An Arbitration Case

The new hospital had only been opened for four months when the building of the new fever hospital was involved in an arbitration case. A meeting was held in the Board Room at the workhouse. Mr. Charles Morriss a builder of Clifton Mount was dissatisfied with the manner in which the hospital had been built and after inspecting the place considered that the contractor had not fulfilled his contract. He wrote a letter to the Chairman of the Board of Guardians saying so. Mr. Blackmoor considered being libellous and defamatory.

A writ was procured against Mr. Morriss, citing him to appear at the ensuing Leeds Assizes to answer an indictment for perjury. Agreed by mutual consent an architect from each party was allowed to inspect the fever wards. Mr.G.W.Wilson, an architect from Sheffield for the plaintiff, and Mr. G. L. Abbott architect from Sheffield for the defendant. These gentlemen however were unable to agree and it was decided by them to umpire to adjudge in the case and the person appointed was Mr. W. G Habershon an architect of London.
Mr. Wilson opened the meeting pointing out that Mr. Blackmoor's plans had been were executed and submitted to the Board for approval and he instructed to get tenders for the work. Tenders were obtained amongst them being one from Mr. Harper a builder of Rotherham and also one from the defendant Morriss. All the tenders were put fairly before the board, and eventually Mr. Harper's tender was accepted his work was done under the supervision of Mr. Blackmoor. When the workmen came to set about the building it was found desirable to make considerable alterations from the original scheme, after the contract had been formally signed it was discovered that extra foundations would be necessary. These alterations in questions were made with the consent of the Guardians. He finished by saying the letter by Mr. Morriss was libellous but also that the allegations were false.

Mr. Blackmoor explained that he had been an architect and surveyor in Rotherham for 27 years. For 20 years he had been employed by the Guardians during that time he has never had unpleasantness with either the Guardians or the builders. He had no ill feeling against Mr. Morriss and had frequently recommended him to gentlemen in the neighbourhood and he had done a large amount of work for witnesses during the last ten years. Mr. Joseph Harper, mason and builder explained he had been a builder for 30 years all of that time in Rotherham. He was the contractor for the fever wards he said the letter was likely to damage his reputation. Mr. Thomas Straw also gave the porter at the workhouse evidence in support of the plaintiff's case and Mr. Daniel McNee the latter gentleman giving it as his opinion that the communication sent to the chairman of the Board of Guardians was highly prejudicial to the reputation of Mr. Blackmoor. He heard about the letter before he read it in the paper.

Mr. Abbott, on behalf of the defendant said Mr. Morriss was a man of  long public standing as the plaintiff and it was a matter of considerable importance to him to have goodwill of the gentlemen forming the Board of Guardians. Mr. Abbott explained that a week before the letter had met a member of the Guardians and in sequence of some conversation, which took place he advised Mr. Morriss to write to the Board in justification of himself for not having been successful in gaining the contract in connection with building the hospital.

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© Neil and Janet Croft 2005