The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1871-03-18 00:00:00

goat ;nth istritt 66)5.

EXTRAORDINABY LIBEL CASE.

PERRY r. STUART.

compromise in the late appeais, to the detriment of the
greet body of the ratepayers This committee. Were.
fore, bege respectfully to submit that, acting in toe coin-
mon interest. of all the ratepayers, it would be a proper
and graceful act on the part of the Assessment Committee
to place the conduct of the affair in the hands of a soli-
citor outside the district, and beyond the influence of
the Wealthy ratepayers of the tien."

He did not 1-ilow there was a ratepayers com-
mittee it. \ i ..• nee; hut this he did know, that
if there 's.-, they never gave Mr. Perry notice
when this cowardly resolution was passed._ But

the resolution was- not true. First of all, the

con premise ass not disastrous; and then Mr.
:ii nothing whatever to do with it,
%.• I.ei ler it was, or whether it was not. If there
were any reflection more damaging to the char-
acter of a solicitor than another it was this, that
regardless or unmindful of the interests of his
clients, he sacrifices them from the fear or for
the sake of more wealthy people. The whole
foundation of the imputation, however, was
gone; as the plaintiff was no party to the com-
promise, therefore the whole ground of the accu-
sation was destioyed. The only object of the
plaintiff was to vindicate his character from the
charge of having, whilst in the discharge of his
duty as RH advocate acted from base and un-
worthy motives. The plaintiff had told defend-
ant the real truth, and he might have ascertained
it by inquiry, and he said to defendant " get up
and withdraw that imputation in the face of the
county. Ido not want to humiliate you by an
I apology. I ooly want you to withdraw the im-
putation. If on choose to do this I shall be
satisfied; but if you add venal to your insinu-
ation, and instruct your counsel to torture and
misinterpret nay actions, I can only throw my-
self upon the generosity of the jury, and ask
them for substantial damages.-
The plaintiff was called and proved the facts
of the ease as narrated by Mr. Iluddleston,and
during his cross-examination his Lordship sug-
gested that the matter should be arranged in the
interests of all parties concerned.
The plaintiff agreed to this coarse, but on be-
half of the defendant Mr. Kenealy said that Mr.
Stuart was not personally interested in the
matter, excepting as a ratepayer. The real de-
fendants were the Ratepayers' Committee. They
believed that they were right, and would rely
upon their..defence,..first, that it was no libel,

and, secondly, that it was undoubtedly a privi-
leged communication.
His Lordship again expressed his regret at
Mr. Konealy's client's decision, and strongly
questioned its wisdom, on the evidence already

At the Nisi Prius Court, at Stafford, ou Tues-
day, before the Lord Chief Justice Bovill,
csse came on for hearing. Mr. Huddiestun,

Dr. kcnealy stated,in answer to his Lordship,
that Mr. Stuart entertained the highest opinion
uf plaintiffs integrity and independence as a
Rolieitor ; but at the same time could not allow
the ease ti.,w to be settled.
After some remarks from the Judge in favour
of a settlement,

denee, thousands had not been lost by the parish
by any act of the plaintiff ; but by those who
had made the compromise without consultine
him.

Dr. Reneely said he could prove by figures
tat the Guardians had lost thousands of

he learned :Judge said, according to the evi

After some further discussion by Dr. lienealy
and the Judge, the case was settled by a Juror
being withdrawn, each party to pay his own
costs.

Q.C., and Mr. J. 0. tiritlichs, appeared for tic
plaintiff ; and Dr. livaiealy, Q.C., and Me.
Brown, appeared for the defendant.
From the opening statement of Mr. Huddle.
sum it appeared that the panntiff was a solicitor
of extensive practice at Stuurbridge, aud the
defendant a glass manufacturer at Wordsley.
l'he action was one of libel, and a libel it was
cmttended, of a most serious character, so acti-
ons that the plaintiff had felt it necessary, and
almost indispensable, to bring it before a jury.
in 1869, the plaintiff was employed by the Stour-
oridge Pour Daw Union to conduct the opposi-
tion to certain appeals against rates, which were
being made by many coalmasters in the district.
There then existed a notion, in some quarters,
that the different collieries had been unfainy
assessed, and a gentleman named Plant was in
some way concerned in the matser, so as to in-
cur the displeasure of the coalmasters. 'the
appeals, which affected thirty collieries, were
arranged to be heard before a special sessions of
the Magistrates, at Brierley Hill. Mr. Perry
found before the hearing came on, that nearly
all the mine agents in the licality, were either
engaged on behalf of the coal owners, or were
disinclined on the subject. Under these circum-
stances, notice was given to all the appellants,
that an application would be made for the ad-
journment 4,f the hearing. At the Sessions,
when this was made known, an offer, said Mr.
Huddlestuti of the most handsome character was
made by tile solicitors for the appellant. They
said, " ion have had no opportunity of ascer-
taimag what is the character ef our workings,
and shat is the return we get for our coal. We
invite the fullest inquiry into the whole subject,
and we will give you access to our books, &e.;
that is, if you will not employ Mr. Plant, who
has been agitating against us. Send any res-
pectable man, or solicitor, down, and we will
give every facillity for ascertaining what are our
rateable profits; but we object to Mr. Plant, mid
it you do not listen to our objection we must
leave you to enforce by- law the opportunity for
looking at our books, and laspretiug our preiiii-
-2,40 terms were come to, and Mr. Perry

received eventually absolute instructions from
the Guardians to niseontinue the proceedings.
'ihere the matter rested. Afterwards, however.
the litigants met together behind Mr. Perry's
back, without consulting him on the subject in
the slightest degree, and a compromise, whereby '
a certain sum was fixed for the collieries to be
rated at, was come to. After this, the matter
remained in abeyance, until August, 1870, when
there were some more appeals, which Mr. Perry
acted in, and the Guardians appeared to be per-
fectly satisfied with his conduct in this and the
former trials. it appeared that Mr. Plant, in
c,mjunction with Mr. Stuart, got up a meeting
and drew up a resolution, and to the detriment
and injury of Mr. Perry, they sent it to Mr. G.
Holloway, the Clerk to the Assessment Coin.
mittee. The letter sent to Mr. Holloway was as
follows:

Sir,—Enclosed I beg to hand you copy of resolution
passed at a meeting of the Ratepayers' Committee on
the 25th instant, and shall be obliged by you! laying it
before the Board of tivardians.

.• I e-ca, Ace.,

"M. STUART:

(Copy of resolution)

" That this committee, taking into consideration the
suttee given by Mr. Foster to appeal against the Blume.
went of his railways, farms, and other property, has
beard with ustuntsoutent and regret that the Assessment
Committee has placed the conduct of the affair in the
hands of the same solicitor who made the disastrous

STUUTI3RIIJGE 013M:1 VER.

_
0r,., Wit. /MA thltt VII. :•1 41 CCM:1111C tedi ,e
ther of his spead.rg MOVi ylo waste to whit it
low, bringing out some money, said, Talc, .t; I don't
want your money."
Another witness said that the plaintiff had said that
the plaintiff had said that he was going to have some
money Irons Etourbridge, and that he (witness) had re-
ceived a sr sruount in payment of an account due
from plaintin tow days after the remark had been
made.
Evidence was also called, attempting to show that the
plaintiff had refused to give any information as to Pillow
or his whereabouts, sit I a warrant had been issued for
Pillow's apprehension.
And also to show that the old man participated in what
he might have suspected to be the profits of the transac-
tion with the deeds. The defendant and his brother
proved the return of the deeds to Mr. Price, see., mid
the repayment of the £5O, with El interest, by hint, but
the witnesses differed as to the date of the transaction
and on some minor pirticulai a.
On leaving the witne.. Lox the defendant asked tlic
Judge if there is us anything in the case detrini‘ntal to
his character" .

His Lordship said the witness himeelf was the only
person who had suggested anything of the kind.
Mr. Jell, in summing up his case, contended that Mr.
Homer gave Mr. It. Price such an authorisation in res-
pect of the possession of the deeds as discharged the
defendant from Pability when he placed the deeds in Mr.
R. Price's hand, The learned Counsel again asserted
that the plaintiff participated in the money that wan
raised upon the deeds and sheathed Pillow from jostle,
Mr. Powell, in reply, said he should deal very briefly
; with the defence, and remarking that if the defendant
: had not the deeds, Mr. Price, junior, had asked why they
(the deeds) had not been given up instead of this action
being defended, as he contended that the plaintiff had
nothing whatever to In with the transaction with Pillow.
The Chief Justice told the Jury that if the plaint:if
had satisfied them that the deeds were his and had been
stolen from him he was entitled to recover them, unless
they thought he assented to their being made use of, or
after they had been made use of adopted what had been
done. It was also for the Jury to consider whether it
was likely that Mr. Homer agreed to discharge the de-
fendant from liability if he agreed to deliver the deeds
up to Mr. Rowland Price.
The Jury returned a verdict for the plaintiff, with
damages £2OO for each deed, but it was understood that
the value was assessed thus high merely to enforce the
restoration of the deeds. In ease the deeds are given up
of course the defendant will have no pecuniary damages
to pay.

Rhodes, Jun.; glee—" Thy voice, 0
ony song—" The Vagabond," Mr. \V.
Chappell ; song—" I'll dream of thee no more,"
Miss L. Southall; song—" There's nothing like
a fresh'nin. breeze," Mr. J. E. Southall; glee
—" Breathe soft ye winds ; song—" If I were a
voice," Mr. S A . Smith; song—" Katie's letter,"
Miss Peered!; song—" Nina," Mr. Pagett ;
chorus—The " Carnovale."—A vote of thanks
to the friends who had taken part in the even•
jug's entertainment, and a vote of thanks to the
Chairman, closed the proceedings.
TEE ENSUING ELECTION or GUARDIANS.'—
Mr. Holloway, the clerk, has issued the usual
notice for the nomination of Guardians for the
Union. The number of gentlemen to be elec-
ted are thirty one, and are apportioned as fol-
lows : For Stoutbridge. three Guardians;
Cradley, one; Lutley, one; Halesowen, two ;
they, one; Hashury, one; Hawne, one • '1 he
Hill, one; Cakemore, one; Lapel, one;
acre, one; Amblecote, one; The Lye, two;
Wollaston, one; Wolleacote, one; Upper Swin-
ford, one. The perish of Kingewinford is di-
vided into six wards, and represented as follows:
Brierley Hill, three Guardians ; Brockmoor,
one; Penanett, two; Quarry Bank, one; tit.
Mary's, two; Wordsley, two. The nominations
of gentlemen eligible for election must be sent
,in before the 27th inst. The voting papers will
I be distributed on the 6th proximo, and collected
1 on the Bth.

THOMAS PARGETER'S, OF FOXCOTE, CHARITY.
—The annual meeting of the trustees of this
charity was held in Birmingham, on Monday
last, the Rev. C. Clarke (Birmingham) in the
chair. The other trustees present were the
Reverends W. Cochrane (Cradley), H. W. Cross.
key (Birmingham), H. Eachus (Coseley), M.
tlibson (Dudley), A. Lunn (Kidderminster), D.
Maginnis (Stourbridge), H. McKean (Oldbury),
E. Myers (Wolverhampton), and J. Taplin
Kingswood). Officers for the ensuing year
were elected as follows :—Rev. D. Maginnis,
chairman; Mr. Joseph Beattie, treasurer; Mr.
Charles Harding, secretary; and the Revds. C.
Clarke and M. Oibson, auditors The accounts
for 1870 were presented and audited. During
the past year six annuitants were elected, mak-
ing the number now on the roll 72. There is no
vacancy at present. The number of applications
to this date is 645._

-
"REMARKABLE FRIENDLY SOCIETIES."—Mr.
Tompkins, of the Friendly Societies' Registra-
tion Office, has published " An Account of some
Remarkable Friendly Societies," with a view to
show that there is no reason why a well-managed
society may not exist "continuously and suc-
cessfully for hundreds of years ;- and that in
order to secure permanent success neither large
numbers nor large payments are indispensable,
, some of the best societies having only between
' 50 and 100 members, while their" payments are
and have been for the better part of a century,
lower than those of any tables published." in
England and Wales there are about 20,000
Friendly Societies. Mr. Tompkins has selected
half-a-dozen of the most successful for special
notice ; and the second on the list of " remark-
able Friendly Societies is " The Provident
Society in connection with the Presbyterian
Chapel, Stourbridge,- established in 1784. This
society, Mr. Torupins observes, has now "a fund
of £2.003, a most extraordinary result, after 85
years existence."
DRUNK AND RIOTOUB. At the Petty Sessions, held
yesterday, before Major Fletcher and VV. C. Firmstone,
Esq., Thomas Williams. of Cradley, was charged by Su-
perintendent Freeman with being drunk and riotous, on
the 11th instant. Police-conatable Roe proved the ca..
Defendant pleaded guilty. Fined Is and costs ; in default
seven days.—Henry Hamilton was charged with a similar
offence at Brierley Hill, on the 16th inst. Police-con-
stable Grady proved the offence. Fined is and costs, in
default seven daye.
CHARON orEainazi.EarENT:7William Bolt was charged

with unlawfully embezzling the sum of is on the lith-Lif
February, aud Ss on the 15th of February, the monies
of Benjamin Whittaker, cab proprietor, of Brierley Hill.
Prosecutor proved that prisoner had received the monies,
and prisoner pleaded guilty. A remand was asked for.
as there were severai other oharges to be preferred
against him. Remanded to Brierley Hill, on Monday.
DRUNK AND DluTOUS.—Benjazoin, Harrison, of Crud
fey, was charged by Superintendent Freeman with being
drunk and riotous, at Cradley, on the 13th inst. Police
countable Roe proved the offence, and the defendant was
Sued Sis 6d and costa ; in default 14 days.
CAUTION TO CARTERS.—WiIIiam Budd, a carter, in the
employ of Mr. Prier, of dent, was charged by Soperim
' teudeut Freeman with being drunk on the loth iust, at
Clent, and unable to take care of his horse and cart.
Police-constable Hall proved the offence, sod defendant
it as lined 5s and coats; in default 14 days.
AN OLD ONFENDRIt —At the Police Court, on Thurs.
day, before R. L. Freer, Esq., Job Smith, • returned
convict, was charged with being drunk and riotous is
Coventry-street. on the night of the 15th inst. Police-
constable Spooner proved that defendant was kicking at
several persons, he being drunk. He refused to go }Joule,
and witness lucked him up. Fined in and costs ; in de-
fault seven days.