you call having • proper day Yee.
Witness: I came back from the rues about 5 o'clock
—I didn't time it. Wens to my house in Park-Woes
and had tea; my slater and niece, and the servant
girl were there. Afterwards I went for • walk sad
dropped in at the Fountain between 7 and 8.
You frequently drop into the Fountain? Yes, that's
my house.
Oh I your house? The house I frequent.
You don't mean to say you're master of the house I
Oh, no.
Who is Mr. Hardy.
In September? Mrs. Roger,.
But you were neither landlord nor master I didn't
know that I was—(lseghter).
I cut pose you made • good many acquaintances at
the races? No, I kept myself very quiet the seoond
day.
liad you been • little bit flighty on the first No.
You ciouldn't liquor up? No, not proper—(laughter).
What made you andispuied ? I don't know.
Was the month before the rues more than commonly
sober with you I don't know why you should rake
up this : I was as sober that month as the previous
Mis,
Witness : Had never met fiallmarth and Canter
before the reoes. They are betting urea.
Wear rod hats and oarry little stools? Oh, no, they
are what they oil the Co-orzarrtva Smug
Seerzw I—(great laughter).
Mr. Collins: Everybody wins, of worse.
Mr. Symonds : Do the people always win? If they
did how would these gentlemen live 2—(laughter).
Witness: I betted ; BOUletirool won and sometime,
lost. ado% take count of the average. Know I
didn't lose as my pocket was heavier at the end.
Did you have a little drop at ter tea? No.
Perhaps you don't keep a stock in Park-street? Yee,
I do; end if you come down you can have a drop.
Then you turned into the Fountain ; did you have
• drop there? Yes, a glass of bur ; I should look very
foolish to go in without having • glass of something.
And when your friends same in you had soother glue?
—I dare say we had 4 or S.
Were you at the Fountain from when you went in at
7 o'clock till you went to the Ylatoria ?—I went out
before Salituarsh and Collier came for • walk with a
young lady.
What will Mrs. Rogers say I—l don't know she hu
any Wallow to say anything ; perhaps she would have
shook bands with the young lady if she had mien her
(laughter.)
Withrow. : About 11.30 went to the Vicitoria Shads, at
the bask of the hotal.
. _ _

bit. Coombe : What do you mean by !Shads? Lilt
ooe of thous gin shop place, the hotels are Woking
op?.

-. •
Witness explitined It wiai bar opening into the
bank street. There was i lot of people there.
Asked to name some, he mestioned Mr. Lowman,
Mr. Batt, "Dr," Marion, Mr. Wills, L. 13Yera1 Mr.

Byrnes, and • lot eVem, didn't antis, who, as they
were having their staff.
. . . . .

Aoybody-else f—l won't mention any more.
Can you tell me if you were sober. If I were not Mr.
Hibbs ought to be ashamed to serve mesa be did.
Witness: I was not there firs minutes before it
happened. Butt hal diffinuty in keeping his friend
from getting over the counter to give Hibbs "one." I
meld "Dout Interfere."

Then you were not quite stunned wee fort time;
it well • momenta.-7 eeneelesenem. Whew the spirits
were ordered the barmaid pot them on the counter.
Did you me the going of them 7—l saw the going of
mine.

—Ah f that we may gnaw ; but of the others f—l
didn't.

Witness : Knew Clean, the billiard-room boy.
Don't recoffeet mewing him there. That's the Illtie
rascal (when dish was poloted out to him). I Ilk* the
boy; be won't speak • word against me. I might have
passed a slaws off the oonnter to him. Was rather
given to practical joking.
Will you swe•r you didn't pass to Cleall the glass
intended for Selma:lilt—No.
Was It passed over ? Jnst put on one side for • bit of
• spree.

have done It? I believe that wag what
the rotr originated about.
Mar I take it you gave the boy the glue to put aside?
I don t cay I didn't; I've been told I did snob • thing,
but I don't recollect it.?
Mr. Symonds: I never knew • man charged with
being drunk who admitted it.
Witness: I would.;
But you wars "sober as • judge"? I don't know;
some jadeite get tight—(lita/bier).
Sober as the judge of this oourt ?—Sober as be will
be perhaps by the same time to-night—(rurs of
laughter).
Pressed again as to poring the glass, sitters said—it
wee very possible be did give it to the boy. He des-
cribed the excitement during the altercation Irs the
crowded bar. Was mire he paid Is. for the three threw
pen'orths.
What did you mean by " upped £l,Boo."—Why
collaring of it, and saying he gild a man £5O when he
only gave DS. I bad some election money, but I gave
him back like an honed man. It Wee when the elution
Wee oompromised.
Mr. Coombs thought it unneosuszy to go into that.
Mr. Symonds wanted to know if plaintiff meant to
charge defendant with applying the £l,BOO to his own
purposes. Witness answered he said "sopped ;" he
could tette it as he liked. Didn't call Hibbs • thief or
• swindler; only a maw and • rural. None of the
fragments of the glue fell on the °outer. As soon as
It was over he was turned out and the door looked—
Sergeant Harvey led him out and his friends followed.
Was taken to Dr. Lush's; did not staggerthere. While
In the Victoria somebody said "Look out to your
pockets." Alter my nose was strapped I went to the
Fountain.
Why didn't you go to Park-street? I had nobody
home.

Did yon go to Om Fountain to to nursed I don't
know about being nursed, attended to.
What bad beoome of your stater and !dose between
tee•time and this 7—They were at Sherborne • fortnight
before.

You said yo a had tea with thaw 7-1 didn't mean th
That twat a talashoodt—Ltiteldedly wrong.
Too took up your quattora at to. Fountain t—l did
attar that. .

?Moose : Went to Sharbsrits on lOth September,
being telegraphed for as his stator was taken seriously
jiL The doctor told blot he was not "responsible" to
no out. Conte beak the seine day, and lived at the
Fountain about three weeks. Mr. Weston had the bill
of what It coat Alto. He bad paid it.

Mr. Goombe said his staying at the Fountain three
weeks had nothing to do with the damages.
Mr. Collins said he did not put it is.
Witness: Last took out quantities in August, 1873, '
ler • Mr. Davie., of Sherborne. His commission bust.
nese was getting joinery down for different people. For
Ids funeral furnishing he had • store in Albert-street;
bad two coaches, two hearses, and a ehlllibers; hired
the horse* required. His ability to let for funerals had
not been affected by the wound. Sent for Mr. Weston
• week after the assault, and in winsequence of that
interview commenced civil prooesdings, There was MI
entertainment in the Fountain bowling saloon the
Thursday after the noes. Did not superintend the
arrangements. Went down to show them how to turn
on the gas, Didn't remember seeing • man named
Woodcock there. Never spoke to Sergeant Harvey in
the street during the first week after ae saaanli. Saw
him in the Fountain. Was rather given to prsciloa
joking. Knew Mr. Graham, who keeps ale and porter
stores. At the Q.lOllll I took 21. °bongo ot his and told
a man named Welt*, of Portland, of it. He oommecoed
by taking my handkerchief. A day or two after White
said I told him 18s On another 000asion at Graham's
a bottle of stout was put In my pocket—l gave it to
Immo man In the street—and afterwards paid for it.
Don't recollect Mr. Warren warning me against
doing it again ; but if he (Mr. Wureo) says
'he did I will own to it. I
from Mr. Graham's as • prattle:lel joke, but know who
did. It was taken in a oarrtage up to the Fouotain
hotel, and Mrs. }topes told me of it. Mr. Martin,
nodertaker, took it the day after Christmas. I thought
you were going to bring something worse against mo—
wn my word I did. Never repaid the 21, to Mr.
Graham. We're friendly enough now if we meet.
Haven't been to his house stoat the eieetion. Thai's •
Liberal house, and I'm a thorough Conservative. You
get inatenations thrown at you if you go to a Liberal
house. Had not been fined for drunkenness. Paid 30s.
to the hospital, and It was in this way—on the last
night of 1871 some young gentlemen were going up the
front about 11.30 ringing at bells—some of Weymouth
and one of Dorchester; a polioemaa came up to me
and said " If 1 catch you ringing bolls I shall look you
up." I checked him, and two labouring men, who had
worked for me, carte up and knocked him down. mi
weze locked up, and I paid the thirty shillings to get
thorn out of it. You might just as well have left that
out. On one occasion I took • cheque for £3 104 given
me by a man of Portland named Marwood to Mrs.
Leworne to change. The cheque was diahonoured.
Had not been before sins. I had it. This waa three
yi aro ago.
Mr. Coombs didn't see bow this could affect the
damages.

- - -
Mr. Symonds laid it was evidence to character,
Plaintiff : If anybody con my worse than I can do,
God kelp 'cm I —(tattghter). His client's Wary will bo
toted up.
Mr. Collins said certainly not; defendant might be
the greatest vagabond in the world, but he should
einilpy elicit evideno• on the question of damages.
Mr. Symonds had no more questions to ask, and Mn,
declined to re-examine the plaintiff.
John honer Saltniarah, An elderly man, with grey
hair and whiekers said : I reside at Penteman-road,
Clapham-road, and attend nom sometimes. I attended
Weymouth Races on September Ist and Rid sad made
the acquaintance of Mr Senior there. Mr. Collier Is
not • relation of mine. I saw plaintiff at the Fountain
Hotel In the evening, and after haviag something to
drink, we west to the Victoria Shades. I milled for
some drink for Mr. Culler and another gentleman, and
myself. Mr. Senior I think called for some also; but I
paid Is. There were many people in the place, I did
not hare either my ii. or my spirits. There was •
dispute, and the young lady wee positive she gave It
me, and I was equally positive she hadn't. She got
angry; but didn't ; I don't get angry. I Bahl "if you
will rob a stranger out of 3d., you are likely to rob
',our master." She then got angry, and there woe
10014 rage went OD," fife Of six gentlemen mune out
of the smoking room, some gentleman interfered, I
asked to speak to the landlord. Someone salted for
another glees; but I said "I don't want any one to
treat me, lii settle this myself," Some words passed
about .61800. I saw something thrown like water out of
some tumbler and inimed,ately something passed me; I
looked and saw it was the glee'. It was thrown over-
hand, with almost the some action as throwing out the
water. The glsesstruek plaintiff and the blood spilled over
my seat; he being olotes behind me. lead " what is this r
and turned round, and saw the plaintiff had • mass of
blood oozing from his face, and fanning down. He
was quietly got out, and they went to another hones,
where they could not stop the bleeding, and went to
some doctor. The policeman told us where to go, and
we went to Dr. Lus.h's. Senior was weak with lom of
blood, and Dr. Loeb strapped and dressed him, aid we
took him to the Fountain Hotel. We left Mtn there,
and went back to our 01/11 hotel. I am quite sure Hibbs
threw the glee. overhand at him. Is was like that
produced. We mall them "lug. tumblers' in London.
We don't drink so mach rum as you.
Crow-examined : I •11 • retired liesused viatualler,
and now go to ream I have had a house off and on
tor 20 years. I gave up the Old Gray's Inn Tavern—
that is my property.
Mr. Simonds: It is aelebratod for port wine.
Witness: You'll end waits good wine there now. I
attend rathe or pleasure and profit The co-operative
system is • system from Frans.; it is not • system
under which all draw prism; there must be some
blanks. The man who keeps the bank only gets 2s. In
the E.

Mr. Collies: I sew it tried before the Queen's
Beech.

Witness: That wan my machine; everybody was
pleaeed •Ith at. I met Mr. senlor on the second seen.
Mg on the course. and alter at the Fountain. I never
take soy think on the worm

Mr. Symonds : It la not mi..
Wltne.a: I went to the dkadae about 10. Senior
was not Mph rot sober ; he Gould walk as well as I
could.

Mr. Symonds; He wee not so drunk that he required
Lob. held to the ground.
Whines.: He didn't require leading. I did call foe
these throe ponn'orths. I didn't get it nor my °hangs,
and I asked for the drink; they said "You'd have it.
Then I said " Where's my changer I said "Don't
rob me out of my change. I don't care so much for
my drink." I afterwards said "If you'll rob me. you'll
rob your master." I am positive I didn't have my drink
or change. lam not esertain whether the spirita were
served ; I got none. Thom was a disousaion, and I
laughed at the young woman bounoing about the
counter. I did not hear the ezpression " Mind your
poeketa." Her ander and other gentlemen came out;
she warn Incited, and I warn sot kicking up a row.
Senior said "What matters 34. worth It is not
worth while making a noise about," When the gentle-
men come out, I did not colloe any one behind with
the barmaid.

Mr. Mason was pointed out, and tritons said he
was there. lie spoke to me, I saked whether he was
landlord; he said "No," end I said "I shall not
explain anything to you." The glans come over my
shoulder. I found something splaabing over my fase
and °oat. and I turned and saw a man streaming with
blood. I found a few drops on my coat; but I have
not got it; I don't wear bloody °oats. I got more on
me leading plaintiff to the doctor. A hantikershld
was put to bur lase, and he wee taken out. I went to
the other publioliouse. When I turned round, I saw
Hibbs throw the glass overhand, with his hand raked.
I was fatting Mr. Hibbs when the glom wee thrown,
and Senior waa behind me. I saw the glade &stonily
oome from Hibbs's band; but I oar.'t say if anything
was in it; it was done so Instaritancously. The oon.
tents were thrown first underhand, and then the hand
wait doubled back, and tb• glees thrown overhand.
The landlord came; we went out.
John Colder, a youog men: I am postwar with Mr.
Saltmarsh, and attend nom with him. At the end of
the second day's raom, I we/ it the Fountain Hotel,
had something to .frink, and went to the book bar of
the Victoria HoteL Three &wee of spirit were

ordered, and Mr. 13aJtmersh emplaned that he hadn't
his glue. Thor* was a dispute between him and the
barmaid. Daring the dispute several gentlemen wine
with Mr. Dunn from a behind the bar. I saw
Mr. Hibbs. Whoa hi landlord and others 'sine from
the smoking room, Mr. Senior said, "Three pennorth
of brandy la of no soasequenos, glee him another."
On hi. saying this. I heard remarks about debts by
Mr. Bibb; and also by Mr. Senior about £l,BOO
at an election affair. Upon that, Mr. Hibbs struck
over the bar at Mr. Senior, and struok him on the side
of the bead. On that, Senior stepped beak, and called
hite. Hibbs • scamp, and said "What did you do that
for?" On that. Mr. Hibbs took up • glans from the
°muster, and threw the °entente in Senior's fees. The
glass followed almost immediately after, for Mr. Bubb'
threw it overhand. It struck Mr. Senior in the bee,
and he bled from the eye and nose, he seemed partially
stunned, the blow was • sewers ones for the glass broke
mildest him. We took him to the door and to the London
Hotel. We bathed his head with cold water, and we took
him to Dr. Lush's, and after he was strapped no, he was
taken to the Foentain. As to his sobriety, I did not
nobles anything had !bouthlm.

Oroareiansi gond —certainly may he was not
drunk; he wee °suable of taking oare of himself. He
might be fresh. Diet not hear him say anything about
Hrs. Hibbs; bet I heard all that paused. I wee about
two yards from Senior, but there were one or two
between. I did not count how many people were
there.

Mr. Symonds; You are • betting man; estimate
them.

I eat I estimate them; the plue was not fell. There
might hare been • dozen. Did not.., where the pieces
of glum fell. There was poly onto discussion about three-
penny-worth of brandy. We were not in • argot line.
The talking was rather loud ; Saltmarsh was 0001, but
he said he liked to be treated properly. I did not hear
anything abobt poeketa. We carry this betting
machine; it is principally how I get my living. Toe
machine ,erall not carried to Weymouth, we had sheens
of paper. We got 10 per sent, on the total amount of
the stakes.
Mr. Spoon& : Your living depends upon the amount
et fiats you get.
Mr. Collins: They would more likely be sharps.
Witness: It due not matter to u; we gel • °ors-
mission only.
Mr. Symonds: No other palter?
Witness : We don't want another partner.
William Geo. Vaudrey Lush: I am • physician and
surgeon at Weymouth, and have praeUsed about seven
years. On this evening, 2nd September, plaintiff was
brought to my houses few minutes attar 11 o'olook. He
had canton the right side of his nose, about an inch
and a quarter in length, and • smaller wound at the top
of the nose, a bit cf th• skin was cut of, I can't say how
deep it was. H. was bleeding freely, and there was •
great deal of blood about his nose. There are nos:tulles
there. He was suffering from the effeets of the injary ;
bet he was able to wa k. I stopped tha bleeding and
drused the wound, and then his friends took him away.
Dr. Griffin afterwards took up the case, being him
medical attendant. It wits inch a wound as would have
been inflicted by a sharp instrument ; if by • glass, it
must have broken against him. It could not have beep
dons by • round tumbler melees it had broken; it WM
clean out, like a oat from a riser.
Cross-a:emitted : My opinion was that he had been
drinking. Mr. Senior's manner iv peculiar; but I think
he had been, There are no ertense of any she thus.
Just the terminations, only what you may term the
Frederick Charles Griffith Griffin: I am • surgeon at
Weymouth, and graduate of the university. I have
practised about seven years. On the 3rd September I
was called to see plaictlff at the Fountain Hotel; Dr.
Lush having soot me word. I toned him about 11
o'clock, sitting in a °hair with sticking-plaster and pad
over the wound. He was in a nervous state, and !visited
him twice, and I may have given instructions tbat some
one should sit up with him at night. I visited him
every day for seven days; I thought it proper to make
thus visite.

Ihe Under-Sheriff: Weill necessary ?—I might hare
risked him on al'ernate days withoat danger to his
hes:lh, because the people would hare sent if Or me.
Erysipelas might set in, and there would hare been
danger. I ezamlned the bandages, and four days after
I took the pad off. I don't recollect whether there
were plugs in the noes, When it had been kept
together for three days, it had come, to • mere line,
the largest wounds will do that, if they go on welL I
cannot say If his not being able to lie down reeulted
from the wound—l should think not. From the 3rd to
the 9 h I attended him at the hotel, on the 10:h he
went out, and afterwards be attended at my house. I
did not see him on the 12th, 14th, or 16th ; but on the
17th I did. As to the plugging, I suppose it wee to
atop the bleeding from the inside. I did not see the
piese of glees blown out of the now.
. . . .

Goes-examined: I did not plug the n 0..; there we.
no nuessity. The wound bad been padded with wedd-
ing, and strapping. over. Perpetual restlessness we.
not ttre consequent,' of the wound. lied known Mr.
Senior for some year', end his restleesnees might have
arisen from drinking on tile preriou ni.ht, or pre-
viously. Be was most merlons on the visit, I cautioned
him to be wareful in the use of stimulants I wee
called in on one occasion in consequence of hi. habits.
He had sometime Were cut his head, suffered from
eryalpeles, and I cautioned him lest erysipelas should
come on. Erysipelu mey attack any wound.
By Mr. Odllins : It la said to be more common from
wounds In the bead. I have never known a ease where
a man baa had a heavy gimes dashed in his face, with
forme enough to break it, and I cannot tell whether a
rran would have perpetual restlessness in oentequenota.
The Under• Sheriff : Did he ever suer from direct
de/Hais trentas?—l don't recollect that he did.
James Symee, valet to Mr. Wardell : I was In this
bar on the night in que,tion. I beard a °maturation
between Mr. &Begonia and the barmaid about a glue
of liquor. Mr. Hibbs was behind the bar, and Senior
outside. Heard something abont debts end election
matters, and the glass went overhand from Mr. iliblaa's
band and &trues Mr. Senior's faoe. It was done very
swiftly overhanded. Mr. Senior pat up his hand, I saw
blood, and Mr. Senior was very quickly taken out, and
the bar shut:

Croes-ersmined : I had been In about two minuses.
I cisme from the upper bar, not through the smoking
room. I heard something about £1800; but nothing
alrint Mrs. Hibbs.

Mr. W. A. Lowman, poulterer, gave oorrobosaUve
uldeoce ; and so did Mr. W. Butt, solicitor's clerk.
Mrs. Roger. spoke to Senior being taken to the
Fountain in • very exalted state, and with his head
covered with blood. He was not drank. She and •
young lady sat up with him all night. He was
delirious.
Miss Anna Kayo corroborated Mrs. Rogers.
Charles Howard, booking clerk at the Weymouth
L. M paroel °filet, deposed to sitting up with
plaintiff at Mrs. liogers's request, and to hit restlessness.
Mr. Symonds said the question was what oompeuss-
Mon should be given plaintiff, as a value for the sores,
which, he should submit, were caused by his own act.
TU. blame on the night in question ought to be shifted
from one shoulder to the other, lie submitted that •
man asking for oompenution should come with clean
hands. Though it might be submitted that the abuse,
all kinds of abuse, off-red did not justify the defendant
In taking the law into his own hands, but they would
materially affect the question of damage.. Mr. Collins
had said in • similar use, the question was "Ay,, or
nay, did the plaintiff deserve the threshing he got." As
to the witnesses Soltmarsh and Collier, he did not
know they were welsher.; but they went about from
races is raors, plaintiff picked up their aoquaintanee,
they went to the Fountain, and thence to the Victoria
shades. A squabble arose about a paltry 91., and it
turned out at last, as he should prove, that the spirits
for this were placed upon the oeuoter. & respectable
witness would prove the delivered the apirita, gave Mu
thug* to Mr. flanmarsh, and her evidence was just as
good as his. A cry was railed "Take care of your
pockets," the gentlemen inside went out for the protec-
tion of this young woman, for anything worse than the
language to her was
the honour that they did so, and was it anything
but reasonable that they should. Mr. Senior, knowing
at the time that he bad taken up his glass in a practical
joke, and given it to the boy, took part in the alteros.
Mon. The boy asked Mr. Senior whether the alteroatioo
w.e &boot the brandy he had given him, so his attention
eu called to It. Afterwards Mr. Senior and Mr. Hibbs
same into collision. The fury would say that "copping
£1,111:10 of another mans money meant robbing him,
and any one would deserve the blow be got. Bet
Senior then thanked him ; but not content with that,
he said that was the way he served his own wife. Then
Mr. Hibbs took • glass to throw the flowers and water
at him, and the glass went out of his hand. For be
did not throw it overhand; If he had done so at • dis-
tance, of flit. only, the man would have been • corpse.
The witnesees did not e.g there was any blood inside
the house. No doubt it was to be regretted that outs
a thing took place; bet there was no evident,. that the
clothes were blood all over. 11. e. Rogers was very
anxious about examining Mr. Senior's clothe.; but the
clothes were not predated, although be consulted Mr.
Weston In 10 days. Washing Senior's fue at the
London Hotel no doubt sobered him; but before that
he was drunk, drank enough to be very provoking, and
capable of using such abuse as Mr. Butt said he was
accustomed to. He was nursed by Mrs. Roger., who,
Mr. Symonds thought, as landlady of • large hotel,
might be bet Sr employed ; bat it was a matter of taste.
Yet, with his own house at Park-strut, for 21 day, he
st.yed at the Fountain Hotel, and was sometimes set
up with by Mrs. Roger,. He wanted to make out he
was in pain because his note was plugged, but Mr.
Lush said nothing about that, and was not asked the
question. Did not the jury think the story about the
little bit of glaes ooming down was equally untrue.
But he said he was prevented from following his trade.
Perhaps he was looming to be • commission agent on
the rue course; but his present oommiselon agency
was getting down Joinery from London for people in
Weymouth and Poetised who were not sharp enough to
dolt themselves. As to his taking out quantities, the
jury would probably not trust him to do so, the last
time he did so was in August, and nobody asked him to
do so sines. As to his funeral business be had •
fibilitheer, but he was able to carry on his business of
letting his miserable tiblilibeer. He did not pretend he
had had any basins., initeklog out a schedule of quart.
titles, As to his dostor's expenses, the doetor west to
him not because it was necessary, Maus matter of eau.
Mon. Is order to oelebram this unmet at the Fountain,
the bowling saloon was utilised and Seam who then was
not delirious perhaps Demise he was sober, we. there
arranging; he seemed to be lord and master; he setually
the concert with his premium. that evening.
is being disabled from business wan a mere pretence,
his being in a mute was likely to arise from his drink.
log. He suparinthoded Mrs. Rogers's domestic arrange-
moots, and graced the concert with hia premium), and '
Sergeant Harvey met him in the street soon after. The
amount of damns this man had sustained was as highly
coloured ea the picture could be for this occulon. If
his personal dignity was outraged, the natural °curse
would have been to sullltllon Mr. Hibbs before the
magistrates. He did sot; why? Because the magis-
trates would have considered the amount of the provuet.
Moo, and any penalty would bate gone to the county.
II he got heavy damages. it would pay • man very well
to go about to the public houses, insult some one, get
them to thrash hint, and pocket the penalty. Tho Jury
sully hail to determine bow far the man deserved the
thrashing he received. They must give some damage,;
but if they gave him the smallest coin of the realm a•
' damages, they would give him a lesson to •Drite before
them with ellen hands, and not take advantage of the
difileulty he had brought epos himself. A seen k
S publio-house had to keep ardiat and Mr. Daaa Is uaij

case seat for • polieemen and °leered the bar. There
was foul language used towards this young woman, not.
withstanding the cool dolled of Mr. B•ltsaareh, who
said he was perfeetly ttool—as mUd as • dove. If one of
them interfered to protect • young women, wore they
to be brought before s jury for damages Defendant
was charged with robbery,with robbing • meant £l,BOO,
with beating his wife, one of the very worst amass,
and vu the plaintiff to drag him before a jury for •
solve for his wounds? Ho asked the jury to glve the
smallest coin of the realm, a farthing; or this man
(plaintiff) might go about Weymouth with • placard oa
his baek—" Any men can Shush me for dee pounce.
-
Panay Wendell: I am superintendent of refreshment
room at the South Kensington Museum, I was at Wey-
mouth last Weymouth races, and bad oberge of the
refreshment* bar at the bank of the Victoria hotel.
Know Mr. Senior.. He came in that evening with tire
gentlemen. A few others, not many, were there. Mr.
Senior asked diet for some drink, and peed. It wee
drank, and Mr. Senior's friend with white hair (Salt.
marsh) ordered • second lot, that ooet dd., and Laid 1:41
for whisk I gave him a Si. piece change. no
gentleman said he had not had what be paid for. Senior
hi
thisbdwranwar
eanand:r7daSsgagfflormehawesaid.hahadtlhn hb,almn'taallbilktphaddb.irt.g.uto.fiel;Thdttark:neukarshtbot::
said I was • thief, and no better than I might to be.
Sealer sat there and didn't say anything. It was very
noisy, Hr. Saltniersh wee very noisy. Some gentlemen
eine In from the smoking-room Mr. Hibbs, Dr. Mason,
Mr. Lowman, and a good few smoking-room,
; butl can't tell who.
We sent for Mr. Dunn and he came. Senior wee
sitting is the chair, outside the °ouster, and there were
11011311 words, about some money. Er. Hibbs seld to
Senior "You ought to be ashamed of yourself to sit
there, and not get up and say you gave the boy the
frits." Senior made no Lamest, and • quarrel began.
Mr. Senior celled Mr. Hibbs • "temp, • rogue, tad •
thief. Mr. Hibbs told him if he repeated it, he would
slap his fain When Mr. Hibbs slapped Senior's face,
Senior said that was nothing, for it wee how he (Flibbs)
served his wife. Mr. Smite made use of further very
bad language ; but I don't remember,the details. A glass
was shielding ea the counter with some flowers and
MAW. Mr. Hibbs took up the glass, I believe, with
the intention of throwing the contents, and the glass
slipped out of his hand. He took it up threw it for-
wards and downwards, the contents wont over Senior,
and the glass went out of his hand. • pities was oa
the counter, and part on the door. The glass struck
Sealer on the nose. Mr. Hibbs did not throw the glen
overhand. I was nest to Mr. Hibbs, and if he had
thrown it overhand I should have neon it. Senior was
tipsy. I have no doubt at all. I have frequently sees
him ; he was generally there every day, and he used to
drink a good deal. He was tipsy that night and both
his friends. When this disturbenee commenced between
me and Mr. Baltmarsh, the, was • general cry-out,
"Mind your pockets, gentlemen • are your poskets.
safe?" The bar was full and strangers were there. I
am certain the glass was not thrown overhand. lilt
had been thrown like that, it must have killed him.
Cross-examined: The glom slipped out of his hand.
Mr. Collins: And I suppose broke itesU—Daughter4
I doe't know. Tne glees @lipoid, and hit his floc
Q.—Slipped very quietly, just hit his here, and then
broke 'wolf ? Was that so? -I don't say so.
Q.—Did it break against hie Nos ?—Yes, it did.
Mr. Collins: That is Use ?—Yes.
Q.—lf it slipped so gently against his fate, how did
It break? You have never seen each a thing al • glens
slipping quietly out of • person's hand, going just
against • man's face, then jest breaking, and going on
the door ?—No.
Q.—Where were you befit,?—! was there about •
fortnight; before this at the South Kensington Museum
and I have gone beck there, It tea much quieter plies;
there are no races thorn There were many people them
and I was serving very fast. There were very few there
before the disturbance in the bar. Mr. Baltmarsh was
very tipsy and Mr. Caller, Senior also. I noticed ih
when he camels. . . _ _

Q —How was you to serve him eta spirits? Ii
ante Mrs. Dunn wouldn't tall you to do that 2—Thay
had beim in time before, Senior had.
Q —Why didn't you call Mr. Dunn ?-1340 maw
°ailed? .

Q.—Alt I but 'Harvard' I Would you arra people
when they ware tipsy I—Yes.
Q.—Whom have you bsen talking to I—Nobody, only
that gentleman (Mr. Symonds). I taw Mr. Hibbs
petards, at the station. I spoke to Mr. Eilbbe last
Wedneeday, but I didn't think you meant him. I saw
Mr. Hibbs last Wednesday at South Kensington.
Museum. He asked me if I would room* doers. I said.
I would if I was obliged to. I have not spoke@ to Mx.
Meson, Mr. Dunn, or Mn. Dunn.
Q.—Have you said " I could not bear snob this.' is
mind I" (reading from a letter)—l can't remember.
I won't say Mr. Hibbs did not tell Kr. Senior to go
and pay his debts. Mr. Hibba gave Mr. Senior a pretty
good slap by the ear. Mr. Dunn was goo* for •
policemen. Mr. Hibbs has nothing to de with the
management of the house. I knew Mr. Senior bad
given the boy the spirits. If I had dived in Wey-
mouth I should have taken out a sammans against
Mr. Sutmarsb. Senior said something rude to Mr:
Hibbs, and be slapped his fade. I isn't rem<mber, or
try to remember, what the rade words meta lam.
staying at the Antelope, Dorhoesber.
By Mr. Symonds : Mr. Hibbs servad me with •
sub' cons. You saw me and took details of my state.-
went.

.Mr. C. Hibbs: I am defeadisat in ibis maim E
was at the Victoria Hotel, on September 2, in the.
smoking room with some friends. I heard very abusive
language In the refreshment room. I wens from the
smoking room into the bar with my friend', Mr. Mama.
11r. Ford, and I think another. We wont the,*
through the *bully' language we heard. Mason want
in at the Dam* time; be was not sitting on • chair
inside. I found this old gentleman (Saitmarsh) and
seven or eight persons. Salto:iamb was abusing bliss
Wardell in reference to some champs: he was amusing
the barmaid of not having served him with what he
had paid for. Senior was with him. I heard S at-
marsh in particular calling her • thief, and the worst
language I ever heard in my if, towards • Forsou of
of the worst description of character. Just after this
basinces was going on, an altercation was going on
between that gentleman and Mr. Mason; the hop
Walter Chad cam* in, and mad, a commivaloation, end
I said to Senior "Waiter has told me, Senior, that
iysouitgtaruvee,tobronborantrdy
Hto. hi
said
and,.vihniaadt ethibl_m drink it;
odds is
that to you." I said to him "You ought to be
ashamed of yourself, Senior, bringing strangers here,
enoottraging • row, when you know Mr. Dunn so well
as you do.'' He Was laughing, encouraging the old
gentleman, and was apparently amused at what was
going on. He began calling ma a rogue, • thief,
a scamp, oontinning that kind of conversation, and
saying I had robbed some one of £l,BOO in connection
with oust of our elections. I believe Mr. Brook's name
was meationed. It was either £1,300, £1,500, or
£l,BOO, but I believe it was £l,BOO. Mr. Brooks had
been • candidisto, and afterwards a member.
Witness : I used strong language to him, whoa he
said to me "You —, you flog your wife" lean under.
tone. I immediately said "Sealer, retract." or "ill
slap your fem." He immediately repsated It. I
reached across the counter, and touched him ea both
sides of the face, which he richly deserved. He mooed
about half-a-pees back, and said again "You Hog yo.dr
wile,' and Galled me a moundrol and • scamp. A glue
WS/ 00 the counter with dowrre in it and water. y took
up and shucked the rentoota into his farm alio (Use
slipped out of my hand at the same mroni.
touched his face, fell beck, struck the or.antor, and fell
on the ground. Whether it broke or, his 0000, or nos.
I don't know. I heard it smash on ',h. ground. I 'hr.,
the glass straight forward, and '„ha 00.t.ms went into
his facie there la no mistake ii:ooue it, too. it wes what
thee called lobbing, 11 I had thrown it °seamed, I
would not have bean hr. to-day ; I did not do so. It
is not true that I do so. Thar* is no truth in these
dwis"hdionesabet mutt Mior.mßyr°lileke, nanorddwidyl ever dog my wife.
I was • very short distance from Senior ; if I had thraws
it at him be won't have been a deed men.
Cromexamined: I wont to the Reaso, and perhaps
baeked • horse Of two. I had not been in Hr. Dann's
believe alluded to plaintiff', debts in any way, diresall
orKrind.icoresUllinys, dr:l;ttbouselleituveohit.lmiguate
as
that.
„sass
oviThougs.:::::::;d7y.,:boiusedetil.:yanleohy,..ualivusemwureeTw'hearsarsedilynanioyltioltua—hideaverd:::::7E;iluabig—tasserkimi 11:6—Illini;"°401:1211.nyswItts;tieruIlelt.dc.yodifNnorl:
dba.:::Nywooirioylarootee:sia"uatrefmese::::::mthoelery.ybe.h..howil;nee;lpaiiver:Td"Gbziodafithisniddelsamonlesnitysie'bot
bold
my We. No one ever charged me with it; never Mid
enough. U you were to, I wocilidtui4hriaghiana,aotdiripookag;
yon—ilesigliktr). I never Bogged my wife. I did not
drank nothing. I meant Senior to have the content+,
but not the glass. I did not see any blood. Ile turned
and walksd towards the door.
Q.--It sobered him perhaps, this touching on the nose
with the glass I—d.. It may have don* him good.
Hr. Hotline: I won't go into your antecedeota.
Mr. Collins:
Mlndy:wfweecrile:bedaci.:7l:tboafte.r
;rydioowdu,ralreilant .--(throd midi:4llitabow:vbbie: lobbed the glass hand.

Crossexamd : I bet • little, Hive Is. on this
too, low aiming off; very good odds, too, £l6 %Wan
44.
Mr. Edward Dunn, of the Victoria Hotelopolre to the
altereation. lie, however, did not see th• slap or goo
glass thrown. As to the eleotloo money he said there
were lots of aocusatiorui in Weymouth—lots of squi4s.
but not mach money.
ff.dward F, Ilaldwin, of Twerlos, corroborated, and
mid the language from Senior to Hibbs WU very
tatitallaing.
Reginald Woodsock, gasfitar, spoke to Reniorg=
Creations for the preparations of the Thursday eo
at the Fountain.
Walter Cissll, billiard-room wilt., at the Victork.
deposed that Senior gave him • glees of brandy jut
before the row, and he drank It.
Sere. Harvey called In to the Victoria, saw the glue
owns with force at Senior's foes. Hs had Senior out. Senior had beam drinking a little but was not drunk.
Saw him the next day but oae at the door of the
Fountain.
Mr. Symonds addressed the jury on th• 'Adana; urging that Senior provoked an assault. The &es k•
suggested was broken by the fall, mid not by striking
plaintiff's face. He said a farthing would be sallialeet
damsges.
Mr. Wiling referred to the cowardly nature of the
assault, and deprecated the imputations thrown upin
every one. lio cleverly reviewed the *video's of Ike
defendant, and said the insult about the £lBOO eludes
mousy was brought On defendant by tanenad Plaintiff
regret,
umusa el
about
,pr'sghiadebtaed. assiarwould hays Looked
over Ii hid
which he sent • message that he had not seryed him
half had enough. Th• gaieties of damages was for the
jury , and he would not break through his rule of sag-
getting Lay sum.
The Under Sheriff said the jar, must eourilder how
much injury plaintiff had sustained, and how fax i.e
had beau oontributory to the assault.
The jury consulted for seven minutes, aid tau
verdict for £6.

•
askod the trader Sheriff to Guth fat
101110 but Mr. Combs sad he he 4 so pewit le ie