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BREACH OF PROMISE SEQUEL.',

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BREACH OF PROMISE SEQUEL. CAERSWS DEFENDANT BANKRUPT. YESTERDAY'S EXAMINATION AT NEWTOWN I Yesterday at Newtown before the Registrar, Mr William Watkins, Thomas Evan Kinsey, Maesmawr, Caersws, who described himself as a farm bailiff, came up for his public examination in bankruptcy. He was represented by Mr Daniel Evans, Brecon, whilst Mr Edward Powell appeared for his only creditor, Miss Eleanor Davies, Buck Temperance Hotel, Caersws, who in February last obtained a verdict against him for £ 400 damages for breach of promise, and costs ( £ 557 12s 6d in all). Miss Davies was present in Court. The Official Receiver's observations were as followsA receiving order was made on the debtor's petition, and he has been adjudged bankrupt. For some time the bankrupt has been employed by his father as a farm bailiff on Maesmawr estates. He has no fixed salary, as the father maintains him. According to his statement of affairs there is only one creditor, who was the plaintiff in an actios for breach of promise of marriage which was heard in London in February, when a verdict of £ 400 and costs was given against bankrupt, and he has filed his petition in consequence." Examined by Mr Cariss, of Shrewsbury (Assist- ant Official Receiver), debtor said he was 30 years of age and was his father's eldest son. For the last ten years he had acted as farm bailiff at Maes- mawr. He bad other brothers, one of whom also assisted on the farm. He had no fixed salary or allowance. Anything he received was, he supposed, by way of going on." His father paid for his clothing and board, and whenever he wanted money he bad to go to him. He did not owe anyone else but Miss Davies a copper. He had never been in the habit of obtaining credit from anyone and had never incurred debts. He really forgot when the breach of promise action was tried, but he believed it was about the end of January. When he received the writ for that action he showed it his father, who decided to defend it and retained a solicitor for him. He (debtor) told his father th9re was NO GROUND FOR THE ACTION. No settlement was ever suggested to him, nor did he ever suggest one. He did not know the cost of defending the action, but he had two Counsel. The present petition was the sequel to that action. He did not file his petition to avoid payment of the amount given against him, but because he could not possibly meet it. If he had had the means he would have paid up and been only too glad to get rid of it. He could form his own opinion as to whether the verdict which Miss Davies obtained was a just one or not, but, the verdict having gone against him, he would have discharged his liability had he been able to do so. He had received a letter from Mr Powell wanting him to stump up or he would play the Harry with him." Mr Powell did not put it that way, but that was the sum and substance of the letter, as a reply to w'j, he fi',>rl his petition. He had no assets and never had any. He was on the register of voters for the county of Montgomery and bad been so for the last seven years. His qualification was a cottage in Llandinam on his father's estate. The rent was R6 a year and he became possessed of it simply for Parliamentary purposes. As a matter of fact the cottage was not actually his property but he thought the end justified the means, and the vote was never ob- jected to. He had never had the cottage conveyed to him and, if -they liked to put it so, bad no shadow of claim to it whatever. He was also a member of the Newtown and Llanidloes Board of Guardians, for which his qualification was that he Was on the voters' list. He bad no interest in his father's property on his death the estates were not entailed. Mr Powell: Your father is a Justice of the Peace for the caunty and the owner of some hundreds of acres of land and several houses. Mr Evans submitted that the debtor was not there to disclose anything with regard to his father. "The Registrar I don't think it is necessary to go into his father's affairs. Mr Powell contended that the question must be answered in order to show what the DEBTOR'S PROSPECTS were as the eldest son. He was only asking in a general way. Receiving permission, Mr Powell again put the question, and debtor replied You can't call him a large landed proprietor." Mr Evans again protested. Mr Powell was only asking these questions for the purpose of causing pain. Mr Powell resented the insinuation. The Regis- trar must know that 'such was net the case. Mr Evans had no right to impute such a motive. Mr Evans: I do impute it most emphatically. Mr Powell There is no foundation for it. Mr Evans I repeat it. You can have DO other object than to try to cause pain to Mr Kinsey's father. Mr Powell: That is a most foolish assertion. The Registrar, intervening, begged the advocates not to wrangle. He had ruled that Mr Powell might put his question in a general way. On the question being again asked, debtor replied that his father was a landed proprietor. Further examined by Mr Powell, debtor said he was still acting in the capacity of farm bailiff for his father. Very likely he did say to several people after the trial in London that Miss Davies would never get a penny. This was quite a natural state- ment to make, seeing that he had no money. With regard to the cottage he was not aware that he could not have got on the list without signing a statement that he was the owner of it. It was so long ago that he forgot whether he did sign anything or not.—Mr Powell here put in two rent receipts for the cottage, one signed by the debtor and the other by his mother on behalf of him.- Debtor said these might or might not be samples of the receipts that were generally given. He had acted as A GUARDIAN FOR SIX YEARS but it bad never occurred to him that he might have been removed from the Board at any time because, on his own declaration, he bad no right to be on the votere list. He never told Miss Davies that he was the owner of some other cottages. Ho was frequently a judge at local shows but there was no money in that game. Mr Powell: Have you, since the action in London, given any young ladyla ring ? Debtor This is not a breach of promise case. Mr Powell: I want to show your position. Was it a ring, a watch and chain, aworkbasket, or what was it ? Suppose we start with the ring; is it correct about that ? Debtor That has nothing to do with this case. The Registrar i The question is a pertinent one. Debtor: I don't see why I should answer such questions. Mr Powell: Did 'you or did you not give the young lady a ring ? Debtor I gave her a ring, but not a watch and chain, a worktasket, or a thimble. Mr Powell: Did you tell Miss Davies that you had in the Savings Bank money given you by an aunt ? No, I did not.—You say you filed your petition in consequence of receiving a letter from me threatening to play the Old Harry with you; did I use such an expression, or, indeed, threaten you in any way ? You asked me to pay up.—Did I ever say anything to you beyond that, if you did not come to terms, I must ask for judgment P No, I don't think so.—You tell the Official Receiver that you have not filed your petition in order to avoid payment ? That is right.-Then, if at any time you come into any assets, you would be pre- pared to pay ? Yes, of course I would.-Then you do not intend applying for your discharge ? I have KEVER THOUGHT OF IT. Did you ever tell Miss Davies that you had great expectations ? No, nothing of the kind.-But, as a matter of fact, there are a good many rich people to whom yon are nearly related ? No, I am not.- You have two rich aunts ? Yes, but my father and mother are nearer relatives than I am. Mr Evans You have no property of any kind whatever ? No.—With regard to this cottage it is part of the Maesmawr estat3, and you have no earthly interest in it ? None at all.-And any money you receive is by way of bounty from your father ? That is so.—Has Mr Powell been pressing constantly for payment of the money owing to Miss Davies ? He has.—He has sent letter after letter? Yes.—And was it in consequence of this pressure that you filed your petition ? It was. Neither Mr Powell nor Mr Evans having any more questions to ask, the Registrar declared the examination closed. Mr Cariss intimated that he would take an early opportunity of examining debtor's father and mother.

w-SHIRE HORSE SUCCESS.

E. R.

[No title]

♦ GOOD TEMPLARY.

LLANBADARN FAWR.