The Welsh Coast Pioneer and Review for North Cambria

Llanrwst Sensation. (Continued from Page, 7). The Second Day's Proceedings. Mortgages and Loans Witnesses for the Prosecution. Farmers and Bank Managers. [FROM OUR OWN REPORTER.] WHEN* the magistrates took their seass on Thurs- day morning, in the resumed hearing, the lilt e courtroom was in semi-darkness, on account of the gloomy atmospheric conditions that prevailed. Soon after ten o'clock a few spectators took their stand at the rear of the partition separating them and those more immediately concerned in the case. Gradually the number increased, but the attendance was not so large as on the previous day. Besides the advocates who appeared on the pre- vious day, Mr Thornton Jones, of Bangor, the legal representative of the four beneficiaries under the will of the late Mr Hughes, and on whose informa- tion the proceedings were originally instituted, was in attendance. The defendant Roberts made his appearance promptly at 10-30, and at once took his seat in the dock. David Jones immediately followed, carrying in his hands a bundle of documents. He looked brighter than on the previous day. The magistrates were :—Dr Jones (chairman), Messrs Isgotd Jones, Jell Pettit, H. J. W. Watling, W B. Halhed, Jones, Owen, W. J. Williams, and W. B Lloyd. The first witness called was MOSES ROBERTS, a countrified looking monoglot Welshman, who said he lived at 't.y-ucha*r-ffoi dd, Dolgarrog. He explained ne purchased I he farm where he leaded about 9 years ago. He was unable to pay the whoi'-e o:f the: purchase money and he secured part of k from a Mr Ashley, who,advanced the money at t'h- time the. purchase was made. It was not true that David Jones had advanced him £ 2,700 out o:f the Tyngwern trust fund'. He never obtained a loan from David Jones and owed him nothing at the present for professional or any other work. The money lent him by Mr Ashley was still owing. He paid the interest, £31, half yearly, for the loaru through the North and South Wales bank, to Mr Petea- Mcljrtyre's Iame. It was not true that he paid David Jones £$4 every half year by way of interest; nor, ini fact, any ether sum; as inner est. Cross-examined by Mr Humphreys, witness said that before purchasing the farm he did see David Jones, to get advice. In fact, Jones promised 1(0 secure him the necessary loan, from M,r Ashley. He eventually -'received a letter from Jones in which something was mentioned about Tyngwern money. He took the letter back to the defendant and an apology was. made saying there was a mistake. Before completing the purchase he told Jones he. could itot pay 4 per cenit by way of loan. He got the loan from Mr Ashley through Jones. I Replying to Mr R. O. Dav'ies, witness said, David Jones, carried out those; negotiaiitons with him; Jones was chie.fly "his man." With re- gard :to the letter merJtion'edi it anight be four years now since it was obtained while the pur- chase was completed S or 9 years- ago. He believed he was asked in the letter to pay the arrears of interest due to the 'Ty'ngwern. trustees, but he coulcli not be sure what the exaclt context was. He could not say who signed the: letter. Directly -on receipt of it he we-nit to the defend- ants effice, where he saw Mr Roberts who re- ferred him to Mr Jones about it. It was MB T, Tones who explained that the letter was sent by mistake. Re-examined by Mr J. T. Roberts, witness said David Jones prepared the deeds for the pur- chase for him, and it was in his professional capacity that the loan was obtained from Mr Ashley by David Jones. He knew nothing of the existence of such money as Tyngwern money. When he went to the office after the receipt of the letter, lie went to Mr Roberts because Mr David Jones was engaged it was Mr David Jones he usually con- suited. The letter asked him 10 pay certain arrears of interest, but he paid no such arrears as he was not asked to do so by David Jones. As he had al- ready said, he never paid the firm any interest. An Anglesey Witness. HUGH JONES, Giangorse, Llangwvtlog, Angle- sey, said he received the l >an of ^320 from the trustees of the Tyngwern estate, bv instalments, he believed. He now owed £ jo of that money. He reduced Ihe sum 4 years ago, and he produced a receipt for £ 250 then paid in return. His brother paid in the monev, [So, and the receipt was sent bv post. I'he receipt was made out in the hrm's name, but he did not know in whose handwriting it was signed Up to the time of the repayment mentioned, he thought he had paid the interest pretty regularly. He did not recollect having paid any interest on the remaining £ 70. Examined by Mr Humphreys Mr David Jones never gave him notice to pay the money which had been returned. In fact he had promised to pay the whole sum at that particular date, but owing to circumstances, he had been unaMe to return the whole amount. He owed Mr David Jones person- ally four years' interest on the balance he was not quite sure whether he owed some interest on the full amount. By Mr R. O. DAVIES In all his dealings with the office it was Mr David Jones he consulted He never transacted any business with Mr Roberts. Large Cross Accounts. W. J. WILLIAMS, Regent House, was the nexf witness called. He said that in 1898 he entered into a contract to purchase a property then known as Stanley House. Market-square. He paid Cio8 10s as deposit. The purchase price was ,Cf 085 and the deposit was at the rate of 10 per cent upon thai figure. The purchase was made on November 2nd, 1898. Hethen paid^176 10s. Those two sums were paid to the defendants' firm, of David Jones and Roberts, in the ordinary way by cheque. Hl believed the cheque was given to Mr David Jones personally. After paying those two sums theie was a balance of £ 800, and the arrangement was that he paid 4°/„ on that amount until the comple- tion of the new building erected on the site. That sum was not owing now. It had been paid off on October 27th. 1002. Stanley Hjuse and the adjoining premises did belong to the late Mr Thus Hughes, and he purchased it from the trustees of the estate. The defendants' firm acted for him in ? the transaction from the time of the preparation 01 the contract until the whole debt was wiped oft in HJ02. He had no account of a cheque adeged to have been paid by him by way of interest to the trust fund. He did not owe any such sum as £ 240 to the trust estate between July, 1898, and January, 1902, but he found he had asked for an advance of _Ciio for a short period from David Jones. He could not be sure when that was. All his transactions had been carried out by the firm acting as his solicitors. Cross-examined by Mr Humphreys He did not remember who was the solicitor who read tne con- y í ditions of sale when Stanley House was put up for sale David Jones and himself had had personal transact ins, and ther e were at present important cross-accounts between them, including interest on the £ 600 to .n. This balance on the original loan was left over as a set-off in his accounts. Wnen the transaction was going on, Mr David Jones did nearly all the work. Mr Jones gave him to understand that the money was leni from the Tyngwern estate. Re-ixairiined by Mr Roberts: The interest remaining was left as a set-off against an account that Mr David Jones owed him. Mr David Jones did owe him a considerable sum of money at present. Mr HUMPHREYS pointed out that both men owed one another cross accounts, and it was not known how matters redly stood as yet. By Mr Roberts He owed the firm money, but Mr Jones owed him m mey personally. Mr ROBERTS Then these accounts can be set on one against the otner. A Penmachno Property. MORRIS GRIFFITH, of Llys Ivor, Penmachno, another Welsh speakmg Cymro, said he purchased his house Irorn the late Mr M Del vies, Llan, wst, subject to a mortgage of ^50 >. The original price was £ 580, with another k8 for repairs, He paid £50 on account of the m. r ga..e on the 13th March, 1900, to Ml Jones' clerk on Mr Jonts' request The receipt was given by the clerk at Mr Jones' instructions. By Mr Humphreys: Mr Morris Davies had asked David Jones to let him repay the money as he could, and the favour was granted. Ey Mr R. u. Davies: As a rule he saw Mr Jones at the office. DAVID JONES, farmer, ot Coeceiliog, LIan- rwst, said he was the owner of the farm subject to a mortgage of Cgoo to the trustees ot the Tyng- wern estate. He had paid the last half year's in- terest in two instalments, and he produced a receipt for one of the instalments. The next sum to be paid would be due in Febiuary next. Cross-examined by Mr Humphreys He and Mr David Jones were at one tllTIe very friendly and on various occasions he had been in arrears with his interest. Mr Jones usee to tell him that on these occasions he paid the interest himself, and the defendant had also backed bills for him at the bank. When he took money to the office it was William Williams or one of the other cleiks he saw as a rule. He did not know whose signature was appended to the document produced, but the money mentioned in it had been paid to Parry, the clerk. He had not paid any of principal loan off. Paid Off. ROBERT WILLIAMS, also a farmer of Pentre- mavvr, Capel Gat inoti, said he was the owner of the farm. He had had a mortgage in favour ot the Tyngwern estate for £ S /O, but he owed nothing of the mortgage: now. It was paid off on the 29,h September, 1902. In ordier to do that he had obtained an advance elsewhere. Mr David Jones twanted him ko pay off the debt, saying 1-Nfrs Hughes, of Ty'ngwern, was poorly, and that they wanted to arrange her affairs. The money to pay off the mortgage: was lent by tine trustees of the Congregaional College, Bangor, in whose. hands, the deeds were ait present. By iMr Humphreys So far as he understood, there wa,s,gc present nothing owing to Mr David Jones by way of interest. He had occasionally been; in arrears' with his iriterest when his wife was ill-. He had signed: a second mortgage to a Mr Griffith, of Blaenau. Festiniog, _and (that was to' pay up' the whole, he owed Mr David Jones. Re-examined by Mr Roberts Since 1892 he had had1 no (transaction with the defendants. JANE JONES, of Gaelia-sfawr, Mae-nan, -said, she was-.the widow of the late johit Jones, who was the owner and occupier of the farm. Her husbandt died in February, 1902. The farm was now owned by Mr Herbert Hughes, of Ty'ny- coed, to who/m. alt wais, sold after her husband;s death. Her husband had- a mortgage of £650 Uipon: the property chargeable- by the trustees of the Congregational College, Bangor. The trus- tees of the Ty'ngwern Estate never held a mort- gage on the property so far as she WlélJS aware. She- never heard of s'uch a thing unitiil the re- ceipt of a. letter from, Mr Thornton Jones, soli- citor, Bangor, telling her not 1co pay any inter- est. By Mr Humphreys The evidence given by her thuis far was known by her to be a fade. She never h-eard her husband .say he had been to .lr David Jones for a loan, but she 'bel'ie.v'ed. the) first title- deeds, bad been prepared by LNIR Jones. She could not say .-whether her husband bad iso'ugh't TO change thle first mortgage in 'order tto get a loan from; Mr David Jones. A Difference. JOHN ROfBERT WILLIAMS, J.P., Llwyndy, Llangerniew, and owner of ,the Ty'nyffynon pro- perty, said he had a mortgage of Z300 on mat property due to defendant Jones and Thomas Williams, trusite,es; of the Tynygwern Eskate, but he had never had a charge of £ 400 on that property. Witness, was not cross-examined. WILLIAM WILLIAMS, of the Post Office, Llanddbget, s}3.id be was a joiner by occupatiun. His mother purchased 'a place called Tyddyn- maly 13 -or 14 years ago at the late Mr Evans's sal-e. She afterwards sold it, retaining a ismall portion, on which the Llanddoget Bast Office was built. H 's mother died four years last Oc- tober. He understood bis mdttoer had some money lent by Mr David Jones on mortgage, and since her dearth he had paid interest on d't. He had, paid on £ 150. He advanced, the money by installments to- his mother, but he (the wit- ness) did not know who was the mortgagee" By Mr Humphreys: His mother died irltestlate. He had an elder brother who, he S-uppose-dl, would be heir-at-law. He (witness) did not know much about the transaction between his mother and -Mr David Jones. He was not aware that Mr David Jones lent h.isi mother £15° for the education of his ;brother, Lewis Williams, Ibuio he was aware of the £ 152 lent .fox the house. His mother and David Jones were re- lait.ed, and it was a fact .that that transaction was of a family nature. He knew his mdiher was in the. hlabit of lein,dinig his mother money by in- ■stalme'ntts. She had some money after selling Tyddynmaly, and this was paid back to her by David Jones by instalments. By Mr R. O. Davies: All the transactions were between Mr David Jones pSrsonaMy and his met her. Re-examined by Mr Roiberts His mother soldi Tyddiynimjaly for £ï5°, and she got back £450. The balance was left 'wiith Mr David Jomes. As fa.r -as, he was aware, Irs Jones had paid, no- thing other than the surplus from 'the sale and the (ISO advanced on the mortgage of the, fast Office. Mrs MARGARET LLOYD, of the Mariinie Hotel, Old Colwyn, said she was the wife of John Williams- Lloyd. In December., 1899, she purchased a house, No. 2, Marine-terrace, Old! Colwyn. She paid Mr Porter, of Confwa-y, the deposit, and then she obtained an advance of £ -$00 to complete the purchase from Messrs D-d. Jones and Roberts. They arranged the transac- tion. Mrs John. Thomas Davies, Tanrallt, Mochdre, now held the moxtgage for ,f 300- She knew nothing about any other mortgagee than Mr J. T. Davies. She did not ask who tihe mort- gagee was. I By Mir Humphreys: She knew David Jones. I advanced the money in December, 1899, and there was no mortgage executed by her until July, 1902. Previous to sigmn'g Ithe mortgage, David Jones might have lent the money person- ally. She. paid the intexest to Mr David Tones ,eN,er-y twelve months. The last item was paid on January 29, 1903, to' Mr Jones. She never had a statement of accounts from Mr Jones, but she was supe she owed him no very great sums. iBy Mr R. O. Davies: Mx Roberts was in .the office when she spofce about the mortgage, buit the transactions had Ibeen carried out iby Mr Dd. Jones. The court then :adjourned for lunch. Hearing Resumed. At the .outset Mr J. T. ROBERTS asked whether their worships would sit on Saturday. Personally he would like, ai day's' rede, and that they proceaded, on Monday. Mr -HUMPHREYS pointed onlt there ,was only a fortnight intervening between them, and the Assizes. lIe would personally dike the case fin- ished with that weiek. The. Bench decided to consider the matter atl a later stage. JOHN T. DAVIES, of Tanrallt, Mochdre, Llan'gwsitenyn, produced the dieedis relating to -No. 2, iMarine-cfer^ace, Old Coilwyn. These were given! to him by his wlfe. In xefexemsce to the advancement of money on the mortgage, Mr W. P. Robert's asked him for an advance of £300 on the house ini question. Mr Rofbeiiits -saw him twice about the mafeer. It wats after the secondl inkerview that witness promi-sed to liend tne money. He. knew nothing whait the money was required for, and he saw nobody but Mr Rob- erts with regar.,di to the advance. He handed/ Roberts1 the cheque for ithe loan at his Conway offioe. Cross-examined by Mr Humphreys He hadi done a great deal of business with the- firm, for many ye'ars. He had never lost a penny, and he1 hoped he would lose nothing on that secur- ity. By Mr R. O. Davies Pie: did ndt recollect Mr Roiberts- stating the Iloan was for Mr David Jones. Mr Roberts personally attendedl to' his (witness1) business. Large sums of money be- longing to him had passed through Mx Roberts's hands. RICHARD THOMAS, Giarthmaelog, Taly- bont was the next witness called. He said he was formerly owner of Shop Llanbedr. It was mortgaged for 6400- The1 money was advanced to him through. Mr David Jones. He did not knoiw whose money it wa's. He sold the shop on, February 13, 19°2" to John Owen, who lives there- at present. When the property was sold be did not know whafc became of the mort- gage, butt he owed nothing at present. The debit was paid off when he sold the property to Owen. Aneurin Evans, solicitor, DerJbigh, produced the dieled's relating to Tanyberllan, Conway. Amonfg those deeds there were no mortgages rn- cluded for the trustees of the Ty'ngwern Estate. One was a conveyance. Cross-examined, he did not anticipate his clients would lose through defendant Jones, whom he had known well for many years, and with whom he had had many business transactions, in all of which he had found the defendant Jones thoroughly trust- worthy. HUGH THOMAS, J.P., Penparc, Anglesey, treasurer of the Bala (Bangor) Congregational College, produced the deeds of the Goelas Fawr property. The mortgagees were not the defend- ants, nor did witness find their names in connection with any of the documents. He also produced the mortgage of the Pentremawr property. The wit- ness was not cross-examined. Bank Manager's Evidence. WILLIAM GRIFFITH OWEN, cashier at the Metropolitan Bank, Llanrwst, said the bank pass books produced contained correct copies of entries in the books of the bank. They were up to last year. The defendant Jones' private account pass books were also true copies of the entries in the bank books. They extended from 1888 to Decem- ber, 1903. He also produced thirteen judgment dockets relating to moneys paid into the bank to the credit of the firm of David Jones and Roberts. Two. of the' latter were in. defendant Roberts's writing. They wtere for £445 and £$oo respec- tively. Otheus were in the clerk Evans's writ- ing- f The prosecuting solicitor at this- sitage called for the pxoduction of a lar'gie number of lelttexs addressed by the bank manager to the firm. 1% addressed by the bank manager to the firm. 1% was stated that they were niolt available. Witness prodluced copies of letters written by the bank manager between Septemiber, 1897, and August last year. They were- protests by the bank manager against .the drawing of further cheque's by defendants, and urgent appeals to them, to reduce, thieir overdraft, and dec-lining to cash any more- of defendants' cheques till a satisfactory arrangement was made. Several cheques of very large amounts Wier-e thus pro- tested. Witness said- he frequently visited! defendants in .connection with imoniey masters within the laist ten years with a. view to' getting, the over. draft reduc'ed. He' had' seem bc/th. the defend- ants at these visits. He could not say definitely if their alocounit haid ievex been to credit, butl if it had Ibeen it must have ibeen for a very short time. Mr B. Lloyd, manager of the Metropolitan Bank, was next called, and st,at,eid, that he had caille d personally upo.nl both members, of the firm with the view of getting a reduction in the: over- draft. The visits were paid an scores of times -in. the llast five or six years, and, sometimes they ,were, made ait the! request of the general manager. As would be seen Iby the letters, great pressure was brought UlpOn: the fimr to supply the bank with a statement; of their affairs, ,and a, balance-sheet was given to the witness 'about, the beginning of August laslc showing a credit 'balance. Further pressure, was brought upon; them, to get the account reduced, and! he arranged with the firmi for both parties to accom- pany him to the chief cousrtry offices, ini Bir- mingham-. Mr Roberts had approached: him before starting, asking for a further increase of the overdraft of £ 1,200. More particulars we,re; asked for as to the firm's affairs, and; a further balance-sheet' was prepared by Mr W- P. Roiberts, and Siigned by Ibuth partners, also, show- ing arsurplus. The. application for an increased! overdraft was refused. The cross-examiniatian of this witness wasi postponed unltil to-day .(Enid-ay) at the..request of Mr Davies, a'nd the court then adjourned.

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