Sheffield Daily Telegraph – Monday 09 September 1907
Illegal Pawning At Denaby.
An Interesting Case.
An interesting case relative to the power of husband to regain possession of goods pawned by his wife without his authority was Saturday heard Doncaster.
The prosecution, brought by Mr. W. Baddiley, on behalf of Edmund Power, a weigh clerk Denaby, and a retired Sergt.-Major from the army, was under the Pawnbrokers’ Act, 1872. The defendant, however, who was represented by Mr. Allen, was Herbert H. Wray, pawnbroker, of Denaby.
Mr. Baddeley asked the magistrates make an order for the recovery of certain goods illegally taken into pawn by defendant.
Complainant said that on the 29th August he went to his work, and on his return missed a mahogany sideboard, an eight-day wooden striking clock and a Bible. His wife and the two children (one a niece) had gone. He discovered subsequently that the articles had been pawned at Wray’s, where the assistants refused to give them back to him. He gave information to the police and took legal advice. He had kept his wife well supplied with money, giving her £8 on taking his pension on April Ist, and on July Ist.
Cross-examined by Mr. Allen, complainant said his wife had left him many times. She might have gone to Blackpool. He had two other children, one in the Royal Navy and one in the Army. The latter was at Blackpool, but he had no knowledge that his wife had gone to bring him back. Continuing complainant admitted that his wife had been in the habit of pawning goods for years.
By Mr. Baddeley: The reason he had previously taken no action was because of his position as Sergt.-Major in the army. He was ashamed to do so. He left the army with an exemplary character.
Mr. Allen said the defence was that the complainant had given his wife an implied authority by not giving notice to the pawnbroker, although he knew the pawning had been going on for years.
Witnesses were called for the defence, and Edward Taylor, manager for Mr. Wray, admitted under cross-examination that had made no inquiries about the woman’s husband, believing her story that she wanted the money to go Blackpool and get her son back.
The Bench ruled that the goods had been illegally pawned, and made an order for their recovery.
Mr. Allen thereupon asked for a warrant to be taken out against the woman for illegally pawning, but was informed that he would have to proceed by process of ordinary summons.