The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1870-02-19 00:00:00

CHARGE UNDER THE TRUCK ACT AT

BRIERLEY HILL.

At the raterley Hill Police Count, nu Tuesday, before
Me-are. 11.ineonks, Talbot, and Sc oit, Moses Vuun, re•
• at Quarry Bank, wes Use iofornea(tim
of John lt.nnid, that. being the tiop.toyer of Maiy
• aititieer einplo)ed in the manufacture of alert!, did
pay ti the Willi ilsry Hail eel Lou wages thin due, and
beaig inn ieloect of such oy into. to the saia
Many 8111 7., °that wow then in the current Coin I the
',eh., to wit. butt. r. ranhiant., Ira., sugar. soap, p
and other ertie.es, tine naiad article. being prepored unit
nils rail. and there toionnue.t by Me Mary Hid,
cootret) to the at that..

Mr. Addnon 1 peaced t nuptort the therv., end i‘lr.
G. Perry th-fendtd.

In epening the cue, Mr. Ad:ison said he was instruc-
ted that defend•ht wan in the habit of employing women
to work for him Os Inborn re on the bank, at Messrs.
levers works, at Cradley. Couiplainent wea so employed
in Ni v-tuber last. Defendant keeps a small shop at
Lotney Town. Ihe women were in the habit of going to
the defendant's bowie to i.e paid. Defendant bad epreed
them ii take goods Mat, ad of gie," them the money
due to them. Ms should prove beyond a doubt that the
goods were given in-tead of money, and if he diii so he
would ask the Bench to put such a fin, spun J.fendsot
that would ati.p sue& practices being carried out.
Witoesses were ordered out of Court.
Mary Hill sad: I am a single woman, and live at
Quarry Bank. Have been employed to labour on the
bank at Evers' Forge. at Cradhey. Made all agreement
to give or take 1-1 days' notice. Recolect going to the
defendant's house in Novernb,r last. Had is coming to
me that week. My sister bad the same. Reckoned on a
Saturday. Went on the 17112 of November. Me sister
slid her husband, Elizabeth Whitehouse, and Mary
Bloomer went whir me. They are enip!oyed by ch fend-
ant at the present time. Went into a back place, and
afterwards went into the ship for our monev. bid not
get money, but the value in food. Hid rabbits, hater,
sugar, to. soap, awl parsnips to the amount of 7s. I
received my eieter's g wide at the enure time. Her goods
arnonnted to 7s. Asked for Jimmy, and defendant told
I should have to take it out in food. William Round
works fur defendant. He earns 1.1. Went there to work
about seven months ago. A person named Ann Dint-
mock worked there. Ile paid mu in money the first two
week, and then told me that it I did not take it out in
foad I should not wok under him. Dimmock heard him
tell me. About a fortnight before Christmas I coin-
plainer.' to defendant, and told him I sheuld not have my
wages in food. Ile then said I should not work for him.
Since then it has been paid iu money.
Crosi-examined: Defeuilant has the gleede from the
puddling furnaces. Was summoned before the Regis.
trstra, and dismissed. On the 29th of December was
not prid in cob. The shop belongs to the defendant.
Owe defendant eomething for grocery. I owe about 14s
for provision.. OW not receive ray money in provisions
in broken weeks. Had 16 elirl:ings' worth if provisions
in one week. Did not leave the prisoner before Christ-
mas. Elizabeth Attenborough settled with me. Have
never seen any one there. Can't tell why I did not take
out the summone Vlore. Took it out after be summoned
me for stealing gleeds. My moth r clothes me.
William Round said: I out a labourer in the employ
of defendant. Recollect going with my wife and coin.
plainant on the 27th. Went there for wages. Mary Ann
Drinkwater was there. Defendant told MI,. Summers
ti pay me. She gave me .£l. Saw what was given to
my sister and wife. They received their wages in pro-
visions. Went to onr home at Quarry Bank.
Crosicesamined : Mrs. Attenborough always pays us.
Defendant tells us every Saturday that if we do not take
it out in goods, we shall not work for him. Mary Hill
said she wanted the things. She bad not been paid her
wages before she went into the ehop. Do not go with
her every week. Heard her say she should take out a
summons against the defendant last Friday, when they
were charged with stealing the gleeds.
Mary Drinkwater said: I am wife of George Drink.
water, and live near Cradley Station. Wash, defendant',
house a month before Christmas. Waa in a little par-
lour having eomething to drink. Mary Ildl and Round's
wife were in the shop, and saw them have some goods.
Heard them ask for butter and tea, and heard Mrs. At-
tenborough say there was something left. Whitehouse
and Bloomer were in the house at the same time.
Ann Dimmock said: lam a widow, and was formerly
in the employ of defendant, who told me that if com-
plainant did not take out her wages in goods she should
not have any work. Afterwards told complainant *bout
it.

Louisa Round, the wife of William Round, corrobora•
ted Mary Hill.
Elizabeth Whitehouse said : I was at the defendant's
house on the 27th of November. Defendant, Mary Hill,'
Louisa Round, and William Round were there. They
were there for money. Saw 11,11 and Hound have some
goods. Don't know how much they amounted to. Did
not hear Mrs. Attenborough nay to complainant that she
would have to take it out in goods. She told Mary Hill
that she could not have any more things just before
Christmas. Get Is per week. Have worked for defend-
ant two years and two months. Sometimes have had
about Is Gd worth of goods.
Mr Perry, in defence, said he was instracted that the
defendant denied the °barge against him altogether.
His sister keeps a shop, and sells • few little articlos.
The two women say the goods they had came to 70 each.
Another witness says they had 2s worth of goods beside.
the 14s. He should call witnesses who would prove that
complainant was paid her wages in money. He called
Helen Stunruera, who said: I am sister to defendant,
and keep a small provision shop at his house. On the
27th of November I reckoned with Mary Hill, of Lowey
Town. Her wages came to 7s. I paid her in money.
Reckoned with Louisa Round the same day, and also
paid her in money. They did not h•ve any goods in the
shop. My brother did not tell them that if they did not
have the g iods they should not have any money.
Cross•ezamined : Will swear that Drinkwater was not
in the house that day. Cannot read or write, bat get
my brother.in-law to put the thinga down. Am receiving
parish relief. Get 40 lict per week for my three children.
Have received it for 18 months.
Sophia Banner, wife of Stephen Banner, said: I live
at Lomey Town, and work for defendant. Was at his
house on the 27th of November. Was there when Hill
and Round were reckoned with. Last witness reckoned
•
with them. They were paid in money.
Cross-examined: Work at Dunn'e. Hill and Round
were paid in the kitchen. They did not have any goods.
It was between fon: and five o'clock.
" ' '

Sarah Hingley eorroborated Banner.
John Banner said : I work fer defendant. Was at hie
house on the 27th of November. Was settled with that
night. Was paid in money. Did not see Hill or Round
there.

Edward Attenborough said: I work for defendant.
Was at his house on the 27th of November, when Hill
and Round were paid. Helen Summers settled with
them, and paid them in money.
Mr. Perry raised a point of law for the consideration
of the Magistrates. Be pointed out that the trade of a
gleed seller was not enumerated among those to which
the Truck Act applied, nor was it a trade which could be
included within the definite clause of the Act, which said
that for the purposes of the Act all labourers in any
manner engaged in any way about the several trades or
occupations enazaeratod will eon* amnions operation.

Mr. Addison said the: had been eases decided in wbieh
it was held that the true test of the implication of um
Act, was whether the contract was for labour er the re-
sults of labour.
Mr. King said he did not think the point evietly ap-
plied. and there were stronger case.; divided than those
mentioned by Mr. Addison, in which it had bees hell
that a person employed as a boat nuloader for Ironworks
came under the operation of the Act.
Mr. Perry said the trade of gleed seller was separate
and distinct.

The Bench retired for a short time, and on returning
said they had given the case very carefnl consideration.
and they bad decided to convict in both cases. They
would tine defendant gm) in each caw and costs ; one
half to go to the informer. In default of distress, two
months' imprisonment in both cases. Four other ones
were withdrawn at the suggestion of the Bondi.