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- THE EVANS* LITIGATION.
THE EVANS* LITIGATION. RESUMED HEARING. STRONG REMARKS BY THE JUDGE.-SIGNIFICENT JUDGMENT. His Honour Judge Sir Horatio Lloyd eat specially at the Town Hall, Rhyl, on Saturday, to resume the bearing of the action in which Mr John D. Evans, sued his fatter Mr John Arthur Evans, "for the recovery of the bum of £is 9s. 4d. lor services rendered as clerk to his father, and as Manager of the North Wales Publicity Association, of which defendant was the proprietor, and also a claim by Mr John Arthur Evans against bis son for jE49 various monies leaeived by him for which credit was not given. Mr F. J. Gamlin, was for the plaintiff, and Mr Madden (instructed ty Mr D. Raiclitie), for the defendant Mr Madden said that since the hst hearing an -enort hnd been made to come to a settlement. On the previous day they wrote to the plaintiff the letter which he handed to His Honour. The Judge (after reading the letter). The weather is improving (laughter). Mr Madden said it happily was. He thought His Honour might interfere now with good effect, lie bad already kindly done so on a previous oecaeion. The Judge: I think the whole thing is most lamentable. In the whole course of mv experience, which is not a short one, I have not heard a case which has distressed me so much as to see father and son entering into sordid litigation ^about money matters, and raking up each others past life in order to discredit each othsr. It is shocking, and I cannot understand either father or son doing Mr Madden Your Honour will see that the father is the defendant, and we cannot help it. The Judge: I can do nothing more, I have ex- pressed myself as ttrongly as I possibly could. Mr Gamlin: I have made a suggestion for a -settlement, but the defendant will make no con- cession. The Judge: The suggestion made is that both claims should be withdrawn. Mr Gamlin: We Ciaim £ 78 and they claim £ 49. I make this suggestion, that I will take the difference between the amount of the defendant's claim and mine. I will go beyond that, and will take-S25 to settle it. The Judge: Would it facilitate matters if no judgment was given in the matter, but a present made, both cases being withdrawn. It might make matters more pleasant for the future Mr Gamlin: Yes, and we would get the money instead of the Official Receiver. After some consultation between the parties, it was decided that the case should go on, the Judge remarking that if it was not finished that day he J should not take it on an ordinary court day to tbe detriment of other court business. It would have to wait until some convenient day either this or next yeH. Mr Madden resumed his cross-examination of the plaintiff, who said that during the time he was in his father's employ at 30d. a week, he gave his whole time to the business. The Judge: And wetue now giving the vihole of our time to it (laughter). Witness continuing said in September 1896, he was trying to negotiate the sale of the Pier and Pavilion to a Chester gentleman. That was bis -father's business, and he had letters from his father vhich would bear out that statement. He had sought a purchaser on behalf of the firm for lands at Foryd. H& had never in all his life bad any transactions in stocks and shares, either on behalf of himself or his father-in-law. He ad- apted he bad tried to sell tome land on behalf of btS father-in-law. He had been very good to him, ind naturally he would do anything ne could iu return. The letter pio:3ueed by Mr Madden was a private letter from his father-in ltw to witness, and it showed the nature of the defendant to use it. He was the local correspondent for the "Era," and attended the various places of amusement. That was the means of bunging a lot of business to the office, 88 the theatrical people brought their bill-posting to them. During the time he was in his father's employ, he went once for a few days to the Isle of Man. He went without his father's consent, but he knew about it because bis fourth wife was at home at the time. At the time he obtained the £50 rent from Mr Copplcstone, lie had an account at the London & Provincial Bank. That money was paid into his account at the London & Previnciul Bank, because his father's account at the South Wales Bank was not in a healthy state, and if this money had been paid in it would have been swallowed up. He looked at his father's pass book produced it showed a balance of £383 against his father at the end of December 1895. The £590 which be (witness) got in August, had not teen paid to the credit of that account. Mr Madden And if that money had been paid into the bank, your father would have had a balance at the end of the year P-Yes if the money was paid into the bank, but it was wanted to pay- off a mortgage. Mr Madden Look again at his private account. Jt shows a balance of £111 against him?—Yes. So he still would have bad a slight balance if the cheque was paid into the bank except for the reason you say ?—Yes quite so. And if the overdraft was cleared off he could have overdrawa again to the extent of £500 ?—No. Wh; ?—I don't want to ge into any private details affecting my father. r don't want to throw any reflections upon him. What was the mortgage?—It was a mortgage to the Provident Association for £700, for which I was joint security. Re-examined by Mr Gamlin: Witness paid the JE-590 into his own account by arrangement with his father and with his consent. His father had been credited with j6150 of that cheque, and it appeared m the pass book on September 9th. He drew a cheque for that amount on the London & Provincial Bank, and paid it into bis father's account ia the North & South Wales Bank. The Judge: What was the exact position of your father's account in August 1895?—It was overdrawn to the extent of JE614 on August 29th. The plaintiff was then examined as to the various items in the counter-claim made against him by his father saying that the first that he ever heard -of them was when he brought that claim. Mr Madden then called the defendant Mr John Arthur Evans, who said that trom May 1895, to December 1895, plaintiff was in business on bis own account at Station Chambers, trading as Thomas Evans & Co. He then undertook to manage the bill-posting business for him without remuneration in consideration of his being allowed the use of the posting stations free of charga or the purpose of advertising his steamship agencies. *rom the 1st of January 1896, up to the time o e p aintiff's bankruptcy in June, the same arrangement was coined Then for a time businets was suspended, and in order to give him a chance to Start again in lífe, he (witness), pur- chased from the Oiffcial Receiver, all the furniture and effects at Station Chambers, and told his son that he was prepared to allow him 15s. a week towards his support, and whatever he could do above that was to be his own. That be aid a8 a sort of encouragement for him. He admitted that he was entitled according to that arrdngement to 15s. a week for 55 weeks. When he (witness) left for London in 1896, after making this arrangement with his sou, he asked him to send a weekly state- ment of receipts and expenditure. But ha never ssaw a statement of any kind until he came down at Christmas. He had never heard of the 15s. a week claimed by the plaintiff as manager of the bill-posting business, until he received the demand from Mr Gamlin. He was very anxious to obtain proper statements of how matters stood, as his son having landed himself into trouble with his own affairs, be desired information as to everything that was going on in the office. He was practically entirely away from the office between May and r December. When he came down in December, he asked his son for the cash book, and the reply he .got was that it was not quite written up. He went b,ack to London, and repeatedly wrote to the plain- tin for statements, but failed to get any. He, however, saw a copy of the cash book when he came down in March 1897, when just as he was leavmg Rhy defendant brought him the cash book, .and e oo it with him to London. As plaintiff con- tinua y ai ed to supply him with satisfactory statements he wrote to him on the 4th of August 1897, tellIng han he had better clear from the office, ana in a subsequent letter told him that his .conduct and anguage had become intolerable. He had caus ua a clear loss in his bankruptcy of £ 2,000, an requested him not to enter the office again- Q the 9th of August witness entered into possession of the office when he found that his son bad removed tho cash books, letter books, and everything which he thought would be of assistance to him. Dn one occasion when he to the office be noticed that the lock of the passage door had been forced. That door was usually locked from the inside and the key left in the door inside, because they always used the front door. The lock was forced from the passage. On entering tbe office he found his so there taking down some cardboard boxes in Which his letter. were kept. He told him that be was acting outrageously, and asked him to sit down and behave in a reasonable way. His sou said If you WILL do BO and so, I will do so and so." Witness replied "First of all you must obey me your father, and obey me as your employer, W hen you do that I will treat you properly," His son took all the books away, and they came back in in- stalments from three solicitors in Rhyl, one after the other Although his son left him in August, he was willing to pay him the 15s. a week to the 17tb of September, allowing him the extra weeks in lieu of notice. Some time in August he had some coi respondence with his son in regard to the income tax returns. On the 27th of March, he wrote to him telling him that he wanted a true and correct balance sheet from the 1st of January to the 31st of December, charging 30s. a week for his (plaintiff's) services from the resumption of business in August to December 31st and 15s. a week previous to them. His explanation of the log. a week "previous" was that he considered that the plaintiff was receiving what was equal to 15s. per week, by the use be got of the bill-posting station, and he was entitled to credit for that in the income tax returns. The witness gave instances of work done by the plaintiff on his own account. The intention was that bis son should bring as much business as possible into the office; anytbiug in fact that he liked, and if everything had gone on all right, he should probably have made him a present of the whole thing. He had a free hand to do what he liked. He told him he would give him 15s. a week for anything he would be required to do on his behalf, and he was at liberty to do any- thing he liked above that. The witness was then taken through the several items in his own claim, remarking that in addition to the claim of £ 49 15s. the sum of £20 tippeared in the books to eave been received by the plaintiff over and above that amount- He had reduced his claim to 249 158., so as to bring it within the jurisdiction of the court. He accounted for his son's neglect of his business to the fact that his mind was so nnhinged by his bankruptcy, that he was totally unable to attend to anybody s' business. Cross-examined by Mr Gamlin: You say you wanted your eon to put only actual facts in your income tax returns?-Yes. But they were not actual facts that you put in the income tax returns that your son got 15s. a week for managing the bill-posting business ?-Yes in value, net ia wages. You at one time had a very high opinion of your son F-Yeti. Did you in April 1891, write this letter to Mr Edward Davies, Llandinam ?—Mr Gamlin then read the letter which was a highly eulogistic testimonial in favour of his son, and recommending him for the engagement as private secretary. That, added Mr Gamlin, was a good character to give a son was it not ?-Yes, any son should be proud of a character like that. Would you endorse that on the 17th of September last P -Certainly not. Would you endorse it on the 4th of August last ? -No. When did your high opinion of your son desert you ?-It has been waning gradually on account of the knowledge that came to me through his public examination in bankruptcy. My con- fidence in him, in fact has not been very strong for the last eighteen months, and I wanted to hold a tight rein on him so that he would not cause me any more trouble. What had he to live on with the exception of his wages as your Clerk ?-I don't know, having supported him for 30 years I consider he was old enough Rud wise enough to find someone else to carry him on his shoulder. I gave him 15s. a week, and the free-use of the office to transact his business. Witness continuing said that when he made this arrangement with his son he did not expect there would be any profit from the business as people would fight shy of an undischarged bankrupt. You were prepared to pay him 15s. a week for carrying on a loo-ing conoern P-I was not bound to him for any length of time I could drop him as soon as I winhed. You produced a letter from me to your son in which I offered him £ 25 if he could sell some land for me. How did you come by that letter ?—I found it in my own office. Yes, and you found some of his wife's love letters there, and your wife has been showing them about all over the town ever since. Mr Madden No personalities please. Mr Gamlin You have indulged in plenty. Mr Madden But I thought we were trying to impiove to-day. Mr Gamlin I will not pursue that matter any further. That letter was written by me to Mr J. T. D. Evans, as your representative for I knew he was acting as your manager and clerk at that time. Mr Madden: Is Mr Gamlin giving evidence ? The Defendant: I have the letter in my hands, and it is addressed, Mr J. T. D. Evans, libyl. To your office ?-Yes. And he had no private room in your office to carty on any business of his own ?-The office was mine every room in it was mine. And if that £2.5 had been earned you would have pocketed it?—No. Here is another matter where he was acting for himself-produciog a note. Mr Gamlin Hand it to me (reading it) :—You have been dishonest enough to keep this private note of mine to ivans. There is no reason why it should not bo read. Mr Gamlin read the note, in which htspromieei to make she plaintiff a present if he got him the business mentioned in it, and having done so ha remarked. I think we are entitled to these; you hav& no right to them, so I will keep them. Mr Madden You will do nothing of the kind give them to me please. Mr Gacnliu I will not; they are ours, and having obtained possession of them I mean to keep tbem. The Judge: Hand them to me; I will take care of them. Mr Madden The idea these acts of piracy in a public court (laughter). Referring to the incident of the cheque for £ 591, which pl&ntiff paid into hie own account at tho Pro- vincial Bank, Mr Gamlin asked: In March, 1895, did you borrow £300, from Mr A. 0 Evans, a solicitor ? Witness: It was a joint bill. He acted as joint security for a consideration, the money coming from the bank. He gave him a second mortgage on his Herald property at Carnarvon. Mr Gamlin In September of the same year did you borrow L700, from the Provident Company ? Yes. And did you give them another mortgage on the Herald property ? Yes. And did you disclose to them that you obtained that money upon a property upon which there wa already a second mortgage ? I told them there was a charge upon the property, and their solicitors arranged every thing. Did you tell what the amount of charge was? I told them everything. Did Mr Evans discover subesquently that you had obtained the last mortgage, and was it not in consequerice of his demanding payment of the JE300 that you got your son to pay the sum out of the X500, cheque ? The whole thing was nettled at the same time. Mr Evans was paid at the same time I received this amont in London. Did your son not tell you that if he had placed the chequo int3 your account at the North and South Wales Bank it would have been swamped, because it was badly overdrawn P-I only owed the bank £ 400. Mr Gamlin: Nonsense; your passbook shows it was over L617. Witness But I had a limit of zC,500, eo I was not .ar off the m'srk. Re-examined by Mr Madden And if that money was paid in, you would have had that limit again ? —Yes. And Y,220 you gave him in addition to that which he has not disputed ?—Yes Mr Gamlin: You know the services this young ruan rendered to you. You heard him swear in the box, thut very often he worked from early morning till late at night. Do you consider that 30s. on the principle of quantum meruit is a fair or an excessive charge a a quantum meruit I do. A gentleman who was in my office for four years was paid at the rate cf 2o3. « week. 3 *rom ^6 plaintiff to his father m Whtch the mentioned that his father- in-law had offered him 25Sa week the yard.—Witness admitted having written across J that letter that 25s. a week were only the wages of a MrFwd Wallis, Auctioneer and Accountant, said he had been through SIX books purporting to be Msl: books with the view of trying to ascertain a balance if possible. There Were several books covering the same time and some did not appear to have been written upon the date tney purported to have been written,and there were SRveral errasures and alterations in different places. The cash book purporting to commence on June 20th 1896, was dated 1837. It was not often that a mistake of a year was made so late as June. Another book datea November 26th was all written at the same bIDe, showing clearly to his mind that the book for some purpose or the other was written up afterwards. The whole of the cash books were full of alterations from beginning to end. They were not kept in either a regular or a creditable way, and were little better than scribbling books. ael, had gone carefully through the books to ascertain what money Mr Evans (the plaintiff) had drawn. From the 20th of Juae 1896 to the 7th of Juno 1897, he appeared to have received either in the name of himself or Mrs Evans the sum of S87 12s. 10d. under the heads of wages or allowances. On the ot-jer side appeared items said to have been received from Mrs Evans, presumably Mrs Thomas Evans, amounting to 120 17s. 511. If that money was deducted out of the amount received by the plaintiff, it left a balance of 966 15s. 4i:1. received by him during that period. Cross-examined: The entries of payments to Mr Thomas did not appear in more than one cash book on the same date. The plaintiff re-called to explain the evidence of Mr Wallis, said that on the 29th of February, 1896, his father took the cash book to London, and tore out the leaves, and asked him to re-write the book. He totally disregarded that cash book altogether, and re-wrote another. That accounter for the fact of the cash book being written at the same time and bearing a different date. This was all the evidence and Mr Madden addressed His Honour on behalf of the defendant. He con- tended that the defendant's explanation of the letter of the 27th ot March was the proper one. It un- doubtedly was for the purpose of the income tax returns, for it was well known that a good many honest people tried to make their expenditure as large as possible when making their income tax returns (laughter). He also contended that Mr Wallis had clearly proved that Mr Evans had received the sum of f66 on account of wages, and they were entitled to that in addition to the amount of the claim which they made against the plaintiff. Mr Gamlin in reply siid he knew Mr Wallis to be a most careful and correct accountant, and he was quite p-repared to accept his figures as to the amount received by the pkiutiff. But even assuming that those figures were established they were still entitled to judgment for JE40 9s. 8d. on the claim. The Judge said it was absolutely impossible to come to a satisfactory conclusion with reference to the action. He need not say it was a most painful thing that he had to decide that action. He re- gretted very much that the parties had not settled it themselves. An offer of settlement had been made which in the end he did not think would be very far from the mark. He preferred to deal with the case on the quontum meruit principle, and he would allow plaintiff his claim, deducting what he had receivtd. He would, therefore, give judgment for tL e pl-intiff on the claim for £ 40 9s Sd. He also thought that Mr John Arthur Evans (the defendant) bad established his claim for a similar amount, and he gave judgment on the counter claim for 910 9s 8d, but he would not allow a farthing costs to any- body.
RHYL COUNTY COURT.
RHYL COUNTY COURT. FBIDAY Before His Honour Judge Sir Horatio Lloyd and Oliver George, Esq., (Registrar.) THE VALUATION OF THE NANT HALL HOTEL. DISPUTE OVER A VALUER'S CLAIM. Mr S. Lowe, auctioneer and valuer, Birmingham, claimed of Mr George Thomas of the Nant Hall, Hotel, Prestatyn, th sum of £ 45 5s. for services rendered ^negotiating and valuing the Nant Hall, Prestatyn, Mr E. J. Griffiths, M..t" was for the plaintiff and Mr Madden (instructed bv Mr R. Bromley) for the defendant who had paid £16 138. 5d., into court. Mr Lowe, the plaintiff said he had valued the defendant out of a public house at Birmingham for which he was paid at the rate of 2 per cent. On the 24th of July he had a telegram trom Mr Thomas asking him to come down to Rhyl, and having re- ceived two or three other telegrams he came to Rhyl on the 26th and was met by Mrs Thomas, who took him to Prestatyn where Mr Thomas told him tbar, be was about purchasing the Nant Hali Hotel. Prestatyn, and he wanted him to give hit opinion of it before entering into negotiations. He went through an old inventory with the then proprietors Miss Gregory and Mr Payn. He gave it as his opinion that the hotel at the price was as cheap as old rags and he advised the defendant to bay it. Witness conducted the negotiations with the proprietors on behalf of the defendant the price asked being £ 650. He tried to get a reduction but failed the only concession being that Miss Gregory made no charge for his and Mr Thomas board at the hotel during the negotiations. On the 28th of July the deposit wae paid and he prepared the form of agreement, and wrote out the receipt for the deposit amounting to £ 70. That day he left for Birming- ham after having been three days engaged in the business. Subsequently he saw Mr Thomas in August, and he wanted to withdraw from the contract but witness advised him that he could not do so. Witness prepared all the legal formalities for which he paid his solicitor Mr O'Connor £ 6 8"1. in regard to which there was no dispute. He came down again on September 1st, and Mr Thomas told him he would not pay the balance of the purchase money unless he (witness) made a valuation of the effects. This he did the valuation amounting to 4650. He acted in the matter of the signing of the lease, and his olerk made out a new inventory and sent it to the defendant. He sent his charge to the defendant, ultimately failing to get satisfaction he instructed bis solicitor to write to the defendant when he for the first time disputed liability. He bad charged commission at the rate of 5 per cent which was a reasonable charge for country work. He would not take such work out of town under j65 5s. a day. The other items claimed were for out of pocket expenses. Cross-examined He had been an Auctioneer and Valuer at Birmingham for 45 years. He had known the defendant for six or seven years. They were friends together in Birmingham, and be had done business with defendant before when he valued him out of the Electric Hotel the amount of the valua- tion being between £ 1700 and £ i 800, his charges [for services being £ 43 12s. which was at the rate of 2^ per cent. But that was town work. For country work tLe charge was always 5 per cent. During the first three days he was down he did not take a new inventory himself but went through the rooms and checked the old inventory. Mr Thomas did not make the agreement himself, with Miss Gregory and Mr Payn. He came down in Septem- ber for the purpose of making the valuation desired by Mr Thomas, he could not make the valuation on the old inventory which he had in Birmingham. Mr Thomas insic-ted on a fresh inventory and in addition he hud to take stock and adjust the payment*. He denied that the new valuation had been copied from the old inventory and the cypher figures added. He had told Mr Thomas in July that the place was as cheap as ra^s and if he had given £ 500 in addition for good will it would not have been dear. Ha ienied that after he had given that advice there was an end to his services in the matter. lie claim- ed in addition to railway expenses the sum of JE1 16s. money spout out of pocket. He admitted he did not hare to pay anything for his board and lodgings but be was not going about like a miserable being without anything to drink (laughter ) He had something to drink, and stood treat whilst he gave 2s. to each of the servants. On the next three days he came down he spent JE2 loos. in this way, being a little more extravagant this time (laughter.) He had not entered into any arrangements with the defendant as to what his charges were to be. As he could not get a settlement of his account he placed the matter in the bands of his solicitor, and x writ was issued. After that Mr. Biomley's Clerk came to Birmingham and had an inspection of his books when he believed there was some offer of a settlement. He admitted writing the following letter to Mr Bromley, You don't suppose the rot' you told my solicitor on Saturday will intimi- date me do you ?—When I come to Rhyl I shall open the ball on your client (laughter.) I know more about him than you do, and you can take my word this won't be the only action you will have to defend unless he should leave Prestatyn very shortly. You may bring all your institute then but I shall bring the law and the custom and some one to ex- pound it, and your client will have to pay him (laughter.) Mr Gibbons, auctioneer, Birmingham, gave evidence as to the scale on which valuations were charged. For a valuation of this kind conducted out of town 5 per cent was the usual charge. If not charged on the basis of commission he would not come down to do work in the couutry under £ 5 5s. a day. Cross-examined by Mr Madden: He did not think that that was a very large rate. He did not kuow the hotel in question and could not say whether it would take seven days to go through the hotel. He could get through a fairly hig hotel in two days. For the defence Mx Madden called the defendant Mr George Tlomns, who said he had known Mr Lowe for years and vsits a personal friend of his. He had acted as a valuer for him in Birmingham when he charged him 21 percent. Seeing an ad- vertisement with respect to tbe sale of the Nant Hall Hotel, he commenced negotiations and he wired the plaintiff to come down. He asked the plaintiff to go through the hotel to see what it was worth, previously telling him that the sum of JE650 W8.e. asked for it. Plaintiff spent the afternoon of the 26th at the hotel and went through some of the rooms. He reported that the hotel was cheap as old rags and if he bad to value it, he would make it much more. On the 27th plaintiff spent the day n* as -^S8 Gregory was away in Liverpool. n the 28th plaintiff went through a portion of the 1 Gregory. That day Mr Lowe left ♦ V> TW T tra'n &hout three o'clocK. He denied that M.r Lowe conducted the negotiations, and the bargam was made by him (the defendant.) He merely asked the defendant as a friend to go through the house to see what it was worth, and when he said it was as H cheap as old rags be at once olosei with the offer, first trying to get some reduction of the amount asked. Mr Lowe had a printed form of agreement with him which was filled up, and Mr Lowe signed it as a witness. He admitted seeing the plaintiff in Birmingham and expressed his desire to get out of his bargain by forfeiting the deposit. He was satisfied with his bargain but at the" time he was very ill and felt incapable of conducting- the business. Mr Lowe advised him he could not withdraw,and on the 31st of August he accompanied witness to Prestatyn; o complete the purchase on the following dty. Thay did not complete on that day because Mr Lowe had not got the papers with him. The documents did not arrive until the 3rd of September and in the meantime they were stay- ing at the hotel doiag nothing. He had left it entirely to Mr Lowe to get the legal documents pre- pared. There was no truth in the suggestion that the delay was caused by his (witness) insisting upon having a valuation. It was not necessary, for the purchase price had been fixed and there was no getting out of it. And as a fact Mr Lowe did not make out a valuation. He told the plaintiff that there must be no long bill the reply being" You leave it to me." With regard to the £ 4 10s. said to have been spent in the hotel it wae a charge which was added by the plaintiff to the bill originally sent which was for f40 15s. 5d. Plaintiff had no authority to incur any such expenditure on his behalf. He swore that the plaintiff had not in his hand on the second occasion a blue boot in which it was stated the inventory was taken. On the receipt of the writ he paid into court the sum of £ 16 15s. 5d viz.,fee to plaintiff for two journeys toPrestatyn £ 8 8s.; railway fare £ 1 7s.; Mr O'Connor's bill £ 6 8s.; and the item of 101i!. 5d. The difference in dispute was between that and the amount he claimed 5 per cent with the additional j64 10s. He considered SS 8a. was sufficient for his personal services having regard to the work he did. Cross-examined Two and a half per cent on the amount of the purchase money in this case came to il.6 5s. He suggested that the inventory pro- duced was a cooked one from the old one handed to plaintiff in July. Fanny Thomas, defendants' wife gave similar evidence. Frederick John Sarson, auctioneer Llandudno, said he valued Nant Hall HotAI, for Miss Gregory. His partner took an inventory, and he made the valuation. To say thlt the place was as "cheap as old rags," was not to make a valuation but to give an estimate. Their charge for the valuation was £ 5 5s. His partner was at the house for two days and he for one day. The price charged was the usual one obtained in this district. That was certainly not the Birmingham price. If it were he would be a millionaire in 12 months. The maxe- mnro rate for valuations was 2 per cent. Cross-examined There was an agreement between him acd Miss Gregory as to the charge which he male for the valuation. Had there been no agree- ment he would have charged 2 per cent. though he would be entitled to 2i per cent. By His Honour: If by the time he would be satisfied with 2! guineas a day outside his expenses. Joseph E. Roberts, Auctioneer, Rhyl, said the usual custom in this district was to charge 5 per cent. on valuations, but if it was only to obecic an inventory, as he was informed was the case in this matter S4 4s. or j65 5s. would be a fair price. Fred Wallis, auctioneer, was called when the judge suggest that sufficient had been heard from auctioneers. This was an army resisting invasion. Mr Madden and he only required to ask Mr Wallis one question. His Honour: Very wall. Mr Wallis in reply to Mr Madden said the usual charge for a valuation was 5 per cent, for checking a valuation he thought 3 guineas a day would be a fair price, and he could check the valuation at Nant Hall in two days. Cross-examined He said that if he went to Birmingham to check an inventory, he would charge five guineas a day and his expenses. Mr Madden then addressed His Honour for the defence and alleged that plaintiff bad bolstered up his case by making dishonest use of the old inventory book and said it was a most impudent claim. He made that remark whatever might be the result of the action. The Judge said he believed the plaintiff's claim to be a perfectly honest one, and con- sidered the allegation of counsal most improper. The case had not been bolstered up at all, and he thought plaintiff had thoroughly earned his money. Lnstoad, however, of dealing with it on the principle of commission he would take it at so much a day. The Rhyl witnesses said they would require J65 58. a day for going to Birmingham but possibly pro- fessional gentlemen from Birmingham would come this way for a less sum. Therefore he would allow plaintiff at the rate of £ 4. 43. per day. He thought there was some delay in the arrival of the assignment and for that reason would allow only assignment and for that reason would allow only for five days instead of sevec. He allowed all the out of pocket expenses with the exception of £ 4 10s. He gave judgment for the plaintiff for f29 9s. 6d. which was the least he could give. 4 APPLICATION FOR REVIEW OF TAXATION. Mr H. Percival Williams (Messrs Gamlin and Williams) applied for a review of the taxation in the case of Mrs Grace Evans against Mr John Thomas D. Evans. He said that this action was down for hearing at that court on the 19th of November and the 10th of December. One of the witnesses, Mr John Arthur Evans, attended on both occasions and was allowed by the registrar the sum of £1 158 On the first occasion the case was not reached, but on the 10th of December it was heard and judgment given for the plaintiff for JE3 3s. He asked that the allowance to Mr Evans should be disallowed on the ground that he was not a matetial witness, and that he was himself a defendant in two disputed actions, in the first instance at the suit of Mr John Williams, Photographer, and the second occasion at the suit of his son. The Judge said he coald not say that Mr Evans was not a material witness as he proved an admission made by the defendant. With regard to the first occasion Mr Evans was a defendant and he lost and got no allowance for his attendance, whilst on the second occasion the case was not settled and was still pending. Under those circumstances he thought ML Evans was entitled to the allowance. AN ABSEQKGE HORSE WABBi.XTY CASE. Mr D. Owen, Corn Merchant, Llandudno, sued Mr John Jones,farmer, Pantadda, Abergele, for the sum of £ 50 for breach of warranty. Mr Chamberlan, Llandudno, appeared for the plaintiff and Mr David Jones, Llanrwst for defendant. From the evidence it appears that the plaintiff on the 16th of June last went to Abergele fair and met the defendant who sold him a horse for £ 50. It was guaranteed thoroughly sound but after plaintiff had it for a short time he- had discovered that the animal had jide bones and suffered from rheumatism. Plaintiff demanded his money back: but defendant refused to give it him. It was admitted that bafore buying both the plaintiff and his man saw the horse tried, it was rau, and placed in a cart, drawn and backed, and no signs of lameness were observable. Ntxt day the horse was seen to "spare" with ona foot, but the lameness did not show itself until a fortnight afterwards, during which timo the horse was worked drawing weights of from one ton b 35 cwt in addition to the weight of the cart. The veterinary surgeon was not called in for six weeks after the plaintiff became the owner of the horse and it was worked freauentlv durinsr that time. Mr Stnrfkr- and Mr Booth, Veterinary Surgeons, deposed that the horse was suffering from sidebone and rheu matism, which must have been present on the 16th of June when the horse was bought by the plaintiff. Defendant was aalled and denied having given any warranty with the horse. He had never seen any- thing the matter with it during the time he bad it, and had no knowledge of it suffering from sidebones. Mr Jones, of Messrs Jones and Welster, Carriers, Liverpool, said he had entered into negotiations for the purchase of the horse with defendant and saw it on the 19th of May, He did not purchase it as it was too young for his business. There was nothing the matter with the animal ani he was certain it did not suffer from sidebone at that time. The further hearing was adjourned at this point to the next court. Lov.Els OFFERING" — a pretty title to a prettier picture—is the subject of an Almanack beautifully printed in colours and published bv Horniman & Co., the world-renowned Tea merch- ants. This artistic calendar is now being" GIVEN AWAY by over 8,000 retailert3 selling Flomim&x Is PURE TEA. Sold by in this localIty :-Rhyl: Lawrenee, 20, Higb. Street; Jones, Wellingfcpti Road Wood, Abbey Street, Rhuddlan: Roberts, High Street. Holywell Edwards & Lloyd, grocers. Denbigh: Roberts, High street. Llaududno: Roberts, chemist. Oolwyn Bay: Lewis, grooer. &c., Comet Stores. St.Asaph: Price, grocer. Flint Co-operative Society, Halkin: Joaes, grocer, fenymynydd Griffiths grocer. ftleliden Hughes grocer &c. Prestatyn Simon, Grocer.
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Tjosnvn two Tarm ^ervanxs, irainea ffriuien a/lll Green, living in Kirloti Fen, have been each lined 2s. 6d. and costs for obstructing the highway. Sergeant Theaker said he was riding thiongh'Wybertonon a t)icycle, and overtook the defelldallls 011 tL uarrow road in clitti-geoftlit-ea wugolls aud horses. He rang his bell, bat they refused to give him room to pass. If we may believe the German Press, the un- happy jouniulisls who are confined on charges of lese inajeste, or high treason, in tlie fortress of Weichselinnnde have an exceedingly bad t ime of it. Dr. Forster, sub-editor of the review "Ethische Kultur," who spent three weary summer months in this pestilential retreat, says lie would indefinitely prefer to do his time in a common gaol. The Duke and Duchess of Devonshire enter- tained a company of some 500 guests at the Devonshire Park, Eastbourne, the othertiighr, upon the occasion of the ball by the Duke and Duchess in their official capacities as Mayor and Mayoress of the borongh. The ball was one of the most magnificent which has hitherto taken place in the town, and in all its details arlistic.
FOOTBALL GOSSIP. -
FOOTBALL GOSSIP. NORTH WALES COAST LEAGUE CHAMPIONSHIP. The following is the league tabe ap to date:— Goals. Plyd. Won. Lost. Dm. For Agst. Pts Rhyl Town ..6..4..1..1..13..7.. 9 Llandudno S. 6 4 2 0 .14 6 8 Bangor 5 3 1 1 ..18 6 7 Rhyl Amateurs 5..2..3..0..7..17.. 4 Caruarvon 4 0 3 1 4 9 1 Holywell 4.. 0.. 3.. 1.. 4..16.. 1 -0- BANGOR DEFEATED AT LLANDUDNO. The Swifts earned a creditable victory orer Ban- gor on Saturday. The teams have met to many times this season that their doings are somewhat stale, but the crowd was of the usual dimensions, and indulged in some rare antics when their pets scored the four goals which won the match. Bangor somehow could not make any headway, and although the forwards came very near scoring once or twice, still at the close they had not got cne through, and thus suffered a rather heavy defeat. —o— Thislvictory of the Swifts should help the Rbyl Town Club to keep at the head ot the list, but the latter are by no means certain of carrying off the medals, and a lot depends upon the Amat-,urs-and Holywell. -0- The Amateurs failed to turn up at Carnarvon on Saturday, January 28th, but it seems there was a very good reason for this, the c!ubs having mutually agreed to postpone the fixture uutil the 12th inst., so as to kick-off at 3-15. WITTON ALBION AT RHYL. Judging by the attendance, the Town Club must have lost money on the visit of Witton Albion. The latter are a good te;.¡,m, and although they had not a full Rhyl team against them still they deserved to win by 2 goals to nil on thp duv's play. It was unfortunate to loose money and the game, but these big guarantee matches are not popular with the crowd, aud friendlies" seldom draw. -0- CJLWYN BAT DEFEAT THE AlIATEtjES II. The return match between the above teams took place at Belle Vue Athletic Grounds on Saturday before a small attendance. The local were verv mixed up, but a good game was witnessed, the result being a victory far the visitors by one goal to nil. -0- BANGOB RESERVES WIN. The replayed Welsh Junior Cup Tie between the Rhyl Town Reserves and Bangor Reserves, took place at Bangor. on Saturday, Jan, 28th, befcre a large crowd. The visitors played a plucky game all through, but the home lot bad all the luck and scored twice, winning by 2 goals to nil. Personally, I think the local lads should have woe the first time the teams met, aDd the present victory of Bangor is what might have been expected. -0- HOLYWELL V. BUCKLEY TOWN. Holywell having protested against the result of their cup tie with Buckley Town, cn account of ineligibilty of four of the latters players a special commission consisting of Messrs Berrie, Fairrinizton, and Marks, was appointed to sit at the West- minster Hotel, Chester, on Saturday, January 28th, and investigate the charges. Both clubs were represented, and after hearing the evidence, the comission declared the protest had been instanced, and awarded the tie to Holywell. Had the Rhyl Town officials been a little sharper when the team who were so badly defeated at Buckley, in their cup competition some time ago, the club would now very probably been figuring iD the semi-final tie. for I believe all the players protested against took part in the tie with Rhyl. PHILISTINE.
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Mrs. Kitcat, (Tie Tady novelist, Is the wife of Mr. Kitcat, the well-kuowu Glouceslenslihe cricketer. It is understood tligtt the Privy Council have decided to graut a chatter of incorporation to Howe. The Admiralty have approved of a scheme fot laying down gasbuoys to mark the iSpilhead channel at night. Sli.kespeaie's autograph, in a copy of Florio'g Montaigne, now in the British Museum, cost over 300 guiueas. In many parts of Durham county snow covers llie ground to a considerable depth. Outdoor labour is stopped. Jane Snell has passed away, from influenza, ab the age of 102, in the little town of Milvertoii, West Somerset. The Slaipwright s' Company, of which Sir William H. White, Chief Consimctor, Hoyal Navy, is the Musi er, has found its IOllg-lost clllrter. Afler a long experience of patients, Dr. ex Ussery, of St. Louis, Mo., regatds the bauaua as the best food for them. On one occasion a reader in the Bodleian Library ordered the whole 700 volumes of "Hansard" to be brought over to him. In consequence of a death from hydrophobia in Pisek, Bohemia, the local authorities ordered every dog in the town to be killed. Two thousand anthracite colliers are on strike in tile Swansea and Neath Valleys. They de- mand an increase of one penny per ton. Immediately after the forthcoming general elec- tion, the Belgian Government will b forwtli-d a fresh scheme for the reform of the army. The extensive premises of A. J. Bowie, hay and corn merchant, Paisley, have been totally des- troyed by fire. The damage is estimated at 93,000. Victor Baillofc, tt Waterloo veteran, has just die(1 at Laronche, in the Yontie, at the age of 105 years and lOmonths. Hewasdismissed the army at the age of 22 for phthisis A meeting of the Departmental CommiTtee on the Rule of the Road I i, Sea has been lieJd at the Board of Trade, under the chairmanship of Sir Charles Hall. It is estimated that no fewer than 1,600,000,000 of herrings are caught each year in Scottish waters alone. No wonder the mother herring has to lay 30,000 eggs a year to keep np the supply. On two finger-points which are attached to a public-house, standing at an tlugle of two roads 9 near Bridgend, is written, on the one, "To the Asylum," and on the other, To the Ceme- terv." Mr. Edward Thomas Molineaux, a pianoforte manufacturer has been lined £10 by Mr. Justice Bruce for not. being iu attendance at the Man- cliester Assizes when his name was called as a special juror. The other morning it was discovered that the jeweller's shop of Kenben Reuben, Bold Street, Liverpool, had been entered, and a large quantity of gold and silver watclies, diamond ornaments, &t- taken away. The Shakespearean memorial performances at Stratford-on-A von will extend this year over a fortnight, commencing on Easter Monday, April lltli. Mr. F. R. Benson will agaiu have direction of the performances. The Hoywell Urban Council have decided to re- commend the Council to accept the offer to Mr. Jacob Alherton, of Prescot, in regard to the pro- posed estaUishment by hitn of a bottling AVOIICS in connection with St. Winefride's Well. During shunting operations at Rutherglen, the other day, Alexander Grant got his foot jammed in the points. lie was nnable to move, and was knocked down by a passing train. He died from his injuries. Walter Overton Lnckftian (24), staying at 58, York Boad, Hove, was leaning out of his bed. room window the other day, when, overbalancing, he fell to the area betow, a distance of about 50ft., <- An advertisement appeared neaded, "Iron bedsteads and beddillg. One supposed the linen must he sheet-iron Yon know, madam, that I am quite & lion." "Sir, if not the king of beasts, you are undoubtedly a very great beast!" "The way"to sleep," said a scientist, "is to think ot nothing." But this is a mistake; the way to sleep is to think it is time to get np. Client (excitedly): "This bill of yonrs is a downright rol)bery !Great Criminal Lawyer (who has won client's case); So was your crime." There are two reasons why some people don't mind their own business. One is that they haven't any mind, the other that they haven't any btisiiiess. First man (to man who has bnmped against him in the street); Blithering idiot! Second man: That's vour name, is it! My mame is Jones." "How did yon learn that graceful attitude? said a gentleman to a fellow leaning in a maudlin fashion against a post. I have been practis- ing at a glass." „ A minister at a camp meeting said, 11 lady with the blue hat, red hair, and cross eyes don't stop talking, she will be pointed oat to the congregation." The newspapers of your party. flre Pei'fecfc nuisances said a politician to his opponent. That's just what thieves think of magis- trates replied tbe other.
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From all Chemists and Stores, or post free for 9jd. from Lawrence's Cash Pharmacy, 20, High Street. z (JREENHALGH i (JEA RY tx p- AUCTIONEERS, House & Estate Agents, Valuers, j Accountants, and Insurance Agents. MORTGAGES NEGOTIATED & ADVANCES ] ARRANGED UPON APPROVED { SECURITIES Sales by Auction ÇI Private Contract of Property, Furniture, Stock-in- ] Trade, qc. • J Registry for ^yetting Farms, Business Premises, A Houses (J- urnifehea and Untarnished), and Apart- 1 meets, and Collection of Bents. < DISPOSAL OF BUSINESSES AND STOCKS • WITHOUT PUBLICITY. Valuations for Probate and Administration. Authorised to levy Distraints for rent. I Insurance of Property, Life,and Plate Glass; Balan- ] cing, Auditing and Posting of Tradesmen's 1 Books. -¿ PROMPT CASH SETTLEMENT. C Offices and Sale Rooms:— 1 Market Street, RHYL. l Fruit, Game, and Poultry. MRS. P. POWELL JONES, t 6, WATER STREET, RHYL t Recognised the Cheapest and Best Supplied Fruit, Game and Poultry Depot IN NORTH WALES. t ESTABLISHED IN 1856. 40 YEARS AGO Best Selected English and Foreign Fruits. Famed for its Prime Poultry, Fresh Eggs and Fresh Butter. Horner's Celebrated Butter, Sweet Cream and Cream Cheese. ) Poultry are sent weekly by parcel post to all I; parts of England. COMFORT ABLE CENTRAL. NAYLOR'S Commercial Temperance Hotel and Dining Rooms. QUEEN ST., RHYL. Visitors and Commercial Gentlemen will receive every attention. Sleeping accommodation from 1/6 per night I BOARDING TERMS FROM 4/6 PER DAY. I AN ORDINARY DAILY. C. C. NAYLOR, Proprietor. I NOTICE OF REMOVAL. JOHN ROBERTS, Plumber, &c., has RE. MOVED from No. 4, Abbey Street, to N 27, ABBEY STREET, where all orders wil receive his prompt attention. THE LONDON & CAMBRIAN MUSIC & FURNISHING Co. BEG to announce that they have I taken into their employ Mr. ALFRED BHEPHERD, late of 41, High Street, Rhyl, as Manager of their House Furnishing Departmen, and that their spacious Showrooms, Alexandra Buildings, Mar- ket Street, Rhyl, are now replete with a large and well-selec- ted Stock of House Furniture of a quality and at Prices which will compare favourably with the best Houses in the Trade, and they are now prepared to undertake Complete House Furnish- ing in all its branches on the most liberal terms. MARVELLOUS VALUE IN Drawing and Dining Room Suites, Bedroom Furniture, Bedsteads and Bedding (a Speciality), Venetian and other Blinds Made and Fixed, Wall Papers in great variety, Carpets and Linoleums. furniture-removals, IN COVERED VANS, BY ROAD OR RAIL. ESTIMATES FREE. Please Note Address :— PIANOFORTE AND MUSIC WAREHOUSE, ROCHDALE HOUSE, (Opposite General Post Office), HIGH STREET. HOUSE FURNISHING SHOWROOMS) Alexandra Buildings, Market St., RHYL. Music Music!! Music! THE r London 9" Cambrian Music Warehouse ROCHDALE ROUSE, BIGH-ST., RRYL (Opposite General Post Office.) PIANOS by Brinsmead, Collard and Collard, iJahlinaum Knauss, and all leading Makers. AMERICAN ORGANS by best Makers. A large >tock always on hand for selection. Liberal Discounts for cast off Maker's prices. asy terms of payment arranged. Violins, Man- lolines, Banjos in great variety. Strings and rittings of best quality. Latent Sonera and Music, ncluding the new Diamond Jubilee Publications, md the correct versions of Songs as sung by Tom Wood's Minstrels. Ours is unquestionably the argest, best, and most complete Stock of High- ilass Instruments and Musical Requisites in the Fovvn, and we keep only the very best quality. In pection cordially invited. TUNINGS AND REPAIRS bv thoroughly practica naa (late with Broad wood & Son.) PIANOS & ORGANS FOIt HIRE. Box Office forthel Grand Pavilion. Yoa cannot mistake the Shop. It is next loor to the Maguet Photographic Studio and )pposite the General Post Office. RTISTIC AND SCIENTIFIC PHOTOGRAPHER. ,.?" X Rays. M R JOHN WILLIAMS begs to inform the Public of Rhyl and the neighbourhood that 1e has obtained the LATEST and most improved dectrical apparatus, and is prapared to crytoscope Ir radiograph any part of the human body, hrough the clothing. Terms on application. [ESTABLISHED 1885.] JOHN WILLIAMS, PORTLAND STUDIO, High Street, Rhyl. EACH SITTER PERSONALLY ATTENDED TO BY J. W. Please Note the New Address- PORTLAND STUDIO, 8, HIGH STREET JOS. WILLIAMS, Gasfitter and General Ironmonger, 5, Bodfor Street, Rhyl, Begs respectfully to draw attention to his large and varied stock of New Good suitable for the WINTER SEASON OIL L&xps.. Everything GAS AND OIL HEATING STOVES. of —— R RELIABLE BEST SELECTION OF INCllrnESDENT I FITTINGS AND SHADES. Y Q U ALITr BEDSTEADS AND BEDDIKG. LOWEST PLATED GOODS AND CUTLERY. possible 1 possible CORNICE POLES AND Doon RODS. PRICES. BEXJSHES IN GREAT VAEIETT. Liberal PAINTS AND VAENISHES. Discount GAS FITTINGS, &c., GLOBES. J for CASH. Paraffin Oil DELIVERED in large or small quantities. Bottle supplied FREE to every Cus- tomer. A NEW SHOWROOM Has lately been added for the more effective display of the newest and latest style in PAPERHANGINGS at specially low prices. Quantity of REMNANTS exceedingly cheap. Sole Agent for the INCANDESCENT GAS LIGHT JOSEPH WILLIAMS, 5, Bodfor Street, Rhyl. JEWELLER Y JEWELLEY!R JEWELLERY All the Newest Designs and Latest Novelties at BIRMINGHAM PRICES. Can be o tained from 19 A, 19A, HIGH SMTFAIM M HIGH STREET, v&mr STREET, RHYL. RHYL. — Watches, v!n Repairs Clocks and a Optical Wi,>* Goods. ^||||Xj|jSr Feature. J. E. CORNEY, (Late Argents, Watchman er, Jeweller mm Optician. The Oldest Jewellery Bnsiness in Tower. Printing of every description neatly and promptly exesuted at the "Advertise" Office