The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-05-17 00:00:00

Tfi STOTTRPIIIDGE OFSFIIVFII.

I now produce are in the prisoner's hand-
writing. Cross-examined: Prisoner's duty was
to receive orders, sell coal and account for it.
I engaged the prisoner myself. Did not give
directions for the prisoner to add 5 cwt. coal on
the weight to Mr. Crawford. I did not order
the prisoner to give Mr. Ward, of Chawnhill,
7 cwt, above his weight. Neither have I since
charged for it. Ido deal in Cannock and other
ends. Have not sent other coals when C inuock
coals have been ordered. I have received money
. from Dean for coal sold. I still adhere to the
statement made in my examination in chief.
Henry Bate deposed : I am cashier to the prose-
: cuter, and since February have settled the
prisoner's weekly ace, unto, who produce! a
book au I a butane., was struck each time, and
signed his book, as a receipt algal was provided
by prosecutor. 'rhymer has not accounted to
me for 10a 0.1 paid by George Dean ; LI Is paid
by Phildp Perreus ; 10a 64 paid by 0. orgy
Horsii:ey ; 10a 7d paid by Sorel' Price ; 84 31
p iii by AWOR Carter; and 13s paid by Alice
, Carter; hut has paid lie on the last sum. 1 did
receive 9s 2d on the 25th April, paid by Gourgo
Horseley. George Dean, gardener, said that on
the 2nd January he paid the prisoner lOs 64 oti
Mr. Eveson's account. Hannah Perrens, wife
of Phillip Perrens, of Oldswinford, proved pay-
ing the prisoner on the 20tO January, Li le 8d
for Mr. Eveson, and produced the receipt.
George Horaeley, faroier, proved paying the
prisoner on the 27th March the sum of 10a, on
account of Mr. Eveson. Sarah Price proved
paying the prisoner on the 10th February, 17s
7d, on account of Mr. Eveson. Alice Carter,
Olilawinford, proved that she paid prisoner tai
gil ou the 16. h April, and lds on the 20th
March. 'this being the case for the prosecution,
Mr. Prescott said he should reserve his defence,
mid prisoner was committed to take his trial
bail being oecepted.
DRUNK AND DISORDERLY. At the Police
Court, yesterday, before Mr. B. Littlewood and
Captain C. P. Noel, Jesse Cartwright was
charged with having been drunk in Coventry-
street, on the night of the 13th inst. 13. ace-
constable Cooke proved the ca,e, and defendant,
who did not appear, was fined 2s 61 and coats;
in default seven days.
Assatua CASE.—David and Caleb Smith wore
charged with assaulting Major Baker, at T:ie
Hayes, on the night of the 11th instant. Mr.
Homer was for the prosecution, and Mr. Stokes
for the defence. Mr. Homer opened the ease,
and said that the Bench would learn fro•u the
evidence that the assault was one of a very brutal
and unprovoked description ; and that his client
was net only assaulted but robb al of !I. gold
coin during the melee. After giving a brief
summary of the facts, he called Major Raker
(the complainant) who said he was an engineer ,
in the employ of Mr. Fisher, at the 11 tyres, and
be was at work on Suuday last. At about seven
o'clock in the eveniug of the above (Litchi, went ,
into Fradgley's pubdc-house, 'it The H iyes.
%Viten he went in neither or the di foodants
were in the room. After he hail been there
Lures-quarters of at hour one of the defendants
put iii all appearance. Shortly afterwards
Samuel Horner asked wi•n 'as to drink with him,
upon which defendant (David Smith) said to
Elijah Homer, who was present, •' Don't ask
such a half mail b— as him (meaning witues-)
to think." Defendant followed this up by throw-
lug a glass at him which knocked his hat off,
and afterwards threw a jug at hint and cut his
lip. Witness was bleediuglfrom the wound for
nearly three hours. His brother advised him to
go home and change his clone s, or they would
be spoiled. Witness then went home, and when
he was near his own door, one of the defendants
threw a brick at him, which struck him and
knocked him down, and whilst be wasdown Caleb
and his brother kicked hint about the ribs and
various parts of the body; and his gold chain
was also taken from him. Mr. Stokes eross-ex.
emitted complainant at some length, to show
that there were several disinterested witnesses
who he alight have called, but lie hal failed to
do so, amougst whom was the landlady of the
pubic-house where the affair commenced.
Joseph Baker, father-in-law to the complain-
ant. said that he went with his two sons to
Fradgely'a. There was no one there at that
time, but soon after the two defendants come in
and two other men with them. Homer asked
complainant to driuk, wtten one of the nieu said
" Don't drink with lam." After some words,
one of the men threew a glass at complainant,
aud the other threw a jug, which struck him on
the lip, David Baker, brother to complainant,
proved that he saw the two defendants kicking
his brother. One of theni threw a half-brick at
him, and David tried to take his watch and chain.
He was there the whoa of the time. Sarah Baker,
wife of compiainant, said she was by Fradgely's
house. She heard David say, "1 Sin waiting for
that b— b— to come out, and as soon as he
does, I'll kill him," She did not know it was her
husband that he meunt. She afterwards saw de-
, fendant tnrow a hoick at her husband, which
struck him. Mr. Stokes addressed the Bench fur
the defence, and denied the assault. Mrs.
Fradg eley, landlady of the house, said that four
brothers came into the house on the above date
with the father-in-law. The two defendants
a:terwarde came in and had some ale, She heard
a noise, and went into the room. One of the de-
fendants was on the floor, and Major Baker was
squaring og at him. She saw David Smith pick
up a glass and throw it across the room. She
ordered them out of the house. They began to
tight, when her daughter caught hold of one of
the defendants, and got him out of the house.
Did not see a jug thrown. Job Herrin said that
he went into the house with the two defendants.
Some words took place about some fighting, when
complainant got up to fight one of the defendants,
and David was knocked down. Witness got be-
tween thew, and the landlady then came in. 'fhey
afterwards went into the road and began to tight,
and had several rounds. Witness tried to stop
the fight, and in doing so received several blows.
—Sylvia Stafford said she saw complainant run oi t
of Fradgley's house. Hie ear was bleeding, and
he washed it. Caleb was hurt and bleeding on the
arm, and he washed it.—The Bench considered
the weight of evidence was in favour of the de-
fendants, and dismissed the case.

NEOLEC. T OF WORK.—Joseph Pritchard, Arthur
Bingham, Jesse Hill, Thomas Southall, Joseph
Robinson, Richard Hart, Thomas Butler, Mark
Meredith, Luke Meredith, William Westwood,
Frederick Chance, David Hid, James Walker,
David Tipton, were severally charged with neglect-
ing the work of Messrs. Joseph King and Co, on
the 19th ult. Mr. Perry appeared to prosecute,
and Mr. Stokes for the defence. Mr. Perry said
the case was a simple one it was a question as to
neglect of work. Thomas Hope, colliery manager
to Messrs. King and Co., said that on the 9th
none of the defendants came to work. They had
not given notice, and the damage, which was
nominal, was put down at 10i each. Cross-
examined: Five weeks ago the men were paid by
weight, but they gave notice and fresh arrange-
ments were made to work by stint, which was
five feet three inches per day, the same being the
custom of the country. I do not know that Messrs.
Fisher's men work 7 feet 7 inches and a half fora
day and a half's work; but Messrs. Swindell's
stint is 7 feet 101 inches for a day and half's work,
and defendants have been paid at that rate until
they ceased to work. I did not fix 7 feet 7 inches
and a half for their day and half's work. On
the Thursday evening before the men went down
the pit, the stint was not altered to my knowledge,
and if any one did alter the stint they had no
right to d so. Defendants did tell metliat Trove
had measured more than the stint, and that Troope
had said 8 feet 6 inches must be the stint. Do
not know that was the stint set by Troop°. The
defendants complained of the stint being too
much. Re-axamined t Told the defendants I
woold go to Homer Mil pits, nod see their stints
which was the same, and the stint has not been
altered since. Joseph 'l'roope said that on the
Wednesday defendants came to work, and I
marked out the work. Defendants said they had
met Fisher's men and complained that they were
doing more work than they ought to do. I told
them the stint had not been altered, and if they
did not go on with heir work he should put th
law in motion. D ffendants refused to work a, if
left the pit. Complainants had sustained a loss of
more than £lOO. Mr. Stokes addressed the Bench
for the defence, and said the case was a sinattle
one. The question is, whether the defendant
had a bona fide reason for leaving their work and
if so, were they justified in having done so. He
contended that they were justified, as the com-
plaints had broken their contract by altering the
stint. He then called Thomas Butler, who said
he unia ;trod the stint before the underground
manager, and the latter said he would speak to
Mr. Hope to see if he would allow them anything
extra. The next night the stint was measured.
They asked the underground manager what he
had measured the night before,and he said he did
not know. They told him they had measured it
and found it to be 4 feet 8 inches. He then said
if they did any more they would have to do 8 feet
6 inches for a day's work. On the Saturday night
witness saw Mr. Hope and told him what had
taken place between himself and the underground
manager. Cross-examined by Mr. Perry : He
went down the pit on the Bth, and found the stint
was 8 feet 4 inches. He did not go down on the

9th. They were doing "clogging" on the day he
had the talk with Mr. Hope. Elt was here ex-
plained that " cogging " was erecting timber
supports in the pit, and that it was usual for two
men to work together at it for the convenience of
working.] It was in consequence of Fisher's men
telling them that their (defendants) stint hal
been altered that caused them to measure it.
Several other witnesses were called, who corro-
borated, and after a short adjournment. The
Magistrates said they had given the case their
best consideration and they were of opinion that
under the circumstances the defendants wer
justified in leaving their work and dismissed the
case.
ALLEGED BREAKING A WINDOW. —Merin:AT
Drew was charged by Obadiah Pardoe,with breal.-
ing a pane of glass in a window of his house, on
the 7th inst. Complainant said on the above date
he was in his house having his tea, vrnen a cinder
(produced) came through the window. He did
not see defendant throw the cinder. He went
and accused de'endant of having thrown it, hut
he made no reply. In the absence of any direct
evidence as to who threw the missile, the Bench
dismissed the case.
SERIOUS CHARGE OF Ihrx.—At the same Court,
Wore Messrs. B. Littlewood and J. Holcroft,
George Smith (15), son of Mr. George Smith, of
the Royal Exchange Inn, Frigh-stret, in this
iziwn, was charged with assaulting Fanny Holden,
a child six years of age, with intent to carnally
know her, on the 10th inst. Previous to giving
htr evidence, Fanny Holden (the complainant)
who is not yet quite six years old, was carefully
examined by Mr. King (Magistrates' Clerk) to
ascertain whether she was capable of distinguish-
ing right from wrong. Her answers proving sat-
isfactory to the Bench, they allowed her to be
sworn.—Mr. Addison conducted the prosecution,
and Mr. Perry defended the prisoner.—Mr. Addi-
son stated the facts, and called Fanny Holden,
who said that she lived near to the premises occu-
pied by prisoner's father. On Saturday last she
saw prisoner in the yard. He. asked her to go
into a stable. The yard is enclosed by a high
wall, with a gate at the entrance. George Smith
went into the stable with her. When they got
into the stable he placed her on a box, and com-
mitted the offence comphiined of. He hurt her
very much. She cried out for her mother. After-
wards he said, "Don't you tell it's me; say it's
Etty, Louie, and Nellie." When George said that,
she replied that she would tell it was him. From
that, she went to her mother and complained of
the prisoner's conduct.—On cross-examination by
Mr. Perry, complainant said there was not a boy
named Sankey nor any one else in the stable at
the time of the occurrence. She did not hurt her-
self by falling over a corn-bin, or anywhere else.
The stable door was open at the time.—Harriet
Holden, the next witness, said she was the wife of
Thomas Holden, miner's shovel maker, and mother
of the complainant. She was at home last Satur-
day, all day. She was at work at the window.
Sankey or Cox might have passed her windew in
the course of the day, hut they were not there
when the affair occurred. In consequence of
hearing her child scream she went into the yard,
and met her by the gates. The latter complained
of what Smith had done, and witness examined
her and found unmistakeable signs that an assault
of an aggravated nature had been committed.
After that she went into the yard in search of
Smith and met him coming out of the stable. She
asked him what he had done to her child and he
said "Nothing, she fell down." Thomas Holden,
father of the girl, also gave evidence. Robert
Luther Bayley, surgeon, said he was called in to
see the little girl on Saturday afternoon. Found
her sitting on her mother's knee. He examined
her, and found that she was seriously injured.
[Mr. Bayley here described the injuries, which
are unfit for publication]. Did not think the in-
juries could be done by a fall. P.S. Jones proved
apprehending the prisoner. Mr. Perry addressed
the Bench for the defence, and contended that
the probable cause of the injuries complainant
had received, was the result of a fall from the
ladder, the one leg falling into a bin, and the other
over it. Prisoner was committed for trial.

FATAL ACMDENT.—On Monday morning, AD inquest
was held, at the house of Mr. Thomas Greenfield, the
leash Inn, Level Street, before Mr. W. H. Phillips,
ileputy-coroner, touching the death of a youth. named
Joseph Hutchings, aged 17 years, a horse driver, in the ,
employ of the Earl of Hadley, who cane to hi, death,
under the following circumstance., on the oth inst. : --
Deceased was in the act of coupling three wagons, which
were stationary. These wagons were being drawn by a
horse, when, by some means or other, the deceased
missed the points, and was caught by the buffer of one
of the tracks on the stomach. He was seen by a lad
named William Henry Brett, who immediately went to
his assistance. Deceased was at once conveyed home,
and medical assistance procured. The accident happened
at noon, and the deceased died at seven o'clock in the
evening. The jury returned a yerdist of "Accident'
death."
CHARGE AGAINST A PUBLICAN —At the Petty Sessions
held on Thursday, before I. Spooner, Esq.. stfpenila•ry,
Edward Harvey, landlord of the British Oak, Kingawin-
ford. was eharged by Superintendent Mills with keeping
hi. house open for the mile of beer during prohibited
hours, on the 27th ultimo. Police-constable Hume sail
that on the above date he visited the defendants house
at four o'clock in the afternoon. Found a man in the
t ro .m, with a pint jug Vireo parts full of tele Asked
him ...hat he had got. the mau said Only a drop of
fourpeii.ny," and added that he was a traveller. Witness
bad since found that the man's name was Williams, and
that he lived near the defendants house. This being his
first offence, the learned Magistrate fined defendant 20s
and costs —William Williams was charged with being
found in Harvey's house during prohibited hours, on the
27th ultimo. Police•constalele Hume proved the case.
Paned 10e 61.—The learned Magistrate remarked that it
was la rether dear cup of beer.
LARCENY CASE.—EIi Br awn (1l), was charged with
stealing a quantity of eggs, on the 14th ult, the proprty
if Samuel Hughes. Prosecutor said he did not wish to
press the case, and the prisoner was discharged with a
• caution.
DRUNK AND ASSAULTING THE POLICE. William
Bridgwood was charged with being druitk and riotous
ant assaulting Police.constable Bishop, on the night of
the laele ultimo. Complainant proved the case, and eaid
that defendant struck him twice whilst he was taking hem
int) custody. Defendant pleaded guilty, and .soid he
was very sorry. Three previous Convictions having been
proved against him, defendant was fined 20s and Costa;
in default three weeks' hard labour.—Srmael Mansell
was charges with being drunk in Orren,treet, on the
night of the 14th inst. Police-constable Bryan proved
that he found the defendant lying down in the street,
drunk and asleep. Defendant, leaving been twice Forl-
ornly couvicted, was fined 20. andleosta.