The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1871-04-15 00:00:00

THE MARKET TOLI

At the Petty Sessions held yesterday, Odor, Ma: ir
Fletcher. W. C. Firrostone. and R. L. Freer, Is-s.
Charles Poontney, a farmer, was charged by Daniel Smith
for that be did on the 17th day of March, unlaafully ob.
struct the said Daniel Smith, then duly authorised to
collect tolls, the stallage tolls, and rents authorised to be
taken by, and under the Stourbridge Itnymovement Act,
in a certain market regulated by the said Act, and then
opened for public use, contrary to see..lo,,if the Markets
and Fairs Clause.' Act,
Mr. Prescott appeared for the complainant, and Mr. C.
Collis for the defendant. . .

..... .
Mr. Prescott, in opening the case to the Bench, said
he wished to call their attention to the Steurbridge Im•
provement Act, 1866. The 39th section el the Act in-
corporates the Markets and Fairs Act, 1847, also 10 and
11 Vie., c. 16, sec. 101, the CominissiLnera Clauses' Act,
1845, the 8 Vic., c. 20, sec. 154, He should prove that
the complement was dnly appointed by the lessee to col.
lect the tolls. On the 17th March he was at the Corn
Eichange for that purpose. Defendant canto that day,
and tendered one shilling in payment of the toll. Com-
plainant had not sufficient chance to give him and raid
he ghoul,' have change in a few minutes. During the
time be was speaking a Mr. Nicholls came up. Toll was
demanded. Ile refused to pay, and went into the he.
change. As soon as the change was procured, Pountney
was paid. At this time something was bald about a " fel-
low," which excited the feelinga of defendant, who at.
' tempted to strike the complainant, but was prevented by
1176 brother. Crosseiummenses had been taken out
agatred the complainant by the defao,leat, but Or sal
...est cut prised that the summonses had not been taken
Out untyl defendant had been charged by the complain.
ant. But he would proceed to call Mr. Taylor to prove
the letting it the tolls.
Major Fleicher ached Mr. Prescott if the powers were
assignable by the lessee to appoint the complainant.
Mr. Prescott said they weie, which was admitted by
Mr. Collis, who &eked which SUMILIOI26 they were going
to proceed upon.
Mr. Preacett said he should proceed upon both. There
were two distinct inentoonses and three charges, He
could go ander all these if be thought proper.
Mr. Collie said they were charged under sec. 16, and
see. 40; they could Lot proceed under both.
Major Fletcher remarked that they weie substantially
one affair. They wonld hessr the whole of the evidence,
and decide upon ode case.
John Taylor deposed : 1 arp clerk to the Stourbridge
Commissioners, and have the bond leasing the market
tolls to Mr. Stephen JOhn Smith.
Mr. Collis objected to the bond produced, soil was no
evidence. . . .

Mr. Prescott said he merwly had to prose that the tolls
were leased to him.

The Clerk &eked for the lease

_
Mr. Taylor said there was nu wase, but a bond. Smith
signed a contract. Had not thee, ntract with him.
Mr. Collis admitted the Commis% ow% had leased the
tolls to Smith, but thoy were now prioceeding under sr •.
The Clerk said that the Bench were proceeding under
both sections.

Mr. Taylor: The tolls are let to Mr. Smith. They
were put up by auction, and afterwards let to Mr. Smith
ay private contract. Have not the contract ith we.
Mr. Prescott : I have the contract. (lie the NI produced
it, and it was ascertained that it was duly a, ‘ned and
stamped).
Mr. Taylor: They were let for three years, is.ne of
which remains unexpired. The bond is taken iiaddl.
lion. I did issue the notice produced.
Mr. Prescott said it was necessary ander the •Xlth
of the Stourbridge Improvement Act.
Stephen George Smith deposed : I am the lessee Of
the Stourbridge Market Tolls, and have been so two years
last April. Do not reside in Stourbridge, but give au-
thority to my brother and another man to receive the
tolls. On the 17th March gave my brother Dauiel autho•
rity to attend the market. Was present shortly after the
defendant came in. My brother asked me to lend him a
penny to make up some change. During that time Mr.
Nicholls came in, and refused to pay the toll. Pountney
was going to give my brother a blow. I told him he
must not do that, and caaght hold of him. Defendant
then asked me my name. -I
told him.
Cross•examined : I came from Kidderminster that
I morning. I did call at the Fos Inn, and had a glass of
ale. Had one glass of ale at home before I left. Will
swear I had only one glass of ale in the Fox. Do nit
recollect seeing Mr. Jefferies. My brother was sober
when he gut into the train. He had not been drinking,
but he had one glass of ale. People did not get out of
the train because myself and my brother were drunk.
I went for the police because Mr. Nicholls refused to pay
his toll. Could not say what defendant bad done. There
was no obstruction caused by the defendant that I saw.
Was not there at the first._ . .

Re-examined I saw defendant in the act of 'hiking
my brother. I stopped him from doing so. I rams to
Stourbridge by the train after one o'clock.
Daniel Smith deposed : I am brother to the last wit.
nese, and was authbrised by him to receive the tolls for
admission into the Corn Exchange and the market toll.
On the 17th March. Joseph Hobson is also deputed to
receiTe tolls by my brother. Defendant come in and
gaTe me a shilling. I had only ninepence and a silver
sixpence. I asked my brother for a penny, and gave it
to him. Defendant then said I called him a fellow, and
appeared greatly excited. My brother came up at the
time. Defendant was going to strike me, and demanded
my name. I told it to him several times, and others did
so. Defendant threatened to punch my b—y mouth.
A policeman at the time came up, but said he would not
render any assistance. I was pushed out, and the police-
man. . . . .

Cross-examined: Had but one glass of ale at the Fox,
and one before I left home. Was perfectly Bober. Did
not call to my brother and say, "Give this fellow four-
pence." Defendant did say, " Who do you calla fellow."
I did not touch or push defendant into the Exchange. I
know Mr. B. Brook. He was there shortly after. I was
push° out twice, and defendant prevented me entering
the Exchange, and caught hold of me by the collar.
Mr. Prescott said that TM the case, so far as the ob.
etruction.

Mr. Collis said he should prove that the young men
were drunk, and that defendant was called a fellow, and
pushed Into the street. If he proved that by respect-
able witnesses, ha should ask them to dismiss the sum-
mons.

Stephen George Smith and Dimial Smith were charged
with assaulting Charles Pountney on the 17th of March.
Mr. Collis appsaraid for complainant, and Mr. Prescott
for.defendant.
Complainant said he was a retired farmer. On the
above data he attended the market, and gave young Smith
• shilling. South at that time had not change. At the
came time Mr. Niekolls Game up, and I). Smith said that
Niskolls bad not paid. I said, " What is that ta do with
me? Give me my change." Smith sailed to his brother
and said, " Here, gi, this fellow fourpence." I said,
" Wiso do you call a fellow 7" Smith then pushed me
about. At that time Stephen Smith came up, caught
old of me, shook mu, and struck me. I thought they
war, both drank, or mad.

. •
Croaa-exammed : Daniel Smith did not come to me in
the Corn Exchange. Did not drink • bottle of wine.
Might have drunk a balf-pint or pint of wine. I was not
excited. I went home on Friday and meant coming for
the summonses on the following Friday. I asked for the