The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1869-03-13 00:00:00

EXTRAORDINARY CASE OF DF.MOLISIIING A
ROUSE AT COLLEY GATE.

At the Police Court, held on Saturday last, at Stour-
bridge, before H. 0. Firmstooe, Esq., Charles Grove,
carter, residing at Colley Gate, WAN charged with having,
on the tat end 2nd instant, wilfully and maliciously de-
molished a house and premises, to which he Was tenant
at will. Mr. Homer appeared to prosecute, and Mr.
Holberton for the prisoner.
Mr. Homer, in opening the case. said that the prose-
cutor was Mr. Isaae Parkes Bloomer, builder, residing in
Cradley. On the 20th September, 1866, the prisoner
bought apiece of laud for £44. Some time after that he
winted to build a hou.e, and applied to Mr. Bloomer, who
after found a person to adveace the money for him. The
contract for building was to be £l.eo, and Mr Thomas
Attelood, jdn., was to advance £l2O. A mortgage was
giVen (0 5,05 for the aremunt, signed on the one pert by
Charles Grove, Mid en the other part by Thomas Att.
wool, jun. The prisoner being unable to pay Bloomer
the balance of hie contract, gave him a second mortgage
fot' Chet Hailing!, Which Was £3l. Attwood wanted his
money, and cored it in, and Uri mortgage was transferred
to Bloomer. who afterwards soil it to lernmanuel Roper
for £l7O. Prisoner acquiesced in all that wee done. and
'^ satisfied. Notice led been
appeared to be nerree—,' bemire. He
served upon the prisoner to ge, out or
refused, and an order of ejectment was afterwards oars....
upon him, when prisoner said he be d--d if he would
not pull the hooey down before he left. and that be had
been advised by his solicitor to pat a barrel of gunpowder
under it, and blow it up. He remonstrated with him,
but on the above date prisoner beg in to unroof the pig.
stye, took out a number of windows, tonic out the doors,
and injured the brickwork. Mr. Homer then cited a
number of eases to emote that defendant had no right
there, and that he we, only a tenant-at-will of the mort-
gape after the time stated in the deed for the payment
I of the money had passed.
1 Isaac Parkes Bloomer deposed lam the prosecutor
in this case, and am a builder, residing at Credley. In
the year 1167 I built a house for the prisoner. The
contract Wag £l5O. I got a person to advance the prise,
uer £l2O, and was present when the deed produced was
read over to him, and signed. There was a inilenee of
£3O due to me. I asked the prisoner for a second Inert.
gage to receive the balance due to me, and was present
on the 20th of Mrs', when the prisoner signed a second
Ortnga thee
f
mortgage to me for Y3O, and £4 for expenses of the
mortgage. The property consisted of land and outbuild-
ingst y
at Colley
took up
pte ,t
the first
.n
y .olr9tAhttowf oJanuary
l
paid £l2O 15s 01. In August last I inetructed my soli-
citor to give Grove notice. The contract not being ful-
filled. I agreed to sell it ti Mr. Emmanuel Roper for
£l7O, which was the value of it. On March the lit, I
went to look at the premises, and found the frames and
windows taken out, the brickwork injured, gird the pig.
stye unroofed. Os the 2ed inst I SAW the prisoner and
his wife taking the beickwork out that held in the door.
ease and window frames. He was using u hummer and
chisel. The lower windows in front and front doorcase
were taken out and put in a cart, and taken away. The
prisoner'. fi,lll ,lrove the horse and cart. Prisoner WAS
eteneine by the horse at the time. The brickwork was
meeli injured.
Cross-examined : Oil hear the deeds read over to the
prieoner, ant explained ti him. Heard every word read
over to him, and his male hit mark. Mr. Honaray made
I the writing; for the prie slier for the laud. I got £l5O
for him. 'There was no agreement to take wit the re-
mainder of the money in Latrine,. I del employ priso-
ner in hauling to the amount of £l2. Did not turn him
off. Prisoner refused to de any more work. Hive riot
filed a bill in Chaucery againet the prisoner. Have not
demanded rent from the priveaer, nor offered £lO to him
within the last few day:: ueither ti we I instructed any
one else to give hint rumey. I did go from Attwool,
the younger, to Attwood, the elder, •bout the transfer.
Did not speak to the prisoner about it; but got the
transfer. Have not paid fir it yet. I paid Mr. Attwood
£l2O, which well all that wee due.
Re-examined 'Sir. Homfrey has made several applica-
tions to me to setae it.
Mr. Homer, solicitor, then proved tbat the deeds dated
May 1. 1867, May 20, 1857, and May le, 1e69, wore tee'
noted by Iran, and that he read them over to the prem.
ner•
Thomas Attwood, join., said he advanced the prisoner
£l2O, on the property. and was present when the deed
was read over to the priu,ner.
Emmanuel Roper, of Colley Gate, said he lived oppo-
site the prisoner. On the 25th of September bat he en-
tered into a ecertraet to purchase the prisoner's property,
and was to give £l7O for it. Had some conversation
with the pi isoner about it. who eaid he was perfectly sat-
isfied, and glad that he (witness) had bought it. Some
time after the prisoner came to him, and treated him
with a qo ot of ale. W.tuess then relred the priermer
etout giv,ng up posseeshm. lie said he should be able
ti gee up poeseseieu in about a week's time. Witness
toll him to take the key ti Mr. Homer's, and he would
par him. Prisoner also told witness be hal been
looking for a house. On Tuesday last he 'raw the pri-
soner knoeking the doorcase out.
Cress•exen,ined : Did not contract with Grove for the
purchase of the honer. Koew Grove wee the owner.
Re-examined : I knew Mr. Bloomer had a mortgage
upon it.
Richard Stevens, carter, residing at Colley Gate, said
that on Sunday last he saw the 'witty:ler on the pigstye,
pulling the timber off end unroofing it.
Emily Stevens also gave corrob Irative evidence.
Police-constable Hutchings said that he met the priso-
n, r about the middle of February. who said, " Hallo.
Hutchings, lam germ; to tell You a secret. lam going
to fetch every b door ant -window out of the Melee ;
hut I shall do it by daylight '' When the warrant was
served prisoner said ti his wile "Never mind my wench,
go on pulling it down."
Hr. Homer said th it was his ease.
Mr. Hobert-sit then aderessed the Bench for the pri-
soner. Ile did not deny that the budging had been in-
jured, but contended that a mortgagee was in quite a
different position from that of a tenant:et-will, amid cited
a number of cases bearing upon the point; arid went on
to show that he wee a tenant on aufferavee.
Mr. Firmet.ll3 e then retired frost the Bench for a short
time. On returning be said the ease was a very serious
one. A good mane authorities had been quoted, arid lie
ehould like to take time te consider the case; and would
give his decision on Nowise, at Brierley Hill. The nave
was then edjeurned, amid was re-called at Brierley Hill,
on Monday last.
Ur. Bloomer re.cella t The ettent of the damage
done on the 2nd t,f March was from £5 to £6. Thetotal
damage done to the property was £5O, or more.
'due prisoner was then charged under the Slat section.
Mr. Helherton complained that it was token under
snottier section. He wae of opiaion they came here to-
day (Monday) for judgment, the case huving been folly
argued on Saturday; and Should ask for a remand as he
was taken by surprise.
Mr. King said it was the same ease, and he could ex-
amine Mr. Bloomer antis the amount of damage.
Mr. Bloomer cross, examined: The original contract
to build the house Was £l5O, and it was mortgaged to
Mr. Attwood, the younger. I had my money except £3O.
Did not agree to take out that amount in haulage, but
said I would give him some work. He did £ll odd worth
of work. I paid id for the tiro deeds for the prisoner,
at hie own request. The first deed cost £2, and the two
deeds £l. 1 did not tell my solicitor to cell the building
by private contract.
Re-examined : The land of Groves cost £lO. Priso-
ner paid £e2. I found the difference to pay for the land
bet took the amount out in haulage.
Mr. Holherton addressed the Bench for the defence
under the slst section. and contended that the 13th sec-
tion superseded the 51st section, and until a foreclosure
had taken place it was the prisoner's property, and he
was at the time under the belief that he could have done
what he liked with it. Prosecutor might have gone to
the County Court, and there prevented by him by an
injuuction; but they bad brought an ejectment spinet
his client at Worcester, while he was a prisoner, and
brought this charge against him. He should ask the
Bench to discharge him.
Mr. Homer replied ; after which William Kendrick
was called, and said he lived at Colley Crate. lie knew
Bloomer and 0 roves, and kept the accounts for Groves,
because he was no scholar. The accounts Produced are
the same; and witness went on to give an account of the
haulage. which was objected to by Mr. Homer.
Mr. Firtustoue said this ease appears to me to be every
serious one, and one of considerable importance. The
case bad been well argued on both sides, many authori-
ties being emoted; mid it trepeared to him to be a gum
tion as to whether the prisoner was a tenautmt-will, or
by sufferance. He should send the ease for a jury to de-
cide at the next Worcester Sessions, but would take bail
for the prisoner—himself in £5O, and two eurnties in
£25 each.
Mr. Homer said he did not wish to press the case
against the prisoner, and was willing the matter should
be settled ; and if he would givb up possesion, he should
be satisfied.
Mr. Holberton said he could not agree to that, and
should bring an action against Bloomer for false intpri.
sennient.
Mr. Firmstone asked Mr. Holberton if be would give
his undertaking that his client should do no more injury
to the property.
Mr. Honer u Prisoner says that his solicitor recom-
mended him to blow up the house with a barrel of gun-
powder.
Mr. Holberton refused to do so, after these remarks.
The prisoner, on being asked not to interfere with the
property again, promised not to do so.