The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1874-11-24 00:00:00

LIABILITT OF • 'AMWAY OD AAAAA .

Wilbatts
korey butcher, v. The Great ITeetzra Railway
Company.— Claim r 5 for detention of fah, end the lOIVI of two
hampers Gundry for plrintiff, and Mr. Nantes for deka.
dants.—His Honour mid he RAI glad to me the Oro.; Western
Ceduitany bad at length seen fit to employ a professional e.ctille-
num. -Mr Nantes admitted on behalf of the company their
of el, toe value of the hatop..nt, hut dleduted the not.
- Mr. Gundry maid on the 9th June plaiotie tent eleven pad, of
I mackerel bye I:tte trait • the fish °tint to have been delivered
I hi Bristol by the early train it seemed they reached Bristol in
I the proper time but were not delivered till into in the tiao, and
consequenth had to be *old for "4 less than would otherwise
have been the case.—P'sintiff and he was a butcher livinh in
Eas, -street; on the 9th June he sent off twelve hundred
meckerel —eight hundred leoge, and four hundred small ; they
were contagnol to 31r Daniel Daily, fish talesman, of Bristol.
They were soot to the Bridport station in his pert, and his men
delivered them to the station-master, lie had been to Mr
Bond on various occasions about the fish, to try and mane ton
settlemoit 'The maeveret were caught fat Seatown, and
delivered at the Brklputt station at ball-pestsix in the evening,
the directiona he gave were that they shout be sent to Dor-
chester the mute evenieg, and go to Beirut by the 5.30 trait,
from there the following morming He had been paid
for the mackerel, whereas he ought to have received £7.—
Crum-examined by Mr Nantes: Had seen Mr Bond on previous
oecsalotts relative to the at:aiding of Bali; he did not know that
Mr Bond had scot them to Dorchester ma favour—he knew he
pald to extra for their being mot there. If they had not
&ven sent to lbochestur they could not have reached Bristol
lie
,t;ildl mid-
not
idak,..ie.yo,w;ashtethh,hcreroad we, a citoal, rate of
s nill all that hod been ioandedßinrgi:ll:h,uirt...hcon,moj.
lle
ism It aware that the company were not responsible for my
delay or hots thet might accrue to snake sot by the cheap
it woo
il he coo in the erntli'v
trrcr-irole,(llll.l7e:fizil:tu.titlketr,h,saeill,; lie g. otatin, on the eow'.'ng
Sir Iton,l, the nt_olin-
I 11or ti scud them on o', ti,at they would rracb 1t,t0t,.l early
°tnoroi'tg, anti he i.ettntiwnl to d.. on; he left the fln'i with
Fr..' cdl he carl.' the mackerel from rleabwo to
Jiisir id h
soot,
year..
..
titthefiwst" and
at
,a
had :requently dealt vrith Mr Morey. On the 11th June he
received a telegram toying that a quail:Cy of filth had been sent
oa from itridiori., and the tient morning he went to the station
at Minot and Inquired for the fish, but was told they had not
2.s:,,doinjieudthdiedbefanrroti
totheal'rnwerdthiv,wafiedilils. tow.lll:dierehthe7lfout
beyht:n.histndad.anicnnnot.liticivirk9mLheco,
rndidernoat
ftb.etcvahriaewiontiowtoo.:mithvile:jacheostaUot.cir;iBlin:ng:
a hundred as they ought to have done He had fifty women
working in the morning to tell the fish, hut by twelve o'clock
the market was over. He had had flit repeatedly sent the
some way by different people from Bridport, and they bad
arrived by the early train.—Cross-examlned : The fish would
have realised Its per 100 If they had been In Drib' be aix
o'clock, or Ifs at half-past nine o'clock.— Mr Nantes; You raid
jai now that as per hundred Dad been lost, now you my they
would have fetched die but where ultimately mkt for Ea
Witness: "You can talk as long as you like; you ought to he
made pay a good deal more than you do." He knew the
ph'.."tinesnk:d.hen‘t.syhoe"...tasti nh.lb°onuvictndhvh.e.yhtlett:::;ryl,,iedTl4:,,fr h;:itidnaldetuleosdn;tot,thtefect.hre4wcerw!cisrldifi: scluhhetal
y;;
at the etation on the day In question, but a man hndn't got to
lose his Itch because they were basy.—The eon of last, wit note
g to the station
....qdr:ulesti.'"lnozi:ntowtheelgfitnh:
again
em; wont miter a lo.dfat'u..oothrofeulmo:Mu.:scew,en":.butut.theLboithoeuso"ret—ywt;a:;:
minutes before twelve—no amount; he then looked about and
mere was the macterel in a deck corner; of course nobody
ontbour,t,..:hAbtulloit t"hir il-,:rienyplgetbdidwaserei:otaanLeihigrots:eoyar
imiltilereoffiath'itera of the led—hare been a ealesmen in Bristol X 1
Company to defend the case, as it wits of great inapo:tance to
years 41aughterbmhuindrIr
them. There were two rates of parcel traffic—the one con-
siderably below the other, and which was applied to all perish-
able goods, and notice was men that the comma, In carrying
at that rate would not be responsihle for any delay or damage :
in the present C 2•11 the fish were sent In accordance with that
understanding. Mr Bond had sent the fish by way of Dorches-
ter as a favour to the defendant, atd had only charged the
extra mileage; the first left Dorchester be the early rain the
following morning, and duly arrived at Bristol, but in conso
quenee of the Ilath and West of regland Society's show belog
held there, leery wen considerably more traffic, and the tram •
arrived half an-hour late, and if they had been called for at ten
O'Ckle• instead of half-peat nine they would have been found
to Le there. The fish were placed on the platform, and could
have been had, but the Conmeny were not hound to deliver'—
tli Honour said it seemed by the evidence that the fish had
been repeatedly celled for —Mr Nantes mid, by the
Company's printed notiocs, it gave up all responsibility
connected with the transit. Honour said a rail-
way company could not get rid of the restionsibiliiy
by any novice they chose to put up. A railway company was
resieneible except a sowed contract WM signed to that effect
by the parties sending If there was extra faellle at Bristol
they should have had extra hand. to do the work —Mr. Nantes
•aki his Honour having so decioed. he should now prove that
there had been no unnraaessary delay- -Richard Charles
Wintle said he was parcel clerk at Bristol etation he remem-
bered Mr. Dally calling it the 10th of Jute shortly after elite
o'clock; lie told him the fish were not there; the train Lay
came by was half-an-loot late. The fleh woo unleaded as soon
as they came, and placed on the platform; they never delivered
any of that kid of traffic; it had always been the case since
he had been employed there. He did not know of any dark
corner there—the platfonn was fully lighted. He did not see
Dally nor his son from Tillie o'clock till twelve ; he woe in
charge of the department the whole of that time, and could
easily have been found if wanted—Creesexamined by Mr.
(;undry : If Mr. Daily or his son had been there he mum have
seen them : there was a quantity of OM delivered at the station
idn. :011 r iyy
rsoi oar,
titl
.h.ttiah
t: tyn::,dra•i
all day
aihiew.r
0,1,:ja,0n.t.1.h...1:),,tui:tm0i hodi,ht his attentionrdaiiTind unhets
lulledudrawnhsni to
n eatytt,iLn.t.ne:!7ani.n—r
plaint a baut delay. Ile did not know of any dark corner there
at the time--the station had retently
Mr. flundry ; To let ill • little light, I suppose—(lauohter).
At the wirh of his Honour, Daily the younger waste:ant plated
in the witness box. avid in answer to his Honour, Mid he went
to the sta; ion five them, and at last found the mackerel where
he thought it WAS Hut lapsible for any mackerel to he : his
feher was tatty *ill. lom tot the first imasion.—Wittims
produced much merriment by his "Hell's" in response
to gum:lons asked by the Judge which ho could uot
octupteltutol.--The witmas Whale was again hut in
the hos, and said Drily the elder had admitted to
him that thu fish were not called for between half-oast nine
and twelve w.oloo‘. at which Mr. Daily lumina rather noisy
mul demons:naive, arid His Honour sahl If he diet not behave
himself he would he fined or imprisonesi. Honour sabi it
memo' quite elmr to I • that the Cotopeny was liable.- Mr
Nantte thought no special throng.; would be claimed, as the
I Company was nit row-coal to know what market the ash were
wanted ~,r.--His Honour °ter-ruled, and mid he believed that
young Daily had called for them, se he towed, but that the
servants of the onniany were chargeable with neglect as they
did not know the fish had arrived. Ile should therefore give
peignatit for plaintiff, with coats. -Mr Chivalry applied for the
of a a know from lention who had been mbovenaol ;
£5 boil been ant hint, hut he had not arrived, although a
telegram had been received, saying he had got into the wrong
train, and had found himself at Stroud ; hut he hoped to be in
britiport at I.4s.—His Honour said he tould not allow hi
Otu.thy maid his evUkliee would tune twen very
1.0,1.21.1.11, ho,I the thmtpany not admitted their liabilite with
rooted to the hampers. -A little later the without arrived in
comt, and said he had kit laindon 'he prevlotui evening at
5- it, but had got ittto the wrong train at Swindon. He
was
obliged to leave London last evening., or he could not have got
here before 1.15.—11 is Honour said ae could make no order in
pitlts'isieth:ltii:e"hhThi'un'lL:"'"dem.l:f:rat..l7l:ht:eir.lchn7fluohnt."kta:h:::"lthehierheMwadrhitiltid:lsse'r: ::::faho"li°"ldobuldid'.dhs"lebbt:e7kuwionidiWitettnnilitllbeo:
saying he tired not come, but it seemed
reach London till it w the intelligence did notas too late.

Witness never saw how hews' unkind. filie reeollected
the parties aiming to London along with the petitioners
mother in Iselo. The petitioner's mother wished to take
her daughter away from her husband. and her husband
wished her to go, as he said it would ilUt.r.Ve her. The
resismticnt asked her husband to send the wife sway from
his house. He refused to do so, IS he did not wish a
separation to take place from his house. The respondent
was displeased in consequence. He did not say why h.
wished bin wife should lament away. Witness considerisl
that the petitioner was always tr.ost attentive mil kind
to her husband, and he could never understand the eaj.
of his displeasure with her. All she ever heard him say
was, that his wife did not take an interest in him.—.
The petitioner's case was not finished at the rising of the
Court

NOVFIpER 211._

petitioner's case, at the clone of which Captain Stephen,,
the respondent. went into the witness box and detailed
the arrangemempntai relating to the marriage settlements.
In respect of these settlement, some disputes arose
Additional evidence was adduced on bedalf of the
between him and his wife's relations. They were married
at Kingston-on•Ttuunes, and from thence they went to
Southampton. He could not say whether his wife shed
tears there or not, but on getting to Alma Bank he saw
that his wife was unhappy. He
Hjudged that she WY so
from her tears and her silence. e was never allowed to
know the cause of those tears. He could only say that he
did not give any cause for them. He loved his wife, and
he knew that she loved her family, anti he propised
Inviting her mother and others of the family to visit
them. They came, but after they did go his wife con-
tinued in tears, particularly in ber privacy. There was
nothing unkind on his part to cause those tears. They
grieved him very much. His wife's friende highly
aren.v.l of his establishment, and said he hail given her
a meet eim.fortable home. After his wife's friends /It
hi, wife kept on moping. In April after the marriage
they went on • visit to Captain Purvis and his wife, no lie
resided near (import, Titer were happy enough there
except that his wife wag at times in tears, and geeing her
go lie could not he happy. All his desire was to see his
wife happy, and it gneved bin, to lee that elle was not so.
She was on one oecasion disagreeable with Mrs. Purvis,
awl he apologised for her conduct, and expressed his
regret that his wife was not an agreeable 000panion.
were going and endeavour to reason her into
Finding his wife so disagreeable lie wrote to her mother either to come to the house or to meet them in London where they ,
better humour. That fetter he showed his wife, hut find.
jog that his wife got better, he wrote her not to coil,
The mother, however, did meet them in London at his
brother's house, of which he was the joint owner AA
altercation ensued, and the consequence was that he left
the field to the ladies. lie did not, however leave thg
house, but as his wife would not go home to Alma Rank
with him, he went to Aldershot to see a friend. After.
wards he received a letter from his wife, stating that she
would meet him at Landurough Station, from which they
went to Alma Bank. After they arrived there matters
were just the same. His wife RSA silent and seemingly
unhappy. She also became very abusive. She called him
• bully, which he considered rank ingratitude. Ile asked her to retract, but all she said ISSN "Perhaps you did not
wish to be • bully." He then told her that he must leave
her for a time, and he wrote to his mother-in-law to nen*
to her daughter. He left his address at the Army and
Navy Club, and he should have been highly pleased had
she written to hire at once to come back. He did not
receive any letter frorn his wife, and he heard that she
had left Alma Bank and gone to her brother's. After
some time he left for America, and he arrived in New
York on the lath, August, Mitt Before he left he heard of
his wife's premature confinement, and he wrote to her
and sent her e5O by a brother officer. That money was
refused. After that and before he left for Amenca he
signed a document agreeing to pay his wife .C.lOO a year,
the money to be paid by his uncle, a hanker at Reading
He wrote to his wife on his arrival in America, and in
the summer of Itl6l he was again in fingland.-31r. Torr :
Where did you reside when in England I—Capt. Stephens:
Well, I was so miserable and downduarted that I did not
care about seeing nip old friends. In consequence I did
not put up at the Army and Navy Club or at hotels, but I
put up in the City. Finding that his wife gave no sign
of returning to hini he again went to America, and in the
course of the too, lee was away from his wife he
creased and reernse.l the Atlantic three times. He did
so in order to pax, off the time. On his fourth return
from America be had an interview with his wife, and
asked her to return to cohabitation with him, and she did
so. After that they lived at Ryde, Bournemouth, and
other places, and they had a very fair, agreeable time.
After that they went abroad, but he positively denied
ever having illd.reated or struck his wife, either at Spa,
or Florence, or anywhere else. They arrived in England
in 1866, and as his wife's brother was at the School of
Musketry at Ilythe he took a house there, and the) spent
there about the happiest time in their married life. Soon
alter they went to Cheltenham, and from there they went
to Broadstairs. There his wife set him at utter defiance
and abused him. When she provoked him in a moment
of intense exasperation he did gay that she was the Curie
of his life. In regard to the charge the Petitioner made
against him of punching her in bed so that she wu
obliged to go to the nurse's room, he gave • peremptory
denial to it—The examination in chief of the respondent
was not concluded when the court rose.
__

liovenaltn 21.
The examination of Captain Stephens, the respondent
in this cause, was continued this morning. He dated
that when he and the petitioner resumed cohabitation
after the Boulogne separation they lived moderately
happily for a few inonths, and that when there appeared
a !Likelihood of their relapsing into the old condition
he invited his wife's youngest brother, Mr. Reginald
Urquhart, to day in the house with them. Mn. Stephens,
however, continued "defiant" towards him, and one day,
when she was in "actual rebellion," he required that she
should occupy a separate room, and, to avoid scandal,
ordered that no visitors should be allowed to me her.
After hearing further evidence, the case wa.s adjourned
till Wednesday.

The Bank late remains 5 Per cent.
The Manjuis of Townsend aft total ale,stainer.
Her Majesty the E.nnre-o of itu,,is 11 now quits
restored.

A translation of Othel.o in Hebrew has been pubibled
in Vienwa.

of NI ayari, in Cuba, bas ken dem.' oyed by au
inupdat _

Sir Charlee Dilke is, it 14 said, about to undertake a
journey to the Et.
The building trade in New York is said to be In a very
un,atilfaetory condition.

The London cs !non are propoaingtocorumuncebusinesi
on the cooperaLive principle.
During the find year of their introduction into America.
112,01:001 postal cants have been issued.
The ship-builders and engineers on tie Clyde have
agreed to reduce be wages of their men.
Captain Clark has sueceeded the lion. Eliot Yorke is
equerry in waiting to the Duke of
Mary Finegan, aged tin, is still alive at the Armagh
Workheuse Hotpital. her only e:.t,a kin,: a li.tle
The SOOOll. i balloting in Itome, nnult.l in the retort. of
Carilia!ili for the iirn and fifth eectoral districts oi that
city.

ihe 111,11,.1 Railway allArviluldigs. at a INIICMIIve:i1.1,
hare avi.reepil the imthey at the diree:..• a aaUvle•hitsz see+mtd-
class.

There are at pre eat not lea than 911,060 of the me.
rhanic and labounng clames out of employment in New
York.

•
Numerous accidents are reported in consequence of the
dense fog which liar prevailed in Loudon during the past
two days.
The investigation ad to the ident;id or the prisoner who
calls himself Nana Sahib continued, but it become, in-
creasingly- doubtful whether he id the right man.
The`Mayor of Ilinninrhain has re rived from the Prince
of Wales a cheque in' SAO, as • dona Lon ts the building
fund of the Midland Institute.
_

The Court of Counn.on.lini; hat decideal that a militia
sergeant is not entitled to vote in respect of • how
occupied by him in that capacity.
Pepperell, the leading c'uoir boy at St. John's Church,
Kingston, has beeen committed tor trial at the assizes,
charged with sacrilem by robl ing the alum box.
There is e onsidorable excitement in Wathinztoa
Territory over discoveries of. gold and silver, and an expert
haabeen sent from l'allfo,.n•s to examine the mines.

Tti-....Aire—h-I:iiihop of (.nterbilry has I,untradieted the
statement made in some High Church paps. a to the elect
that he had beot baptised by a Ow.,
A woman. SO Years of aGn living in Smithfieldt has
attempted to CDllllllit wicidi 17 cuttiw: her throat with a
- •

Six thousand monuments far the gntres of unknown
soldiers of the Union army have jurt beell ibijp.l frons
the marble yards at Mabel.) (Masa.) to New Orleans.