The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1885-10-17 00:00:00

THE COST OF A LOAN,

On Monday, in the Lord Mayfor's Court, London,
the case of De Jersey v. Mobbs was heard before the
Recorder (Sir T. Chambers, Q.C., M.P.) and a jury.
It was an action brought by Messrs. De Jersey aud
Preston, mortgage brokers, of Tokenhouse7buildings,
to recover the sum of £2O, commission ott raising a
loan of £5OO for the defendant on the mortgage of
certain property in Nile.street, Roston, Mr. Lewis
Glyn was counsel for the plaintiffs, and Mr. Groom
for the defendant. The case for the plaintiffs was that
the matter was introduced to them by a Mr. Faithfull,
a solicitor, who signed a contraCt note on behalf of the
defendant, and described the property as being good
security, the title of the defendant being substantiated
in a recent action. The plaintiffs found some one
willing to lend the money, but upon investigation it
was discovered that defendant's title was bad, and
that he had already been deprived of the possession
of the adjoining property. The plaintiffs' client,
therefore, declined to advance the money because the
defendant could show no title. For the defence, Mr.
Faithfull admitted that although he signed the con-
tract note he had no authority from the defendant to
do so. It was also contended that the defendant's
title to the property was good, and that he had
defended his title in an action in the Chancery Divi-
sion. The plaintiffs were aware that the property was
dilapidated and not worth much, because they were
to charge 40 per cent. interest for the loan. The
jury found for the plaintiffs for the amount claimed.

A farmer from Onion Creek came to Austin not long
since, and seeing the fence around the new Capitol
covered with pictures, and thinking it was the
bulletin board of some illustrated paper, rode around
the enclosure three times hunting for the office so
that he could subscribe.

THE ROMANTIC ELOPEMENT WITH A
WARD IN CHANCERY.

At Worship-street Police-court, on Saturday
Patrick John Kavanagh, 20, described on the charge-
sheet as a gentleman, but stated to be also a medical
student, giving an address at Jordans Town House,
Whitehall, county Kilkenny, Ireland, who had been
arrested on a warrant, under circumstances already
reported, was brought up on remand charged with
having feloniously and fraudently detained one
Kate Florence Geraldine Wilson, a woman under
the age of 21, out of the custody and control and
against the will of David William Wilson, her
father. Mr. J. Macdonell, barrister, instructed by Mr.
Elliott, solicitor, appeared on behalf of the parents
of Miss Wilsop for the prosecution; and Mr. O'Brien,
solicitor, rep?esented the accused. The latter had
been in custody during the week on remand—a matter
of which he loudly complained in conversation—but
it early became known that, notwithstanding the
strong language used by the prosecuting solicitor on
the previous examination, calling the prisoner an
adventurer, and asserting that it would be proved
that he had induced the young lady to elope with him
from her father's house at Tunbridge Wells by repre-
sentations that were wholly false, the prosecution did
not intend to proceed, at any rate at this sitting,
with their case against the prisoner. Those concerned
in the matter asserted that it was intended to take a
further remand, the prisoner to be allowed out on
bail, and the ceremony of marriage to take place in
the interval.
Prisoner's brother, a gentlemanly-looking man of
somewhat military appearance, was in court on his
brother's behalf, and the prisoner himself, it was
understood, had, after communications from the other
side, consented to the course proposed. He repeated
his assertion that his intentions were good and
honourable towards Miss Wilson, and that had he
been able, during the fortnight they were together
as man and wife, the marriage ceremony
would have taken place. The prisoner had been
visited by a friend of the family, and to him had ex-
pressed the pleasure he would have in fulfilling the
"wish of his heart," and this friend of the family,
Mr. O'Connor, solicitor, of Dublin, subsequently csr-
ried on the arrangements with the prisoner's brother,
and was in court with Mr. Wilson and Mrs. Wilson,
parents of the young lady. The latter herself was
not present, the fact of the arrangements rendering
her presence unnecessary. It was suggested that
before the marriage could take place the consent of
the Lord Chancellor (the young lady being a ward of
Chancery) would be necessary, but counsel thought
not. The hearing was delayed until late in the morn-
ing in consequence of some heavy night charges. It
was, in fact, a quarter past two o'clock when the pri-
soner was nut into the dock.
Addressing the magistrate, Mr. Macdonell said: In
this case, sir, I have to make an application to your
Worship. You may recollect that this was an appli-
cation for committal.
Mr. Hannay It was a charge.
Mr. Macdonell: Yes, sir, under the 24 and 25 Tic.,
cap. 100, sec. 53, and you were good enough to order
a remand in the case. I have been instructed in this
matter, and it became my duty to look into the evi-
dence in regard to the charge. I then came to the
conclusion that there was no evidence which I could
submit to you in support of the charge. The statute
requires it to be shown that the prisoner fraudulently
allured and detained the young lady, and so induced
her to leave the custody and control of her parents.
Mr. Hannay: The point is fraudulently. The
alluring would be out of my jurisdiction.
Mr. Macdonell: Precisely, sir. I find no evidence
in regard to that head at all, and it was my duty to
inform the gentleman who instructed me in this
matter, and my advice was that they ought to with-
draw from the prosecution. That advice they are
prepared to act upon, subject to your consent. I may
say this also, that since the last occasion opportunity
has been given to inquire into the family position and
circumstances of the prisoner, and I may say that
though the prisoner is not of a station in life which
Mr. Wilson might expect his daughter to marry into,
still he is of a respectable family, and there is nothing
against him for the family to object to. Under these
circumstances I propose to call no evidence, and will,
with your Worship's permission, withdraw from the
charge.
Mr. Hannay: Is Mr. Wilson in court?
The Gaoler (Sergeant Connell) : He is outside, sir.
Mr. Hannay: Well, I don't know that I need ask
him any question.
Mr. Maodonell : I think not, your worship.
Mr. Hannay: So far as I am concerned, I have no
objection to the course proposed being taken, in fact,
I think it is perhaps the best ending of the case,
whatever the evidence might have been. What is
done cannot be undone. As the matter has been
hinted to me, a course will be taken—indeed there is
only one mode of repairing what has been done—and
I hope that that way will be found to be practicable.
Mr. Macdonell: I have no doubt that it will be
found to be so, and that the words you have uttered
will weigh with the accused.
11Ir. Hannay: -Very well, you may go.
The accused bowed and left the dock.