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MONDAY.

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MONDAY. The monthly sitting of this Court was opened at 10 o'clock, before His Honour Judge HERBERT. CHARGE AGAINST A SOLICITOR. Williams v. Blaiberg.—This was an adjourned case, and was an action brought in the name of Joseph Williams, fishmonger, Barnes well-ro ad, Newport, to recover £ 50 damages from Solomon Blaiberg, money- lender, of Cardiff and Newport, for having registered a bill of sale contrary to agreement, and by so doing 1 destroying the credit of the plaintiff, Mr. Tomlinson now said he appeared for the plaintiff, who disclaimed ever having authorised the proceed- ings, and said that he never instructed Mr. David to institute them. He consented to the action being dis- missed. Mr. Poole, barrister, instructed by Mr. W, K. Morgan, appeared for the defendant, and said The matter appears before your Honour to-day in this light Mr. Gibbs I ask your Honour whether in a matter o"this kind, in which it appears from the notice served upon Mr. David that it is intended to impugn his pro- fessional credit, I have a locus utatidi to represent Mr. David. His Honour I think so. Mr. Poole I won't make any objection. The mat- ter appears before your Honour in two lights. The plaintiff appears ou an adjourument from a hearing which should have taken place I think at the last sittingllyou had before the vacation but which, for reasons 1 shall explain, was adjourned. That is in the case. But there is another matter before you which relates to the same thing. The application upon the tile, which has been adjourned from the Registrar, is relative to tho discontinuance of this ac- tion and as to the costs. His Honour Costs are claimed on the grounds that the plaintiff has given notice through his solicitor dis- claiming the action and denying that he instructed Mr. David to bring the action. Mr. Poole You have that application for your consideration to-day, and also the matter of costs. It will be necessary for me to detail to you the circum- stances of the action. My client, the defendant, ap- pears to have lent some money to the plaintiff, and for security took a bill of sale on his property. He registered that bill of sale, but did not take possession of the goods. The plaintiff filed a petitioniin liquida- tion, and to restrain defendant from enforcing the bill of sale. He then brought an action against defendant for having registered the bill of sale contrary to agree- ment, and for having forced him to go before his creditor?, and a further charge was made that the bill of sale was obtained by fraud. I appeared in that action. It was palpable to your Honour that the action was on an agreement that was outside the bill of sale alto- gether, and therefore you could take no cognizance of it. Then, without calling the plaintiff to substantiate the declaration that the bill of sale had been fraudu- lently obtained, your Honour advised Mr. David that if the facts were as he had said, he had better take .proceedings in Chencery to set aside the bill of sale. Mr. David eventually withdrew the action, and issued a writ under the Court of Chancery, and brought the action which is now before you. The original damages were £50. He claims now that the bill of sale might be set aside, and claims f500 damages. Thereupon a correspondence arose, and at last on the 13th December, Mr. David wrote to Mr. Morgan It is my intention to take proceedings to set aside the Bill of Sale- That is the action which now comes before you. Plaintiff says that Mr. David told him that he (Mr. David) would be answerable for the costs if be would bring an action. The action was withdrawn, and the costs were taxed, and the present action was commenced. On the 19th February Mr David writes to Mr Morgan that he will sign judgment in want of a statement of defence. Mr. Morgan replied on the 20th that he had forwarded instructions to his London agent for the de- fence. Mr. David wrote again on the 28th that he I would sign judgment unless the matter was compro- mised. On the 27th Mr. Morgan wrote to Mr. David asking what amount his client would accept in settle- ment, without prejudice. Mr David replied on the 28th, X50 and costs without prejudice. Mr. Gibbs I presume it is clear to your Honour. The question I want to take your Honour's ruling upon is whether, in a matter of this kind, in which the only question is as to the conduct of a solicitor, it is com- petent for the parties in the action to go into that con. duct before your Honour. The Judges Surely I must go into the question of costs against a solicitor. Mr. Gibbs I hope your Honour will not rule with- out hearing evidence for Mr. David that you had no jurisdiction. Hir Honour I really can't tell whether I have jurisdiction or not until I hear the evidence. Mr. Poole 1 feel that this is a charge against a pro- fessional man. The matter comes before your Honour in this way That is the correspondence which took place before the day on which there should have been a hearing. My client having an action brought against j him for cancellation of a Bill of Sale and zC500 damages, and a serious charge made against his credit, naturally took the best method of defending himself. On the 17th of August Mr. David wrote to Mr. Morgan say- ing that as Mr. Bowen Rowlands would not be able to attend he should apply for an adjournment on the 20th, and that he (Mr. Morgan) had better write to me. The action had been brought up before the hearing and there had been an order that the plaintiff should furnish an affidavit and documents. Mr. Williams said, that not having instructed Mr. David to bring the action he would entirely refuse to give him the affidavit. That affidavit was wanting, and one of the reasons for hearing the case on the 20th Williams says was, thatac«iast Mr. David's persuasion he refused to swear to an affidavit. But the reason given in the letter which I have already read to you was the absence of Mr. Bowen Rowlands. On that day-the 20th of August—Mr. Bowen Rowlands at- tended here and appeared before your Honour in one or two cases. His Honour He appeared in the case of Graham v. Payne. Mr. Poole continued As far as I am concerned, the adjournment was a considerable inconvenience to me but I was willing to oblige another professional gentle- man by not coming. But Mr. Boweu Rowlands did appear, and made an application to your Honour for adjournment in this very case. Of course Mr. Morgan was unable to go on in my absence. Mr. David may be able to explain that, but at the first blush it does appear to be unaccountable. 1 put off several engage- ments that day in order that 1 might attend before your Honour. Either upon that day or a subsequent one, it came to the knowledge of Mr. Morgan that plaintiff had declined having anything to do with the action, and had given notice to Mr. Blaibeig of that fact, and had sworn to an affidavit before Mr. Tom- linson, which was brought to Mr. Morgan. (Mr. Poole read the affidavit, in which Williams stated that he bad never instructed Mr. David to take any proceedings against Mr. Blaiberg in any way relating to the bills of sale which he had given to Mr. Blaiberg, and that any proceedings taken by Mr. David were taken without his consent and sanction, and that the bill of sale given by him to Mr. blaiberg, was read over to him by Mr. John McCarthy, and he signed it after it had been read over.) Mr. Morgan, veiy properly, 1 think, at once drew Mr David's attention to this affidavit in a letter dated the 20th of August. (Mr. Poole read the letter.) No answer was received to that letter, and Mr. Morgan wrote another on the 22nd, saying that as Mr. David had not replied to his letter of the 20th he had no alternative but to lay the papers before counsel. Then, at last, Mr. David writes a letter, which appears to me to be most un- called for, and abusive. (Letter read. It was date 1 the 23rd August, and said that Mr. Morgan's conduct in interfering with his (Mr. David's) matters, and holding communication with his client, and getting him to sign documents, was most uncorteous, un- gentlemaoly, and unprofessional. Mr. David added I should have thought that, with your experience, you would have known better how to behave yourself. I shall make no comment ou the subject matter of your letter, except to deny the charge. I consider you are unworthy of membership in an honourable profession like the legal, and henceforth I shall know how to treat you.") Mr. Morgan wrote on the 24th I have not seen your client or got him to sign auy document." On the 19th of August Mr. Williams wrote to Mr. David saying he should have nothing whatever to do with the case, and withdrew from it, and for whatever was done Mr. David alone would be answerable for the consequences. Now, sir, you see that the plaintiff is in this position. He says that he has nothing to do with the action. Now, either there must be an order for costs against the plaintiff, or against Mr. David. The action has been brought against the defendant, and it is evident that somebody must pay his costs. If the charge which the plaintiff brings against Mr. David is a true one, Mr. David wi 1 have to pay the cost, and have to answer hete oi in another place for what he has done. It is not for the defendant to make out the case against Mr. David, but he must necessarily bring the matter before you. Now here are two actions of the most expensive kind, brought by the attorney of a man of straw, in which he would, if successful, have been able to obtain a large amount of costs, but, if unsuccessful, the de fendant would necessarily get no costs at all. I don't know that I can claim anything at your hands, but I suppose your Honour will take into consideration tLe manifest injury done to my client, and act in your discretion, if the matter bad been brought before the High Court ot Justice an order might have been at once made against Nir. David. The question which j arises before your Honour id whether it must not necessarily bo apa-t of your jurisdiction to make a similar order, seeing that the case was remitted here from the High Court. His Honour The case is initiated in the High Court, and not here. Mr. Poole The-a have been legal proceedings which have taken plaee since the case was remitted to your I Honour, which, if initiated without the authority of the plaintiff, muse necessarily bring Mr. David within your Honour's jurisdiction. It must necessarily be contempt of court. His Honour There may be some question whether the equity suit was properly brought here. Mr. Poole It was remitted by consent, I think. There is a matter being carried on before your Honour, and I apprehend your Honour, as between plaintiff and defendant, will make no objection, neither party r tising the point. His Honour If that is the case, I shall deal with it. Mr. Poole Now, how is your Honour going to deal it. I apprehend that Mr. David has signed the roll of tiis court. I don't know whether that is of any im- portance in your Honour's eye. If he has signed the roll he has become an officer of the Court, and subject to your Honour's order if guilty of contempt of Court. Supposing an order is not made, and you leave the party injured his right of action, I apprehend that if you make no order against Mr. David you make one against the plaintiff. His Honour No, I don't think so. 1. Mr. Poole There is one other course that appears to me to be feasible, and that is for you to make an order that Mr. David should be defendant ki the suit. Your Honour knows that you have power to make anyone a defendant. His Honour: But he must be interested io the mat- ter of the suit in some way or other. Mr. Poole Is not Mr. David interested in this way —The plaintiff says,. 1 am not liable for the costs because Mr. David is." His Honour But he must not only be liable for the costs he must be interested in the suit. Mr. Poole The action rests in this way I appear for the defendant. There i3 an affidavit which says that the proceedings have been brought without any authority from the plaintiff., Your Honour will decide whether he has given authority and must pay the costs or if he has- not given authority Mr. David must pay the costs. His Honour I think the preper course will be for Mr. Tomlinson to pjtt his client into the witness box to show why he should not be mulcted in costs. If he can satisfy the Court that fee never engaged Mp. David expressly or constructively, that will absolve him from costs. Perhaps sufficient will come out to justify the Court in making an order against Mr.. David. Mr. Poole The action itself has come to an end now. It is a mere question of ccafts. Joseph Williams was then called,, and said On the 15th October, 1877, 1 filed a petition in liquidation. A composition was agned upon in the latter end of last year. I gave a Bill of' Sale to Mr. Blaiberg for £ 30 he lent me. The Bill of Sale was for £47, and it was given on the 20th August, le-n. Mr. David was my solicitor in the bankruptcy proceedings. Soon after a composition waa agreed upon, Mr. David called upon me, and said 00 me and my wife, I want I' to try and get some money for you that you have paid." He said it was from Mr. Slaiberg. I said I would have nothing to do with it. "1 have no money, and don't understand the law." Mr. David said, "Never mind, I don't want any money, and r. understand the law." After that he called upon me, and. asked me to attend this Court,, and I did so. I attended as a witness. That was on the 17th December. I was not called to give evidence. Next morning. Lsaw Mr. David by my door, and he said, "The case is adjourned for a month." I told him to leave it alone. I never heard anything more about the case until Mr. David's bro- ther told me to come up to hia ofSee- and sign an affi- davit. I told him I should not go without some gentleman would come along, with me. He said, You come along with ze, and I'll take you to a solicitor." I refused. I hadi no money to pay any costs. The Bill of Sale I gaie to Mr. Blaiberg was read over to me by McCarthy. I never gave Mr. David any instruction3 about these actions. Cross-examined by Mr. Gibbs-r I did not consider that in October, 1877, I had any complaint against Mr. Blaiberg except that he had charged me too much. 1 did not go to Mr. David •; he came to me. I never went to Mr. David. A gentleman took me to Mr. David's office when I got into difficulties. The gen- tleman was Mr. Brimfield. 5 instructed Mr. David to tile a petition in liquidation. I don't believe I mentioned the Bill of Sale at the time when 1 filed my petition. I filed the petition because people were asking me for money, and f had none to give them.. By filing the petition I restrained Mr. Blaiberg from entering my house. I do nob remember filing an affi- davit on the 19th October, 1877, "That Solomon Blaiberg, of Cardiff, is the holder of a Bill of Sale on my property, which, I am advised and believe, is void as against my creditors." I might have tiled such an affidavit I had paid Mr.. Blaiberg X47 10s before I filed my petition. J got A60 altogether from .Mr.. Blaiberg wnen I gave him the Bill of Sale. Mr. Poole There were two Bills of Sale. Cross examination continued That liquidation petition resulted in my paying a composition to my creditors. Mr. David did not take down any state- ment from my wife. I went with Mr. Mudd, my largest creditor, to Mr. David. 1 went to the Connty Court when the action was set down for hearing. Mr David told me afterwards that the case was adjourned for a month, and that he was going to bring an action in the High Court against Mr. Blaiberg. 1 told) him he had better leave him alone. 1 never wrote a letter to Mr. David, nor he to me. I cannot write nor read. I never remember signing a letter to Mr. David to the effect that I had given him no instructions h, bring the action against Mr. Blaiberg, and that T would bold him responsible for any result that might ensue from such action. I did not see Mr. Morgan's clerk on the 19th August. I believe I first consulted Mr. Tom- linson the day I made the affidavit. I did not instruct Mr. Tomlinson to prepare the affidavit which I swore to on the 19th October. I bad no solicitor at the time. I believe I signed the affidavit in Mr. Blaibesg's office. Mr. Tomlinson was there at the time. Mr. Tomlinson It was sworn in my office. Cross-examination continued I belie-ve Mr. Brim- field went with me to swear the affidavit. I went to Blaiberg's office of my own accord. Mr. David sent me the bill in the first place, and I paid it off, and thought I bad paid him enough. Cross examined by Mr. Puole In the first action that was brought in the County Court Mr. David told me I would be put to no costs. I suppose it was Mr. Brimfield that first told Mr. David of the Bill of Sale. Mr. Brimfield drew out the form of the affidavit I signed ou the 19th of October, and Mr. Brimtield took me to Mr. Blaiberg to tell him that I had nothing to do with the action. I have had nothing to do with Mr. Morgan. I have had nothing else to do with Mr. Blaiberg. Mary Williams, sworn, said I am the wife of Joseph Williams. Mr. David called at my house nl said that he had entered an action again-tt Mr Blaiberg. I did not know the meaning of the action tiiat was brought against Mr. Blaiberg. I was present when Mr. David's brother came to my house in August last. He asked us to come up to the Court and sign the papers. My husband was in. Mr. David called after- wards, and asked my husband to go up to his office and sign a paper. My husband refused to do so. Cross-examined by Mr. Gibbs We went to Mr. David's office before the tti.d came ou. Mr. David askpd me questions, which I answered. Wiiliam Henry Davies, clerk to Mr. Morgan, de- posed 1 was in Mr, Morgan's office on August 19th. Mr. Brimfield came and asked me to give him a copy of the letter, which I gave him. I found it with the bundle of papers about this action. By H s Honour When 1 made a copy of the letter I gave it to Mr. Brimfield. Cross examined About a week after the 19th August I found the letter among the papers. I en- I dorsed the letter, and made a copy of it afterwards. His Honour How came you to make a copy of the letter at Mr. Brimtield's instance? Witness I have charge of the letters. Cross-exaniiuation continued I did not make any communication to Mr. Morgan concerning the letter. Mr. Kinsey Morgan stated The affidavit was handed to me by Mr. Blaiberg after the case had been adjourned on the 20th August. Cross-examined On the 20th August, the day on which the case was to have come on, I wrote a letter to Mr. David in the afternoon. I had not seen Mr. Brimfield previous to the 20th August, to the best of my recollection. I do not remember whether Mr. Brimfield called at my office on the 20th August. He called then or a short time after. To the best of my recollection he told me that Williams had made an affidavit. He told me that he acted for the plaintiff. From six or eight months before I had had no tran- saction whatever with Mr. Brimfield. Benjamin Blaiberg, defendant's son, who manages the business at Newport, said I first received inti- mation from Williams that Mr. David had been acting for him on the 19th August. Williams and Brimfield informed me on the 9th that they had never instructed Mr. David to bring any action. I then asked Wil- liams if he would make an affidavit to that effect. He said he would. In cotsequence the affidavit was written out and given to me. Cross-examined On the 19th I received the original affidavit. When Mr. Brimfield first came the affidavit was not made. It was aLcut two hours after I asked for an affidavit that it was made. It may have been written by one of my clerks. I do not remember seeing him writing it Williams, recalled, said T remember the affidavit being written out. Mr. Brimfield and Mr. Blaiberg were there. It was written out by Mr. Brimfield in Mr. Blaiberg's office. I think one of the clerks copied it afterwards. Mr. Gibbs addressed the Court for Mr. David, arguing that the plaintiff naturally smarted under payment of the money to defendant, aod was anxious to get some of it back again. He characterised this as an attempt to get money from Mr. David, and pro- ceeded to lay before his Honour the case which he had to present in answer. He then called witnesses. Mr. A. J. David said I first knew plaintiff when he came to me about his liquidation. He told me that Mr. Blaiberg had registered a bill of sale contrary to agreement. He also gave me books relating to the loan, and desired me to take steps in the matter. I I saw Mr. Williams and told him I intended to with- draw the action from the County Court, and enter it in the High Court of Chancery. He seemed to be highly pleased at it. I saw him a few days before the 20th August, and I asked what he meant by sending the message to, me to the effect that he did not intend to go on with the case. I received the letter o. the wl 7th September, and wrote him a reply saying that I should have nothing more to do with him, and sent in my costs. I saw Williams in the presence of his wife. I took down their statements. Cross-examined r 1 acted first in the liquidation proceedings for Williams. I acted solely in his interest He has since paid me. I had no Eecurity for costs in the frrst action. I withdrew the first action without his sanction. 1 told him that after what had taken place in the first couirt I should take it to another. I told him I was going to enter an action in Chancery. I did not say anything about the costs in that action. I met him about 20 or SO yards from his shop on the siay when this, conversation took place, I can't say wao began the conversation. It began about the County Court case, and I tried to explain to him as well ?.& I could the technicalities of the ease, and told him that I should enter i: in the Chansery Court. He- did not say Let the man alone." I did not apply for the coats of the first action before entering the second. I eaid nothing to the man for three months. It first came to my know- ledgetihaat he had refused to sign the- aifidavit three or four days before the 20tb. I agreed with Mr. Morgan that there should be no hearing sutil the 20th. I drew the affidavit somet-ime in August. I think it was the 7.th or 8th. I left home on the 7th and came back about five or six days after. 1 knew on the 12th or 13tb my brother could not get the affidavit signed. I had heard of Mr. Morg&n flourishing the affidavit. The first £ beard of that affidavit from Mk\ Morgan was in September. Immediately I heard of it I tried to get a copy. I replied b Mr. Morgan's- latter on the 23rd. I received his oaitlie 21st. George »avid said I am in the office of my brother. I am artisiied to him. On one-occasion when going to dinner we met the plaintiff and told him thoa his- case would be taken to London.- He did not mise any objection. Cross-examined: Plaintiff refused to sign the affi- davit, and aaid that he had not instructed my. brother to commence the case. His Honour said he would! reserve his decision.- He would, however, now say thioJ-much. He would not say whether there was a sutEciently technical retainer, but it was qjiite clear that Mr. David had not; suffi.-I ciently iustruoted the plaintiff as to the meaning of going into a Chancery suit. TJhless he fully explained to him the steps he was taking, no poor man Hke this should be ta>ken through such, a proceeding without | being told what the probable oonsequences would be- [. Because if he failed the man would be ruined.

TUESDAY. !

THE JEWEL ROBBERY AT NEWPORT.

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