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THIEVING UP-TO-DATE AT CARDIFF.

PEMBROKE BOROUGHS- I

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AN IMPORTANT INSURANCEI AMALGAMATION.

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UNPLEASANT CASE.I - i

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UNPLEASANT CASE.I i Judge and Ystalyfera I Witness. "A DISGRACEFUL STATE OF I THINGS." At the Glamorgan Assizes at Swansea on Wednesday there was resumed (before Mr. Jus- tice Kennedy) an action for detinue brought, by Mrs. Florence Maria Saunders, wife of Richard Saunders, of Ystalyfera, against William Burchell Rees and Laura Swash. Mr. Abel Thomas, K.C., M.P., and Mr. Meager (instructed by Messrs. Randell and Saunders) were for plaintiff, and Mr. S. T. Evans, K.C., M.P., and Mr. R. Vaughan Williams (instructed by Messrs. Moeran and Words- worth) for the defence. The action was for the return of certain deeds and documents or their Value, and an injunction restraining the defendant Rees from further using them. When the court adjourned on Tuesday evening the defendant Rees was under cross- examination, and on the court resuming its sitting on Wednesday morning Laura Swash, the other defendant, who was examined the previous day, stepped into the witness-box, and handed to his lordship a. parcel of deeds which she had said on the previous day were given her by Rees in 1895, and the where- abouts of which she had declined to reveal. The Judge: We will keep these deeds together, madam. In answer to the judge, she said she had the deeds in 1895 from Rees, but a fortnight later she missed the schedule accompanying them. She then handed the deeds to the care of Mrs. Farran. who kept them until she went to Messrs. R. and C. B. Jenkins's office and gave them up for a loan for the defendant Rees. She had the deeds again in 1897. Rees had never told her why when he gave her back the deeds in that year. He kept in his own posses- sion one of the documents that had been deposited with Messrs. Jenkins. The Judge: All you knew was that a docu- ment, for the purpose of evading the Llandilo County-court, had been missed?—The witness nodded assent. The defendant William Burchill Rees was then put into the box, and his cross-examina- tion was resumed by Mr. Abel Thomas, who questioned him very closely as to the docu- ments he and plaintiff had deposited with Messrs. Jenkins, solicitors, in 1897, which, counsel pointed out, included deeds alleged to have been previously given to Laura. Swash. Counsel put the document given to Messrs. Jenkins by the defendant and signed by him and plaintiff, and drew his attention to the recital of its contents, which he submitted were identical with the deeds now put in by the defendant Swash. In reply to a series of close questioning on the subject, the witness gave answers indicating his inability to understand, whereupon the Judge said he absolutely declined to believe any statement he had made as to not understanding what Mr. Thomas had said. He put it to him time after time. Mr. Thomas then repeated the question: Did you say the document deposited with Messrs. Jenkins did not recite all the deeds as belonging to plaintiff?—I don't believe I did. I believe this is a got-up affair alto. gether. Did you go to Messrs. Jenkins's with the fraudulent document, knowing a fraud had been committed, and hand it to the solicitors with others?—I took it to them to ask if it was of any value. I did not know it to be a fraud. I took it to be an insult to the judge. I did not think it a fraud because I did not think anyone was intended to be injured by it. Plaintiff then called rebutting evidence. Mr. Richard Jenkins, solicitor, of Swansea, was called, and Mr. Abel Thomas put the following question to him:—It has been alleged to-day that you were told by Mr. Rees that the document which he produced to you was not signed by him, and that he had not given authority for it to be signed, and that you said you could not advise him upon I it that day, and subsequently it was included in the documents. What do you say?—It is an entire fabrication. I should have kicked the man out of the office. The Judge: I should have been inclined to think so. Richard Saunders, the btrsband of the plain- tiff, denied the allegation of the defendants and their witnesses that he put his mark to the withdrawal signed by plaintiff of the action. Mrs. Ambrose, a neighbour, was called to speak as to the health of the plaintiff, say- ing that at the time of the withdrawal she was suffering from hysterics. Asked, in cross-examination, what was the meaning of delirious, she said she did not know. David Samuel Williams, insurance agent, also spoke to plaintiff being ill in bed at the time. This concluded the evidence. In a judgment which occupied over an hour in delivery the Judge characterised the case as one of the most unpleasant he had ever had to try, because he had felt from the beginning-almost from the first witness-, very great difficulty in satisfying himself in regard to the truthfulness on various grounds of one side or the other. It was a case the basis of which rested upon a disgraceful state of things. He was not there to express an opinion on morality, except so far as it affected the action and the state of things and the aspect which gave rise to that action, as it originated in the fact of the relations which must have grown up where the man, the defendant Rees, had children by both the women, and the elder sister consented to remain in the house where the younger sister was seduced by her paramour, and had chil- dren by him, as she had done. Of course, the relations became very difficult to disentangle, as the children grew up. There were con- flicting claims on the man by tlie two women, neithe of whom had a legal claim on him. They had a man who had dealt very cruelly with the two women, and who, apparently, in this particular case was content to a large extent to live on their manual exertions. The feelings of the parties in those abnormal; circumstances were such as might easily burst out into hostility towards each other and lead to considerable jealousy between the women, both for their own interests and the interests of their respective children, especially on the part of the elder of the two sisters, wao had borne to him two girl children, for whose future she was naturally somewhat anxious. His lordship totally disbelieved the defen- dant Rees's allegation that he submitted the document alleged to be forged to Messrs. Jenkins, whom he described as evidently an able and respectable firm, and, proceeding, said he was afraid—and that was why he could not decide in plaintiff's favour-look- ing at what subsequently happened, he could., only draw the inference he ought not to bo satisfied with her proof that it waa a bona- fide mortgage to secure a bona-fide debt After severely criticising some of the wit- nesses for the defence, his lordship concluded by saying he. nevertheless, did not feel just;- i fled in finding for the plaintiff. He was equally dissatisfied with a large portion of the evidence for the defence. He had been very saddened to see the demeanour of the witnesses in many cases, and also in soma cases obliged to feel that they were inten- j tionally either withholding the truth or not j teling the whole truth, however difficult it might he to prove it in a court of jllstic. Ho I had tried to get at the truth in a difReu't and complicated case, and, while he could not hold the plaintiff had succeeded, he certainly should not mulct her in the costs. Ilo gave I -.E) cos t IIL, judgment for the defendant, without costs. This concluded the business of the assize, v.hich has lasted 21 days.

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