The Warwickshire Herald. — 1885-11-26 (Birmingham, West Midlands, England)

DISMISSED FOR SPECULATING.  On Tuesday, in the Queen's Bench Division, judgment was given in the case of Pearce v. Foster and Others, which arose out of the following circuit, stances. The plaintiff in IS.B became clerk to the defendants, merchants and commission agents in Moorgatestreet, at £BOO, and remained with them, until in January, 1882, there was an agreement that he should serve the defendants for ten years, at £2,000 a year. From this employment he was dismissed in August, 188.1, in consequence of his having for years speculated largely upon the Stock Exchange by way of time bargains. He now sued for damage. for wrongful dismissal, and one of the principal questions was whether what had happened justified that dismissal. The case was heard about a fortnight ago, and judgment was now given.—Mr. Justice Grove said that upon the history of the case he was of opinion that the defendants were entitled to dismiss the plaintiff. He thought that the plaintiff, having carried on speculations in the way which had been stated, was incompatible with that carefulness and competence which he was bound to bring to bear in conducting the business which he was entrusted with. A man who speculated as he had done would not have the power to devote his mind, practically exclusive:iy, to the service of his employers. A rea•onably prudent mar. would never think of employing as a clerk in a position like that held by the plaintiff, a person who stipulated that he should have the right to speculate upon the Stock Exchange at any time and to any extent that he thought fit. In his opinion what the plaintiff had done in this case was, in the words of Mr. Justice Coleridge " inconsistent with his service to his employers," and therefore the plaintiff, in the language of another case, had been guilty of "moral misconduct," and had given a good ground for his dismissal.—Judgment for the defendants with costs. It was arranged that there should be an appeal against this decision.  ATTEMPTED MURDER AND SUICIDE', Ernest Payne, 18, a barinan,was on Tuesday charged remand, at the Thames police-court, with attempting to murder a young woman named Charlotte Dash, by cutting her throat. He was further charged with attempting to commit suicide by cutting his own thnat. The prosecutrix in her former evidence, stated that while in bed the prisoner cut her throat and then cut his own. She now, in cross-examination, said that she saw the knife in the prisoner's hand, but could not ray if it was open. The accused did not go out of bed at all. As soon as he cut his own throat he threw the knife out ot bed. Witness would swear that she did not touch the knife. She afterwards saw the constable fiud the knife on the dressing-table, and it was then closed. While Mrs. Evans, the landlady, was gone for a match he said "You won't die. Come here and I'll cut it more." Witness persuaded him not to. She knew a hairdresser of the name of Robert Danuff. She remembered going to the pan's address about four weeks before this occurrence. She would swear that she did not say, "I am waiting for Eva Walker. I will stick a knife into her," but she admitted saying she would " pay " Walker. She did not take out a knife and show it to Danuff. Witness bought the knife produced for the prisoner. She gave a shilling for it. The accused asked her to buy it, because he had some hard tobacco, and wished to cut it. She did not see him cutting any hard tobacco with it.—The evidence of Mrs. Mary Evans, the landlady of the house, was to the effect that on the morning in question she was awoke by her husband, and on going to the prisoner's room she found the prosecutrix sitting on the brd covered with blood. On asking the prosecutrix what was the matter, she said, "I'm dying." Mrs. Evans replied, " Nonsense ; you must wait till I get a light, and I will see what is the matter." The accused then said, "Mrs. Evans, it is her neck; I did it. Fetch a doctor."—Dr. Andrews. house surgeon at the Poplar Hospital, said when he first saw tie prisoner he was suJering from an incised wound, which extended from the left side of the neck to the middle. It was not a dangerous wound, and not very deep. It might have been self-inflicted, or by someone else standing behind him. He was kept in the hospital for 10 or 11 days.—Mr. Openshaw, house Burgeon at the London Hospital, said the prosecutrix also had an incised wound in the neck which extended from the left to the middle of the neck. It was not a dangerous wound.—Other evidence having been given, the prisoner was committed for triaL  Mr. Philip Stiff, one of the oldest members of the Corporation of Dorer,died suddenl7 while sitting with his family At sumer on Sunday night.