The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1879-12-27 00:00:00

-J1 =tat' t

COUNTY COURT.

APPLICATION FOR AN ORDER.-At the County
Court. on Monday before R. Kettle, Esq.,
judge, Mr. J. P. Young (from the office • f Messrs.
Beal Marigold, and Co., of Birmingham)
applied for an order of the Court under the
following circumstances : —An action wee brought
ii 1877 to obtain administration to the estate
of Richard Mobberley, deceased. That actio
proceeded in the ordinary way tiL the 9th of
September, when the registrar, al er due enquiry,
certified that Elizabeth Mobberley, widow of the
deceased, was entitled to 187 5s 4d, and on Sep
tetnber 25th the registrar of this Court made an
order that that sum of money shou'd remain in
C itrt till an order of the Court i• self was made.
After the con.mencement of the admini3tration suit
an action was brought by Sanau,.l Mobberley
against Elizabeth Mobberley, and a judgment cb-
ta ned for £167 12s 7d, with costs. Proceedings
were taken to attach the money in toe hands oi the
r.'gistrar, that it might be applied towards tee pay-
ment of the debt and costs. A garnishee order
was made by the High Court, and duly served on
the registrar of the local oourt, who was in posses-
sion of the money on behalf of Elizabeth Mcbberley
Meanwhile, Samuel Mobberley filed a pe'ition, and
Mr. Young's client, Mr. Thomas Keen, ens ap-
pointed receiver. He became trustee, and as such
was entitled to receive this money.—His Hon, ,ur :
You say it is asses P—Mr. Young: Yes, and I
apply for it to be paid out to Thomas Keen. Mrs.
Mobberley is now dead, but it ni,kes no difference.
There is an executor acting for her, and Mr. Higgs,
the solicitor acting for him, telegraphs to me:
"Important engagement in Birmingham. Cannot
attend, and consent to order upon the notice of
mo:ion." So that there is really no opposition.—
His Honour granted the order, subje,t to the regis-
trar finding that all the necessaty forms had been
c .mplied

PLANT V. SMITH.— This was an action brought by
Thomas Plant, brewer, of Netherton, against the
defendant, Geerge Smith, horse dealer, of Stour-
bridge. to recover the sum of £3O lOs for an alleged
breach of warranty. Mr. Stokes, of Dudley. ap-
peared for plaintiff, and Mr. Wal iron, of Brierley
Hill, for the defendant. Plaintiff said that on the
13th August last, he bought from Mr. Moreley,
(the defendant's agent), a hon.-, at Wolverhampton
marke , for which he paid £46. When he bought
the horse the defende reds agent said be conle have
the horse for a aei la or fourteen days, and if it did
not suit he was to take it back and he would return
the money. The agent warranted the horse t be
sowed and a good worker. He kept the hors for
nearly two raonths and worked it about three days
a week. On the 28th 0. tuber he perceived the
horse was lame, and he sent it to Mr. Green,
veterinary surgeon, of Dudley, to be examined and
it was found that the horse had a sand crack in the
fore:foot. Ile went and told the defendant about
it but he would not find him another horse. He
then sent the horse to the repositery to be sold, and
the amount it realised w.is 21 guineas. Cross-
examined: He did not work the hors 3 for
more than three days a week. He hed two
more horses at the came time. The horse
would have to draw about 16cwt. It isa very hilly
country. Mr. Mills, horse dealer, went with him to I
the market anl examined the horse, and thought,
,he loosed like a very useful horse. He had the
horse sir once before it showed any lameness at
all. Daniel Mills, horse 'dealer, said he was with
plaintiff when he bought the hors- and he did not
p .rceive any sand cracks. Mr. Green, veterinary
surgeon, of Dueley, said the horse was brought to
him to be examined on the 28th October. He ex-
amined t..e horse and found it was suffering from
sand cracks. The sand crack had been stopped and
he unstopped it himself The sand crack was
conic, not recent. It had been stopped with ereaee
an i pitch which was generally used for the purpose
of disguising sand cracks. Cross-examined: Some-
times it ...rises from a weak foot. The horse had
been sho I 0112,e at his place and it kid a sand crack
then. II wa first asked about the sand craek
on Ile 28th October. The sand crack may have
come sudelealy. His Honour said they ha I to
prove that t e horse was unsound on the 13th of
August. Mr. Green, re-examined: The herse was
predispose tt ) sand caack-s. Ihe horse had a thin
shelly foot which he always thought unsound. Ho
believed the sand crack was there en the 13th
Augn t and the reason he did so was because it was
so wade. The owner would have knowledge of it
Mr. Baker, carter for plaintiff, said he had cnarg)
of the horse part of the time he was there. He
washed its feet on the 15th October, and saw some
matter. He got his knife and pulled out th 3 dirt.
He did not see the Rand crack before. William
Allen, car; er for plaintiff, said he attended to the
horse most of the time whilst plaintiff had it. He
washed itsifeet several times. He did net notice
the sand crack till after he hed been shod by Mr.
Green. Cross-examined: The horse was shod in
October. He had washed its feet every night and
had never noticed the sand creek. Mr. Wallro
then replied at some considerable length end con
tended that the evidence did not -hew that the
horse had a sand crack when purchased by plaintiff,
nor that the horse was predispose't to th • sand
cracks. Edward Moreley was then called to give
evil nee for the defence, and said he was agent for
defendant. and on the 13th August, he sold a horse
to plaintiff as being sound and a good worker.
The horse had not a sand crack then. On lie 23rd
October the plaintiff came to him end s :id :he
horse had no sand cracks when ho sold it. Ceess-
examined : He took the horse to market on the 13te
August and it was sound then. Mr. Kemp ,farmer,
of Kempsey, said he sold the horse to defendan,
on the 9th August. It had no sand cracks then
Cross-examined: lie examined the horse before he
asked defendant to look at it. He had no particular
reason for examining it. He did net suepect the
horse having sand caacks. George Smith, (defend-
ant,) said he purchased the horse from Mr. Kemp.
He knew the horse when it was two yews old.
Before purchasing the horse he examie el it, and it
had no sand cracks then. CrO,S., xarnined : He
knew what sand cracks were, lie id not know
what they stopped them with. He never saw one
stopped. He examined the horse's foot. He had
had horses with sand cracks. He never saw them
discharge, William Harrington, cattle dealer, said
he took the horse from Kempsey to Worcester. He
examined the horse and it had no sand cracks. Mr.
F. Blakeway, vetermary surgeon, said a faind crack
was a crack in the foot. It mum, a from concussion.
It weuld develope itself suddenly. His Honour
said that having taken the evideeeo all round he
felt hound to give a verdict for defendant.
EvzsoN & Co. v. CHAFCE.—This w s an action in
Mi sere. Eveson and Co., spade manufactur-
ers, of Shepherds Brook, sought to recover from
Alfred Chance, chartermaster, of the Lye, the sum
of £l5 26 Od for goods received. Mr. Elcock, of
tourbridge, appeared for the plaintiff, ad Mr.
Wyndham, of Stourbridge, for the defendant. A
verdict for plaintiff was returned.

FORTUNE TELLING CASE.—A woman named Care.
es llre Hey, 53 pars of age, hailing from Briarle;
Hill, has for some time been practising the "art" of
fortune telling, and her programme has included a
monthly visit to the neighuourhood of Wollaston,
where she made appointments with servant girl-A and
other, whom she ha, duped by her silly prognosti-
cations. It is known that 8:: • »as in some instaucea
netted a. a day by her wizardry. The Stourbridge
police have received ,teveral complaints about the
woman, but could not induce private persons to
to,Le forward to pro,ecute. A day or two ago Super-
intenden Wheeler sent Podce-onstable Cartwright
in plain clothes ii a inessag.. after the woman. He
suoceded in putting h'inself in her way at a public-
house on the 'Wollaston Road. Prisoner asked him
if he would like his fortune told,and on his assenting
said they had better go into another room. Here
she produced a park of cards and a nlass globe, and
then said she must have money. Cartwright asked
her what he- chars was? She said, "Well, ss. i,
charge; but I will only charge you Is.. as tra e is
;incl." He gave her a shillieg. She then began to
shuffle the cards, and on a heart being cut She told
the offi, or he had ago ,d heart—an opinion which
she probably changed afterwards. The ten of
diamonds was afterwards cut, and the prisoner then
told him that he Would be engaged to a yann,r
woman, who would get into trouble through him-.
She advised him to marry the girl, as she would
have a fortune coming to her in the course of time.
Cartwright was also told that lie would go abroad,
and, holding up a glees globe, prisoner told him the
name of a ship he would sail in. The officer turned
the tables on the prhoner when he told her he was an
officer, and removed her to the 5 th.tion. She wask
brought before Mr. It. J. Freer, J P., at the Stunr-
bridke Police Court, on 'Wednesday. She had nu
defence, except alleging that Cartw7ight gave her
the monev.—.llr. Freer said ho would tell the pri-
soner her fortune. and that wa, that ;,he was com-
mitted to pri4on for a mouth.