The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1874-05-30 00:00:00

IMPoRTANT FRIENDLY SOCIEI CASE AT

HALESOWEN.

.

At the Halesowen Petty Sessions, on Tuesday, before
Messrs. Ferdinand 1). Lea Smith, William James, F. W.
U. Barra, and Henry Howard, a case involving a point of
considerable importance to friendly societies came on for
bearing. The complainant was Josiah Shilvock, and the
defeunant John Joule. a trustee, and Thomas Nudge, the
president of the ludepenSent Friendly Society, held at
the National Schoolroom. lialesowen ; and the charge
against them was that they did wilfully apply the sum of
e. 5. from the funds of the society to certain purposes other
than those directed and expressed by the rules of the mild
society, namely, to the purpose of contributing to the
defence of certain persons charged with misdemeanour.
The cane had been before the magistrates on two pre-
vious occasions, but was adjourned because the secretary
of the society neglected to appear to produce and explain
his books.

Mr. liomfray appeared for the complainant, ani Mr.
Stokes defended.

In opening the came, Mr. Homfray states that at the
recent Parliamentary election for Last Worcestershire
some serious riots took place, and the participators in
these riots were afterwards charged at that Court and
convicted of that offence. On the Pith of March the
member. of the Independent Friendly Society met at the
National School Room for the payment of their meal
monthly contributions, and after making up the books it
Wall found that there was a balance in hand of .tis. 13s. 81.
One of the members present proposed that a sum of A 6.
should be paid to the defence fund of the rioters, and
although the complainant read the section of the Act of
Parliament bearing upon the point, and also Rule 6, which
provided that all moseys received should be applied in
carrying out the objects of the society, to the rules and
.able• thereof, and that any officer misapplying the fends
should repay the same, and be excluded, the reeolution
was put to the meeting and carried. The three truslees
were present, but two of them, Messrs. Taylor and Price,
refused to have anything to do with the matter, and the
defendant Jones, who was the other trustee, then asked
who would take the money to the secretary of the defence
fund. The defendant Budge stated that he would take it,
and Jones then took the money trout the table and handed
it to Badge, who petit into hie pocket, and walked away.
Mr. Homfray then referred to Rule 1, whih stated that
ti • contributions and all other moneys received on behalf
of the society should be applied towards the relief of sick
and infirm members, and of such as ehould be enable to
work, and to provide for the burial of deceased members,
and in certain cases for the burial of members' wives.
The complainant was then called, and gave evidence Ii
support of Mr. Hoinfray's statement. In crompexamina.
Lion he awed that he was at the annual meeting on the
previous day, and heard the accounts read, and the
b..lence found to be due was handed over by the defend-
aLt Joni'.

John Taylor and Charles Hackett gave eorroborative
tesnmony, and the secretary (Edward Basterfield) was
than called ta produce his books. The minute book,
each book, contribution book, and bank book were
examined by the magistrates, but no entry could be
found in either of the money. The secretary we. then
examine by Mr. Homfr ty, and stated that each trustee
received 7a. 6., and the president 10a. per year. It had
never been vaned until last meeting. He denied that
'd .7 aul 'ant: A-
"
any money had been pad away. On the 16th of March
the cash rec,s
£l6. 6s. bd., and the
payments to the sick lc; £ll. 12,1, leaving a twine...
£5: 13a. 81. He made no entry of the resolution passed
at that meeting, because it was not a regularlysummoned
meeting.
Cross-examined: It was his duty to keep an account of
all moneys paid on account of the club. No part of the
funds had been appropriated is any other way than as
entered in the cash book. There was no entry of ft. to

be pal to any idiom!. fund.lThe rnivistrates several
times st-ongly animadverted upon the manner in which
the books had been kept, and evrely censured the sees
rotary for his conduct throughout the case.:
Mr. Stokes than addressed the Bench for defence, slid JO
the course of a lengthy address contended that the ewe
had not been made out and urged that it was the duty of
the complainant to prove the case beyond the shadow of
• doubt. He admitted that the complainant might have
been able to prove his case if he had not been so
precipitate; but he took prousedinge before the money
was actually paid away.
The magistrates retired to consult, and upon their
return the Chairmen said they were unanimously of
opinion that the case was proved, and they should order
I the repayment of the money and in addition should fine
each defendant fi., and 20s. costs, with the alternative
I of three months imprisonment.

The cue excited good deal of interest throughout the
distr)ct, and the Court and its approaches were densely
thronged by member, of the Carious friendly societiee
in the town.