Rhyl Journal

THE MATRIMONIAL AFFAIRS OF A FLINTSHIRE MAGISTRATE. CASE ACAIN BEFORE THE RHYL BENCH. APPLICATION FOR WITHDRAWAL GRANTED UNCONDITIONALLY. The matrimonial affairs of a well-known Flintshire magistrate, which took up so much time at Rhyl Petty Sessions on Oct. 14, and which have since proved a most absorbing topic of discussion throughout the district, again occupied the attention of the Rhyl Bench at the Petty Sessions last Tuesday. It will be remembered that the defendant, James Yeaman Strachan, who besides being a justice of the peace for Flintshire, was formerly manager of the North and South Wales Bank at Rhyl and subsequently at Birkenhead, but who is at present carrying on business as a commission and land agent and arbitrator at 58 Fleet Street, London, was summoned by his ife, Adeline Strachan, of Elm Cottage, Woodhey, Rock Ferry, for having, on and since November 27, 1899, deserted her, and that she applied for a maintenance order against him. The case, after being partly heard, was adjourned in order that vouchers of the amounts admitted by com- plainant to have passed through her hands, under power of attorney conferred upon her by her husband, some time previous to the date of the alleged desertion, might be produced, coun- sel for defendant making this demand. The magistrates in attendance last Tuesday were Dr W T Girdlestone (in the chair) and Messrs J Foulkes, J H Ellis, W J P Storey, and W H Coward. Mr F J Gamlin again appeared on behalf of complainant, and defendant was represented as before by Mr P B Morle (instructed by Mr George Boyd Wickes, London). This time the case was heard in the assembly room of the Town Hall buildings, and great advantage was taken by the public of the accomodation afforded them, though no doubt they experienced considerable disappointment upon making the discovery that neither complainant nor defend- ant was in the court. Mr Camlln Asks for a Withdrawal. Mr Gamlin, on behalf of his client, said he had been instructed to state that since the last court the parties concerned had met to- gether, the result of which meeting was that a deed of separation had been executed between them. It was therefore his duty to ask for a withdrawal of the case from court. Mr Morle reminded the Bench of the arrange- ment arrived at on the first occasion that the case came before them, namely, an agreement to adjourn it in order that a statement of accounts might be prepared showing how com- plainant had dealt with certain large sums of motley which she admitted having received from her husband, of whose affairs she had the winding-up. As Mr Gamlin had properly observed, the parties, it appeared, had since that hearing met and had come to some arrangement without the assistance of either Mr Gamlin or himself—(laughter) —they having expressed a desire now to settle the case without the aid of lawyers—a course which was not altogether uncommon amongst litigants (more laughter). He wished it to be under- stood, hewever, that the only terms upon which he was instructed to allow the case to be with- drawn amounted to this that as a condition of the case being withdrawn the charges made against Mr Strachan be also withdrawn. Other- wise there would rest upon his client a very serious stigma and imputation which he was still desirous of meeting. Before consenting to this case being withdrawn, therefore, as his friend suggested he (Mr Morle) must ask that the charges also be withdrawn. Mr Gamlin replied that he had no instructions with regard to the withdrawal of anything except the case itself. Here he produced a copy of the deed of separation which the parties had entered into, one of the clauses therein being as follows :— "That the said Adeline Strachan may at all times hereafter live separate and apart from the said James Yeaman Strachan, as if shewas sole and unmarried, and that she shall be Free from the Control and Authority of the said James Yaaman Strachan, and shall not in any way or in any manner annoy or interfere with the said James Yeaman Strachan nor shall the said James Yeaman Strachan by any means, either by taking citation or process by instituting any action in England or Wales, endeavour to compel the said Adeline Strachan to cohabit with the said James Yeaman Strachan or for the restitution of conjugal rights." In that deed, said Mr Gamlin, there is no mention whatever of any charges that are to be withdrawn.This document embraces the four corners of the arrangement come to between the parties, and I have no instructions to go outside it. Besides making provision for his wife and children, Mr Strachan also undertakes, according to this agreement, to pay the costs both of the deed and the proceedings. Mr Morle, having remarked that neither Mr Gamlin nor himself had anything to do with this agreement, went on to say that since the last hearing Mrs Strachan wrote to her husband a letter of a most affectionate character. He did not propose to Had it, because it would only accentuate what had already been a painful case. Mr Wickes, the solicitor whom Mr Strachan employed at the outset of the case—when he heard of the arrangement arrived at between Mr and Mrs Strachan with the assistance of Mr Sinclair (complainant's brother-in-law), a gentleman whose name had already come prominently before the Bench in this case, and which would bo brought into considerably greater promi- nence if the case went on—wrote at once to Mr Strachan, pointing out that though his wife had signed the deed of separation, that deed was altogether silent as to the allegations which had been made against his client, and which the Bench, having regard to what had already transpired, were bound to investigate unless the charges were withdrawn. As a result of that letter he was instructed to wire to Mr Sinclair or Mrs Strachan as follows :— "Presume you have instructed Gamlin to with- draw case and all charges unreservedly, amicable arrangement having already been arrived at. Wire to Strachan." Mr Gamlin, Mr Morle was sure, would not for once take exception to his name being made use of in such a familiar manner, seeing that it was in connection with a telegraphic message (laughter). Well, in answer to that telegram they received another, which was as follows Have instructed Gamlin as promised.—Sinclair." Those tele- grams proved in his opinion that the charges against Mr Strachan were also to be withdrawn. In fact, had he thought otherwise he would certainly have had Mr Strachan with him that day, and would have been Quite prepared to Co on with the case. He desired the Bench to remember that they had to deal with a criminal charge, and that they could not dismiss it except upon the conditions he laid down, especially after the evidence that had been brought to their notice, as a result of Mr Gamlin's opening statement the last time they were in court. Moreover, this matter had, so far as it had gone, re- ceived the greatest publicity. Statements had gone abroad to the effect that from November, 1899, until August last, Mr Strachan had not written a single letter to his wife, nor had he made any contri- bution towards her maintenance during that period. They had also heard that Mr Strachan left his wife with absolute power over his affairs, as a result of which she received something like £1,300 from various sources. It was in order that a statement might be forthcoming to prove what amounts she had received that the case was adjourned from the previous court. Relying upon an undertaking that he should have the oppor- tunity of examining that statement before the case came on again, he consented to the adjournment, but up to the present they had not been furnished with anything of the kind. Having regard also to the undertaking given in the telegram from Mr Sinclair, he could not allow the case to be withdrawn in so simple a manner as was now asked for by Mr Gamlin. Failing a withdrawal of the charges also, he repeated he was still prepared to meet them. Mr Gamlin I cannot go beyond my in- structions. Mr Morle Then I must take it that Mr Sinclair did not carry out his undertaking. Continuing, he said in answer to Mr Oliver George, the magistrates' clerk, that it appeared that since the last hearing Mr Srachan was visited by his son, who came of age on Thursday of last week, and in the course of the interview it vvas suggested that it was highly desirable in the interests of the family that this painful case should be closed without going on any further in open court. Mr Gamlin did not appear to have authorised these subsequent negotiations in fact ho knew nothing about them. Mr Morle proceeded to explain that on Thursday of last NPek Mr Strachan was induced to go to Chester with his son for the purpose of meeting Mrs Strachan. The gathering took place at an hotel there, and amongst those present were the brother-in-law of complainant (Mr Sinclair) and a Mr Barns- ford Lee, a mutual friend and adviser. After a considerable amount of discussion the deed already referred to was drawn up and entered into. As soon as they (Mr Wickes and his party) had ascertained what had taken place and the manner in which Mr Strachan had been got at, in Mr Strachan's interests they wrote to Mr Gamlin to the effect that the Charge of Wife Desertion must also be withdrawn, or the case must be proceeded with, so that the charges might be substantiated if possible. It was for Mr Gamlin now to decide which it should be. Mr Gamlin I can't withdraw anything else. Mr Morle Then the case can't be withdrawn unless we first give Mr Strachan a chance of going into the witness box. The Clerk But you can't do that now. He is not here. Mr Morle The case may be adjourned again. As things stand it would be most unfair to Mr Strachan. I therefore ask you to decide upon one of two things—either that Mr Strachan must have an opportunity of denying on oath the charges made against him, or Mrs Strachan must herself withdraw those charges. Having regard to the deed of separation, Mrs "Strachan can no longer ask your worships to make an order, but the case is still before the court, and I ask you to bear in mind that so far it has been given the greatest publicity. Mr Gamlin said in fairness to Mrs Strachan he had something very important to communi- cate to the Bench, Mid it was respecting the telegrams that had been exchanged between the parties. It was quite evident that Mrs Strachan, being no lawyer, did not read the telegram in the same manner as the party sending it under- stood it, and she had taken it that the term charges referred only to the money transactions which she had executed under power of attor- ney. Mrs Strachan subsequently wrote to her husband on this subject, and he (Mr Gamlin) had prepared a statement of accounts which in fairness to Mrs Strachan he was ready to pro- duce. Mr Morle (interrupting) I was to have had an opportunity of examining those accounts before to-day, but as I have not yet seen a single syllable of them I object to their pro- duction at present, and consider it most unfair that they should be mentioned just now. I have endeavoured to explain to the court how the matter stands between us. The Clerk (to Mr Morle) You seem to think it is a criminal matter, but it is quite clear to me it is not. It still remains a civil action. Mr Morle I quite agree that it is not tech- nically a criminal charge, but it is a civil charge brought forward in a criminal atmosphere (laughter). The Chairman, after further argument between Mr Morle and Mr Gamlin, said there had evidently been some misunderstanding respecting the withdrawal of the charges. It was true that one side of the case had been heard, and it certainly seemed hard that it should now be with withdrawn without Mr Strachan being given A Chance of Defending Himself in any way. Mr Morle I have never heard of such a thing as a plaintiff in a court of justice being allowed to call his own evidence and then to withdraw the case without giving the other side an opportunity of replying to the charges made by the plaintiff, just as though he had vindicated his case. Mr Gamlin If you want to go on with the case, then go on. I am not going to withdraw anything that I have not been instructed to withdraw. Mr Morle: Then your client has told an untruth. Mr Gamlin Don't say that, please. Mr Morle But I do. rlhe Magistrates' Clerk The whole matter can be put in a nutshell. The complainant having asked for a withdrawal, "withdrawn" can be entered on the books. Mr Morle I first want an opportunity of denying what Mr Gamlin has stated, and what has been repeated in the whole press of this neighbourhood. The Chairman was of opinion that it would be better under the present circumstances, it the case be withdrawn, that the charges also be withdrawn, though Mr Strachan had undoubtedly entered into an agreement which made no stipulation to that effect. Mr Gamlin said he could not in any way exceed the instructions given him. Had he been so instructed, he would have been the first man to readily withdraw any charge, bearing in mind, as he did, his relations with Mr Strachan in the past. As a professional man I can't go beyond my present instructions, but if your worships think the proper course would be for Mrs Strachan to withdraw the charges, then it is » different matter. The Clerk The case must be marked "withdrawn or nothing. Mr Gamlin's position is quite simple, and that is where the matter really ends, or ought to end. How can we make Mr Gamlin withdraw anything without instruc- tions from his client 1 Mr Morle Then to solve the difficulty I will agree to a withdrawal on condition that your worships express an opinion that the evidence of desertion failed to satisfy you. Mr Gamlin took exception to this, contend- ing that Mr Strachan should when he signed the deed of separation have made that condition. Mr Morle He yielded to the solicitations of his wife, as a good many men do and afterwards regret (laughter). Continuing, he submitted that as a matter of law The Case could not be Dismissed without the sanction of the Bench, otherwise it would stultify them. All along he had only suggested that common fairness should be extended to his client, and this he was cer- tainly entitled to in a court of law. The Clerk But you do not always get com- mon fairness even in a court of law. Mr Morle I am very sorry to hear that from you. The Clerk Well, what is it to be ? Mr Morle You know what my mind is, and if Mr Gamlin desired I feel sure he could easily obtain instructions from his client as to what course to take. Mr Gamlin: I have already made my position clear. Mr Morle What I want is publicity. Publicity has been given to these foul charges, and publicity should be given to the fact that they have not been substantiated The Clerk I have told you that this is not a criminal case, but a civil one. That being the case, if the parties do not wish the proceedings to be continued in court after having first entered upon them, notice of the intended withdrawal is usually quite suffi- cient for the Bench. But if you can give me any authority according to which the proceed- ings must be continued then I shall be pleased to assist you. Mr Morle again submitted with the greatest possible respect that a summons of this sort, once the Bench had been called upon to hear it, could not possibly be withdrawn without the Bench's sanction. It would be a stultification of the court to do otherwise, and he could not agree to its withdrawal except one of the two courses he had proposed was adopted. The Clerk The Bench are quite content to allow the case to be withdrawn. Mr Morle But I contend that they ought not to allow it to be withdrawn in that way. There must be fairness to both parties. Eventually the Bench retired to consider their decision, and on their return into court, the Chairman said Application having been made by complainant for the withdrawal of this case, we allow it to be withdrawn. Mr Morle Then before the Bench closes the matter entirely, allow me on behalf of Mr Strachan very respectfully but emphatically to protest against such a perversion of natural j ustice. J The Bench took no notice of this remark but went on with further cases.

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— ASSAULTS ON YOUNG WOMEN IN FLINTSHIRE. EXEMPLARY PUNISHMENT. On Monday, at Mold, William Monaghan was summoned for assaulting Clara Davies, at Mold, on the 20th inst. and the same defendant, Robert Edward Birks, and George Henry Wilcock were summoned for assaulting Katie Lloyd, at Mold, on the same date. -M r J B Marston appeared for the prosecution.—The Chairman (Mr P B Davies-Cooke) said the Bench had decided to send the detendants to gaol without the option of a fine. They assaulted these respectable young women, whilst the latter were on their way home from a place of worship. The defendants would eich be sentenced to a fortnight's imprisonment with hard labour, and the magistrates hoped this would be a lesson to other young men who were addicted to similar conduct.—At the same court a young man named John Richard Williams, who carries on business as a grocer in Main Street, Bucklev, was charged under the Criminal Law Amendment Act with an offence against Mary Elizabeth Peters.— Mr J B Marston (Mold) appeared for the prosecu- tion, and the prisoner was defended by Mr W A V Churton (Chester).—The Bench committed the prisoner for trial at the next assizes, which com- mence at Ruthin on Thursday next.—Bail was allowed. •

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The Weather. I think it is really too bad, They are always grumbling at me, Whether at home in the farm, Or on holiday by the sea. I polish old Sol with my might Till he is as bright as can be Then soon comes a cry of dismay, Too hot, this weather for me. To oblige them I turn on the clouds, And the sweet gentle shower of rain; The gouty take at once to their beds, And toss about in their pain." Then I try a little east wind, Then comes a stitch in the side, And mufflers right up to the chin, And a grunt ere they venture outside. To cover the mire and dirt, I send the pure white snow From some a cry of delight, From the poor a wail deep and low. A thaw is next on the list, With slush in plenty for all United is the grumbling this time, And many for the doctor do call Then comes the fair gentle spring, The blue and bright open sky Soon comes a shake of the head- This weather is far toci-dry." With the primrose and vio!et sweet I cover the green mossy banks; Too forward a great deal." tbey say, Too much water, 'ts true, in the tanks." When summer gladdens the earth, They say 'Tis coldish to-day, The proper weather for Christmas, And now 'tis the middle of Alay. At last I have made up my mind, I care not if at me they rail; Without the winter and summer The harvest would surely foil. Kinmel Street, Rhyl. M. JONES.

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NFJWMARKET. A Thanksgiving Service for the harvest was held in the Parish Church on Thursday evening, October 23rd, and there was a crowded congrega- tion many were unable to gain admission. The service was read by the Rev W Lloyd Protheroe, vicar of L'anasa, and a most stirring sermon was eloquently delivered by the Rev Joseph Davies, B.A., of Holywell. The church had been very neatly decorated for the occasion with fruit, flowers and corn, contributed by the parishioners. The collection was in aid of the Flintshire Dispensary, and amounted to 118 7d,

THE BANGOR EISTEDDFOD. ALLOCATION OF THE SURPLUS. At the adjourned meeting of the Bangor National Eisteddfod Committee it was decided to hand over all the minute books of the recent Eisteddfod to the Town Council for safe custody. Mr Owen Owen had given notice to move that the surplus should he allocated in certain ways, but at the request of the Mayor he aereed to waive those suggestions, leaving the Committee a free hand. Mr Westlake Morgan questioned whether the Committee could deal with the surplus, his opinion being that the matter should be dealt with either by the guarantors or the General Committee. —The Mayor said the guarantors were simply guarantors in case of deficit, and as to the General Committee it was an inchoate body. He ruled that the Executive Committee had power to deal with the surplus.—Mr Thomas Lewis asked what advantage there was in being connected with the National Eisteddfod Association, to which half of the surplus was to be paid. As a matter of fact they had not made any surplus. They were really at a loss, for the surplus at their disposal was really the outcome of generous contributions from the people of Bangor (hear, hear).—Mr Owen Owen pointed out that the allocation of the moiety of the surplus to the Eisteddfod Association was part of the conditions on which permission to hold the Eisteddfod was granted. The Mayor deprecated frittering the surplus amongst a large number of institutions. It was better to give substantial amounts to the capital funds of prominent institutions. M r Downs, the secretary, said the amount of surplus available was £ 750. After considerable discussion half the surplus was allocated to the National Eisteddfod Associa- tion, with a request that the successful poetic com- positions be printed, together with all the adjudications on literary subjects, within three months of the receipt of the cheque. It was further decided to grant a sum not specified out of the surplus to the University College of North Wales. A sum not named was ;also allocated to the Friars School. A proposal to contribute fl34 to clear off Bangor's share of the defict on the recent Royal visit was deafeated, though strongly advocated by the Chairman. A proposal was made to allocate a sum towards the purchase of Rontgen ray aparatus for the Carnarvonshire and Angle- sey Infirmary. Mr W P Williams strongly objected. A proposal to subscribe to the local public library was defeated. Mr Thomas Lewis proposed that a sum be granted towards the current expenses of the Bangor Nurses' Institute,a proposal which was carried by 13 votes to 12. A grant was approved for the Fisheries Section of the University|College, but a proposal to devote a sum to the establishment of an eisteddfod scholarship was lost. A sum of zC34 was granted to pay the expenses in connection with preparing the Bishop's Palace for the Royal visit. The list was then closed. A committee Was appoin- ted to suggest the allocation of the amounts to each institution named and to report to the Executive.

THE ARCHDRUID AT RHYL. REMOVES TO THE BRACINC ATMOSPHERE OF THE TOWN. The Rev. Roland Williams (the Archdruid of Wales) has decided to leave Llangollen, and to take up his residence permanently at Rhyl. His determination to take this step has been largely influenced by the advice of his medical attendants, who deem that the surest way to a complete recovery after his recent severe indiposition may be found in a removal to the bracing atmosphere of the coast. In addition to this Hwfa Mon states that he finds it necessary in order to fulfil the grow- ing demands of his bardic duties that he should be more centrally located than he has been for the past fifteen years, during which he has resided at Llangollen. He is contemplating preparing his memoirs, which will form a most interesting narrative of the progress of the Welsh nationalist movement during the past decade.

BANGOR. Bringing Them to Book. James Pegram Savin, proprietor of the Castle Hotel, Bangor, sued N Higgens (of Billericay, Essex) and T C Higgens (Whyteleafe, Surrey) for 4s6d,being the balance of an hotel bill amounting to 8s. Mr W Thornton Jones, who represented the plaintiff, said Mr Savin felt bound to bring the case Jorward, although the amount involved was very small, as he wished to protect himself against a possible recurrence of the circumstance which gave rise to the claim. The defendants, the advocate understood, had sent in affidavits, but they could not be used, as the defendants were not present to support them. The two defendants arrived at th", hotel and engaged two beds, which, according to the tariff of the hotel, cost 2s. 6d. each, with Is. 6d. each for attendance. The defendants occupied separate beds, and in the morning they threw 3s 6d on the desk in payment. A bill was prssented to them for 8s. for the beds and attendance. They said they were members of the C.T.C., and declared they would not pay more than 3s. 6d., which was be- low the ordinary charge for one bed. If the defen- dants had occupied the same bed there might have been some misapprehension. The price which they wanted to pay for accommodation at one of the best hotels in Bangor would work out, including the attendance, at the charges made at a common lodging-house.—Judgment was given for the plaintiff.

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