The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-07-15

shereyorr becomes fnatter OF very serious
s,s;S.r,ftn,, for good people what " anu
...hs, {. sns divine worship Ia Massaehn
q .he last volume Of the judicial reports
aSu ~. state. lust published we find an a1ia1-
wv |, seems that Madame Fetal. worthy
a. u,ho lived ia the city of Char
ND, the shadow Of Bunker Hill mohu'
,nant broke her leg, or was Injured 10 some
a',ch vay IN an accident which betel morse
GU. 49, of the Middlesex Railroad Company on
,ha af,ernoou of Sunday, September ., 1868,
in which she was riding as passenger: ln
a amt brought by her against the raiiroad
CORPORATION, to recover damages for her I'D.
;ury as caused by their negligence, they set
nm In defence that she was travelling on the
Lords day; to which she rejoined that the
allegation was true, but that she was travel
ling lawfully to attend divine worship. And
the partjes butted and rebutted and sur-re-
butted until the issue was refined to this:
That Dame Fetal could recover damages tor
her leg IL the services which she was travel
ling TO attend were services for divine Wor'
ship but otherwise, under the benehcenti ia"
of massachusetts, the careless corporation
would 80 scot-free.
!. The case was tried on this narrow issue.
Madame Fetal, II appeared, was SPIRITUAL
ist. and usually attended public religious
services conducted by ministers OF her own
faith in her own reighborhood in Charles
town. But on this particular Sunday after
noon her Westinghouse was closed, and
looking around for some other place to wor-
shin, her eve fell upon the newspaper entl-
tied the Banner of Lsght, and fixed itself on
AN advertisement oil a camp-meeting TO ne
hold in Maiden. at which Miss Laura Ellis
would give physical manifestations IN a tent,
TO which an admittance Tee OF twenty-five
cents would be charged" The railway q
the MiddIesex Railroad Company runs to
Maiden. and NADINE Fetal was duly con-
ycyed 10 the camp. ground in the cars of that
corporalop. and then and there attended the
services conducted by Miss Ellis, the nature
Of which was testified to be as follows: Miss
| Ellis was nut into box with her bands
| tied music was heard coming from the box;
and when it was opened Miss Ellis was
found with her hands united, and ring that
| had been on her tiuger was then on the end
| of her noseI' It was on her way home
from these services that Madame Fetal broke
her leg. The counsel for the railroad com-
pany argued that this was not divine wor-
shin, but was an ''idolatrous show" and
was ADMITTED not TO the cdifca!ion but 10 the
disturbance Of "serious people," The jury,
however, found that it was divine worship,
and gave Madame Fetal $1,000 damages for
her i.g. The question Of idoatry and Jug
cery were afterwards gravely and exhaust
lively argued before the six judges of the
court OF lat resort by eminent counsel on
both sides, and The court, after solemn con-
sultation. refused to disturb the verdict.
We think that the railroad corporation
were righieou>y mulc.ed. Their plea Of
Sunday travelling, to avoid the just penalty
for their negligence, was mean one at the
best; and we are not disposed to dispute
the ruling of six SO learned judges. we
merely call the attention of such of our read
ers as reside in the good State Of Massachu-
sets, or are interested in its affairs, to the
fact that if anybody had blown post-horn.
or gathered sea-weed, or hoed potatoes in
such d way As to disturb Miss Laura Ellis
while she was in the box, whether the ring
was on her finger or her nose at the time
the offender would not only have been liable
10 the ordinary penalties for tue violation OF
the Lords day by unnecessary and unchari
table labor, but also to Imprisonment il
the Jail not exceeding thirty days, or fine not
exceeding fifty" for disturbing divine wor
ship. Let summer visitors 10 Massachusetts
heed and beware.