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A Conway Pensioner's Death.
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A Conway Pensioner's Death. CLAIM FOR COMPENSATION. At ths Conway Ccranty Court, 011 Thursday, Lydia Jones, Penyifielllin, Hanidrte-road, Conway, applied to. His Hoinauac Jiudgie Moss for £ 150 compensation in respect of the death of her hus- band, from Hugh Jones, BLack Lion Ion, Con- way. Mir Gordon Hawart (instructed by Mr H. E. Roberts, of the office of Messrs Porter, Amphlett & Jooeis) appe.areid for the applicant, and Mir R. A. Griffith (instructed by Mr J. W. Hughes) was foir the respondent. Mr Gordon, Hiewiart said that on the 9th Janu- ary last, the xeiapoinidenit employed Ellis Jooes, husband of the applicant, to mend and trim -hedges for him on his farm known as Cae Helton, and on. the nth of the same, month Jones, who was 75 years of age, went out to. work at 6.30 a.m., and retonnted shortly after mid-day with his leg severely out, as he suggested,, by a bill- hook which had been used for his work. He was medically attended, and there was hope of his recovery, although he had lost a 1Iarge quantity of blood. Unfortunately, on. the 15-th January, the woulrud became severely infl,anreid, ■and! the old man. died on the 20th January. There was an, inquest held., and a reporter, Wino was present., would prove that a solicitor ap- peared on behalf of the employer, and that he said, in the course of other things, that he ap- peared for Hugh Jlones, in. wthosie employ the deceased was at the time of the accident. Hie -also, expressed his sympathy on behalf of the eimp,lover, and in fact paid ^,5 on the day of the funeral. He wouild also prove that the re- spondent had tried to settle the matter for £ 20. Ellflis Jones was not employed very regularly, -and he' was paid at the rate of 3s. per day. Lydda Jones, the: applicant, corroborated couimsel, and added that she was married to the deceased for 36 years. On the morning of the nth January, he. left the house, to. work for re- spondent, in good health, taking his dinner with him. He came back shortly after twelve rwj,o,u., -and, was bleeding very much from his knee. He asked her to get a piece of llInen as quick as possible, and she did so. Witness asked die- -ceaed how he came by the accident, and he re- plied that he was cutting wood down and the le bill-hook jumped and cut into his runee. She took his boot off and foiund it full of blood. He was medically attended up to, his death. Her late husband had belen employed by the respon- dent previously. On the day of the inquest she received i os. from Mr Hugh Jones, and on the Tuesday after the' funeral she received. £ 5 from "him..She wrote to. the respondent with respect to compen,sation for the death of her husband,, -and in reply respondent visited her and asked her what she reqruired. She replied £ 60, and in reply he offered: f,20, but this she would not accept. She wirote again on the 16th February, and getting no, reply she consulted her solicitors, who, wrote to the respondent, Wlhorsle wife after- wards visited Penyfeliin., and requested witness 'to settle the case. She, dleiprended, on heir husband for a living, although she did some work her- self. She had .no means of support now, except what little she earned herself at washing. At this juncture Hia Honour asked whether it was not a case which could be. settled ? Mir Herwant replied that 00 thought bO. The Judge: I thinilc it is purely a question of 'amount, Mr Griffith. Mr Griffith: I submit not. I have a good de- fence,. Mr Hewart: Is your client prepared to malka an offer ? Mr Griffith: No.; he is prepared to fight it Giut and leave, it. to. the Judge. 'Cross-examined, the applicant said she was. present when the contract was made between kfer ilate huisiband and the respondent. -She de- nied that her husband took the work on as a job, for which he was to. be paid 3s. She was present when respondent called to see her hus- band in bed. She denied that he told Mr Jones that there was no fault on. his part, neither did he siav that he would ask him to pay the doctor's bill. The Judge: Suppose he did? It does not affect the widow. Mr. Griffith: It would be rather suggestive. Continuing, applicant replied that her late buabajnd received as. per week old-age pension, and on the following Friday this would have been increased toO ss. He had only received the pension three times. He had not been in regular employment for the past four or five years. She believed he had worked for the respondent three or four times before this. Although she was twelve years younger than her husband, she had to depend upon him for her living. There was no qiueistiioni of compensation, when the respon- dent made payments to her. "VYlbem he made that offer of £20, did he not tell you that he did not acknowledge any lia- bility?—He wanted me to. take the £20 and bind myself. You wanted £ 60 at first?—\es. When did you maloo up your mind toO cl,&-tni ^5° The Judge: I don't suppose she had the re- motest idea of the value of it. Many do not— fortunately for employers. Dr. Morris Jones, physician and surgeon, now in practice at Colwyn, Bay, said he was called to. Elllis Jones, whom he found to, be suffering from .a lacerated) incised wound on the inner side, of the left knee. He was also in a rather exhausted condition. From the appearance of the wound, it was most probably a sharp instrument that c.aiu.id it. Was the appearance of the wound consistent with having been caused by a bill-hook?—It was not inconsiatenit Wlhat was the primary cause of death?—The primary cause of death was the accident, and the secoindiary cause would be exhaustion,. Replying to Mr Griffith, the witness said the wouind might have been caused by any other sharp instrument. In reply to the Judge, witness said he was under the impression, that the old.,man, told him that the bill-hook caused the accident. Dr. M. J. Morgan gave similar evidence. W. Ewart Price, representative of the Weekly Niews," gave evidience of being present at the inquest, and produced a traniscript of his noiteis which appeared in the newspaper, show- ing that Mir J. W. Hughes, solicitor, said that he appeared on beihailf of Mr Hugh Jiones, in whose ,etmploy the deceased was,, and extended his sym- pathy to, the widow on behalf of the' respondent and hdmaellf. For the respondent, Mir R. A. Griffith sub- mitted that the onus of proof was on the appli- cant. It was not enough to prove that the de- ceased was in the employ of Hugh Jones, but that the accident happened whilst in his employ. She would also have to prove the affirmative, that the accident arose out of the' employment, and there was not a scrap of evidence as to that. Tie quoted the case of McDonald v. The ownetr of the steamship Banana," reported in the Law Times." All the evidance produced was the statement of the deceased that he cut hi,s leig with a bill-hooik. There was, no evidence that he was on the respowdlent's land, nor that he did a scrap of work for him. The Judge I think you have a case to answer. Mr Glriffith, continuing, said that some time on the morning of the accident the deceased was seen on the land of a neighbour, cutting poles and pointing them. If that was so, the deceased was a trespasser, as he had no permission to go there. If poles were necessary to, repair the ihedlge, there were plenty on respondent's own land but they were not necessary, as the de- ceased was simply sent to repair a gap in this hedge with furze and gorse. Later on, Elias Davies went to' the wood and found five pales ready pointed, and the hedge of the respondent had not been touched. He further contended that the applicant had admitted that she was not wholly dependlemd. on, the deceased. Of course she couild not have been, because he was an old man of 75, and. his next lap would have been a lhOlrt one, his earnings during the last few years not, amounting to, much. The Judge said he could not take that into consideration,. Unfortunately, the Act of Par- liament made no. difference between a man of twenty and one aged eighty or ninety. The respondent was caLled, and said that he gave the deceased a job, for which he was to be paid 3s. After bearing of the accident he went to Cae 'Helen, and found that Ellis Jones had not touched the hedge which he was told to repair. There, were some poles cut and pointed on Elias Davies' field. He denied in- structing deceased tOo cut the poles, as they were of no use to him. Photographs of the hedge were about to be bandied in, when Mr Hewart objected to them. Before they were put in, be should like to know what date they taken and by whom. Respondent, replying to. Mr Griffith, said that the heldge had been, seen. tOo since Ellis Jones died. He visited the deceased, and he said that the accident had been caused by cutting poles and sharpening them. He asked the old man what he wanted the poles for, but he gave no satisfactory answer. Respondent said to him I am soriry for youi, Ellis Jones, and he le- plied You can't hialp it. It is done now." He admitted giving the widow ios., and also £$, and he also, paid the doctor's bill, amount- ing to £3 in s. 6d. She has told us that you offered her ^20?—In, a few days afterwards I made the offer on con- di,tion that I was not liable; but I would give it iher towards helping her on. In a few days again, I saw bar, and she wanted Z60 to. settle the matter and, I told her I could not think of -that sum, and that she knew very well I was not liable, but as a friend, I would give her 6.2o. Gross-examined, respondent said he instructed Mr J. W. Hughes to, appear for him at the in- quest. You went and saw Mr Rioiberts, applicant s solicitor ?—I went to. Mr Porter's office to. pay an insurance bill, and Mr Roberts came out through a door and said What are you going tOo do,?" Did you ask Mr Roberts to try and ascertain from Lydia joineis the lowest figure she would accept?—Yes, I did. Did you "ay one word to Mr Roberts of the story of the poles on Mr Elias Davies' land?— No; I dion't think soo. Wboisa bill-hook was this?—Mine. And where did the deceased get it from?- F,rom my yard. Elias Davlie's, Farmyard, spoke to seeing the deceased on his land on a Monday in January, cutting something for femcin.g purposes. He did not authorise the deceased to go. there. Mr Hewart again addressed His Honour for the applicant, and asked him to, discredit the ,ffiOir:f of cutting poles on the neighbour's land. His Hoinioiur said ha had no doubt in his mind as to what really happened. He was quite convinced, that the accident happened in. the course of the old imam's employment. He went on to review the evidence at length, and said he miuist. award the applicant compensation to, the amount of ^55, which, he considered, was quite as much as she was entitled to.. Out of that amount, he would deduct the £5 paid by the respondent to, applicant. M:r R. A. Griffith asked His 'Honour to deduct the doctor's fees. as weilb The Judge, however, said he would deduct the £ 5 only, and £ 10 would be paid out to the ap- plicant, and the rest woiuld be invested in the usual way, and paid out to the applicant at a rate of £ 2 per month, costs on Scale C with liberty to. apply.
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A Junction Builder and his…
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A Junction Builder and his Clerk. At the Conway County Court, on Thursday, John Courtenay, a clerk, living at Deganwy, claimed, the sum of -1-53 14s. gd. from Arthur Iff,ill, of Hill's brickworks, Llandudno Junction, saild to' be due in respect of commission, &c. Mr Gordon: Hewart (instructed by Mr H. E. Roberts, of Messrs Porter, Amphlett & Jones) appeared for the plaintiff, and the defendant was represented by Mr Joseph Lloyd, Rhyl.. The case for the plaintiff was that from August, 1904, to. March, 1906, he was engaged by the defendant to. do various duties, but owing to an accident he was discharged and banded, a reference. In a month or two. he was re-engaged by the defendant to look after build- ing operations., time-keeping, collecting rents, and paying wages. Early in September last year there was an accumulation of between 200,000 and 300,000 bricks at the defendant's works, and an agreement was drawn up whereby the plain- tiff would be paid 15 s. per week and 2 per cent. Commission; on the sale of the bricks. Later on the same day that agreement was torn up and a freill one was executed by which he was to be paid 15s. per week and 7% per cent. commission, his duties having been increased, and having to. commence work at 7 a.m., and to stay in the office until the defendant liked to let him go. During this period, he (plaintiff) sold all the aceumuilation of bricks on the yard, but had not received a single penny from the de- ferndlélinrt as commission. From September until March this year, when he stopped, working, the sates of bricks, according to the defendant's sales books, amounted to, Z613 14s. 5d., which, according to. the 70 per cent. commission, showed that £46 os. 7d. was due to the plain- tiff. There were other small items which went to, make up the claim, including one of 30s., which was paid into, defendant's account from the Insurance Company, in respect of an acci- dent to plaintiff Mr Joseph Lloyd here announced that the amount of the commission due was admitted, fault there was a set off amounting to £ \~] IOS., which he contended the plaintiff was responsible for in collecting rents, and of which there was no mention in the books. Continuing his evidence, plaintiff said he re- quested a settlement of the commission account, but the dieifendant told him to. go to. h-. He left the employ of Mr Hill on the loth March, but received no. pay from the 6th March to that date. Durinlg the month of March, Mr Hill saw witness, in a shop in Deganwy, and told him but for the fact that he thought of his wife and little children, he would give him in charge for forgery and embezzlement. He told the defendant not to. consider his wife and children, but give him in charge that minute if he had done anything wrong. He was prepared to show, by the defendant's own books, that he had paid all moneys received on account of rents, except in a few instances, where he had paid the money direct to, the defendant, ana had had no acknowledgment for it. The Judge, holding up the agreement, asked Mr Lloyd whether he said the document was a forgery ? Mr Lloyd replied that that was so, and that was his client's oOllitentlon. Mr Lloyd (to witness) Was the defendant in the habit of handing you a signed blank form so. that you could fill in the letters after he had left?—No, never. Youi paid your own wages out of the money, and prepared balance sheets?—Yes. Why didn't you include the commission in the balance! sheet?—I asked defendant about it, and he told me to. wait a bit. I have been waiting, ever since, and have not got it yet. (Laughter.) Replying further to Mr Lloyd, plaintiff de- nied that defendant complained about the way the books were kept. He admitted copying letters for deferudrant in a copying book, and the reason he did not take a copy of the agree- ment in the book, was that he gave him an acceptance in a few minutes afterwards, and he knew it was not necessary for him to. have a copy. ,Mr Liloydi went on to. question plaintiff as, to. numerous items of money collected, and, alleged not to have been accounted for by plaintiff. Mr Hewart: As a matter of fact, Mr Lloyd, at least fifteen out of the twenty-four items you allege are accounted for, have been traced in, a very short time by us. in the defendant's bookis, and we are prepared to show them to, you. Re-examined, plaintiff said it was false to, suggest that the second agreement upon which he relied, was a dishonest document. Mr Joseph Lloyd addressed His Honour, and said that his client, when in a hurry to leave the office, was in the habit of telling the plain- tiff what letters were to be written, and then signed blank letter forms, which were left for the clerk to, fill in. The defendant, in his evidence, denied, that t-he- agreement put in by the plaintiff was a genuine one, and added that he had been in the habit of leaving in the office sheets: of paper with his signature only Oon" so that the clerk could write leittersi on them, in his absence. There was only one bottle of ink in the office, and the agreement showed that two distinct kinds of ink had been used in drawing it up. The terms in the agreement were preposterously high, and if he really did put his; name to such a dtocument, it was time he was taken care of bv his friends. John N. Noble, a brickmaker, said he was asked to make an, investigation of the plaintrff s booikis, which he found very much neglected;. He asked Courtenay to show the books and tell the system uinder which he was- working, and plaintiff made an, exause, and simply pointed to' tbe books on the shelves. H. Christmas Jones, the new clerk at the brickworks, spoke to hearing a conversation, be- tween Noble and Courtenay in which the plain- tiff said he was only offered ki from Mr Hill as compensation, whereas the latter had re- ceived 30s., and he asked" Is that enough for a broken nose?" (Laughter.) Mr Hewart said that the compensation was in respect to an injury to. the foot, and not to' the nose. The Judge decided that the agreement was signed by the defendant after the sheet had:. been filled up. An allegation of forgery was very serious, and he, certainly did not accept it without the clearest possible evidence that it had taken place. It was for the defendant to prove that the document was not signed after the text had been written, and he had not done so. Having examined' the document cfosely, he failed to note any difference in the age or qual- ity of the ink such as bad been alleged. Hie would give judgment for the plaintiff for the amount claimed, with costs, subject to the Registrar's finding with re.gard to the set-off which would be referred to him. In the case of John Williams v. Arthur Hill, jjudigmeint for £ 6 was given by consent.
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Colwyn Bay Public Library.
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Colwyn Bay Public Library. THE DISTRICT COUNCIL'S CRITICISMS. The annual meating of the Colwyn Bay Free Library Committee was held on Thursday after- nOOin, when there were present the Rev. Thos. Tarry, J.P. (the retiring Chairman), Mr. George Bevan (the retiring Vice-Chairman), the Rev. Dr. Christein, the Rev. W. Hughes, the Rev. John Edwards. the Rev. Robert Roberts, Messrs Stanley Wood, M.A., E. Griffiths, John Jones (Cartref), W. Greenfield, SiVmuôl Jones, T. R. Lewis, George Duckers, and Payne (Old Col- Avyn.) togetebe/r wittih the Librarian, Mr. 0. Tones- R obert si. ÖHATRMAN AND VICE-CHAIRMAN. Dr. Christein, in proposing that the Rev. Thomas Parry be re-elected chairman, said that they could not possibly do better, because Mr. Parry had all along taken a great interest in the Library. Mr. John Jones; seconded the motion, which was unanimously carried. Ir. Parry said he was very much obliged to the Committee for electing him to the chair once more. He hoped they would do as good work in the coming year as they had done in the past years. (Hear, hear.) He thought they had done useful work and that they had no reason to be ashamed of anything that had been tlone. He was very pleased to. see the new members present, and hoped they would throw themselves into. the work they were well acquainted with the rouitine of the Committee's business and with the reqiuiirememts of such a town as Cbl- wyn Bay in matters concerning the Library. Mr. John Jones proposed and Mr. T. R. Lewis seconded the re-election of Mr Bevan as vice-chairman, and this again was unanimously agreed toi. Air. Beivan returned thanks, and said he would endeavour to. fill the office to the best of his ability. At the same time, he hoped the position would be as easy a, one as it was last year, when; his services were' not required, as their Chairman was so very punctual, regular, and faithful in. his attendance and in fulfilling his duties that he left no work for the Vice- Chair.mam. to do.. (Laughter and hear, hear.) THE PERIODICALS. The Librarian submitted his requisition for the coming yeiar, including periodicals and newspapers. Staniqy Wood inquired whether there were any inquiries for other periodicals than those obtained. The Librarian replied in the negative. In answer to further questions by Mr Wood., the Librarian said that Hibbert's Journal was, regularly read by a small class. On the suggestion of the Librarian, it was decided to. withdraw The Expositor and to take in its place The Expository Times." With this change the list was adopted. Coming next to the weeklies, it was decided 1e tOo continue the Goleuad to take the Church Family Newspaper and the. "Church Times" to continue, The Inquirer"; to cease taking Tit-bits to supply the ",Ladie,s' Field instead of the Ladies' Pictorial to. drop Nature and to take Country Life in its place; and to. supply" The Skeltch" in- stead of The Sphere." THE DAILY PAPERS. Dealing with the list of dailies, the Librarian said that the two editions of the Manchester Guardian were, taken. This course was neces- sary because oi the enormous demand for the "rGruardiall," one copy of which was quite in- sufficient for the nuimiber of reladers who desired to consult it. It was decided to continue the supply. It was also- resolved, oin the suggestion of the Librarian, to add I- The Morning Post." Mr. Greenfield: Can orur Librarian teill us how many Liberal and how many Conservative papers are taken? The Chairman.: They have hitherto been equal in number, but now the Conservative papers exceed the Liberal papers by one. Mr. E. Griffiths: I didn't think we had to have an even, balance between the two political parties. Mr. Greenifieilid I only asked for information. The Chairman And as, the question was asked I was obliged to, aosiwar it. It was proposed by Mr. Griffiths and seconded by Dr. Christein that the Daily Mail and Daily Dispatch be taken., and this was sup- ported by Mr. Samuel Jones. Mr. Griffiths: I have read complaints about the dropping of the Daily Mail." Mr. John Jones: It is no use taking notice of compLaints by hysterical, nonsensical women. M(r. Griffiths: I was referring to sensible people, like myself. (Laughter.) Rev. Robert Roberts: Perhaps we had better have the reasons why these two. papers were re- jected? Mr. Griffiths: I think not, because we are starting afresh and we had better let bygones be bygones. Mir. Greenfield: Is there room for them? The Chairman No. Mr. John Jomies: If I wanted a halfpenny paper I would buy one. Mr. Griffiths: That would apply to the "Daily News." In the course of further discussion, the Chair- man remarked that they must remember that the Library was a Library, and not merely a news- paper room. Mr. Samuel Jones I think it was wrong to discontinue the Daily Mail." The motion to take, the two papers was de- feated by 9 votes to. 6. Mr. S. Jones: You have made a mistake, in my opinion. A letter was read from the Colwyn Bay Hor- ticultural Society asking the Committee to. takie The Journal of Horticulture instead of "Amateur Gardening," but it was decided to stick to the latter paper. THE CRITICS." The Chairman said he did not know whether it was worth, wlhile to refer to their critics. After all the talk the majority of the Committee were of the same opinion as last year. But he would say this, that he thought the gentlemen who had indulged in criticism1 might as well keep to their own ground. They had taken, up- on themselves to do some certain work for the benefit of the ratepayers, and if he were going to, criticise he couild show theim many things which they had not done, and. that it would be a great be-i-iefit to. the public if those repre.senita- would Look after their own. business. The work of the Urban District Council would take more than they could spare of their time. With regard to. another authority, it was true that the town now had five members on the County Council, but he did not see that any better work was done for the town; by the five than was done by only one member in the years gone by. (Laughter.) He was glad to. observe Mr. Bevan laughing. (Renewed laughter.) He could, show many things; in the town, which proved that certain public men did not look after their own work. For instance, they had only to, look at the streets. Whereas, the watering-cart was. al- ways pottering about the main road, it scarcely visited the other streets, with the result that a large section of the public suffered considerable inconvenience. As to. the represntatiom of Old Colwyn on the Committee, he was, glad tOo see Mr. Payne present, and hoped he would attend. He would press upon that. Other members, had been. appointed for Old Co'iwyn, but never at- tended. He considered it audacity on the part of a member to advise the Committee when tOo close and when to open the Library when he never attended himself to. see what was being done by members who were doing their best on behalf of the institution. They had laboured hard for years and taken the greatest possible interest in the work, and they knew better how to look after the interests of the public than did those who, kept away. In his opinion the mem- bers of the Cbmmiittee were all well able to look after themselves. A long discussion took place with reference to the purchase of a complete set of the "Traethodydd," offered by a Carnarvon pub- lisher, and it was decided for the second time to leave the matter in the hands of the Chair- man and the Librarian. THE BUDGET. The estimated receipts and expenditure for the coming year amounted to £365. Mr. Bevan, said that last year they had a windfall in the shape of an anonymous gift of ;615, but unfortunately there was no prospect of a similar slice of good fortune this year. The estimates were adopted. It was decided that the Book Committee con- sist of the sixteen, members of the Library Com- mittee, instead of only ten. as formerly. The Library is to. be closed for about a fort- night, commencing on June 30th, for purposes of stock-taking, &c __e-