The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-12-13 00:00:00

TIIE DISPUTED ROAD QUESTION.

At the Police Court, on Monday, before Messrs.
J. Kiteley, E. Moreton, and R. Woodward, this
ease in reference to the repair of that portion of
Brettell Lane lying between the road to Hawbush
Farm and Mouse Brook Entry again came on for
bearing. Mr. Young (instructed by Mr. Addison)
appeared for the complainant, Richard IVoirall;
Mr. Homfray represented the district of Words-
ley ; Hr. Holberton for Brierley Hill and Quarry
Bank; Mr. Clulow for Brockmoor ; and Mr. Pres-
cott tor Bromley.

At the hearing of the case three weeks ago the
magistrates, acting under the 94th section of the
Highway Act, ordered Mr. Wooldridge, surveyor,
of Stourbridge. to inspect the road and report,
Mr. Young said the Bench would recollect that
the adjournment took place for a surveyor to ex-
amine the road, and report upon it. That having
been done, the best thing would be to hear the
report. _ _

Mr. Benjamin Wooldridge, surveyor, said that
he had been and seen the road in question, and
found that was in a bad state of repair. The
Atnbleeote side was the worst, although there are
some places on the other side in a worse state than
the Amblecote. The road is in a dangerous state,
and should the weather set in wet it would be-
come much worse.

Mr. Prescott said it was a criminal case, and he
ought to be able to cross-examine tho witness.
Mr. Young remarked that the witness was ap-
pointed by the Court, as a surveyor, to examine
the place, and report upon it, and it was not con-
templated to cross-examine him. But he (Mr.
Young) as prosecuting counsel, had no objection
to Mr. Wooldridge being cross-examined.
Mr. Prescott, De I understand that the Court
refuses to allow me to cross-examine the witness ?
The Bench We have no power to allow him to
be cross-examined.

Mr. King: The Act of Parliament says that the
Bench should appoint a surveyor to examine the
road, and report upon it. They have done that.
Mr. Wooldridge, in answer to the Bench, said
that the road might become dangerous, and was
now to any person driving fast down the road.
Mr. Young: That being the state of the thing,
the road not being in thorough repair, the Bench
have power to convict:

Mr. Prescott, on behalf of David Parsons, con-
tended that there was no case made out against
his client to show that he ought to repair the
road; but there was a case against:the Highway
Surveyor.
The Bench: Do you propose to show that the
road in question is not in the Parish of King:min-
ford?

Mr. King: It has been clearly proved that the
road is in the pariah of Kingswinford.
Mr. Prescott : It has not been proved by Cooper
that the part was in the parish of Kingswinford.
He stated that he had paid rates for the parish of
Kingswinford when he lived in Brettell Lane, but
would not undertake to swear that the particular
part in question was in the parish of Kingswinford,
hut said he thought it was.
Mr. King: It will not be against a man person-
ally, but against the inhabitants themselves.
Mr. Clulow, as solicitor for the Brockmoor Sur-
veyor, objected to the wording of the summons.
Mr. King: Excuse me; that can't be argued
now.

Mr. Chtlow : Why not?
Mr. King: It i too late to object to the sum.
mons.

Mr. Clulow: The summons was taken out under
the wrong section.

Mr. King: :t you think the better plan
would be for you all to agree, and submit a ease
for the Court of Queen's Bench, and let them de-
cide which is right and which is wrong.
Mr. Clulow said he had no objection. If Amble-
cote parish was made partly responsible a case
would have to be prepared to go before an arbitra-
tor before they could go into the Court of Queen's
Bench.

Mr. King said there was a case in question similar
to the present one, that had been decided by the
Court of Queen's Bench.