The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1871-08-05 00:00:00

T.FIE STOTITTPITCT CISFEVEY.

The prisoner was then remanded until Tuan.
.In. flail ads accepted, the prisoner entering
into his own recognizances for £lOO, and two
sureties in P,-,0 each.

On Tuesday prisoner was again brought tip
before Major Fletcher. Mr. Perry again ap-
peartd in support of the prosecntion, and Mr.
C'. W. Collis for the defence.

Mr. Perry stated that in consequence of the
sum of 12,, which was one of the items the de-
fendant was charged with embezzling, having
been found entered in a memorandum book by
the defendant as received from the wife of Po.
lice-constable Hall, on March 12th, the prosecu-
tor had decided to abandon that portion of the
charge.
Elizabeth Nock was called, and stated that she
paid the prisoner the sum of 17s 6cl on the 17th
of April last for coal received, and produced the
receipt....
. . .

Alin Waldron, of Hagley, said that mho re.
ceived the receipt produced from the prisoner,
in payment of the sum of is for coal, on the
25th of March last.

Mr. George Smith, the prosecutor was called,
and, in cross-examination by Mr. C. W. Collis,
said he produced another book which was used
by the defendant at Hagley for his business. It
did not contain any entries of the items with
which the defendant was charged with embez-
zling. When the defendant entered his employ
there was no °dice for his use or to make entries
in the books, but he used to go into a weighing.
machine house belonging to the railway company.
Witness, however, in February, had an office
built and fitted up for the defendant. He told
the defendant, when he employed him, to push
the trade and sell no much coal as he could, and
gave him power to treat wagoners and other
people for that purpose. Whatever money the
defendant expended in that manner he reques-
ted him to keep an account of. The defendant
left him on the 13th of May, but he did not be-
ain to cake inquiries as to whether he had re-
ceived any money which he had not paid over
for several weeks afterwards. He soon found
that the defendant had received a good number
of slims which he did not pay over, and sonic
he did not intend to proceed upon. In one caso,
of a person named William Nicholls, coal was
sold, but no duplicate was kept. He did not
know whether the prisoner was present at the
time that the coal was sold to Nicholls. The
sum of .e 7 which had been paid to him by the
prisoner's father was paid in two instalments,
viz., .f 3 and £4. He received the £3 on the 2nd
of June from his brother, to whom the priso-
ner's father paid it a few days previously. lie
received the £4 from the prisoner's father him-
self at the end of the same month. The receipt
produced was one he gave for the £3, but he
forgot to give one for the £4. He did not tell
he prisoner's father that if he would pay the
£7 he would bear whatever loss he had sustained,
neither did he promise to send him a receipt
for the £4, and he had not sent a pence named
Evans to ask the prisoner's father toteompro-
mise the matter.

In reply to Mr. Perry, the prosecutor said that
in making the balance in respect for which he
received the £7, he only included such sums
that were stated in the defendant's returns, and
not the item he was proceeding upon

This concluded the case for the prosecution.
Mr. Collis, for the defence, observed that
when the defendant entered the prosecutol's
employ, the latter had just commenced the coal
business at ilagley, and as there were two other
persons carrying on a similar trade he was very
anxious to obtain orders. The defendant pushed
the trade so well, that shortly afterwards one of
the other persons relinquished the business, and
the other's trade was decreased. The defend-
ant devoted so much time to extending the busi-
ness, that considering he was a man of littm
education there was no wonder that discrepan-
cies occurred in the accounts, considering that
he had to solicit orders, superintend the dispo-
sal of the coal, and collect the accounts. The
prosecutor had given in evidence that at the
Lime he employed the defendant there was no
office for him to keep his books and make his
entries in. The defendant did not deny having
had the sums, but he kMr. Collis) contended that
they were mistakes which the defendant hail
committed, and what had occurred situpl
through careletsuess, and therefore there was tie
felonious intention to defraud. Thu defendant's
father had paid the sum of £7 towards the de-
falcations, and he kMr. Collis) therefore con-
tended that Mr. Smith was not justified in de-
manding payment, and then to prosecute for
bezz Lenient.

Thowas brunt, the father of the prisoner, was
then called, and stated that a short time ago
went to the prosecutor's house, where be had u
conversatiou with him about the defalcatious.
He asked the prosecutor what his son owed Mtn,
anti he told him a good deal of money. He tomii
him tout if he would tell him he would try to
make it right. '1 he prosecutor then said it WaS
over £7, for which sum the witness signed an
agreement to pay by iustalweuts. He afterwards
paid the stun of .t 6 to the prosecutor's brother,
tor which he received the produced.receipt. The
aunt of £4 he paid to the prosecutor himself it
his otlice iii Stourbridge. lie asked at the time
fur a receipt, when prosecutor said that he would
cull at ituess's house, and sign the first receipt
for the money. After he had paid the £4, Mr.
sznith told him that there was still a good deal
of motley owing, and he asked hint how much,
as he would try to pay it. Mr. Smith, however,
told him that he law placed the mutter in the
bands of Mr. Perry. When he agreed to paN
the £7, Mr. Smith told Lila that lie would Leal
any other loss be might have sustained.
alajor Eletcher said he considered that a
prima facie case had been made out, and the Fri.
bullet would be committed to take his trial at
the next Worcester Sessions.

Baia Wad accepted, the prisoner in £J.OI, aud
two sureties in X5O each.

of the footpaths to their former state. Your
Committee advise that the MatteeltiCleft with
the clerk, on the understanding that be report
bully at the next monthly meeting. With regard
to Mr. Alfred Green's chimney, in Hagley•street,
your Committee is unable to report any action
therein, as at present no plan has been laid be-
fore them. The uninhabited houses on Beauty
Bank remain in the same ruinous state, but ow-
ing to the difficulty of ascertaining the address
of the owner your Committee haveinot taken
action therein. The paving ordered to be done
near Messrs. Edwards, Broomhall, and Hoody's
shops has not been begun. The contractor has,
however, undertaken to begin the work, and
your Committee have instructed your Clerk to
express to him their surprise at the delay. A
proposed alteration in the road near the Stmr
Bridge, by Mr. Timmings, has been refeired to
a sub-committee to visit the spot and report.
CENIRAL RAILWAY STATION.—Your Commit-
the desire to impress upon your attention the
necessity of again calling the attention of the
railway authorities to this subject.

Mr. Maginnis moved the adoption of the re•
port, which was seconded by Mr. Emery.
GENERAL PURPOSES COMMITTEE'S REPORT.

The Clerk then read the report of the General
Purposes Committee, which stated that, in ac-
cordance with the instructions contained in a
resolution of the 211th of June, that Messrs.
Harward, Shepherd, and Harvard, should take
proceedings against Mr. Stephen tiecovge Smith,
the market tolls lessee, and his sureties, for the
recovery of instalments due from market tolls,
the committee had, however, to report that such
proceedings were rendered unnecessary by Mr.
Smith paying on the 15th of July the tolls due
from him on the Ist of July. Mr. Smith had
called the attention of the committee to an al-
leged infringement of Market Tolls. The com-
mittee did not consider it a case in vt bleb they
could take action. Mr. Smith had also made an
application for a stall 10ft. square in the butter
market, which had been referred to a sub-com-
mittee. The committee advised that the Inspec-
tor of Nuisances should he requested to use
more than ordinary vigilance in the discharge
of his ditties under the present threatening cir-
curustances as regarded epidemics.
The report Was adopted.
Mr. Maginnis moved the following resolution
That the Clerk be requested to prepare for
the next monthly meeting of this Board a return
showing Ist, the number of persons elected to
serve as counnissionners in each amid at each
of the last three annual elections; 2nd, the
names of persons so elected (if any) who de-
clined to serve ; 3rd, the names of commissioners
if any) who, during the last three years have
forfeited their seats through non-attendance,
and 4th the number of Board meetings which
each commissioner has att.nded during the
years 1870-I."—This was agreed to.
The Rev. D. Maginnis, referring to the spread
of cholera on the Continent, moved the follow-
ing resolution :—" That the Inspector of Nui-
sances be enjoined to give his special attention
to the immediate removal or abatement of all
nuisances prejudicial to health within the town-
ship, including piggeries, privies, ashpits, and
slaughter-houses; and that the General Pur-
poses Committee be empowered to take such
steps as they way consider necessary to assist
the Inspector in enforcing our sanitary regula-
tions.-

Mr. U. Thorne seconded the motion, which
was carried unanimously.
The itev. 31aginnie suggested that an ini-
proved deodoriser should be obtained and freely
applied to all drains, openings, urinals, and
places used as such. The matter was agreed
to.

Mr. Dorrientt, inspector, reported that he had
made a larbe number of visits during the past
month, and found very few nuisances. The
latter he ordered to be abated, and promises
have been made by persons to that effect.
. .

The Clerk read the mortality returns for the
past mouth, which showed 38 cases of sickness,
including one case of fever, against 23 cases ot
sickness during the preceding mouth.
There was no other business of interest.

Oldbury, and-Mr. rarratt with the rt hering-otticer there.
The result wan that ...my on Thursday morning the
mother and sinter of the young man came ovrr to the
Union, and took pon,,qedon loni, and he Was COM,. \• 41
home. It appears tilt Probett la of weak intellect, tel
is only allowed to walk about the garden, as •striet wateh
in kept over ham; but the garden gate happened to be
open, and l'rohert got out and wandered to Pedmore.