The Welsh Coast Pioneer and Review for North Cambria

Conway County Court. Action by a Rhyl Newspaper Proprietor. Colwyn Bay Gas Claim. THE usual sitting of this court was held1 at the Guildhall, Conway, on Thursday, before his Honour Judge Sir Horatio Lloyd. There was a very heavy list of judgment sum- monses, these being dealt in tlhe greater part by ,the Registrar (fr R. S. Chamberlain). A Rhyl Action. ML Samuel J. Amos, of Rihyl, applied under a judgment summons to Tecover 642, being the amount of the costs awarded him, in a High Court of Justice Probate and Admiralty action in 1893, from Agnes Harrop Frances Da.wson, 9, Mostyn-cresicent, Llandudno, the defendant in the action. Mr C. J. W. Huntoo (Messrs Porter and Amphlett, solicitors, Conway) appeared for the judgment creditor, and Mr James Marks for the defendant. Mr Marks raised the legal übjectión to the case being (beard, -that am affidavit of means should have been filed in that -court. This had not been dome, and that was absolutely fatal to that summons. Mr Amos said the defendant would not allow him to serve her. She. had been jaunting about the country. The Judge: The question is whether there should' not have been an affidavit of the fact that she could not be served. 'MT Amos She is a person in good circum- stances, and well connected1. The case was adjourned until a later stage of She sitting, when Mr Hunton showed that the rule on which Mr Marks relied1 did not apply. Mr Marks con,ten,ded; that they were thrown, back on the High Court practice. This was virtually an execution, and under the High Court rules, where six years had! elapse:! since a judg- ment oni the last payment tbei party -alle,ging to be entitled to ,execution should apply for leave to proceed to execution accordingly. That was the rule of the Higlh Court, and- he contender! the same' rule should apply to a judg- ment summons. Mr Hunlton. held1 that the judigment debtor had done all that was required. His Honour said he, 'pr.eferred! not to express an opinion on the matter until be had looked into it thoroughly. He would be at Conway again that day week, if all was well, and' would give his decision: then. Mr Hunton The lady is only in apa,rtments, and she' will be off to-morrow. H-i'S Honour: I am not going to decide a case which I am not sure about, because a lady is in1 apartments. It is a ,matter of committing a person ito prison. I will give my decision this day week here. The Claim Against the Penmaenmawr Council. The -adjournied case: of Foulkes v. the Pen- maienmlawr Urban District Council and Chan- trey was arg'a'in gone into. Mr David Foulkes, farmer and butcher, of Penimaenmawr, sued, the defendant Council and! ,Mr Francis T. Cha.ntrey, the latter of whom C'ontraüted to carry out certain improvements, under the Council's orders, for the sum, of r22 12S as the cost of the loss of a 'number of sheep which the plairTtiff co-niteindled was due to neg- lect on tlhe part of the defenldants. Mr Thornton Jones appeared for the defend- ants, and Mr James Porter was for the plain- tiff. It will be recollected that1 Mr Chantrey had,, beenengag,ed by the Council to carry oiut some improvement's on a, road which Tan alongside onei portion of the, plaintiff's field. During the progress of the wQlrk a certain portion of the fencing in the plaintiff's field was removed for the purpose of ,erecting a new wall in its place. Meanwhile a wire fencing was erected in place of the old fencing. Mr Foulkes .eventually lost a number of his shee'p, and the matter cost him altogether the sum for which 'he now claimed'. He held; that the sheep had strayed from the field: owing to ,the removal of a certain portion of the, wire fencing. His Honour now read' out the evidence ad- duced at the previous hearin'g, a report of which has already appeared: in the "Pioneer." Mr Thorntoni Jonies then addressed his, Honour at some length. He contended that noi evidence whatevier had been given to prove the plaintiff's ease. It was admitted! that sheep had previously strayed from the plaintiff's field at another point to a field tenanted by Mr John Jones, and that Mr Foulkes 'had on one occasion paid impounding fees amounting to £ 2 because, the sheep had strayed to his ne'iglh.bour's pro- perty. It was impossible for the animals to have gone to Mr Jones's fieldl through the fenc- ing erected by the defendants. He cOillitendledi that in view of the g,enleral defectiveness of the fencing in general in the field there: had been -no proof that the sheep had .strayed through, the defeindanits' carelessness. Those aware of the condition of the fences in general were of the undoubted opinion that they were not such as to keep sheep in under any circumstances. His Honour: I have been there myself. I went there shortly after the last hearing, and carefully inspected' the' (ground. Mr Jones then, called his Honour's attention to the statement of the witness, Potts, who said ,the wire fence was down about May. There was Diocomplaint of the loss of the sheep dur- ing that month, nor in July ,even'. He submitted ,that the plaintiff brought up his case on sheer presumption:, and that would, of course, put him out of court, as it was altogether insuffi- cient for his Honour to gO' upon. Evidence for the defence was given by Mr Ernest Worrall, surveyor to' the Council; Mr Francis T. Chalntrey, the contractor; Mr John Jones, plaintiff's neighbour; Mr Tbos. Roberts, foreman of the works and Mr Arthur J. Thomp- son, assistanrt, tOIMr Chantrey. Mr J. Porter, in his concluding address, called at,ten,tioin, to the way in. which the case had been defended. He thought it would have been quite enough for the defendants to have denied liability, but instead of that they had tried to make out that the plaintiff's claim was a frau- dulent one. Mr Thornton Jones I have never mentioned1 a word about fraud, your Honour. Mr Porter, con-tinuitng, said they had in the course of their evidence denied that any sheep had been lost. If that were so, the plainti-f should never have brought his claim forward, otherwise it would, be a fraudulent claim. The advocate then went on to remark that the sheep had never been lost from the field previous to the time when ithe Council undertook the im- provements in question, though numbers had from time to time been kept there during the last seven years. Referrinlg' to the evidence given by ithe witness John Jones, Mr Porter pointed out that though Jones said there was a gap in the hedge dividing the plaintiff's field from, his own, he had expressly stated' that the remaining porÜons of the hedge surrounding the field were in a good: state of repair. He there- fore contended that the sheep could not have strayed by way of Jones's field. His Honour summed up 'at some length, and said it was not right to suggest that that was a bona-fide claim. He had no reason to doubt ,that plaintiff had sustained some loss by the straying of his sheep, some of which had not returned; but the question wtas whether the loss had been caused by anything done or left un- done by 'the defendants. He was bound to say that at the close of the plaintiff's cas'e he had entertained some doubt about it, but when he want to see the place and carefully examined' the fences he felt it was a matter for wonder to him how sheep could have stayed there at all. He saw at least twelve places where sheep could have got over, and he had another person with him who observed the same thing. In the face of that he, could not see that there was the slight- est ground! for believing, in view of the evidence given, that the animals had strayed through any fault of the defendants. There was reason, no doubt, for the plaintiff's inference that, as the sheep had been ke¡¡t in the field for some years previously without, loss, it was due to the work carried out that there had been some trouble. But fences did not last for ever. They might have been good at one time, but th-ey were very bad now. Again, there might be some reason to believe that the sheep required more watch- ing over at the time in question, because, they were disturbed by the workmen, and they would be thus more liable to stray. However, those were mere inferences, and could not be held to prove that the defendants had been, the cause of the plaintiff's loss. On the contrary, cir- cumstances pointed rather, that they had not. There were discrepancies as to the dates and time when the wire netting was put up-even amongst the plaintiff's witnesses. On the whole, it had not been proved that the loss sus- tained was due to alnyltJhing done by the defend- ants. On that ground' he was bound to enter judgment for the defendants. Mr Porter,: I respectfully ask your Honour not to allow costs. His Honour: I can't interfere about that. Colwyn Bay Lasses' Defence of their Mother. Mrs Parry, formerly living at Grantham, Col- wyn Bay, now residing on the Promenade, Col- wyn Bay, was sued by the Colwyn Bay and Dis- trict Gas Company for the sum 'Of £ 3 4S gd, said to be due on account of gas and coke. Mrs Parry did not appear, but she was very ably represented by her two daughters. Mr James ,-o,rter, who appeared for the plain- tiffs, explained that the accounts were run up from the 31st December, 1900, until the 31st December, 1901. Application had been made for settlement at the end o,f rac,h quarter, but the money still remained unpaid. Mr T. J. Linnaker, on behalf of the company, gave evidence in support of this. The elder Miss Parr^-then stepped up to with- in easy reach of his Honour, and explained lucidly that the .account had been made while they only held furnished apartments. Her mother paid a rent of £ jo a year for the house, and as that was a very large sum of money she thought it included the lighting. Moreover, she had a document which stated that persons let- ting a house were the responsible parties for the gas accounts, and with a pert "Here you are, your Honour, it's on the second: line," she han- ded up the document to the judge. Mr Linnaker here interceded, and pointed: out that the gas had been ordered by Mrs Parry her- self, and that he had fully explained matters to her at that time. His Honour: Surely, if Mrs Parry can pay £ 70 a year as rent for her house, she can pay a little bill for £3 odd? Elder witness: Indeed, your Honour, she can't. She is an invalid'; 'and we keep lodgers. His Honour: We can't help that, you know. She must pay. EldleT witness (hurriedly) But she can't; you see its such a very big sum of money. (Laugh- ter.) Younger witness It's a shame to make her pay for it when she does not owe it. (More laughter.) His Honour: But it must be done. I see :there is some of this money due for coke. Two witnesses (in chorus) Oh! (Laughter.) Mr Linnekar: That's right, your Honour. Younger witness (heatedly) You know that's untrue. We never had coke in our lives. Mother would not burn such rubbish. (Loud lau'ghter, in which his Honour joined). His Honour: Now,, how. can your mother pay this debt? Elder witness She can't pay it all. His Honour: But she must pay it somehow. Younger witness She can't do it, and won't do it either. (Laughter.) His Honour made an order for £ 1 per month, and the Misses Parry stepped down crying in y 11 decided tones .that their mother would not be allowed to pay the money. It was altogether shameful!

Unusual Incident in a Vale of Conway Church. A Well-used Sermon. THE worshippers frequenting one of the Conway Valley Established Churches had a somewhat unusual experience oni Sunday week. The curate., whose discourses are always listened to with 'rare .attemtion, preached, and' the sermon was evidently the. fruit of much laborious ■study and thought, being generally commented upon in highly-favourable terms. In the evening of the same day the pulpit was occupied by the rector, who, in his customary manner, gave out the1 text of the sermon,. As the rev. gentleman, proceed: to enlarge upon his text and press home the different points a sense :of familiarity .stole over the congregiatiioni, and be- fore the pre,acher had reached thre! end of his discourse it was with a few slight ex,ceptions recognised as the same sermon preached by the curate in the morning, and. as this fact became a settled conviction a smile of amusement was de- picted upon mainy faces irn the congregation. Since then rumour has been exceptionally busy, but we are a)S ignorant as the reader as to the .strange circumstances under which so un- usual an indident could have been brought about.

Conway Mountain Again the Scene of War. Penmaenmawr versus Conway. Captain Darbishire's Successful Tactics. A hazy mist floated over the Conway Mountain tops on Saturday afternoon as the Penmaen- mawr ("F") Company of the 1st V. B. Royal Welsh Fusiliers set out upon a sham enco-uliter with their brethren, the "E" company from Conway. The general idea of the scheme was as fol- lows :—A force (Red) having landed at daybre'ak at Penmaenmavvr receives orders to proceed at noon to seize the crossing of the river Conway at Conway. For this purpose the general officer commanding pushes forward, a company to blow up the railway bridge, wrecking the line. The company fail in their object, are obliged to retire towards Penmaenmawr, and are pursued by a force (Blue) holding Conway Castle. The Conway ("E") Company represented the blue force, and was commanded by Capitam Tux- ford, while the Penmaenmawr ("F") Company, under Captain Darbisfhire, took the part of the red force. Leaving Penmaenmawr at 2.30, the "F" Com- pany set o,u,t from the village,proceeded through Syohnant Pass, and deployed some distance on the Conway side. A party under Lieutenant Jenkins took up a position on the Conway Mountain, the main body being distributed on the point overlooking Tre-iddia-roadand the eminence on the sea side of the. main road. The "E" Company were apparently after the time announced—3.30—-leaving headquarters, and it was .some time before any of them were seen. Eventually, a number of the "Blues" were observed advancing over t'he Conway Mountain from the town end. They had kept under cover very well indeed, -and had succeed- ed in coming within a thousand yards of the enemy under Lieutenant Jenkins unseen. The "Reds" were, however, the first to draw blood, but they were not kept waiting very long before they got a sharp, reply. The "F" Com- pany had placed themselves well, most of the men being ensconced! behind huge boulders or breastworks of stone thrown up with good effect. Moreover, they had the advantage of higher ground overlooking a level surface of about 400 yards width between them, and their opponents. Meanwhile a detachment of the main body Was sent forward from the "F" Company along the main roadi, a coupl-eof cyclists doing duty as scouts. These men also exercised good judg- ment in the way of finding cover. Every man acted on his own initiative and performed his part very creditably. They made. considerable progress in: the direction of Conway before the alarm was raised. Fell into the Trap. A party of the "Blues" came rushing up a lanie: on the enemy's right, and immediately opened fire. Step by step the, "Reds" retired on to their main bodly. The "Blues" followed eagerly-a little too eagerly, indeed, for it was not long before they had fallen into a neat trap, and taken prisoners. A sharp fusilade had me.anwhile taken place between the -detachments on the mountain, but the "Reds" stubbornly kept their end up. The mist cleared away at intervals, and the view was tolerable, but on the whole the atmos- phere was not all that the spectator could de- sire. Soon after the capture of the little Conway detachment the bulgle sounded, .and the men fell inl near the junction of the Tre-idda and the Conway main roadls. The pressmen who had been watching opera- tions from: the top of Conway Mountain, were not quite satisfied' with the information they could secure from their point of vantage, and, with the idea, of getting into communication with trhe. m,Úrubodiies they descended to the val- ley. Their way lay through some swampy farthing-an-acre graun,d,, and! just as they were, congratulating themselves upon having made a short cut they were stopped, and: asked! in terms of scant respect—terms scarcely befitting the .speaker to return and proceed by another route. We had ,arrived at his boundary wall, he said, and no one was permitted to reach: the ■road via that route. Naturally annoyed, and especially .at the tone of the speaker's remarks, we retraced our steps and! tried to make an exit another way. Here, however, we were once more disap- pointed. A neighbouring farmer, with wild gesticulations and voice anything but musical, p ordered our keeping his hedges in holy regard. The result of it all was that, after a g'O'od' deal of unnecessary trudging and wetting of socks, we reached the point required with ruffled tem- pers and' uncomfortably damp nether extreme- ties. It is astonishing how autocratic a man becomes onicie. he is :Me to say, "This is my land1, and that is my en,ce. The two: compani,es subsequently fell in, and, headed by the "F" Company's excellent silver band, under the conductorship of Bandmaster Coverleiy, they proceeded to an open-air luncheon, provided^ by the officers wit'h their customary generosity. Colonel Sarson and the adjutant (Captain Braithwaite) acted as umpires, and they reserv- ed their decision until a later date, but it was evident that the Penmaenmawr men had secured the honours. It is understood that evolutions of this char- acter will be performed with more- frequency in future.

DEATH OF MR GEORGE PHILIP. WE regret to announce the death, on. Friday, alt Scuithport, of Mr George Philip, head, of the weill known printing and stationery enterprises, Philip and; Company, Limited, South John- street, George Philip and Son, Hope-street, and Philip-, Son, and Nephew, South Castle-street, Liverpool. Mr Philip, who had led an active business life, anid, for many years lived at Fair- field, was seventy-eight years of age. The son of the late Mr George Philip, a native of Aber- dleemshire, and the founder .of the firm, the de- ceased gentleman was -admitted a partner in. 1848, and from that date the operations of the house rapidly extended and developed into a publishing and wholesale stationery business. In 1856 the firm opened a ho.use in Fleet-street, London, for the sale of their geograhpical and educational publications, and in 1859 the exten- sive pi1:el of buildings in, South John-street, Liverpool, kntown as C'axton Buildings, were erected. Last year, the- golden jubilee of Mr T. D. Philip's connection with the firm was cele- brated.

+ If "Pioneer" advertisements did not pay, the demand on space would not have more than doubled in the last twelve months. Telegrams — PIONEER, COLWYN BAY. -PIONP,EP., CHESTER. Telephones- 56, COLWYN BAY (Publishing Offices). 182, CHESTER (Printing Works). -0- THURSDAY (for Friday) PRICE ONE PENNY. Thursday Morning's Post is the Latest Time for receiving Advertisements. The Welsh Coast Pioneer AND Review for North Cambria. ADVERTISEMENT ORDERB AND BUSINESS COMMUNICATIONS should be addressed to THE PUBLISHERS,' PIONEER' OFFICES,COLWYN BAY. All Cheques and P.O.?Orders to be made payable to W. H. EYANS & SONS LTD. 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One Insertion 2s. 6d. 2s. Od. per inch Four Consecutive Insertions 2s. Od. Is. 9d. „ Thirteen „ „ Is. 6d. Is. 3d.. Twenty-six „ „ Is. 3d, Is. Od. „ Fifty-two „ ø Is. Od. Os. 9d. „ e. Double the above Prices Charged for Double Column Advertisements. OPTION OF ALTERING MATTER.—Orders for 3 months, 1 change without extra charge; for 6 months, 2 changes; for 12 months, 4 changes. !)«- All Advts. are scaled at the rate of 10 lines for every inch, single column. Advertisements are measured from the rule above to the rule at the finish, and the space occupied charged for. SPECIAL NOTICE.— The particular attention of intending Advertisers is called to the fact that as the certified increase in the cir- culation of the WELSH COAST PIONEEU" is MORE THAU TEN TIMES LARGER than that of any other Newspaper published in North Wales, the Scale of Charges, in proportion to the circu- lation, is in reality much lower. Advertisers, therefore, are assured that, whereas the widest publicity is given to their announcements, the lowest possible rates are charged consistent with the largest and most influential circulation. TWO IMPORTANT FACTS FOR ADVERTISERS- LARGE INCREASE IN SALES! ADVERTISEMENTS MORE THAN DOUBLED SINCE 1899 Read the following Auditor's Certificate:- Telephone No. 134. [COPY] WALTER CONWAY, Chartered Accountant. Telegrams- OLD BANK BUILDINGS, CONWAY, ACCOUNTANT, CHESTER. CHESTER, March 11th, 1902 To the Proprietors of THE WELSH COAST PIONEER NEWSPAPER Colwyn Bay. Gentlemen,—I have examined the B ooks of The Welsh Coast Pioneer Newspaper for the years 1900 and 1901, and certify the increase m the numb er of copies sold during each year to be- 1900 increase over 1899 41.222 1801 „ „ 1900 51,218 Or a total increase in the two years of 92,4-4-Q == This increase, I may say, is not the result of any one or two particular editions, but is one which has been steadily maintained throughout the two years. The number of ADVERTISEMENTS have also increased, having MORE THAN DOUBLED themselves since 1899. Yours faithfully, WALTER CONWAY, Chartered Accountant. N.B.—Notwithstanding the greatly-increased sales, th Scale of Rates remain the same, and Advertisers are, I without extra charge, deriving week by week the additional benefit of an ever-increasing circulation. SUBSCRIPTION. The subscription to "TheWelsh Coast Pioneer is 6s 6d rer annum by post, nr 4s 4d per annum delivered in Colwyn Bay. Remittances should be made payable to Messrs. W. H. EVANS & SONS LTD., "Pioneer" Offices Colwyn Bay.