The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1872-03-30 00:00:00

THE STOUBMITGE 013SERTFP.

days; that at the expiration of that time plain-
tiff became busy, and informing defendant of it,
defendant said he might leave his part of the
work, and he would pay him for what he had
done. After hearing the evidence, his Honour
gave a verdict for plaintiff.
Ilynett and Gi2iings v. Green.—RUNNING
)OWN JURY CASE.—This was an BRUM brought
to recover the sum of £lO for injuries received
by the plaintiff through the alleged negligence of
defendant. Mr. H. Sanders, of Kidderminster,
appeared for plaintiff, and Mr. Collis for defend-
ant.—The plaintiff resides at Kidderminster, and
the defendant is a wheelwright residing at Kin-
ver. The case was heard at the last Court, and
the Judge, after hearing the evidence, directed
that it be tried before a jury. It appears that
on the 12th November last plaintiff, with his
wife and friends (six in number) drove from Kid-
derminster to Wolverhampton. On returning
home, and when some 500 or GOO yards from the
Stewponey Inn. Hynett, who was driving, saw
something coming towards them. He shouted,
"Look up," but defendant took no notice, and
continued to drive towards them at the same
rate. Plaintiff pulled up on one side of the road,
but notwithstanding this the wheel of defend-
ant's trap caught the wheel of his trap, pitched
him out, and defendant's cart went over both
Hynett's legs and injured them, but did not stop
him from work. Gittings was injured on the
arm and leg, and had to leave work for a week
and pay surgeon's bill, which amounted to £2 6s.
The trap was injured to the extent of 7s 6d, and
the oils had to Ilynett's leg cost 9s. A number
of witnesses were called for plaintiff to prove that
the accident was caused by defendant's negli-
gence, and that plaintiff was sober. Mr. Collis,
on behalf of defendant, contended that the ac-
cident was caused by plaintifrs own negligence
and reckless driving, and called witnesses to
prove that plaintiffs were not sober. His Hon-
our carefully summed up, going through the
evidence, and said it was for the jury to judge
which side they believed as the evidence was
very conflicting. The jury found a verdict for
plaintiff for £5.

Hand v. Goldiny.—This was an action to re-
cover the sum of £5 9s 9d for hops sold
.t? the

defendant. Mr. Homer appeared for plainliff,
who said that he sold the hops to the defendant,
on three months' credit. Defendant had not
paid the money. The defence was that plaintiff
agreed to give six months' credit, and the time
was not up. Verdict for plaintiff to be paid in a
I month.

fienj«min Hower v. Caleb Hardy.—This was
an action to recover the sum of I:17 18s balance
of account Mr. Homer appeared for the plain-
tiff, and Mr. Collis for the defendant. Plaintiff
said that in October 1865 he sold a waste cinder
mount to the defendant for ..e2.5. Defendant
paid him £5 on account. Defendant has also
done some hauling, for which he had allowed
£2 2s, leaving the balance now claimed. There
was a memorandum made at the time as to the
amount. Defendant has since told me that he
would pay the amount. The defence was that
plaintiff could not read; that it was past the
statute of glimitation, and he had given the
plaintiff notice to that effect; and that the con
tract was made with Glaze as well as the defend-
ant. A long legal argument ensued as to
whether the action should or should not have
been brought by Glaze and Homer who were
partners at the time of the contract, and his
interest having ceased in a few weeks after the
contract had been made. His Honour remarked
that it was possible for him to amend the sum-
mons. After some farther discussion, Glaze
was called, and said that be went to a sale and
purchased some hundreds of pounds' worth of
goods, with Homer, who sold a cinder mount to
the defendant. Within a month his interest
ceased with Homer, when the accounts were
balanced, Homer received the .£5 paid by the
defendant towards the amount. Mr. Collis con-
tended that Glaze ought to have been a plaintiff,
and the summons was amended. Mr. Collis
said there would have been a mutual credit. His
Honour said that he would adjourn the ease to
consider whether the plaintiff could sue, and
give his decision next Court day.
Se, Caygell v. 'William Hall leins.—This was
an action to recover the sum of £l3 lOs for
monies recived for rent by the defendant, from
one James Conway. Mr. Perry appeared for the
plaintiff, and Mr. Clulow for the defendant.—
Mr. Perry remarked that the facts were very
simple. There was a public-hones called the
Hole-in-the-Wall, belonging to Isaac Porter,
who let it to a person of the name of Martin
51cliale. A short time ago Mr. Porter made
some arrangement with his creditors, and inert-
gaged the Hole-in-the-Wall to the plaintiff.
McHale, who was in difficulties, sub-let the
house to James Conway, with the consent of
Porter. The mortgagor filed his petition in
Court, and notice was taken by the mortgagee
at night to Mr. Hawkins. who is an anctioneer
at Brierley Hill, not to pay the money to Con-
way. Defendant afterwards waited upon Messrs.
Pearman, Gould, and Eloock, solicitors. Mr.
Elcock, one of the firm, informed Mr. Hawkins
what was due, and defendant said that he would
take care that the money owing for rent should
be paid. The mortgagor had given defendant
notice to stop the rent, and Mr. Elcock saw the
defendant after the sale, who asked him to give
him an indemnity, and he would pay the money.
This was refused, and he believed defendant had
paid it over and received an indemnity from
the person to whom ho had paid it; but that
did not affect his client, and the present action
was to recover the money.—lsaac Porter, hatter,
said he owned the Hole-in-the:Wall public-house.
When he bought it a man of the name of Martin
McHale was tenant, and continued to be so for
some time, when he sub-let it to a man of the
name of James Conway, who had a sale of his
goods, and Mr. Hawkins was the auctioneer.
Mr. Hawkins said that Conway had left in his
possession .£l3 lOs rent due to pay him, or some
one else, whoever would take it. He afterwards
told him that he had put the money in the bank
until the question was settled. He knew that
the mortgagee had given the tenant notice to
pay the rent. Cross-examined The date of the
mortgage was 9th September, 1869. Menge
was then tenant. I remember the 3rd August
last year. At that time MoHale ceased to be my
tenant, and Conway became tenant. I did per.
mit his name to be placed over the door, as
McHale was in difficulties and his furniture was
sold, and the license transferred to James Con-
way. On the 9th October I received notice from
the mortgagee. On the Bth January this year
my petition was filed, and on the 27th another
meeting was held. After my petition was filed,
Conway issued bills for the sale of his goods.
—Mr. Clulow said it was entirely a point of law
to be settled, and he thought it would take some
time.—Mr. Perry concurred, and as the Judge
could not sit any longer the further hearing was
adjourned until next Court day.

—arca (disqualified) ; Quarry Bank: *G.
; St. Mary's :*E. Fereday ; Wordaley :
Baker; Lapel: W. Wright; Lutley : *T.
Wight; Ridgacre .Foley; Stourbridge *B.
Brooks, 'H. Billingham, ,-F. J. Haskew ; Upper
Swinford : Griffin; Wollaston: J. Guest;
Cakemore : Rev. T. Keatch.
VESTRY MEETING.—A vestry meeting was held
at Oldswinford Church on Monday morning last,
with reference to the enlargement of the
churchyard. The Rev. C. H. Craufurd was in
the chair. It appears that in about a month or
six weeks the ground last added to the old
churchyard will be full, and immediate steps are
necessary to provide additional ground. Inter-
ments have been made in the older part of the
churchyard, but as this has led to the disturb-
ance of the old graves, it has naturally given
public offence, and we understand that a com-
plaint is about being made to the Bishop of the
diocese on the subject. The further extension
of the present burial ground, it was stated,
would be opposed by residents in the locality,
and the general feeling in the meeting appeared
to be that a public cemetery must be provided
before very long. As, however, it was out of
the question that a cemetery could be established
by the time the present burial ground will be
full, and as further interments in the older part
of the churchyard were deprecated, it was re-
solved that to meet present necessities a small
addition should be made to the churchyard,
under the Church Building Acts, under the ad-
vice of Mr. Holland, Burial Board Assistant
Commissioner, whose early attendance Mr. E.
Bernard undertook to apply for.
NONCONFORMIST ASSOCIATION.— On Tuesday
evening last a Conference of Nonconformist
ministers and laymen was held at the Vestry of
the Congregational Chapel, High-street, to con-
sider the desirability of forming a Nonconfor-
mist Association for Stourbridge and district.
The ministers of nine congregations and several
laymen were present. The Rev. James Rich-
ards was called to the chaii.. After considering
at some length the position and duties of Non-
conformists, the meeting unanimously resolved
"to form a Nonconformist Association for the
district of Stourbridge, Wollaston, Brettell
Lane, Brierley Hill, Cradley, Cradley Heath,
and The Lye, to be called the Stourbridge Dis-
trict Nonconformist Association ;" and that" the
object of the Associatioa shall be to promote the
attainment of cps' rights by all sects and par-
ties in regard to all social, educational and reli-
gious interests." Membership is open to per-
sons "concurring in the objects of the Associa-
tion, and subscribing to its funds not less than
one shilling a year." A large Committee for the
ensuing year was appointed, with IMr. Frenk
Evers, J.P., as President; Rev. J. Richards,
Rev. W. Cochrane, Mr. R. H. Smith, and Mr. J.
W. Clulow, Vice-Presidents; Mr. Henry Billing.
ham, Treasurer; and the Rev. D. Magirnis,
Hon. Secretary.
GREAT WESTERN TRAIN.—We are informed
that on and after the let of April, third class
carriages will be attached to all the trains be-
longing to this Company. This, no doubt will
be a great boon to many persons.
THE FAIR.—The annual fair was held On Mon-
day last. The cattle and horse show was very
meagre, and the weather being cold, the attend-
ance of persons was not so numerous. A great
, portion of the fair was held in Foster-street (a
' place very suitable). There was also the usual
shows, swing-boats, and at the back of the
market.
A CANNIBAL IN TROUBLE. —At the Police
eourt, on Thursday, before Major Fletcher & R.
L. Freer, Esq., Edwin Stringer, shoemaker was
I charged with maliciously wounding one John
Allen' at Wollaston, on the 26th just, by biting
his ear off. Mr. Addison said he appeared to
prosecute. Superintendent Freeman: Allen,
have you engaged a solicitor? Allen: I have
not engaged anyone. That young man (Mr.
Addison's clerk) took me into a public-house,
and took my statements down. If Mr. Addison
takes my easel shall not pay him. Major Flet-
cher: Notice will be taken of this sort of thing
if it happens again, and I shall consider it my
duty as a barrister if there is any repetition of
that sort of thing to report it to the Law Insti-
tute. Mr. Addisea : I did not know anything at
all about it until I came here. Superintendent
Freeman : Your clerk did if you did not.—Pro-
secutor said he was a shoemaker, and lived at
Brettell Lane. On the above date he Was at the
Plough Inn, Ridge Top, in company with Rich-
ard Adams and prisoner, between two and three
o'clock. They were enjoying themselves very
comfortably until about six o'clock, when priso-
ner went up to him and took hold of him with
his two hands round the neck. Witness thought
prisoner was going to whisper to him, and turned
his head round. As he did so, prisoner bit his
ear nearly off. There was no misunderstanding
between them. They only had an argument.
They struggled together and fell on to the
ground, when prisoner kicked him.—Richard
' Adams, shoemaker, Euville-street, gave corro-
borative evidence.—Joseph Burton, the landlord
of the Plough Inn, said the parties were in his
house on the day in question. He heard a scuf-
fle, and found prisoner on the top of prosecutor.
He pulled him off, and saw that prosecutor's
face was bleeding.—Dr. R. L. Bayley said pro-
secutor went to his surgery on the 24th, about
nine o'clock, and he discovered that a large por-
tion of the back of the ear was off. It was
clean off, and looked as though it had been done
by a bite. It was jagged, and could not have
been done with a knife. It would be a disfigure-
ment for life.—On being charged, prisoner said
"I do not know anything about it. I have no-
thing to say."—Prisoner was committed to take
his trial at the next Worcester Sessions; bail
being accepted in two sureties of £2O each, and
himself in £4O.
DRUNK AND INCAPABLE.—At the Public Office,
On Tuesday, before W. C. Firmstone, Esq.,
Samuel Hodgetts was charged by Superintend-
ent Freeman with being drunk and incapable on
the previous night, in High-street, Parish-con-
stable Daniel Bud proved the offence, and the
defendant was fined 5s and oosts.—William
Hollis was also charged with a similar offence.
Police-constable Payne proved that he saw the
defendant in High-street, on Monday. He was
quite drunk. Fined 55 and costs.
VETERINARY SURGEONS' ASSOCIATION.—The Twenty-
first General Meeting of the Midland Counties' Veterinary
Association, was held at the Hen and Chickens Hotel,
Birmingham. on Tuesday last, at 2.30 p.m. The Presi-
dent, F. Blakeway, Esq., of this town, in the chair.
There were also present :—Messrs. Proctor (Coventry),
Pyatt (Nottingham), Markham (Rugeley), Corless (Staf-
ford), Price, jun. (Birmingham), Hill (Wolverhampton),
the Secretary, &c., C'e. Letters of apology were received
for non-attendance from Messrs. Greavea (Manchester),
Dayus (Herrington), King (Melbourne), Vossele (Sand.
acre), Perrins (Worcester), Cartwright (Whitchurch),
Martin (Chesterfield), and Colshaw (Derby). After the
minutes of the last meeting were read and confirmed, F.
Blakeway, Esq., was unanimously re-elected President
for the ensuing year. Messrs. Pyatt, Hill, and Price
were elected Vice-Presidents; Mr. A. B. Proctor, re-elec-
ted Treasurer, and Mr. M. Palfrey, Secretary. A circu-
lar from the North of England Veterinary Medical Asso-
ciation was read, and elicited considerable discussion.
Some specimens of disease were hid upon the table,
among them an interesting case of naviculitr disease in
both hind feet. The next meeting was appointed to be
held in July, at Derby, when the Preeident will deliver
the inaugural address. A vote of thanks to the Presi-
dent, terminated the proceedings.
ACCIDENT.—In accident occurred at the fair in Foster-
street, on Tuesday night, to a man named William Tay.
ler. It appears that Taylor Wrti engaged in taking down
aome swingboats, when a portion of the woodwork fell
upon him and broke his arm, and the man is going on
well.