Flintshire Observer Mining Journal and General Advertiser for the Counties of Flint Denbigh

HOLYWELL. MONTHLY SESSIONS TUESDAY.— Before Messrs Trevor Eyton (presiding), J. Philip Jones, S. Jones and A. Earl. LICENSING. The license of ihe Cross Foxes, Brynford- street, Holywell, was on application, trans- ferred to Mrs Catherine Edwards, widow of tAe late licensee, Mr J. E. Edwards. WITHDRAWN PROCEEDINGS. Application was made by Mr J. P. Jones, Sanitary Inspector of the Holywell Rural District Council, for the withdrawal, on pay- ment of costs, of summonses for non-abate- ment of nuisances against Mr J. E. Pierce, Holywell, and Mr J. Barron, Holywell, in re- spect of property at Bagilit. Mr Jones stated that since the proceedings were taken the nuisances complained of had been remedied. Mr Barron appeared, and agreed to the payment of costs. Mr Pierce was not present but Mr J. P. Jones intimated that Mr Pierce knew of the application.—The application as made was granted. AN ALLEGED ASSAULT AT STOKYN FARM, Wm. Howarth, hay and straw merchant, Flint, was summoned for assault by Thomas Davies, Stokyn Farm, Greenfield. Mr J. Kerfoot Roberts, Holywell, appeared for the prosecution Mr Thos. W. Hughes, Flint, defended.—The prosecutor stated that he sold the defendant two stacks of hay in August last, On the i xth of May, the defendant called at the farm about the hay and said if he did net shut his mouth he would knock his head off." If he should not have the hay he would have the strings. He took his hat and coat off, and ran and got his stick, and then he ran at him (prosecutor) getting hold of him by the throat he threw him down and then knelt on his chest. He was taken off by Miss Jones. He had suffered from the effects of the assault. Defendant was in a shocking temper.—By Mr T. W. Hughes: He sold two stacks to the defendant, one at 55s. the other at 50s. a ton. Defendant paid £45 on account, and one stack was delivered. Tne hay was in the stackyard trussed. He had not delivered it. He had not picked out the best of the hay. The hay was cut and trussed by the men employed by the defendant. The document submitted he had signed. It stated II I Thomas Davies agree to take 30s. a ton for the last stack of hay, delivered to Grosvenor Mill, 19th May, iL gog." He did not knew what was on the paper until after he had signed it. He was no scholar.-Re-ex. amined by Mr Roberts: He offered to allow Howarth sos. a ton for two loads of hay which was complained of as dusty. On the nth of May he refused to deliver any more hay. He (Howarth) however asked him to deliver the remainder of the hay and offered him 50s. A man named Forrester had trussed the hay. He paid 9s, 6d. to the trossers because they would not otherwise be paid.—Thomas Roberts, employed on the farm, said he did not see the assault, but he saw Howarth without his hat and jacket in the stackyard. He, heard him say to com- plainant "I'll knock your head off in ten minutes."—Elizabeth Jones, niece of the complainant, stated she saw Howarth go to the trusses with a knife in his hand. Her uncle stood in between, upon which Howarth went at him and was in the attitude of hitting her uncle when she sprang forward and stopped him. Her uncle did not touch the defendant.—Mr Hughes, for the defence, said the effort was to get out of the contract with Mr Howarth, and that subject will be dealt with in an action for breach of contract at the next Holywell County Court. He contended that the complainant first of all assaulted the defendant, who started the affair, and Howarth only acted in self defence.—Wm. Howarth said when the hay was delivered he found it dirty. He called Davies' attention to it, and said it was not worth the price. He read the agreement before complainant signed it. He sent for two loads and was told they would not be sent. The next day he went to Stokyn Farm, and saw Davies, whc said he was not going to let him have the hay at 30s. a ton. He would not agree, and complainant, when he (defendant) went to cut the string off the trusses, caught him by the throat. He had to put complainant down to release himself. He did not assault Davies.—Wm. H. Forrester said he was in the warehouse at Bagillt when the two loads of hay were delivered. He was present when the con- versation took place between Mr Davies and Mr Howarth. There was complaint of the inferior quality of the hay, and that Mr Howarth would not take any more at the price. An arrangement was made to take the hay at 30s. a ton, and they went down to the office to sign some agreement.—By Mr Roberts: He had noticed the quality of the hay before, but did not make any complaint until he saw Mr Howarth on the nth of May. -Wm Humphreys, trusser, said Davies put some hay aside and said they should not have that. There was some talk afterwards about the string, and Mr Davies saw him at Mertyn Hall about it afterwards. The hay in the stackyard was the beat of the stack, some parts of the hay was "chronic."—The Chair- man said it was to be regretted that the case should have been brought into the Police Court. It was a matter that should be dealt with fn the County Court rather than by the Magistrates. They decided to dismiss the case, each party to pay his own costs. CRUELTY TQ A HORSE. John Lee, Carmel, and Wm. Lee, Mwdwl- sithen, were summoned by Inspector J. Davies, R.S.P.C.A., the former for working, and the latter for causing a horse to be worked in an unfit state.-Police-constable O. Jones stated that on Saturday, May 22nd, he saw the horse drawing a coal cart. He examined it on the Holway-road, and found wounds under the collar and on other parts of the animal's body, which were fully described and which were covered with a plaster of blacking. He ordered the horse to be removed from the cart and not to be further employed. John Lee stated to him that his brother ordered him to go for coal.—Inspector Davies gave corroborative evidgose*, and said it was ex- plained to him M the horse was bought from a colliery an if the wounds were on at the time and would not heat-The defendants admitted the offence, and were fined as. 6d. and 8s. costs each. A DISPUTED MAINTENANCE CLAIM—A MAN WITH A GRIEVANCE, Daniel Jones, of Gronant House, Gwespyr, appeared to be examined on oath as to his means since last judgment, and to show cause why he should not be committed to prison for default in not paying.—Mr P. H. Roberts, Clerk to the Guardians of Holywell Union, stated the case had been before the court since 1902, when an order was made for the maintenance of his mother. There were now arrears of j £ a 16s. od. Defendant was em- ployed at Talacre Quarries.—Replying to Mr Roberts, defendant said he could not say what he earned; he had not reckoned it up for the year. He only worked a few months. It might be 249. 2d. a week. Defendant had a grievance against the Clerk to the Guardians and the Relieving Officer, who he alleged were claiming more than was due and sent iiim threatening letters. It was explained tnat the defendant owed 12s. He appeared to have counted twelve calendar months at 4s. in^tea J of 52 weeks for the payment of his mother's maintenance. Mr Roberts said he did not wish to deal harshly with the defendant, but he was in a position to pay the arr,ars.-The Chairman said it was a great ,name that the defendant had nor realised iiis responsibility to maintain his mother. They were satisfied the defendant had not attempted to pay and only sought to give trouble to the guardians. The Bench had decided to commit defendant to prison for one month, suspended for a month in which to pay. Wm. Jones, of Penybalt, who did not appear, was summoned to contribute to the nainu nance of his mother, chargeable to the common fund of Holywell Union.—Mr P. d. Roberts, Clerk to the Guardians, applied tor an order ol one shilling per week, which was granted. CHARGE AGAINST A LICENSE HOLDER. Thomas Hughes, licensee of the Harp Inn, Grt:enfield-strect, was summoned by Police- constable Thomas Foulkes for permitting drunkenness, and further with selling to a drunken person.—Mr Elford H. Roberts appeared for the prosecution, and Mr J. Kerfoot Roberts defended.—Police-constable Foulkes stated that on Thursday, the 27th ult., he took Ithel Davies into custody on a charge of being drunk and helpless in New Road. Robert Edwards was with him and assisted witness to take him to the Police Station. He had a conversation with Davies and on the instruction of his superior officer ne interviewed the defendant. He asked Hughes why he had served the man until he got into that state, to which he replied I noticed he had a drop ot drink, but he was not drunk." Defendant did not seem sur- prised when he told him the man was drunk. —Ithel Davies, Carnarvon Castle Yard, said on Thursday morning last he went to the Feathers Inn, afterwards down to the Harp. Then he went out, and returned about dinner time to the Harp. He had several drinks, but could not recollect the number. He had a very hazy recollection of everything. He went up New Road with Robert Edwards and the police took him away.—Robt. Edwards said he saw Ithel Davies in the morning. He went and had two glasses of beer with him. He saw him in the afternoon about a quarter past one at the Harp. He had a glass of beer before him. Witness got a pint on trust, and afterwards Ithel paid for a drink, but he was a long time over it. lie told Mr Hughes he was going to take him home to his lodgings. They left the house. He took hold ot him, and when by the Catholic School he sat down. The police officer came to them, and he told him he was taking him home. The officer said He is not fit to take to lodgings. By Mr Kerfoot Roberts He called at the Talacre and got a glass of beer and a bottle of stout. He paid for it. He wanted the drink outside as he was tired. He could not say how many drinks Ithel Davies had. He never watched what people drank. He did not go up towards Well-street. Davies would not go that way. It was not that he might get more.—Margaret Sherry, licensee of the 1 alacre Arms, said Ithel Davies called in the house in the morning. She saw him, he was sober. In the afternoon, she saw the man by the Catholic Schools, but he had not been in her house. Edwards called and had a glas& of beer and a bottle of stout, which he took out.—Thomas Hughes, the defendant, said Itkel Davies left the house about one o'clock. He walked quietly out, and walked soberly. He was not drunk. He had only three glasses of beer.—By Mr Elford Roberts: Edwards entered about twelve and left with Davies. Davies was not a fast drinker. Edwards had a pint on trust, and Davies paid for a couple of drinks for him. His attention was not called to Davies' condition by Edwards, He saw nothing to complain of in the man's state. -James McVeigh said he saw Davies about a quarter to one on Thursday, at the Harp. He saw him afterwards leave the Harp and go up New Road. He considered that Davies* com- panion should have been locked up rather than Davies, He looked as sober as he did at ten o'clock.—Mr Kerfoot Roberts for the defence, contended that the case was not proved against the defendant. The was nothing to show that the man Davies had not called at other houses between one o'clock and nearly three when he was found by the police. Was it not possible that the man Edwards had, as he did in the case of the Talacre, got drink for Davies, for he had admitted, and Miss Sherry had also admitted in all inocence that Edwards drunk his beer and took the bottle of stout out.—The Bench having considered the case, the Chairman said the justices con- sidered the licensee had shown a great want of judgment, it had been an error of judgment on his part to serve a man in an unfit condition. They had decided to fine him, but owing to his previous good record ot twelve years as a licensee, the police having no complaints against him, he would only be fined 20s. and 13s, costs with advocates3 fee. THE CHILDREN'S ACT AND ALIEN IGNORANCE. FIRST CASE AT BAGILLT. Adolph Sheilke, who keeps a small shop at Bagillt, was summoned under the Children's Act, by Police-constable R. Yatnell Davies, for selling cigarettes to a child under the age of I I years.—Acting-Chief Constable J. Ivor Davies stated the proceedings were taken under section 39 of the Children's Act, and was the first case under the act in the county. He did not press for a heavy penalty, as he desired to bring the case forward as a warning to traders and innkeepers that the act will not be allowed to be a dead letter in the county.—Police-constable Yarnell Davies said on the 21tb ult., Deputy-Chief Constable Davies and himself had occasion to visit defendant's shop, in Bagillt, As they entered the shop they saw the defendant in the act of delivering four cigarettes to a small boy, who tendered sixpence. He enquired the name of the boy, who said he was Llewelyn Pritchard, of Bull houses, and was 11 years of age. He pointed out to the defendant that he was infringing the Children's Act, upon which he (defendant) took from the boy the four cigarettes and returned the sixpence, saying II I will not sell them to you, but they were for your brother." The boy said that was so. —The defendant in reply to the Bench said, I am sorry that I should trade contrary to the law, but I really never read there was such an Act out. I never read the papers.The Acting-Chief Constable: The Act is published outside the Police Station.—Defendant: But I am only in the shop. I never go out of doors. I always was under the impression that having the license to sell tobacco, I could do so.—The Bench expressed the hope that the ActiDg-Chief Constable would press upon the authorities to have the Act properly pub- lished and distributed.—Defendant: The Act ought to have been distributed. It is a shame to have persons fined when they don't know they are selling agamst the Act.—The Acting- Chief Constable: I could have brought him up on another charge—a much more serious one than this, but I overlooked that owing to this.—The Bench, as it was the first under the Act, dismissed the case, on payment of costs. STRAYING, William Price, a tramping hawker, was summoned for allowing his mule to stray at Mostyn.—Sergt. B. C. Jones proved the case, and a fine of 5s. and 8s. costs was imposed. DRUNK ON SUNDAY. James Murray, a tailor, employed in the town, was summoned for being drunk on Sunday, the 9th ult.—Police-constable 0. Jones stated that the defendant was staggering along the Holway road, about quarter to one on Sunday afternoon, the 9th ult. He saw the defendant to his lodgings.—Defendant in reply to the Bench, said he only had sixpenny worth of whisky in a bottle, and he and another party drank it. He was not drunk for he only had a drop of drink.—Fined 2s. 6d. and 6s. costs. Thomas Davies, Bagillt, was summoned by Police-constable Davies, for being drunk on Sunday, the 16th ult, on the Bagillt road, near Greenfield.-Fined 2s. 6d. and 6s. costs. STREET FIGHTING AT NIGHT. William Edw. Jones, Bagilit, and Archibald Gunther, Flint, were summoned for a breach of the peace.—Police-constable T. Foulkes stated on the night of the 15th ult., he found the defendants fighting in Coleshill-street. He got the men to go home.-Gunther in defence said he was not drunk, he had never touched beer in his life, and called his brother, Idwal, in support of his contention as he wanted his character cleared, Idwal said cc Mother has reared eighteen children and never one of us has been drunk pew" it was pointed out that the charge tfU for fighting —committing a breach of the peace, not for being drunk-Jones said he did not start the row, he had not the chance to do anything. He was struck tour times but he did not fight at all. Gunther said he only struck in self* defence.-The defendants were bound over in their own recognizance of f s each, to keep the peace and to pay costs, 6s. 3d. each. BAGILLT WOMEN AND COAL STEALING. ALLEGED EARLY TRAINING OF A CHILD. Elizabeth Davies and Mary Jane Morris, of Pentre Bach, Bagillt, were charged by Mr A. J. Walton, on behalf of the Baigilit Colliery Company, with stealing coal.—Mr Thos. W. Hughes, Flint, appeared for the prosecution, and said it appeared impossible to stop the practice of pilfering coal from Bettisfield Colliery.—James Morley, employed by the Bagillt Colliery Company as watchman, stated on May 7th from the lamp room on the premises of Bettisfield Colliery he saw the two women and a girl in the vicinity of some coal waggons. The women lifted the little girl to the top of the waggon, and she threw down the coal to the two women who picked up the coal and put it in their aprons. The women had two aprons on each; a white apron over a thick strong apron in which they placed the coal Some one from the direction ot the screens called out "Get out of the waggon." He went towards the women and they dropped the coal on the ground. They had about 16 lbs each. Witness added it was just getting dusk, but he could see tke defendants plainly, he was within a few yards of them. One of the defendants said she only had a lump of coal in her hand, the size of a tea cup and she dropped it when Morley got hold of her, as she passed the lamp room, —In reply to the Bench, Mr T. W. Hughes said they had not proceeded against the child, the daughter of Elizabetn Davies, owing to her age. Inquiry had not been made who called out to the women from the direction of the screeas, but it could be amettained.-The defendant Morris, said she had been meeting her brother's wife.-A long letter was submitted to the Bench on behalf of Mary Jane Morris.—Mr Hugbesremarked that the letter was written by Wm. Morris, who when proceedings were taken against him could not attend oourt owing to fits and the case was withdrawn, it was however, evident he could write letters.—The Bench adjourned the case against the women for a month, that further evidence may be produced.