Symud i'r prif gynnwys
Cuddio Rhestr Erthyglau

12 erthygl ar y dudalen hon

County Court.

Newyddion
Dyfynnu
Rhannu

County Court. THURSDAY: Before His Honour Judge William Evans. A CASE ADJOURNED. This was a case in which John Pugh Morgan, Beguilly Vicarage, sued Thomas Pugh Beddoes, North Parade, Aberystwyth, for £50 in respect of the lease of 33, North-parade. Mr. Hueh Hushes (for Mr. A. J. Hughes), appeared for plaintiff." and Mr. William Davies (Messrs Smith and Davies) for the defendant. By agree- ment, plaintiff agreed to grant defendant a sixty year lease of 33, North-parade, at an annual rent of £30. In the event of disagreement, the Registrar of Aberystwyth Court was to settle the terms of the lease and that had been done, but the defendant refused to accept. Mr. Hughes said the application was for the re- covery of the £50. and an order to compel the defendant to execute the lease. An order had been made for defendant to answer interrogatories, but had failed to comply with that, although he had been written to on more than one occasion. Mr. Davies said there was no intention to disregard the order of the court in any way. The clain had only been entered on the 2nd of the present month—the last day possible. He had applied for particulars of the claim, but had not had them. His Honour But that was no answer. Mr. Davies: Until the defendant has these particulars it is impossible for defendant to file his affidavit. His Honour: He can file his affidavit, although there is nothing in it. Davies asked that the case should be ad- journed, in the meantime plaintiff to file the par- ticulars in that case on behalf of the defendant he would undertake that the affidavit was properly filed. Mr. Hughes In fourteen days ? Mr. Davies Yes. His Honour agreed to the case being adjourned, defendant paying the costs of the day, and the question of the order to be reserved. Defendant was to answer interrogatories within ten days and plaintiff to give particulars. MEN AND WOMEN OF WALES." INTERESTING CASES FOR TOWNSPEOPLE. The only other cases on the list were the ones in which the "Western Mail" Limited, Cardiff, sued Professor Edward Edwards, U.C.W., Aberystwyth, Alderman Peter Jones, J.P., John Jenkins, ex- mayor, Snowdon House, and A. J. Hughes, town clerk, for the recovery from each the cost of <62 2s. of a book entitled Contemporary Portraits and Biographies of Men and Women of Wales."—Mr. Walter Scott, Cardiff, appeared for the plaintiffs, and Mr. Hugh Hughes for the defendants. The case against Professor Edwards was first taken. Mr. Scott said the defendant gave a signed order for the book which was afterward delivered, which order was admitted. He put in the order and sub- mitted that he had made out his case. Mr. Hughe;, opening for the defence, said the order was given for a book entitled Men and Women of Wales," but the book as delivered con- cerned Men and Women of South Wales and Monmouthshire." Mr. Edwards, one of the defen- dants, was one of the professors at the Aberyst- with College, and just before the installation of the Prince of Wales as chancellor of the Welsh Uni- versity, plaintiffs sent a representative to Aber- ystwyth who saw the defendant at the College and said they intended taking advantage of the occasion by bringing out what the representative termed a gallery of portraits and biographies of representa- tive men and women in Wales who have identified themselves with the higher education movement in the Principality." When the book came out it was found that if they wanted a directory of a builder, or undertaker, or tradesman, it would be very use- ful—(laughter)—but it was not a book that answered the purpose for which the defendant agreed to purchase. Plaintiffs' representative said the book v»wld contain portraits and biographies of members of Parliament, naming them as well as the members of the staffs of Cardiff and Bangor Colleges. The book. however, showed that that class of people was conspicuous by their absence. The Judge thought that the order formed that contract; but Ir. Hughes said that the state- ments made by the canvasser formed the basis of the contract, and the Judge said he would hear the evidence. Lrofesor Edwards was then called and said he asked the canvasser for an idea of the book and the canvasser then showed him certain portraits, one of which, he believed, was that of the Marquis of Bute. The canvasser also mentioned that it would contain members of the Cardiff and Bangor professorial staffs, and mentioned by name Princi- pals Viriamu Jones and Reichel. The canvasser also said that all the members of the Aberystwyth College staff had eagerly subscribed their names. He (Professor Edwards) fearing to make himself conspicuous by refusing to appear among his friends—which was the last parting shot of the canvasser—(laughter)—gave the order. Other names mentioned were those of friends of defen- dant on the University Court such as Aaron Davies, Pontlottyn, Alderman Thomas Jones, Newport, and others. When the book was delivered it did not contain portraits and biographies of men and women of Wales who had taken part in higher education. It was a book containing portraits and biographies of anybody who liked to subscribe. Mr. Hughes Builders and tradesmen. Defendant: Yes, and public-house keepers (laughters). It was not representative of Wales. Mr. Hughes It speaks of men and women of Wales. How many women are there ? Defendant: I believe there are three. The Judge: The three Graces (laughter). Continuing, Professor Edwards said he sub- scribed for a portrait gallery of those men and women who had taken a leading part in Wrelsh education and the book was absolutely useless for that purpose. In cross-examination, Professor Edwards admit- ted that he did not see the portraits of the men he named. There was one member of Parliament, Sir John Jones Jenkins, put at the commencement of the book to give a good impression, but the others were not mentioned. There were portraits of a lot of Aberystwyth men in. The Judge said the point was that the whole scope of the book was different to what defendant was led to believe it would be. Professor Edwards, in continued cross-examina- tion, said he took it for granted that the consent of the public men and women of Wales would be obtained. The book contained the portraits of Principal T, F. Roberts, Miss Anna Rowlands, Professor Angus, Professor Anwyl, Dr. H. Lloyd Snape, Mr. Alan Murray, and Professor Edward Edwards. He could say that that was not a very good assortment of the Aberystwyth staff. Every member of the staff to whom he had spoken had complained of the nature of the book, but he could not say that anyone besides himself had refused to pay. The name of no one was mentioned by the canvasser who was not connected with the educa- tion movement. He did not mention the names of Alderman David Roberts -and Alderman C. M. Williams. If he had, with all all due respect, he (Professor Edwards) would not have subscribed. Re-examined by Mr. Hughes: Nine of the Aber- ystwyth College staff appeared in the book, but he believed there were nearly thirty. The reason why the others had paid was that they did not like to appear publicly in the County Court (laughter). He was persuaded to fight it on principle. He had no objection to the men whose portraits appeared, but they were not men connected with the educa- tional movement. Dr. Lloyd Snape was called, but his evidence was not taken, as the canvasser's statements were made to him in the absence of Professor Edwards. He admitted that he had had a copy of the book and had paid for it, but he was sorry he had done so. This concluding the evidence, Mr. Scott sub- mitted that Prof. Edwards's evidence did not pre- vent plaintiffs recovering on the order. His Honour, giving judgment, said, supposing defendant ordered a book of portraits and bio- graphies of people connected with the educational movement in Wales, and the book was to apply to such people only, would there be a compliance with the terms of his order ? The question was one of a fact. Was there a contract between the parties ? The evidence of contract was contained in a small card, on which was printed "Contemporary por- traits and biographies of men and women of Wales." If that stood alone, no doubt the defendant would be liable; but it was said that he was not liable, because he specifically was told that the book would contain the portraits of men and women who were concerned with the higher education of Wales. There were other statements also that the book would contain portraits of various people named all connected with the educational move- ment. Professor Edwards, in order to be sure, asked if it was to be confined to the people men- tioned by him because that was the class of work lie wanted, and he would not have bought any other work. The parties were not agreed and he (the Judge) was not- satisfied that the defendant agreed to take a work of that character. It was a very snmptous work and well got up, but even if the work was worth more than two guineas the defendant as entitled to say that it was not the book that was sold to him. The canvasser was not called and Professor Edwards' evidence was not shaken in cross-examination. Therefore he found, that thou j it was work which contained a percentage of the leaders of the educational move- ment yet was not a work confined to them and consequently he non-suited the plaintiffs. The case against Alclerrr:an Jones was then taken. The defence, Mr. Hughes said, was that the can- vasser represented to him that the book was to be confined to the portraits of public men and officials of South Wales. The Judge asked what constituted a public man? Mr. Hughes replied leplied that Mr. Peter Jones was told it would contain the portraits and biographies of the chairmen of the Quarter Sessions, the lords lieutenant, the chairmen of the County Councils, and others holding a similar position. All those were to appear but they were conspicuous by their absence. An order was signed in that case as in the previous one. Peter Jones, giving evidence for the defence, said the canvasser said the book would contain portraits and biographies of public men and officials of South Wales and Monmouthshire. He said it would contain portraits of the Chairmen of Quarter Sessions and particularlY of Mr. Willis Bund and his predecessor, Colonel Lewis of Llanlear. It would also contain chairmen of county councils since their formation and gentlemen connected with intermediate education. With the exception of one chairman, the chairmen of Cardiganshire County Council did not appear, though five or six had occupied the position since its formation. He wrote saying it was not the book he had subscribed for and had returned it. It did not contain por- traits or public men and officials of Cardiganshire, Pembrokeshire, and Carmarthen. His (Mr. Peter Jones's) portrait and biography were not there. Cross-examined: Mr. Hopkins, builder, and Mr. David Lloyd, builder, whose portraits did appear, were not public men. Mr. David Lloyd had been chairman of the Aberystwyth Board of Guardians, but was not and would not claim to be a public man. Though it included some of the portraits of public men and officials it did not contain the portraits of public men and officials of Cardigan- shire whose names had been given. He did not send his portrait or particulars for a biography as he was not asked to. The canvasser said he had colonial experience and was very talkative. The Judge on this case also gave a verdict for defendant, remarking that it was unfortunate that the terms of the contract were not put clearer. The claim against Mr. John Jenkins was next gone into, when Mr. Hughes, after the signed order had been put in for the plaintiffs, said that the can- vasser made use of Mr.|Jenkins by getting informa- tion from him who were the persons at Aber- ystwyth likely to subscribe to that book. In fact, he made considerable use of Mr. Jenkins and used his influence, representing to him that as a recompense or reward his portrait and biography should appear in the book free of charge (laughter). However, that was not the {defence. The defence was that before the canvasser left Aberystwyth he went to Mr. Jenkins and told him that several gentlemen whom he had spoken to object. 1 to their portraits appearing if his (Mr. John Jenkin's) portrait and biography appeared in the same book that it was to be confined to a certain class. The Judge What is Mr. Jenkins ? Mr Hughes replied that he was the owner of livery stables and quarry owner. The canvasser asked Mr. Jenkins if he would mind his name being left out from the first volume. Mr. Jenkins said he did not mind, and then the canvasser said it should appear in the second volume (laughter). No portrait or biography of Mr. Jenkins appeared in the first volume or even in the second volume, if a second volume was ever published (laughter). The Judge said that was not quite such a good defence as the others. Mr. Hughes added that Mr. Jenkins was a respectable man, was a member of the Council, and had been mayor too. John Jenkins, defendant, giving evidence, said he saw the canvasser three or four times a day for a week, and gave him names of people to see. He said he was told by his firm to go to him (defendant) for names and that he was to have his portrait and biography in the book for nothing for it. On the Sunday afternoon the canvasser called on him and said that three or four withdrew their subscriptions if his portrait or biography was to appear (laughter). He mentioned Mr. John Wat- kins, and said there were three or four who with- drew their names. The canvasser said they were very funny people in Aberystwyth (laughter.) They would not put their names in without getting their choice, and some had objected to him. He asked if there was any objection to letting his (defendant's) photo to be out. He said we are going to have another book, and we will put it in there (laughter.) He [did not want the book and he did not want his photo in, and he never heard a word until he got the book. He had signed the ordsf because the canvasser said he wanted to show other people that he had received it. He said when the order was signed that the portrait should appear in the book, and it did not appear. The Judge: Does that make the book less valuable ? Mr. Hughes I don't know, but I daresay Mr. Jenkins would have liked his friends to see his portrait, and to see what he has been and done. The Judge said it was clear that the canvasser in that case had exceeded his instructions, as his duty was to canvass and he had no orders to say whose portraits should be accepted or refused. Judgement would be given for the plaintiffs. The case against Mr. Arthur Hughes, who was in London, was adjourned.

Board of Guardians.

Rural District Council.

TREGARON.

LLANON.

WELSH WESLEYAN ASSEMBLY.

LLANDDERFEL.

LLANUWCHLLYN.

BRONGEST.

ABERFFRWD.

PONTRHYDYGROES.

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