Kentish Gazette, 17 March 1857.

WOODHARD v. BENSTEAD AND OTHERS.

Civil Side. (Before Mr. Justice Cresswell.)

This was an action of ejectment to recover possession of a beer-house and two cottages in West-street, Blue Town, Sheerness.

It appeared that the property had been purchased by John Benstead from a Mr. Carey, at Faversham, some years ago, and that in the year 1847 Benstead wanted to borrow £128 from a building and loan society at Sheerness. He then offered to mortgage this property, but upon Mr. Ward, the solicitor to the society, inspecting the deeds, he found that there was a term of lives convoyed to the son of Benstead, namely, Robert James Benstead. He then told Benstead that his deeds were no security unless this reserved term were also assigned, upon which Benstead said that the whole property was his, and that the name of his son, who was a mere boy at the time, had been put into the deed, because at that time there were reasons why he thought it wise to secure ail interest in the property in another name besides his own. In 1849 the firm of Meux and Co. bought the public-house called "The Smack" and the two cottages adjoining; but eventually it was necessary to have recourse to the Court of Chancery to obtain the deeds from the building society. On the other side it was denied that Robert James Benstead ever signed away the rights which, it was alleged, had been reserved.

The cause was tried at the last assizes, when the denial of the signature of Benstead having taken the plaintiffs by surprise, a verdict by consent was taken for defendants, with leave to move for a new trial.

It was now proved, on the part of the plaintiffs, that the property was in the hands of John Benstead, who let the cottages, received the rents, and paid tradesmen who did work at the public-house which he kept, and that Robert James was never seen to exercise any right of ownership.

Mr. George Ward, solicitor, swore that in order to oblige Benstead by letting him have the money sooner, he engrossed the deed himself without first drawing a draft of it; and that when that was done, Benstead and his son came to his office, and after explaining to them the nature of the deed, they both signed it; and eventually Ward paid to Benstead the loan of £128, less £10, the expenses. The deeds were then put into the building society’s box, and remained there until the action last year.

Edwin Taylor, who was at that time in Ward’s office, but was now in a linendraper's establishment at Wattage, in Berks, swore positively to a distinct recollection of the Bensteads being at the office of Mr. Ward, reading over the deed and explaining its nature, of its being drawn without any previous draft by Mr. Ward (a most unusual course), and of making a copy of the deed after it was signed.

The defence was simply that the property was never John Benstead’s, but that Robert James Benstead, the son, earned a great deal of money in his youth, and, being then nineteen, invested his savings in this property; that his father had the freehold of the land; and that he never signed the deed of conveyance.

Robert James Benstead said that he recollected when he first took a lease from Mrs. Carey, in 1839. Was then about 19 years of age, and had saved about £80. Had 18s. a week from Mr. Jackson. Lived with his parents, and, as "it never cost him anything for grub," he put all his money by. He had a boat of his own when about 14 years of age, and often earned large sums of money by assisting vessels ashore. [When questioned as to dates, he did not appear to have any idea of the measurements of time, and inextricably confused his earnings before and after the purchase of the property.] Never was at Mr. Ward's office with my father but once, and that was on a Sunday evening. I went to sign a piece of paper. My father asked me to go; and I signed half a sheet of paper. I don't know what it was about. It was never read to me. It was about 11 years ago. It was before I went into possession of "The Smack." I never saw the deed produced until the last trial. I never wrote my name on it, or signed it.

Cross-examined:— Was married in 1840, and saved very little since then. Father never was engaged in any smuggling transactions. When I went to Mr. Ward's, there was half a sheet of foolscap paper ready for me to sign. I was taken all of a heap. I had just come in from sea, and had my water boots on. Am positive that I never signed a parchment deed. Could read and write only a very little. Father never said a word what it was for.

John Benstead, of Sheerness, father of the last witness, equivocated and contradicted himself so grossly, that at length the judge asked whether the learned counsel for the defence would pursue further.

Mr. Hawkins and Mr. Denman at once threw up their brief.

The Judge:— It is quite clear that this is a most infamous defence, grounded upon an imputation of forgery against a gentleman of the legal profession. I doubt whether there is evidence to sustain an indictment, or it should not stop here.

Serjeant Shee:— Your lordship will give us possession.

The Judge:— Yes, immediately.

The. jury then, under his lordship’s direction, returned a verdict for plaintiff.