The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1878-11-16 00:00:00

A MINING REFERENCE CASE.

The plaintiff, Mary Robinson, is the owner of the
Royal Exchange Inn, at Cradley Heath, and the de
fendants the Whitehall Colliery Company.
The action stood for trial at the Stafford Assizes,
but was referred by order to Mr. G. M. Dowdeswell,
the official referee. The reference took place at the
Great Western Hotel, Birmingham, and was heard
for four days, before the official referee, in July and
August last. Mr. Homfray (of the firm of Homfray
and Holberton) conducted tho plaintiff's case, and Mr.
Homer that of the defendants.

The claim was for mining injuries to the
Royal Exchange Inn. The inn stands upon mines
mostly belonging to-Lord Dudley under the Rowley
Regis Enclosure Act, but a part belongs to Mr. George
Dudley, who also owned the whole of the surface,
and sold such surface to the plaintiff's husband, with a
reservation that as to any mines of his or his assigns
the purchaser should not be entitled to compensation
for injuries to surface or buildings. The defendants
are lessees of Mr. Dudley, and also of Lord Dudley,
and worked their mines together, and damaged the
plaintifra inn ; but they retuied to pay any compensa-
tion, because they alleged the damages had been en-
tirely caused by getting Mr. Dudley's coal, and not
the Earl of Dudley's.
The Official Referee has now found for the plaintiff,
with £405 damages, subject to a deduction of £lOB if
the Court should be of opinion that the defendants had
power to mine as they liked under Mr. George
Dudley's land.

BRIERLEY HILL.
•
CHARGE or DRUNKENNESS.-At the Police Court, CD
Monday, before Messrs. F. Evers and L. Freer, John
Pritchard was charged with being drunk and dif;orderly,
Police-constable Mountford proved the ca..e, Defendant
was fined 5s and costs; in default fourteen dais' hard
labour. _ . _

CHARGE CF FOWL STEALING. Benjamin Smith,
collier, was charged with breaking into a fowl peu COl
stealing a hen fowl, on the 9th lust, the property of
John Watkins. John Jon, 23 said that he lived with his
step-father, John Jones. He kept the fowls and they
were safe the previous night. At 530 he went to the
pea and found the door broke open and a white fowl
g n , and th re were gavel bit. He saw footmarks in the
snow and cord marks. He pointed them out to PoEce-
constable Laffurd and Police-sergeant Smith. Police-
constable Loffurd said from information received he
went to the fowl pen about six o'clock in the morning
He saw foot prints and traced them to and from the pen.
He tin n went for Police-sergeant Smith and they traced
them across the prisoner's garden, across another gar-
den. across two fields, and across the railway to the
prisoner's door. He examined the prisoner's boots and
they were wet. He compared tie footmarks and they
! corresponded exactly. There were also marks of cor-
duroy trousers, which were plain on the wall were tbe
prisoner sat down and corresponded with the prisoner's
' trousers. Police-sergeant Smith gave corroborative evi-
dence and preyed apprehending prisoner. The Superin-
tendent proved a previous conviction against the prisoner
for stealing pigeons. Prisoner denied stealing the fowls
and he was committed to take his trial at the next
Stafford Sessions:

DAMAGING TREElL—Charles Slater, John Gaodyer,
and John Jones were charged with breaking trees and
stealing chestnuts, on the 25th ult, the property of Mr.
Foley. William Allcock, night watchman, proved that
he saw the defendants in the wood. He called to them
but he did not break the trees. The Beneh said it had
not been proved that defendants broke the trees, but
they were on trespass and another charge may be pre-
ferred against them but they elactild dismiss the first
summons and cautioned them.
APPLICATION Fon SIIRETIEB.—Mary Ann Shotten was
charged for that she did on the 14th ult, wilfully throw
missiles into Mr. S. Pearce's garden and he asked for
sureties of the peace. Mr. Waldron appeared to prose-
cute, and Mr. Addison defended. Mr. Waldron said he
was instructed on behalf of Mr. Pearce, a surgeon, prac-
tising at Brierley Hill, and the defendant was a servant
girl in the employ of Mr. Windmill, a neighbour to Mr.
Pearce for some time past. Mr. Pearce has been sub-
jected to a good deal of annoyance by missiles being
thrown over into his garden at different times such as
large stones, wood, and parts of bricks and said that
Mr. Windmill was at the back of it. dr. Addison: I
deny that anything has been throw over the wall into
the garden but that the defendant had got a dog, which
was in the habit of going into Mr. Windmill's garden,
and the piece of wood produced was thrown at the dog
to drive it away. Mr. King suggested that rather than
go into the case it would be much better if Mr. Wind-
mill would promise that no missiles should be thrown
into complainant's ground and that Mr. Pearce should
keep the dog tied up. After son.e little haggling this
was agreed to and the costs were paid between them.
CHARGE OF PERMITTING DRUNRENNESS.—John Wel-
ings, landlord of the Commercial Inn, Pensnett, was
charged with permitting drunkenness in his house on
the 26th ult. Defendant was further charged with per-
mitting gaming in his house on the same date, Mr
Waldron defended. The first witness called was Police-
oanstab's Lichfield, stationed at Brierley Hill, who said
that on the 26th nit, he went to the defendant's house at
nine o'clock in the morning. He saw six men in the
house drinking in the kitchen and amongst them was
William Garbett but he did not know the others. He
visited the house again at twelve o'clock and the same
party were still there. Garbett was the worse for liquor
staggering about the kitchen, and throwing a workman's
can on the fire. He visited the house again at ten
minutes past one with another police-officer, both in
plain clothes. Garbett was still there and they remained
in the house until three o'clock. He saw the defendant
' fill three glasses of brandy. Garbett tried to get up to
light his pipe and fell across the kitchen floor. Garbett
got up and called for a brandy and soda. He was sup-
pled with it but he refused to drink it as he said it had
been tampered with. Garbett was afterwards supplied
w.ta several jugs of ale. He poured a quantity of ale in
a man's hat and threw it on the fire. Uarbett then went
off with another man's hat. He was fetched back and

he had his own hat and then went staggering down the

road home. Garbett made use of -profane and bad
language. Mrs. Wellings came in several times and
she saw two parties there commence to play at a game
called " tippet." Witness was asked to play bat he
refused, lie saw two parties play for several quarts of
ale and saw Mr Weliings receive the money. Witness
fetched some of the ale and paid for it. Several games
were played and Wellings's won the last three games.
Croas-examined : I joined the force on the Sth ult. I
have had the police clothes on the first time to-day. I
did know the defendant and family and visited their
house. Mr. Waldron: Then you are a nice young man
In blue for the first time to-day? Witness: I am. Mr.
Waldron: And you think it a nice thing to do what you
have done? Witness : I do. Mr. Waldron: What did you
leave Cornelius Chambers's for? Witness : Because I
could not cut the kedges straight. Mr. Waldron: Did
he not kick you off the premises? Witness; No. Mr.
Waldron: Did he not call you a drunken lazy scamp?
Witness: No, he did not to my face. Mr. Waldron:
How much did you hale to drink the first time you went
to defendant's house. Witness: A. half pint of ale and
a bottle of ginger beer. The second time we had a pint
of ale between us. Att. Waldron : How much will it
take to make you drunk? Witness: About six pints.
Mr. Waldron: Where did you have the six pints ?
Witness At different plates, not at Brockmoor. Mr.
Waldron: How many times have you been drunk?
Witness : None at all. Two pints of ale is enough for
me at a time. Police-constable McGorty was the next
witness and gave similar evidence to Police-constable
Lichfield. This being the evidenca for the prosecution
Mr. Waldron addressed the Bench for the defence, and
said that it had not been proved that defendant was
liable as he was from home but of c3urBe defendant was
no doubt liable for his servants. The family had kept
the house for nearly thirty years and never no charge
had been made against any of the family. He strongly
condemned the spy system. Here is a young man on
avowed good terms with the defendant and his family who
goes into the defendant's house and there acts the spy. He
considered it was a most sad and disgraceful thing to do,
and that he had disgraced the cloth that he had got on
to-day for
.the first time. He had sold his friends. Mr.
King: You must bear in mind that Lichfield joined the
force on the 6th October. He contended that the con-
duct of Lichfield in the box by contracting his eyes,
which was highly suggestive of cunning and low artful-
ness. The defendant was called and denied that he was
at tea as stated by McGorty. Mrs. Wellings was next
called and denied that Garbett was drunk and denied
having supplied him with brandy as stated by the officer
Henry Payton was called and said there was no" tippet"
playing. Garbett was sober but he did not stay long
Joseph Revill and James Griffiths were called and swore
that Garbett was sober. Stephen Granger, Wildam
Garbett, and William Wellings were called and denied
that Garbett was drunk or that there was any playing at
"tipping." The Magistrates retired into their room to
consiier the case and on returning into court Mr. Evers
said they had given the case their best attention and
considered both cases proved, and fined defendant for
the first case £5 and costs, and for permitting gaming
50s and Costs.
SELLING ALE ON THE PREMISES.--AHH Gould, re-
siding at Bromley, was charged with selling ale on the
premises, she having a license only to sell ale oil the
premises. The case was withdrawn by Superintendent
Woollaston on defendant paying coats.
Dames Asp DUORDERLY.—John Barr, basket maker,
was charged with being drunk and disozderly, on the
10th inst. Police-coustable Evans proved the case and
defendan was fined 2e 64 and costs ; in default seven
days' imprisonment.

KIN VER.
ASSAULT CAsn.—At the Police Court at Brierley Hill
on Monday before Messrs. P. Evera and L. Freer, Sarah
Morris WAS charged with assaulting Georgina Preston
on the Otb inst. Mr. Addison appeared for the com-
plainant, who said that as she was going with her
father's dinner she met, the defendant who asked
her what she had been saying about her and without
waiting for a reply defendant struck her several times
but she did not strike her again. Defendant denied
the case and she called a witness who said defendant
only pushed complainant but did not strike. Case dis-
missed.