The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1872-07-20 00:00:00

OLD HILL.

SERIOUS CHARGE OF FRAUD AGAINST

A POLICE•SERGEANT.

_
At the Old Hill Police Court, Co Tuesday, John Paw-
ner, police-sergeant stationed at Rowley, woo charged be-
fore Major F. 1). Lea Smith and Messrs. E. Moore and
N. Hiogley with obtaining 15e from Job Taylor, rivet
maker, of Rowley, by f else pretences, with intent to cheat
and defraud him.
On behalf of the Clerk of the Peace Mr. Addison ap-
peered ; and Mr. Honijray defended.
During the inquiry Captain Congreve, Chief Constable,

was present.
ID his opening statement, Mr. Addison expressed great
regret that he had to appear against the prisoner, who
'lnd hitherto borne an escellent character. On the 7th
of October, 1866, Taylor was arrested on a charge of
drunkenness, and on the following morning he was bailed
out by his wile, and prisoner received is 6d. As he was
proceeding to the Court on the 21st October, he was met
by prisoner, who said to him, "Give me Ts 6d more, and
say no more about it." The case was never called on,
and Taylor had not beard anything further about the

-Charge.-
Mr. Moore asked if the proeecution had a case of any
later date against the prisoner?
Mr. Addison : There are several other cases, and 1 be-
lieve one of the present year.
Job Taylor gave evidence corroborative of the solici-
tor's statement, and iii croweexamination admitted that
he bad been often summoned, and was a pretty good
customer at the Police Court.
Thomas Darby said he recollected Taylor being in the
lock-up about four yeara ago. Me paid 7s Bet to Mr.
Powner for the release of Taylor, and signed a paper at
, the sergeant's request. When witness, who Was bail for
Taylor, asked if he should have to go to see Mr. Barre, a
magistrate, the prisoner replied, -- No, 1 can do it

-
myself.-
Several witnesses having confirmed the testimony of

Taylor,
Inspector William Bowen, of Stafford, deposed : 1
produce the Petty Sessiona book and the fee sheet for the
mouth of October, 1865, kept by Powner, and returned
to the Chief Constable. There is no mention of Taylor's
case, either on the 7th, 11th, or diet October. A. police
constable in allowed to take bail, but uot make any
charge. I never knew any case where any fees were
demanded.
In cross-examination, witness said I cannot say what
is the practice as to the magistrates' clerk's fees. He
bits no right to charge when a man is Sound over by the
police. 1 never knew a magistrates' clerk charge a fee
in cases of this sort.
William Mills, superintendent of police, said that he
produced the return of fees and hues sent bun by
Powuer for the mouth of October, 1668. He also peso.
duced a return of prisoners for that mouth. In any uue
of those returns he did not tind the name of Job Taylor.
He also produced Sergeant ?owner's diary far October,
1668, and in it he found no mention at Job Taylm's
name. Upon being charged in the usual manner, pri-
soner pleaded not guilty. lie was couimitied for trim at
the next Assizes.
A further charge was then preferred against him of
obtaining 13s from Ellen Homer, Cradley Heath, on the
7th of June 11371, by false pretences. In evidence it
was stated that Ellen Bonier alliliated a child upon
Charles Deeley in June, 1671. A wairant was issued
against Deeley, and the money was paid to Powner as re-
muneration for his extra trouble
Ann Raybould, of Netherton, stated that Ellen
Homer, was her daughter. She was present at the Petty
SC3SiOI.I6 when she fathered her child. She asked Mr.
POWlier what the expenses were, awl be replied 11l Ss
Bd, aud that stun 500 paid. Deeley saw her pay the
prisoner the money. she afterwards paid loaner is
7d for fetching Deeley back from Stafford after he had
been there two months for not complying with the
magistrates' order. She also paid is tid for Healey to
be served with the summons when lie was serving in the

Police-constable Michael Isom, Old Hill, said that
from his diary lie found that on the 27th of April he went
to Stafford and served a summons on Charles Deeley,
who was serving in the Militia at that time. He received
no money for the service of that summons.
Samuel Goodman, clerk to Mr. Hayes, magistrates,
clerk, stated that the total costs in the case of Homer
against Deeley amounted to tis Bd, 12s thl justices'
fees, and constable's service ltis 5,1 and attendance at
Stafford.
Inspector Bowen said that 35 61 only was returned in
the Petty Sessions book for the service of the summon.,
but there was no entry of the 13s extra costs.
Saperiutendents gave similar evidence. There was
zio entry of the 135 in Powner's return to him.
A third charge was preferred against prisoner of hav-
ing obtained 8s by means of false pretence. from William
Smith, a labourer, of Old Hill. it appeared that prose-
cutor had had affiliated upon him two children by Mary
Potter. Witness deposed that Sergeant Powner told him
at the termination °I the trial, that the costs amounted
to £2 Is 4d, and lie handed that salt/ to that offieer. In
reply to his question shy there had been an extra charge
of Bs, Powner said it was to give the woman a start after
she came out of the Woikhouse. Powner, however, had
never handed that amount over to the woman, nor was
there any entry in his hook as to having received the
money, or what lie had done with it.
In cross-examimition of a witness named Samuel
' Goodman, who is a clerk in the office of Mr. Hayes, it
transpired that Pawner had been in the habit of receiving
instalments from persons tined, and he had to take the
money to Halesowen. When he twitness) attended Old
Hill Petty Sessions he received the fees and banded
them over to Mr. Oldenffiaw, alio is Mr. ilayes's manag-
ing clerk. When he did not attend the Sessions Mr.
Oldershaw brought back the fees to the office, and at his
instructions witness entermed them in the minis book.
Mr. Hayes here observed that he did not see what ne-
cessity there was for such a course of cross.examination,
whereupon Mr. Hoinfray said that he had to defend is
prisoner, and he should do his duty. It might happen
that all the money referred to had not been received by

P—o-vm—er.
Cross.examination continued: Witness said a clerk was
not kept at Old Hill, and Sergeant rowner had been
given forms to till up to save Old Hill people a journey
to Halesowen, In troublesome eases Powuer had been
allowed fees out of the magistrates' clerk's money. He
had paid Pawner fees, and so also had Mr.Oldershaw. if '
persons did not pay the fines at the close of the Sessions
Pawner had to receive the amount, pay the witnesses,
and hand over the remainder to the proper quarters.
Mr. Addison here asked Inspector Bowen if the police
were allowed to receive money to pay witnesses, and the
reply was " Certainly not.
Superintendent Mills said there was no mention in
Powner's returns of the 8s in question.
Prisoner was then formally committed for trial on the
whole of the charges.

On Wednesday, John Powner, sergeant of police, was
again brought up on a charge of obtaining Ss under false
pretenses, the property of Thomas Bate, Christopher
Bate, F. Westwood, J. Darby, William White, and Ed-
ward Bateman, on the 27th of March, 1872.
Mr. Oldershaw, managingclerk to Mr. Hayes, produced
his agenda book of Ohl Hill fees for the above date. and
there found the names of the above wit They, on
that day, were charged with playing at pitch and toss on
, the highway, and were ordered to pay the costs of Os
each. In the Magistrates' book there only appears an
entry of 21a for services of summons and attendance in
each. Oldershaw paid Powner that sum.
Cross.examined by Mr. Horafray : They had not made
out their returns for this quarter.
Mr. Homfray: Are those returns which you have sent
in for the last two months upon the same scale as those
you sent in previously?
Witness: Astor as I know they are. But I have not
sent any in vet.
In reply to further questions from Mr. Hornfray. wit.
Inese said he could not find the case of James Priest, under
the date of 11th Octotww. It did not appear to be en-
tered. The cases of John Hipkiss and Stephen Levi,
Sophia Cartwright, and others respecting which questions