The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1871-11-25 00:00:00

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WEDNESDAY.

Marson v. Hill.—Before Louisle Warren, Esq., De-
puty-Judge, this was an action to recover the sum of Alti
Ws, the value of an iu.age alleged to have been damaged
by.the defendant. .

,
Mr. Perry appeared for plaintiff, and Mr. Barbury fur
the defendant.

Mr. Perry, in opening, said 'that the plaintiff did lire
at the Vauxhall, and Lad tea gardens adjoining thereto
He possessed • considerable amonutof artistic skill, and
had a number of images in his garden. On one oniasion
there was a party there, and the defendant was seen by
platntilra son to break the hand of one of the images,
rendering it valueles4, and the present action was to re-
cover the value. There was a cross action against the
defendant for injuring a coat of Hill's, which would an,
be heard.

I.aac Marson said : Id September I kept the Vautlial,
which has a dancing green attached to it. I ale.
make images and ra-re. The one broken is. Mandolin,
and was worth 10.. In London they are worth CU.
On the 4th September my ton c,aue to me and pointed
the defendant out as the man who had broken my Sim,
I told defendant of it, end caught hold of him. I tola
defendant I ahoold have hini taken to the lock•up.
defendant raid, Whitt for : breaking a jug?" In t,
etruggle defendant's coat was tors. I did uat do it.
. .

. -
Cruas-exarnitied : I was quite sober. It wa. a pet feet
image before defentlaut broke it. I dii not tear defend.
auto ;coat ; it was loin by the crowd. Defeudant aid
hive tue before the Magistrates, and I was th.o.d.
Magistratee told the defendant to sue me in the Comity
Court.

William Marion, in.n of plaintiff, said : Defendan:
ordered a pint .4 ale (Uhl ran down the green, and I ra.
after him. I saw the defendant ha one of the inin4e,
ad it broke off a piece 11 the banjo. I asked defend.
out why he did it. Defendant said he had not done it.
and he threatened to break my head. I afterwards told
my father, who caught hold of defendant, and wanted v.
take him off the green.

William Wooldridge said he heard the last witness tell
his father that defendant had broken the image.
Mr. Burbury, for the defence, eaid the charge was ii-
ceisive for the image, bat he should prove that the de
Umlaut, was not the man who broke the bulge, and a:
time the image waa broken Hill wag dancing in the she •
with his site.

George Hill sam : On the 4th September I was at
Vauxhall. I did not break the image, and what yonv
Manion has said is false. Isaac Marion came up and said
I had broken the 1m g., and began to pull in. about, an
tore my coat. I toil him I had not broken the image
Plaintiff said there as 5s damage done. Mrs Mont,s
Caine up at the time, and said it was 20s damage. I
afterwards 'amnion.' defendant for assaulting me, and
defendant was fined, and the Magistrates told him he was
not fit to keeps public-house. The damage done to tny
coat is £2 ss.

Elizabeth 'Jones proved that she was at Vauxhall,
the night in question. Saw 11111 there, dancing. Ma—
son came up while the defendant was. lighting a piece 01
paper, and pulled tam about like a dog, and tore to,
coat.

Thomas Goodhead, Samuel Bache, and Sergeant Jonip
also gave evidence for th• defence.
Mr. Perry addressed his Honour for the defence in th•
cross.action, and Mr. Burbury replied.
His Honour summed up, and soid the amount of th -
damage done to the ineige hod not been disputed, siol
the plaintiff had sworn the value was ion, and he
should in a verdict for plaintiff. As regards the dam-
age dune to the coat. it is • diflioult thing to decidi
there was no doubt Muse!, was in liquor; but he had a
right to put him off the green if he thought proper, rind
it had not been proveil that he bad mood mire violenec
than necessary. It oia guile possible that the coat might
have been torn by his z.ialous friends in pulling him from
Maroon, and he must give a verdict for the defendant in
the second ease,

APPLICATION FOR New TRIAL.—Mr. Elena made an
application in the case of " Dunn r. Lane," for a new
trial, on the grounds that the verdict given by the jury at
the last Court day was against the weight of evidence,
and that the £1 5A paid for tuition only formed part of •
quarter. Mr. Homer, who appeared for Lane, opposed
the application, but the Judge granted it

RUNNING DOWN CASE.—Richard Smith Casson v
Edward Russell.—This was an action to recover the NOM
of £6, for damage don, to plaintiffs carriage through
the defend•at'a •ilegroi furious driving.
Mr. Homfrey app,red for the plaintiff, sad Mr. Peri y
for defendant.. .

George Perrin' said that he is in the employ of th
Earl of Dudley. On the 2nd October be was riding i
the plaintiff's carriage from Brierley Hill to Hound Oak
Works. Plaintiff's servant was driving. When opposite
the Saracen's Head he saw the defendant and another
man racing as fast as they mould. The defendant ran
into the carriage, whirls knocked the top part of it off,
broke the lamp, doubled up the dashboard, and injured
the traces. lb. eff•et was that the horse ran away.
'th gefei.dant was thrown off kin
- -

ir. .ok, r. Milli that he saw the de.

1, non Intl pi s carriage, Defendant was
thrown off his horee, an! e ,ine nee gave him is leg on
again, and he drove away lie earn two men driving eta
fast rate. _

Wa,ley raid be 111 r the accident take place.
and fifty yard., before taec.,l,-tit took place. He can-
,ned the defendant, telling him would get locked up
if he drove like that. _

Jame. Bullock, servsut to the plaintiff, mid he was
driving the carriage on the day in He saw the
defendant and another man racing along the rJed. The
defendant ran into the carriage, and the other man was a
, little before the defendant, and passed between him and
the foot.road. The carriage WY much injured, and also
the Irwin.