The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1884-05-31 00:00:00

COUNTY COURT

BURMAN V. GREAT Wiu'STEIUN R4ILWAY.—•M this
Court on Wednesd4, 'before Sir Rupert Settle and
-pecias jury, the caef;i of Ellen Surman v. the
(it eat Western Rsilway was heard.--Mr. Waldron
appearsd for the plaintiff,
:and. the Hon. A.
Lyttelton for the company. --It was an action in
which Ellen Surman claimed the sum of ,Als3 for
damages caused by the loss of her husband, who
was killed whi;st in the employ of the above coin-
pony on the 191 h December 1883.—Mr. Waldron
utter a lengthy opening of the case called Ellen
Surmau who„titated;that she lived in Orchard Lane,
Lye. Her husband was 40, and was a yardsman in
the employ of the Great Western Railway at the
Lye. She had one child, a girl aged 15 years.
Her husband-died at the Guest Hospital Dudley.—
Phoebe Hipitiss, Beefeaters, Lye, said that on the
19th D:cember she was standing down by the
erootteo shed at the station- She saw the goo-)s
,rain, and she raw Surmau afterwards knocked
down by it. It was going very fast; as List as a
man could run.-Mr. Fiddian, surveyor, Stourbridge,
said he had permission from the conpaey to make
a plan The plan was accurate. Witness pointed
out to the jury the goods shed, Nos. 1, 2 and 3
sidings and the scotch blocks. They must pass
the first level to get to the goods shed, a distance
of 140 yards. The scotch blocks were to prevent a
train from running down the line on to the points.
When it was locked an engine could not pass with.
out
noci
f
oldabwrie:
fkoi thesaidhtl
hocakt—E
11e went l
saw-the place where the aeciaent tosk place. He
saw a :the station master stetpine• the distance from
.wn t
o Bayliss,
a ss;
toe toot prints to the blood marks. It was about
13 yards —Georae Chance, the engine driver, said
on Wednesday morning about 830, he was at the
Lye-station. The deceased was also engaged there
as a yardman. He had under his control an engine,
two truck-, mut a guard vin, which was on No. 1
siding. He had been engaged about twenty.
minutes. He had not finished at 8.30. He was
quite clear on it. It was the duty of the .leceased
to unlock the block s beforo they started shunting.
He knew the book (pro Weed), and all the guards,
engineers, and yardsmen were supplied with them.
-1 hey could not begin to wOrk till deceased had mi.
leaked the bloeks. The witness was going to th-
top end of Rhodes' siding, up No. 1 siding. He
was taken as a witness, to give evidence at the
inquest at Dudley.—Mr. Waldron then questiened
t&e Witness on his evidence given at the inquest-
iVitness said deceaaal was not killed on the so, t.
He junaced off the engine and asked what br eight
him there. He had sl-ut his steam off. He knew
b.-fore he took his engine into the shed that
decease i would have to reverse the points. He
saw him come out of the shed. He saw him cross
about 15 3s.r Is from deceased when he saw him go
No. 2in the direction of No. 1 tailing. He was
in the direction of No, 1 siding. The stoker was on
the engine with him. He could not stop the engine
wit: in 5 yards if all the brakes were applied.
fliere was not time to do it, He did not sound
his whistle. No. 148 was a rule which said that
he-ought to sound his whistle. Deceased was in
the middle of No I siding when he was struck by
the left-hand side wheel. From the spot where
teceased was struck to the place where the engine
stopped was about 30 yards. When he was stiuck
everything was clear. He saw him come out of
the shed. William Spires was the guard of the
train. Ire did not hf ax Spires give evidence at the
inquest. Cros&examined i--.lle was under the
deceased's orders while he was there shunting.
When he go:. to No. 1 sidinz, he went up to
Rhodes' siding with five wagons ; to do which, he
would have to pass along line No. 1. At that time
t; e biocks were unlocked and clear, or he would
not have been able to pass along. He left three up
against Rhodes' blocks. He was directed to do
th;s. They came from there to go into the shed,
and to do this he had to pass along Ni). 1. It was
when passing along line .No 1 that the accident
occurred. From the time when he passed to go
up to Rhodes' till tbe time when the accident
hhPPeued, nothing had been done to the scotch
blocks. Ac he was coming along he saw the
deceased come out of the goods shed and walk
about fur strides up the sixfoot. He was about
two Yards in front when be attempted to cross in
fr nt of his engiao. It was not his duty to lock the
blocks when he was about to pass over it. As soon
as hs saw him he shouted at him, applied the brake
and revers d the engine as soon as he could. He
jumped off and asked him what he did it for.
Dece.tseri said "God knows" Witness said"l should
link Go I did know for you don't." He was going
to pica up the wagons which Serra= had locked
' up. lie did some ,hanti,g on the same morning
titer the accident on the line No. I. The deceased
had his back to him when he was at.
idth
guasi of the train, said he did not h-er the
shme
whisce sJund before the aoei&nt. He had been
atiVig that morning untilig.akAt the ti

of the accident he was having his breakfast. He
was going along line No. 1 for the purpose of going
into the shed. He did some more shunting aft-r
the accident. He knew deceased was in the And
and expected him out to meet him at the p .ins
after they past the blocks No. 1 leads on to the
main line. It was the duty of the person who was
in charge to lock the blocks after the shunting was
done. If he had heard the brake whistle he should
have applied th • brakes, but he did not take any
notice of shouting. He did not hear any shouting
from the stoker and engine driver.—Croes-examined
—lf the brake whistle had been sounded he should
have applied the brake instantaneously. He could
not stop the train in 21- yards. He had done
shunting under Surman before. If there was a
train due, Surman had to lock the blocks. But for
the accident he should have continued shunting,
but the shunting was interupted by having to take
the poor fellow away. This was the c se for the
plaintiff.—Hon. A. Lyttelton in addressing the
judge and jury for the defence, said there was no
evidence to show that there was any neglect on
their part, and it was abundantly clear that they
ought to give their neglect for tee defendant. Did
Spires or Chance cause the death? That was the
questien they had to decide, and then whether it
was by their carelessness. He submittea that all
had been done to avert the accident. At the
distance a scream of warning would be more
effective than the whistle. It was not the guard's
pl ice to put the brake on without he heard the
whistle.—His Henour then proceeded to sum up,
said that Chance saw the deceased leave the shed
and walk towards No. 1 and 2. therefore Chance
must have known that he was walking towards the
levels. Afterwards he crossed from tine Ito line 2,
and then he was only 21 yarie in front. He said
he never lost sight of him. The next thing, did he
know that the man saw him. There was no
occasion whatever to lock tne blocks and it was un-
erring judgment to lock the blocks Ile asked them
to con-ider carefully wheth,r if Chance, by reason-
able care could have avoided knocking deceased
down, and whether deceased by any negligence of
his own contributed towards his death. The jury
retired to consider their verdict, and on returning
jut court gave a verdict fur the plaintiff for the full
amsunt claimed £163.

ALLEG'D FALSE PRETENCEF. At the Police
Court on Tuesday, lvfore Colonel Fletcher and A.
Freer, Esl, Annie alias Alec Warwick was
brought 1. on remand, and charged with obtaining
£2O by false pretences fr im Anhie Thomas, with
in ent to delraul her, on the 20th February.
Mr C. 11, Colis was for the prosecution. and Mr.
Garrold for he def, nee. Mr. Gillis said that it was
impossibe to go on with the case till defendant's
father and brot ier were pre ent. Mr. Garrold said
that the lather was ill in bed and could not attend.
It was ale) stated that the father had been sued in
tile Courts' Court for this money, and Mr. Collis
then applied for an order to make the prnent d, fend-
ant a cu-defendant in thAt actien, which was done,
and consequently the magistrates had n 5 power to
deal with he matter. The maigistrates said that
they had no p •wer to deal with the matter, an I
should dismi-s the case.
DRUNK AND DISORDERLY AND ASSAULT NO THE
POLICE.—Mary Ann \Wien was ebwged wi; e being
dru:k and incapable on th 26th in-t. P.C. Eaves
said that he saw the defendant come out of the
Swan Inn, Oldswinford. She was ee,y— rrunk and
searcely te-ile to stand. Yiehael Welch was
charged with being dunk and re usin‘ to quit the
Swan Inn, 01 swi.d 11, on tbe 2dta inst. Defend-
ant was furthe • c a .4pd with assaulting P. C.
tr:aves whtlst in the eicecation of his duty. P.C.
Eaves said zbat he heard the 13,1 ilady requ-'st the
fendant to have and he roiu ed. Eventually de-
fendant left, and whilst in the streets he tried to
bite hi. nose if. and also tied to throttle him.
F,ued 20. and costs; in defu t one month.—Wm.
Malam was charged vri; h being drunk and assault-
ing P.S. Oakey on the 26th inst. P.S. Oakey said
he said he saw defendant on Eel Hill helplessly
drunk. He had upset his grinding machine, and
us t oils were all over the road. He bit witness on
the fingers twice and k:cked him and threw him
down twice. He Nile got to the station with great
D ,fendant was remand td till Friday.
KIDDERMINiTER .RACI44. It will be seen from
our advertising columns that these razes will take
i)a.,•e on Tuesday next. The entri s include for the
Kidtlertnin.ter Stakes 11 subscribers, the Suttioi
Stakes 10, Malvurn Slakes 5.. Stourbridge Stakes 10
and the Bromsgrove Stakes T.

DRUNKENNEiq. —A . the Police Coln yesterday,
before Fletcher, ff. 0 Firmstone an 1 A. Freer,
Tnomas Hunaphries wag fin d2s 6e and
costs for beine drunk on th, 25th inst. P.C. Moore
prov,d the case —John Greton was on the evidence
of P.C. cri,uch.,r fled 2s 6 1 and costs for b, ing
dunk on the 24th inst.—H-nry Lidtlewood was
tined lOs and cos,s for being drunk on the 26th
inst at the Lye. P.O Allceck proved tly-, case, and
there were also a 1 trge number of previous con-
victions proved.—Samuel Southall was lined 5s and
and costs for being drunk on the 24th inst, at the
Lye. P.O Powell proved the ease.—John Cooper
was on the evidence of P.O Agg fined 2s 6d for
beieg drunk on the 2 th inst —Benjamin Daven-
port was tined 5s and cos-a for being drunk on the
24th inst. P.O Wallace proved the case —Thomas
Stevens for a similar offeucs on the 24th iest was
fined 5s and costs. P.C. Bird proved the case.
Funaous Datume—Gdes Atwood was charged
with furiously driving a horse on the 18th inst to
the annoyance and danger of p tsseneers.—P.C.
Eylesp roved the ease. Fined 103 and costs.
BREACH OF THE PEACE —Martin Connoby W9S
charged with committing a breach of
the peace by fightinf, on the 24th inst. P.C. Webb
proved the case. Ordered to pay costs and bound
over in his own recognisances of £5 to keep the
peace.
OBSTRUCTION.—Edward Parker, James Timmins,
and Thomas Higgins were charged with obstruct.
in the highway on the 21st lust.—P.o. Heath
proved the case. Fined is and costs each ;in de-
tault 7 days.
CLuTioer.—Harry Male (10) w-s chnrged with
having in his poss,-ssion after the sth March, a wild
bird, to wit a young thrush. Fined 2s 6d including
Costs,
ASSAULTING THE Malam was
brought no on rem nil and charged with being
drunk and assaulting P.S. Oakey on the 26f
jest Fined 403 and coils ;in default 1 month.
1,3m0-ex.—Samuel Davies was charged with steal-
ing a tin box, fourt en pairs of sp-ctacles, and a
nedlars' certificate,value .21, ae property of
'Ablaham Bcech, from Wotr l's dwelling house,
on the 24th inst.—Abraham Beech, hawker, said
the pri-oner WaS 'edging wilh him in Angel Street,
on I h 24th in,t. Ou taat day his jacket was hang-
ing in the kitchen. A box was in the jacket con-
taining 11 pairs of spectacles, and a pedlar's certifi-
cate. The prisoner was in the kitchen when he
went out to get a shave between ten and eleven.
He returnel in a few minutes but he did not see
1-he prisoner. He did not miss anything else hut
bet and its contents. He at once gave iuft,rmatiun
to the police.—Henry Cress well, pedlar, Coventev
Street, sail he saw the prisoner at Lewi-'s lodeing
house. He saw hen put a box (produced) on a
bench. The prisoner offered to sell him seven pairs
weich be bough., and prisoner gave him a box.-
John Chamberlain, curri-r, Oldswinford, said he
ought tree pairs of specta,,les off the prisoner.
—P.O. Biges proved am-sting the pris .nor who
volunteered the following st9tement whilst in the
cell, '`l have sold the box and seven pair of spec-
tacles to a lodger in Lewis's 'lodging house."
Prisoner was committed to take his trial at the
next Quarter Sessions
DAM WING A WlADOW.—Williall Goulding was
cha-ged with damaging a window, the property of
James 'Tingley,- by breaking it, on the 30th ef
April. Defendant was ordered to pay 4s the datu-
age. and the costs.
Asseefer.—Mary Welsh was charged with as-
saulting Harriet Keedrick, on the 25th inst. De-
fendant put her fist in complainant's face, and hit
her on the bead with a stone, Fined 5s and
costs,

EXTENSION or Tzraz —There w.Te four applica
tons for extension of time on Whit-Monday,
Tuesday and Wednesday. They were granted.
DRINK AGAlN.—David Smith was fined IOR and
costs for being drunk and disorderly on the 18th
inst. P.C. Davis proved the case.

STEALING A BI6YCLE —Freciria-k- Cartwright was
charged with stealing iC bicycle, the property Wm
Dudley between the 25th and 26th ins s. Senteuced
to 1 month.

A recent writer in on- local papers has wisely
o')served that "one of the follies of the ocre is to buy
I..?ar Wines and Spirits." Another lolly is to
ruppose that buying from those who make the
argest return of duty is buyinT, them in the
cheapest market. The Merchant who pays duty
upon thousands of gallons pays in exact proportion
to the retailer clearing a single cask. A. great profit
must be gained to cover enormous expenses of large
business premises, cost of advertising, and an
allowance of profit to the Agent, greater in
many instances than taken by them in the respect-
ab'e Merchant. To buy cheap is to. buy whore but
one profit is made, and we cannot better illustrab-
our argument than by pointing out the way in
hich our townsinen,Xessrs J. Rutland and So'!, of
63, High-st, have opened up the tr mde. Wo have
no hesitation in saying that 25 per cent. is now
,avcd by their bringing Ow prodwer and the eon-
umer together, over too prices paid a few years
ago, and a trial will fully bear out our ass-rtions
Dudley Herald, December 24th, 1881.
"liouou ON RATS.' '—The Thing desired found at
last. Ask chemists, grocers or oilmen, for Itoui_h
on rats It clears out rats, mice, beetles, roaches
flies, bedbugs, insects, ground moles, &e. 7 I. and
11j4 bozo.