The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1870-03-12 00:00:00

THE STOURBRIDGE OBSERVER.

that isi some place, if Prir-sTy Council declared
that the school accommodation was sufficient,
even although half the young population should
not attend school, there would be no improve-
ment if the bill became law. With regard to
the teaching of religion to children, he was as
anxious as anybody that it should be taught;
but he condemned the provision made for it in
the Government bill. The scheme of the bill
in that respect would be equally unjust to
Churchmen and Dissenters, and would be a con-
tinual occasion of ill-feeling and strife To pro-
vide for all the children in the country a sound
secular education, and leave their religious train-
ing to those who were responsible for it, was, in
his opinion, the only way out of the difficulty.
He had in times past striven with them to re-
turn men to Parliament from that district who
would support an Administration like Mr. Glad-
stone's ; but highly as he thought of the Minis-
try, he would rather see them beaten on the bill,
and going out of office upon it, than that a mea-
sure of so unsatisfactory a character should be-
come law—cheers).
Mr. It F. Martineau then addressed the meet-
ing at great length. He said that during the
agitation in favour of Reform Mr. Bright had
said that two years would not elapse after there
was a Reformed House of Commons before
there would be brought into it a great measure
for national education. They must all rejoice
that these words had come true, and that this
Session had seen the inauguration of a new era
in the history of England, and that they had a
Government which had the courage to say that
the people shall be educated. But while they
rejoiced that such a measure had been brought
in, they could not but grieve that it was charac-
terised by certain defects which prevented their
acceptance of it. These, however, they hoped
would be removed in committee. Mr. Martineau
then went on to contrast the proposals of the
Government with the scheme of the National
Education League. The Government had ad-
opted as its own souse of the principles of the
League, but not all of them. He regretted that
the Government had not had the courage to ad-
opt in fall the principle of compulsion, and that
they should have left a matter which was really
fundamental to the permissive management of
the school boards. He strongly condemned the
machinery provided for tke election of school
hoards in rural districts. Its those places where
there was a select vestry, which he might say
was an entirely self-elected body, the whole
power would be in the hands of the clerical au-
thorities, and there was nothing to prevent the
school board in such a place from consisting of
the clergyman, his curate, and his clerk. He
thought they wanted bodies somewhat more el-
ectric than that--I laughter. He maintained
that the conscience clause would be inoperative,
and that the proposals of the Government for
religious education would simply engender strife,
and revive in is more objectionable form the old
Church-rate controversy. In conclusion he re-
minded the audience that what was just for Eng-
land was also just for Ireland. If the denom-
inational system was s.:t up in the former, it
could not he refused iu the latter; and in that
case in three-fourths of Ireland Homan Catholic
doctrines would be taught in the schools under
the sanction of the State. What would that
he, he would ask, but another form of concur-
rent endowment? He hoped the measure
would he amended, and if it was he would ven-
ture to say that England would take a place
among the nations such as she had never been
alit, hitherto to hold ---1 cheers 1.

The Rev. J. Richards moved " That in view
of the educational needs of the country this
meeting. is strongly of opinion that Parliament
should est thli,h a remily national system of pri.
mary education ; and that it is required, alike by
sound policy anti in the interests of justice and
that such system shall be scculer and
compulsory."
Mi. F. Evers seconded the resolution, which
was carried sem. eon.

The la. Maeinuis moved, and Mr. J.
Al:sop seconded, the following resolution :
" That in the opinion of this meeting, the Gov-
ernment meesure on elementry ethication does
not meet the educational needs of the present
time; and that if enacted as it now stands it is
likeleY to be comparatively powerless for good
where education is most required ; and it is sure
ti be powerful for evil in generating end per-
petuating throughout the country bitter sectarian
animosity and unseemly strife."
Tne resolution was carried.
Mr. G. Thorne proposed that a petition
(which he read) embodying the views of the re-
solution, should be presented to Parliament;
and that the lion. C. G. Lytteltm, M.P., be re-
quested to present it, awl support its prayer.
Mr. If. Hughes seconded the resolution,
which was also passed.
Votes of thanks to Mr. Mfirtineau and the
Chairman, closed the proceedings.

BILEACII OF TUe PEACE. —At the Petty Ses-
SiOllP, yest.rrtiay. before :11.ijor Fletcher, David
Flirteher Nal Jeremiah Tamer were cluirged
Soperinteudint Freeman nith committing a
breach of the peace, end acre ordered to find
one surety of ..t5, and themselves in .ZlO, to
keep the peeve for three months.
l-li,;:(w.r OFFENCII. Heury Ilneliet was
summoned by Stiperintemleut Frecamm, fr net
beLig iii sneh a poiition it to ii tre proper con-
trol over his horse and cart on the sth instant.
Police.conste•le Hill proved that he saw the
horse and cart in the highw.y, , ‘vith,,ut any one
with it. Ordered to pay costs, 8s

NON-PAYMENT or Point ltarEs.—A number oi
persons were summonsed up yeqterday, before
.•daj w Fkteher mid .T. lioleroft. Esq., for run.
payinent of poor rams• and orders wo.re ;nude
i eaeli eme .Xeept that of Wiliam Larey, who
wa CICONII. A warrant of distro• a was ordered
V) be issued agsiust threi.l Land.ert.

ASSAULT 011 Tnevday, before W. C.
Firtustone ant R. L. Fre r, tdqrs., Viljii
Kendrick, of the Lye, NV:ti charged by Sdrall
Ann Pugh with assaulting her on the 28th tdt.
From the evidence it appeared they were neigh-
bours, and a dispute arose about baking, when
the defendant struck her a blow on the face and
kick with a shAvel. The Bench lined defendant
2s 6d and costs.

CIIARGE OF PERJURY.-At the Worcester As-
sizes, William Edwin Hodgkiss of the Lye,
chainmaker, was sentenced to six years penal
servitude for counnitting wilful and corrupt per-
jury at the parish of Oldswinford.

NISI PRIUS COURT, WORCESTER.

BEFORE MR. JUST/CR LUSH.

ACTION FOR SEIZING BUTCHER'S
MEAT.
KNOWLES r. STRINGER, TAYLOR, CAMPBELL,
GILES, BAYLN,Y, AND JONES.

This was • special jury ease, and the action was brought
by Thomas Knowles, butcher, of Woiebourne,ta recover
damages against Edwin Stringer, Chairman of the Board
of Commissioners, John l'itylor. Clerk to the Board,
Messrs. Campbeli, Glies, nod Bayles, Surgeon., and John
Joues. Sergeant of Poll. e, for illegally seiaiug plaintiff's
meat from a stall in the Stourbrilge market, on the 30th
October.

Dr. Kenealy and Mr. Adustie (instructed by Mr. Pres-
cott) were counsel for the plaintiff; and Mr. HudiHeston,
and Mr. J. 0. tiritiitioi (in.tructed by Messrs. Freer
and Perry), for the live defendant.; and Mr. fi.rrington
and gr. Jeff (inetrueted by Messrs. Bernard and King)
defended Jones.

- Dr. Reneely opened the case for plaintiff, and said the
action Moo breacit against the defendants for illegally
seizing the plaintiff's meat on the 30th of October last.
Plaintiff is it hotelier, residing at Wombourne, and at
tools St mrbridge mark.t. Stourbridge appeared to have
the unafortune of being governed by a despotism in the
character of Improvement Commissioners, and it did
appear to limos if the town was governed by a kind of
Caliph or Emperor, who had a prime minister or grand
vizier, and adopting the practice of the Caliph of Bag-
dad, they perambulated the streets at night in search of
opportunities for the exercise of their functions. The
commis.i.iners, too, seemed to have a perfect coatempt
for Imperial statutes, and acted entirely upon their own
light.." Now, this caliph seemed to be Mr. Stringer,
ant his prime minister blr. Taylor, one of the defend-
ants in this action, who went prowling about seeking out
what they supposed to be abuses. A gross illegality had
been practised upon the plaintiff. On the 26th October
last, Koowles purchased two heifers at Newtown, Mont.
;;;; eryshire, and on the 28:h they were slaughtered
On Saturday, the 30th, plaintiff took a quantity of the
meat, which was perfectly goad And sound, to Stour.
bridge market. A bout haif.past nine the defendants and
Police.serzenut J-nes (who ass acting as iocura Icor.
fir Dorricutt, the Sanitary Inspector), went to plaintiffs
stall, and one of them .eked, Where did you get that
from?' The answer was, "From Newtown " " No, you
didn't,'' said Jones," We know where you got it from;
for we have received • rui.sa.ge from four or five miles
off.' Plaintiff replied that he knew nothing about the
message, nor where it came fern, and said if they
touched the meat he would make them "pay for it," tel-
ling them at the alms time Ora he had bought the beast
at Newtown, in the prilience 01 a man lie could prodaee.
Me,srs. Stringer and Taylor, 11,.wevur, polled the meat
off tlie hook, and board of the stall, and began to exam•
ins it. They declared it to be bad, and directed Jones
not to allow any alit to be sold. Jones pushed plaintiff

away from the stall, and threatenel to lock him up.
Messrs. Campbell, Odes, and Bayley, three medical gen-
tlemen, were then called in to gira an opinion as to the
condition of the meat, and its fitness for human food
In the end the meat was pronounced to be good, and Mr.
Stringer informed plaintiff that he would he allowed to
keep it. But the time for closing the market had then
arrived, and the beef hail to by carried home. Subse-
qu,ntly plaintiff was enabled to dispose ofjaboutH3UThe
at litd per pound, or at a loss to plaintiff of about one
half. In addition to that, plaintiff had suffered Bijou to
kis credit and depreciation of trade, and it wtt in respect
to that the action was brought. He should prove that
Horricutt Was never properly appointed, and that it was
Illegal. Under the 132nd sec., 10 and 11 Vict., of the
Town Act, it was the duty of the inspector to take care
that the food seized was not fit for human food, and that
the person offending should be taken before the Justices.
Was that done? IsTo ;it did not suit the Sultan of
Turkey. Mr. Knowles takes in the market from £l3 to
I £2O, but in consequence of his meat being seized it was
I reduced from £8 to RIO. He did hope the jury would
give substantial damages. But, on the other hand, lie
would say that if the defendants would acknowledge that
the proceedings taken against the plaintiff were not jut.-
tifiable, and the payment of reasonable costs, the plain-
tiff would be satisfied. The object of plaintiff was to
restore his character as a tradesman.

This offer having been put, the defendants refused to
accept it.
Before any witnesses were called, an objection was
taken by defendants that no notice of action was given,
as required by the 11 and 12 Viet., ch. 63, sec. 139.

Dr: lieuesi'v contended that the.dcfendlua. ta were with.
in the terrna of the Act.

The point was reserved.
'The evidence was then proceeded with.
Thomas Knowles deposed: I am a hatcher, residing
at Wombourne, and accustomed to attend the Stourbridge
Market. On Tuesday, the 20th October, I attended at
Newtown Fair, and purchased two cows for £3O, and
directed them to be sent to Wolverhampton, and from
thence to my address. They arrived on the 27th at my "
place. The cows were healthy and sound. On the I
'Thursday I killed them, and the following day sold part
of the cows to a man named Ince, at the rate of lid and
7d per pound. Saturday is the market day at Stour. :
bridge, and the market commences at from seven to
eight o'clock. At half•past ten the bell rings to close,
and the gas is put out at eleven o'clock. On the 30th
October I took a quantity of meat to sell, and cut it into i
Joints for sale. The meat was all good sod sound. At
about hull-past nine Sergeant Jones, Mr. Stringer, and :
Me Taylor came to my stall, and Stringer and Taylor
asked me where I bad got that meat from. I told them
from Newtown I had bought the heifer. Sergeant Jones
said, "No, you did not. We know where you got it from,
for I have received information that you have had it
from four or five miles off." I told them I knew nothing
of the message, but would make them pay for it if they
touched the meat. I said John Sharpe was near me and
saw me buy the cattle. At the time I bought it Sharpe
was about to yards off. Sharpe was in the Stourbridge
market, occupying next stall but one to mine. When
Stringer, Taylor, and Jones Come to the stall they all
three pulled the meat off the hooks, pointed out differeut
pieces, and said it was bad. Stringer and Taylor told
Jones not to prevent me moving any of it &trey. IVliile
this was going on, several persons came up to the stall,
and wanted to hay meat; but the defendants refused to
let me touch it. Mr. Bayley, surgeon, came up in about
live minutes; but there web a great rabble round, mak-
ing a noise and laughing. Jones pushed me away from
the stall with his elbow, and said he would lock me up,
and my man. In a few minutes after this I saw Dr.
Campbell nod Mr. tides come up. Bayley caught hold
of the meat and fingered it and turned;it over. They
tht u cenversed togctlier. Did not let me hear what they
said. After having the meat in their possession about
half an hoar I suggested they should fetch some respect-
able butcher to examine it. Stringer and Taylor then
suggested Mr. flazeldine. I told them I did not object
to him. Stringer and Taylor told Jones to eo and fetch
trim. ref,“ed to come. The three surgeons took
part in the examination, and the viz appeared to be act-
ing together. Mr. Ellis, butcher, was then asked to
come. Ile did come, and pronounced the meat good. I
told them again I should make them pay for it. They
all pooh pealed the, and walked away. I then wrapped
up the knives, cloths, steelyards and allege, wlnn Jones
came to me to see what I had got, and he found, like the
Irishman, an empty box— (laughter.). When the exam'.
nation was over the hell had rung for half-past 10 o'clock.
After closing time I took the meat home and sold part
of it for 3d and -la per pound. Had I sold it in the mar.
ket I should have hail from 7d to 71-I pound. There
were labour 130,ti5 of meat sold at from 3.1 to 31,1, 1113 ,
21;1s throw away. In ceps, riegee.. ~ftine tr.].
Mr. : I object to this being given in evi.
cleave.

thy Judge said it was not for bpecial damages.
Vt itness: My trade hos fallen off conaiderably.
en...examined by Mr. Iltiddleaton: I took to market
nlviat, :e2ollos or 530Ths. I sold in the market about
Soollis of beef. Have sold 130 Ins at from :-;,1 to hl per
pound. Mr. Stringer in the Chairman of the COMMIS.
Sl
mere ; Mr. Taylor is the clerk. Dr. Campbell,
and Bayley are surgeoue. Never bought meat hum
Davis, of Commoubile, or bad any from him. Hod uot
in oat me it from Wall. of Pensuett, who is a wheel.
aright. Hair seen Police-sergeant Bret... Did not
te:l him that I and twv others had a .• dropped row,"
it was not to the market then. I never bad a
" vropped cow." I know a isis nained Southall. I swear
tlmt, Dr. Bayley did touch the meat. I did pelt op a
piece of meat and bay it Was as good as any in the mar-
ket. I did uoliang another piece of beef and show it
them, which Was at the tulle Jon. s had gone for linen.
dine. Ellis saw the no at, and said it it4s ;.;tl. Can't
s.) that Parlies's opinion Wlts nut it was go.l. Mr.
Stringer did Ind say their devire WSS to pat me right with
the public; but said. "Knowles, we have done with it."
Cross.examined by Mr. Harrington: It sus t
nine when Jones first touched my meat,. ife ouhung it
141 the hook, put it on the board, rod said it aas had,
and pushed me with his elbow. I told my attorney so.
Mr. Preacott.

. _
lle•examtued : Have been a butcher for 24 years.
About fourteen year, Mr. Elba had or up before the
Magistrates for bad meat, and after • long examination
the case was dismissed. I did not say to Breton or any
one else that I had b 'tight a ilkew.ed cow. I showed
the surgeons the meat. Jones said, Stand on one •ide.
You are not goirg to take this meat away."
Henry Hill deposed : I am * butcher, residing at Old-
s sinford, and keel, ii atoll its Siourbridge market. I re-
ign-tuber ;ifith October, and saw Jones come into the
maiket. 'that was about half-past nine. 'there was a
butcher therd named Sharpe, whp went with nit to
Knowles's Titell. I sow Joiles come awl any something
to Kouw:es, and after eaw Mr. Stringer and Mr. Taylor
come. I heard Knowles *.y to those round. the eow was
beratibt at New Something was said I not hear.
anti this went and fetched Mr. tide. it'd Mr. (*.Torben.
I saw the meat. which ass very good indeed. At that
time Mr. Boy icy soil Jones was there. Stringer and Tay.
hr Caine. aidi I•oked at the meat, and said they hat better
,live w.ine doctois there. Knowles mil in die presence
of Join, and it.lyley that he was not allowed to sell his
meat becaw,e it was hid. Mr. Bayley asked me if there
was anything the matter with the meat. I said decidedly
n,it;it on gold enough for the King. Ino N Mr. Gil, a
ut up Iris eye elwir, and look at the meat, and turn it
ion ii. Ile saki they 100 l better leaye it to the trades.
men of the bun, Mr. Knowles etned by the atoll, and
ass Eel able to sell lais meet. hum, tile hatcher. vnis
then rdi Ihe examined the meat Pr. Giles
.1•11 me shoot the meat. I told bine it w.. see, I
indeed. Mr. tides then timid that s wa• int end to it, and
wok, d owsv. irons nine to hilt-pout nioe is the Id-st
time to sell the meat. Knowles could IBA sell his meat
in eollsequence of tlio.e round him.
cro,s.examined by Mr. Buddieston : Sergeant .Thnes
xi, 1,11 re first, front about live to ten Initiates. before
Sti ing. rand Taylor came. It wasthen that they fetched
Dr. tides. I now Mr. Bayley ibout a yard from the
block. Dr. Campbell said, '• Mr. Hill. you can tell
whether the meat is good or bad." I said, .• Yes ; the
meat is good." I did meet Dr. Campbell on the follow-
ing Sunday morning in the Hagley-road, Did not say
to him the bad meat was got out of the way before they
Came. .

On this question being premed witness said : I will
not swear, I did not tell Dr. Campbell the meat was bad.
At this point the witness asked the Judge to be allowed
to leave the Court as he was very unwell, and left for
some time; Mr. Hudilleston saying he did not object, aa
witness looked very ill.
• "

On coining into Court cross.examination was resumed:
Will not swear I did not tell Dr. Campbell the cow bad
the milk fever; can't recollect. Did not know the cow
died of milk fever. I saw Jones examining the meat.
Henry Rowe, examined by Mr. Ainslie, deposed: I am
a botcher, living is Stourbridge, rind keep a stall in the
market next to Knowles. Recollect the 30th October.
I saw Jones, Stringer, and Taylor come together. Did
not see them touch the meat, but saw Knowles pick a
piece up. Did not see them give orders to the policeman
la take it. There was a disturbance in the market, and
I went to my own stall. I after saw the surgeons come
up. Did not hear what they said.
Richard Ellis deposed : I have been a butcher in
Stow:bridge for more than forty years. Remember the
night the meat was brought. I was sent for the same
night. Mr. Stringer came and asked me to look at the
meat. I did 110, and said it was very good, and walked
away.
Wllliam Franks deposed: I live at OldswintirJ, and
work at Messrs. Bradley's ironworks. I remember the
30th of Octob.r, and went to Kuoiales'a stall. Saw
Jones, Bayley, and Campbell there. My wife asked for
a piece of meat. Knowles said be could not sell, as Jones
had stopped the sale of his meat for that night. I then
caught hold of a piece of beef. Jones said, "You caul
buy." I then walked away.
Charles Hickliu deposed: I am a moulder, and work
at Messrs. Bradley's work*, and am also a Parish-con-
stable. Was in the market when the meat in question
was discussed. I saw Mr. Bayley turn his eye towards
Knowles's stall. and walk on. Saw Jones there, and
when he was going to Hexeldine's he asked me to stand
by and have an eye upon the stall, to see the meat was
there. When lie came hack, I saw Mr. Stringer and Mr.
Taylor there. They came while Jones was away. Saw
them examine the meat, togethsr with Dr. Campbell and
Mr. Giles.

Cross-examined by Mr. Hoddleston : Jones did tell me
he had received information that there was bad meat in
the market, and that I should be wanted. Mr. Bayley
did not interfere, so far as I could see. I saw Mr. Ellis
come up, and he acid it was good meat. Taylor told
Knowles to go on selling the meat. Knowles said he
should not; those who had stopped him from selling may
sell it. Several persons fudged the weight of the meat,
and I should say it was about 70Ibs. I thought two or
three pieces looked rather dark.
Arthur lace deposed : I am a salesman, residing at
Birmingham. On the 29th October plaintiff came to
me fo: some meat, and I supplied him with some at 60
to 6ld per pound. The meat at that time was very
good.
This being the evidence for the plaintiff,

Mr. Hudaireton raised a technical objection, a hieh was
to the effect that the defendants—Stringer, Taylor, and
Jones—were absolved in law, inasmuch as they were
acting as officers of the Commissioners, and in perfect
bona fides.
Dr. Kenealy contended that no single member of the
body of Commissioner, was, or could be considered as
the local authority. The Commissioners must act us •
united body, or by their officers. In this instance Jame

00 not au mike, and that Dorrieutt had no authority to
appoint him as his deputy.
The Judge remerved this point.
. . . . .

Mr. Harrlrgte- n argued that toe action, so far as Jones
was concerned, failed upon the declaration, because there
we.. no proof of asporation.
This eras overruled by the Judge.
Mr. It uddleston then addressed the jury for his clients,
and said the action was brought not no much to put Mr.
Knowles'e character right, but for the purpose of putting
costs into Mr. Prescott's pocket. It waa very convenient
for counsel to say, If you will reimburse my client and
pay costs, and express regret, my client will be satisfied."
No doubt this waa said for Mr. Prescott to get back his
costs. If it win to put Knowles's character right, why
was not • letter written by the solicitor to say that he was
instructed to bring an action; and if an ad vertiserneut
was put into the °epee he should be satisfied? No ; that
wonld have defeated Mr. Prescott out of hie costs. and
thet was why it was not done. Whoever heard of an
action being brought without the solicitor first writing •
letter, explaining the case. In Stourbridge there was
an Improvement Board of Commissioners to protect the
health of the public, and to see that the laws and regu-
lations for that purpose were carried out; and tiuder the
Act the Commissioners had power to appoint an inspec-
tor to see that no diseased meat, fish, fowl, or other
thing. should be brought for sale. Stourbridge is not a
large place, having the benefits of ancient boroughs.
sow, Mr. Dorrieutt was ill, and the learned counsel had
said that Mr. Stringer and Mr. Taylor had been prowling
about in their nocturnal functions. He asked them if it
was not their duty to do what they did as public ollicera ?
He asked 'them if Mr. Stringer was not acting in the
most impartial manner to protect the town ? Mr. Taylor
(the clerk), Messrs. Campbell, titles, and Bayley did their
part in a mild way; and he contended that it was their
duty to do what they did if they had a bona fide reason
for protecting the public health.
The Judge : That will be for the jury to decide, whether
they were acting reasonably, and had a right to do it.
Mr. Huddleston : There are two powers given to un—
to inspect and examine. If the meat turned out good,
there was an end to it; if it is bad then we have to go to
the Justice. The Act gave the power to examine any
flesh, fowl, or fish, that is going to be gold in the market
in Stourbridge. If they had waited till Monday morning
that would have been no good. They had received infor-
mation that the diseased meat was going to be brought
for sale. They take prompt action, and what they did do
they did it honestly arid manfully ; and he should ask
the gentlemen he now had the honour of addressing to
protect Mr. Stringer in his duty, and from any solicitor
in Stourbridge. Now I shall call the Brierley Hill po-
liceman, who heard from a person named Wall, that bad
meat was to be brought into the market, and he told his
superintendent, who directed him to come to Stoarbridge
where he met Jones, and told him of it, The latter at
once went to Dorrieutt, who was ill, and directed Jones
to go to Stringer. Jones tells Stringer he had received
information that a cow had died, and that Knowles had
purchased it. On that, Mr. Stringer gave Jones a note
to take to Mr. Taylor' who went down the road and asked
for the assistance of Mr. Campbell and Mr. Giles. On
going into the market they found Mr. Bayley was there,
who did nothing : and concluded by saying that the ac-
tion was a malicious and wicked one.
. _ .

Mr. Harrington then aildr.e-s-se-d-lhe jury on behalf of
Jones, and contended that what Jones had done was no-
thing more than his duty. Even had be committed •
trespass, it was of the very slightest, and held that it
would have been impossible for him to have done what
he had been instructed to do, had he not committed what
had been technically termed a trespase.
For the ddence Sergeant Breton was called, and de-
posed: I am a sergeant of police, and reside at Brierley
Hill. Met a man named George Wall, and had some
conversation with him, and he said that a man named
Davis bad scow which died with milk fever, and that
'thomas Knowles was selling it in the Stourbridge mar-
ket. I believed that information to be true, and com-
municated it to my superintendent. who sent me to
Stourbridge, rhere I met Sergeant Jones in the street,
and told him of the information.

Cross•examined by Dr. Xenialy : Did not know the
man previous to getting the information. I enquired
about his character of • man named Thorpe.
Re.esamined : I told Jones that Wall was a wheel-
'Hight, living at Pensnett.
_ .

foliCe.sergearit Jones deposed : I am • Police•sergeant
living at Stourbridge• About nine o'clock on the night
of the 30th October, I met the last witness in Stour-
bridge. I after reported what he had maid to Mr. Dorri-
eutt, the Inspector, who said lie was very unwell, and
asheil me to go and see Mr. Stringer. I went and saw
him and reported the arse Lo him, and be gave men note
to take to Mr. Taylor, Clerk to the Comini.sioni•rs. I
saw hi ~ and he requested nie (ii go down to the market,
saying that he would follow me. At that time I hail not
seen Mr /3ayley. WAS in the market about five minutes
before Mears. Stringer and .faylor came. and pointed the
stall out to them. There were two kinds of beef—one
good, and die other in my opinion was bad. Some of
the pieces looked very data and bad. Mr. Taylor looked
at the meat, and said it was bad. Mr. Stringer and Mr.
Taylor weut away. I stayed for • short time. I told
Knowles he could not uell toe dark pieces of meat until
they bud been examined. Neither of them toothed the
meat, but merely made a remark. I was talking to my
superintendent when I saw Mr. Campbell and Mr. Giles,
both of whom went into the market. I followed them.
It is not true that I untied a bundle. Did not are one.
• . .

Croos-examioed by Dr. Keuralv Cannot say who is
going to pay my expen•es. I don't expect to pay them,
for I hove not got the tuoney—(laugliter). Witness here
reiterated the evidence given by Police•sergraut Breton,
and continued Have hew.) Knowles for seven! years.
I nave seen Knowles have seine very Lod meat 0•1 some
occasions. His character is well known for selling hid
In. 4. I now Mr. Toylor loy hold of two pieces id meat.
Did not see Mr. Stringer t. nett it. I I tid hold of two
pieces. Knowles was standing by, and picked up apiece
of meat. and asked if that w. bad. I after went away.
While at Knowlre'a stall did Dot see any perSoU C in.. to
buy. If there had beau, I anould have preverced them
buying the dark•coloured meat. Did not a. Rowele,
whets he had got the meat from. IVill swear he did not
point out Sharre to ine, and soy that he had bought it
with him. Did sot see Mr. Bayley by the atoll. Ile was
walking through the market, and aektd nit if I had seen
Mr. Stringer. I after saw five gentlemen come up. who
looked at the niewt. Did nut see Ur. tliles look at the
meat with YU ye•glinni.
. • .

Re examined.: tild not see Mr. Bayley take any pad
whatever. _ . _

- Edwin
Stringer deposed: I am an uplohlaterer and
pawnbroker. arid Chairman of the Board of Cominiashon..
err. Ou the evening of the Itthli October I saw the last
wririevr. .1 fle., between nine and ten o'cleek at hight.
Ile said it wan supposed there wan bad mat in the mar-
ket. aid informed rue of what the Erie:ley Ilia police.
matt hand told him. I then sent a note to Mr. Taylor,
ankiug hint t o come to are. Ile said he would come di-
rr etly. I sent Jones dowa to Use market. in my capacity
of Chairman of the Comraissioners, w.th the bona tile
intenti iii it areertainii.g if the m, at was bad. Mr. Tay.
lor Irlt met., go to Mr. Bayley to get hi, advice. He MIS
not in. I after saw Dr. Csruplell and Dr. Giles, and
requested them tn g.l wth me to give their opirjou as to
the meat being bad. They had no interest in giving
their opinion. I went with Mr. Taylor. Dr. Campbell.
and Dr. Oen. mud lo..keiluit the meat. I did nut touch
the meat. The two surgeons did not give ain opinion. I
.ii.i not like the limbs of tar meat, and it was suAgented
that a loutch,r abou!.t ire rent for. and Haz •Idine was ac-
cordingly %tot fOr, bat he dnl nut e,noe. Elba WOE sent
fir. awl tier ...... innieed it good. I suggested that a rec-
tor.' awl third pent in shou:d give en and Ciey
tooth Wail it Wis good. I then said se hal no wish trio
Kieowlr, any injihy. but merely to put him right. I was
of the opint,n that I wan at that time gloosig my duty. as
the polieemau had said the inspector War ill. Did not
nee Mr. Bayley ther.e.

•
Crossei ~sunned by Dr. Kencaly : I have reason to
think the money for the defence will come out if the
rates. I was present when a buns of money was voted
for the lawyer to carry on the action. There are byedaws
pointing out the duties of inspectors. When I heard the
inspector was ill 1 thought it my duty to interfere. I
sent for the clerk no as not to leap in the dark—(laugh.
ter). The medical men will get nothing for inspecting
the meat. I was aware that Jones was keeping guard
over the meat. Did not know he was preventing the sale
of the meat. Do not believe I touched the meat. I
gave no directions, but brought the medical me to exam-
ine the meat. Did not hear Knowles say he would make
me pay for it. The medical men did not pronounce
an opinion, but suggested that some respectable butcher
should see it. Some butchers did see it, and said it was
good. I did suggest another butcher should see it sum
to put Knowles right with the public. I did all I could.
I do think the Commissioners would have Settled the
case with plaintiff before them in the ordinary way.
Re.eramined : Did not know anything of proceedings
being taken until the following week when I was served
with a writ, together with other gentlemen. Did not
have any notice previous to the writ.
J.lm Taylor, examined by Mr. Griffiths, deposed : Tam
Cleik to the Commissioners. On the 30th of October
I received a note from Mr. Stringer about the meat, and
what Mr. Stringer has said is true. Never saw Mr. Bay.
ley the whole of the night. Tried to find him, but could
not. . _ _

Cross.examined by Dr. Kenealy : I went to look at the
meat, and, if bad, to prevent Knowles from selling it.
It was all arranged what to do before we went, I was
clerk at the time Dorricutt was appointed.
Mr. Harrington maid he should object to that question,
as it did not matter in this action whether he was or
not. .

Dr. Kelm&ly said he was going to show that Dorricutt
had no right to appoint a deputy.
The Judge said a deputy could not appoint a deputy.
Dr. Kenealy said Dorricutt Was appointed under the
old Act, and since the new Act he had never been re-
appointed.
The Judge to Dr. Kenealy : You mean to say the
meeting was not properly convened.
Dr. Kenealy : I do, my Lord. It is necessary to give
three days' notice to call the meeting, and that was not
done.

cross.exaniination continued: A meeting was
called, and a technical objection was raised. Ths notice
was five_ on the church door. The objection was that
the notice was not fixed on the Public Office door. That
notice was given by Peter Chance.
Dr. Kemal), here read the Act.
Mr. Taylor said the notice was pat into the Public
Office window, adjoining the Public Office. Dorricutt
was appointed on the 18th of April, at the adjourned
meeting, and has acted ever since. Nothing was said
about Mr. Sharpe in my hearing. Do not know him.
Re•examined by Mr. fluddleston : Dorricutt acted
under the old Act, and has acted under the new Act.
Joseph Dorricutt said he acted as inspectr under the
old Act, and has held the office ever since. Was unwell
on the 30th of October. Saw Jones and directed him to
several persons. Did not direct him to do anything beyond
that.

Dr. Campbell, examined by Mr. Griffith., sail: On
the night of the 30th October I was requested to go to
the market and examine some meat, by the directions of
Mr. Stringer and Mr. Taylor. Saw the meat. Thought
some of the meat very good. Other parta, thought they
were dark. Some butcher was gent for. and I went away.
Mr. Bayley did not take any part in it. Saw him in the
market. I met the witness (Hill) the following morning
and spoke to him about the meat.
. . .

r .
Cross-examined by Dr. Kenealy : I do not profreg to
know much about meat—(laughter). I certainly did not
expect to have an action brought against ni• for what I

Mr. Giles, eurgeon, examined by Mr. Fluddleston,
said : That be went with Dr. Campbell to see the meat.
Saw it. Did not use a gime. Did not give an opinion
about it. Dr. Campbell suggeeted that some butcher
shook* be called in, and I assented. Did not see Mr.
Bayley there.
Robert Luther Bayley, surgeon, examined by Mt. Grif-
fiths, said: From • message left at his house be went to
the market, and heard a rumour to the effect that there
• wan bad meat in the market. I went by the stall, cast
my eye upon it, and walked away. Did not take any part
lin the investigation. Saw Meseta. Taylor and Stringer,
Dr. Campbell and Dr. Giles there.
Croas•examined by Dr. Kenealy : Stood about five or
ten minutes in the market. Spoke to Hill about the meat
and asked him if it was good. He .aid it waft. This was
before the others had examined it. Saw Knoeles, and
h. new me.

Mr .Huddleston then replied on the evidence, and asked
thc jury if they had ever before under their notice such
a scandalous action as that brnught against Mr. Bayley.
There was no evidence whatever against him; and asked
the jury to give a verdict for the three medical gentle.
tinis. As regards the trespass, if the jury thoughe there
C:. trespass against the other defendants he should ask
them to give the least coin of the realm they could, viz.,
lia!l-a.farthing, which he believed they would be justified
in doing—(laughter).
3he Judge: In half.a-farthing a current Coin? I do
no, think I could take that verdict.
Mr. Huddleston : I thought when the tiovernment
economically decided to abolish the office of master of
the mint, they decided to make half farthings current.
However, I hope the jury will give a farthing, so that
Mr. Prescott may wear it round his neck as a memento.
The Judge : the time is now arrived about the three
surgeons....

3lr. Huddleston here addressed the jury at some length
contending that there was no evidence against them, and
said that had not Mr. Stringer gone down to the market
after hearing the information he did hear, he would not
have been discharging his duty. The information came
from Brierley Hill. Dorricutt was ill. Jones came to
Stringer, who sends for Taylor, and they go after two
medical men. Now,! ask you, had they not reasonable
grounds for doing what they did do? Ido not think it
necessary to say more. The learned Judge will point
out the questions for your consideration; and I hope you
will give a verdict for the defendants. . . .

Kenealy then replied-O-U-iii7Whole case, and asked
the jury not to be led away by the clap-trep they had
heard. The question was, whether a wrong had been done
to Mr. Knowles, by stopping him from selling his meat.
and he should ask the jury to be just to his client, and
appealed to them not to give a verdict against him be-
cause Mr. Prescott brought the case into Court. Mr.
Prescott has had his misfortunes and failings, and has
suffered for them; and it appeared to him to be unjust to
toy to influence the minds of the jury because Mr. Pres-
cott was the solicitor. Dr. Kenealy then went through
the evidence, asked why Sharpe and Thorpe were not
present. No doubt they could throw some light upon it,
but they were kept back ; and said the way defendants
had gone about it was wrong. They might have made an
etamination previous to doing what they did do; and
concluded by asking the jury to give plaintiff substantial
damages.

The Judge then proceeded to sum up, and said the
question was one that involved a good deal of law, and
was important. In order to have all the acts and points
settled, and prevent future litigation, I shall ask you to
answer each question I shah put before you. The Judge
then read the section of the Nuisances Removal Act, and
explained the powers provided. The question was, had
the defendants reasonable grounds for supposing that bad
meat was its the market, and hail they had reasonable
information upon which they ought to have acted ? He
c,,uld not see any reasonable grounds for including the
three medical gentlemen. If they went down with the
other defendants, they were properly included as treepas-
sers. If six men go down in common to seize, and one
°lay seizes, it is the set of all. Now Stringer, Taylor,
and Jones went down to seize, if necessary; but the
medical meu went down merely to give an opinion, that
would not he trespassinz. The Judge then referred to
the evidence of plaintiff', witnesses, and afterwards to
that of defendants. The next question was did they act
bona tide, and had they reasonable grounds so as to jus-
tify Mr. Stringer in going down to examine the meat?
As to the time, that was not doubted, but it was late.
Defendants were required to net promptly, and the infor.
matiou came from liteton. Yon must satisfy yourselves
that Stringer, Taylor and Jones ,had reasonable grounds
to examine the meat. Next, do you think that Mr.
Stringer thought it his duty to do what he did do, and
did Tajlor and Jones think so too. Dorrientt desired
Jones to act for him; that seems to be true. He having
done so, Jones ought to be the least culpable to pay.
But, the Judge explained, that in an action against several
any one was liable for the whole amount, and, therefore,
the least culpable as to the extent of damages. If you
give damages for the trespass, you must not take into
consideration the injury to credit. The meat could not
be sold that night. The Judge said he had written down
some questions, and he should ask them to give their
answers separate.

The paper way then handed to the jary. who retired
at 25 minutea to six o'clock, and did not agree until five
minutes past eight.
. „ . _ .

bei'ng a•k-ed if they had all agreed, the Foreman
said Yee," and handed the Judge a paper. ilia Lord.
ship read an follows: •

14 --Have any of the defeutlants committed any
trespasa. aud hich
. .

- - ---
Aos.—Casupell, Giles, and Bayley did not commit a
trespass. Stringer, Taylor, and Jones did
2nd Q —Did Stringer, Taylor. and Jones go to the
plaintiff's stall solely to examine the meat, and bee
whether it wax fit for human food
-I —lra. -

3rd Q —Heil they reasonable grounds for so doiog ?
A.—Yes.
dth Q.—Did tbey do more than was nereloery for ex-
aminiug the west?
A.—No.

_
6th Q.—Did Stringer believe he had reasonable
grounds for believing that his duty required him to set
is the wsy he did; sod did Taylor and Junn bung f file act
is aid of Stringer?

A —Yes.
6th Q Dotrieutt authorise Jones to set for him?
7M (J.—Amount of damages ?

Justice Lal,: That i 4 a verdict for defendants. I
shall give leave to the platettlf to wove to have the ver-
dict entered for loin. If no notiee of action is riquired
by the acts. nor if neither can ju,tify unik I the acts, the
rine4don whether Jones could act for Dorricuit, is a point
of law for the Court. Th.: question of e oats is reserved
until after the decision of the Court.

case occupied the Court from ten ohloek in the
ruar.lin until 825 anl 0)03 nil nt y WAS the only else
taken that day.