The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1881-10-29 00:00:00

ffrounintme-1 0131SritifElt.

.4' °cat an P,istrizt,

COUNTY COURT.

HOLCROFT v. BLAND & Co.—This was a ease
heard at the County Court on Thursday before Sir
Rupert Kettle (judge), and a jury.—Mr. Waldron
appeared for the plaintiff and Mr. Perry for the de-
fendant.—Mr. Waldron, addressing the jury, said
this was an action brought to recover the sum of
£3O, commission due from the defendant to the
plaintiff. It appeared that the plaintiff James
Holcroft was chemists assistant to the defendant
Mr. Bland, who is a soda water manufacturer in
th!s town, also carrying on a ehemis s she's. It ap-
peared that the plaintiff entered the service of the
defendant and when he had been in his service
about a fortnight an arrangement was made
between the plaintiff and the defendant that plain-
tiff should go out and obtain orders and act
generally as a commercial traveller on bthalf of the
defendant. The question they would have to de-
cide was whether there was any bargain between
them and what terms were agreed upon by them.
The plaintiff would tell them that the contract was
that he was to receive a commission of five per cent
on all customers found for the defendant. The
plaintiff would tell them he was entitled to the
commission whether he executed the order or not.
The defendant denied that the neighbourhood of
Stourbrtdge was to be included in the contract, but
he (Mr. Waldron) should be able to show that in
1878 the defendant paid to the plaintiff some com-
mission for orders delivered in Stourbridge.—Mr.
Holcroft was then called aid said that he was a
1
commercial traveller and chemist's assistant. In
the month of May, 1877, he entered the service of
defendant as chemist's assistant. He had been
there a week or a fortnight before anything wee
said to him about travelling. Mr: Bland had a
mineral water manufactory and be was to go out
and solicit orders. When that was spok,n of de-
fendant said he would give him five per cent on all
orders that he took and on all orders he received
from those customers afterwards. There was no
one else present when the contract was made. After
that contract was made he. acted as commercial
traveller to Mr. Bland and obtained orders. He
acted as commercial traveller from May, 1877,
until be left him on the 18th June, 1881. In the
beginning of 1878 defendant paid him about .22 and
when that was paid defendant said "You must not
expect always to receive the comndssion for Stour-
bridge." That ..t2 was commission on accounts in
Stourbridge.—His Honour : The defendant keeps a
retail chemist's shop in the Town. end you went to
him originally to be assistant and to ask for orders
in the town of Stourbridge. Witness : Yes sir.
His Honour : When you had time to leave the shop
it was part of your original bargain to go and ask
for orders in Stourbridge ? Witness: Yes sir.
His Honour : That was whilst you had the salary.
Witness : Yes sir. His Honour: In order to in-
crease the soda water trade it was arranged that you
should go further than Stonrbridge. Witness:
Yes sir. By Mr. Perry :He was engaged in May.
1877. He was first eng3ged at a fixed salary. It
was not part ot the first engagena,nt to go and get
orders for mineral waters. There did not twelve
months elapse before there was anything spoke
about cornmisson. He was not in his service fifteen
months before he received any commission at all
Before July 1878 he went our to soliet orders both
in Stourbridge and further afield. Mr. Bland did
not say that he would give him a commission on
on all accounts except StourbSide. He received
commission on Stourbridge accounts.—By Mr.
Waldron: When he came home from travelling he
gave the money to Mr. island and he belteved that
Mr. Bland entered it in a book.—By the Judge: He
received 355. weekly on his salary account.—Mr.
Perry addressing the jury said that the judge had
directed them that there was only one question
and that was, what was the bargain betweon Mr.
Bland and Mr. Holcroft's statement and they
should hear Mr. Bland's, and they would find that
those two gentlemen contradicted each other as to
the bargain. When Mr. Holeroft was first Engaged
he a as to go as an assistant in the shop and only in
the immediate neighbourhood of Stourbridge to
solicit orders. Mr. Bland would tell them that he
was to go as an assistant, and also at his (Mr.
Blends) discretion ,and convenience to go anywhere
in the ringe of Mr. Bland's business to solicit orders.
That state of things was acted upon until
Jiely 1878—over 14 months. Mr. Holcroft
did that and so from time to time he was cent
by Mr. Bland, wherever he wished him, to go and
solicit orders and he received 355. per week, besides
his trevelling expenses. Mr. Holcroft bad said
that Mr. Bland entered the commission he received
Into a book, which was an important question, and
if they would look at the book, they would not
find any entry of commission paid to Mr. Holcroft
until July 1878-14 months after he had entered
the employ of Mr Rand. Mr. Bland voluntary
said to Mr. Holcroft "I will give you a commission
of five per cent on all int nies you receive and
accounts you may open not in Stourbrigge,"
and he was to have commission whether he opened
the accounts or not. He admitted that it was not
to be considered whether that bargain would be,
or would not be, a reasonable bargain. Everything
that was given Lim above the 355. was given to
him as a gift. Mr. Bland said that he would give
him a commission of five per cent on all accounts
that he opened outside Stourbridge.—Mr. Bland
was then called and said he was a chemist and
druggest in Stourbridge and also mineral water
manufacturer. In May 1877 he engaged Mr.
Holcroft. He engaged him as an assistant in the
chemist shop and to solicit orders for mineral
waters at 355. per week. There was an alteration
made in July 1878 and he then told him that he
would give him a commission of five per cent on all
monies received on accounts opened by him, except
Stourbridge, and as there was a few accounts .at
Frierley Hill he might have there. The farthest
plate he sent him, before h e spoke about commission
was to Kidderminster. He sometimes paid him
, when he brought the money home and sometimes
i would let it run on for a fortnight. When he paid
I him he made entries in a book—(The book was pro-
dticed). He never paid -him commission at all on
Stoutbridge accounts. He did not promise plaintiff
a commission when he had been in his service
about a fortnight. The cash-book alit was pro-
duced showed that the first commission paid to the
Plaintiff was in August 15th 1878.—His Honour:
Tin re is not a particle of evidence to show the jury
as to what rate he was being paid.—His H.on_ur
at some considerable length put the case before the
jury, pointing out to them that they had to
determin whet the contraet was and when it was
entered.—The jury retired to consider their verdict
and on returning into conrt ,he foreman said tat
,he jury were unatimous in agreeing that the
p'aintiff was entitled to the whole commission for
all orders tak n from August 1878, and the judge
direct( d that sn account nt be appointed te eo
through the a_eounte. The solicitors mutually
age. ed that .Er. criven act ountdut, of Stourbridge,
should e o throagh the iaeounts.
Ba- ES V. PAR h ES.—Tl:is was an action to re( over
the aim os ill 1)s Od so:- a horse and e..at, sold by
plaitii VI to defendtint. Mr. Waldron appeared for
plaietiff and Mr. Stokes defended. From tie e.i-
dence it apssars that plaintiff im executer to a Mr.
l)i-ernock. The torso was sold for £7 and the cart
for AA 10s Cd. Parke i paid ..€6 on eceount, auti
wae a pariner w.te a man na ,tsl. Rh des. His
Honour gave a verdict for plain lid.

HUGHES AND OTHERS V. CAIIIWRIGHT AND
WIFE.—Mr. Pcny said this case was tiled some
moat s ago, and his Honour gave a vet diet for
plaintiff. Since then defendant's so:L; tor made an
applica.tion for a new trial, which was granted. and
was to come on for hearing that day. Defendants
lifld been called but did not appear. He had all his
witnesses present and asked for cost, 4 which were
allowed.

DRUNKENNESS.-At the Poliet: Court, yesterday,
before Messrs. R. L. Freer, C. P. Noel, H. 0. Firm-
stone, and F. Evers, Jesse Heatheock was am ged
with being drunk at Oldswinford, on the 22nd inst.
Police-constable Eaves provtd the case. • Fined ss,
to :nclude costs.—David Hopewell was charged with
being drunk and incapable in the public streets on
the 24th inst. Sergeant Herman proved the ease.
Fined 58, to include costs. _
Edward Rider was
ch,rged with being drunk and disorderly on the 24th
Inst. Polive-constable Cartwright proved the case.
the2a3nrdd incsots.ts. —Police
charged with being (If unk and disurd(lly at Ped•
Joseph Bateman was
and several other witnesses proved the case. De
Int' ionreed,
02ns
-constable Wallace
fendant denied being drunk and called two wit-
nesses. The Bench considered the case proved and
fined defendant 68 and costs.

PICTJNIE AND ASSAULTING THE Po'Jos.—Thomas
Oliver, of Cradley, was charged with being diunk
and assaulting Police-constable Cl like, on tne 23rd
inst. Mr. Perry defended. Complainant suid that
a number 0f men were turned out of a public-house
on Sunday afternoon. They stood in the middle of
, the road and he ordered them away. They refused
to go and began to make use of bad language, He
put his hand on defendant's shoulder to push him
away, when defendant struck him aid kicked him
an the legs. Police-constable Oakoy corrobmated.
Mr. Hammond Smith proved the injuries Clarke
had received. Enoch Evans said that Clarke first
struck Oliver on the head with the handcuffs. Levi
Oliver said that defendant did not strike sr kick the
officer, but that. Clarke firstexltared defendani; and
caused all the row. Three more witnesses were
called who gave similar evience, and also said that
dtfenthut was saber. Mr. Perry said there was no
legal justification for the police arresting ~the de
fendant.—Enoch Evans, ‘Viiliam Evans, :Richard
LtJwater, William Wildeu, Syivanus Harris, Arthur
Thompson, Levi Oliver, Joseph Pugh, and John
I.llcuplort, Old Lill meil, were charged with as.

saulting Police-constables Oakey and Clarke, on the
23rd inst. Mr. Hammond Smith said there was a
contusion of both of Oakey's eyes, and several
abrasions of the skin on the face and right ear.
There was also a bruise on the back of his head.
Clarke'B face was swollen. He had also a cut on ;
the leg and abrasions on the shins, as if caused by
a kick. Police-constable Oakey said that on Sunday
last, at three o'clock in the afternoon, they had two
men named Oliver in custody, and as they were
taking them to the station about a dozen men fol—
lowed them down the lane, began beating them,
and rescued the two prisoners. He could identify
all the prisoners, with the exception of Harris and
Arthur Thompson, as being amongst the men that
were beating him. He was knocked down in the
road and Evans, Levi Oliver, and Pugh were on
the top of him, beating him. Pugh pulled a hand-
ful of whiskers off his chin, and said "I'll pull your
head off." They had their knees in his
stomach. Mr. Paul Homer went to his assistance.
Police-constable Clarke stated tbat he was in com-
pany with Oakey, and was kicked and struck by all
the prisoners except Harris. He did not see Harris
strike anybody. Paul Homer gave evidence as to
the assault. He did not see Harris strike anyone.
For the defence it was contended that Harris was
there but did not take any part in the assault, and
that Ar:hur Thompson was not there at all. Esther
Jasper and Ms. Banner, of Butcher's Lane, Lye,
said that Bowater did not take part in the assault.
Richard Parkes, of Wateriall Lane, Old Hill, said
that Arthur Thompson was near Rowley Church at
2.40 in the afternoon, and at Old Hill at four o'clsek
The charges against Harris and Arthur Thompson.
were dismissed, and the other defendants were each
fined 40s and costs; in default ene month.
STE LING POTATOE£4,—Samuel Jones was charged
with stealing 221bs of potatoes, the property of
Samuel Robinson. George Robinson son ot prose-
cutor, said he suspected the prisoner, who was
, working for his father, and gave information to
•1 Police-constable Cart wright, who watched him.
Police .constable Cartwsight said he saw prison.r go
to a heap of potatoes, pick out the largest, and put
them into his frail. Pleaded guilty. Fined 10.3 6d,
including costs; in default 14 days.
Moat, DRUNKS. Joseph Meredith was charged
with being drunk on the 22nd inst. Setgeant Payne
proved the case. Fined Is and costs. William
Winwood was charged with being drunk at the Lye,
on the 22nd inst. Sergeant Payne proved the case.
Ordered to ray costs —Joseph Hughes was fired 5s
and costs for being drunk at the Lye, on the '22nd
inst. Sergeant Payne proved the case. Joseph
Collins, of the Lye was charged with being drunk
and disorderly on the I.7th inst. Police-constable
Waldows proved the ease, awl said that defendant
threatened to kill Sergeant Payne and witness.
Fined lOs Gd and costs; in default one month's
hard labour.

HIGHWAY OFFENCE.—Josc.Th Royal was charged
with cau,ing au obstruction in the road by leaving
his horse and cart longer than is allowed. Police-
constable C irtwright proved the ease. Withdrawn
on payment of costs, Bs. 6d._

6111110 E OF TRESPASS. —Thomas Jones was charged
with trespassing in pursuit of game on land in the
occupation of henry Smith, of Pcdmore, on the 17th
inst. Charles Wellsbury proved that he saw the
defendant with dogs in the swede field, beating for
game. Fined 108. and costs.
WAGV:S CAss.—George Claxton was summoned
by George Bro,dheacl for ss. 6d, for wages fil!eged
to be due. After hearing the case both parties
arranged the matter and paid the costs between
them.

BOARD OR GUARDIANS —3lr. Raybould presided
at the usual weekly meeting of this Board held
yesterday. The otner merub?rs pr, sent ware
Messrs. 11. Billinghaw, Haskew, Pargeter, Parks,
Thompson, Browning, Wood, Hower, J. Billingham,
Mills, Lavender, Rhodes, Forrest, and Brooks.
The number admitted into the house tinting the
week was 15; discharged 11 ; deal ; remaining in
the house 519, corresponding petiod last year 539.
Out-duor relief, Kingswinford district, £4O 16s 4d ;
Stourbridge eistrict, £3l 18 2d ; Halesowen dis-
trict, £l9 115 sd; non-resident 6s 4d; t ea' £92
12s 6d against .CB2 88 2d.
HOSPITAL SUNDAY. -- The collections in the
churches and chapels in this neighbourhood take
place to-morrow (Sunday). The local committee
have recommended that the collections this year
be divided equally between the Stourbridge Dis-
pensary. the Guest Hospital, Dudley, and the
Queen's Hospital, Birmingham; fer(:ept in cases
where it is specially desired the eollection should be
given to only one or orther of these Institutions.
The charities named each prove of great value to
the neighbourhood, and year by year justify their
claims to public support; and the Hospital Sunday
Committee trust Vatt the present appEed will secure
a generous response, particularly so as there was Borne
falling off in the aggregate contributions last. year
At the Stourbridge Dispensa, y, in the year ending
S Iptcmber 301 h, 1881, 1,546 cases were trea+ed.
file number of patients dischargod—cured was 647 :
relieved, 707 ; dead, 55 ; relieved with surgical
appliances. 83; transferred to hospital or parish.
9 ; remaining on the boooks 45. The total number
treated since the establishment of tl.e institution
was 41,235. At the Guest Hospital, Dudley, there
were 50 patients from the Stourbridge district in
the year Ending September, 1881. In the previous
year, there were 42 from the same district. The
Queen's Hospital, Birmingham, received 20 in-
patients from the Stourbridge district last year, and
44 local out-patients were treated at the Hospital.
Of the total of 615 country cases treated at the
hospital last year, 64, or more than a tenth, were
from this neighbourhood.

SERIOUS FIRE —A fire of a serious nature was
discovered at the house of Mrs. Scotclibrook,
Coventry Street, early yesterday morning. It ap-
peared that a Irian, who is in the habit cf going
about to call persons up to go to work, discovered
a fire on the premises and at once gave informa•
tion to Police-constable Moore, who was on duty
near to the place. The officer at once rang the
fire-hell and called up several of the members of
t: e Brigade, who, in a short space of time, wer-,
on the spot with the fire engine. It was with
great difficulty that the sleeping inmatea were
aroused. The door wfis burst open and three
females were got through the window and con-
veyed down the ladder in safety. The whole of the
gods la the shop were totaly destroyed; also the
gas meter was melted. ilia floor of the shop was
very much burnt, and considerable d•image done,
which was covered by insurance.