The Welsh Coast Pioneer and Review for North Cambria

Action by a Colwyn Bay Billposting Co. Alleged Breach of Contract by a "Paste Boy." AT the second day of the CarnarvoTishire Sum- mer Assizes on Thursday last, before Mr Justice Jelf, a Colwyn Bay case occupied the whole of his lordship's time. The Welsh 'Northern Counties Billposting and Advertising Company, Limited, of Colwyn Bay, sought to recover damages for breach of contract from John Elias, hairdresser, and formerly bill- poster in the employ of the company, residing at Pwllheli. Mr Ellis Jones Griffith, M.P., instructed by Mr A. Owen, Pwllheli, appeared for the plain- tiffs, and Mr F. Marshall, K.C., with Mr E. O. Roberts, instructed by Mr Ivor Parry, Pwllheli, for the defendant. Mr E. Jones Griffith objected at the outset to the presence of a juror ignorant of the English language. The person referred to being dismissed, an- other gentleman of the jury was referred to as being in a similar position. A brother juror in- formed! his lordship that the gentleman in ques- tion was a Mr David Griffiths, of tne Nebo Post Office. (Laughter.) His Lordship (to Griffiths) How long have you been in the Post Office, sir? (Laughter.) A Juror I am told his son keeps the Post Office. His Lordship Oh, that does make a differ- ence, decidedly. (Laughter.) Mr Griffiths was dismissed, his lordship remarking that he was fortunate. Mr E. J. Griffith then proceeded to state the case for the plaintiffs. The action, he said, was brought to recover damages for a breach of contract under circumstances which he would describe briefly. The plaintiffs carried on business as billposters at Pwllheli and the immediate neighbourhood, as well as at other places. In February, 1901, the defendant sold the billposting business, which had hitherto been his own, to the company for 6150-475 in cash and the retaining of 75 ,f I shares in the company. At that time an agreement was en- tered into between the plaintiffs and the defend- ant to the effect that Elias was not at any time either sirigly or jointly with another party, di- rectly nor indirectly, to be concerned' in another billposting business within 20 miles of Pwllheli. Defendant remained in the company's em- ploy for some time afterwards. An agreement was also entered into in which Elias agreed, to continue in the company's employ for six months. In July, igor, defendant gave a month's notice,that he was relinquishing the job to Mr Morris, who represented the company in the district. Mr Morris then went to see Elias, and pointed out to him that it was inconvenient that he should leave at that time of the year, as it was the busy season. Then Elias withdrew his notice, and arranged to remain with the company until a suitable man was obtained to take his place. Things went on in that way until November 28th of the same year, when the company's representative arranged definitely with Elias that he remained with the company until January 21st, 1902. The plaintiffs' case was that in several instances Elias helped to co-operate with his brother (Morris Elias) to establish a billposting business in that district; that he went with his brother to various places where the plaintiffs were in the habit of posting up bills, etc. and actively assisted him, in such a way as to practically ruin the plaintiffs' busi. ness in that district in order to get the business for his brother. He would' call evidence giving five or six instances where that fact was cited. By reason of the defendant's conduct the com- pany's business had decreased from £20 to £8 8s during the months from February to May, 1901, as compared with the corresponding period of 1902. The defendant now said they had since wrongly dismissed him' and claimed damages from them. He (counsel) submitted that defendant promised not to carry on busi- ness directly or indirectly, and he had thus broken the contract entered into between them. Moreover, the plaintiffs asked for an injunction preventing the defendant to go on in the same way; and he contended that they were entitled to heavy damages. The Managing Director's Evidence. Mr Morris, managing director of the plaintiff company, said he had entered into the agree- ment referred to, and .up to July 1st, 1901, it was dealt with without dispute. Witness then received a month's notice terminating the en- gagement between him and the company. Even- tually, however, he got the defendant to enter into an agreement to remain in the company's employ until January 21st, 1902. Defendant had been complaining that he could not find time for billposting as well as attending to his duties as hairdresser, but despite this he had entered into this new agreement, after observing, in a letter some days previously that he "only wish- ed things to go right in future when he gave up the posting himself." Previous to the arrang- ing of the agreement, however, Elias had on more than one occasion asked whether witness had secured a man in his place, as he was es- pecially desirous of having finished with the posting business before the winter time. On the 28th November, while in a conversation with the defendant, Elias Complained of the rate of pa.y received by him. Defendant was then re- ceiving one half of the gross profits, and this, he said, was insufficient. He also asked that an increased price be charged upon the customers. Witness did not deem that politic, and eventu- ally it was suggested that Elias be paid 4s out of every 6s gross rather than increase the price upon the customers. This offer was, however, refused by Elias, who said he would give it up altogether. Mr Morris (witness) then said "Very well, Johnny; if you want to 'give it up, let's have an understanding," and Mrs Elias, who was present at the time, said: "Yes, to- night." Witness did 'not agree to so short a time. He pointed out to Elias that it would' be the end of the financial year with the company y on the 31st January, and asked if he would agree to keep things going until then. To this defend- ant assented. Witness remarked that he would have to get a new man to work the Portmadoc and Pwllheli district. Elias agreed that that would be the proper step. Witness then asked him whether he thoroughly understood that he was to remain only until January, and he said, "Yes." Witness eventually employed one John Davies to do the work in the district already mentioned. Davies began his duties on the 8th or the 9th January of this year. On the 3rd of February witness saw Elias at Colwyn Bay, but before this he had received a letter from the de- i fendant complaining of having to go through the wet to Aberda'ron for 2s 6d. Defendant also said it would' be "God help the company" when they lost his services in that district. On the 3rd February, 1902, defendant came to Colwyn Bay, but nothing was said about the termination of the contract, but he did ask witness whether he would give the Portmadoc job to his brother, Morris, who had just returned from South Africa. Witness pointed out that he knew very well that a man had already been appointed to the job on a twelve months' arrangement, and added that if he had previously mentioned his brother's name he would perhaps have given him the position. He also reminded defendant that on a previous occasion he had' said his brother was too proud to accept a billposting job. On the 5th February, 1902, he again saw the defendant at Pwllheli, on which occasion he gave him a cheque for £7 5s id for his work during the month. Witness then said: "I hope we part friends." Upon this defendant seemed very much surprised, and wished to know what witness was talking about. Witness observed: "Dear me, don't you remember?" He said he remembered the conversation, but he thought the talk about his leaving had "blown over." Eventually defendant said he would not leave because he should have six months' notice. Witness then went on to cite a number of in- stances on a certain day in' February when they found hoardin'gs previously used by the com- pany, engaged by Morris Elias, and also remark- ed to letters addressed to "Elias, billposter, Pwllheli," had been delivered to Morris Elias. Six more witnesses' were called to support counsel's opening statement. Mr Marshall then addressing his lordship and the jury for the defence, submitted practically a total denial of all evidence adduced by plaintiff's" side. John Elias, his wife (Kate), and .Morris Elias (defendant's brother) were called for the defence. His Lordship summed up at considerable length, his address occupying nearly an hour's time. The jury found that defendant had broken the covenant entered into with the company, and awarded £2.0 damages, and that defendant had been wrongly dismissed, C5 with costs being awarded him. The application for an injunction was Igranted. —1

Abergele Petty Sessions. SATURDAY Before Mr J. Herbert Roberts, M.P., Dr Wolstenholme, Messrs J. Duncan Miller, J. D. Jones, and Thomas Evans. The Declaration of Peace. CONGRATULATIONS BY THE CHAIRMAN Before the business of the court was proceeded with, the Chairman said that, as that was the first occasion the court had met since peace was declared, he thought it was a fitting opportunity for them to express their opinion as a bench—an opinion which he felt would be shared by all present-that they viewed the conclusion of hostilities with feelings of profound satisfaction, and hailed with pleasure the declaration of peace. They further expressed their earnest hope that the settlement would be a permanent one, satis- factory to both parties concerned, and that a better and a brighter day was iu store for His Majesty's Dominions in Soath Africa. School Attendance Cases. The following parents were fined for not send- ing their children to school regularly, Mr Ben Cybi Williams, school attendance officer, prose- cuting Louisa Williams, Gadlas, LJanddulas (costs remitted); Henry Roberts, Y Fron, Aber- gele, 5s and costs; Lewis Davies, 1, Mount Pleasant, Abergele, 2s 6d and costs; Robert Jones, 17, Peel-street, Abergele, 4s and costs. Cruelty to a Horse. Peter Evans, Brynher, Llauddulas, was sum- moned for cruelty to a horse on the 29th of April. Inspector Rowlands, R.S.P.C.A, who prosecuted stated that the animal was lame in the off-foreleg, and suffering from disease. Defendant pleaded guilty. When the Inspector stopped him he said, I thought you would stop it when you saw it, and I thought I would work it until you did stop me." (Laughter.) In answer to the bench defendant said the horse had been in a like condition for nearly five years. A fine of 2s 6d and costs was imposed. The Foryd Hotel. Mr Trubahaw, of Messrs BoydeJl and Taylor, solicitors, Chester, informed the Bench that tha alterations sanctioned by them at the Voryd Hotel, had been completed. The Clerk said the Bench had nothing to do with the matter then. It must come before the Brewster Sessions. Mr Trubshaw disagreed with the clerk, and said it was not a confirmation of a new license. They could not deal with such business only at a licensing sessions, but as a matter of fact there was no occasion for him to appear at all. His appearance was only out of courtesy to the beuch, and to inform them that the plans, as sanctioned, had beeu carried out. The Chairman We cannot do anything in the matter to-day. Mr Trubshaw: Very good, sir, I make no application. The incident then concluded. Inebriates. Jno Williams, Peel-street, Abergele, William Jones, Gwernoilia, Abergele, and William Evans, Tainewydd, St George, labourer, were each fined 2s 6d and costs for being drunk and disorderly. "Indian Mutiny" Veteran in Trouble. A respectable-looking old man named Michael McCormick, of Pintir, Bettws-yn-Rhos, who holds a pedlar's certificate, was summoned for being drunk in charge of a horse and cart. P. C. Rowlands said the defendant fell to the ground, and had he not been assisted therefrom, probably a serious accident would have happened. Defendant expressed regret and said he was a Crimean and Indian Mutiny" man. He hoped the Bench would be lenient with him, as he had never been in such trouble before. The Bench imposed a small fine of 2s 6d and costs, S3 6d in all.

If "Pioneer" advertisements did not pay, the ckmand on space would not have more ,than doubled in the last twelve months. The members of the Mold Local Governing Body met on Monday evening to appoint a clerk in the place of the late; Mr G. H. Simon. There were three applicants, all of whom are solicitors. At the last moment Mr Hugh Goodman Roberts withdrew, leaving the appointment between Mr T. M. Keene and Mr W. Howard Evans. The latter, who is a brother to Mr J. Rhys Evans, headmaster of Portmadoc County School, was appointed by a large majority. Nursing Institution, Abbey Road, Liandudno.- NURSES: Medical, Surgical, Maternity, or Men. tal promptly sent to cases. Massage and Elec. trical treatment. Patients received. Tel. 160.

Monument to a Welsh Divine Unveiling Ceremony at Bangor. THERE was a large attendance of friends of the late Rev Dr E. Herber Evans, the well-known Welsh preacher, on Friday last, at the graveside at Glanadda Cemetery, Bangor, to witness the unveiling ceremony of a monument placed there to his memory. Funds were contributed towards the object by various churches, but the money received was not quite adequate to provide for a monument, and as had been originally proposed, for a scholarship tenable at the Bala-Bangor College. The unveiling proceedings, over which Dr Roberts presided, opened with reading a portion of Scripture, by Professor Davies (Bangor), a prayer by the Rev D. Lees (Capel Mawr), and the singing of one of the late Dr Herber Evans' hymns. The Chairman, after referring to Dr Herber Evans as one of the most eminent preachers ever given to Wales, spoke of the fact that the uplift- ing of Wales was due to the work done by Non- conformists. It was not true of Wales, as was said of other nations, that its subjugation checked its progress; on the contrary, it had gone on advancing since its conquest. He would not say that this work might not have been done by the Established Church, but as a matter of fact its carrying out was left to the Nonconformist denominations, and if Nonconformity was to hold its own in future it must rely, as in the past, on a powerful ministry. The Rev Lewis Williams gave a history of the movement, and read letters of apology from Rev Paofessor Rowlands (Brecon) and Mr Alfred Thomas, M.P. Mr Thomas Williams (Gwalland-y-garth) then unveiled the monument, and in so doing rejoiced not only that such a tribute was paid to the memory of a preacher known throughout England and Wales, but that the Welsh nation had of late years awakened to the duty imposed upon it of raising monuments to its dead worthies in all spheres of work. A short address on the Welsh Pulpit fol- lowed by the Rev D. Stanley Jones, the successor of Dr Herber Evans in the pastorate of Salem Church, Carnarvon. He referred to the person- ality of the late preacher as one in a hundred thousand, and at the time of his death he and the late Archbishop Magee had been described a& the two preachers in the last half-century who had been blest with the finest voice. Mr J. R. Pritchard, the treasurer of the movement, and treasurer of Salem, Church (Carnarvon), gave interesting reminiscenses of Dr Herber Evans' work as pastor. The Rev H. Elvet Lewis (London), speaking on the relationship of the Welsh ministry to literature, said that since the Reformation the Welsh pulpit had also provided the country with the best literary talent which it possessed, hence the quality and earnestness of such literature. The Rev Justin Evans (London), brother of the late Dr Herber Evans, returned thanks on behalf of himself, the widow, and other members of the family. He added that a monument would have been placed on the grave by the widow long ago but for the knowledge that the public form which the movement assumed would have been more in con- sonance with her late husband's own wishes.—The meeting then closed. The monument is erected in a prominent part of the cemetery on the top of a slope on the right-band side near the entrance. The design of the monument is classic. There is a moulded surbase polished and axed with the word Herber in raised letters on one side of it 4!in. long. The total height is 13ft, all executed of the same colour, grey Aberdeen granite, mostly polished. Some parts are axed so as to show it to better relief. The monument was erected by Messrs Garden & Co, of Aberdeen, from designs prepared under the direction of Mr Richard Davies, architect, Bangor. The enclosure is surrounded with a curb of limestone and railing 3ft. high, and a gate at one end. The space inside the enclosure (not occupied by the monu- ment) is strewn with chips of granite.

Denbighshire and Flintshire Agricultural Show at Ruthin. THE Diamond Jubilee, or 60th annual Show of the Denbighshire and Flintshire Agricultural Society is to be held in Ruthin on August 7th, and there is every probability of it being attended with great success. When it was last held in Rnthin in 1896 there was a record number of entries; the largest the society had ever received prior to that date. This seems to have acted as an incentive, for since that period the entries have continually increased, as also have the classes. This year the prize list contains 181 classes as against 133 when the show was previously held at Ruthin. An important feature, notably to exhibitors, is that the entries are restricted to Denbighshire and Flintshire, except for Welsh cattle, stallions, tradesmen's turnouts, jumping competitions, and dogs, poultry, and pigeons, which classes are open to North Wales, &c. In the Welsh sheep classes the prizes have been increased, 1st to C,3 and the 2nd to 30s. Not only are the prizes increased, but through the generosity of friends of the society and lovers of agriculture in general, nine new ch allenge bowls are offered in competition, varying in value from five guineas to thirty guineas each. The Diamond Jubilee challenge bowl for the best bull in the show is given by a few members of the society the challenge bowl for the best cow, by Mr P. B. Davies-Cooke; the Bodrhyddan challenge bowl for the best heifer, by Mrs Rowley Conwy: the West- minster challenge bowl for the best heavy horse in the show, by his grace the Duke of Westminster; the Naylor Leyland challenge bowl for the best light horse in the show, by Mrs Naylor Leyland, of Nantclwyd Hall, Ruthin, who is the lady presi- dent for the year-this lady also giving^ in prizes in the Welsh mountain pony class, as well as another similarly named bowl for the best pen of Welsh sheep; and further a very handsome sub- scription to the local funds. A Coronation chal- lenge bowl for the best pen of Shropshire sheep, by Sir Wyndham Haniner, Bart. (High Sheriff for Flintshire); the Star challenge cup for best butter in the show, by the Star Supply Stores, Rhyl and London; and the Kenyon challenge bowl for the best cheese, by Lord Kenyon. Special prizes are also given by Colonel Cornwallis West, Ruthin Castle; Mr Thomas Williams, Llewesog Mr Edward Lloyd, of Rhagatt; Mr W. Leathes, Wern Fawr, Ruthin; and other gentlemen. The prize list is characterised as without doubt the best ever issued by the society, and the committee are anxious to make the show a record one in the history of the society. Prize lists are to be obtained from the secretary, Mr T. Welsby, of Rhyl.

In view of the approaching. Coronation of the King, who is now patron of the Masonic Order, the Grand Master (the Duke of Con- naught) has conferred the rank of Past Grand Deacon of England- upon Brother Nicholas A. Earle, of 'Manchester. Brother Earle is a Past Provincial Grand Warden of East Lancashire. Among a number of other prominent Freemasons upon whom a similar past rank has been con- ferred are Brother G. A. Harradon (West Lanca- shire) are Henry Jackson (Cheshire).

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