The Carmarthen Weekly Reporter

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SECOND DAY. The assizes were resumed on Friday morn- ing at half-past ten before Mr Justice Jelf. SLANDER ACTION—THE STORY OF A DIAMOND SPRAY. In this case, Annie Davies, a. domestic ser- vant, sued Philip Mitchell, an excise officer, for damages far slander. Mr Lloyd Morgan, M.P. (instructed by Mr D. Roy Evaps, New- castle Emlyn) appeared for the plaintiff; and Mr B. F. Williams, K.C., with Mr J. Bowen Davies (instruct d by Messrs Evans and Thomas, Llandyssul) appeared for defendant. The faots arose as follows: In July last year, Miss Wylie, step-daughter of Captain Coe, was married1 at Bangor Teifi Chnrdi; to Captain Lewes, of Llysnewydd. In the church or in its precincts the bride lost a: diamond spray. Defendant had made an effort to find it, and in the course. of his in- vestigations he made remarks which were alleged to mean that the plaintiff had found th: e article and was keeping it. Defendant denied that he had uttered cer- tain of the words; he conteded that the others were not capable of the meaning imputed; and he claimed that what he, did say was privileged as he was acting on behalf of Capt. Coe, who was endeavouring to restore the spray to his gtep-doughter. The following evidence was called:— Arthur Price Davies, jeweller, Newcastle Emlyn, said: Plaintiff was a seirvant girl in my employment part of last year—for eight months. She wnas in my service last July. I remember the wedding of Miss Wylie, at the Bangor Teifi Church. Tht church is four or five miles from Newcastle Emlyn. I remem- ber the defendant calling at my shop on the 11th July, in the attterncon about 4 o'clock. i had seen the notice offering a reward for the recovery of a diamond spray lost in the church. I was in the shop when Mr Mitchell called. When he called, there was a girl out- side. I did not know that she was his servant. He asked for Mr Davies. I said that I was Mr Davies. He asked if I had a servant named Anne Davies. I said I had. He said that Mr Coe, the stepfather of the bride, had sent him to m <. He said thaft. a. girl from Llandyssul had seen another girl pick it up from the churchyard, and that girl believed it was my servant. Then I took him into my private house. I called the girl, and left them together. The girl I had left outsioe was at the shop window walking back and fore. I heard someone calling out, and I went in. I was curious to know what she would say. I saw Mr Mitcheh's servant go in. Mr B. F. Williams said that it was admitted that the girl was present; there was no need to labour that fact. Witness said I asked him if he had any clue of the spray. He said, "She denies all knowledge of it." I asked "Does the Llan- dyssul girl thin- it is she." He answered "She believes it is she; but we axe going to see her sister finsit." On the 15th July, I had a telegram from Captain Coe to say that the spray had been returned. The telegram was "Spray returned. Tell Anne Davies." Mr Lloyd Morgan asked the defendant what he understood 'by the defendant's state- ment. The Judge said that the question was not what this witness understood by the words. It was a question for the jury to decide what & reasonable being would understand by them Cross-examined by Mr B. F. Williams: Mitchell told me that it was a valuable spray and that Captain. Coe was anxious that it should be recovered. He did not say that it was his servant who had seen the girl pick it UP- He would not say that the girl who had picked it up was carrying a flower-pot at the same time.. I asked him if he had any clue. I asked "Does she think it was Anne Davies picked it up." I heard afterwards that the spray had been picked up by some woman in the churchyard, iaind that the woman who picked it up thought it was of no value, and had given it to her children to play with. 1 Anne Davies, the plaintiff, said: I went < with my sister to Miss Wylie's wedding on i the 5th July. On the 11th I remember Mr Mitchell coming to my house at Newcastle Emlyn. I Went into the dining room. Defen- dant came in and entered into conversation with me. He asked me if I knew something about the l\st brooch. I said that I heard that it had been lost, and that I had helped to search for it. I said that I knew nothing of lit, and had not picked it up. He was sus- pecting that I had it. He asked me to give it back. The Judge said it was not slander what was said when no third party was present. Pla-intiff: He said that he wanted to give it back, and to keep it secret. I said that I knew nothing of it, and that I was very sorry about it. He said he would call in a witness. He called me in. He asked me if I knew her. I said "I do not think so." He, asked her "Is this the girl." The witness said "I think she is." He asked me if I was carrying flowers at the time of the wedding. After the wedding Mr Lickley, who decorated the church, was selling the flowers in pots. Mr Mitchell said that if I would not give it up, it would have to go further on. I aaid I was very sorry it was lost, but I knew noth- ing of it. Mr Lloyd Morgan said that he wished to prove that the police had called to make enquiries. Mr B. F. Williams said that this waa not to the point except it could be shown that there was some connection between their action -and that of the defendant. The Judge said that was a question for the jury to decide. He would let it go to the jury foi what it was worth. Plaintiff: Supt. Williams called on me afterwards. Cross-examined I went. to a solicitor in a week's time. That was aifter the telegram had come saying that the spray had been found. My solicitor wrote a letter saying that unless the defendant, paid £ 200, pro- ceedingsi would be taken. Mr B. F. Williams: Did you suggest -he E200 or did he? &b The Judge said that was going into a pri- i vate consultation. Mr Williams read the letter which stated that unless E200 was paid, and an apology was made, a writ would be, issued for the slander. He also read a letter from the defendant's solicitor, in which it was denied that any allegations had been made against Miss Davies's character. Pla,intiff said that the letter had been com- municated to her by her solicitors. The writ was served on the 7th August. She was at Bangor Teify Church, and helped to search for the lost article. I bought a pot of flowers from Mr Licteley; several others bought such pots and carried them home. Mr Mitchell lives at Llandyssul, which is eight miles from Newcastle Emlyn: he was a total stranger to her. Maiy Davies, suster of the last witness, said, I live at Ddol, near Henllan. I remem- ber Mr M'kdtell calling at my house on the Ilth ul; about 10.30 a.m. He asked "Is this DdoJ." He asked if I was Mary Davies. I said yes. He said that Mr Coe had asked him to make enquiries about the spray. He asked me to talk with him indoors. He asked to see the flowers I had 'bought at the Church. He also asked to see the blouses and the skirts I was wearing. He asked me then where my sister was. I said that she was at Newcastle Emlyn. He asked me when she would be back. I said she was in ser- vice. He asiked her address. I said she was in service with Mr Davies, the jeweller. He put everything down in his notebook. He caailed again at 5.30 lun. He had a servant. girl with him. He asked me if I had seen the gi* 1hef1ore- 1 said I had not. The girl said she had not seen me before. He asked to see the flowers; and the girl said they were the same. They were hydrangeas and pelar- goniums. Mr Mitchell said "Your sister hnows something of the spray, and if she does not give it back, at will be put in the hands of the police." I said I could swear that she did not take t. He said before that "No no; it was not you at all." As he was leaving *1^7 my 8ister frightened. He said We shall do right enough about that." I know the person who picked up the spmy. She lives two miles away. Cross-examined: Mrs Jones picked up the spray. She is quite a respectable woman. She had it in her possession for nine days. AT £ ° £ d MorSan 1 will call her. Mr B F. Williams said that it was ad- mitted that Mrs Jones kept it quite inno- cently. The Judge asked if the spray was n court. Mr Lloyd Morgan said that it was not. It tu n TetuTn^l to the owner. r B. F. Williams said ^uat the spray iVj* ,ha^ t**511 tr°dden on in the dirt, w- n much value. Witness cross-examined said: Mary Wil- liams, the servant, was in the room at the second interview. She camte in to see the flowers. Both were outside when he said the mat-ter would be placed in the hands of the /ary Williams could have heard him say It she wont give it back, I must put it in the hands of the police." Mr B. F. Williams: I suggest that vou are misnaKen, and that he never mentioned the police. Witness said that she was quite sure she was not mistaken. Mr Lloyd Morgan said that he bad the witness who found the diamond spray. The Judge said that it did not seem to be suggested that theire was any connection between them. Mrs Margaret Ellen Jones, Aelybryn, Felindre, said: I live about two miles from Ddol. I was at the wedding on the 5th of July. I picked up the spray. I thought it was of no value. I returned it to the owner when I came to know. I bought a maiden hair fern at the wedding. Witness gave the word "maiden hair" in English, although she, spoke Welsh. Mr B. F. Williams asked what was IVelsh for ma,iden hair. Witness did not know. Mr B. F. Williams said that the name of the maiden hair was "Rhedyn Fair." Witness said that the spray was trodden in the dirt when she found it. She showed it to a girl when she found it. One of witness's sisters was a housemaid at Llysnewydd the home of ithe bridegroom, and through her the witness came to know that an article of jewellery had been lost, and that this was probably it. She helped to look for it at the time it was first missed. She did not think the thing she found Was the thing had been lost. This appeared to be glass, and she thought that the article which was lost was a gold pin. She did not know what the word "spray" meant. The Judge aisked if she never thought of saying she had found anything. Witness said she showed it to another woman. She never thought of shoijving it to the, policeman who was searching for it. The Judge asked how much the spray was worth. Mr B. F. Williams» said its value was £ 50. Mr Lloyd Morgan said it was worth £ 60 or E70. His Lordship and counsel had a long argu- ment as to whether defendant was not privi- leged, and it was pointed out by his Lordship that the jury might have to consider whether that privilege had been abused. Mr B. Francis Williams said he would let the case go -to the jury without calling any evidence. Mr Lloyd Morgan commented on this, and asked, "Where is the evidence as to agency in this case?" His learned friend for the defence knew perfectly well that if he put Capt. Coe in the witness-box the question of agency would fall to the ground before half a dozen questions had been put. He held that defendant had acted recklessly and had grossly exceeded his privilege. Mr B. Francis Williams said Captain Coe was a gentleman of position in the neighbour- hood, and what was to prevent the solicitor for the plaintiff from going to Captain Coe to get information as to whether the defen- dant had acted as his agent? When the spray was returned Captain Coe wired to the defendant, "Tell Ann Davies that the spray had been found." Was that not agency. And why did not Mr Morgan call the captain that morning? He was sitting in the assize building, and was available. The defendant, on being applied to through his solicitors, declared that it was never his intention to asperse the plaintiff's character, and held that he had never uttered any slanderous statement respecting her or done anything to injure her. He exceedingly regretted any annoyance which plaintiff might have been caused. Learned counsel maintained that even were defendant not Captain Coe's agent he could have made inquiries without his authority, as any one of the jury would do if he were placed in defendant's position. His Lordship pointed out, in summing up, that defendant would lose his privilege if in making inquiries he acted with malice. He did not seem to have done anything dis- courteous or spiteful. Of course, it was for the jury to say whether they thought there was anything outraigeous in his procedure. The jury having retired, the foreman said "We find the defendant guiity of exceeding his duty" (laughter). His Lordship: That is a verdict for the the plaintiff. The Foremian: Yes. His Lordship: And the damages? The Foreman: zC25 and costs (laughter). His Lordshiip: You have nothing to do with the costs. That is a matter for me. Judgment was deferred. A CONTESTED WILL FROM LLAN- ARTHNEY. In this case John Jones and H. Samways propounded 180 will against which David Jones had entered a caveat. Mr B. F. Williams K.C., and Dr Davies Williams (instructed by Mr Lewis Bishop, Llandilo) appeared for the executors; and Mr S. T. Evans K.C., M.P., and Mr Lloyd Morgan, M.P. (instructed by Mr T. G. Williams, solicitor, Llandilo) for the defendant-. The facts, as set out by Mr B. F. WTilliams, were as follows: John Jones, of Wern Farm, Llanarthney, died in February this year, aged 75. He bad three sons and five daugh- ters. who survived him. His eldest son David had when 18 years of age married a wealthy lady, and had gone to live at Abercothi. In 1881) David Jones's wife died, leaving a little girl. With the consent of the, Court of Chancery, she went to live at Wern, and a certain sum was allowed for her maintenance. In 1899 the daughter (Miss Mary Jones) mar- ried Dr Evans, of Llandilo, a gentleman in a good position, and made her father an allotijiance. The daughters of the testator were all regarded by him as having had their portions during his life time. The son, John, had lived all his time with h father; and Goorge has done so with the exception of two years he spent. fanming at Maescerig and two in the Army during the South African war. In February, 1906, testator took to his bed. On the 9th February, Mr Britten, the vicar ot the parish, administered the Holy Communion. On that occasion, he. suggested that the Vicar should "make a bit of paper" for him—which is the local vernacular ex- pression for making a will. Mr Britten sug- gested that that was work for a solicitor. On the 11th the Vicar called and saw the testa- tor, who was in adrowsy state. He had been suffering severely from pain in the bladder and the doctor had administered a supposi- tory of morphia and belladonna, the effect of which was. to make him drowsy. Mr Britten was sent for next day, and was prevailed on by the testator to make his will. The will made d'ivided the bulk of the property- nearly all freehold—between John and Geo., and left small legacies to the son David and the five daughters who were alive. Testator explaiined the fact that John apparently got more than George by saying that two of the farms, which John was left had mortgages on them. David Jones alleged that his father was incapable of making a will at the time, a.nd that, therefore, he died intestate. Mr B. F. Williams mid that deceased would die suddenly from his illness, as the heart would be overpowered as the complaint ad- vanced upwards from the extremities. The effect of putting aside the will would be that the eldest son who had done nothing for his father would take everything as heir at law, because there was practically nothing except real property, there being very little money. John, who had worked there all his life, and George who had worked the greater part of his life would get nothing. Mr b. T. Evans said that this was irrele- Vani'j As i(: had 1)6611 sorted, perhaps he would be allowed t osay that David did not wish to take all the property, but wanted an equal division Mr B. F. Williams said that he did not think one irrelevancy excused another. Evidence was called as follows. Mr J. F. Lloyd, a clerk in the Carmarthen Probate Court, produced the will in question, and two other documents. Rev Anthony Britten, Vicar of Llanarth- ney, said I knew the late Mr D. Jones of Wern, intimately. My vicarage is about'two miles to two and a half miles from Wern. I remember his being taken ill about a year before his death. I called to see him from time to time. I saw him on the 24th January. At that time lie was in the kitchen. We sat together on the soflll for albout half an hour or more. On the 5th February he took TO his bed. I called on the 9th February. On that occasion I administered the Holy Com- munion to him. There were three others present at the celebration of the Communion. After the Communion he asked t,hQfe to leave the room. Mrs Samways, his daughter, Mrs Jones., his daughter, and Mary Davies, of Bryncaeris, a friend of the family, communi- cated with him. After they had gone, he told me in Welsh that he wished me to make a little bit of paper for him. I understood that to be a will. He asked me to come the following Monday to make it. I told him twice he had better get some solicitor to do it. I went on Monday. I saw Mr Jones and spoike to him. I asked him how he was.' He said that he did not feel very well. That was 1 rw"WI tne lut nreoruary. There was not a word said about a will. Mrs Elizabeth Jones, his daughter, sarid "You see my father is not in a position to make a will." I said I had not come for that purpose. He was very drowsy then. I did not want to make the will; I thought it was best for me to be out of it. On the 11th, a messenger (Mr D. Stephens^ (the son of Myrtle Hill, and the grandson of the testator) came for me. I went to Wern. I called on my way on Mr James Morley. It was the wish of the testator that Mr Morley should 'be' the 'witness. He had mentioned that several times to mo. We drove on to Wern. I got to Wern aibout 6 p.m. I went direct to the bedawm of Mr D. Jones. There were also iin the -rooftn Mrs Elizabeth Jones, •f t Mrs Anne Jones, the wife of John. Mr Samways, the son-in-law, was there. Mr D. Jones asked me to "put a few things together for me." I told him that I should be glad if somebody ellre did it. -U- n He asked everyone to leave the room. They loft. Mrs Elizabeth Jones said "Do you wish me, father, to leave?" He replied "Yes." lliey all went out. After they had gone out, Mr D. Jones told me to look outside the door to see if anybody was there. The Judge: You looked to &ee that the coast was clear. itness: I looked to see that. the coast was clear. I took a piece of paper to the bedside and jotted down in pencil what he said. He gave Wem and Myrtle Hill to John because he said Wern and Myrtle Hill Mjjere heavily mortgaged. He said that £ 1,300 was on Wern and L500 on Myrtle Hill. He left legacies to his daughters. He wished to give £ 20 each to two of them, and zElO to the other three. I asked him if he had any reason for giving less to the three than to the others. He said "Yes, I have, helped them veiy much even lately." I put it tebim in a kindly way, as the amount was so small, would you not like to give the same to all so as not to create any unpleasantness. He said "I think that is the best plan." He asked me to close the, will there and"then. I had heard that he had two daughters in America. I asked him if he would like to leave something to his two da/ugh tens in America. He said "I am sorry to say both are dead." I asiked ,him if he would like to It-a,ve something to their children. He said "Xo; if I give to them probably the other grandchildren will be jealous." He told me again to finish the will. I asked him if he wished to leave something to his eldest son. He said 'No; David has had his share, and more than his share; another thing he does not require any." I suggested that it would be ver ynice for the son to have his name in his father's will. "Then," said he "put his name down for tlO." Therefore I put in the reason "Owing to the large amount of money I have given to my son David, I only give him tlo." I thought it is only fair to put that in. I added that, clanise at the testa- tors wish. I asked him who were to be his executors. I asked that at the end of the rough draft before I read to him. He said he would like his son John. I asked him if he would like someone else to be co-execu- tor. He said "What do'you say?" I said he had better decide for himself. He said "Whom will you have?" I told him that he had three sons and two sons-in-law (Mr Stephens, of Myrtle Hill, and Mr Samways). He said "Put down Mr Sam ways he is. a good fellow." I read the draft to him. He said lhat will do." I made a fair copy then in ink. I again read the fair copy to him. He asked ime to call James Morley to witness it. Morley came in. The testator signed the will. I saw him sign it. Morley also saw him sign it. Testator asked for his glasses. [ searched for them, and could not find them. I offered him my own. He put them on. I asked him if lie could see. He said "Very well. He asked for a book to rest the paper on it. I got a piece of cardboard which I saw clos.3 by. He rested the paper on that, and signed his will. He said "It is not. very well written Mr Britten, but it will do." I then siiigned as witness; and Morley signed in my presence. We both signed in the presence of the testator. Then the membrs of the family came in. John, Elizabeth, and Mi's John came m. I do not think Mrs Sanlways came in. He ii-eiited to give me a sovereign for making the wiü. I declined to accept any- thing. I said that I had not, come to make his will for payment. Mrs Elizabeth Jones said 'Take it, or my father would be very unwilling. I said "In that case I will take it and give it to the Restoration Fund of the Chili-ch." He gave half-crown saying, "Give this to Jim bach," meaning Morley. I gave it to Morley. I asked him wihat I should do with the will. He said I had better keep it at the Vicarage. I destroyed the rough draft at the time. I had not the slighest doubt that he was fit to make the will. He under- stood everything. Unless that had been my opinion I should not have put a. pen fo paper to please a living soul. Next- day I went to Wern at 11.30 a.m. I saw testator and spoke to him. I was with him a quarter of an hour. I prayed with him. He was then in full possession of his faculties. He thanked me very much for my services. The Judge: For making the -.vill? Did he mea'n that specifically ? Witness: He referred to the spiritual aspect of my services. He died on the 14th of February. After the funeral I read it to the family. Mrs Elizabeth Jones asked "Do you think my father was conscious enough to -make such a willi"? That was the first doubt 1 heard cast upon his sanity. I told her n hat passed between the testator and myself when it was made. The five daughter f j. ,"i° %ons 1ve,re present. Mra Griffiths tried to silence her sister, and asked her to be qinet. David held out his hand, and said Girts, there must be no quarelling It is my fathers will. I am satisfied ami more than satisfied. I have had my share and more than my share. Cross-examined by Mr 8. T. Evans: He never mentioned a wdll to me until Friday, h^Arill. Uary- I iras not anxious to make his will. Mr S. T. Evans: You have made wills before. Clergymen and ministers of olher denominations do that. I am not suggesting that it is any harm. It is sometimes a good wills? aMTCrS- Ywi have made several Witness: I have made a few V W*»y did you not wish to n.ake one 111 this ease? Witness: I had my reasons. MrS. T. Evans: What were those reasons? m*! 1—'• f?'md °"* tihat there Avere wish to m .thf famil>' '■ I did not don't Lo ^rr^-ith those, divisions. I f \t i°,'e -}Ir Lew-is Bislhop, Llandilo to learn if his father had made a av, On the Friday I had determined not to mate a will I was there on the Sunday night. He was then asleep I was told. His Ion John to a me then. On Monday I had not made up my mind to maike his will. He said then that he was very unwell. I ,vas in the room ten T Ams the bedroom that MTS maSbf;.i°neHSaid "<>t fit to niaice a n 1II. He made no sign of having as^a f/ofh 1 ShT°"Icl Say that he did nw fi, theni" 1 dld "ot know that most of his property was fa-eehold. J, told u l?.en shf spoke of a will that I had not come there for that purpose. I kneAv tW his daughter was a trained nurse As he was that day I would not have Sen hi ;„! .Ln _L /'0 +v^ii 13 w11 a»d made it. I do not think he Avas then in a condition to make a ill because he Avas so drowsy. It seemed to he -"d & v,* told the doctor had eivon Monday, I have not the slightest recolleltX of even having mid, "It is all over I can do nothing now. I did not wait an hour for a al»"r20,mhiittTs" ti0n' 1 Mr S. T Evans asked the Witn?ss w];at he tho £ UXL w sa,d that he had "sed 01 dlSl- Would he contradict her? TV itness: I should say that I did not use them. I did not call on him Tuesday morn- ing. I had an eno,a°'ewp!i+ >v. • i until noon. Tlum I u l r the 1 ,u 1 nau my dinner, aiul ha^ an engagement in the afternoon. I dfj will \\1 T U'as "'lying on me to make his When I got there on Tuesday T not told that he had l>een unconscious Jji day. When I got. to the Vica a,ll P m., I saw young Stephens TT i A his grandfather TO, muol, brt aS'ti'hrf »»«> thathU grandfather's will r ? e hi* had sent him I did Jchn Jones he is too ill. I sakl -Fan,^ g°°d W I ing so much better T R man Kett- taL, „ oettei. I thought it would have a time to get so ireM T "55 -I'-&. "Hit T™» tko'e on Stmday ''■Wait till I hBd I'oW i'lTTh hat if «? *««•" K fa XK*. to „ j! -i r and a1/ the statement that Stephens said I am only repeating what I am told I did not see him. I did tell Stephens that I had seen Dr Henderson that day, and that Henderson said that he was expecting every minute to hear that the old gentleman Avas dead. The doctor told me that the old gentleman had got him to feel his pulse «»d asked hum hoAV it Avas. It was- on Tuesday atfteriioon that the doctor told me this. The will in fair copy is a verbatim copy of the rough draft. During the drafting of the will testator asked me to ease the pillow T oould not manage if; I knocked, and John