The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1869-12-18 00:00:00

gotai anb piArict getns.

COUNTY COURT.

EKTRAWIETNARY ACTION FOR DAM-
AGES FOR AN ASSAULT.
CLAIM FOR _VA
PALMER AIM WIFE v. MILLER.
JULY CASE.

At the Connty ennrt held on Wednesday last,
4efere Loxdale Warren, Esq.. Deinity-Judge.
his Wfig an action bromAt by Francis Palmer
And Wife, to recover the sum of £5O for an al.
toed assault cumulate,' by Daniel Miller. ern.
•pr, moon the plaintifrA wife on the 17th of July
last. Mr. Smith einatrueted by Mr. Prescott).
ippeared for the plaintiff. and Mr. Godson, of
he (ford Circuit (instructed by Messrs. Freer
and Perry) defended.
In opening the case, Mr. Smith Bahl that
amid ;Wier a grocer. of Brierley Hill, who
-,idled at Cleiwn'.:ll, use the defendant. The
olaintitt was Francis Palmei, who had formerly
'teen in the service of the defendant for two
rears and nine months. and the action we to
*cover the pain of £5O, for an alleged assault
anon plaintilra wife, by the defendant. The
W:LS in the service rf the defendant,
and lived near hi., lions° at Chawnhill. 1,1 June

,ht. the wife was tku into onstody
for passing counterfeit coin She was tried at
atoorhridge, committed to Worm:step, and took
nor trill there; and Mr Dothan there defended
her, and he W.is awarded one day's Imprisan-
meld, Tho ,ITeet Wag ShO left the Couvt, the
same day. The defendant went dowu to Wor-
.:. step to eiv, her a good eherselor, but ha wag
efincqi I,pon. fo returning how she was
•ather late. Dodeni. else came home late
that might. (1,1 Lls return he went to nlalutlirs
house, •ind there towel w.. women in the house,
Def. nduet was intoxicated at the time. It was
lear twelve o'clock, and the two woolen—Mr.,.
Freeman and Mra. ?Mee—thought they had hot.
kr go, as they gam some familiarity going on.
They had not gone far when they heard a scuttle
'eking place, and according to Mrs. Pulmor's
tale, d„fend..nt sidled no to the sofa and began
to congratulate her, and said he was sorry that
her husband had brought her lime, as he would
Ike to have done so himself. Defendant then
.nought hold of her, end said that he had paid a
pound for going down to Worcester to give her
good character, and that he should not pay the
pound fat nothing, but should have the use of
her body. Defendant then caught hold of her,
.ind threw her across the arm of a sot., and in-
,lured her; hut she being stronger resisted, and
the result was that Mrs. Palmer was injured,
and sulTered great pain, and on the tltith of July
she miscarried. No doubt gentlemen would be
called to give medical evidence because Mr.
Henderson, who attended her, did not happen
to be qualified ; but he was quite sure the jury
would not be carried away by their evidence.
He should show that a premature confinement
was brought on by the gross attack made upon
her by tha defendant. He shonld call the wit-
ness Mrs. Palmer, who would detail the amount
of suffering; and other witnesses. It did appear
to him 113 he a gross outrage to her, aft .1. her
gratitude to attempt to defile her and rob her of
her virtue. He should proceed to call evul •ice,
and sho. Id ask the jury to give such an amulet
of damages as would compensate her for the in-
juries she lid received.

Sarah Palmer deposed : I am the wife of
Francis Palmer, who lately lived at Uhawnhill,
and was in the service of the defendant, Mr.
Miller, and had lan for two years and nine
mouths. On the Ist July I was committed to
Worcester Assizes for passing a counterfeit half-
crown. Was found guilty, and received one
day's huprisonment. Ileft Worcester at a gear-
ter past six, and got home about eight o'clock.
Mrs. Freeman and Mrs. Price came to see me.
Defendant come home at about ten minutes past
eleven o'clock, and he was very much intoxica-
ted. Defendant said he was very sorry he could
not get his trap, and he was very sorry that
diel bring TUC home, meaning my hus-
band. He meant to have brought ice home
himself, if it had cost him £9O. At that time
my- husband had gone to Brierley Hill, to fetch
Mrs. Miller home. He did so every Saturday
nig:it. When he came in he 'imbed the door to
and said he had been looking all over Worcester
for me. This was said in the presence of Mrs.
Stringer and Mrs. Freeman. He then put an
improper question to me. I told him if I had
been a man I would knock him down. He said
he could not afford to pay a guinea to go to Wor-
cester without having the use of my body. De-
fendant then caught hold of me, threw u•:.
against the aria of the seta, mid pat his ha.l
up my clothes. Witness then described the
nature of the assault, which is unfit fur publica-
tion.: The effect was that at the time she was
pregnant, mai was inticii iujared. She could
not lie dmwi ii Mmtisy, or sit up, hut had to
han mcii th. raole. Iliad no pains; could stand,
hut not ail. d vii, 0,1 the ttith 1 IVO eeallue4