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I ! NARBERTH COUNTY COURT.

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NARBERTH COUNTY COURT. On Monday, the 17th January, before His Honour Judg3 Bishop ,an action was brought by Owen Phillips, Llanycefn .against P.C. Morris Maenclochog, for dan-ages for false imprisonment on the 22nd October last Mr. Ivor Bowen (instructed by Messrs. Las- celles and Lewis, Narberth) appeared for plaintiff and Mr. Wilfred Lewis (instructed by Davies George. Haverfordwest) fllr defendant. Mr. Wilfred Lewis told His Honour that the parties had arranged terms of settlement in which defendant was to pay plaintiff £ 5 damages for unlawful imprisonment, and tax costs on Scale C, Continuing. Counsel sail that the defendant regretted having arrested plaintiff through a mistake, and was very sorry for what lie had done. Mr. Ivor Bowen, en behalf of plaintiff, said no doubt defendant had made a mistake in arresting an innocent man. The matter had been settled amicably, and he hoped the n istake would not retard the defendant in getting promotion from the police authorities. His Honour: I see the Chief Constable is pre sent, and no doubt he will make a note of what Mr .Bowen has said, and bear it in mind. His Honour then gave judgment in the terms of settlement JURY CASE. Arthur Williams. Wedlock, Tenby, v Wic. Davies, Gloucester. This was a case arising out of the sale of a horse on the 10th November at the Narberth fair by plaintiff to Air. Midwinter, agent for de- fendant, for the recovery of cheque for £ 21, the value of the horse, payment of which defendant had stopped. I H I Mr Ivor Bowen 'instructed by -illessrs. ",is- celles and Lewis) appeared for plaintiff, and Mr. Melville Harvey, Gloucester ,for defendant. Mr. Bowen having opened tho case called plain- tiff and examined him. Plaintiff said he brought a horse to Naroerth fair, and instructed his son to sell it. L23 was J HI lIired but the horse was sold for t21. He did not go with his son because he had other btis," -I ness to do. He did not warrant the horse sound. There was a blemish on one of the fore legs, and had it not bean for that the hoise would be worth t28. His son came back to plaintiff, and told him that Mr Midwinter had bought the horse He then went to see Mr. Midwinter, and he asked him who was goin gto pay? Mr. Midwinter said Come down to the Angel to have a. • lieque." Plaintiff was given a cheque by Mr. Davies. if Gloucester, for whom the horse had been bought. The chequc was dishonoured on the 25th Mov. Plaintiff wrote to defendant. Plaintiff wrote to defendant. Plaintiff's son took the horse to the station for Mr. Midwinter. and brought it back gain. He was quite willing for defendant to have the horse now. Cross-examined by Mr. Harvey, plaintiff &an 'I the horse will bo four years old in the spring. He had not seen Mr. Davies at all till he got the cheque The horse was brought back the same evening by his son. He did not write to defend- ant before the 25th November to say that his son had no authoritv to take the horse back because he did not have his address. He got it from Mr. Rrewer afterwards. Levi Williams, plaintiff's son. on being ex- amined by Mr. Tvor Bowren ,said I am 20 years .)f age. I brought the horse to Narberth fair on I the 10th November, and my father instructed me to sell it. I sold it to Mr. Midwinter for £21 I Mr. Owon was present. Nothing wa& sai.1 ahc-u? l w:u ranting tin horse. Midwinter asked ?e to take it to the Moor, and I trotted the horse along I did not see Mr. Davies. I took the horse to the station about noon for Mr. Midwinter, who asked me to trot him again over there. I gave the horse over to some chap with Midwinter, t-nd then I left for Xarberth. Midwinter called after me [ and told me to take the horse back as it was lame. [ took it back because I did notknow whether it had been paid for or not. My father did not in stiuct me to take it back. Cross-examined by Mr. Haivey, witness said Midwinter did not ask if the horse was a, sound animal. He only asked to see him trotting. He asked if he was a. good goer, and I said I had driven 12 miles that morning. Midwinter went away, and about luJf-an-hour later ho came to me again, and said he would stand to his offer or £19. The horse was ultimately sold for £ 21. I believed the animal to be genuine and sound At the station Midwinter and others came to me and asked me to trot the horse again. Midwinter then said it was lame, and that I had sold it as a sound horse I told him he bought the horse ¡:s he stood. I did not tell him it was a sound horse. I took the horse back; Midwinter told me to do so. Mr. Edward Owen, Vogar Farm, said he was a I farmer, and was present at the deal, which took place at the fair. There was absolutely nothing said about the soundness of the horse. The defendant, Wm. Davies, examined by Mr. Harvev said: I am a horsedealer and farmer liv- ing at Gloucester, and have beea buying horses for Ht years 1 have never before had a dispute about a horse. Midwinter came to me at the Angel at mid-day, Nov. 1OVil, and Mr. Williams with him. Midwinter told me to pay JC21 for a hot so, and I gave a cheque. I saw the horse first at the station at I P* M. Midwinter told me the horse was lame an d young Williams admitted it was I said he must take it back, and he said Very well I told him the cheque would be stopped. I received no notice that the horse is at my risk and expense Cross-examined by Mr. Ivor Bowen. William Davies said I know the horse is mine when the money is paid if it is a sound animal. The horse was warranted as sound I did not see it till I wont to the station. I lef tfor Gloucester at 1.36. so had no time to go back to sea Mr. Williams. i received a letter from plaintifi on the 25th ov. I I did not reply to it because I saw my solicitor j about it. At'(-Ik,-ititer wis in(] w.,is e%,tniitipri tv Mr. Harvev. He said he asked the age of the horse, and if'it had done harness work. NN" I.. liamt; said he had driven 12 miles that, morning. He then asked if he was a, sound, genuine young horse, and Williams said it was. Ho had to be particular :n buying as he was laying out Mr. Da^ies's money. He did not see Mr Ow en. He told Mr. Wil'iams to come to the Ang?l for a cheque. At the station he met Mr. Chureh. Thev went straight to the horse. Young Williams trotted it along, and it was very lame. The horse was no good to him. Young Wilhsms admitted that the horse was lame and took it away. Cross-examined by Mr .Bowen, Midwinter said he did not know there was a blemish and did not say it did not matter as he couid take it off. He did not see it run previous to buying it. He only saw it trotting about 10 vnrds in the fair, and could not see whethe rit was right or not. The Counsel addressed the Court, and the Judge-having reviewed the case gave the jury the following three questions to consider: (1) Was tl ere a, warranty given with the sale of the horse (2) was the horse sound, and if so was there a breach of warranty (3) did the plaintiff's son take the horse back t nd revoke the contract ? The jury answered the thrae questions in the I negative, and the judge gave a verdict accord- ingly in favour of plaintiff, with costs. 4 Evan Pritchard, Tvllosg, Rosebush, farmer, v. Griffith Phillips, farmer, and John Davies, lab ourer, both of Eglwyswrw. This was a case ir which plaintiff claimed tV) damages for assault and hattery Mr. Stokes appeared for plaiiififf, and Air. Ivor Bowen, instructed by -Air. Evans, of Fishguard. for defendants. Plaintiff said lie met defendants at the Far- mcr s' Arms, Maenclochog, and Phillips caught hold of him and knocked him down. He had given no cause for the assault It was entirely unprovoked. Hugh Pritchard said lie saw Phillips's head bleeding profusely after the assault, and the dc tor put several stitches in. and gave a certificate which stated that plaintiff should not !(-t%-e tlio, house for some days. John Davies cioss examined. Said that Prit- chard struck the first blow. Mary Evnon corroborated. j Mr. Bowen addressed the jury at length, and described the whole affair as nothing more or less than a public-house brawl. The jury found a verdict for plaintiff with 10s. damages and -osts APPLICATION FOR A NEW TRIAL. I In the case of Mrs. Mary HoiN-ell, of Returno, against 'lliomas Williams. certincated bailiff, for illegal distress, it will be remembered that at the 1; st court damages ( £ 20 and costs) were given against the bailiff. Mr. Llewellyn Jones, of Newport, Mon., one of the trustees of Plascrwn estate, who authorised the distress, now applied for a new trial on the following grounds(1) That there was no evi- dence that the title of the landlords had dete;- mined at the time of the distress, but that on the contrary the evidence was clear and uticontra dieted that their title continued at the time of the distress. (2) That the question of the title of the landlords shoull not have been left to the jury as this was a. point of law to be decided by the judge alone, and that the jury were mis directed therein. <3? That the question who was I the owner of the farm on the :qth September. 1909. ought not to have been left to the jury alone and the fury w ere not directed thereon. i4) That the verdict of the jury on this question was con- trary to the weight cf evidence. '5> That there was no evidence to justify the finding that plain tiff was not in possession of the farm at The time of the distress, but that on the contrary the evi- dence was clear and uncontradicted that she was in possession thereof. (6) That there was a. mis- direction to the jury on this question in the as pumption that Thomas Lewis Killa. had any authority to give any consent or leave to the plain- tiff. (7) That the verdict on this question was contrary to the weight of twidence. ,8) That ilic-re was no evidence that Thomas L. Killa had any authority from the landlords to change the chaiacter and nature of plaintiff's possession pre- vious to the levy of the distress. J Mr. Ivor Bo*.ve/i appeared for Mrs. Howell, a .d after a long discussion the Judge refused the ip plication, with costs.

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