The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1875-05-15 00:00:00

BRIERLEY HILL.

IMPORTANT TO LICENSED VICTUALLPSRS AND

GROCERS.

On Monday, at the Brierley Hill Police`Court, before
Messrs. H. 0. Firmstone and H. Smith, William Storer
Shepley, grocer, carryink on business in High Street,
Brierluy Hill, was summoned for exposing for sale wines
and spirits on his premises on the 27th Feb. at the hour
of 11 25 p.m. He was further charged with expo.ing
wines and spirits during prohibited hours, with keeping
open during prohibited boars. and with having kept his
house open for the sale of liquors during prehiMted
hours at the same time, vii 11 25 p.m. Mr. Young.
barrister (instructed by Mr. Waldron), appeared for the
prosecution, and Mr. Motteram, barrister (instructed, by
Mr. Angell, of Birmingham), for the defendant.
Mr. Young, in opening the case, said be wished. with
the concurrence of his learned friend, to take all the
suounonaes together, as the primary object was to test
the question whether groesre were allowed to remain
open after eleven o'clock, they having licences for the
sale of intoxicating liquors. The only object there was
in having four summonses was in consequence of the
peculiar language of the Act of Parliament. The charges
were laid under the 3rd section of 37 and 37 Vic„ c. 49,
which was the Licensing Act of 1874. The question was
whether defendant, he being a grocer and selling intoxi-
cating liquors, was bound to close his premise. at eleven
o'clock at night, which was the hour licensed victuallers
were obliged to elese. He contended that defendant must
close at eleven o'clock, as the object of the Legislature
was to prevent an evasion of the Act, that wai to put a
stup to persons, under the guise of grocers, selling in-
toxicating liquors during prohibited hours. If that
were not so, all that the licensed victuallers would have
to do would be to sell tea and take every opportunity that
might offer of selling liquors. He had now stated the
facts, and he might also state that whatever the decision
might be, he and his learned friend had agreed it would I
be desirable to have the law interpreted by a higher 1
tribunal, so he hoped the justices would grants caie. He
then called Police•sergeant John Richards, stationed at
Brierley Hill, who said he knew the defendant's premises.
Defendant was, grocer, and also sold winos and spirits.
Oh the sight is pieties, et 11 Si, he visited defmteat's

shop, which was open, and bought }lb of tea. In each
window there were cards containing the prices of certain
spirits. The wines and spirits were kept on the left hand
side of the shop door. The defendant was serving in the
shop.

lii cross-examination, witness said he had seen notices
in the windows to the effect that wines and spirits could
not be supplied after eleven o'clock at night. Fie did
not ask defendant for either wines or spirits, only for
tea.

Mr. Motteram, for the defence, contended that his
client had a perfect right to keep open after eleven o'clock
if he thought proper, so long as he did not expose for
sale or sell intoxicating liquors. He then, at some length,
quoted the Act of Parliament bearing upon the question,
and showed that though the Act directed all premises in
which intoxicating liqaors were sold to be closed at
eleven o'clock at night, it did not inflict any penalty for
any infringement. Consequently, the mere fact of not
closing was not an offence. It was a contest between the
licensed victuallers, on the one hand, and the grocers on
the other, and the Court of Queen's Bench would have
to decide the point.
th en called George Johnson, ansistant to the defen-
dant, who said there was a blind hung over the spirits,
and the notice to the effect that spirits could not be sup-
plied after eleven o'clock at night was hung on the blind.
The wine and spirit portion of the shop is never open
after eleven o'clock at night. Since defender t bad been
summoned, notices were issued informing the public that
wines and spirits could be had np to eleven o'clock every
night. Before that the shop used to be closed soon after
eight o'clock. •
The Magistrates then retired, and on again returning
into Court, Mr. Firmstone said they had given very care-
ful consideration to the case and they dismissed No. I,
bedtime they considered there was no evidence that de-
fendant did expose for sale on his premises wines and
spirits after eleven o'clock at. night. No. 2 was dismissed
for the same reason; No. 3 was dismissed because there
was no evidence that defendant kept open his premises
for the sale of intoxicating liquors during prohibited
hours ; and in No. 4 they considered defendant had been
guilty of an infringement of .the Act, as there was no
doubt he was bcund to close his premises, inasmuch as
he had a wine and spirit license, but, as there was no
penalty attached to it by law, they must dismiss that
also.

Mr. Young then applied for a case, in order to have
the question definitely settled by a higher Court.
The Bench willingly granted the application.

EXTENUIOII OF 'rms.—Before Messrs. H. 0. Firmstoue
J. Holcroft, and H. Smith, Mr. Waldron, on behalf of
the licensed victuallers, made an application for an ex-
tension of time. on Whit-Monday and Tuesday. rhe
Bench granted the application to all those who had not
been convicted ; but to those who had been convicted the
extension of time would not be granted.
Crttuoit OY TRESPASS —WilliaM Slater, John Pearce,
Joseph Slater, John Powell, John Mynett, William Rey-
nolds. and Abraham Pearce, were charged with trespas-
sing on land on the 18th instant, at Wall Heath, in the
occupation of Lord Dudley. Mr. ffolberton appeared to
prosecute, and Mr. Clulow defended. Thomas George,
watchman to the Earl of Dudley, said about half-past
three o'clock on Sunday he saw a gang of men in the
" Sand Hole," some of them stooping. He went close
to them, and saw the defendant John Pearce come to the
top of the hill. William Slater put a net over the rabbit
hole, and put down a ferret. John Pearce said to Salter,
"Goon to the hill and look both ways " Witness Saw
all the other defendants on the opposite side of the bury,
where the rabbit holes were. Witness went up to thew,
and they had a bottle of ale with them and asked witness
to drink. He refused,. and told . Slater that he tiad been
using a ferret. Slater told witneas he was a liar. 'Wit-
ness told them they would hear of it again. One of the
men -said it was Sitters fault that they used the ferret.
Witness would swear he saw the ferret.; ,Was from forty
to fifty yards away. William Ludlow proved that he saw
three men ferreting for rabbits. Could not say defend
ants were the men. Mr. Lucas, head-keeper to the Earl
of Dudley, proved that the ground in question was pre-
served for game.—Mr. Clulow addressed the Bench for
the defence, and denied that the men were poaehing; but
said they had a bottle of ale with theta, and were haying
an afternoon spree. He should admit that the men Were
on trespass, but not in search of rabbits; and called
William Malpas to prove there was no ferret Or Any
poaching going on. The Bench
,said they had a doubt,
and should give the defendants the benefit of it, and dis-
miss them with a caution.

CUARGE or POACIIINO.—nomas Hanley and Thomas
Jones were charged with being on land in pursuit of
pme, on the 2nd inst. Mr. Illolberton prosecuted. Louis
Sproston, keeper to the Earl of Dudley, said that he saw
the two defendants and others, in a field at Cross Farm
They came from the direction of LawneWootl. They bad
two lurcher dogs with them, and he saw them pursuing
a Late. Thay followed the hare for a long distance. It
was about five o'clock in the morning A witness gave
corroborAtive evidence. Previous convictions were
proved against both of the defendants. Fined 20a and
costs; in default one month.—A. similar chargOkas
made against Thomas Ready, who did not appear, and as
there was no previous conviction against him, he was
fined 5s and costs.

DRUNK AND REFUSING TO QUIT. --- Joseph Haskins
was charged with being drunk and refusing to quit the
Rock's Hill Tavern. The landlord said the defendant
was not drunk, but refaced to leave, and was quarrelsome.
A Police-officer also gave evidence, but said the defend.
ant was not very noisy. Ordered to pay costs.
CHANGS OF STEALING MONEY. - Sarah Hopkins was
charged with stealing thirty shillings, on the '2nd instant,
the property of John Dangerfield. Mr. Clulow defended.
Prosecutor said he kept the Dog and Partridge Brierley
Hill. Prisoner had been in his employ as servant. On
the first of May he missed 12 shillings from a box in his
bedroom. On the Thursday previous he markel three
pounds worth of gold and silver. Ou Monday morning
the 3rd of he missed a sovereign out of the bowl in the
box. The sovereign and half-sovereign produced were
his property. He marked them with a file.—Police-ser-
geant Richards said in consequence of information re-
ceived he went to the prisoner on the Bth May. She
handed him two pounds one shilling, amongst which were
the sovereign and half sovereign produced. He took her
into custody, and charged her with stealing thirty shil-
lings the property of Mr. Dangerfield. She said, "1
have not stolen it; ask Mr. Dangerfield tá forgive me."
She then went into the house and asked prosecutor to
forgive her.—Prisoner was committed for trial at the
next Staffordshire Sessions.

_
CUARGE Or BULLING DUMMIED MEAT.—At the Police
Court, before Messrs. J. Holcroft and H. Smith, Dennis
Hawkas butcher, Birmingham, was charged with having,
on the Srd ult., exposed certain joints of veal for sale, in
the Brierley Hill Market Place, the same being unfit
for the food of man. Defendant was further charged with
exposing a carcase of veal for sale, which was unfit for
food of man, at the same time and place.—Mr. Holberton,
of Brierley Hill, prosecutes on behalf of the l3rierle3'
Hill Local Board of Health, and Mr. Dale (of the firm
of Duignan, Lewis, and.Co,), Walsall, defended. It will
be remembered this cue was adjourned by the Bee)
for the production of $ meat inspector from Birminghamf
and oa Monday Josiah Mason, dead meat inspector at
the Birmiaghant Smithfield market, was called. He
said he recollected examining a number of calves in Mr:
Wright's slaughter•house on the 2nd tilt. They were all
perfectly sound, and fit for food. If the meat had been
diseased, he should not have passed it. Ile inspected
200 calves in about five minutes. If veal, was diseased,
the flesh would be of a dark red colour and wet. The
magistrates then retired, and on again entering the
Court, Mr. Helcroft said they had given the case great
consideration; that:Beekley (Inspector of Nuisances), in
destroying the meat after receiving a telegram from Dr.
Hill, had dons wrong; they thought Dr. Hill, should
have had the same opportunity of examining the meat as
the other medical men; therefore, as they considered
there was some little doubt ia the case defendant would
receive the benefit of the doubt. Both charges were
then dismissed.
SCHOOL BOARD PitoszcuTroxs.--At- the Police
Court, on Thursday, before I. Spooner, Esq., Stipen-
dary, a number of persons were summoned by Ver-
ney Breton, for neglecting to send their children to
school, and in most Cases they were ordered to pay a
fine of 6e.

STRIKING.). WOMEN.—David Ward was charged
with assaulting Sisera Wassell on the Bth inst. Com-
plainant said she met the defendant at Brockmoor,
on the above date, when defendant struck her a vio-
lent blow on the mouth, and loosened her. teeth. Mr.
Spooner: If you like to give the complainant a sov-
ereign I will not commit you. You have no right
to strike a woman. If you don't pay the money at
once I will commit you, and it will be more money.
Defendant then paid the money. •
ASSAULT CASE.—Rettben Bloomer was charged
with assaulting Jabez Bloomer on the 2nd. Com-
plainant said that he met the defendant on the night
in question, when defendant began to curse him and
" tupped" him twice in the face. A witness gave
corroborative evidence. Defendant denied the charge
and sa.id that the complainant put money down to
fight him, and put his fist into hie face. Fined 2s. 6d.
and costs.

DRUNK AND ASSAULTING} THE POLICE.--William
Foley was charged with being drunk and disorderly
on the 11th inst. Defendant was further charged
with assaulting Police-constable Holland on the same
date. Mr. Addison defended. Complainant said as
he was in High street on the day in question.
When near the Hors Shoe Inn, he saw the defend-
ant strike a.woman. He alsO struck a Man. He
remonstrated with him, and took him into custody.
Defendant was very drunk and disorderly. Whilst
taking him into custody defendant bit his hand.
Police-constables Godley and Holland*gavy corrobo-
rative evidence. Mr. Addison, for the defence said
that his client was assaulted by a woman first,andat
that time the complainant came up, . He innst, admit
that his client was-drunk, aid riotous, and that the
officer struck the defendant with him handcuffs and
the latter was injurci on. his hand by the bandctffs.
Harriet Isaac'a said •thot the defendant struck
and the police Caine up at the time, and struck ie.
fendant with his handcuffs. For- tiling the'polise,
defendant' was tined two guineas and coats; in.de-
fault six :weeks hard labour.

Good value/or money is desired b 7 all, with articles
that cannot be judged 'of by appearance, careful put,
chasers rely on the high standing of those with , whom
they deal. For 90 years, Roraima's Pure Teas in
packets have given general satisfaction, being exceedingy
strong, of uniform good quality, and truly cheap. Agents:
Stourbridge—Clarke, 151, High-street; Baker, 124, High-
street; Hewit, Market Place; Morris, 136, High-street,
Brierley Hill—Rawlings chemist ; Kidderminster, Dui-
Ring ; Halesowen, Adam, chemist; Lye, Jones, chemist,
Wordsley, Turner, chemist; Kingswinford, Pearson,
Brettel Lane, Collings, chewist ; llirminghaat, Beaks,
Bull Ring.

Bryant and May beg to direct special attention to thair
New Oval Pocket Vesta Boxes, with Patent Spring Cov-
ers, which are entirely free from all Rough Edges and
Sharp Corners, and admitted by every one to be the Best
and Cheapeat Pocket Box ever produced. Retailed every
where &Wm. Puny. Pateotees end vs'. manufacturers
Erna% nd Kay, Landon. le

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