The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1871-10-28 00:00:00

CHAMBERS r. PRESCOTT.

JURY CASE.

At the County Court, ou Tlinraday, before Loxdale
Warren, Eq., Deputy-Judge, this was an action brough.
by plaintiff to recover the stun of £4l ts 3d of the de•
fendaut. Mr. Honifray appeared for plaintiff, and Mr.
C..Stuith (of the Oxford Circuit), for the defendant.

Mr. Homfray, in opening, said that the action was
brought to recover the sum of £4O for money lout by
plaintiff to the defendant, on the 13th July, and £1 tis
3d for glass supplied to the defendant by plaintiff. Mr.
Homfray then went on to state what he should prove,
and said if he did prove the case to the astisfaction of
the jury, he should ask them to give him a verdict.
John Saxton Chambers isaid: I carry on business at
the Delph Forge. at Brierley Hill, in partnership with
Mr. Parker, Mr. Prescott wee the solicitor for Oxen,
The affair got into Chancery, and cost a considerable boo,
of money. On the 15th July I went to Birmingham with
Mr. Prescott. Mr. Parker had previously gone. It wa,
quarter-day. Prescott advised us to go out of the WAN
for a few days, am he expected an attachment was issued
against us, which was for not answering in Court. On
the way defendant naked me to lend him £4O. I told him
I had not got it, but that Mr. Parker had. Defendant
and myself went to the Queen's Hotel, and afterwards to
the Acorn. and 1 asked Mr. Parker if be would lend me
me £lO. We went into No. 3 room. Mr. Prescott was
there. Mr. Parker had a quantity of notes and gold, and
he paid me the money in gold, and I paid it to Mr. lees
cott in the presence of Mr. Parlor. I afterwards dined
with the defendant. I have often asked him for the
money, and he refused to pay. The money owed by Vie
firm has been paid at your office.
Thomas l'arker said : I carry on business as a railway
wheel manufacturer, and hare removed from Derby Co
here. 1 woe a stranger in the town, and Mr. McEwen
introduced the defendant to me, and I employed him as
my solicitor. It was necessary to have a steam hammer.
and employed the defendant to aaaa rge for some works.
there was some difficulty in the case, and afterwards got
into a Chancery suit with Messrs. Freer and Perry.
Messrs. Moore and Harper filed a petition against me,
and afterwards attended at your office to settle the mat-
ters in dispute, and you were appointed referee. I gave
a promissory note for £265 9s 94 to Mr. Moore, and the
suit was to be concluded. On the day it was due myself,
Chambers, and defendant went to Mr.lllbore's house to
pay his money, but found he was in Scotland, and there
was an old lady there, Did not pay her. On the 13th
July, I saw Mr. Prescott in Birmingham. He said, Oh.
lam glad to are you are not arrested.' I said, .• What
for ?'' He said, for n, .1 paying the money. I said some
atrrug words to him. At that time I had a large sum of
money is my pocket, which I had received from the Joint
Stock Bank. I afterwards saw defendant and Chamh,s
at the Acorn Hotel. Was having a glass of sherry and a
biscuit. They said they wanted to speak to me. I told
them to go into No. 3 room. I followed them. Plaintiff
asked met,, lend him £lO. 1 counted out £2O in golf.
Chambers gave it to defendant. I then counted out
another £20.. Chambers gave that to Prescott. who pro.
wised to pay it on his return from London. Defendant
lip to that time had done my business, when I instructed
your firm to pay him the money due to him.
David Thomas Cooper, Clerk 0, Messrs. Homfray and
Holbertou, proved that when Mr. Holberton was direct,nl
to settle with the defendant, he was told to deduct the
£4O from the account.

This being the evidence,
Mr. Smith addressed the jury for the defence, arbl
called the

Defendant, who suit: On the 10th July I went with
plaintiff and Parker to Moore's house, hut found he was
in Scotland. Saw an old lady. Mr. Parker produced a
blank cheque. I filled it up, and Mr. Parker signed it.
Chambers did not say he had allf money. The old lady
did not receive it. On the 13th I got • letter from my
agent, who said "Take care you don't get your client
arrested." I told Mr. Parker, who seemed a little aston-
ished, and he went through Dudley, and I met him at
Birmingham. I rode wiqia Chambers to Birmingham
did not ask plaintiff to lend me money while in the
train. I attended a meeting of creditors. Saw Mr.
Chambers, and after went into the Acorn lintel, and went
into a dining.room. Never was in No.', room with
Chambers mid Paiker alone. Had dinner there. I never
saw a purse of Mr. Parker's in my life, nor ever received
one birthing from Mr. Chambers.
A large number of letters were read in Court, which
went to show the transactions between the defendant and
Messrs: Parker and Chambers.
_

Mr. Homfray replied—Z.l; evidence, after which
His Honour, in summing up, addressed the jury, and
said the action was brought to recover the sum of £4l ns
3d ; £4O for money haul, and fl Us 3d for certain glans
which the plaintiff had supplied, and paid for at the re.
quest of defendant. It was a most painful duty the jury
had to perform, because as the connsel for Mr. Prescott
had told them it was on one side or the other a most
awful fraud, and wilful and corrupt perjury, and it wan
for them to say upon which that fraud and perjury w..
He would assist them as much as he could by reading
the evidence on both sides over to them. He earnestly
urged them to put aside the remarka that had been made
io reference to the character of each party, and asked
them to decide upon the evidence before them.
. . . . .

The jury then retired, and after being absent about 10
minute., returned, and the foreman said they had found
a verdict for plaintiff for the full amount claimed.
Mr. Smith applied for execution to stay until next
Court day, to produce three affidavits from gentlemen
who were present at the meeting.
The application was granted.