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BEER BOTTLES IN COURT.
BEER BOTTLES IN COURT. Peculiar Welshpool Prosecution. Serious Allegations by Rival Bottlers. Under the Merchandise Marks Act, William Carter, mineral water manufacturer and beer and stout bottler, Oswestry, prosecuted James Davies, mineral water manufacturer and beer and stout brewer, Brookside Brewery, at the Welshpool Borough Sessions, last Tuesday, on a two-barrelled charge:— 1.—Selling two bottles of stout to which a false label was attached. 2.-Applying to three bottles of stout a false trade description. The case lasted over three hours, and only three magistrates sat it out:—The Mayor (Mr T. J. Evans), Mr Maurice Jehu, and Mr William Humphreys. During the proceedings the tables and shelves under the Bench became transferred into a minia- ture public-house bar, each side producing a quantity of empty beer and stout and other bottles in support of their case, whilst the prose- cution produced three corked beer bottles, which the defence insisted on being uncorked. One bottle proved so heady that the foamy nectar overflowed on the table after a loud pop," and for a time the atmosphere of the Court-room was more alcoholic than dignified. Solicitors Prose- cution, Mr Martin Woosnam. solicitor, Newtown defence, Mr Richard E. George, solicitor, Newtown. PAID .£400 A YEAR FOR BOTTLES, Mr Woosnam said the case was that defendant put into bottles belonging to Mr Carter stout and beer which was supplied to him, he presumed by Messrs Guinness and Messrs Bass, and used their labels, with the words at the bottom, Bottled by James Davies, Brook Side Brewery, Welshpool." Guinnesses supplied beer and stout by hogsheads, and the contents weie bottled by the persons to whom the hogsheads were supplied. Guinnesses at the same time supplied labels to their cus- tomers, Guinness's Stout. Supplied by — to put on the bottles. The stuff was supposed to be put into bottles belonging to the person supplied by Guinesses, but instead of doing that defendant had applied under this Act what was a false trade description by putting the stuff into bottles be- longing to Mr Carter, and then putting on labels bearing his name. Mr Carter's bottles, as the Bench would see by the bottle he handed up, were embossed with his name. Mr Carter did not bring this aase forward in any spirit of vin- dictiveness. The bottles were somewhat expen- sive, and the way in which Mr Davies got the bottles, it was alleged, was by going around to his customers and taking them when he collected his own bottles. He should have returned those that did not belong to him to the owner, and cer- tainly not filled them as his own. Mr Carter wanted to put a stop to this practice, because he paid X400 a year for bottles, and for tbose bottles to be refilled with stuff which was not sold by him was a serious item in his trade. The facts of the present case were that three bottles of stout were purchased at the Buck Inn, and were found to be Mr Carter's bottles with Mr Davies's label on them. THE COMPLAINANT CORNERED. Complainant said that for fourteen years he bad acted as mineral water manufacturer and bottler of Guinness's, Bass's, and Worthington's beer and stout. He bought Guinness's stout in hogsheads, and bottled it in his own bottles, which were embossed with his name. Guinnesses sup- plied him with labels to put on the bottles. He bad found that Mr Davies had been using hundreds of his bottles since he had been in business during the last three years. He wrote to him some time ago warning him against the practice, but he had no reply. He. however, received a letter from the Birmingham Bottlers' Association, of which Mr Davies was a member, stating that he (Mr Carter) was using Mr Davies's bottles. He (complainant) was a member of the Liverpool Bottlers' Association. He was not using Mr Davies's bottles as the Birmingham Association alleged. The three bottles produced bore his name embossed on them, and, as the Bench would see, labels were pasted on, saying they contained Guinness's stout, bottled by Mr Davies. Cross-examined: It was the practice of every bottler to be a member of an association. Bottles which came into their possession, and did not be- long to them, were sent to the Association, whe sorted them, and returned them to the owners, whose names were embossed on them. He had never received from the Birmingham Association any of the bottles bearing Mr Davies's labels. He never used any of Mr Davies's bottles. Mr George here handed to Mr Carter a bottle, and asked him to tell the Bench what was on it. Mr Carter said the bottle was embossed with the name of Mr Davies, but his (witness's) label was pasted on. Three more bottles were handed to Mr Carter, and in each case he admitted that they were Mr Davies's bottles with his labels on. He did not know that he had bottled stout in bottles belong- ing to T. Griffiths, Welshpool. The bottle handed up to him was Griffiths's bottle with his (com- plainant's) bottle. Mr Davies bought his business with all the stock-in-trade from his (Mr Carter's) brother-in-law (Mr Vigeon). He had never bottled Bass's ale in bottles belonging to Richard Evans, Llanfyllin. The bottle prodaced had Evans's name embossed ou it and his (complainant's) label. HIS OWN CASE. Mr George: So at any rate you have made some mistake when you say you have not used anyone else's bottles ? Complainant: I have not done so to my know- ledge. Cross-examination continued: He was not aware that Mr Davies never used a cork unless it had his name branded on it.—Further cross-examined His man, James Jones, told him his bottles were being used.—Asked why the proceedings were taken by him privately instead of through his Association, complainant said it was not because his Association refused to take up the case. He never asked them to take it up. Re-examined It would be very easy for some one to get some of his labels and put on other people's bottles. James Jones said he left the employ of defendant about twelve months ago, and entered that of complainant's soon after. On September 28th he went to the Buck Inn, called in P.C. Casewell, and asked for a bottle of stout. P.C. Casewell put his name on the label of the bottle. By that they identified the bottle produced. The bottle was supplied out of a case. It was embossed with Mr Carter's name, and bore Mr J. Davies's label. At other times in the day be went to the Buck Inn with Peter Reed and Vaughan Ellis and ordered bottles of stout, and they wrote their names on the labels of the bottles taken ont of a case. The bottles were Mr Carter's and bore Mr Davies's labels. When he was in Mr Davies's employ, Mr Davies did not have all his corks branded. He had seen thousands of Mr Carter's bottles with Mr Davies's labels on. He bad seen other people's bottles used by Mr Davies. Cross-examined: It was not true that Mr Davies discharged him. He gave Mr Davies notice. Margaret Evans, formerly barmaid at the Buck Inn, said Mrs Preece, the late licensee, used to deal with Mr Davies, but not with Mr Carter. She had seveial times seen Mr Carter's bottles with Mr Davies's labels on. Mrs Preece, P C. Casewell, Peter Reid and Vaughan Ellis having given evidence, The Mayor, before the Court adjourned for lunch, suggested that complainant and defendant should compromise the case. Mr Woosnam said this applied to hundreds and hundreds of bottles, posaibly thousands, and when Mr Davies's attention was called to it he per- sisted in the practice. If Mr Davies would deliver up all Mr Carter's bottles and not use them again and pay the costs, he would advise his client to withdraw the case. Mr George said that would imply guilt on the part of his client, and auch terms could not be accepted. MR GEORGE'S ABLE DEFENCE. Mr George, addressing the Bench, said it some- times happened when an innocent man was charged that things cropped up in the course of the case which stood him in good stead. So it happened in this case. They found the corks in the bottles were not Mr Davies's corks. Also, it now trans- pired that the labels on the three bottles bought were important evidence. When Guinnesses sent out a hogshead of stout they sent out a stock of labels for putting on the bottles. The labels bore the same numbers, so that the consignment would be bottled and labelled with the same date on each bottle. As they would see, the number on the label of one of the three bottles was 100525, which, read backwards, gave the date of the bottling approximately as May 25, 1910. The number on another was 100827, August 27, 1910, and the number on the other 090917, September 17,1909. As these bottles were in the same case they should have borne the same dates. With this discrepancy, and the fact that the corks were not defendants, he thought their worships would be satisfied that defendant was not guilty of the charge. Moreover, it would be proved by the Secretary of the Birmingham Bottlers' Associa- tion that since last year defendant had returned 457 dozen bottles that did not belong to him, and had received from his association 363 dozen of his bottles collected by other people. THE BRANDED CORKS. James Davies, in bearing out his advocate's statement, said he had been bottling his com- modities himself all the summer, and it was not possible for him to have bottled the stout in the three bottles in question. He did not use any plain corks. They were all branded with his name. He had 230 gross of corks in August. He had a contract with a firm, and there was a small "F" on every cork in order that it might be detected if he used anybody else's corks. If he did he would lose 10 per cent. discount. It was impossible that the three bottles bearing sush varying dates should have come out of one case. He had searched his premises since the summons was taken out and found several of his bottles with Mr Carter's labels on. Mr Woosnam objected to this, and said Mr Davies had his remedy in that respect. Witness, proceeding, said he sent out 30,000 bottles a year. He last supplied Mrs Preece with stout on September 8th. Cross-examined: He suggested that the stout must have been put in by somebody else, and f that his label was put on. He did not know who did it. The labels were put on the bottles after they were supplied to the three men. He never supplied Mrs Preece with Carter's bottles in his life. Mrs Preece used to be sending from one publican to another for stuff after September 8th, and he suggested that Mrs Preece sent out for these bottles and afterwards put them in his case. Re-examined: He never supplied Mrs Preece with anything after September 8tb. A MISTAKE POSSIBLE. Peter Henry Pierce, foreman corker, said he had used no plain corks at Mr Davies's that year, and none of Mr Carter's bottles had passed through his hands. A number of Mr Carter's bottles bearing Mr Davies's labels of recent dates were handed to witness, who said they had not passed through his hands. It was possible for one of Mr Carter's bottles to be used in mistake. John James Owens, secretary of the Birmingham and District Mineral Water Manufacturers and Beer Bottlers' Association, proved the figures of returned bottles, and said that for members of bottling associations to take action privately in- stead of through their association was always dis- countenanced by the association. The Bench deliberated in private, and the Mayor said the case would be dismissed, and each party would pay its own costs. Mr Woosnam asked the Bench to state their ground for the decision of a superior Court; and the Mayor replied that the case was dismissed on its merits. The Justice Clerk (Mr C. Pryce Yearsley) retained possession of the three extracted corks, which, it was pointed out, were all of a different sort.
Russia and Persia. A startling incident is reported from Teheran. The Russian Legation presented a memorandum to the Persian Government demanding a full apology and other reparation for an insult said to have been offered by Bakhtiaris to the Russian Consular Agent at Kashan and to the Russian flag. In his reply, the Foreign Minister asserts that the appointment of the Agent in question-a Persian subject-was an irregularity which bad been strongly objected to, but expresses regret for any disrespect shown to the Russian flag, and promises the punishment of the offenders. The Great Russian. It was reported on Saturday that Count Tolstoy had disappeared into solitude, accompanied only by his physician. In a letter he left behind for his wife, the Count stated that he could no longer live surrounded by luxury. He asked his wife not to seek his place of sojourn, and not to come te it if she discovered it. Later on news came that Count Tolstoy, after some days' rest ia the Sbamardinski convent, intended to travel to the Caucasus and take up his abode for some time with the Dukhobors. His youngest daughter, Alexandra, has tollowed him. He now lies ill at the station of Astapovo, in the Government of Ruasan. Aberystwyth Lifeboat Rescues Fisher- men. The Aberystwyth lifeboat was launched on Tuesday morning in response to signals of distress from two fishing boats out in the bay. The occu- pants had got into difficulties owing to the wind shifting round suddenly to the north. There was a strong sea running, and both boats were in danger of being swamped. The lifeboat took off the occupants and also took the boats in tow, subsequently bringing all in safety to the shore. The rescues were watched by hundreds of specta- tors who had gathered on the pier and Marine Terrace. The Birkbeek KBank. There was an extraordinary run on the Birk- beck Bank, High Holborn, on Friday and Satur- day week, recalling the run on the same Bank in 1892. The Bank of England came to the assist- ance of the Birkbeek, but remarkable scenes were witnessed. The most amazing feature of the run is that it is due to an anonymous com- munication. On Monday the Bank received scores of letters from depositors cancelling notices of withdrawal which had been given. A reward of £ 200 will be paid by Messrs Rubenstein, Nash, and Co., of 5 and 6, Raymond Buildings, Gray's Inn, solicitors to the Birkbeek Bank, for information leading to the conviction of the per- son or persons responsible for the circulation of the type-printed circular, signed "A Friend," recently sent to customers of the Bank. Eclipse of the Moon. Happily, the conditions proved most favourable for watching the eclipse of the moon, which took j place on Wednesday night and in the early hours of Thursday ihorning, and the spectacle engrossed the interest ot thousands of observers. The moon was high overhead. There was little perceptible dimming of its lustre as the faint peoumbral shadow crept onwards, the familiar features of the moon's face being easily recognised. Four minutes before midnight the moon was entirely immersed in the shadow. Not a cloud appeared to obstruct the view. The conditions for seeing remained excellent; in fact not for some years has a total lunar eclipse been seen under such entirely advantageous circumstances. As the moon passed into the shadow the sky assumed a deeper blue, and the darkness of the night was in noteworthy contrast to its previous brilliancy When totally immersed the moon was plainly visible, shining with a dull coppery glow. It proved not to be one of those rare occurrences, a •f black eclipse."
It will pay you to pay a visit to the Music Salon, 8, Broad Street, Newtown. Mr Arthur Newton presented at the Home Office, the petition appealing for the reprieve of Crippen, there being over 15,000 signatures. The Welsh strike leaders are doing their best by every possible means of propaganda to bring about a general stoppage of work throughout the entire coalfield. British subjects throughout the Empire will rejoice at the intensely gratifying announcement that the King and Queen will visit India to hold, in person, on New Year's Day, 1912, their Majes- ties' Coronation Durbar. The position in South Wales shows very little change. There have been one or two minor dis- turbances, but no damage was done. The Terri- torials in the district have returned there rifles and ammunition in response to requests of the authorities. The death occurred at Madeley, Salop, of Mr John Randall, who on September 1st this year reached the hundredth year of his existence. The record of his career is one of constant achieve- ment. His geological standing was of the highest, and he was frequently consulted by mining men as to the probable lay of the measures, his advice always proving of value.
THE a IPOLITICAL CRISIS. i.…
THE a I POLITICAL CRISIS. i. u, Intervention of the King. The Coming: Election. The House of Commous resumed its sittings on Tuesday after the autumn recess, but no announce- ment on the Government policy consequent on the failure of the Veto Conference was made, Mr. Lloyd George stating that the Premier would make a statement on Thursday. On the plea of Mr. Balfour that he could not possibly be present on that day, the Chancellor of the Exchequer agreed to Friday. In the House of Lords the Earl of Crewe paid tribute to the late Lord Spencer, and in this the Marquis of Lansdowne joined. The marquis then asked as to the intentions of the Government, and the Earl of Crewe stated that in the absence of any statement by the Prime Minister in another place he could: make no announcement. Lord Lansdowne expressed disappointment at this, and gave notice that he would propose a motion invit- ing the Government to submit forthwith the provisions of the Parliamentary Bill for the con- sideration and decision of Parliament. J The most striking event arising out of the political crisis was the King's return to town on Wednesday, from Sandringham, and the subse- quent visit to his Majesty of the Prime Minister and the Leader of the House of Lords. His Majesty went to Buckingham Palace, where he received Lord Knollys in audience. Mr. Asquith and the Earl of Crewe arrived at the Palace. The two Ministers proceeded subsequently to Downing Street to join the Cabinet Council to impart to their colleagues the result of their visit. On Wednesday, in the House of Lords, the Marquis of Lansdowne moved his resolution inviting the Government to submit the Veto Bill without further delay for consideration and decision. The Leader of the Opposition declared that if the various proposals dealing with the Veto were to be swept away by a dissolution, it would be not only a grave public misfortune, but a very wanton affront to Parliament. Acknowledg- ing that the motion was not unreasonable, the Earl of Crewe undertook to move the first reading of the Parliament Bill at that sitting, and then, after expressing the opinion that the breakdown of the Conference conclusively showed that settle- ment by agreement was impossible, he came to the most crucial passage of his speech. The measure would be put before the House for the House to take it or leave it"; but it would be an "absolute mockery" to rediscuss all the matters discussed in the Conference. Lord Crewe made it quite clear that while willing, even anxious, to put the bill down for second reading the Government I were not prepared to accept any amendments to it." Mr Evan Griffiths, a well-known Chelsea draper, is spoken of as the prospective Liberal candidate for East Carmarthenshire in the place of Mr Lloyd Morgan, who has accepted a County Court Judgeship for West Wales. Mr Griffiths is a native of Carmarthenshire and well-known ia the district. Sir Clarendon Hyde, who was M,P. for Wednes- bury from 1906 to the last general election, has accepted an invitation from Cardiff Liberals to become their prospective candidate in the room of Mr D. A. Thomas, M.P.. who is retiring. Welcomed home by the flare of tar-barrels and bonfires, Mr John Redmond arrived at Queens- town, and hastened to announce that he and his colleagues had charmed 200,000 dollars out of American pockets. To an enthusiastic gathering at Cork he declared it to be no longer a question of whether the Irish would get self-government, but of how much they were to obtain and by what method. Mr Winston Churchill has written to Sir George Ritchie a letter which amounts to a manifesto on the political situation. He declares that which- ever way the Government turn in the field of legislation they find themselves stopped by the Veto of the House of Lords. Scotland has long wanted a Land Bill, England a check upon plural voting, Wales Disestablishment and Disendow- ment of the Church, and Ireland Home Rule, but the Veto is over all. The Government have nowhere to turn but to the nation, whose voice guides all good government; and by it alone they will be ruled. Mrs Pankhurst, speaking in Liverpool, said that the suffragists' truce was at an end, and the Government would be given until the 22nd of this month to decide whether they would receive the Conciliation Bill. In the event of the bill being killed, a large body of women would march to the doors of the House of Commons, and would refuse to go away until they were satisfied. The 'Daily Chronicle' makes a most effective reply to the wretched cant about American dollars which fills the daily papers. It gives a list of Mr Redmond's subscribers. They include the Prime Minister for the Dominion of Canada, the Secre- tary of State, the leader of the Conservative party in the Dominion Parliament, the Prime Minister of the Province of Quebec, the President of the Canadian Pacific Railway, and other men of equal eminence and position in the great Dominion of the West. Mr. G. Caradoc Rees has been selected as the Liberal candidate for the Denbigh Boroughs, the sitting member being Mr. Ormsby-Gore (Conser- vative), who was returned by a majority of eight at the last general election. --L-J Mr. Balfour, addressing a mass meeting of Con- servatives in Nottingham, said that Tariff "Re- form" still stood as the great constructive policy to which his party was committed, and every class must gain by it. Its whole object, he alleged, was to benefit the wage-earning classes, and a tax on foreign corn, he said, would enable corn to be produced cheaper in Canada. Speaking on the question of the question of the House of Lords, he argued that the Second Chamber of our Constitu- tion must ba a real and not a sham one, exercising a moderating 'influence upon legislation. The Second Chamber should not be the dominant one, and the supreme arbiter of all disputes should be the people of the country. As to a reformed Second Chamber, the hereditary principle was admittedly surrendered. The Second Chamber should be greatly diminished in number, and in it should sit persons qualified by admitted public service. There should be an element elected by the peers, and also a third element equalling these two by election or otherwise, but nor. put there by the Second Chamber itself. ..Of;: Another important sitting was held by the House of Lords on Thursday, Lord Rosebery in- troducing his further Reform Resolutions, the first of which provides that in future the House of Lords shall consist of Lords of Parliament (a) chosen by the whoie body of hereditary peers from among themselves, and by nomination by the Crown: (b) sitting by virtue of offices and qualifi- cations held by them; and (c) chosen from out- side. Lord Curzon strongly supported the resolution I and sketched the general idea of the House of Lords reformed on the lines suggested. They would have, he said, a smaller House than at present, one which, while not hereditary in its composition, would not ignore the hereditary principle; a House containing elements dirsctly representing the political opinion of the Govern- ment of the day, and a democratic element also, replenished from time to time by contact with the people. Lord Lansdowne accepted the view that a cer- tain proportion of a reformed Assembly should be elected in some way or other outside the House- though heredity and election might make bad bedfellows. L)rd Crewe intimated that be should not vote against the resolution, and the motion was agreed to.
LLANDINAM. Just received a splendid lot of Gent's Box Calf Boots, with Stout Winter Soles, Broad and Narrow Toes all one price, 10s. 6d.; try them.-R, RICK- ARDS, 30, Bridge-street, Newtown.
AH communications addressed to Fraternity," can of go BditoA will reeeire attention.
A LEATHER DRESSER AND HIS…
A LEATHER DRESSER AND HIS CREDITORS. Why a Tylwch Factory Did Not Pay Ten Per Cent. on Mortgage. For five years Henry Hampson Batten had conducted the business of leather dres- ser and fellmonger at the Factory, Tylwch, near Llanidloes. On the 20th of last month he filed his petition in bankruptcy, and when he made up his statement of affairs it was found that he had E146 to pay un- secured creditors S:687 14s, thus leaving a deficiency of £ 540 18s 4d. The cause of failure the debtor attributed in his state- ment of affairs to loss in purchase of skins cost of plant and machinery at Tylwch Factory want of capital." The Registrar (Mr William Watkins) pre- sided, and a number of creditors were present in court. The following observations were penned by the Official Receiver (Mr F. Cariss): (1) The debtor, who is 55 years of age, was formerly in business for a number of years at Rhayader as a fellmonger and leather dresser, first on his own account, and afterwards as managing director of a company to whom he sold his business. Debtor ceased his connection with that com- Danv in 1904, and in 1905 he purchased the Tylwch Factory and eight acres of land at Tvlwch, by means of money advanced upon mortgage of the property by the National Benefit Trust, Ltd. (2) Debtor had no capital at this time, and for the purpose of starting in business at Tylwch he borrowed £ 200, which is still owing. In addition to the mortgage exe- cuted to the National Benefit Trust, Ltd., debtor became a bond-holder in that society, taking up two bonds of E300 each, upon which he has paid E144 subscriptions these bonds are held by the trust as col- lateral security for the mortgage debt. WHY HE "FILED." (3) The debtor has been at considerable expense in fitting up machinery and plant at Tylwch Factory for the purpose of his business, and to this cause, together with the want of capital, he chiefly attributes his insolvency. He has for some time been unable to meet his trade accounts at ma- turity, and pressure by creditors, followed by legal process, caused him to file his petition. He has no offer to make, and has been adjudicated a bankrupt. (4) The unsecured creditors in the above statement. are as follows:—Eight creditors, hide and skin dealers for goods supplied, E216 5s Id two creditors, for cash lent, zZ327 12s one creditor, bankers, on over- draft, F.63 17s 15 creditors, for household and general accounts, £ 47 19s four credit- ors, for work done and materials supplied, £ 32 Is 9d total, S:687 14s lOd. The amount due to the bank, Y.63 17s, includes a pro- missory note for P-40, signed by the debtor and a surety, and since the bankruptcy taken up by the surety. A "DOUBTFUL" ASSET. (5) The fully secured creditors are the mortgagees of Tylwch factory and land, from which a surplus of E50 is estimated by debtor, but this should be treated as a -doubtful asset, depending as it does upon favourable realization of the property. It will be seen that beyond the P-50 estimated surplus from the security, the debtor has not brought to credit any amount in re- spect of his interest in the two bonds re- ferred to in paragraph 2, and the value of such interest has not yet been ascertained. (6) The liability on bills discounted represents the amount of customers' ac- ceptance discounted by the bankrupt, and in respect of which no liability is expected to fall upon the estate." In reply to the Official Receiver, the debtor stated that he hf d been fri- about 20 years a fellmonger and leather dresser. For about 11 years he carried on the busi- ness successfully, and then a brother of his turned it into a company. Debtor received £ 300 worth of shares in the company ,and was managing director. The company traded under the name of Batten and Co., Ltd. Later they disagreed and sold their shares, and the company was re-formed. The Official Receiver: Did you cease to be managing director ?-A grievance arose and they stopped me at once. The company was supposed to have been wound up, but I went out of it. I had £79 for my 9300 worth of shares. £50 FOR £126. When you gave up your connection with this company, had you any debts ?—Yes, I daresay drawing on for EIOO. There was £ 50 for Mrs Hughes and Evans E9. You had then private debts amounting to Eloo ?-Yes. You had nothing to do with the second O-Orxipany -Oh, yes, it was the second com- pany that I got stopped in. I was manager, but had no shares, but simply a salaried servant. When I finished up I had £50 in- stead of zCl26 for money I had laid out. When you got your £50 you severed your connection ?- Yes, but the company is still trading under the same name. That was in 1904. The debtor further added that he was owing certain debts when in 1905 he de- cided to start his new factory, a water- power mill, which at one time had been a woollen factory. To make the place suitable he had to put machinery in and make water pits. There was little machinery required for the fell-mongery it was the leather dressing machines that cost the money. He bought the premises and eight acres of land with it, for which he paid £ 350. It was rather an inaccessible place, but he thought it was worth £350. A DOUBTFUL BENEFIT. He entered into negotiations with the National Benefit Trust, Ltd., for raising the money on mortgage. He used to pay pre- miums yearly to this Association, which issued bonds repayable after a certain num- ber of years. He had two bonds of P.300 each in this Society, and that was how he came in touch with them. After five years payment of premium he was entitled to a loan. The Company had a double security 'they had the two bonds and the mortgage of deeds of the property, on which they ad- vanced the money. He thought he had paid £ 146 on those two bonds, but he was in arrears to the extent of F-12 in his instal- ments. He had not noticed that the bonds could be forfeited through not paying the instalments regularly. Although he had put in C146 he could not raise money on this, and was entirely in the hands of the Com- pany, and they could be forfeited if he was in arrears. The Official Receiver Did you not con- sider that that was a disadvantageous ar- rangement for a man in your position to make ?-I should think it rather hard for them to swallow the whole thing up. What benefit was the connection to you, U man who had no capital ?—Well, when •>nce you started in a thing of that kind it is hard to get out of it. THE RESULT OF BORROWING. Suppose you had gone to a respectable ^rm and borrowed the money, you would have been under no further obligation than to pay the interest ?—That is so. How much did you pay ?—I3s a month 0li each bond. If you became in arrears for one month, bey had power to cancel those bonds ?—I believe they allow you a longer limit than that. You had no capital at all ?-No. You borrowed £ 200 from Mr Horsfall ?— Yes. You had P-300 from this trust, and you started putting in the machinery and plant. What did that costF-About £ 150. Is any of that owing now ?—About £ 9. Isn't that really a main reason for your insolvency, spending money in fixing plant, paying interest on borrowed money and subscriptions on bonds; which are irre- deemable ?—Yes, that might be one cause, but there are other causes as well. Why did you continue the payments in the bonds ?—Because you could not have the other loans unless you are a holder of the bonds. If your number happens to be drawn, then you can borrow from the trust free of interest. So if you draw a lucky number you can NOT A LUCKY ONE. have a loan free of interest ?—Yes. But you have not been one of the lucky ones ?-No. What interest did you pay on the loan ? —Five per cent. Have you any accounts showing what your purchases and profits have been ? No, I gave the list to you that came off my bank pass book. Here you buy a number of skins in the year you deal in them either by selling or dressing the pelts cannot you tell whether those transactions have resulted in a loss or gain ? Can you point to any ac- counts ?-Perhaps I could if I went into it. Have you carried on at a profit or not ?- I reckon I have made about 30s a week, but that has been taken up, and really I have been trading at a loss. Why have you gone on so long ?-Be- cause I was expecting it to become better all the time. But you did keep on, and I daresay you would not have filed your petition if it had not been for these writs ?—Yes, that £ 63 from the bank did it. Why have you gone on all this time if you have been trading at a loss ?-I have been expecting things to come better all the time. But you did not take any steps to find out how you were going on ?—Oh, yes, I was taking account of a lot of skins and what I was losing. THE FULL STOP. Why did you incur debts recently after you had been stopped buying from certain firms ?—Because I should have gone to the market again, only the bank stopped me. Debtor added that on September 8tli he paid into the bank Z64 19s lid. When he paid in this sum they closed his account and shut up all at once. Why have you continued till the very last moment to incur debts to these gentlemen who are your creditors now ?—Well, what would you do if you fancied you could get things to come better if you went on ? But there is a deficiency of your own showing of t540 this could have only been gaining time, temporizing. What was the good of purchasing goods in the posi- tion you were in ? If the bank had al- lowed you to continue another six years, you would have been just as badly off ?— No if I had been left to go on, I should have pulled straight, I think, in time. When the bank pulled you up, what did you do then ?—Nothing. Debtor, in answer to further questions, said that from the time the bank stopped him until the petition had been filed he had done nothing. TWO PONIES AND A PIANO. To file your petition you had to sell something ?—Yes, I sold two ponies to Mr Horsfall for £ 10. Was Mr Horsfall down on the day you filed your petition ?—Yes. Mr Horsfall advised him that it was the best way to wind up his affairs. He had come down to see him at Llanidloes. What became of the £10 ?-I gave it to Mr Davies (the Llanidloes County Court registrar). What else did you sell ?-A piano. Fur- ther questioned ,debtor said that he had sold it the day after he filed his petition to Mr O'Neill, of Llanidloes. He received 4:9 in cash for it. Was this the day you filed your petition ? -I cannot say whether it was the day or the day before When did you have the £ 9 from Mr O'Neill ?-It was towards the week-end he gave me the money after the thing was taken in. Your petition was filed on the 20th. On the same day you sent a draft to Mr Hors- fall for E5. and he would receive that on the following morning, when your petition was cn the file ?—After ? Yes, very well. What was that £ 5 ?—Money that was com- ing to me under an agreement. "A VERY KIND FRIEND." Mr Horsfall had lent you E200 to start with, and £ 150 in 1907, and then he took a life policy of yours. You had agreed to pay him interest on this money. Now why aid you let him have this £ 5 ?—Because I promised to let him have some interest on some low wools. Mr Horfall ought to have had some part of the proceeds that went into the bank ?— Yes, and it ought not to have gone into the bank. So to put this right you sold him the Ponies, and let him have the £5 ?—Yes. Mr Horsfall has really been a very kind friend to you ?—Yes. You have given no consideration to him beyond this life policy ? It has been merely an act of kindness on his part to you through his having known you for a number of years ?—Yes, for many years. You had, I believe, some time during these five years a partner trading with you, a Mr Rogers. How long was he with you ?-For twelve months up to February, 1909. Who was be ? That I cannot tell you very well. Was he a practical man ?-He adver- tised himself as such, but he turned out a bit of a mystery. He came from Birming- ham. PARTED PARTNERS. But he put P,100 into the business ?—Yes, but he simply came to make a market of it, and after he had been there a bit he was advertising that he would sell his share for £200. Debtor added that he had had a dispute with Rogers, and the dis- pute had been referred to arbitration. Mr Martin Woosnam had been his solicitor, and Mr Cooke the arbitrator. The result had been that he had had to pay £ 63 al- together. Did you change the name of your firm while he was trading with you ?—No, but the invoices were headed Batten and Rogers." Was the partnership or the dissolution gazetted ?-No. There are no debts existing now incurred in Batten and Rogers' time ?—Not that I know of. You lodged a cash account showing as nearly as you could the turnover in this business. It apparently shows that your receipts for wool pelts and so forth have amounted to S:2,102, and your payments are for a similar sum so apparently you have accounted for all the money you have received;?—Yes. On a turnover of £ 2,000 a year, should there not be a profit shown in your trade ? —They won't get it in these days. Perhaps not as you have been carrying on business ?—No, but I know of others though. What men have you employed in the place ?—Sometimes two and sometimes three. FATE OF THE FURNITURE. Now with regard to the furniture. I see Mrs Patten claims a number of articles, in fact the bulk of the articles at your resi- dence, and she has lodged a declaration stating what she claims and why. Have you seen it P—Yes. When were you married ?—Thirty-four years ago, I think. But I may tell you that I am a poor hand at dates before you start on that job (laughter). I know that already. The date of your marriage would be about 1876 ?—I could not tell you exactly. I see the bulk of these articles, in fact everything of any value, are the property your wife had in 1876, and were given to her then by her mother, her brother, and by a Mr Smith. Is that so ?—Yes. Were not you aware that at that date, whatever chattels your wife possessed passed to the husband as his property ? Perhaps you were not aware of that ?—No. I am.afraid that a great number of those articles would not in law be your property ? -If they give them to her, then they pass on to me. Yes, they belong to you then. What are you doing now ?-I haven't been doing any- thing till yesterday, when I was doing some work for Mr T. P. Hamer. "IN THE GRIPS." Do you consider there is anything to be done in the leather working ?—Yes, you can do something now, but for over two years you could hardly give the pelts away. It is coming better now. You have been in an insolvent position for a number of years, and you started Tylwch factory insolvent, and you have made matters worse by continuing. Now have you made a true statement of your affairs ?—As near as I possibly could. Mr Horsfall: They were asking you about the profits, is it a fact that you have been buying futures ?-Yes. Mr Horsfall: Then may I take it that you have been in the grips of the skin dealers simply because you have owed them money ? I have complained time after time when the skins have come. The Registrar: From Mr Horsfall's ques- tion, I understand that many of the goods delivered to you have not been up to sam- ple when delivered ? Mr Horefall: I am not referring neces- sarily to the gentlemen in this room. The Registrar: Then I take it Mr Hors- f all's second point is that owing to your being in a certain financial condition you have not been able to make the com- plaints ? Oh, I have made plenty of com- plaints and sent the skins back. DIDN'T BOTHER WITH BOOK- KEEPING. Mr Davies (of the Swansea Butchers' Company) • When Mr Rogers joined you, did you Prepare a balance sheet of your affairs showing how you stood then ?—No, I didn't. I didn't bother in that kind of book-keeping. Did you ever prepare a balance sheet ?— No Mr Rogers tried, but he made a regu- lar muddle of it. As long as you had plenty of skins in you didn't mind ?—As long as I had skins in and paid my way. But you haven't paid your way ?—Oh, if I had bought the skins from the market I should. Do you know that you were paying E15 12s on the investment and £17 10s interest, and thus you were paying 10 per cent. on a loan of E350 ?-No. Then you believed that this money would be returned to you at the end of thirty years ?—Of course I believed it. When did you join the society first About eight or nine years ago. How did you come to join ?—Well, how do you join an insurance company ? A gentleman came round and persuaded me to join, and gave me to understand that if the lot fell to me I would get the loan free of interest. Did you think it was going to fall to you ?- Well, some appears to get them. A CREDITOR SAYS H NO." On the 8th September your solicitor wrote to us to say that your debts were about £250. Was that correct ?-I could not say. Mr Woosnam: I was not the solicitor. Mr Davies: Oh, no, you were not the solicitor there it was Messrs J. and A. Davies, of Llanidloes. Did you tell them that you owed only about E250 ?—I have nothing to do with what they put down. What I meant that for was the skin mar- kets. You didn't put your private debts into that, then ?-No, they only asked for skin markets. In the whole of your letters to my com- pany you have constantly stated that you had seven or eight times more than enough ■ to pay all you owed ?—I never put seven or eight times I may have said two or three times. That, of course, is as far as skin markets are concerned. Then, of course, if Mr Horsfall is willing to stand by- Mr Horsfall: May I say, on behalf of myself, Mr Davies, "No." Mr Davies: You may, sir. He gave us to understand that he would follow the usual custom in our markets, pay for one week's goods and take another week's. He has been insolvent the whole time. Mr Woosnam: With regard to this so- ciety, supposing you had intimated to the society that you wished to cease to be a member, would you have got any of your contributions back ?-I did write to them to ask if they would sell the one bond. POINTS TO BE CLEARED. But would you have been entitled to the return of any of your contributions ?-No. So practically this society is a lottery ?- Yes. The Official Receiver: The contributor is entirely in their hands. Mr Woosnam: With regard to this arbi- tration, have you paid anything under that award ?--Yes, I paid £63 under the award to clear Rogers' account. Where did you get the money to pay that ?—From the bank as an overdraft. Well, you haven't been kind enough to pay me for my work ?-No, Mr Woosnam. Have you any offer to make to the cred- itors ?—No, I have no offer. Can you get anyone to help you ?-No, I am afraid I can't. The Official Receiver: There is a feeling, sir, that the examination should not be closed in this case. The wife's claim has not been disposed of yet. It may be neces- sary to ask further questions. Mr Davies: I should think it would be advisable to have. it adjourned sine die. It has been very unsatisfactory altogether. Mr Horsfall: We may get a few pence in the £ now the longer it is delayed the worse it will be, and the less we shall get. The Registrar: There is the point of the furniture to be cleared up. The Official Receiver (to Mr Horsfall): There will be no expense*so far as you are concerned about the adjournment. The Registrar: There are certain points still to be cleared up. especially with re- gard to the furniture. Therefore, the ex- amination will be adjourned till the 14th of December.
FRIENDLY SOCIETY NOTES.
FRIENDLY SOCIETY NOTES. BY FRATERNITY. The recent interview which the directors of the Manchester Unity had with the Chancellor of the Exchequer is the first public action on the subject of the Government pro- posals for sickness and invalidity insurance. For a period of more than two years unofficial conferences have been taking place between the Chancellor and the members of the Cc,Tnrr,^t £ 2 of the Friendly Societies Conferences; but these have been confidential in character, and I have reason to know-of course, unofficially-that the proposals have changed from time to time, and that it would be exceedingly difficult for mem- bers of the committee to know exactly which of the proposals discussed was likely to find its way into the Government scheme. Of course, when a Minister of the Crown is confidentially discussing proposals which have to be submitted later to a Cabinet of which he is a member it is impossible definitely to arrange the details of any scheme. The broad lines of the scheme may be determined, the details must be subject to revision by the Cabinet. Will the friendly societies continue to knock at the closed door for an amended Friendly Socie- ties Act? A year ago it was determined to ask for the existing Act to be amended so that the Chief Registrar would have the power to refuse registration to any society unless its tables of contributions and benefits were certified by an actuary approved by the Treasury to certify tables, and that the certificate of registration should be withdrawn from societies who neglected to carry out the recommendations of their own actuary on valuation. The adoption, of these reforms would not secure absolute sol- vency that must depend upon the personal equation of the membership, the prudent invest- ment of the funds, the honest, administration of the society. But it would at least secure that the .y foundation on which the structure was to be reared was sound. At present many societies exist, and take contributions from the public, whose position is so unsound that there is no possibility of their continuing to pay the benefits throughout the lives of the members. Mr. Hobhcuse, secretary to the Treasury, has eaid quite frankly that there is not likely to be any immediate legislation. This is hardly sur- prising, for only four years ago the law under "hieh friendly societies work was completely re- vised, and with the many claims on the time of Parliament it seems a little premature to ask for further legislation. The circumstances, how- ever. are exceptional. The proposals of amend- ment are of first-rate importance; they are en- tirely in the interests of the public; framed for the protection of those who do not appreciate the value of adequate reserves being accumu- lated to secure future benefits. It has been a. matter of seme difficulty to "educate the societies themselves to this position. The Manchester Unity and the Rechabites have been advocates for this alteration of the law for years, but it was only twelve months ago they succeeded in peisuadi'ng the other societies that it was their duty to themselves and the public to see that the original basis is sound. Now that the societies have agreed as to the necessity for 'the reform some are eager to keep knocking at the Treasury, door until such time as the law is amended. The celebrations of the Centenary of the Manchester Unity continue to attract a good deal of public interest throughout the country. The sermon which Bishop Hicks delivered at. Lincoln Cathedral is one of the most impressive of the many fine pulpit utterances which the event has called forth. A week later Canon Masterman delivered a fine sermon, at St. Michael's, at Coventry. A remarkable feature of both these services was that they were held on a Saturday afternoon, and drew large congre- gations of men. It is surely a healthsign of the times when so many men are wining to attend a thanksgiving service in connection with a social institution on a Saturday afternoon. I must admit that I was somewhat doubtful of these Centenary services on a Saturday after- noon being able to compete successfully with the potent attractions of football: but, to my knowledge, the confidence of the promoters has been justified in Lincoln, in Coventry, and ia many other places. The Centenary celebrations have brought forth several remarkable tributes to the work of Oddfellowship from honorary members who have had opportunities of watching the work, and seeing its good effect. At W ithington, in Herefordshire, Mr. J. W. Smith, of Thinghill Court, has given a Centenary gift of J3100 to the funds of the local lodge. The letter accom- panying the gift contains a remarkable tribute to the work of the society, evidently from one who has had personal opportunity of testing its value. Twenty-two years ago," the writer said, we started under some difficulties, for it was thought by some we were attempting too much; but little by little success has attended the effort, and we now feel firmly established. I think I have known most of the members during the whole of its career, and am well acquainted with the lives of many; I have seen much dis- tress relieved without the recipients having to sacrifice any of their self-respect. I have seen members struck down with disease soon after joining, and becoming a permanent charge upon its funds; and I have seen others cheerfully, and with much self-denial, contributing to their maintenance without having to trouble the society in anything themselves. I am confident we are doing good. When a man joins our Order it gives him a stake in the country; it makes him more self-reliant, encourages him to thrift, and tends to make him a better neigh- bour and a better citizen." It is so fine a tribute to the work of the permanent friendly societies that I could not refrain from quoting it. The good work which Brother Thomas Barnes, Giand Master of the Manchester Unity, is doing for the great society of which he is chieftain re- ceived fitting recognition from his own people at. Plymouth on Wednesday. In the afternoon West Countrvmen assembled at a 'uncheon at the Roval Hotel, when congratulations were showered upon the Grand Master by representa- tive Oddfellows from various parts of the coun- ti Y. Grand Master Barnes made an able and thoughtful speech on qi estiens affecting the pre- sent and future of the friendly society move- iiient. In the evening the Mayor of Plymouth (Mr. Yeo) entertained sonic 1.500 Oddfellows and friends at a civic reception m the Guildhall. An accident on the golf links prevented the Mayor from personally attending the reception, but the Mayoress received the guests, and the Deputy- Mayor (Alderman Winnicott) presided, and made a presentation from Plymouth Oddfellows of a. gold watch to Grandmaster Barnes and an amethyst and pearl pendant to Mrs. Barnes. This linking of husband and wife is a happy recognition of the part which a woman plays in the successful career of her husband. Talking of the part which worn en play in these matters, t.he editor of the Free Journal, in his November issue, gives the io ow- ing extract from a letter which he has received: Then, again, manv a man would do more o help his fellow-beings if his wife would only support him in his good works. He may belong to some friendly society, and be doing good, honest work, necessitating his attendance once or twice a week; but after a wmle (tne dear wife may not complain for some time), when he intimates his intentions to her, the usua1 retort is Oh. botheration! Why can t you stay at home?' But when the woman wishes to go shopping or to the theatre, and the husbBiia raises any objection, he is told to mnxl hi? own business.' All I can say is that the quotation is a gross libel on the majority of wives. If a. woman feels her husband is engaged m a good work, even if it takes him away for hours in the evening every week, she is in most instances ready to encourage him, and to be a helper rather than a hindrance. I believe in 95 per cent, ot our English homes-and it might be placed even higher—that the influence of the wife on her husband is wholly for good. The United Ancient Order of Druids is prov- ing most active in extension work. I have pre- viously referred to the effort which is being made' to bring the strength of the juvenile branches up to 25,000 members; and. even if the full number set out for is not obtained. the Order must benefit. The whole strength of the Order, however, is not being expended on the juvenile recruiting movement, for within a period of twelve months new adult lodges have been opened by the Monmouthshire and South Wales, Hull, South and West Metropolitan, and West Somerset, districts. It is clearly a well-dis- tributed extension movement. The Sons of Temperance Society has the dis- tinction this year of providing the Vice-President of the National Conference of Friendly Societies. I believe the choice will be fully justified, and 1 sincerely hope that on this occasion the holder of the position may succeed to the Presidential chair. On the previous occasion, when a member of the Sons of Temperance Society filled the position, he unhappily died before taking the Presidential chair at the annual conference. 1 refer to the late Mr. William Wightman, whose death was a loss not only to his own society but to the entire thrift movement.