The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1866-12-01 00:00:00

COUNTY COURT.

The monthly sitting of this Court was held on Tuesday
last, before F. 'familiar, Esq., Judge.

Smith v. lia4ll.4.—Tlais was an action to recover £l,
being the balance of • horse transaction. Plaintiff, who
is a lior.e dealer, residing at Brierley Hill, said that in
November last, he sold the defendant a horse for £l2.
Defendant paid haw £ll, leaving a balance owing of 20s.
DAendant stated that he bought a horse of plaintiff for
£l2, who represented that it as. sound, and only five
years oil. He found that the horse was older, and that
it was broken winded; and the plaintlf hail prowised
to change it. Verdict for the plaintiff for 10s.

SANDSIIS V. LANK.--11141C CASE.
At the County Court, on Wednesday last, before F.
pinotlale, Esq , Judge, this was an action brought by the
plaintiff to recover I:50 from the defendant, for injuries
lie had sustained by the defendant.
Mr. Maltby appeared for the plaintiff, and Mr. Barbary
for the defendant.
Mr. Maltby said in this case plaintiff was a hay and
straw dealer, and fa tem., residing at Bourne Heath, and
the defendant was a Police-constable, residing at Bel-
broughton. On the tat of June he attended SCourbridge
in the ordinary way of his business. On that day there
was an annual dinner given to the notice by the trades-
men of the town. After dinner it ainears that the de-
fendant called at Mr. Heuniug:a pi/bile-house, which ad.
joins the Court, where the plaintiff was. Defendant
stayed there some time drinking, and asked the plaintiff
to let him ride home with him, lint lie refused, lie
afterwards got in. A wan named James Irish, and
another named Davis. were also in the cart. A brother
of Irish's sonic time ago was in difficulties, and when
near Bagley some chaff was indulged in between Irish
and Lane. Plaintiff, who had a quantity of grocery in
his cart, said if they did not drop it Lane must go out,
as lie would not have his grocery spoiled. The palice•
man then said, "lots put me out after treating yon."
Plaintiff turned round and said, " You treat use ? " With
that defendant struck hint a blow on the head, and
knocked him riot ol his own cart, and ill treated him to
each an extent that he was unable to iittend ta 1119 bitsi•
ness. After illtreating him is the way lie did, they hail
the audacity to put Inui into Iris Ott Ii cart, drive him back
to Stourbridge station, and lock him up all night. Mr.
Freer, surgeon, was at once called in, and had to sew up
the wound. Next morning he hail to be taken Ironic,
1 where he Was confined to Ilia bed for eleven days. and
unable to attend to his work for more than three weeks.
! At the end of a month he was autinuoneil to appear be.
fore the Magistrates, where lie Wan chereed by Litre with
assaulting hint, and antler his (Mr. )faltby's) advice a
cross•stuninotis was liken oat, sod after Inuring the case
tie Bench dismissed it. Notice was afterwards sent to
the defembint, according ti law, and he did not take any
other step, but gave the' defendant every opportunity to
make some reeompensti ; but he bail not dire SO, unit the
present action was brought. Ile should call several wit-
nesses who would Fore the injuries that plaintiff had
received fonts the defendant. Ile should also call wit-
nesses to prove that the defendant was drunk; and if he
proved this, he sleuth' aik the jary to give such colapen•
Patina a. would nos-t tile ease, but in his opinion rso
e 'old not anapensate for the injuries he bad received,
•id the loss lin bad sustained in business. He
should call the Witnesses, and they would hear and then
judge of the fachi of the Care.
Charles Sanders deposed lam a hay and straw dealer,
and reside at Bourne Heath. I are in the habit of at.
Settling Stourbridge niarket. On the Ist of June I at-
tended. I know the defendant wire is stationed at Bel-
broughton. The first time I saw him was at Mr. Hunting*,
the Swan Sue, at about a quarter to six. I afterwards
saw him in the smoke room, about half-past eight. I
went into the bar end he followed me. Ile naked me
bow long I should be before I went home. I told him
about threeaptarters of an hour. lie then had some
sherry. I started bonie about ten o'clock. James Irish,
Davis, mid Lane were in the cart. I had stone grocery
in my cart. Lane and Irish began to " row " at Pedmore.
I told Line to get out. as I would not have my grocery
d imaged. He said, "tell me to get out, after I have
been treating you." I said, " Yon treat me; pet are a
liar if yon say so." He Pahl he had. Me had no sonner
said that than he drew his staff, stunk me, and knocked
me tint of ay own cart. on the driving nine. I 1101 S
struck on the forehead. I fell nut on the forepart. of the
cart. As I was falling ThVii eased me down by laying
hold of my coat. Davis flan jniuped nut, and retinal 1110
up agiinst ths shaf'o of the cart. Before I had rein.
rerun myself defendant came at me again, struck 11111 on
tire heal, awl knocked Ille dlll9ll. I then hail a struagle
with him, no•I he knoeked me lowa again. I got no, and
ha got Our, dowa again in the road, put his lime upon me
and continue I lumting tan for nearly half all hour. I
told him to kill me out of the way. Police-constable
Ifooocr was sent for. During the cone he VMS sent for I
WS9 011 the ground. When Hooper came, I was hand-
cuffed to my man, trials. I was then pot in the cart and
brought to Stourbridge atatinn, and locked up all night.
I became insensible. Next morning I Was let oat by
Mr. Freer. I was in bed eleven days, and confined to
my house for a month. For. forlam attended nie there.
Alaut a month after I was tried at Stotirbridge, with
Irish and Davis. The case was heard and dismissed. I
have not yet recovered, and &nil think I tiver *Mall
Thome,. Davis deposed : I remember being at Hein-
ing's, on the first of June. I SSW Poliee-constable Lane
first, in the afternoon. Plaintiff was there. and I had
amitething to drink with him, and then went la market.
'lthen we r -turned home I rode in the cart with James
Irish. Sanders, and Lane. Irish and Lane had some
words together. when plaintiff said if they made a noise
lie would have them out of the cart. Defendant said,
" D-- it ; you turn me oat after treating you." Plain-
tiff said," Yon treat inc'' Defendant then struck trite
and knocked him eat of the cart. I eanght hold of him
and reared him up. Plaintiff was knocked down three
or four times. Plaintiff said, "Kill me at once." I ran
to fetch the police from Cleat. When I returned they
were gone. I thought &WWI' was killed.