The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1872-07-27 00:00:00

TH E STOURBREDGE OBSERVER.
.4, and

brought

they

-----
remarks

pensation for having had the charges
against him. His sister, Selina Lesser, withdrew
a sum of money from the savings bank, in order
to use it for the defence. She received a crossed
bill of exchange for the amount, and she handed
it to the prisoner, who promised to give her cash
for it, but he had never done so. In April last
Miss Lesser summoned him at the Stourbridge
County Court for the amount of the bill, and the
ease was heard by Mr. Loxdale Warren, who
, officiated as deputy-judge. After the ease for
the plaintiff had been supported by a number of
witnesses, there was a short adjournment, and
as they were leaving the court prisoner said, " 1
don't care about the judge's verdict; it will make
,no difference to me. You shall never have a
I penny." After the adjournment other witnesses
were called on both sides. There was a full in-
vestigation ; and the Judge expressed himself
satisfied that the claim was honest and true. He
gave an order for the amount of debt and costs
£57 14s, in favour of Selina Lesser, which by
law, without any express order of the judge, was
payable 1•11 14 days. As they were leaving the
court, the prisoner said in the hearing of a num-
ber of respectable witnesses, " Though you have
, got a verdict, you have not got the money." He
! showed a bundle of something which were either
I bank notes or something like them. He also
said, " Here's three times as much as will pay
you," and asked in a mocking tone, "Will you
have it now or wait till you can get it I have
got plenty of money, but you shall never have
it." Fourteen days elapsed after the trial, and
the amount was not paid. The prisoner made
' himself bankrupt for the purpose, it was said, of
defeating the claim of the prosecutrix. At one
of his examinations the judge (Mr. Warren) re-
quested that the debtor's evidence be taken down
in writing It was accordingly taken by Mr.
Evers, High Bailiff of the County Court at
Stourbridge. The following are the most mate-
rial portions :—I never in the presence of Mr.
Plant and Mr. Smart produced a roll of bank
notes, or papers purporting to be bank notes, and
said to Selina Lesser, "Here's three times more
than will pay you. Will you have it now, or
wait till you can get it? I had not a bank note
in my possession. I was formerly in business
on my own account, as a pork butcher, but I
, gave it up some time previous to this case. I
sold a horse and cart, and gave the money to my
father. 1 was present at the trial. I never said
I would never pay her, although she did get a
verdict. Prisoner, in his statement, said he
I owed his father £l,ooo,but the latter proved for
£1,740, and the brother for about £3OO. The
other debts except that of the prosecutrix, am-
ounted to .68, and the assets only reached £36.
Only three creditors signed the liquidation.—
The learned counsel concluded his address by
saying, " Gentlemen, this has been his conduct,
trying to cheat that poor girl out of her money."
Mr. Charles Evers, High Bailiff, was the first
witness called, and proved the appointment of
Mr. Lexdale Warren as deputy-judge; also the
judgment of the court, the judgment summons,
and the written statement made by the prisoner.
Miss Selina Lesser was then called, and gave
similar evidence to that which she had previously
given at the Police Court. This witness under-
went a severe cross-examination as to the exact
words she heard the prisoner use at4he adjourn-
ment of the Court. In answer to Mr. Young she
said she could swear they were the exact words
to the best of her recollection.

hard labour.

At this stage,
Justice ()mini remarked that he very much
disapproved of the mode of cross-examination,
and must protect the witness. He could not
allow that kind of minute criticism in cross-ex-
amination. The words used on both occasions
were substantially the same.
Mr. Young remarked that after that intima-
tion he would not pursue the examination fur-
ther on the point, but shortly after took the wit-
ness to task for saying they were .t 5 notes she
had sen in the prisoners' harrfis, whereas she had
never seen them unrolled. The witness then
corrected herself by saying that what she meant
was, they were bank notes.
His Lordship said he should tell the jury that
it did not make the slightest difference to the
issue whether the notes were waste paper, blot-
ting paper, or hank notes. It was what the pri-
soner represented them to be by saying, " Hero
is three times the amount that would pay you;
but you shall not have a penny."
Mr. Young said it affected one of the allega-
tions, which they had to meet.
His Lordship said he had power to amend the
declaration, under Lord Campbell's Act, and
should do so.
Julia Lesser was the next witness called, and
corroborated her sister as to seeing prisoner pull
out a bundle of notes, and saying that there
was three times the amount to pay her sister,
but she should not have a penny. This was re-
peated several times in the passage of the Court
and in the High-street; and Mrs. Whittaker said
to prisoner, "Pull them out, and show 'um
them." Prisoner also pulled them out by Mr.
Field's shop, and sheak them at her sister as she
was returning home.
Baron Marks, clothier, High-street, said that
he saw the prisoner pull out a roll of paper as
he was coming through the County Court pas-
sage with the Leasers, and said there was three
times the amount to pay Miss Lesser, but she
Shollla rot have a penny. This was repeated
several times in the High-street, and as he was
standing by Mr. Field's shop he pulled thins out
again, and asked her if she would have it nevi.
Or stop till she g t it. He believed them to be
bunk notes.

binicon Field, printer, was also called, and
said that Its he was talking to the prisoner in
the passage he (prisoner) pulled out a roll of
pap..r end said to Miss Lesser, " Here is three
times the amount to pay you; but you shall
never have a penny."
In answer to Dr. Kenealy, witness said be
believed them to be bank notes. Prisoner also
repeated it in the High-street, and by witness's
shop and as the Lcssers were going away,
Prisoner shouted out to them, and asked them
if they would have it now or stop till they got
it; when Jacob Lesser said," Mr. Field, report
that ; put that down." Witness remarked that
it was but little he should report.
Jacob Lesser, of Birmingham, also corrobora-
ted the last witness, and said that prisoner pulled
out of his pocket what he believed to be bank
notes, flourished them at them in the passage,
and in the High-street, and said there was three
times the amount to pay them, but they should
not have a penny.
Dr. Kenealy remarked that he had other wit-
nesses to call, but thought he had called suffi-
cient to prove the perjury.
Mr. Young said he should not call any witnes-
ses, and
Dr. Kenealy addressed the jury. In doing so
he said it did not matter whether the notes were
.E. 5 or £lO notes; that was not the question at
issue, and as the Judge would direct their atten-
tion on that point he would say no more. But
this he would say, that his friend had endeav-
mired to arouse a prejudice against the Leasers ;
but the jury had heard sufficient to show the
fraud which the prisoner had committed, and
which he had attempted to cover by a wilful, de-
liberate, and wicked perjury. His friend, also,
instead of dealing with the real facts of the case,
had attempted to smash the indictment by legal
quibbles. The learned Counsel next referred to
the conduct of the prisoner towards Miss Lesser.
He had not only told her she should never have
a penny, but to prove what he said, had followed
it up by milking himself a bankrupt to cheat her
out of her money; and the largest creditor who
had proved his debt was prisoner's own father
for :t1,479 13s; the brother Arthur Pearson,
£147 1.3 s lid; and four other creditors of smaller
amounts— friendly creditors. He considered
that perjury had been committed in this case,
and pejury was on the increase, and he hoped
and believed that the verdict passed that day
would do something towards stopping it.
Mr. Young replied in an earnest appeal to the
jury, for the prisoner. In doing so he said there
never was a greater amount of vindictiveness
introduced into any previous case in any court
of law, than there had been in bolstering up this
prosecution. Even his friends had apparently
been infected with the same spirit, which he
considered had introduced into the case a quan-
tity of extraneous matter. He had been charged
with meeting the case with legal quibbles.
His Lordship said he need not go into that, as
ha had only taken such objections as he was per-
fectly entitled to.
Mr. Young then went through the evidence
given, and contended that the case of perjury
had not been made out, and hoped the jury
would deal out justice fairly to his client.
His Lordship then slimmed up, going carefully
through the evidence of the various witnesses,
and drew the attention of the jury to the fact
that no witness had been called for the defence.
The prosecutrix had sworn that Mr. Plant and
Mr. Smart were present, and must have seen the

nOtes na... HEAVY THUNDERSTORMS.
made. Arthur Pearson, Mrs. Whittaker, and ---
Emma Pearson had also been named, and were On Thursday morning about 9 o'clock, this town was
in Court, but they were not called. The jury visited with a vary heavy thunderstorm. The rain came '
Would put their own construction upon that. down in torrents, and the lightening was very vivid.
But the question for the jury to decide, was About I o'clock another heavy storm broke over the town, '
whether what the prisoner had sworn in the accoml witltremeoduous peals of thunder, which
County Court was material to the issue. His resembled
swiling wasemvoregyitt'ellins trat eovfera"u4'irlerydtogrmnactohe
Lordship then went through the evidence given tinued for nearly two hours, and it Is said by many con-
Lordship
the County Court, at which he said a claim the oldest inhabitants of the town, that they never wit.
s bottomessed soufc
tie
iliac sttuowr in.
were
rteh
floutedeir !ir s .utuArlel
or
thel
ehouse,ss, a uaut thethe
was made for £4O. Judgment having been
given for plaintiff, the money not being paid, Velaurrsufillluel
to
uttut wtreatrn,thle barrels floating on the top.
othieveus.w.eugeettueintuthrue immediate
sue took out a judgment summons, in which case
vicinity of the toiyvn, but
it is necessary for the plaintiff to prove that the
defendant is in a position to pay. Miss Lesser inconsiderable. A large tree on Hanbnry Hill ja!' resets
I were struck by the fluid, and many were washed away by
in pieces, and a number ot treed near Mr. Foster's works
gave evidence to the effect that prisoner, as she
i au.: water.
was
young man in the employ of Mr. Preece,
WaS going out of the Court, and in the street,
said, pointing out something to her, " Here is
three times the amount to pay you; but you kize
uu ,Higshe-nlaugezdaiundttithteing
lightning
waterk-closet
°intuits
shall never have a penny." Prisoner, in reply, work tearing it in shreds. The gman had just gone into
was sworn, and denied ever saying suchanwdordhse,
~ tntemrio,uamf belowor some
timee
awns:, struckbtt
lie dwoaws
jTahr ee dr.esilerancaen
unfacmaepdtaWinilldy,uattriPgeensuir
iitt,ugwia:y,stwrauuckstdreuaudk,
n'notHsierioaursuly sins
and this was the charge of perjury,
should now leave it to the jury.
After a short consultation, the jury found the
by the lightning, and the roof smashed in. The electi ic
prisoner guilty, current passed down the kitchen chimney and tore the
His Lordship, addressing the prisoner, said :i toterpdkal;tueiootflUttuhge,
the reef
Aufbio.)art half-past 4
stou'iculeoc kietty es
The The jury have very properly found you guilty.
The offengp is a very serious one, and I will pass with a terrific crash, owing to the violence of the storm.
such a sentence upon you that will be a warning ....--
to those who live in the district where you come
from. I sentence you to 18 calendar months'