The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1868-10-03 00:00:00

SINGULAR CHARGE OF FELONY
AT CRADLEY HEATH.

Nrnf FeTTTG TO SI'PPORT (ITV IV A RFFIRNIkTART.
—John ft Ivhonld. porter. no snmmoned to show rouse
'hy he shonla not snntmrt his stemasnehter, who is in
rief.lrmltorr. D.fendst said he h 4 three children, and
h, I In support his father and mother. and enn`.l not
.Word to rosy to his stenAnnchter. The Bench made an
one, for him to nay Is Rd ner week

At the Petty Sessions, on Wednesday last, at
Old Hill, before E Moore, and F. NV. O. Bares,
Esqra., Anthony Jonee, nailmaster, was charged
with feloniously stealing and carrying away is
certain valuable security, to wit, a receipt stamp,
the property of Thomas Burley, coachbuilder, ,
of Cradley Heath.
Mr. Stokes, of Dudley, prosecuted, and Mr.
Fellows, of Birmingham, defended. COUNTY COURT.
Mr. Stokes, in opening, said the case was a
Re P taring A litagarer.—Mr. Ponton made an *mph.
very singular one. Prosecutor had been em-
cation for e onrlo rop e nea
ployed by smile
the prisoner to do work for ldm. so VISA hi th b k ipt tmnn th t Court day
s last examination. wbirh, it will be remem.
On the 18th ult he took his bill and asked the heel. was deferred in the July Court sine die. The
prisoner for payment, who said that he would application was granted.
give the prosecutor a cheque for effit on account. nee,,,,a and pe v. Aaron --kt the (Monty Court held
Prosecutor said to hirn," You had better settle it on Tuesday laot. before Mr. Young. Depots; judge, this
at once." Prisoner said he would. With that was an action brought by the nlaintiffs (oeents to the
the prisoner got a receipt stamp and put it on Great Western R,tilwayl. against tbr defendant. a eider
the bill, prisoner handing him the pen, and the
mend porse dealer. formerly of Oldswinford, for £1 113 for
hill was receipted. Prisoner then snatched the vrs,sseref7d delivery of eider.
appearmi for plaintiffs, and Mr. Maltby for
bill from the progecntor, and ran down stairs out defendants.
of the office. He shortly after returned and said . William Morrie. porter, proved the delivery of the
he would put it right in the morning, and put cider to the defendant's yard at Oldowinford,
down aLS note. Prosecutor did not accept of The defrmee WA% that the borrrlo of cider were not
the 13, and has not seen the receipt since. He ;71:rbr,f1,11,,,sb,ttliee
ad,,,,f/d,nart7t: 01;1,5 ttlie:Tdo were delivered
IMr. Stokes) was at a loss to know what the de- , es it tie- rider*wao a f tgorewastrls'onna by nicill.,llZ Miwoannteand(i
fence was, but if lie proved a prim', fitrir ease defendant had unstained a loos of £3 15s, '
be should ask the Bench to commit the prisoner Henry Aaron proved that he did not order the cider,
for trlil. It was, to him, clearly a gross case of WO HIAt it woo afterward. %old by Mr. Edwards, anc.
tioneer. s talcos: and that he hlefenrlantl bad to pnt 60
fr old. or 70 gollono of cider to mak, no th . e barrels Twoother
Thomas Burley deposed: lam a coachbnilder, witnes.eo were called, after which.
residing at (2radley Heath. I have been doing His Honour env° a verdict for the plaintiffs for the full
sow work for the prisoner. On the 18th Sep- amount claimed, and coati.
teiliber I had a claim against the prisoner for , Ward nod lE•n4 v. KO.q —This was an action tore.eldh et ohThetrbde'ro eent
£4l. Having previously delivered an account , ;7,miifrts4e. sure:, of
ef h ta.9
nil
.2.tth tee proprietorae eiall
oe alleged
of the work, on the 18th I took another bill, and
found the prisoner at his office, and presented it coliltirevi;.ps,ehse%te(aoifotnift:,sir butty colliers.
to him. Prisoner scrupled at some of the items and iy,.. Godonn, of the' Y(ixaf .pmPle a Circuitred for
the
(instructedplain" plaintiff..
for gig hire, awl said th it the gig broke too Mews. Freer and Perry), for defendant. y
often. I told him it was always likely to do SO Mr. Stokes. in opening. said plaintiff, are batty colliers
at the rate he drove at. If a gentleman drove and were formerly in the employ of defen Dot, who hod
the rate of 18 miles an hour it was enough to a cllleiearywiait Ntbfe•thde,rfeenda„listis N
ge ovember loot plaintiffs
coalDoetftelnieurv,att e.o.f, Isio
break a gig. I asked for payment, and prisoner 9171. tnn, and shack 'at 94 per ten. en.
said you may put down 120 on acconnt, and I employ • asmovet who was to give a statement of the coal
will give you &cheque. .1* said, " Mr. Jones, you from day to day.
might as well settle it, and have done with it."lov John Ward said that in Novemher last he woo em-
Ped with is partner to et coal and slac fer e de.
lie said, " Well, settle it and he should have h p
ins for damagss afterwards. I got a receipt fall 7,:ns::;,:d.eie:t fg a
hendnn
on the
top
k th
:pa:slf T he
fl :11.,,T,ri;d.bac..k, .1, b
stamp and affixed it to the bill. Prisoner put Demo in the employ of defendant, named Morrie, j a
h,o
the pen in my hand and asked me to settle it. I gave me on account of the coal got from day to day, ant
dil settle it, and wrote my name across the it Was on a pay sheet. A bill of the weight WAR delivered
to from e aehine elerk . dhe
stamp. Wag While I w doing so, prisoner came
behind m me, pointed to an item at the top of the sometimesimmvathm from dayto
lea:. eennttrryvionf
biit.ibnonth,is
Ih:otik,.,
fi dmTan k
r,ht e
week's
bill, snatched up the bill settled with his right pay there was a mistake, and when Wood had received
hand, and ran out of the office. I waited about the money witneos went back to William Hove, who staid
five minutes, when prisoner returned to the he hart lost the
ifyoheet. and he gave him 33 al, and said
wonld rect what was
china 1,, 11
t
He continned to
Ake, and said " Don't put yourself about ; I he
will make it sill right in the morning." Prisoner driejintethmnr rotery..wdee at
wr,nig.
t.tredrproid hil! wolt ii !t
ion gave comp lain'
had a 1.7 'Wein his hand and said, " You may as apti 14 days' matt, to leave.
well have this." I told prisoner I wanted the Mr. Godson oai i that some of tha fig.ures of the ma.
bill back. Prisoner refused to give it back, and chine lad were not correct, bat they hod the correct list,
‘1"ti"" wa.,,slinairnPll,:ii..t:enecteonlerfir'ilorei'%t his ease on
went aWtly. I w.tited about a quarter of an hour
and then went away. Piiilemon Baker was in
the prisoner's office ut the time, and he is sum- Si'irte°,ll‘i7.'l:li.`:l.fi",ii°,—,A his Honour for the defence,
atline!flfirtrhg
moiled as ti witness. and mid it wee a question of enotom. Defendant's pit
Cross-examined : Prisoner did say he had a Wliq regillatea on the Derbyshire eastern, which was
aim a con-
oi, (a.e4 the bes t for a Parties. s ds the we,
clg:thist me for dama a ges, ni was g,l.sd I l
for eater. 111.0'1,5,,0f
.r..ip A ear ight
,_,.lt
,to tlieinoith of the pit eight
had come as lie wanted some money oil me.
were fl yOM It 1 ming li_ll4
,anti A truthl WAR taken oft
He did not say his claim exceeded mine. It was that. It mar li, a very harsh castem and very hard for
said before I delivered my account. Tue bill the men, hot smell was the custom,
produced is the one receipted. There are not Several witnesses were called for the defence. whose
evid•mce went 4, prove that the above WO.A the cm,ton,
any items in the account for repairing a gi; I
ond thot plntills bad notei! of it oft r the toy week.
had warranted for twelve moil: Its. On Fehr:ivy
liss Honour gave to cord let for plaintiffs for .1:1 110.
'24t!i I (ra reeel7e of prisoner eT's lOs on account ,
AMON ro,ft. TOE M UNT.F.NANCI: OF A Wl7. Notith
of £34 11 i ti I for hire of goes an Ti
d repairs. I v. Ado, —n: woo an :vernal brought by piaintiff for the
never It in Iled till td note produ •el. stun of 4:5 Ss for the maintenance of defendant's wife
Ilo.e:Cimined : I disl deliver a bill previone of for 1.4 m weeks.
£94 114 lid, and in FebraarV leggived 1.2,5 Ills, Mr. l' .nton appeared for plaintiff, and Mr. Maltby for
.
which left is b.slace e! Ye 4s GI the &fend:lnt.
Mr. Fellows addressed the Bench for the de- ttejs="dBefent!:t.the.nttliewPikiniitsistryisridlaiU ;lt`t Ithe I'
Ye' s'id
fence, and contended that the Case had failed, came to live with him in. co.nse'q(aPencebof 'tlisetasit'erfe.nelSahnet
It haa not Leon shown by the prosecutor that it 1 oelling up his good% and illtreatmg her, and he (witness)
was done with a felonious intent, ar.d that his lis.l fonnd lien a home and kept her, and the above
client had a claim ngssinst the prosecutor for £4B ; as 'OVA Wan 11,UP to him for her maintenance.
al4 that the bill was not stilts:lied by the priso- 1,24).1107.d Lis t..srae, i :leas
,s,ss:, t.,
isle,,nl,..arys,d
hs,ati d tilyrt
hsuts:
'sec, but placed in Its banda by the prosecutor band gave a bill of sale of the goods. Rill of them she
hj,,,geli. Pe should prove theism facts by a wit- bought with her own earnings. In January the defend.
flees that the pregeenter had summoned but re- ant Mimed her out of the house. \Fitness wont intdo lb:,
house again, en sois tamed tby the def
inM th en h
fused to call him If he din this he should ask
broth he d mi
er. on t 7th of January she wlmt e ouant'sse
the Bench to dismiss the case. swain, and defendant tnrned her out, and struck her
Philemon Baker deposed: lam Fieevant in the several times. During the day she went in again and the
..,:,'
eniploy of the prisoner, and have Mani Rom- defendant ag.ain best her, and she was obliged to call in
iffinn,(l fo atterui ton
in the prisoner's office on the Burk
a.sve date. Bur-
Attie
ley mile there also. I saw prosecutor rees.2.:
bill, and hand it to the prisoner. The .15 note .
Y.
I was
ii",7o,F4je'viti ii li-sf;'t:;thl selfolri.:7t.ele37:aluda3llititeram:stmEnderdshwadis ottle;en'tdm-o
wo bu:t..17,(!1:• plainPtiff, Ern brother, who has found her a
_ . . - - . .

NEOLFCT AT WARIC —Thomas Bradley Was charged by
Niesisrq. Mount/on:I and Hon), With tlPOPeting to work
nn I onantitv nt iron, whereby they had ans•ained a loss
sf its Rd. The Bench ordered defendant to pay the
amount, and costs.

now produced was handed to the prosecutor pre-
vious to his settling the bill. Prisoner had
previously said to complainant that he should
have some money to draw. Prosecutor said be
could not afford to lose the money. Prisoner
replied that he would not be hard, and offered
him £5 in settlement. Prosecutor then handed
the prisoner the bill receipted, making no re-
mark. Prisoner then left the office. Prosecutor
after said to me he did not think Mr. Jones
wou4l be HO hard, and refused to take the money,
and asked me not to say anything about it to
any one. I told him he ought to have said what
he had to say before Mr. Jones left. The £5
note was left in the office.
Cross-examined :I am still in the employ of
the prisoner, and had been in the office several
times with him since the summons was served.
Have never spoken to the prisoner about the
case. It is not true that prisoner returned to
the office after he had obtained the Lill. Priso-
ner did make a claim against the prosecutor.
Did not hear to what amount. Did have a con-
versation with a man named Burton.
Mr. Falloivs said he had no other evidence.
He was quite willing to give up the receipt.
The Benek.then discharged the prisoner.

- elan gave evidence to the effect that she
Emma Pus. his wife out of the house and best
saw the defendant flu.. ' to live at the plaintiff's
her, and that she after wean .
hou.e.
Mr. Maltby addi eased the Court for the uleferee,
contended that there was a home for the wife if she liked
to go it; bat she refused to In so, and bad sol I and
MOP away with some of the dufendant's goods. Ile then
called defendant, who said that lie had often offered his
wife a home and that she It si refused to coma to it, and
the reas,n lie sold the good,: woe because she was making
away w:th them. Be also said he had giten her money,
sad on the last °erasion she had returned it.

Mi.pouton replied, and cited " Rawlins r. Vandyke,"
and "Emery r. Emery," and contended that notwith.
stsinliaT the defence set up was no answer to the actiem.
His Tionoer summed up. and in doing no said it was
unite dear that defendant's conduct had been cruelty to
hi: wife, and that lie had turned her out of doom. and
she bad afterwards taken refuge in tier brother's house.
The cruelly had been proved by an •indepentont witness
named Fin, and he should give a verdict for the full
amonut claimed. and costs, - .

.......
EJECTMENT CASE.—In the cnile of Johnson and Wife
r. Harvey. his Honour read the verdict of the Judge,
whieh was for the plaintiff.
Hill v. 111 rrilc—Thi4 woo an action to rerover the
sum of .C 3 for trespass and pwsonal
Mr. Collis appeared for plaintiff, and Mr. Malay for
the defendant.

Plaintiff sail that on the 10th of Angina Richards
came into his garden and took a lot of plums oft his
trees, and also took hold of him and injured his back in
such a manner, that he was compelled to get the assist.
anee of surgeon.
.Tohn Thomas Hill, son of the plaintiff, said that his
father had rented the garden of him torten years. Mr.
Richards bought it of him in February. The agreement
was made at the Greyhound Inn. There were two per.
cons in the room at the time. Mr. Richards said his
father could have the garden till September.
William Harper was called, and said he knew Hill and
Richards. On the 10th of :kunst he wis in the garden.
He Raw both HAI and Richards wrestling together
There were no bl ms struck on either side. Richards
called him into the garden, and Raid to him that he wan.
ted to put the d—i old scamp out.
Jehn Richards said he bought the land of Hill, and
said he (Hill) should have it till September. He went
into the g dlen and saw Hill pulling up the fences, and
he remonstrated with him, as the fences were his (the
defendant's) property. There were several fruit trees in
the garden. Ile did not have 20 plums. He had between
12 and 20. . . .

moo
Police.conatable Hall said he saw the defendant and
plaintiff wrestling together on the 11th of Auwist. He
beard Hill any that if Richards came near him he would
ran a fork in him stomach. Cid not hear Richards say
he would give Hill a block eye.
His Honour gave a verdict of I.os for plaintiff, and the
costs to be paid in the visual way when such a verdict was
given.

Pair,/ t V. if 'iv.—This was an action to recover the
sum of £ll, tiie value of a ,ptictity of wheat, the pro-
perty of the plaintiff, which the defendaut had taken and
converted to his own use.
. . .

Mr. Maltby appeared for the plaintiff, and Mr. Ponton
for the defendant.. . .

.„.
It appears that the defendant become a tenant of the
plaintiff's in 1864, for a field of wheat and a garden. In
consequence of the rent not being paid up. Mr: Pagett
gave him notice to leave, he (Pagett) being desirous of
obtaining the field of wheat. Defendant left the premi-
ses and kept the key. Paged gave Morris, in order to
get rid of him, a receipt for £l7 10s.
Henry Pagett said he was a farmer, and lived at the
Spout. In 1864 Morris rented a plot of land belonging
to him, for £25. On Septembor 21at, 1567, he gave
Morris notice to leave. Defendant left about the 18th of
March last. Morris got Mr. Birch to value the laud.
He (Pagett) sent for Cutler to come and take possession.
Morris sent Cutler to him to tell him that if he would
send the defendant a receipt of .El 7 100 and a £5 note,
he would give up possession. Plaintiff sent the receipt
and money in order to get Morris out.
George Cutler said he was sent for to take possession
of some land. Morris told him that he would not give
up possession until he had had a receipt for ill lOs for
the rent, and a a £5 note, of Mr. Pagett.
John Birch, farmer, said Morris asked him to value
the field of wheat. He valued it et £2O. When Morris
asked him to value it Mr. Pagett was with him.
For the defence, C. Merril said he was a tenant of
Mr. Pagett. He had poll him £ll 10s for rent in the last
week in March. He paid him in his Oefendant's, own
house, and he did not owe Mr. Pagett a farthing.
His Honour said he must give a verdict for plaintiff
for the full amount, with costs.
Culove7l v. Dadhy.—This was action to recover the
BUM of £3 for ail weeks' sick pay, at lOs per week. Mr.
Ponton defended. Plaintiff is a member of the Court
" Morning Star," Order of Foresters held at the Wind-
mill Inn, Lye, and the defendant is Becretary. At the
commencement of the ease Mr. Ponton took a legal ob-
jection on rule 14, which said that all matters in dispute
should be settled by arbitration. Plaintiff had not
availed himself of that rule. He had been summoned to
attend the Court. He did not attend, and was fined El.
—His Honour held that the objection was good, and gave
nonsait.