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!!,T!M! RUTHIN ASSIZES.
!T!M! RUTHIN ASSIZES. A SOLICITOR SENTENCED TO PENAli SERVITUDE. THEFT OF JEWELLERY AND CLOTHING AT CONNAH'S QUAY. Mr Justice A. T. Lawrence opened the Assizes for the counties of Denbigh, Flint, Merioneth and Montgomery, at Ruthin, on Friday. His Lordship, addressing the grand jury, said the calendar was satisfactory, contain- ing just what crimes one must expect in the best-regulated community. TRIALS OF PRISONERS. Two young men, named Jas. Hamilton (21) and Lemuel Pearce (18), pleaded guilty to breaking into a dwelling-house at Church Stoke, near Montgomery, and stealing two razors and some apples. Both had been in trouble before. Hamilton was sent to prison for six months and Pierce for two months. Mr T. E. Morris prosecuted. In the second case of breaking in at Ruabon, Mr Artemus Jones prosecuted. The prisoner, Ishmael Davies, against whom nothing was known, pleaded guilty.. The police gave him a good character, and he was bound over under the First Offenders' Act. Maria Davies (42), charged with setting fire to a barn belonging to John Moseley, at Neade, Montgomeryshire, was certified. insane, and therefore was not fit to plead. His Lordship said an order woulp be made for her detention. Thomas Williams (35) and Thomas J >nes (53) pleaded guilty to thefts of brass fit- tings from an unoccupied house at Wrex- ham, and were sentenced, Williams to one month and Jones to three months' imprison- ment. Mr T. H. Parry prosecuted. John Robert Jones (23), a gardener, who was said to be of weak intelligence, pleaded guilty to attempting a criminal offence r, 11 against a girl of 12. He was sentenced to two months' imprisonment with hard labjur. Frederick Chadfield (32), a sergeant in the Army, was found not guilty of an un- natural offence and was discharged. Mr Trevor Lloyd appeared to prosecute and Mr Artemus Jones defended. THEFTS AT CONNAH'S QUAY. A SOLDIER'S DOWNFALL. John James Haslem, alias John Shaw, alias John Thomas Edwards, was charged with stealing a gold ring, the property of Esther Taylor, at Connah's Quay; with ob- taining, by false pretence, Ci 10s and a quantity of food from the same' prosecutrix; and with stealing clothing valued at ^4 14s 6d., belonging to John Taylor, at Connah's Quay. He denied all the charges. Mr O. Roberts, prosecuting, said the prisoner lodged with the Taylors. The ring was mis- sed after he left, and afterwards he gave it to a woman "in remembrance" of him. Mr Artcmus Jones defended the prisoner, who denied the false pretence, and said the ring was in the pocket of a coat that Taylor lent him. He was found guilty of the theft of the ring, no evidence being offered in the other cases. Prisoner said he joined the "Lancashire Fusiliers in 1892. He served ten years in the Army, nine as a sergeant, and was in the South African war as a sergeant, return- ing- home in 1902. Then he married badly. He rejoined the service, enlisting in the East Lancashire Regiment, to go out tp the In- dian frontier war. He served in that regi- ment and in the Bengal Lancers until December, 1906. When he came home his wife took to drinking. He had about 4,000 rupees on landing from India, and with that money he got into bad company. He had four medals, a star, and a decoration. He promised not to offend again. His Lordship said it was a pity that nris- oner had given up an honourable calling, He wojild be imprisoned for eighteen months in the second division. He was tak- ing into account another charge hanging over the prisoner at Wigan, and so when he came out of prison he would be entirely rid of the charges. Prisoner I thank you, my lord. A LLANGOLLEN ASSAULT CASE. Evan Henry Edwards (23), labourer, was charged with wounding with intent his brother, Edward Edwards, at Llangollen, on September 19th. Mr Trevor Lloyd prose- cuted, and Mr Artcmus Jones defended. Prisoner pleaded self-defence. Prisoner was found guilty of unlawful wounding. There were twelve summary convictions against him for assaults, drunk- on enness and the like. He was sent to prison for six months' with hard labour. SERIOUS CHARGES AGAINST X SOLICITOR. The court was resumed on Saturday and the whole day was taken up by the hearing of charges against John Rowlands (55), solicitor, of Machynlleth, coroner for the Western Division of Montgomeryshire, clerk to the MachynllethXJrban Council, and clerk: to the Governors of the County Intermedi- ate School. The indictments against him were to the effect that he received on January ist, 1906,] I the sum of ^900 on account of Humphrey Howell, and others; on March nth, 1907, the sum of ;679, to be paid to the Iniand Revenue Commissioners; and on December 14th, 1907, the sum of £ 90, also to be paid to the Inland Revenue Commissioners, and had unlawfully and fraudulently converted the monev in each case to his own use. Mr Trevor Lloyd and Mr Artemus Jones appeared on behalf of the Crown for the prosecution, and Mr Ellis Griffith, M.P., and Mr T. H. Parry for the defence. Accused, who surrendered to his bail, pleaded not guilty. The jury were three-quarters of an hour considering their verdict. They sent a mes- sage to the Judge, which his Lordship re- plied to in writing, and then they came in with a verdict of guiitv on the indictment for misappropriating ^900. On the other counts they disagreed. Mr Trevor Lloyd agreed to accept a verdict of not guilty on these two counts. His Lordship said that if he consulted his own wishes he would like to have some regard to what Mr Ellis Griffith had said, but he had to consider the public. The public were in the unfortunate position of having to entrust their affairs to solicitors in regard to innumerable transactions in life. Rowlands belonged to a body of men who had a monopoly of certain functions in the life of the community, and it was necessary, that monopoly being conferred by the law, that the law should exact a rigid adherence to the path of honesty in dealing with it. The prisoner must have known that he was rendering that poor old man liable for sums of money payable to other people, who, if Howell could not pay, were deprived of their interest in the estate, manv of these being women of elderly years and in ill-health. The result of such cases was very widespread, and the distrust created by such cases was so great that it was necessary in his judg- ment to impose a severe sentence. Unless solicitors were strong enough to defend the interests of their own clients against their own wants, their clients were entirely at their mercy. I very much regret," his Lordship said, "to have to pass upon you the sentence of three years' penal servi- tude."
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tL:=- RHYL COUNTY COURT, A LLANDDULAS TENANCY DISPUTE. SEQUEL TO A COLLISION AT RHUDDLAN: CLAIM FOR DAMAGES. DISPUTE BETWEEN RHYL PROPERTY OWNERS. The above court was held on Friday before his Honour Judge Moss MILK DEALER'S CLAIMS. A batch of summonses had been issued by Mr FJlis, a milk dealer of Rhuddlan, against re- eidersts in Rhyl, but in every case tho defendants asserted that they had paid all that was due. The Registrar said all theca.ses would have to go before the Judge as plaintiff had no books, and when the cases were again called on, plain- tiff was not present. His Honour said he would adjourn the caees Jind reserve the question of costs. ENFORCING A FINE. Reference was made to the fine of JM which his Honour had imposed on George Lever íMaurice, late of Rhyl, but now of Liscard. At the July court the defendant had been sub- poenaed to appear, but did not do so, a tele- gram being received from him. His Honour had suspended the fine to give defendant an oppor- tunity to explain. He, however, did not appear at the last court, and a letter was instructed to be sent telling defendant that he would have to put in an appearance at the October court. It wjs now stated that a telegram had been re- ceived saying that he regretted he could not at- tend. His Honour said he would dofer the matter 1:1.0 longer and the £ 5 would be enforced. A TENANCY DISPUTE. William Williams, Pwll Clive, Rhydyfoel, sued Thomas Jones, Bodlondeb, Rhydyfoel, for B7 6s, made up of J36 for rent, BI in lieu of half-a- year's notice, Is for a padlock, and 5s for five panes of glass. Defendant was given credit for f,5 143 Id for goods supplied to plaintiff, leaving a balance of JS1 11s lOd due. Mr Osborne (from Messrs Porter, Amphlett and Co.) appeared for the plaintiff, and Mr J. Pierce Lewis for the defendant. At the outset the defendant's solicitor said his case was that there was money due to the defendant, who denied that he owed so much rent. Mr and Mrs Williams were called to prove that they let defendant a lock-up shop at Rhydy- foel for JE2 per year, but there was a doubt as to when the tenancy commenced. The parties at the suggestion of the Judge agreed to take the plaintiff's figures as to the contra iocount, viz., B5 14s Id. Plaintiff gave up the claim for the padlock. The plaintiff denied that the defendant had given him more than one notice to quit, that being in 1906, which had been withdrawn, but -the defendant said he also gavo notice in April, 1907. Thia was denied by the plaintiff. Defendant said his son wrote out the two notices, and while his daughter gave the first, he delivered the second to the plaintiff's wife. This was borne out by his son, who said he accompanied his father to the door of the cot- 'tage and saw the notice given. He also said that there was not a broken pane of glass in the house when they left, and the ordinary Charge for glass of the size plaintiff said was broken was 6d per pane. Defendant had also paid 7s 6d for repairs to th3 roof. Defendant's daughter and her husband also fcave evidence. His Honour said the case had occupied an Unreasonable time, and it was with the greatest difficulty that he had been able to get at any facts. It was clear to him that plaintiff re-took possession of the shop in May, 1908, so defendant was not liable for rent after that. He tiso believed that the defendant had made a mistake and that he had confused the dates as to the serving of the notice. He found that only one notice was served, that in 1906. 'He gave judgment for plaintiff for 26 for the rent and in lieu of notice, and 2s 6d for the k'lass, but as defendant had a counterclaim 'Of J65 14s Id there would be judgment for the plaintiff for 8s 5d, each party to pay their own costs. SEQUEL TO A COLLISION AT RIIUDDLAN. CLAIM FOR A DAMAGED TRAP. Mr Herbert Wynne Evans, son of Archdeacon fivans, of St. Asaph and Llandudno, sued Messrs Heathcote, coach proprietors, of Rhyl, for JE5 18s 6d damages to his governess trap through the alleged negligence of defendants' driver. Mr Joseph Lloyd appeared for the plaintiff, ,nd Mr F. J. Gamlin for the defendants. Mr Lloyd explained that the approach to the tailway bridge at Rhuddlan was in the shape of a cr, and that there was a steep incline to the bridge from either side. The plaintiff was p iriving from Rhyl to St. Asaph on the evening 01 4th July, and as he was proceeding up the fcridge he saw across country the defendants' coach approaching at a sharp trot. Plaintiff lad in the trap his sisters and a gentleman friend. There was a high wall on top of the ridge, which would hide both the trap and the coach from the view of either driver. Plain- tiff pulled up on the left hand side of the road and came to a standstill. The coach came in Bight on, it was alleged, its wrong side, there being a 6harp curve at the spot. As the coach turned the corner the leaders were brought back to the same side as the coach, encircling the Slaintiff'g trap. Plaintiff backed his pony, and icn tarned towards Rhuddlan. As he did 10 the tailboard of his trap came in contact .with one of the loading horses, and the animal Itarted kicking, breaking one wheel, throwing the occupants of the trap to the ground, and 'doing dairage which was estimated at £ 5 18s 6d. Plaintiff said the coach was right across his horse's head. The damage to the trap was 45 18s 6d. In reply to Mr Lloyd, the plaintiff Jaid he was a bushman from the Colonies and jvas used to horses. In cross-examination, Plaintiff denied that a itnotor car had suddenly passed between the trap and the coach, and said there was no car near the place until after the accident. The pony ;ras not frightened by the car to such an ex- tent that it backed into the coach. He was iiriving himself. He did not say it was not the fault of the driver but of a motor car. In reply to Mr Lloyd, Plaintiff said the only ip&r which was on the scene before the accident Sras one which went towards Abergele. He maintained that the coach was on its wrong side, Itnd he did the best thing possible to avoid a Collision. Had he gone on his shafts would have Itruck the coach. Mr Jonathan Jones, assistant master at the Bt. Asapb County School, corroborated, and said that immediately the leading horses felt the trap touch it it gave a kick and the wheel was nmashed. Mr Wm. E. Moss, cotton broker, Liverpool, said he drove up soon after the accident in his bar, and on being told what was the matter lie examined the wheel marks, and he found that it would have been impossible for the trap to ve passed the coach on its proper side, there iiot being more than a yard between the wheel pf the coach and the fence. He told the plain- tiff that the coach had not given him room to pass, and after leaving his card drove away. Mr Gamlin said he did not suggest that it Jras Mr Moss's car which had caused the horse to shie, and then proceeded to question the mtness as to how many cars he passed that day, lint Mr Moss said he could not tell. He did not C> the accident, acd he did not thin If jt pr<>. bio that any car could have overtaken and rued kirn on the Rhuddlan-road, as his car was U horse power. Mr Gamlin, for the defence, submitted that JBie aocidemi was not caused by the defendants, flpaoh at all, but by a motor dodging in bo- Inreen the oar and the oo.irh, frightening the PMY. He also oontendfd that the coach corses rjfrere not trash, having b-on to Llanfarr, and k through Bryn-y-pyn Pass, a distance of miles. BijtG* Wynne, who said he had driven a 5°^ kr 16 years, said he waa walking the AORKK np Rhuddlan Bridge at about four to mileB an hour. He was on his right side tod when at the top of the bridge saw a motor Hodge between the trap and the coach. The pony backed, and went with the trap into one pi the ooaoh leaders, and "then she let fly" Ibmghter). A lady was driving the trap, and id soon as the accident occurred she became rery ercited and demanded his name. He 8t once told her not to get excited, and he I jrourkl do all he could for her. He asked the passengers to help him shift the trap from the middle of the road to the side, and they did so. In cross-examination bv Mr Lloyd, the Wit- tiesa said he had on the coach that day a brewery party, and they called at every publio- bouse, but he did not say that he had plenty of drink with them, as he preferred cash to drink daughter). He waa sure that he gave plenty of room for the trap to pass. William Fay, the guard of the ooach, said the pony and trap were in the middle of the road, and that caused the accident. He saw the motor after it passed, but he did not see Mr lMos9 there, nor his car. William Thomas Clayton, a passenger, said it j v* 041 "biob frightened the pony, |W he did not see Mr Moss or his car. ^Elijah Harris.another passenger, Corroborated, to tie Judge said he did not see Mr
[No title]
QUEEN MAkGANET ANt) THE ROBBER. After one of the battles in the Wars of the Roses, Queen Margaret fled with her young son into a forest, where a robber waylaid them. In response to his demands for money, the Queen gave him the little Prince by the hand saying, My friend, this is the son of your lawful King. I confide him to your care." The robber responded to the appeal and assisted the Queen and her son to rejoin their friends. This series of 108 pictures, entitled Humors of History," appearing weekly in this journal, is reproduced in colour on plata paper, cloth bound, gilt, at 2/6 nett, £ 2,000 having been spent in its production by the Morning Leader," London. Specimen Colored Plata on application. I
Y FRENHINES MARGARET A'R YSPEILYDD.
Y FRENHINES MARGARET A'R YSPEILYDD. Ar ol un o'r brwydrau yn Rhyfel y Rhosynau, dihangodd y Frenhines Margaret gyda'i mab ieuanc i goedwig, lie y daeth yspeilydd ar eu gwarthaf. Hawliodd arian ganddi, a hithau gan arwain y Tywysog bychan gerfydd ei law a atebodd, Fy nghyfaill, dyma fab eich Brenhin, Yr wyf yn ei ymddiried i'ch gofal chwi." Cynorthwyodd yr yspeilydd y Frenhines a'i mab i gyrhaedd eu cyfeillion.
— "I- !. 'J I jk'Jij.u .'…
— "I- 'J I jk'Jij.u more sense than to g'V on with the action — "I- 'J I LIVERPOOL AND NORTH WALES STEAMSHIP COMPANY. THE PAST SEASON'S BUSINESS. The report of the Liverpool and North Wales Steamship Company, Limited, which i; to be presented at the nineteenth ordinary general meeting, to be held on Tuesday, states that in the early part of the season, notwithstanding- the cold, unsettled weather experienced at Easter, the passeng-er traffic was greater than for the corresponding period in the previous year. but unfortu- nately unfavourable weather during the lat- ter part resulted in a heavy fall in passenger receipts as compared with those obtained for the same period in 1907. Owing to the high price of coal being maintained, it has not been possible to reduce the working ex- penses below the figures shown in the profit and loss account, and, taking all the cir- cumstances into consideration, the result of the year's work, although disappointing, is, perhaps, as satisfactory as could have been anticipated. The various branches of the company's service have been performed with regularity, and the steamers have been well kept up. After deducting the sum of ^"4,809 14s. for depreciation, the amount available for divi- dend and other purposes, including the bal- ance brought forward from last season, is ;C3,435 15s. 5d., out of which the directors recommend the payment of a dividend of 4 per cent. per annum free of income tax, carrying forward a balance of £ 8&j 75s. *d. During the past year Mr W. M. Rhodes retired from the directorate. It is not in- tended to fill the vacancy caused by his re- tirement. The directors retiring bv rotation are Mr T. E. Barlow and W. H. Dodd, who are eligible for re-election. The retiring auditors, Messrs Chalmers, Wade and Co., are also eligible for rc-appointment.
CHILDREN'S CHE ST TROUBLES.
CHILDREN'S CHE ST TROUBLES. A SAFE AND CERTAIN CURE IN VENO'S LIGHTNING COUGH CURE Mr Henry J. Rolls, The Grove Lodge, Mal- pas, Newport, Mon, writes:—"Our little boy suffered for years with bronchitis and a chronic cough, and I tried endless cough syrups, em- brocations, and doctor's medicines in vain. At last I tried your great remedy, and noticed an improvement after two doses only, and one large bottle effected a radical cure. It also cured him of a bad whooping cough, and I am sure that Veno's Lightning Cough Cure saved my boy's life." Veno's Lightning Cough Cure is the surest remedy for all chest and lung troubles, price 9id. Is 1 and 2a 9d, of all chemists.
[No title]
On Saturday night Professor Kuno Meyer, of the Liverpool University, delivered the first of a series of ten lectures at University College, London, on Celtic languages and Celtic literature.
ST ASAPH BOARD OF| IGUARDIANS.
ST ASAPH BOARD OF I GUARDIANS. I COST OF PAUPER MAINTENANCE. The fortnig-htly meeting of the St. Asaph Board of Guardians was held on Friday, when there were present: Messrs E. Mor- gan (chairman), J. Frimston (vice-chairman), Mrs De Ranee, Mrs Howell Gee, Mrs Mary Jones and Miss Owen Jones, the Rev. Lod- wiclc Ellis, Messrs W. S. Roberts, Sam. Perks, I. Batho, Hugh Edwards, J. R. Ellis, Ll. B. Evans, Owen Rees, John Jones (Waen), T. Salusbury, Bennett Jones, Ro- bert Davies, T. M. Jones, Wm. Jones, J. Evans, J. Morris, Morris Jones, Wm. Jones,- Robert Jones (Prestatyn), J. Ellis Jones, John Williams, Thos. Hughes, R. Griffith, with the Clerk (Mr Chas. Grimslev), and other officials. THE WORKHOUSE. The Master reported that there were 158 inmates in the house, as against 136 in the corresponding period of last year. THE MAINTENANCE OF PAUPERS. Mr Batho moved that enquiry be made into the causes of the increased average cost of maintenance per head per week of the inmates of the workhouse, including provi- sions, necessaries, and clothing for the year ended Lady Day last. The Clerk explained that during the last eleven years the cost had risen from 3s gd to 4s 3d, which was mairfliv due to greater attentiofi to the sick, and the increase in the price of provisions and coal. The average cost in 1907 in Wales per inmate was ^5 16s id, but the cost at St. Asaph was £ 4. 9s 4d. Out of 55 Unions in Wales St. Asaph was fifth from the top. Mr Bennett Jones took it that everyone was agreed that there had been no extrava- gance in the house. It appeared to be a matter for the Visiting Committee. Mr Batho said he did not think there had been any extravagance. His reason for raising the matter was that the average dur- ing the past 3b years had increased, and he could not think that the circumstances were very different. The Rev. Lodwick Ellis thought they could congratulate their officials, seeing that they were fifth out of ;5 Unions in Wales, and that they were payinf more for various commodities. The clerk had given various reasons for the increase, and he considered that the Union officials were deserving of very great credit for the economical way in which the Union had been conducted. If they passed such a resolution as proposed it would be casting reflections upon them. Mr LI. B. Evans said he failed to see that there would be any harm in going into the matter, as that would not cast any reflection on the officials of the Union. Mr J. Frimston said he did not think there had been any extravagance in looking after the provisions of the house. They could not have a better master, nor %a better matron—(hear, hear)—than they had. Every care had been taken with the clothing and food. He therefore did not think there was any necessity to appoint a committee. Mr Robert Jones (Prestatyn) contended that their expenditure was low as compared with other Unions, and the figures given by the clerk were satisfactory. He was satis- fied with these figures, and did not think any good would be served by appointing a committee. After further discussion a division was taken, when 13 voted in favour of the reso- lution and 15 against. I THE INCREASED COUNTY RATE. A letter was read from the Flintshire County Council pointing out that the in- crease in the precept for the county rate was chiefly due to the increased cost of accom- modation for the inmates. Elementary Education had also shown an increase. AN AGED COUPLE. An old man applied for his discharge from the workhouse, saying that he was over So years of age, and that his wife was ill, and he wanted to go to her. In reply to the Guardians, he said that his wife had no means of subsistence beyond what was given her by the Guardians, namely, is 6d. Several guardians explained that the old man and woman managed to get a living by hawking, and the guardians allowed them 4s a week between them.'
[No title]
It is estimaled that the cost of the Lanca- shire ootton iock-out has b"JCn at least £ 3,500,000 in the month it has leatod.
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A RHYL DIVORCE SUIT.]
A RHYL DIVORCE SUIT. Lord Guthrie, in the Scottish Court of Session on Saturday, granted a divorce to Helen Mayoh, the Grange, 23, Aquarium- street, Rhyl, from her husband, Mr P. Eadie, who resided in the Euston Hotel, London. The plaintiff said she was married to the defendant in 1884 at Chorlton-on-Medlock, Manchester. They lived for some time at Didsbury, and afterwards resided in Gou- rock, her husband travelling daily to his business in- Paisley. They were happy to- gether up to 1891, when she found a letter from a Miss Walsh, which roused her suspicions. Her husband disappeared at the same time as Miss Walsh, and she learned that they had gone to America. Her hus- band made her an allowance of ^200 a year which was reduced to £I.O, and then to ;Cioo, and she refused the last remittance. It was in consequence of having heard that her husband was in London this year that the summons was served. She would be willing to rejoin him if he Z, had left Miss Walsh when the summons was served. He refused, and declared that he would go to California.
[No title]
In less than a wook 300,000 copies of Queri Alexandra's CbriEtmas Gift Book have been aold.
Advertising
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Moss, nor his car, nor did he see him measure the ground. Mr J. Heathcote said the plaintiff called on him about the accident, and told him that it was no falut of the driver of the coach, but it was through a motor car. Plaintiff had also said he would not press the case if defendants were not insured, and that it Yas his sister who was driving. The Judge said he could not help thinking that, under all the circumstances, the plaintiff had done what a prudent man would have done when in a difficult position, and he found for the plaintiff for F,5 18s 6d with oosts. COSTLY PROPERTY LITIGATION AT RHYL. EIGHT INCHES OF LAND IN IDISPUTE. Considerable time was taken up in the hearing' of a dispute. between Mr Homer, owner of property in High-street, and the Victoria Hill, and Mr J. O. Vaughan, owner of the Baths and Olympian Gardens. Mr F. J. Gam- 1m appeared for Mr Homer, and Mr Howell Evans (Messra Gold Edwards and Co.) was for Mr Vrtighan. (The plaintiff (Mr Homer) asked for da.magea and a mandatory injunction against the dofen- dant (Mr Vn-. ghan) for wllowing an adver- tising board to .;emain on a right of way to the Victoria Hall property contrary to an agree- ment which had been entered into by the iafce Mr J. S. Greeuhalg'h, and tho lato Mr Edward Vaughan, by which neither party were to place cr leave anything on the right of way. 'Ihero was a. counter-claim by Mr Vaughan in resl-ccc of damages for the removal of the advertising board, a.nd ho also claimed an injunction for the removal of car tain things which projected or abutted on the right of wafv and against the increased user of the right ot way. Further there was an injunction claimod that the plain- tiff should not tHe the ri,it of way for pur- poses other than those for which it was origi- nally granted Mr Gamlin said that the late Mr Edward Vaughan. father of the defendant, was the owner of certain property abutting on High-st. In 1860 Mr Vaughan conveyed to the plaintiff's predecessor in title the land iihat.ing on what was known as "roadway No. 1- and by deed granted to Dr. Edwin Jones the right of way over it. The roadway was to be 10ft. 9in. from the gable. Subsequently Mr J. S. Greenhalgh bee-me possessor of that land and right of way, and it appeared that there was a dispute be- tween Mr Greenhalgh and Mr Edward Vaughan in 1897 with reference to the user of tha right of way, and IX an ag-reen.eint dated 23rd Ap:il, 1898, matters were settled. It appeared that the agreement defined tho user of tho right of road, and it was mutually agreed that neither p&rty should be at liberty to use the road, ex- cept to pass and repass, and should not ba at liberty to place or leave anything thereon. At that time there was a sigli-post fixed in the ground eight inches from the wall advertising Vaughan's Baths. That sign-post remained, and lately Mr J. O. Vaughan having takerr over the property let a portion of his land to the pierrots as the Olympian Gardens. Mr Gio-n- halgh had also died, and Mr Homer had bought the property. Mr Vaughan had a smaJI piece of land in front of the oomer of the Victoria. Hall, and Mr Homer wishing' to alter the door- way of that building approached Mr Vaughan as to acquiring that piece of land. It was mutually agreed that it should be sold for jB12, then it was decided that j32 2s should lie paid for legal expenses, but subsequently Mr Storey, of Denbigh, Mr Vaughan's mortgagee, refused to accept less than Jblo. rrhen It went up to £ 21, beirg £ 16 tJid £ 5 which had been paid for the right of certain electric light cables to pass ov-3r the land. £ 5 5s was asked for costs, and then there wa £ to be the cost of a survey. The result was that Ilcmer would not pay the increased charges, and nutters dropped through. Mr Homtr then gave Mr Vaughan seven days' notice to take d,)Nv-n the sign-board, which was on the land, contrary to the agreement plain- tiff contended, and as he did not take it down Air Homer removed it. Mr Vaugha-n replaced the board, and so the plaintiff came to the oou.rt for an injunction, contending that he was by deed entit-led to a right of way 10ft. 9in. from the gable end free of obstruction- As regards the counterclaim he submitted that that shouJd be dealt with later on. The Judge said it seemed to him that they were taking two bites at the cherry, and to his mind it was a very small cherry (laughter). Mr Gamlin said no doubt his Honour might think that these two gentlemen being neighbours should not fit over this matter, but when he had heard all the circumstances he would under- stand the position. Mr F. 0. Tailby, managing derk to Mr Gam- lin, said that Mr Homer was not well enough to be present. Witnesa was present when Mr Homor met Mr Storey, and tl'y failed to come to terms as to the purchasing of the small piece of land, and both gentlemen lost their temper (laughter). He produced the deeds and agreem(-nta in the cmia.-In cross-examina- tion -witness said that Mr Homer had threat- ened at the interview to cut the electric light I oablo whioh supplied the Gardens, but be thought it riglit to explain that one of the oonsi.(io,r,Ltions in the negotiations for the pur- chase of the land' was that the oablo should be allowed to be oonvoyed along the gable of Mr Homer's property. Mr T. H. Whitley produced a plan of the roadway, which showed that the board, which formerly advertised Mr Vaughan's Baths, but whidh was now used far advertising the Pierrots' entertainment, was eight inches from the wall on the roadway. In reply to questions ho said that a porch or verandah which overhung the roadway on the plaintiffs property by about 14 inches, and which was referred to in the oomnter-claim, had been taken down. Mr T. Wills Jones gave evidence as to photographing the board. Mr Ho Evans, for the defence, contended that the advertising board had existed for about 40 vears, and that it was on the roadway when the right of way was conveyed. Mr Green- halgh had never asked Mr Edw. Vaughan to remove the board, and the reason the agiree- menu i, i8u waf ea^od into was because ooachee had been placed on the roadway Mr Gamlin replied that if the board was to have been left there it should have been ex- pressed in the agreement. Mr Evans contendod that tlioy had an abso- lute right, as it had been there in 1864 and 1865 His Honour said that any rights the defen- dant had in 1898 were subject to the deed of that year. It was a question of the interpreta- tion of the agreement, and the defendant oouJd not ask him to readf into that agreement some- thing which it did not contain. It was olearly laid down that the parties should be at liberty to use the road, but should not be allowed to place ow leave anything on rt- If the defen- dant's father wished to leave the board there he should have said "except what has been there for 40 years." Mr Evans contended that his client had not I "placed or left" anything on the road. The whole agreement real% referred to the question of the coaches. Mr J. O. Vaughan gave evidence as to the existence of the board for many years, and said that there had existed on the plaintiff a p'o- perty a porch which overhung 14 inches, and that had been damaged by the coaches. A rail- ing was erected down the centre of the road, and the 10ft. 9in. was measured from the ad- vertising sig'n, and not from the gable end at that point. Mr E. E. Vaughan and Mr Peter Edge also gave evidence as to the advertising board baing on tho road, and the latter said it was never a nuisance. Mr Evans then proceeded with the counter- claim, and argued that the original grant of the right, of way was for a private dwelling hoiis bet that Mr Homer had used it to the Victoria Hell and to the mews at the back. Owing to there being- public performances at the Vic^on-a Hall children had congregated thore in large num- bers on Sunday nights. An electric light cable had also been laid. Mr Gainilin said it was laid at the request of the defendant for the pierrots, and Mr Homer was willing1 to move it. Mr Evans said the most important question was the increased user of the right of way. His Honour said it surely could not be con- tended that in an urban district like Rhyl that what had been done constituted increased user of a rig;,it of way. Mr Evans said he did so contend. Mr Gamlin replied that thousands had used the road for the pierrots. Mr Evans said that oould not be altered- Mr Vaughan could do what he liked with hia own land. His Honour pointed out that in the plan which was attached to the agreement the Blue Cap Mews were shown on it If the defen- dant had raised the question in 1898 there might have been some grounds for an injunction, but there could not be much sympathy now. Mr Evans said there ceuld be no difference in the law to-day and in 1898. His Honour said there was a difference when a person placidly acquiesced in what was done. Mr Evans said he contended that the law waa absolutely clear that a person could not use a right of way for other purposes than it was originally granted. Mr J. O. Vaughan was called to show the differencoe in the traffic over th right of way now and in previous years, and to the existence of window sills At 7.30, hi Honour said he could not sit anv Longer that day, and he hoped that between then and the next court tho parties would havo more sense than to g<o on with the action