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BOROUGH MAGISTRATES' COURT.

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BOROUGH MAGISTRATES' COURT. MOHDAY, OCTOBER 12, 1863.-Before the Mayor (J. I Lewis, Esq.) and Dr. Williams. THE DAMAGE DONE TO THE NEW VEGETABLE MARKET. The nrst case called on was an adjourned one-a charge against George Pritchard, of Halghton Mill, for -driving against the wall of the new vegetable market, thereby damaging the same. The case was adjourned for the purpose of hearing the evidence of Mr. Ankers, who was unable to attend this day week in consequence of ill health. William Ankers, on being called, said—I was stand- ing by the new market, on Wednesday, the 23rd ult., and I saw this man go past with a cart load of flour. He fame rather sharp, and there was a waggon there, but there was ample room for him to pass, I am not sure whether he had one or two horses. William Jones (Market Hall keeper)—He had two horses. The Bench requested that the witness should not be interrupted. Witness resumed—He had hold of the shaft horse. When he drove against the wall he did not stop, but drove on. Cross-examined by Mr. Jones (who appeared for the defendant). There is a stone placed by the wall now at the corner where this man drove up to. There is an angle At that point, and the defendant drove up to it. Mr. Jones Will you swear that there was not some damage done to this corner before ? Mr. Ankers—I noticed none, I should say it was care- lessness that caused the defendant to do this damage. The street is very narrow at that point. I don't know the width of it. It is six yards wide, I dare say. William Jones (Market Hall keeper) was next called. He said the defendant had two horses in his cart, but he did not see him pass the corner when the damage was done. He was twenty-five or thirty yards past it when he saw him. He saw another man drive past. He got past without any accident-he was a clever driver. John Humphreys, bricklayer, was next called. He Mid—I was called to look at some damage done to the wall of the new market. There is a crack all down the wall. It could not be repaired under two or three pounds. Croiis-examinecl-I bnilt this wall for the Market Hill Company. I don't know that I shall have the job to build it up again. The Mayor-At this stage could nothing be done to- wards settling this case ? Mr. Jones said he would make another attempt to set- tie it. He had tried before. The Mayor then observed that it was a lamentable tiling that cases like those could not be settled without coming in that way before the public. They got flourish- ed through the newspapers, and a bad feeling was created and inflamed. Mr. Jones (after intimating that he was unable to settle the case) said-Our answer is this. The whole of the damage complained of was not done by this man, I may remind your worships that the traffic up this street was very great in consequence of Hope-street for being closed for the drainage works. The passage down Hen- bias-street is very narrow, and the wall is built in that way as almost to invite a collision, as is proved by the Market Hall Company afterwards placing a large stone by the corner to prevent the recurrence of such accidents. The witness Jones said the other man that he saw pass got clear through without damaging anything, because he was a clever driver. Now, it did not follow that a Le was a clever man, because he was not a clever driver, but because he was only an ordinary man—and most men were only or- dinary men—it did not follow that a man was to be punished because he was only an ordinary man. He must be punished because he has brought himself with- in the reach of the law as an ordinary man. In addition to this they contended that the amount claimed for the damage was much greater than the injury sustained. Hugh Davies was then called. He said—I know the site of this accident. I had some talk with Humphreys, the bricklaver, about this corner, before the wall was ,"shed. He then said that the corner was wrongly constructed. It ought to have been round. It was or- dered to be round at first. And then it was ordered to be angular. Its being angular he considered was the cause of the accident* I've seen the damage. In con- sequence of what the Mayor said last Monday this man (the defendant) came to ask me to report upon it. I examined the place carefully. I was hesitating whether to say the damage ought to be estimated at one and sixpence or two shillings when a man came up and •aid— The Bench said witness could not state what another person had said Mr. Jones Why were you hesitating were you afraid two shillings was too much? Witness I was (laughter.) The wall is very green. It has given a little in the belly, but the crack is no- where more than the sixteenth of an inch. It is only the mortar that has given way. The bricks are not damaged anywhere. The top course of bricks is not disturbed at all aor is the foundation injured. The width of the street in that spot is fourteen feet. There is a step to Knibbs' warehouse that takes off from that width. The width of the step is seventeen inches. The width of a cart from axle to axle is about seven feet-say six feet Wx. If there was a waggon in the street at the time, and we allowed 6 feet 6 each for waggon and cart there would be a foot to spare. I don't think that is space enough for a man to navigate a cart, especially round a corner like that. The Mayor observed that Lambpit-street was open to cart traffic, and if the defendant saw there was no room he might have turned back, and gone that way. Witness (Davies) in reply to the Mayor-All that is necessary is to point it. Two shillings would be ample to do this. Most decidedly it is not necessary to pull the wall down. The Mayor: There is a vast discrepancy in the evi- dence as to the amount of damage. Robert Hooson was next called. He said he was ost- ler at the Nag's Head, and Mr. Rowland had a kiln in the Henblas which occasioned him (witness) often to pass that way. Was past there on the Monday before the accident, and saw that the wall was damaged then. The Mayor-All this comes of the conduct of the Mirket Hall Company net treating the Town Council with common respect. The Council were willing to come to an arrangement whereby that comer might be round- ed off, and when communicated with on the subject they sent a most flippant answer. They said they would have nothing to do with it. All that then was the result of their pugnacity and obstinacy. Mr. Jones said the suggestion made in the Council for straightening the wall came from him, and he felt W)me little annoyance at the time that it was not adopted. But in vindication of the Market Hall Com- pany he should be allowed to state that having mention- ed the matter-that is theirrefusal to send in the amend- ed plan to several of the directors-they all declared tlieii- ignorance of it. Mr. Arthur Clarke made some observations implying that it was the fault of the Borough Surueyor that the matter was not attended to. The Surveyor said that just previous to what the Mr Clarke had referred to his (the Surveyor's) services had been discarded by the Market Hall Company-he did not know why, amd Mr. Edward Williams was instruct- ed to proceed with the work. He (the Surveyor) was told Mr Williams had plans of the wall ready and he said in reply that he was prepared to receive them. But they never came. He saw Mr. Arthur Clarke after- wards and he said the Market Hall Company had not got the plans. The Nfayor-That is truly Wrexham. Petty jealousy a ud petty rivalry instead of the public good. Suppose the wall has to be rebuilt, what will it cost ? The Surveyor said about eight yards would have to be pulled down. It would cost one and threepence a yirl to re-build it. The Mayer—What do you say to that Mr. Humph- reys? Humphreys—I should like him to have the job to do it. (Laughter.) The Mayor—I canDot help acraÎn expressing my regret tuat this matter has not been arranged. I think it ought to have been. I don't know where that observation may press. It will no doubt press somewhere. We are in- clined to think that the case has been much inflamed, and we feel rather surprised that Mr. Edward Williams, the master bricklayer employed by the Market Hall Company, has not been called to give evidence. We have simply the evidence of a working bricklayer on the one side, and the evidence of the borough surveyor on the other side, and they differ wide as the Antipodes. We have some difficulty in arriving at a satisfactory conclu- sion in the face of such conflicting statements. However, we must endeavour to arrive at the truth as best we may. The passage, no doubt, is a narrow one, but that is only a reason for taking more than ordinary care. If there was a cart in the way he ought to have asked the carter to move on. I offer no opinion as to whether a man is justified in stopping up the highway even when he is unloading. But if he should refuse to move, a- nother carter would not be justified in crushing through. If he did so, and did some damage in the attempt then he rendered himself liable to be fined for the same. It does not appear that there was anything like wanton malice. The law defines malicious damage to be damage done without a just cause. In the eye of the law then the damage was maliciously done, but it was not ma- liciously done in the common acceptation of the word. Instead of a fine of five pounds, or imprisonment, we only impose a fine of one shilling. Then we come to the extent of the damage. On this point we must content ourselves with what the late judge of the county court used to call rough justice—that is to jump at a conclu- sion. In this case one witnesss estimates the damage at from two to three pounds, the other at one shilling and sixpence, or, if re-built, ten shillings. We think that ten shillings would be a fair amount at which to put the damages and the costs are fourteen shillings.

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