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

TEE STOrRITCPCI C PFFI' kJ.

.yhether there was any money in now or not. and
• 4-, Int,l Le% er I'll any bank book. He knew she
mid some money in it, but. not how much. When
she went to live with him she only took an old
chair with her. At first she lived downstairs
during the daytime, but his wife afterwards had
her removed upstairs, but he could not give any
reason for it. Jost before she was found burn-
ing he spoke to her from the room underneath
where she was, and told her that she would have
3 nice dinner. He could not say what time it
was, or how long before dinner-time. He heard
her fall, and came down again shouting, "Fire,"
and "murder." and he became very much exci-
ted. Since then he had not made any examina-
tion *lib the view of ascertaining how the
deceased caught fire. He had not formed any
opinion on the matter, and could not give the
slightest idea..

in reply to the Foreman, be said that it was
her usual habit of calling out for her meals.
Simeon Dunn, a neighbour, said that lie was
passing the White Horse about twenty minutes
past one o'clock on the day of the fire, when he
distinctly saw flame and smoke through a bed-
room window. The smoke was coming out of a
broken pane of glass. He ran into the house
and upstairs, when ha found several persons on
the lauding, amongst them Charles Morton and
Richard Tilley. The bed-room door was open,
and he asked them why they did not go in, but
they gave no answer. He put his muffler round
his mouth and went into the room, which was
filled with smoke, and he was obliged to return
on account of smoke and heat. He saw some-
thing on the floor like a glowing fire. After
being given a bag to put o:er his head, and told
that the old woman was most likely on the bed,
he went into the room again to feel for the bed.
He had some difficulty in finding it, but when
lie found it he dragged the lot oil the bedsteads,
if they might be called snch, and rolled the bed-
ding down the stairs. He then got some water
anithrew about the room, and afterwards went
on his bands and knees to feel for the deceased.
He put his right hand on her face, which was
not three feet from the fire, and his left on the
grate. She was lying on her back, and for all
lie knew her feet might have been in the grate.
lie dragged her to the room door. She was quite
dead. He took hold of her two legs and turned
her over, when he kicked some rags, which were
on tire, from her back. He afterwards looked
:ffiout the room, and in the closet, but found no
i'tubers, nor any traces of where the fire had
broken out. The grate was full of coal which
was only partially burnt. He saw the three
bricks iu front of the fire, and ashes might have
easily fallen over theni. He afterwards went in
search of John Morton and his wife, and found
them both in the closet down the yard. He
,isked them to conic out, when Mrs. Morton said,
" Oh, my dear John, I think it will kill you."
Lie seemed unnerved, and made is moaning noise.
Mrs. Morton inquired from witness whether the
old lady was dead, and he replied that she was.
She then said, " Thank God • she will not be in
misery." He understood by that, that she would
rather hear the old lady was dead than to be
burnt, to die afterwards. Witness said that he
considered, from the extent of the injuries to
the deceased, and the burning of her clothes,
that the fire must have been on at least an hour
before he got there. He saw no coat in the
room, and he thought that it was not there, or
he should have seen it.

The Coroner complimented this witness upon
the great courage ho had displayed, and the re•
workable wanner in which he worked.

Dr. Bayley was re-called, and said that he had
made a post-nwriem examination of the body.
He had seen nothing to cause him to change his
opinion as to some of the burns being produced
during life. He found no external injuries be-
side the burns, and no bones were broken. The
brain was very much congested, and there was
some effusion in the membranes. The heart was
permanently enlarged, but otherwise healthy.
The lungs were highly congested. The stomach
contained a quantity of fluid, which very much
resembled thick gruel, with some bread partially
digested, which showed that :she had some food
uo great tune before her death. He tested the
conteiits of the stomach, but there was not the
least trace or indication of any poison. He con-
sidered death had been caused by burning and
suffocation combined.

In reply to questions by the Foreman, he said
that it was possible for life to be continued for a
short thee with the amount of congestion found
in the deceased. He thought it would take from
half to three-quarters of an hour to have caused
the congestion, supposing it had been brought
about by the smoke, and she would have had
plenty of time to cry out before suffocation took
place. _

George Crumpton was next called. He said
that he was at the house where decemed was
burnt about one o'clock. Whilst talking with
Mr. and Mrs. Morton in the cooking kitchen, he
heard a jumbling noise overhead, when Mrs.
Morton ran upstairs and came down crying
" Fire." Mr. Morton went upstairs and came
down exhausted.

The Coroner called the attention of the wit-
ness to the fact that Morton had stated he did
not go upstairs, but witness was certain he eta
him come down, lie said that he did not be:n-
ervy conversation between the deceased her son
Lind his wife.

Iu reply to further questions, witness said it
WM about one o'clock, but he could not say the
exact time.

'rue Coroner remarked that they were all
brad Ad to time, every witmss differed.
Mr. SupoilAmdent Freeman expressed his
desire for another adjournment to make further
enquiries.

The Coroner agreed with Mr. Freeman, as he
thought it would take a long time for the fire to
get to the extent they had heard described, end
he was very umeli disposed to :take the opinion
of Dunn, who stated that it would take an hour.
It was a serious case, and one not to be passed
lightly over. The evidence was very conflicting,
e,pecially fid a former witness bad stated they
held a conversation with deceased, when only 10
minuted before she was heard to fall.

'rho inquest was then further adjourned until
Tuesday, December sth.

CHIMNEY ON:FIRE.—At the Police Court, yes-
terday, before Major Fletcher and R. L. Freer,
Esq., Isaac Maroon, of the Vauxhall Inn, was
summoned for having his chimney on fire, on
the 21st inst. P.C. Rea proved the case. Or-
dered to pay 9s 6d costs.
OBSENE LANGUAGE.—EIijah Dewier was
charged with using obsene language, on the 20th
inst. P.C. 11,avan proved that he was on duty
ia Coventry :.-trcet. He heard the defendant
making use of wry filthy and obsene language.
The case was adjourned.
BEERHOUBE Ac..--Arthur Perks was charged
with being in John Gordon's house, on the 12th
last, during prohibited hours. P.S. Jones nr0,,..1
,,..1 the case. Defendant was fined Is and
,osts.

Mr. E. Candi, conclibuilder, was called to prove the in•
juries done to the carri..ge, which was broken. He had
.•harged £3 10s. for the repairs and the hire of a car-
riage, while plaintifra woe being repair, d. The hire

would be abotit 10s. .
Mr. Perry addressed his Honour for the defenceland
contended that the plaintiffs servant contributed to the
accident, and that he, in fact, was the real culprit. The
•tervant, seeing the defendant driving at a furious rate,
ought to have pulled up, which he might have done, and
as prevented the accident.
At this stage, the case was adjourned till the following
morning, when it was again called on.
Samuel Evans, coachbuilder, said he had been called
in to examine the carriage in givstion. The injuries
were pointed out to him, and he considered that £.2 Is
was a fair price for the repairs done; that would be at
the rate of 15s per day.
This witness was cross-examined at some length as to
his knowledge of coachbuilding, witness admitting that
he had only made one carriage during the last five years,
arid that he made principally Whitechapel carts.
Edward Russell said he was a stock taker. On the
above date he was returning from Dudley riding on horse-
heck. Was sober at the time. Was not racing. At a
poblic•liouse he met a man named &riven, who was sin
hg before him. and had passed • cart DM yards before
lie first saw the carriage behind a cart. Was
travelling at the rate of el: miles an hour. The horse
wm on the trot. When within eight or ten feet of the

edrt he saw the carriage. The driver attempted to p.m,
the cart, and he caught against the carriage, which threw

-
him off his horse. lie considered e carriage in at.
tempting to pass the cart, ran into him, and was the cause
of the acaident.
William Bradley, labourer, said that he saw the colli•
don take place between plaintiff a carriage and defend:
aliC4 horse. He mw a cart, but did not see the carriage
until it came from behind the cart. Was about ten yards
otr when the accident happened. Ile considered the ac-
cident happened through Cannon's driver comino a sweep
from behind the carriage, running into the defendant,
and throwing him off his horse. While he wee off his
horse thi• driver turned round, looked at the defendant,
laughed, and drove away. The defendant was not racing
at the time. Another man was more titan a hundred
yards away. I helped defendant on his horse, and he
went away on a walk.
Alfred Mimreriift, a carter. said that he saw the plain-
till's carriage behind his cart The driver took a sweep
of four or five yards, and run into Russell. They were
all three abreast. Defendant was thrown oft his horse.
Ile was afterwards helped on and rode away.
His Honour summed up, and said he must find a ver-
dict for plaintiff for .E 3 ss.
Mr. Perry made an application for a new trial, which
was refused.

Southall v. Millu'arcl.—This was an action brought by
Isaschar Southall, carter, of the Lye Waste, to recover
the sum of £1 5s Oil, balaace of account, from Henry
MlHazard, builder, of the Delph, Brierley Hill.—Mr,
Homer appeared for plaintiff, and Mr. Addison for the
defendant.—Afti r hearing a number of witnesses for the
plaintiff, and the evidence of defendant, his Honour gave
a verdict for plaintiff.

Britton v. Tovainv.—This was an action brought by
George Britton, of Stawber lill, to recover the bum of
£42 lo sd, of George Toinkins, of Hagley. There was
ASO a set-off by the defendant for the sum of £Ol lb.
Mr. Hornfray appeared for the plaintiff, and Mr. Clolow
for defendant.

Mr. Humfray, in opening, said that the plaintiff was
executor to the late James Britton, who did reside at
Stamber Mill, and eau a deals rin nails. Defendant was
in the habit of acting aconetirnes as an attorney, and
undertook to collect the out standing accounts, stating
that he had nothing to do, and that it would find enis
p:oyment for himself and nephew, and that he wanted to
get into the nail trade, and this would be a good oppor.
malty for him to get into the trade. That, so far, was
reasonable. Defendant was to collect the various monies,
and pay fees at the various Courts, to recover accounts.
There was too much probate duty paid. and the defend-
ant, in trying to get it back, went to Lor.don, acting as
an attorney, and for that journey to London defendant
had chargail t',3o, which was part of the set-off. If the
defendant hod gone to the Stamp Office. got a form, and
made the Usual affidavit, before Mr. Harward, or some
other gentleman duly appointed, that amount would have
been saved. Defendant had been paid for the work
dune, and there was a considerable sum due to his client.
Plaintiff said that he was the executor of filo brother.
the hits James Britton. When he died he had some out.
standing debts to collect. In January, IVO, he was with
too defendant's brother. He saw the defendant at the
time, and offered to let him collect the debts, thinking of
doing bias a favour, as he wanted to see the country. He
said he was tired of doing nothing, and he let him col-
let them with the understanding that the defendant
would have the business of the nail trade. The defend-
ant went his first journey in January, and said he bad
collected £6, which witness had not received.

- , ...
A number of figures were then gone through, showing
that defendant had not paid all the money lie had re•
a :iced, and that defendant had charged excessively for him
j I urneye.
. .

•
Plaintiff's two daughters were called to corroborate.
Defendant was then put in the box, and said that he
did not owe the plaintiff any money, but that plaintiff
owed him a large amount.

The venous various items were then gone through, and his
Honour gave a verdict for plaintiff for £l5 53 62.
Jfdhvyton and Mart joy. Staj'ard.—This was an action
to recover the sum of £2 13e sd.—Mr. Clulow appeared
for plaintiff, and Mr. Homer for defendant.—From the
evidence it appeared tint a lodge called the Free (Jar-
deners, was opened at the defendant's house, in Decem-
ber, 1670. At the opening there were ten members, and
defendant, who was appointed treasurer, said when there
were 21 members he would give a supper. On the fol
lowing lodge night there were 21 members, and in three
weeks after defendant gave the members a supper; but
each man paid for his own ale. The lodge increased in
numbers, and after being at the defendant's house for 15
months, was removed to another Louse. Defendant had
in hand at that time ,E 2 13a sd, which he refused to give
up, stating that the club had not paid him for the din-
ner, altering a door, and 28 for nomination fees.—The de-
fence was that he agreed to give a supper, on condition
that the club gave auother,which they had nut doun, and
they had also removed the lodge and broken the contract
He had also altered a dour by putting in a trap to it to
oblige the lodge.—His Honour gave a verdict for the
plaintiffs, less the Si 61
APPLICATION Con New 1. BUIL. —ChtltlibfrB v. Prescott
—Mr. Smith (Oxford Circuit), attended this Court on
bt. half of Mr. Prescott to apply for a new trial in the
above cause. Oar readers will recollect that the:action
was to recover the sum of £4O, for money lent by the
plaintiff to defendant, and the jury gave a verdict for the
plaintiff, but judgment was ntayed for the purpose of the
defendant Ming affidavits, and to give an opportunity for
muting for a new trial.

Mr -1-1311111 OW that the defendant h,d vadained love
affidaviis, but four of them had given affidavit* to the
Omuta but those whieli he should produce acre those

id Mr. IV. H Duignan. solicitor, of W.ilsall, and his
clerk. The money was alleged to have been lent at bait
pant twelve, on July 13. at the Queen's lintel,
ham, and Mr. Duignan's stlidavit was to the effect that
he went to a meeting Of Harper and Tildesley'a or, di.
tors at the Queen'a, at twelve o'clock on that day, that
Mr. Prescott was in the room, and remained there till
about half.pas.. one, taking an active part in the conver
nation. Mr. Smith said iho affidavit of Mr. Duignan's
clerk was to the sane • !rect. Other -affidavits haw been
in support of the application, but Mr. Smith arid
they were practically withdrawn, aa the persons making
them had been waited on by representatives of the plain-
tiff, and had filed other affidavits, copies of which were
only served upon Mr. Prescott the previous day about
three o'clock, and he had had no opportunity of revisiting
the deponents, and calling their attention to circumstan.
ces winch we uld probably havu led them to confirm the
original affidavits. However he +tumid rely on those of
M. Duiguau and his clerk.

Mr. Itumfray (of the firm of Homfray and Holberton
appeared for plaintiff in opposition to,the appliation, and
stated that in the cam of Mr. Dixon and George Vaughan
the affidavits had beim withdrawn, they having Amer.
tamed that they were in error as to the date, and they
had made counter allidavita to that effect. He stated
thet there had been three meetings of creditors in the
case of the estate in question, and they had mistook
what occurred on the 29th Jane for that which they stated
in their first affidavit occurred on the 13th July. In al-
affidevits had been flied by plaintiff M opposition
to the applications from Mr. John Taylor, Willenhull,
chairman of the meeting in question, on the 13th Jul.;
Mr. Joehue hathbrooke, who declined to take the chair;
and also from Mr. Bernal ml Talbot Cartwright, partner
with Mr. Tburstaus, of Wolverhampton, stating that hi,
partner must be mist iken as to the date,. The purport
of these affidavits went to show what took place at the
meeting which they alleged did not commence until one
o'clock on the 13th July, and mated only a very short
time. Mr. Homfray contended that in the case of Mn
Dnignan it was clear that in his affidavit he must have
been in error, or with regard to the date, having mistaken
the meeting ill June for that held in July. Ile pointed
out that the ellidavits giving the facts relating to what
took place on the 13th July went to aubstantiate pl..iii-
Liffs ease. There was a fair inference that Mr. Duignan
Mid the Clerk were mistaken in the meeting, and he said
Mr. Prescott bad wilfully filed affidavits which he mu-t
know were wrong.
. . . . .

Mr. Smith said he did not think be ought to allow oh
servations ~f that kind to be nude with regard to Mr
Prescott, and he I,r,iceeded to ask his Honour for time to
obtain fr,sh affidavits, as the counter affidaviti had been
tied so
_recently.

His Honour consented to adjourn the application for a
new trial.

On the request of Mr, flomfrat, the money was or-
dered to be paid into Court, pending the deei.ion of the
matter.

ENTERTAINIIRNT.-011 Monday evening host an anter-
tainment was givt•u in the Corn Exchange, under the
auspices of the Associated Institutes. There was a first
class attendance, especially in the front places, many
b :Mg tumble Si obtain a seat Capt.tin Walker occupied
the chair. Mrs. PenilelL opened Os proceedings with N
piano solo, " Recollections of Ireland," which she played
in her usual brilliant manner. Mr. C. Firrustone then
sung, "My beloved out's fairy-like form," very well.
The Rev. A. Sherrard then followed by reading some
selectionsfrom Tennyson. Mr. U. B. Priddy then sung
. . . . .

.• The Bell Itind-r,' in first-class style, and received her
share of applause, and then came the treat of the even-
ing—the Hate nob by Mr. James Matthews. Our worthy
townaman again thrilled his delighted audience with Buck
manic that has not been heard in the hall for some time
rat. Too much cannot be said of Lis playing on Mon-
day evening, and we can only content ourselves by saying
that it was exquisite. At the conclusion of the solo Mr.
Matthew. waa iapturously applauded. Mr. Pennell sung
the " Vilisge Blacksmith,' in very good style, as also did
Mr. Bourne, " A Father's Love," and " Will of the
Wisp," suit Mr. C. Firm,tone, .• Will he come ;" and Mr.
Priddey. Messrs. J. Taylor and I'. Butler read two
laughable selection, the former gentleman reading "'rite
Idled feathor," and the latter, " the Barrel (iron.-