Preece Family Tree

USED HIS CLIENTS' MONEY.

RHONDDA SOLICITOR'S ADMISSIONS.

LOST £700 IN LAW CASE.

FAILURE DUE TO STRIKE AND OTHER THINGS.

Mr. David Moy John, who has practised as a solicitor in Station-road, Porth, admitted to the assistant official receiver, Mr. E. V. Watkins, at the Pontypridd Bankruptcy-court on Tuesday that he had used money belonging to clients.

He stated that a receiving order was made on March 10. Creditors had obtained judgment against him, under one of which the sheriff was in possession. That was the cause of his filing his petition.

Gross liabilities amounted to £5,320 1s. 8d., of which £4,732 7s. 6d. was expected to rank for dividend.

The assets were estimated to produce £527 6s. 7d., leaving a deficiency of £4,205 0s. 11d. The unsecured liabilities, totalling £1,080, were in respect of clients' money received by him to invest on mortgage. Over £700 represented money as agent in respect of damages and costs.

With regard to the latter he had received the damages and not paid them over. He had also received costs which he had not paid over.

There was also an amount of £912 13s. 8d., money received from purchase of properties which had not been handed over to the vendors.

BORROWED FROM RELATIVES.

Seven hundred pounds was another item representing money borrowed from relatives and a moneylender, while £5772 14s. was money received in discharge of mortgages and not paid over to mortgagees. There was a further item of £102 16s. 6d. for counsel's fees.

Part of that sum was actually given to him to pay the barrister, but he returned it.

He was articled to a solicitor at Cardiff.

He joined the Army in 1915 and was demobilised in 1918. He was admitted as a solicitor in 1920, and subsequently practised in Station-road, Porth, borrowing £200 from a relative to start with. In the six years during which he practised he had not more than £300 a year. This amount was not sufficient to keep him, and he lived considerably above his means. It was in this way that he incurred a bank overdraft, and because of this he resorted to clients' money and used it for other purposes.

He had a joint account with his wife and intermingled the clients' money with his own. He first went to a moneylender about six months before the receiving order, when he borrowed £140. He had paid back £100.

ASSIZE DAMAGES NOT PAID.

The Assistant Official Receiver: "Did you cash some of the cheques you received?" - "No, never. I put them through my banking account."

"You have been asked by the official receiver to lodge an account showing the moneys received by you on behalf of and from clients which you have converted to other purposes, and on the other side of the account you show, as far as you are able, what you have done with the money.

"The account in question shows that you have received £3,475 6s. 6d. on behalf of and for fourteen clients?" - "That is so."

"And this money has been converted by you for purposes other than those for which it was intended. Do you say that you have been using clients' money for three years preceding the receiving order?" - "Yes."

"The result has been that in order to find money to pay something off the amounts mentioned you had to use someone else's money?" - "Yes."

"It has been more or less of a snowball for the last three years?" - "Yes."

"Did you some time late in 1926 act for a man called Fraser at the Swansea Assizes?" - "Yes."

"Your client lost the action and judgment was given for £500 and costs?" - "Yes."

"Did you pay over this £500 damages?" - "No. I paid off various other items."

"Did you receive a further cheque from the insurance company?" - "Yes, £212 6s. 5d."

"Did you pay the solicitors their tax costs?" - "No."

SPENT MORE THAN HE EARNED.

"I take it that you have not told the insurance company that you have not paid over the damages when they gave you a further cheque. They assumed you had paid for the damages?" - "I presume so."

"I take it that you could not have paid all the amounts I read out to you but for these cheques?" - "That is so."

"You have told the official received that you have had certain losses and expenses which you could calculate up to an amount of something like £3,000. Can you give us an explanation?" - "On my father's death I took charge of affairs, and shortly afterwards my mother became seriously ill. I think I can safely say that between both matters I spent about £290. I have come to the conclusion on reflection that I have been living above my income to the extent of between £250 and £300 a year.

"I paid a Mrs. Davies, of Hopkinstown, Pontypridd, £50, as I had wrongly advised her regarding a case, and also made up the purchase money of a house she was buying by £25.

"I estimate I had lost in regard to E. Davies, now dead, in regard to journeys to London, and interest, £350. I have lost in building my bungalow £170.

"I have paid £50 to John Williams because I settled a case without his instructions, and he insisted on his money in full.

"I paid a deposit on a house which I could not recover, and this was £30.

"I also lost £700 in a Chancery action in Railton v. Railton, and was out of pocket by £150.

"I lost on my car £100 and I paid £75 towards my father's tombstone.

"I am out of pocket re S. J. Thompson by about £20.

"My wedding expenses cost £75, and I estimate I have paid about £100 in extra interest through holding clients' money for a long time. These amounts make a total of £3,295."

"AMATEUR LEDGER."

The Assistant Official Receiver: "In regard to the client's ledger, how was that kept?" - "I am afraid it was not properly kept. I did not keep it myself."

"It was never balanced?" - "That is so. It was quite of an amateur nature."

"So you agree that the books of account kept by you were not proper books of the kind as should be kept by a solicitor?" - "I honestly admit that."

"You really say your books have never been balanced or totalled?" - "Well, no. They were made up out of my head or on a scrap of paper."

"Have you got those scraps of paper?" - "I am afraid not."

"It would be impossible for any accountant to get at your position from your books?" - "Quite."

"What are some other causes of your failure?" - "There were several strikes."

"Would they affect you as they would a tradesman?" - "Yes."

"Did you have any anticipation of an improvement in your position?" - "Well, I thought I had resources which I could go to, but they failed."

The Registrar remarked that the debtor had apparently made a full disclosure, and he would close the examination.

FUNERAL OF MRS. THOMAS GRIFFITHS AT MUMBLES.

The funeral of the late Mrs. Mary Griffiths, J.P., a well known Rhondda lady magistrate, which took place at the Mumbles Cemetery, Swansea, on Thursday afternoon, was a very impressive one, although it took place at a place remote from the scene of the lady's chief life activities.

Mrs. Griffiths was the wife of Mr. Thomas Griffiths, M.E., J.P., formely director and general manger of the Insoles Cymmer Collieries, and sister of the late Mr. Tom John, Llwynypia, and she was (as already stated) a lady who had occupied many important public positions in the Porth district.

There was a large attendance of relatives and friends from many parts of Glamorgan at the house, at which Mrs. Griffiths died in her retirement, namely, Longfield, West Cross, Mumbles, and many others attended at the graveside at the cemetery.

At the services the Revs. A. Smith (Mumbles), E. C. Davies (Ynyshir), and D. Mark, M.A. (Porth), officiated.

The chief mourners were Messrs. John Griffiths and W. Griffiths (sons), Evan Lewis, John Preece (brother-in-law), D. Moy John, solicitor (nephew), H. E. Thomas (son-in-law), Rhys Morgan (son-in-law), David Preece, Trefor Preece, and Arthur Preece (nephews), H. Cook, H. Wakefield, David Evans (Llandilo), the Rev. J. D. Jones (Cellan), Thomas Thomas (nephew), David Evans, Trefor Griffiths (grandson), Willie Thomas (nephew), John Griffiths and W. Griffiths, Los Angeles (nephews), Moy Evans, David Davies (Porth), F. G. Martin, W. Jackson, W. Rowlands, R. Llewellyn, W. Williams, John Thomas, John Samuel, Timothy Evans, M.E., John Morgan (Abertridwr), T. Day (Abertridwr), E. S. Williams, M.E. (Porth), W. B. Davies, M.E. (Porth), Dr. Marks, Rev. W. James (Swansea), Mr. J. Morgan (Porth), Messrs. H. J. Williams (Porth), J. D. Rees (Barclays Bank, Porth), John Hughes, J.P. (Porth), Octavius Thomas (Porth), John Davies (Porth), Wm. Chenery (Porth), Councillors Mark Harcombe, Abel Jacob, James James, and John Hughes, Messrs. J. H. Thorne, Gwilym Morgan, Griffith Morgan, H. E. Morris, and J. E. Lloyd (clerk to the governors of the county school), while at the graveside were also Mr. and Mrs. Arnott (Midland Bank, Porth), Lady Nicholas, Miss Harris (County School), Mrs. John Kane, Mrs. Dr. Davies, the Rev. and Mrs. Mark (vicar of Cymmer), Mrs. J. T. Lewis, Mrs. Davies (Brynbedw), Mrs. Lewis (Tylorstown), Mrs. Dr. Davies (Poplars, Porth), and Miss E. M. Harris (Porth County Schools).

The services were very impressive, and the large congregation joined in singing with great earnestness the hymns "Lead, Kindly Light" (tune "Sandon"), "Jesu, Lover of my Soul" (tune "Aberystwyth"), and "Daeth yr Awr" (tune "Lausanne"). Over 70 wreaths and other floral tributes were sent by sympathisers.

References to the loss sustained by the death of Mrs. Griffiths were made at Porth Police-court on Thursday by the Rhondda stipendiary (Mr. D. Lleufer Thomas, M.A.) and Leiut-col. D. Watts Morgan, C.B.E., D.S.O, M.P.

ALLEGED CONVERSION

WELSH SOLICITOR COMMITTED FOR TRIAL AT ASSIZES

Six charges of alleged fraudulent conversion of moneys entrusted to him to pay other people were preferred against David Moy John, aged 33, formely a solicitor of Porth, Rhondda, at the Porth, Glamorgan, Court yesterday.

John was arrested at Liverpool on Saturday night, and was brought up in custody after having failed to obtain sureties.

Mr. David Rees, Pontypridd, who appeared for the Director of Public Prosecutions, stated that John had received from four different persons sums of £100, £110, £120 and £160, to be invested upon mortgages in the district. He did not complete the deeds, nor pay over the money, but, it was alleged, converted it to his own use.

At the Glamorgan Assizes in November he acted for the Century Assurance Company, who defended an action brought against them in respect of the death of a man who was killed in a motor car accident.

The company lost the action, and judgment was given against them for £500. Of this amount £150 was to be paid the widow, and the balance paid over to the Pontypridd County Court in trust for the children of the dead man.

The insurance company paid John this sum, with his own costs, amounting to £250, and later they sent him a cheque for £212, the taxed costs of the solicitor for the plaintiff.

It was alleged that John converted the whole amount to his own use, and had not paid any of these sums to the persons entitled to them.

John, who pleaded "Not guilty" and reserved his defence, was committed for trial at the Glamorgan Assizes.

Identical articles appeared on the same day in the following papers:
Western Daily Press - page 8
Newcastle Journal - page 5
The Scotsman - page 5