The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1879-06-28 00:00:00

ACTION IN THE BUILDING TRADE.

A. case of considerable importance affecting
architects and boilders was tried at the Stourbridge
County Court, on Monday, before R. Kettle, Esq.,
Judge., and a jury empannelled for the purpose.
The plaintiff was Mr. D. Hawkins, quantity
surveyor, Cheltenham, and the defendant Mr. C.
A. Horton, contractor, Brierley Hill. Mr. Stokes
appeared for plaintiff. Mr. Hugo Young and Mr.
J C. S. Smith instructed by Messrs. Homfray and
Holberton appeared for defendant, and Mr. C. W.
Collis watched the case for Mr. Smalman Smith,
architect, The case has been before the court for
many months, and upon its first trial his Honour,
after taking some time for examination of the
documentary evidence, gave a verdict for plaintiff.
The circumstances of the case are these :
In 1876, plaintiff was engaged as clerk of the
works for the Stourbridge School and Burial
Boards, and he was to be permitted to do other
work. As a matter of fact, he got out the quan-
tities in various works in which Mr. Smalman
Smith was architect. In the case immediately
before the Court he took out the quantities for
some works at Mr. F. Evers's, Whitehall, and he
sued the defendant for two per cent. commission
for doing so, the total amount claimed being .228.
Defendant did not dispute the money being due,
and was willing to pay it, but he wished the Court
to determine whether plaintiff was the person
entitled to it.
Mr. Smalman Smith, architect, also laid claim
to the commission, and so far as his claim was
collaterally before the Court, he supported it on
the ground of custom, and of the fact of a specific
arrangement between plaintiff and himself, that if
the former took out the quantities he would pay
him half the commission. The evidence of the
plaintiff and of Mr. Smalman. Smith regarding this
point of dividing the commission was contradictory
to the highest point, and was incapable of being
reconciled. As to the question of custom, it was
alleged that when the name of a quantity surveyor
was not endorsed on the schedule of quantities,
that the architect was taken to be responsible for
them. The name of Mr. Hawkins did not appear
on the quantities in the particular case, but he
accounted for this by saying that he was well-known
as the quantity surveyor, and that he went into the
quantities with Mr. Horton, and induced him to
reduce his original tender.
In cr ,ss-examination plaintiff alleged his name as
originally on the quantities issued in other jobs, but
counsel for the defendant in his address challenged the
truth of this statement, and indeed made other very
serious reflections on plaintiff's character. He was
cross-examined, too, with the view of showing thathe
only made the claims against defendant and other
builders when he was about being discharged by the
Burial Board. This he denied, and he denied too,
there was any compact between him and Mr.
Smalman Smith as to dividing the commission for
taking out quantities,
Mr. Stokes. in replying upon the case, said the
attempt to blacken the plaintiff seemed only to be
made because there was no reply to the case presented
on his behalf. Scientific evidence was called on a-
half of the nominal defendant as to the question of
custom, when the quantities were not endorsed.
His Honour sammed up the case. rather in favour
of plaintiff, and it was between eight and nine at
night when the jury retired to consider their verdict.
They were unable to agree, and it appermd there
were four to one as regarded the opinion. Mr.
Stokes was willing to accept the verdict of the
majority, but counsel for defendant demurred, bat at
length agreed to do so. The jury then returned a
verdict at a quarter-past nine of four for the defend-
ant and one f'or the plaintiff.

ACCIDENT ON THE NEW LINE.—An accident oc-
curred on the new branch railway on Tuesday morn-
ing. which, though not serious in itself, is very sug-
gestive of the dangers of long inclines. At the
point where the branch connects with the main line,
two trucks were being shunted onto the branch, and
a guardsman ran to put the brake on to prevent
them running down the incline. He fell over some
ballast, and before he could recover himself the
trucks had acquired such momentum that he could
not overtake them. They ran through the new
Foster Street Station at a great speed, and caught
up a platelayer's lorry on the way, driving it before ,
them. Where the new bridge crosses Coventry
Street, a projecting piece of wood or iron caught
one of the large coping stones, breaking it, and
tipping a piece on to the footpath below, beneath
which a man had just before passed. The trucks
from this point ran sharply down the rest of the
incline to the bottom of the town, where they were
brought up by running into a sandbank. Two
lorries were smashed by the trucks, and some of the
chairs on the line were broken. The trucks ran
about three-quarters of a mile. A few months ago
a somewhat similar accident occurred on the Stour-
bridge and Birmingham branch. In that case pas-
senger carriages, which were being shunted, ran
back to the Lye Station from Steurbridge fortun-
ately without any mischief.
CONSTITUTIONAL ASSOCIATION. The following
resolutions have been forwarded to the secretary
of the National Union of Conservative and Con
stitional Associations :-- . Ilesolvedunanimously"
—" That considering the great number of members
in affiliation with the National Union, and the in.
creasing interest of the working classes in the Con-
servative cause, we deem it essentially requisite
that the time for holding the annual conference
be extended to at least three days." 2. Resolved
unanimously—" That all notices for the consider-
ation of the annual conference be sent to the
offices of the National Union not less than six
weeks previous to such conference and that all
associations in affiliation with the National Union
shall receive a copy of all such notices not less
than a month previous to the annual conference."
—The following vote of cmdolence has been for.
wed :d from the Stourbridge Constitutional
MsOciatioxt to the Empress Eugenie, "We, the

Committee of the Stourbridge Constitutional Asso-
ciation, desire to convey to your Majesty our
heartfelt sympathy for the irreparable loss you
have sustained in the lamented death of your
illustrious son, the Prince Imperial. Your Majesty's
grief will doubtless be more poignant in conse-
quence of the unhappy circumstances under which
his death has occurred. We hope and trust, how-
ever, that the condolence of a sympathetic people
will be some oomfort and support to your Majesty

in your affliction." _
SCHOOL BOARD.—The monthly meeting of this
Board was held on Wednesday evening ; Mr. H.
Billingham in the chair. There was no special
business before the Board. The school officer's
report showed that the number of children on the
roll of the denominational school was 1,039 ;

average attendance, 755 ; number of half-timers,
2; on Board school roll, 550; average 305; num-
ber of half-timers, 4. The total number on the
roll showed an increase of 102 upon the number

last year.
D RITICKENNESS. —At the Police Court, held yester-
day, before Colonel Fletcher, Benjamin Billingham,
of the Lye, was charged with being drunk on the 20th
inst. Police-sergeant Payne proved the case, also a
previous conviction. Pleaded guilty. Fined 5s and
costs: in default 14 days.—James Cogzell was charized
with being drunk in the public street, on the 21st
inst. Police-constable Madeley proved the case.
Fined 2s 6d and costs.—Edward Pearson, of the Lye,
was charged with being drunk and disorderly on
the 20th inst. Police-sergeant Payne proved the
ca*, and said that defendant used bad language.

,
Fined 5s and costs.
OBSCENE LANGUAGE.—Before Col. Fletcher and
Lord Lyttelton, Isaac Adams and Edward Cok
were charged with using obscene language in the
public street, on the 18th May. Pleaded guilty.
Police-constableMadcley proved the case. Fined 5s
each and costs; in default 14 days.
CAUTION TO CATERS.—Before Col. Fletcher, Lord
Lyttelton, and Mr. H. 0. Firmstone, John Bache
was charged with being drunk at Cleat. on the 24th
ult, while in charge of a horse and cart. Police-
constable Wallace proved the case. Fined 2s 6d
and costs.

_
FURIOUS DEWING. Thomas Jones, butcher,
residing in Market Street, was charged with furious
driving at Clent, on the 24th inst. Police-constable
Wallace proved the case. Defendant pleaded
guilty. Fined 5s and costs.
OBSTRUCTING THE HIGHWAY.—WiIIiam Forrest,
Emmanuel Knowles, and A. Westwood were charged
with obstructing the highway on the 17th List,
Police-constable Jewson said the defendants were
obstrucing the road at Baldwin's Green. There
were a large number of persons there. Fined is
each and costs; in default 7 days.
CHARGE OF STEALING A WATCH.—David Newey
was brought up on remand charged with stealing a
watch and Is 3d in money, in April, 1877, the pro-
perty of Benjamin Foxhall. Mr. Waldron defended.
Prosecutor said he was at the Swan. Inn, in April,
1877. The annual feast took place. Missed the
watch produced. On cross-examination prosecutor
said he did not know who stole the watch.—William
Brettell, horsenail maker, mil that he bought a pledge
ticket of the prisoner twelve months ago. It was
for a watch. At that time defendant owed him some
money. He fetched thP watch out of pledge, and paid
9s 8d for it, although it cost him 13s 2d. Had since
offered to sell the watch for less money. Benjamin
Hickman said he agreed to buy the watch of the
prisoner for 10s. Paid 2s on account, and was to
have it 14 days on trial. Gave the watch produced
to the police. Police-constable Paynter proved ap-
prehending the prisoner. Mr. Waldron addressed
the Bench for the defence, and said he could prove
beyond all doubt that the prosecutor, on the day in
question ,was drunk, and that the watch was found in
Bromley-St., and contended that there was no feloni-
ous intent, and that no jury would convict, and asked
the Bench to discharge the prisoner. The Bench did
not think that a jury would convict, and disch irged
the prisoner.
CHARGE OF DAMAGING A CHURCH CLOCK.—Thomas
Richards, clerk, was charged with wilfully damaging
Wollaston Church Clock, on or about the 2t,th May,
and doing damage tl the clock amounting to .£5, by
shooting with a catapult. Mr. Perry defended.
Edwin Charles Gething said that about 8 o'clock in
the morning he wanted to sell the defendant a cata-
pult. Defendant said he should try it first. Defend-
ant then shot at the face of the clock and struck
the face between the 9 and 10, and made a mark.
Another boy was present. Defendant then gave
him back the catapult. There was a stone in the
catapult. Defendant said he should shoot at the
clock.. Albert Wilke, residing at Wollaston, said he
saw the defendant near -Wollaston Church. It was
twenty minutes past eight. It was about a month
ago. When he saw the defendant shoot at the clock
with a catapult a stone was in it. Cross-examined:
Attended Mr. Hackwood s school. Heard him say

•
that he would give £2 for any person who saw the
clock broke. Defendant did threaten him if he gave
evidence against him. The Rev. G. Gilbanks pro-
duced an estimate for a new face from the manu-
facturers which stated that it would cost £6, which
would not include carriage and fittings. Mr. Perry
addressed the Bench for the defence, and said tne
evidence was against him, and contrary to his in-
structions. He had been informed that defendant was

shooting at some sparrows, and the witness did not
say any thing about the clock being broken until
reward was offered, also contended that there was a
discrepancy in their evidence, and hoped the Bench
would put the damage as nominal. The Bench were
of opinion that the ease was Droved and ordered the
defendant to pay ..t5 damages, a fine of Is and costs;
in default one month.
NON-PAYMENT OF GAS ACCOUNT.—E. Rickards
was summoned by Thomas Littlewood, collector,
for non-payment of gas account. Complainant
proved that there were due to the Gas Company £3
is. 4d., and that the gas was now cut off. Ordered
to pay the full amount and costs.
CHARGE AGAINST A LICENSED VICTUALLER.—
James Whittaker, landlord of; the Wagon and
Horses Inn, Churchill, was charged by Superintend-
ent Wheeler with keeping his house open for the
sale of ale on Sunday, the 22nd inst. Police-con-
stables Hayes and Dunn proved the case' and de-
fendant was fined 40s. and costs.—Henry Ward was
fined 5s and costs, for being on licensed premises on
the 22nd inst.
CAPTURE OF A WHOLESALE SMASHER.--John
Dean, horse dealer, of the Thorns, was charged with
uttering counterfeit coins at the Red Lion Inn,
Stourbridge' on Wednesday last. Ann Skidmore,
daughter of Joshua Skidmore, said that on Wed-
nesday last the prisoner came to their house and
asked for a pint of beer. He asked for a half-
sovereign for some silver and cooper. She gave him
a half-sovereign and prisoner gave her 786 d in silver,
and the remainder in copper. The four shillings
produced were part of the change an bad money.
Mr. Douglas, silversmith, proved that the coin pro-
duced was baci, principally composed of tin. Prisoner
was remanded for a week, bail refused.
ASSAULT CASE.—Ann Eliza Wallace was charged
with assaulting Rosannah Jones, at Cradley, on the
20th inst. Complainant said that on the above date
the defendant struck her several times and blacked
her eye. Defendant denied striking complainant,
but admitted pushing her. Fined is. and costs ;
in default 7 days.
CHARGE OF VAGRAlsTcY.—George Marshdon and
James Cresswell were charged with being found in
an out house at Summerhill, on the night of the
26th Last, for an unlawful purpose. William
Wilkes' keeper to Earl Stamford, said about 12
o'clock at night, he found the two defendants in
a shed. They had a gun with them and two bags.
He had a struggle for the gun, which was loaded.
He got the man down but be got up and ran away.
Witness sent the dog after him and the dog threw
him down and with assistance the two men were
locked up. Sentenced to one month hard labour

each. -
ASSALZT CASE. • Emma Abbotts was charged
with assaulting Sarah Farmer, at the Lye, oti the
21st inst. From the evidence of complainant it
appears they worked together in a bricl;yard. Some
dispute arose about the work, whoa defendant
struck her. The defence was that a dispute arose
and they fought. Fined is and costs.
BOARD OF GUARDIANS.—The vrQekly meeting
of this Board was held yesterday. Mr. Ray,
bould in the chair. There were also present
Messrs. H. Billiugham, Haskew, Pargeter,
Robertson, Burr, Hingley, Williams, ktodgetts,
Eveson, Weston, Parkes, Rollinson, R. B. Guest,
Mullett, Wood, Giles, Hale, Wright, White,
Rhodes, Lavender, J. Foley, Kelly, J. Guest,
Brooks, E. B. Phillips, Esq„ ex-offieio. Admit-
ted 15 ; discharged 15 ; born 1 ; dead 2 ; re-
maining in the house 483; corresponding week
last year 407. Out-door relief Kingswinford
district £56 Bs. 7d; Stourbridge district £32
16s ; Halesowen district £35 4s Od ; non-
resident paupers 4s ; total, £124 13% 9d; against
£64 12s 31d.—Mr. Burr moved that in future
voting for public officer 3 should be by ballot.
Nine voted for the ballot and 16 against it. A
Sanitary meeting was afterwards held and there
were two candidates for the office of Medical
Officer. Mr, Thompson, of Cradley obtained
12 votes, and Mr. D. W. Phillips, of Hale sowen
11. Mr. Thompson was ejected.