The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1869-08-21 00:00:00

THE STOURBRIDGE OBSERVER.

health of Mr. Rind Mrs. 3 sines Walker ; which •
was responded to by his brother, in the unavoid-
Ole absence of Mr James Walker, and in the
same hearty manner by the men. Mr. W. H.
Packwood toasted the health of the men at the
Heath Glass Works. Mr. P. Walker, in res-
ponding. said he was much pleased with the kind
-xpressions that had been uttered in respect to
i.iinself, ilia brother, and the memory of his late
father, whose noble examnle for industry, rune-
'lmlay, and business habits, they should always
ondeßvonr to emulate. He WRP4 satiqied with the
men in his employ; but would still urge them to
.ndeavonr to excel in their various departments,
Is improvement was not only the demand but
the necessity of the age. He was glad to see so
many of his old men present, and hoped the
same harmony and mutual good feeling would
continue to characterise the government of their
works in the future, as in the past. I,Cheersi.
The remainder of the evening was spent in a
convivial manner, and was enlivened by some
good songs by Messrs. Packwood, Lewis, Soager,
Perry. Price, &c. A vote of thanks to the host,
Mr. Thompkins, concluded one of the most
gratifying entertainments.

THF.ATEF. ROYAL.—On Saturday, Monday, and
Tuesday nights, three performances were given
at the Theatre, in Barlow's yard. The com-
pany, which was the best that has visited this
town for a considerable time, was under the man.
ammient of Mr. A. Creswell, of the Prince of
Wales Theatre, Birmingham. The principal
performers were Messrs. Barton (Theatre Royal,
Birmingham). Creswell, Nelson, MeNatiy, and
Archer, Miss Pauline Cross, Miss Emma Reese,
aud Miss Young. The first piece selected was
the " Ticket of Leave Man." On Monday night
the drama of " itattlielle, the Reprobate," and
on Tuesday evening, "The Honeymoon; or how
to rule a wife." We shall not attempt to par-
ticulars each performer, as the various parts
were well sustained, and highly appreciated by
large audiences as was repeatedly shown by the
rapturous applause given. During the evening
the Fife and Dram Baud played at Intervals in
Theatre.

_
w.vora Cass.--4t the Petty Sesaions held yesterday,
Ware Major Fletcher and e. Noel, Thomas Pear.
MAU wen summoned by John Wooldrhige for 114 ad,
wagea alleged to be due, Alba. hearing !hp Cage, tho
lieueh did not think it wail made out to their satisfaction,
and dierniased the clam.

-Guano:l or TRKSPAPI,—WIIIiam Ynnn, glamblower,
wee charged by Wilama Toy, to...keener, with trop.
slog no land In the occupation of !tubed Bills, on the
flth instant, in search of conies. Mr. Perry appeared to
support the charge. George Jones proved that he was
engaged Patting barley Sr Mr. BIN. Mr. Foley had the
right of ahootiug. Defendant was by the field. end had
a dog with him. Two rabbits got up, The defendant
.et the dog upon the rabbits. One got away; the other
was killed Defendant nleaded guilty, mid was tined Ms
and costa in default 14 days.
CHARGE A 11AINei A Pcol.w.os —Thomas Wilkes, land

... .
of the Vick Horse. Coventry•atreet, was charged by
S ikoaadirieloot With having his lionse Open for
:Leii. if liocr before ihe hour if halt post twelve o'clock
,11 the lath 11.4. Poliiiewiergetint t igley said he visited
Ito li..noe if il.t.emlaut on Sunday morning. In a cot.
t Ivo at cie back of on hone, and found sit teen amt a
w.nuou in. One Mali and a WolitSil Was Up stairs. TWA,
men he found In the coal hole. There wan a pint pig of
ale on the table, and some ale in another The female
Wait a prostitute, and one of the men had been convicted
twice. In answer to the Bench, witness ~id that de.
feedont had Lot long kept the house, and it Was Owes,
iii which so Meek ilitlleillty took place in getting the
transfer. The Bench said it Wass Very Serious ease, and
need himlO end cost, £.2 12a ;in default 14 days'
imprisonment.

. .
A SIACLUNG A WONIAN. —George Wooldridge, of the
1,5 e. wa, eharg.ol by Maly Banner with aysitulting her on
t•ie 17th inst. Mr. Peery defended. Complainant, whose ;
hee was frightfully bruised, said she was going home
with Mr. Meredith, who stayed Ito•liimi for a short time.
when the defendant came up to her and said Id she did
not let non have what he wanted he would kill her. She
relayed. and defendant knocked her down, struck her
several toncs about the face, and kicked her twice.—
Jo,epli Meredith said he lived at Cradley. On the 17th
went to pay souse astinci to the collector at the Heath.
On returning house, complainant was with him, and they
coiled in at the liquor shop. Defendant was there.
Shortly after they left to go home, and on the way called
at Mr. EvesoWs mid Mr. Brooks's, to have something to
drink. Witness had occasion to stay behind for a few
minutes, when he heard complainant shouting. When
witness got up to her, he found complainant down°. the
Its, Defendant hail gist her down, kneeling upon her.
A man of the name of 'Wood helped to get her up. Mr.
Parry addressed the lAdich for the defence, and con-
tended that Banner anal Meredith were drunk, and that
defendant was going towards his home, when the corn-
elainant tried to rob him. It was preposterou, to try to
fasten upon him a criminal charge, the defendant being
a young Mall. and the complainant on old woman. and
Meredith being only a few yards behind fare; and called
'Philip. Wood, whose evidence went to prove that Ban-
ner and Meredith were Loth drunk, and that Meredith
threatened what he would do to her who•n he got home.
Mill that she woo not marked at the time she got up alt'
is.. ground. Mr. Perry said he had other witnesses. but
the Bench said they were quite eatidied, aud dismissed
the ease.

SCENE IN THE COUNTY COURT.

PRESCOTT V KING.

At the County Court held on Wednesday last,
a ease was set down for hearing in which Me.
G. W. Prescott, Solicitor, appeared as plaintiff,
and Mr. W. H. King, Solicitor and Magistrates'
Clerk, the defendant.
The 1106011 Wee brought to recover the sum of
be ad., for fees paid by plaintiff for summonses
against a persen natned.Joseph Sankey, who was
charged with assaulting him, and wilfully dam-
aging his emit and hat.
Timis: was a set•oti pleaded hy defendant of
fees not paid, in the ease dismissed against
Sankey,
Mr. Prescott appeared to conduct his own
ease, and Mr. Gould (Pearman and Gould). rose
to apply for an adjournment, on the grounds
that Mr. Moth:ram .of Birmingham, being en-
gaged by defendant, was unable to attend as he
Wee obliged to be present at an arbitration
Cafe

Mr. Prescott objected to the adjournment, on
the grounds that if the ease was not heard at
this court he could not brinl it on again, as he
:mould have to give a month's notice, and he
should be precluded from bringing it on within
three mouth's, as the law required ; and said it
was a doilgo to get out of it. He had been
served that trick before, and he was not going
to have it played upon him again.
Mr. Dinsdale, the Judge, suggested that it
should be referred to some person to settle by
arbitration.

Mr. Prescott said he was quite willing to refer
the case if the defendant would pay the arbitra-
tion fee.

Mr. Marcy, the Clerk of the Peace, was named;
but this was objected to by Mr. Prescott on the
grounds that he was au interested party. He
was willing to leave the case to Messrs. Bourne
and Owen, gentlemen who have had great ex-
perience in police matters, if defendant would
ply the arbitration fee, but should prefer to
bring the case into open court, as he considered
it a robbery, and many poor persons had been
robbed in the same way.
The Judge: Those are strong terms Mr.
Prescott.

M. P:eseott : Yes, they are, and I can prove
th, ra.

The subject then dropped.
At the sitting on Thursday Mr. Godson sat
as Deputy Judge, and just before the adjourn-
ii e A of the Court,
Motteram said there was a case, Prescott
v. King, in which he was informed there was
some difficulty.
Mr. Prescott said he was not aware there was
difficulty.

Mr. dodson said there was a difficulty; but it
existed more in his own mind, in consequence
of his having been concerned in the case.

•
Mr. Motteram said he was quite willing that
his Honour should take the case on condition
that on the application of either party the Court
should find it was a proper case for appeal.
Mr. Prescott could not agree to that. There
was no right of appeal. The Court had no
power to order such a thing.
Mr. Motterarn ; The Court has power under
a late Act of Parliament.
Mr. Prescott : It is only on a question of law
you can grant an appeal; and this is a question
of fact.
Mr. 'Motteram : Thero is no question of fact—
the facts are admitted.
Mr. Prescott : You have pleaded a set off to
I my claim.
Mr. Motteram : My feeling is that the ques-
tion is one of pure law. The facts are not at
all disputed. We are or are not entitled to the
money. If we are entitled to the money, there
is an end of the case, and if we are all depends
upon the law.
Mr. Prescott: What question of law can there
be. Here are the rules showing what Magis-
trates' clerks are entitled to receive ; and these
I will show at once he is not entitled to what he
has charged in any possible way, or shape, or
form.
Mr. Godson: It is exceedingly difficult for me
If I heard the case, I could not give a case for
I appeal. Rot I should rather not hear it.
1111 Mr. Motterain I say there are no facts in dis-

pute.—•Mr. Prescott: There are facts •.—Mr.
Prescott may make any statements he likes. I
shall not even contradict him. Ent I assert
there are no facts whatever in dispute, tweets,'
WO admit the receipt of the money which Mr.
Prescott alleges he paid to Mr King; and there
can be no boubt that Mr. King claims a set-off.
But the construction of the tables alluded to by
Mr. Prescott depends upon a question of law and
the construction of the table of fees.
Mr. Godson: lam is such a position that I
know diffieulties will arise as to the facts; and I
would rather not hear the case.

Mr. Prescott : I can see no difficulty that can
arise. There were two summonses for assault
and one judgement.
Mr. Motteratti : This is &question of fact that
caanot be disputed one way or another.
Mr. Prescott: But you are charging fees in
two eases.

Mr. Motteram : lam not speaking to you. I
am admitting whatever the record sets forth.
Mr. Godson: Well, I should not like to say.
I would reserve a ease for appeal before I hear
the case. It will be a very important point.
Mr. Motteram : I will more it by certiorari; it
is a matter of considerable importance to
us.

Mr. Prescott: It is no nee taklino: about rer-
twotri. You cannot do it under
Mr. Motteraui : Then you will adjourn the
case.
Mr. Godson: Yes.

Mr. Prescott: That is exceedingly hard to me.
It shuts me out altogether from a remedy; be-
eause if the case is adjourned for another month
I urn precluded by the 30th section of the 11 and
12, Vic., chap. 43, from raising the question.
And that is why an adjournment is required.
Mr. Godson : You see, Mr. Materam might
say to me Yen were engaged in this ease, and
ought not to hear it," and I have no answer
to make.

Mr. Prescott : The very first four items con.
yids the defendant. Mr. Prescott read over
the items, and appealed to the Judge's remem•
brance of the circumstances of the ease to verify
what lie was saying.
Mr. Motterani: Nothing can be more eon•
elusively prove the impropriety of Mr, Prescott's
conduct than the fact that he actually applies to
the Judge to be his witness in matters which I
dispute altogether; and when he says that these
four itines convict the defendant at once, I say
it is untrue.

Mr. Prescott: That is untrue. There is the
Judge who will tell you.
Godson I cannot promise to grant a case
for appeal,
Mr. Motteram : Then I object to your trying
the case,

In arn:wer to an observation from Mr. Pres-
cott,

_
Mr. Godson: How can I try it when Mr. Mot-
tenon ohj..etA.
Mr. Pcescott : In answer to that I say you
were simply t.ounsel itt ui assault ease ;and sop-
in action brought to recover the fees the
Clerk has put in his pocket, you were no party
to the case.

Mr. 111(Ateram I any that Mr. Prescott is act-
ing moat irregularly in saying that Mr. King has
put fees into his pocket. I say that Mr. King
did not put the fees into his pocket.
Mr. Prescott • I ray he has.
. . .

Mr. Metteram : Dt contradict me air; sit down and
behave youmelf properly.
Mr. Prescott: I say hc has put them into in
pocket.
Mr. Motteram: How can a men contact himself in
so unbecoming is manner in a Court f dilative If I
can hive the ease tried so a question of law I am per.
fitly content you should try it ; lint I ion sure yotir
f.elinga would forbid you trying a rose where yon were a
witness to the facts, and after being appealed to by Mr.
Prescott.

Mr. Prescott- I have not appealed to your Hon-
our.

Mr. Motteram : I dou't think Mr. Prescott knows n hat
he does.

Mr. Prescott: Oh, you know it will not do for yen.
Mr. Motteram, to come here and Waster, as it does in
some Courts.

Mr. Yotteram: Yoo know, Prescott. tnoi have had one
or two thrin.hings recent iv. and you will have auotker if
you Aon't conduct yourself polo riy.
Mr. Prescott: It you will collie out I will thrash you
will d---1 soon thrash you. .

Mr. llotterem : You conduct yr;urself like a mailman,

Mr. Prescott : You are aimply a fool. If I'm a mad.
nuim we know which is the greatest fool.

Mr. Godson : If you ore -going to use such language.
Mr. Prescott, I ahall have to interfere.

Mr. Prescott : Well sir, you may interfere, If n
counsel Wks about thrashing, I am perfectly justitiel
If be will come out I will thrash him.

M. Mater= : You little puppy.--
Mr. Prescott : Puppy ! There is the itinerant barrister
and fool.

Mr. Godson: If you will continuo to use such lin-
guage I shall have to use very strong measures. You
hove both indulged in :posidialities. (Mr. l're...ott in.
terrupting). Will you be quiet. air?
Mr. Prescott: No, I shall nut be quiet ; you can cam-
mit at your peril.
Mr. Godson again ordered Mr. Preacott to be quiet,
and denrecated pprsonalitirs, atter which he asked Mr.
Motteram to show his Authority for granting an appeal
in case it should be claimed.
Mr Motteram pointed out a ease.
-. • - .

Mr. Godson iniestiol that there shonld be an ad
journinont no a initiid understanding that there aliould
Uo no adaanlago taken of Mr. Prescott's inability to
bring an aetlau after a lapse of three inontha.
Mr. Motteratn:l 1011 t agree with Mr. Prescott's law
them.

--Mr. Prescott : I know as rrindi alintit law as you do.
Mr. godson : Will you. Mr. Prt,cott, ref. do from
ni,,k14,1( Queh remark., ? Mr. Mott-ruiti has mad nothing
hut what he boo a perteet right ta say.
. . . . .

Mr. tinibinn wo.tir talce ow Mr. Mt.
tenni had poitited nut into con.ideratiou, and tin
juhrn the Court
,tor f.w ninuteß.

• On resuming the bu•itiesa of the Court. Mr. eirehion
• : I think I have the power it grant an appeal ; but
I must refuse to bind myself to it so.
Mr. Motteram said he 1111Ist object to Lig Honour hear-
ing the case, on the grounds he had already stated.
Mr. Prescott urged that his Hononr could try the ease,
as he was only concerned in part of the cases. What
lie complained of was that lie was charged with a warrant
that had never been executed, and all hi: could do was to
come to this Court to recover the amount.

His Honour : I see the difficulty I am in. If both
parties could agree, he had no objection to trying the
ease, althoug he would rather not; as if he give judg-
ment for plaintiff people might say that his mind was
biassed, having been previously in the ease.
M. Motteram was again addressing the Judge as to
the law, when Mr. Prescott interfered
The Judge said: Mr. Prescott. Mr. Motteram is merely
stating facts to me. You have said most offensive things
to Mr. Motteram, and I must beg of you not to do so
again.
Mr. Prescott again urged for the ease to be tried. and
pained out that he should be precluded from bringing
the action next Caurt, as he should have to give a
month's notice.

The Jii.ige said be would defer the ease, so that it may
stand on the list.

Mr. Prescott : That is what I abject to. I want to
fight the cage out on its merits.
After mime other conversation, the Judge said he
should decline to hear it, and so the case ended.

Leo; v. Ilfaeris (nal Wife.—At the County Court held
on Thursday last, before Mr. Godson, Deputy Judge, this
was an scion to recover the slim a £5 Ils eel, balance
of account. Mr. Perry appeared for plaintiff, and Mr.
Collis for defendant.—Plaintilf said he was a master
builder. In March 'O9, Mr. Bateman, who was acting as
agent to the defendant, gave him an order to repair some
property belonging to the defendant. Mr. Morris also
told him to do some repairs to a house in Park-street.
Witness repaired two chimneys, and he was to make a
good job of them, and lie had to put some slates on.
Daring the time the repairs were going on, Mrs. Morris
gave him instructions to repair the back and front yard
with blue bricks ; and told him to do anything that Mr.
Bristol ordered him to do. He afterwards repaired a
cow shed with blue bricks, and built a wall, at the request
of Mr. Bateman. Mrs. Morris was continually on the
premises while they were being repaired, and Mrs. Morris
told him to send in the bill, and to make it out to Mr.
Bristol's name. Mr. Morris paid him £.5 on account.
—Mrs. Bristol was called, and gave corroborative evi-
dence.—The defence was that Bristol was to do the re-
pairs, and atop the amount out of the rent; and that they
never gave say orders to do repairs.—The Judge said he
was quite satisfied with the evidence given, and gave a
verdict for plaintiff for the full amount claimed, and
costs.

/helms v. Hili.—This was an action to recover the
sum of .E 8 Its 9d, balance of account for meat supplied
to the defendant. Mr. Collis appeared for plaintiff, and
Mr. Perry for defendant —From the evidence it appears
that plaintiff is a butcher, and was in the habit of sup-
plying defendant with meat to sell again ; and the above
balance was due.—The defence was that there was only
Fl 4 9d due to the plaintiff,, which had been paid into
Court. Several witnesses were called for the defence.
His Honour summed up, and gave a verdict for the de-
fendant.

Mullett v. Heseltine.—This was an action to recover
the eum of £32 19,, 84. for rent due. and goods supplied.
Mr. Motteram (instructed by Messrs. Pearman and
Wahl) appeared for plaintiff, and Mr. Collis for the de-
fendant —Mr. Motterem said the above sum was the
original amount sued for, but it bad been since reduced.
£l7 lOs was now due for rent, and, he believed that sum
was admitted by defendant ; and the only amount in dis-
pute was £3 10e 11d. Why his friend should dispute
that, he could not tell. Plaintiff was then called, and
said in March 1068, lie bad dealings with the defendant.
At that time witness had some very fine fluke potatoes.
Defendant ii,ked him if lie bad any to port with. Wit-
ness told him he cent(' have some, and he sent hiss 9011(s
of flukes, at 2,1 per lb—lfis 4d. On April 18th he sent
defendant 128160-18 s 81 ; half a peek of onions, 2s 11,
which were ordered by defendant; 1483 es red potatoes,
2d per lb—El 44 8d; three sacks, di each, 9s. The po-
tatoes were well known for their quality At that time
witness had dealings with defendant for drapery. awl the
atteintut was to be deluded, Cross-examined Definid•

ant did sue Me in the Court for tiorn• (Irene', anode.
Defendant did )end me hie pn,y rerri•re Oad it twn
davi—the Avg three brute the aernnel two en. Sneer
ef the matetnea wprn Tot Into cinnn heg• end sews
the bottom nt the earriage. (Dive the defen`l'et 5 foe
the gee of the carriage —Oefendant wile then milled ,and
Cain] at the time thin frank snore he Rat at grleriev
and had lent the plaintiff hie canny ceeriarn. Itwee lent
true that he bought an, pritetnea of plaintiff On one
occasion a mini, hag, containing pnfmtnl.4. no. put into
the carriage tur him as a present. Some nf them were
gond, some had. The, not receive the Other vintatnea, Re
stated by plaintiff. The bottom of the non, carriage
would net hold mere than 40 or 10 pnfltinl, of pntatnea.
Should not !think the pntetnea and oniono were worth
more than 10a. It wan nut true 1110 plaintiff paid him
Ist for the nee of hie carriage : lint on nne Oeeliflinel his
eon recited a piece, and plaintiff gore him s..—Other
evidence etas called for the defenee, after which his
Armour gave averdict for plaintiff for £2O 14e Id.

Haag:id. v. THegq".7..—Thig. woe an aeti.m to recover
the gum of £2O 74 Pl. Mr. Motteram Onntrnrded by
Mesara.Pearman and Gould) appeared free plaintiff. and
Mr. Collin fended—Mr.de Mntteram said the aetinn was
brought to reenver the sum nf etln 7.64. VIP defendant
win the owner and neennier of the Vine Hotel and the
plaintiff won an auctioneer. residing at Brierley Hill.
and it wan fnr his servieea in conducting the sale nf the
Tina. that the action wag bronght. Defend.int had paid
£l5 into Court. Why he ahnold hove nail that earn he
mould nnt tell. Defendant might an well hove paid £5 as
£l5. An auctioneer wan entitled to a certain percentage
in conducting Wen, and the amount sued for syss the
above amnunt.—Mr. Collin asked for Pirtie1111:11", an to the
varinns aiim, charged. —Mr Ifotteram said he would get
that from the witimon.—Plaintiff was then examined. and
nab] he was engaged to .11 the Vine. and hod paid £3 to
for advertising it. Defendant asked him if he should
make the nimal charges. Witnean said Ile ohnuld, but
hat not charged at ell. usual rates. Hod he done an It
would have cost £s7.—Mr. Collie !said he was not in a
nnaitinn to put defendant in the hnx. al he win
hat defendant had nail £l5 into Court. which he eons
abler.] would amply rem°, plaintiff fnr big trouble, and
plaintiff hod elan received a dinenunt of ten per cent.
from the pcoprietorn of the newnpanern. which he con-
tended ten woo not liable to.—Mr. Mntteram Raid it was
a nsnai thing*, as the auctioneer hail to par cash for the
advertisements.—Hia Honour ailmmed nip. and RRid he
ahonld disallow the plaintiff the ten per cent., and gave
a verdict for £2O 21.