Penistone, Stocksbridge, Hoyland & Chapeltown Express, etc. — 1899-02-17 (Penistone, South Yorkshire, England)

ORGAN-GRINDER'S PLAINT.  AMUSING COUNTY COURT CASE. At the Sheffield County Court, on Friday, before His Honour Judge Wady, a case was heard is which Ciccoritti Cormini, organ proprietor, of Copper-street, Sheffield, sued the Sheffield Mineral Water Syndicate, Limited, to recover £ll, damages, caused by the negligent driving of one of the defendants' servants. Mr. Harold Thomm (instructed by Mr. A. Muir Wilson) was for the plaintiff, and Mr. T. E. Ellison (instructed by Messrs. Webster and Styring) for the defendant company.—ln the absence of an interpreter, plaintiff's evidence could not be taken at the °tweet, and the first witness called waa Mrs. Cooke, landlady of the Tankard Inn, Ecclenfield, who said that es Thursday, December 15th. at about half-pest five o'clock in the afternoon, plaintiff and another Italian were playing a piano organ outside her , house. Hearing some noise she went out and found the organ upset on the footpath. The adorned glass panel was broken, the left-hand shaft of the stand was broken, and she thought the crank was also . The piano was taken into her stable, and morning she beard some of the children playing on it. It played several tapes then, and seemed to be all •sight.—Fred Palf:evman, drayman, in the employ of the Mineral Water Company, was called for the defendants. He said that on the day named be was driving towards Sheffield from Chapeltown, past the Tankard Emlesfield. It was between half-past fire said lb o'clock, and the evening was pitch dark. He was only driving at an ordinary trot, and outside the Tankard Inn, the wheels of lie dray caught the shaft of the organ. The shafts of die organ wen pointing out into the road. The organ had Ea lamp, and he did not know it was there until he ran into it. The horse took fright at the organ playing and ran on, plaintiff giving pursuit. "He pulled out a dagger,' witness went on to sac. "and tried to stab me with it, and I pulled out my fist and struck him between the eyes. (Laughter.) Then I got on my box and went away."--An interpreter having been obtained, plaintiff was put into the box at this stage. His evidence, obtained from bun with some difficulty, was to the effect that the wheel of the dray caught the wheel of his organ stand, and overturned the organ. Tbe driver did not stop, but whipped up his horse and went on. The organ was damaged so that it would not play at all. He tried it the same night, but only got a "little bit" of Round out of it. (Laughter.) He had sent it to an organ firm at Manchester, and the bill for repairs came to £9 4a,, and be also paid £1 16a. for the hire of a substitute organ whilst his own was away. He asserted that there was a lamp on his organ, and a big stationary lamp close by.—By Mr. Mixon : Witness said the organ was his own property. He bought it. in August, second-hand, and paid £l2 for it. He tried the organ the sane night as the accident, at about a quarter-past six, and it would not plac.— Miss Cooke, daughter of the landlady of the Tankard Inn, who was introduced by Mr. Ellison as a young lady of msekal tastes, and therefore an expert witness, was called to show that the organ was not so mach damaged as plaintiff made out She stated that she beard the children operating the organ in the stable tho morning after the disaster, and she heard three or four tunes played. The musical part of the organ was all right, and the tunes were played correctly. It was as good as the night before.—Asked if she eould name the tunes, witness said that they included several waken,, and a song entitled "Our Lodger.' (Laughter.)—Mr. Thomas: I have heard that name before. I think—" Our Lodger." (Laughter.)-His Honour said he believed be had beard of it. too, or one something like it.—Mr. Thomas an witness) : You don't play a barrel organ do you— you play an ordinary piano, I suppose? Laughter.) —Witness Honour, in giving judgment. said plaintiff might thank his Man that he was not being indicted for grass fraud, and that he was not standing in the dock on trial for murder. Ile gave judgment for the defendants.