The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1876-09-23 00:00:00

COUNTY COURT.

PRIEST V. HARRIS AND PEARSON.—At the County
Court on Thursday, before Rupert Kettle, Esq.,
judge. This was an action brought by Thomas
Priest, chartermaster, against Messrs. Peter
Harris and George Pearson, brick manufacturers,
Amblecote, to recover the sum of £146 18s Bd,
balance for work done.—Mr. Stokes, of Dudley,
appeared for plaintiff, and Mr. Loxdale Warren
(instructed by Messrs. Corser and Walker) de-
fended.—From the evidence of plaintiff it appears
that he was a chartermaster and was employed
under Earl Dudley for more than 19 years, and he
afterwards engaged with the defendants to become
chartermaster in defendants pits. In the first
instance plaintiff admitted that he had made the
arrangements with Mr. Jer 3miah Skidmore,mining
engineer. Plaintiff said he was to have royalty
of 4s 6d on the coal, 2s on the slack and 7s per
yard for driving gateways, and the amount of
driving he had done was 1,684 yards and had been
last for 1,550 yards.—Thomas Priest, son of the
paid witness, produced a plan he had made of the
workings which he kept at his own house, and
Mr. Skidmore kept a plan at the office. He (wit-
ness) was ordered to make a gateway by Mr. Skid-
more and measure up all the work done, and he
found 1,684 yards done and had been paid for
1,550 yards. On one occasion Mr. Skidmore told
his father that 5s 3d per ton had to come off and
his father said before he would stand that he would
leave the pit. Cross-examined: The plan pro-
duced was his father's made by Mr. Skidmore and
the pen.marks on the plan were witness's, but he
could not say who made the pencil marks on the
I)• lan Skidmore did not say that he would not
pay for the gateways and that they had been
made for complaithtnt's own convenience, and not
a single gateway was driven except ordered.—
David Tredwell, doggy in the pit, said he was pre-
sent when all gateroads were made and there was
not one made but what he was present.—John
Tomkins, mining agent, said he had measured up
the work and found 1,634 yards done, and, it
was customary for the chartermaster to be allowed
slack for the use of the engine.—Mr. Warren
addressed his Honour for the defence, and said
some of the gateroads had been made for the
plaintiff's convenience, and that he had charged
the defendants with the cost of making them, and
called J. Skidmore to prove R.—After hearing
further evidence, Mr. Stokes called a supple-
mentary witness to show that he valued the pits
for Priest when he ceased working in July, 1873,
and that the gateroads were there.—His Honour
thought it much to be regretted that the defend-
ants did:not keep some written vouchers of the
agreement entered into, and written memoranda
of the instructions given, andi the disallowances
made from time to time as to the gateroads. The
evidence for the defendants was uncertain, and
from the want of written documents was not so
conclusive as the evidence of the plaintiff as to the
contract. Although the evidence of the plaintiff
was not so clear as could be wished, it was as
clear as they could expect from a man in his
-station. His verdict was for the plaintiff, for
£l2l its, an item of £25 4s in the original claim
being disallowed.

BURIAL BOARD ELECTION. A vestry meeting
was held at the Corn Exchange on the 15th inst,
for the purpose of electing three members on the
Burial Board. Mr. H. Hughes occupied the chair
and the three retiring members, Messrs. W. J.
Turney, E. Stringer. and F. J. Haskew, were
elected. Mr. Prescott !attended the meeting and
demanded a poll. The ' polling took place 11,st
Thursday and the result wa.s that 67 persons voted
in favour a tho three gautlemou aud uot oingle