Evening Express

Our Poor-law guardians everywhere are still grumbling about the increase of vagrancy and pauperism. Is it not time there was a truce to all these complaints? The time for action has, surely, arrived. Our Poor-law system has never been a satisfactory one. Time was when public and private charity did all the work throughout the country, and did it well; but the institution of the Poor-law dried up many a charitable well. We fear that even to-day, with all the formidable and expensive apparatus employed, the really poor are often neglected whilst the un- deserving are as often relieved. Certainly in the case of vagrants there must be money in the business, or there would not be so many "on the road." No doubt a certain proportion are people driven on tramp through stress of circum- stances, but the greater bulk are there because there is a glamour about the independent, free-and-easy Bohemian existence which fascinates its votaries and prevents them from endeavouring to resume a fixed and settled occupation. We see this very strongly in the gipsies, who are so wedded to their nomadic exis- tence that they can only with the greatest difficulty be persuaded to abandon it. The only way to deal with the tramp is to make things uncomfortable for him, unless, of course, he be an honest fellow temporarily down in his luck." Dogs this weather suffer agonies of ihirst. Y-t at Cardiff at least nothing seems to be done to provide them with drinking water. This is a matter that concerns humans as well as canines, for thirsty dogs are much more likely to go mad than those that have access to water. Cannot the corporation do something in this regard? We do not suggest that they build a dog's fountain at Cathays Park to cost L5,000 or so, but we think three or four small troughs in the town would be a boon to our dumb friends, especially in such roasting weather as is now with us. Yesterday was the feast of St. Swithin, of whom the bulk of us probably know little save that his day is supposed to afford a valuable indication of the coming weather. Says the old saw: St. Swithin's Day, if thou dost rain, For forty days it will remain; St. Swithin's Day, if thou be fair, For forty days 'twill rain na mair. Yesterday was fine on the whole, but the few drops of rain that fell have probably "saved our bacon" for the next month. We cannot say we have any particular confidence in St. Swithin as a meteoro- logist. If the weather be wet, of course, we may expect rain, whilst if, on the contrary, it hold up, dry weather is pretty likely to be the order of the day. After careful investigation of the. subject, we have come to the conclusion that if all proprietors of motor-cars had to pass an examination in the pronuncia- tion of the word chauffeur the number of these vehicles on the road would be considerably less than it is at present. There is a subtlety about the language of our polite neighbours that sets the average Saxon at defiance. When the lamented Max O'Rell lectured last at Cardiff he gave some amusing instances of the desperate efforts made by the con- querors of Napoleon to pronounce the simple, common, every-day, oft-used, oft- printed Monsieur. Surely, if the French- man desires Waterloo to be avenged (not omitting Fashoda) he h&s only to listen to his historic enemy with his Monseer— Mounseer—Monsoor —iMoosoo Mushoo —and Masho. If further vengeance is* required, let the said Frenchman listen to the Showfer —Shoffer—Chowfer — Choofer — Showfoo -Slioff oo Clioivf oo Shyf oo Shofoo —and Sheefoo. Yet, after all, these desperate strugglers are not to blame, nor is the renchman entitled to grin when he recollects that the number of! Englishmen who acquire a perfect French accent is larger than the number of Frenchmen who acquire a perfect English one. A chauffeur is a stoker. Why not, therefore, say stoker at once and finish with it ? We say this in the spirit of the honest Saxon who remarked of the French, They call a cabbage a shoe! They know it's a cabbage. Why don't they call it a cabbage?" Let each nationality stick to its own technical names, and so save excellent people with more money than education opening their mouth to put their foot therein. The grand old man of Cardiff Corpora- tion is Alderman Daniel Lewis, who has just attained the patriarchal age of four- score and five, and will yet (his many friends hope) see his ninety and more. These are the days of old men par excel- lence, for people of seventy and the like are regarded as mere striplings with the world before them. Alderman Lewis is the type of man to whom length of years is commonly vouchsafed. Staunch, solid, squarely built, equable in mind, and kindly in heart, Alderman Lewis has for many years been a picturesque figure on the corporation, and his recollection goes back to the days when Cardiff Town-hall stood in the middle of High-street and the palatial erections at Cathays were as yet undreamt of even in the wildest dreams of the most extravagant of local councillors. Times are changing, and rapidly, too. We notice that Dr. Charles Davison, of Birmingham-the leading British autho- rity on earthquakes-is appealing to the South Wales public for evidence regard- ing the tremour of July 3, which was felt somewhat sharply in Derbyshire and other parts of the Midlands. We do not fancy Dr. Davison will get any affirmative evidence, though the earthquake was felt in, at any rate, one part of North Wales. It is likely that quite a number of small shocks occur which are not felt at r..ll owing to their gentle nature; but the special instruments employed show that the earth's surface is in an almost constant quiver. Our Channel trippers have now a new sensation to look forward to—sharks. Owing to the warmth of the weather a number of these interesting monsters have found their way as far north as the Bristol Channel, and have been following steamers, doubtless with the object of picking up food. If our enterprising pleasure-boat proprietors could only z.dd a shark or two to the programme of their Ilfracombe and Lynmouth trips! We daresay it could easily be done by hanging a few joints of beef over the side of the steamers. The experiment is worth trying.

Mainly About People. Queen Alexandra likes her motor to go slowly; something a few degrees removed from the crawl being her ideal pace (says M.A.P. ). To the King, on the other hand, the speed forms the greatest charm of the sport. Sometimes it happens that both are riding in one of the King's cars, and then the position of chauffeur is a trifle difficult. The personal pronoun is scarcely necessary to denote which of the two occupants is regarded when it comes to the question of speed. The King smiles quietly, but when the "crawl" is done he has been known to pull out his watch, look gravely towards the chauffeur, shake his head, and murmur to a friend: "Too fast! Too fast! The Queen dislikes travelling at such a breakneck speed!" Sir Thomas Lipton has returned to London. AJ3 everyone knows, he is head of the firm that bears his name. owns tea estates in Ceylon, the steam yacht Erin, and has con- tested the America Cup with a succession of Shamrocks. It is an open secret that he rose from the humblest beginning to his present positio-n as sportsman, millionaire, and friend of princes. He unites the qualities of Ireland and Scotland, as he is of Irish parentage and was born in Glasgow. Yacht- ing is his favourite amusement, but he is keen on country life, and owns a charming place called Osidge, near Southgate, in Middlesex. He has done much good with his money, and founded the Alexandra Trust, that provides cheap meals for the poor of London. To know a man on the racecourse is one thing; to acknowledge him in Pall Mall or chibland is another. There is the story about the late Marquess of Exeter and Mr. Padwick that will instance this admirably. The marquess was very stiff and formal, being exceedingly difficult to approach. Meeting Mr. Padwick one day in the West End, the Sackville-street moneylender nodded famil- iarly to the owner of Stockwell, adding, "How do, my lord?" His lordship did not deign to return the bow, but, pulling up short, starchily remarked, "Your name, I think, is Padwick. May I tell you that I know you on Newmarket Heath, but not in Piccadilly." Those among us who are old enough to recollect the West-End of London some twenty years ago may remember seeing a curious solitary little figure dressed in rusty black, old-fashioned, tightly-buttoned tail- coat, breechee, and gaiters, who every day during the Parliamentary season hurried down St. James's Street and Pall Mall to Westminster. This little old man was John, first and last Earl of Redesdale. From 1861 to 1886 he was Chairman of Committee in the House of Lords, and when he expired at the age of 81 he waa still faithful to his poet. At his death his title became extinct, but he bequeathed his whole fortune to Algernon Bertram Freeman-Mitford, his kinsman in the fourth degree, descended, like himself, from the celebrated historian of Greece. In 1902 the title was renewed in his kinsman's favour. The Lord Redesdale that we know (says "Jehu Junior" in "Vanity Fair") made his bow to the world in the same year as Queen Victoria ascended the throne. Eton waa. followed by Oxford, Oxford by the Foreign Office. His appointments—St. Petersburg, Pe-king, Yeddo-gave him intimate knowledge of the Far East long before the British public ever awoke to the fact that there was such a thing as a Far Eastern question. From 1868 to 1371 he remained at the ancient capital of old Japan. It was an interesting time for him. Diplomatically, he was present at the christening of a new nation. The retrograde died; the progressive waa born. The strange revolution gave him inspiration for a book that won him deserved celebrity in the literary world. Indeed, his "Tales of Old Japan were powerful enough to make a reputation on their single merit. In more meditative times, when leisure permitted rustic contemplation, the land- scape gardener had greater honour than to-day. What is now a hobby was ranked high amongst the Arts. Lord Redesdale would take his place amongst the maeters of a more cultivated age. At his place in Hampshire he has laid out a demesne un- equalled in its alliance between art and nature. It is an open secret that the King has a. high opinion of his judgment. In the recent reconstruction of the Mall Lord Redes- dale gave valued assistance. We owe him gratitude for what he has done for the first great highway that London has built for posterity. He had his critics, of course. With every tree that fell arose moans and groans as if the elms had been so many I mandrakes. But now that the scope of the design is more apparent the critics have retired into their shells, convinced against their wills. In 1874 Lord Redesdale maa-ried Lady Clemientino6 Ogilvy, cne of the beauties of her day. Five sens and three daughters are a proof that they have done well for their country in these emigrating days. It was Lady Clementina's brother, the Earl of Airlie, who was killed in South Africa. There has never been a more gallant and resourceful cavalry officer. Two of her sons were severely wounded, but have since happily recovered. He is not a sports- man, but is fond of the sea, and his yacht may be often seen at Cowes. He is widely read, and of a refined, artistic temperament. He is a trustee of the Wallace Collection. A Nobleman of the Garden "-to quote Douglas Jerrold-is a happy sobriquet. A little time after the law came into force that ordered all public-houses in Scotland to close at ten p.m., an old Scotchman (says "To- Day"), well known for his habitual love of getting drunk wherever and whenever he could, met a crony, who was likewise fond of the "wee drappee," and the following con- versation took place:—"Weel, an' whit div ye dae noo since the pubs shut at ten. Sandy?" "Weel," replied Sandy, "it's no making much difference wae me," "Why, hoo's that?" queried the other. with evident interest. "Man, I just start early," was the reply, "an' I'm good an' fu' by nine noo."

I ROYAL VISIT TO WALES I Traffic Regulations in the Elan Valley I Police orders for the regulation of traffic on the road between Rhayader Station and the Elan Valley on July 21 have been issued. They include the following:- No person will be admitted into the Cam- brian Railway Station or station yard after nine a.m., except by ticket from the general manager, or unless proceeding by train. No one will be permitted to stand or tres- pass inside the fences of the permanent way, either on the Cambrian Railway or on the Birmingham Corporation Waterworks Rail- way. A3 the road between Rhayader and the Elan Valley is a dangerous one, the public are cautioned to drive very carefully. Nc vehicle of any sort will be allowed to take up a position on the road between Rhayader and the barrier at Gigfran Quarry. After eleven a.m. no vehicle of any sort (including bicycles) will be allowed to pass Tynycced, about half a mile from the filter beds en the Rhayader side. Any vehicle passing Tynycoed after nine a.m. must pass up and wait on the road above the barrier at Gigfran Quarry until 3.30 p.m.; vehicles to stand in single file on the left side of the road. No vehicle will be allowed to go from the valley to Rhayader between eleven a.m. and 3.30 p.m. After five p.m. vehicles below Tynycoed will be permitted to go up the valley. THE SWANSEA VISIT Princess Victoria unable to Attend The Mayor of Swansea on Friday received a communication to the effect that the Princess Victoria would be unable to accompany the King and Queen to Swansea. It is understood that his Majesty is sending down his fine new motor-car to Swansea, but the utmost privacy is to be observed as to any movements after the public functions. The Royal suite will include Lord Stanley, Lord Kintoul, Lord Gosford, and the Hon. Miss Knollys.

PASSIVE RESISTERS I Sale of Distrained Goods at Barry I Dock I At his saleroom, Holton-road, Barry Dock, on Friday Mr. Edward Rees, auctioneer, con- ducted a sale of the distrained goods of 35 passive resisters in the town. The room was crowded. In most cases the articles were bought back by the owners, but two watchcs, one belonging to the Rev. T. Pandy John and the other to Mr. James Cruise, were secured by Dr. P. J. O'Donnell. The sale was con- ducted in good spirit, and after some remarks by the Rev. D. H. Williams, M.A., Mr. N. J. Williams, and the Rev. T. Pandy John—three of the passive resisters-a vote of thanks was passed to Deputy-Chief-con- stable Giddings and the auctioneer. The Rev. B. Evans, chairman of the Barry Education Committee, presided at a public meeting held on Friday evening at the Romilly-hall, Barry, to protest against the new Education Act, by way of sequel to the sale the same afternoon. Alderman T. J. Hughes, Bridgend, vice-chairman of the Gla- morgan County Council, was among the speakers. The Education Act, he said, with all its evils, had come to them, as citizens j and Free Churchmen, as a much-needed slap in the face to arouse them from their freep. Principal W. Edwards, D.D., Cardiff, fol- lowed, and said they were fighting the battle of Wales and the kingdom. What Wales thought to-day England would think to- morrow and Ireland the day after. I (Laughter.)

—————————— I THE EDUCATION ACT I I APPOINTED DAY FOE CARDIGANSHIRE. I The "London Gazette" of Friday night con- tain an order relating to the county of Cardigan, stating that the Board of Educa- tion fixes the appointed day for the 26th of September, 1904.

THE STATE AND UNIVERSITY EDUCATION The Prime Minister and the Chancellor of ) the Exchequer received at the House of Com- mons on Friday a large and influential deputation from the universities in favour of State endowment of university education. Mr. Balfour in reply expressed general sympathy with the objects of the deputation, but we wanted in this country more liberal encouragement by manufacturers to students or workers of scientific training. The Chan- cellor of the Exchequer said that the claims of the universities to State aid must wait for their fulfilment until our national finances were in an easier condition, but the Govern- ment ha11. recently increased grants to univer- sity colleges, and hoped to grant more next year.

I FISCAL REFORM QUESTION I Opposition and a Vote of Censure I On Monday Sir Henry Campbell-Banner- man, ae leader of the Opposition, will ask the Prime Minister for a day for a vote of censure upon the Government in view of the prominent part taken by leading members of the Government in Thursday's Liberal Unionist proceedings, at which a resolution was passed approving of Mr. Chamberlain's policy of fiscal reform.

SIR EDWARD REED'S HEALTH Sir Edward Reed returned to town last week very greatly improved in health, partly owing to the careful and lengthy treatment which he underwent during the month of June, and partly, no doubt, to the recent dry summer weather. He will probably undergo a further course of treatment abroad in August, from which he expects to return in I much better health than he has had for the last year or two. In the interval he is doing as little business ae possible, and dieting him- self very strictly in order to avoid a prema- ture return of the trouble from which he has suffered so much during the last year or two.

NIXON GRAY IN BOX; TELLS HOW HE MET THE DEFENDANTS What Happened at the Alexandra. TRAGEDY AMONGST WITNESSES. Seven Dead and One a Lunatic. The action of Mr. John Nixon Gray against Mr. T. D. John and Mr. H. Morgan Rees, of Cardiff, was continued on Friday in the Chancery Division (before Mr. Justice War- rington) Mr. Abel Thomas, K.C., continuing his opening statement, referred to the trans- actions between plaintiff and John in relation to certain horses. Less than twelve months of their make-believe partnership sufficed to deprive Mr. Gray of his £ 49,000. During the transactions plaintiff was seriously ill, suffer- ing from incipient alcoholic paralysis. Eventu- ally John obtained a bill of sale on everything that Gray had in the world. John had then advanced plaintiff money, but only to keep him from going into the bankruptcy court, as in case that had happened these transac- tions wound have been exposed.. LIFE IN ELDON ROAD I When plaintiff's banking account came to an end he went to live in a place called Eldon- road with a woman of the name of Marion Butler. It was a email place, and one of the curious things about the bill of casts was tliait Rees had the honour of appearing in a great number otf police-court casfas to defend Marion Butler and another woman, named Polly" something or other, from various assaults they had made on people. He mentioned this to show what sort of a place plaintiff had gone to live in, and substantial sums were paid to Rees for his appearances at the police-court on behalf of these two ladies. Plaintiff lived on charity, and that had con- tinued down to the present time. His MR. NIXON GRAY. I brother had made him an allowance from time to time to help him live. At that time, in January, it was an awkward posi- tion for John, because there was still the equity of redemption left in these pro- perties, and it was, therefore, necessary that he should get possession of them for himself. He, therefore, proceeded to make certain astonishing agreements, by which he pur- chased out-and-out the whole of these pro- perties. At this time Mr. H. J. Thomas was pressing plaintiff for a settlement with regard to the Nixon Shares, which had been handed to Thomas as security for certain advances. On the 5th of January there was an entry in Rees's diary- Long attendance on Mr. John with regard to Gray's shares and payment of mort- gages. There was another entry in Rees's book- Searching your safe at Peterston, and finding all documents taken away. Only two persons had keys to that safe- plaintiff and defendant John. On the 12th of January there was an entry, "Conferring about the Thomas shares," and on the 15th of January plaintiff executed a mortgage to Thomas for £ 2,100, but the actual amount paid was It,900 odd. His Lordship: What have I to do with this transaction, Mr. Thomas? Mr. Thomas replied that he was going to show that there were two sums paid by Thomas, one of 1750 and another of Pgoo odd, which came into the possession of John, and John never accounted for them to the plaintiff. About this time there was a mortgage to Mr. H. J. Thomas, who paid plaintiff £ 750, and that money was paid into John's account without any explanation as to why it was done. On the 15th of January, the same day, John said he gave plaintiff X150 on a second charge on Penydarren Farm, so that on the very day that plaintiff was supposed to be taking £ 750 from Thomas John said he lent plaintiff L150, but plaintiff said that he never got it. On the 7th of February there was an interview with regard to the bankruptcy proceedings, and Rees's diary read:— Attending you and reading bankruptcy notes which had been served on you; con- ferring and advising on your affairs gene- rally; very long attendances with you as to financing and settlement of various claims against you; you not able to pay the amounts and requiring assistance, and said you would ask for help; it appeared there was very little left; attending you and John, very fully discussing the matter, and he finally agreed to find more money to pay off pressing claims, if you would agree to give him charge of all your property; you offered to sell him Tynycaeau Farm with all stock, at valuation; con- ferring how this could be done; you both finally agreed to have all valuation by Mr. H. Thomas, and if the valuation came to more than the charges in John's favour, he would pay you the balance, the matter to be left in abeyance till your return from Ireland. Attending you from 7.30 p.m. till 11.30 p.m. Bankruptcy Averted I No doubt, counsel continued, the fat would I have been in the fire if the bankruptcy had been allowed to go on, and he thought that when John and Rees found themsBlves in fa,oe of that contingency, they were only too delighted to keep plaintiff out of the court as long a.3 possible. Then there came an agreement to advance money by John. It was said that there was a sub-mortgage on Ponydarren Farm on the 14th of January, and on the 15th there was an order Tom John to Messrs. Hill and Son requesting them to return all documents, letters, Ac., and all cheques which had been given to them by plaintiff. It appeared that when plaintiff came back from Ireland he was in a. little saner state than usual, and he was wise enough to go to Messrs. Hill and Son, his old solicitors, but he went back again to Bees, and that was when John wrote to Messrs. Hill, but Messrs. Hill did not give up the cheques, and that was how the plaintiff's solicitor would now be able to discover and keep all the cheques which were drawn on the Cardiff Bank. Of course, these cheques would have been very useful to keep possession of, and so Messrs. Hill did not give them up. On the lith of February plaintiff gave to John a charge oo everything he had in the world in a documant which said: As there are a number of pressing accounts due from me which ought to be paid, and, as I desire the money to pay such accounts, I shall be glad if you would advance such sum as would settle these claims. In consideration of your making such advance, I agree to execute on your demand in your favour such legal mort- gages on all properties which I hold, whether freehold, leasehold, or personal property, as you may require, and to hand you the deeds of such as are not already mortgaged, such mortgages to b& prepared by a solicitor at my expense, and to contain such covenant, powers, provisions, and clauses as are usually inserted. Pend- ing such execution, I agree that this docu- ment shall constitute a charge on all such properties as may be agreed upon with you. This was witnessed by Rees, and there was no doubt that he prepared the documents. On February 14 Mr. H. J. Thomas found Gray a further sum of C995 12s. 5d., when he said that he paid it to the plaintiff, of course, what happened was that the cheque was paid into John's account. At that time Gray was living at Eldon-road with these women and was extremely ill, but he was brought to the Alexandra Hotel for this transaction. The arrangements for the sale and valuation of the farm were completed by February 25, and to counsel's mind, the valuation was the most astonishing document that ever was seen. Gray had paid for the farm X10,000, and had spent between £1,000 and £ 2,000 on improve- ments, but John, the mortgagee, got a convoyarice to him of too whole of this £10,000 worth of property and further expendi- ture for £ 6,000, while the stock, &c., was valued at £ 995. Just imagine the horses and I all the furniture and effects being valued by this man, H. Thomas, at L995! No Judge of a Horse I Counsel wondered whether Thomas really I knew the difference between a valu- able horse and a donkey. (Laugh- ter.) If he did, had he taken the trouble to find out from John what Gray had paid for the horses? Why, for the four horses that remained on the farm he believed that John had received more than £1,000 from Gray. It really cama to this, that John was the O.VIOIer of everything that Gray possessed except the clothes in which he was standing. Mr. Justice Warrington: How about the leasehold houses? Mr. Abel Thomas: Oh, there is a re-sale of them in consideration of £ 500, but that means that John, having sold the premises for £ 3,250, and received rents during the whole time, buys them back for E3,000, and pockets £ 250. Continuing, counsel said that he would prove that at this time Gray was in an absolutely hopeless state, and unable to move from his own house, or what he believed to he his own house. That was practically the whole of the story. Gray stayed in Eldon-road for about twelve months, when his brother came on the scene and sent him on a voyage. When he returned he instructed his present solicitors to take proceedings to find out where his property was, and what had happened to it. Marion ) Butler was still alive, but was in a luna-tic I asylum, and would not be called. I Remarkable Feature I A most extraordinary feature of this case I was that one of the witnesses had been mur- 1 dered, another had committed suicide, one was i in a lunatic asylum, and five had died. Mr. Warmington: There is no charge of murder in this case. (Laughter.) Now, Marion Butler, continued Mr. Abel Thomas, at the time was sane, and the plaintiff, when he came back, went to see her again, and it would be found that this extraordinary state of things happened. Plaintiff was induced by Marion Butler to go to Mr. Rees's office. He was induced by Mr. Rees on the 25th of September to write in the office a revocation of authority to his solicitors, Messrs. David and Evans. This was the letter Mr. Rees wrote:- I have this morning received a letter from Mr. Gray, stating that he has withdrawn his authority for you to receive his papers from me, and instructing me not to hand the same over. This being so, I shall be glad to have an appointment with you to receive back the papers handed to you last week. That letter was written by Gray in Rees's offica at Rees's instigation, and then Rees wrote saying that he had received a. letter from Mr. Gray. Plaintiff did write a letter to Mr. Davfd, in which he said:- Dear sir,-I do not wish to proceed any further in the matter I saw you about. So please do nothing further in it. If you have received any papers from Mr. Rees, solicitor, please return same to him. Mr. David, it need hardly be said, made inquiries, and found out how it had been done. It was instructive, too, to find in Mr. Rees's account against Mr. Gray an entry of an advanoe of 10s. on that date, which Rees lent plaintiff, and which was spent in the company of Mr. Rees in drinks at a neigh- bouring public-house. "I really tbink, con- cluded Mr. Thomas, that that is a fit end- ing for a case of this kind. It does not matter what the witnesses say in this case. I submit that the documents themselves show that John, aided by Rees, has succeeded, in the course of nine months, in practically getting from the plaintiff into his own pocket pro- perty to the value of £ 32.000. I leave out the other £ 5,000, which I have no doubt Mr. Gray wasted out of the L37,500 which he had at the end of March, 1900." In answer to the learned Judge, Mr. Thomas said that he asked the court to make an order for an account of the leases and documents, for the return of money and property of which the plaintiff had been deprived. His Lordship: On what ground do you say that the defendant John must refund? He is not an agent. What are your legal grounds? Mr. Thomas replied on the ground that John, by undue influence and fraudulent documents and fraudulent acts, had succeeded in obtaining from the plaintiff the whole of his property. It was difficult in a case like this to suggest an order. Had there been only one trans- action concerned it would have been different, *dent, if plaintiff 6uc- but taking the £ 2,000 incident, if plaintiff suc- ceeded on that the court would be asked to look at the other incidents in a. very different light, His Lordship asked in respect of the C6,400 cheque. Did plaintiff say that was money received by John for the use of the plaintiff? Mr. Thomas said that he did. As to the mortgages he suggested they ought to stand for what was actually advanced and redeem the properties. Spirituous influence I After the luncheon interval Mr. Rowden proceeded to deal with the grounds on which he claimed relief in this action. It would not be right of him to address the court on the facts. His Lordship: No, say what you like about the law. Mr. Rowden said he did not suggest that there was any judiciary relationship, but what he said was that there was a weakness on the part of the plaintiff through undue influence, a weakness on his part connived at, if not produced by, the defendant in order to get large benefits. He quoted certain legal authorities to support his contentions. He quoted a case of spiritual religious influence, and said he did not suggest that against the defendants here. (Laughter.) Mr. Abel Thomas said it was rather more like spirituous influence. (Laughter.) His Lordship asked what relief was claimed against Rees? Was it damages for negli- gence? Mr. Rowden replied for failure of his duty to his client, and certainly for that in the accounts they had proved payments of money to him and money received by him. Mr. Thomas said that nOO was paid to him long before L50 costs could have been incurred. His Lordship: All that could be obtained on the common form taxation order. Mr. Thomas: I am not sure that it would not, but there are items, like the X,55, which would not come in a taxation. Then there was the Penydarren business. Rees had managed the whole of that. His Lordship thought an order for taxation would bring that out. Mr. Rowden said that the case the plaintiff made against R-aes was that a number of documents had been executed by plaintiff, which were drawn up by Rees, and that Rees was party to a fraudulent scheme of whioh these documents were elements. His Lordship asked what rendered Rees liable for, if he was a party to a scheme to defraud a person to whom he owed a duty that might render him" liable for damage, but if he owed no duty, and if he had not received any benefits, could he be made liable in damages? What authority was there for that? Could they make him directly liable for the moneys which John had got out of plaintiff? Mr. Rowden quite agreed that it would need a very strong case to make Rees liable for money due from John to the plaintiff. lfu put it that Rees was party to a fraudulent scheme, and he certainly was liable to account for ,th¡{ money he had himself re- ceived; and, further, he was liable in damages for breach of the duty he owed to Gray as his client. He should specifically ask for relief as regards the commission that John got out of Fraser, the vendor of the farm, on April 28. There was a commission note given. This was not a case of setting aside a contract based on a. secret commis- sion, but a case of recovering commission from the person who received it. His Lordship said they had not pleaded that. I Mr. Rowden agreed, but said they had given the other side notice that the point would be taken at the trial. They knew nothing about it until they got the informa- tion from Fraser. It was absolutely con- cealed from them, and directly they learned it they gave notice that they should ask leave to rely on it at the trial. His Lordship: Then you ask leaxe to amend? Mr. Rowden replied, "Certainly." The Judge: You had better formulate this. Mr. Warmington: We were told that this question would be raised. The Judge: I don't think you can be much taken by surprise. Mr. Warmington: I shall take it you put this to issue. Mr. Thomas read the notice which he had given the other side. I NIXON GRAY IN THE BOX I Mr. John Nixon Gray, the plaintiff, was then called. In aawer to Mr. Rowden, K.C.. he said that he was now living with his brother at Raglan. It was in June, 1899, he thought, that his great uncle, Mr. John Nixon Gray, who was a very wealthy man, died, and he would then become entitled under his will to a sum of £ 40,000. It was in money and stocks and shares. In the division of the shares you received were there any Nixon Navigation Shares?— Yes. In October. 1899, what were you doing?—I was a mining engineer and colliery surveyor. Only very slightly. Do you mean you were actually a surveyor, or were studying only?—I was actually a colliery surveyor, and was studying to be a mining engineer. Had you passed any examinations ?-No, except some science and art things. Where were you living then?-At Merthyr Vale. Had you any solicitors who were acting for you ?—No. Who acted for you in connection with your share of your great uncle's fortune ?-I put it in the hands of Messrs. Hill, of Cardiff. Had you any banking account at the time? —Only a small one, at the Metropolitan Bank at Merthyr Vale, afterwards changed to another branch of the same bank at Aber- dare. Were you living in a quiet way?—Tea. in & small house. I think Miss Davias was living with yon as your wife at Merthyr Vale?—Yes. Were you in the habit of visiting Cardiff in, J the winter of 1899 and 1900?—Yes. What had you had to do with John Up to j the time prior to the winter of 1899?— Nothing to speak of; I might have borrowed ¡ a sovereign off him. He was the landlord of I a public-house. What was his trade?—I knew he had horsea. and that he was landlord of a public-house. DId you in the winter an frequentt,v after. wards go to the Alexandra Hotel, Cardiff?— Yes, after I came into my money. The hotel is near the station from where you go to Merthyr?-Yes, about fifty yards. After you came into your money did you become intimate with John?-Yee. Did anything pass between yon about coming into your money?—Yee. After I had known him for some time he asked me how much I had come into. When was that?—in the early part of 1900, about two or three months after I first came into it. When did you first have transactions with him about horses?—About the end of Feb- ruary or the beginning of the year 1900. We see you paid a visit of four days to John's hotel at the beginning of the year?- Yes. Mr. Warmington: You are not entitled, Mr. Rowden, to tell him what is in the books. Mr. Rowden: What were your first trans- actions in horses with John?—I bought a pair of cobs from him, but I cannot remember the price. In further examination, witness said that shortly after that he went to live at the Alex- andra Hotel. He thought it was about two or three months after coming into his money, but could not fix a date. When you came to the Alexandra Hotel were you drinking wine much? What were your habits?—Yes, I drank a good deal. I dined there nearly always. What wine was it?—Champagne, Mr. Justice Warrington: Did you usually dine alone or with someone else?—Generally with John and someone else-perhaps two oi three. Mr. Rowden:- As regards your drinking, was it at the Alexandra. only or other places as well?—A very great deal at the Alexandra, but I also drank at other places. How long did this continue?—Right along until I got ill. I got so bad that I could not drink any more. John dined with me nearly every night. Paid for the Dinners Who paid for the dinners?—I did. And for the wines?—I did. For John's and his friends as well as youraf —Yes, I paid for the whole lot. Did any other persons dine with you.?—Yea, anyone who was anywhere round. (Laughter.) Did you invite them to dine with you?- If I did not John did. It was a frequent occurrence for John to invite people to dine wi.th me. He would say, Jack, you don't mind So-and-so coming up to dine with you?" \nd I would say, "Certainly not." You had a bedroom at the Alexandra?—Yea. Did you drink in your bedroom as well?- Yes. Late at night?—Early morning would be more correct. Did that continue during the time yon stayed there ?-Nearly the whole time. What did you drink in your bedroom?— It might be anything from champagne down to whisky and eodas, most liltely the latter. Do you remember having a discussion with John about money coming to you? Yes. He said, "Why don't you try to make a bit more? Are you Hot going in for some good show horses?" I told him then I did not know much about them, and he said that he would show me all he knew about them. That was in April or May, just about the commencement of the showing season. Had you been to his farm at Cardiff?- Yes; he took me there to show me his horses. Was anything said about you buying any of his horses?—It gradually worked round to that. He offered to sell me anything he had got on the farm. Was anything said about the partnership? —Yes, but not till later, when we got to know each other better. Did you attend any shows with him in the summer of 1900?—Yes; I think the first one was at the OrystaJ Palace, where I showed some horses belonging to myself, and one of them won a third prize. Continuing, witness said that during a dinner he bought twenty or 25 horses. First of all the show horses were kept at John's until he got the farm. How came you to take the farm?—Mr. John said he knew of a good farm near him, and I took it. Did you go alone?—No; Mr. John went with me. What took place when you got there?—Mr. John said it was just the sort of place, and I should buy it. Did you use to have bills made out for your charges at the hotel?—I used to get it now and a .gain. Were these bills paid by yon?—Yes. Con- tinuing, he Said that they both showed at times. "The horses were really mine," added plaintiff, "at that time, only they could not be transferred so as to get the entries in." You mean the entries had been sent in in John's name?—Yes. And then you agreed to buy the horses?- Yes, I bought some of them, and then they were shown. Did you know anything about an agreement between Mr. Fraser and Mr. John by which the latter was to get a commission if you took this farm?-No; I did not know anything about it until the last few days. How were you first introduced to Mr. Rees? —Through Mr. John, but I do not know exactly at which public-house or hotel. It was in a hotel?—Yes. Then tell us how you became introduoed. Did Mr. John introduce you?—I believe so, or I might have asked him to have a drink. You might have met him in the hotel and asked him to have a drink. Is that right?— Yes. Did John tell you anything about Rees?- He told me he was a good sort. Anything else?—Oh, that he was all right, but was rather badly off, and if I wanted to act the friend and I wanted to do a good turn I would let him act for me. Did he say anything about being his (John's) solicitor?—Yes; he said he had done a lot of work for him. Did you tell John about Hill being your solicitor?—Yes; he asked me before who my solicitor was. What did he say to that?-"Why don't yon let Morgan Rees have it?" Did you know at that time that Rees was a bankrupt ?-No, I did not. Then I think Mr. Rees did act for you in getting the lease of Fraser's farm?—Yee. Mr. John said we had better have one soli- citor between us as it would save expense. Did John say anything else about Rees before he acted as. your solicitor ?—He said that Rees was a good sort, and could not do much wrong as he (John) had Rees under his thumb. I asked him what it was. and John said that Rees owed him some money. Afterwards witness said he took his money from Hill's because he was persuaded to do so by John. The latter said that Hill VM no good, and all that sort of thing. Called a Youno. Fool Witness went to Hill's office, when he was

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