The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1870-08-20 00:00:00

gocal anb pdistrict Pits.

COUNTY COURT.

Count.,lly v. Milker.— At the County Court
held on Wedoesla) last, before L. Warren, Esii,
Deputy Jodge. this was an action brought by
Michael Connolly agains Thomas Walker, Sec.
retary to the United Assurance Society, to re-
cover the sum of .tilo 10s, money alleged to be
du, from the soeiety to plaintiff. At the death of

hi. mother, Bridget'Con-uolly.
Mr. Godson. of the Oxford Circuit (instructed
by Mr. C. Collis), appeared for plaintiff. and Mr.
Main r, of /Mr aiiiighant, for the defendant.
Mr. Godson opened the cage at con4derable
length, and put in a number of letters which had
passed between the parties, and contended thit•
the 1 fendant, wbo was t xmcrly in connection
with the St. Patrick's Society, Liverpool, wai•
. .

....... . .
trying to defraud the plaintiff of the amount
claimed. lie also referred t 9 thtir conduct in

ringing a charge of forgery against Lint at tilt
Police Court, on tie pre%ious Friday. If hi
proved his case to the satisfaction of the Court.
he should ask his honour to gibe the plaintiff

verdict.
Plaintiff said : My mother was a member of
the United I,SslllltllVe Society, and she was en-
tered by the name of Bridget Hester, her maiden '
name. The entry W:114 made by a person of tht
name of Knight; but the name was afterwards
altered to Bridget Connolly. She died in Janu-
try last, and he had made the claim to the attend-
ants for the toom.y. They refused to pay it,
and I paid £l, according to the rules, tor an
arbitration to sit to trc the case. The arbitra
tton was appointed, anti when 1 attendee, there
was no one present. That sac at a qiiarter to
eight. Shortly after 1 fIW Mr. Hhgan's son,
she said that bis father had gone to Portland.
to see Thompson, the Feidau leader, and I diu

pied
Mi?

not go again:
While this witness was under examination,
Mr. Godson said he mnst ask Mr. Prescott not
to make remarks to the witness.
Mr. Prescott : I did not.
Mr. Godson: Yes von did. You made a filthy
re nsrk Omit the witness.
The Judge : If Mr. Prescott makes remarks
he ought not to make them so that the plaintiti
could hear them.
Mr. Prescott, rising, said : I object to Mr.
Godson aripeAring in Lois Court as an advocate
I at all.
I Mr. Godson : I object to Mr. Prescott inter-
leriug in the case, as he is not concerned iu

It.
Mr. Prescott : I e a right to object, and
under the 19 not 20 Vic., c 108, sec. 6, prohib•
as a oarr.sler froni practising in It court where
ic b•ia sat as kiiige.
Pie Jude: Mr. Godson:hes a right to appeal
as aii,oeste in this Court, if he thinks proper.

Mr. Prescott: I say he has not. _ _
'lhe Judge: Nib you sit down, Sir.
Mr. Piescott : Your Honour I have a right to
,bleet.
Toe Judge: If you do not sit down and be
shall order 3 ou out of Court.
Mr. Prescott: You order we out of Court, sir,
your peril.
The Judge: Bailiff, remove that gentleman
ott of Lours.
Mr. Fawkes, bailiff, putting his band on Mr.
Prescott'. shoulder, eat. : Coro.. ,mt, sir.
M. Preecott : lou torn rue out, 11 )00 dare.
Mr. Fawkes to the High Bailiti : Is he to conie
•mt, sir?
Mr. Evers : Yen.
Mr. Gramm to the Judge: Perhaps your Hon•
mr nih al.ow Mr. Pteelein to ats in Court. Mi.
i'vescott I know very web, and sometimes he gets
euther warm.
The J nage : If Mr. Prescott will sit down in
Court quiet,y, sum not interrupt the Court, he
mi 3 ; nut if tie does not I eer.altay sitl comuit
mu for contempt of Court. lam not going to
lave my dunes interfered with by Mr. Fres-

Mr. Prescott then sat down
Witness was then cross-examined at some
length, to show that he had signed a card for the
,urpose of ob:aining tiumey frauduientiy. au.
,•uiet tale signature was a forgery; but this was
denied.
Mr. Maher said that an attempt was made by
the plaintiff to obtain the money by forgery, and
,hot the claim warn resisted ' • that pleintill wae
elreeey committed for trial at the 88848,4 for
tor,.;iteg ilmt curd ; and that there WilF ito evi•
dance to prove, that plaintiff was the son of
Bridget A needy ; and contended that Bridge'
heater and Beidget Connolly were not the saute
, eroon.
A witness Woo called to prove that plaintiff
wa, the son ef Rtidget owned} ; that she was
present at his birth, and /Dill ILDO, 11 VI/61161ft
er since,
A number of witnesses were called for the de•
fence, and
Mr. Godson replied on the evidence, and
Ins Honour summed up, and pointed out that
e, cording to the evidence ter the defence, they
md received money of Briuget Counoily, after
datieig met she lead lost all benefit front th,
mcieny by net keeping up her payments, and by
m dolng she was ev.dently reinstated in the so.
,ety, limn the fact of (me of the agents receiv-
iig her coutrinutions ; awl gave a verdict for the
ohantiff for the fill amount claimed, and entitle.
hitety v. Atorre/L—At, the County Court, OD
Thuisday, before Mr. (Judson, Deputy Judge,
.lis ..•.aa actub, to recover Lima ails of £l9 to,
injuries received through the defendant's alleged
degligence. -
Mr. Motterain (instructed by Mr. Holefravy,
Appeared for the 'detrain', and Mr. Radcliff, 01
f,,r defendant.
Junes Whitney deposed; I sin a grocer, living
At Wall Reath On the Ifith of July I lett my
noase with a horse and trap, in company with
John Taylor, and going on my ordinary hueinese.
titer I had bed u a few minutes en the road, 1
cow defendant on the mei going in the same
direction. I was trotting from five to six miles
au hour. As I come up to the defendant be
pulled up with his ieft rein, making a rood for
me to IMOB. AS 1. uses passing, the defendant',
horse fell right sores the road. Defendant wm.
...ming at s jog trot; neither a walk or trot, not
tit to run in a trap, nis legs all to pieces, hi,
knees swelien and broken. Must have fell down
a ,_!reat wan) tinleS. The bore was being drove
without o breeching, and with a very mote rein.
Ao I was pining by the horse fell. The wheel
of my phietun fell on some part of the horse.
i was turned over, and my foot injured. Could
not do anything for a foetnight. The fetlock
and flank of the horse Was injured, not the
trap ilium) injured. The value of my horse ie
£25. Could not get £l5 for it now. The trap
will require a new body to be good, but 1 have
had it repaired, and paid £5 for it; besides my
own personal suffering. A Mr. Nloore wee pre-
sent. Defendant at the time said it was entirely
his own neglect, end he was in the fault.
William Moore, John Taylor, and Frei "tick
Ifee'iett wire ca]ltql to support the raw'.
For the defence, Mr. hateliff contended that
plaintiff had contributed to the injuries be had
received through his own negligence, and that
he was not entitled to one farthing; and called
several witueeees to prove that plaintiff kept a
fiat taavtieg horsd, and that on the above dote
in win; driving far!onaiy, anti tee liaise lawnt
,nase eat xas
tueliChkOlir gay* a verdiet for plaintilf for