Children of Mary and Richard Harding

FREDERICK HARDING,

CARPENTER AND BUILDER,

SHIRLEY.

(Established 25 Years.)

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Dealer in Loam, Peat, Sand, Gravel and Flints to the Croydon Local Board of Health, &c., &c.

FREDERICK HARDING,

CARPENTER AND BUILDER,

SHIRLEY.

(Established 28 Years.)

____

Dealer in Loam, Peat, Sand, Gravel and Flints to the Croydon Local Board of Health, &c., &c.

A CURIOUS CASE.

Davis v Baldwin.—This was an action to recover £35 11s. 10d. under somewhat singular circumstances. Mr. Hart, barrister, instructed by Mr. Streeter, appeared for the plaintiff, and Mr. Laxton, barrister, instructed by Mr. Dicken, for the defendant.

Mr. Hart, in opening the case, said the defendant was a timber merchant, of Brighton-road, Croydon, and the defendant a railway inspector and sub-contractor of Salop. The whole question was whether the defendant was what was technically term an executor de son tort; whether he was one who had come into possession of the estate of a deceased person, and without any authority for so doing, either as executor or administrator, had so intermeddled with the estate as to make himself liable either to the creditors, legatees, or others. A Mr. Harding, whose property was the subject of dispute, died in the year 1879, leaving no children, and as far as they knew leaving no will. His widow proved no will, but continued to carry on the business for about six months. On the 19th of April, 1880, she also died, and he was instructed that on the 12th of June the defendant, her brother, took out letters of administration to the estate, which was worth nearly £200, and then proceeded to get in the debts of the estate. He sold the goodwill of the business and the furniture of the house, and without taking the trouble to see whether Mrs. Harding had taken out letters of administration or proved under a will, meddled in such a way as to make himself liable for any debts standing out against Mr. Harding's estate. He tried to get in outstanding debits, and published in the newspapers advertisements for claimants against the estate to send in their accounts. The defendant had replied to various questions that had been put to him. He said that he had not, nor had any person by his orders to his knowledge receive any money, property, or effects belonging to Frederick Harding. He next said that he did not cause any of the debts of Frederick Harding to be paid. He (Mr. Hart) did not believe all the replies were correct. Mr. Pearson, of Shropshire, the defendant's solicitor, had state in a letter that his client was willing to divide the money he was in possession of as executor of Mrs. Harding, between the creditors of Mr. and Mrs. Harding.

The plaintiff stated that he formerly supplied goods to Mr. Harding, who at the time of his death owed witness £35. The widow retained the premises, but did not have any good from him.

Robert Hutchinson stated that he was employed by Mr. and Mrs. Harding for sixteen years, and kept the books for them at their dictation. Since their death he had not received any instructions from the defendant to get in the accounts owing to the late Mr. Harding. Witness did not leave the premises until about two months after Mrs. Hardin's death, and during the interval he passed over to Mr. Arthur Harding, the nephew, all the money he received. He drew out a list of debtors at the request of Mr. Baldwin and Mr. Arthur Harding.

By Mr. Laxton—The widow carried on the business from the 16th of September, 1879, until her death.

The defendant stated that he acted as administrator to the effects of his sister. He sold the business premises and the plant and stock to a Mr. Bray for £70, and allowed Mr. Arthur Harding to take the furniture and sell it. The sum of £50 was received at once from Mr. Bray for the furniture, and was transferred to Mr. Dennis, Mr. Arthur Harding's solicitor. Witness had never seen his brother-in-law, the late Mr. Harding, and had not seen his sister for twenty or thirty years. He did not know that the workshops and plant formerly belonged to her husband.

By Mr. Laxton—He took out letters of administration and acted under them.

By his Honour—He always thought that the furniture had been bought by his sister.

Mr. Laxton having stated that he had been instructed that Mr. Harding left a will leaving the property to his wife,

His Honour said he thought the defendant was much to be compassionated, for he had acted to the best of his ability. He would adjourn the case in order than at an attempted might be made to discover the will, and he would be very glad if the parties came to a friendly agreement in the meantime.

Richard Harding, of the Labourer's Dwellings, Croydon, appeared to answer an adjourned summons for neglecting to contribute towards the maintenance of his son, who is in an Industrial School.—Mr. Harris, Inspector of Industrial Schools, said the defendant's son had been in the school one year and eight months and defendant had not paid one farthing. The wife had said in court that they did not intend to pay. The arrears amounted to 19s. 6d. The prisoner had been given a month to find the money, and now they were as far off as ever.—Defendant said he was unable to pay the money. He had been allowed a month to pay the money in, but had lost his work through this case, and therefore could not pay.—In reply to the bench, prisoner said he had not goods of sufficient value to pay the arrears and bench costs, consequently he was sent to horsemonger lane [both initials lower case in the original] Gaol for 14 days.

Sad Suicide.—Dr. C. O. Fowler, deputy coroner, held an inquest on Tuesday afternoon at the Wellington, Mitcham-road, concerning the death of Ann Harding, aged 49, who was found strangled in her bedroom the previous day.—Richard Harding, the husband, who resides at 134, Mitcham-road, stated that he last saw the deceased alive at half-past nine the previous morning when he went out in search of work. She was then engaged with her sister in making the beds. Witness returned at a few minutes past one, when he enquired for the deceased. The sister said the deceased had gone upstairs to lie down. Witness went to the room and found the door locked with the key inside. He being unable to get an answer forced the door, and was horrified to find the deceased hanging from the rail of the bedstead. She had got from the drawer the handkerchief of witness, fastened it round her neck and so hung herself. Witness then went for Mr. Carter, a neighbour, who returned and cut the handkerchief. The deceased had been in poor health for the past three months, complaining of headache and weakness. She had been attended by Dr. Coles, and during the past week by Dr. Ormerod, both of whom agreed that the deceased required watching. Although the deceased had never threatened to do herself any injury she had said that she felt that something was going to happen. There were no difficulties of any kind and the deceased seemed happy and contented.—Alice Harding, the sister, said it was the habit of deceased to go upstairs and lie down, therefore she did not take any notice of the time she was away. Henry Carter, 128, Mitcham-road, stated that he was called by Mr. Harding to the deceased at a few minutes past one one Monday. He cut the deceased down. Witness had known Mr. Harding for 25 years, and the deceased for 14 years, the time they had been married.—Dr. O[r]merod, of London-road, Croydon, stated that he was called to the deceased on Monday, at about 2 o'clock. She had evidently been dead some two or three hours. The cause of death was suffocation by strangulation.—The jury concluded that the deceased took her own life while in a state of unsound mind.