An Action for Detinue

Mordecai Timm was the landlord of the Municipal Inn on Burgoyne Road, Sheffield in December of 1884 and he had a daughter named Annie Eliza. So when she started to court a young man called Alfred Smith on a regular basis, he had great hopes that he might be getting his daughter married off at last! Smith, who lived on Greaves Street, Walkley, Sheffield had a good job as an engraver so Mordecai was delighted at Christmas of 1883 when the pair announced their engagement. They had agreed to get married in August 1884 and happily planned their nuptials. Mordecai was even more pleased when Annie told him that they were planning to buy furniture for their future home together. He told his daughter that they could store the items in the empty clubroom of the Municipal Inn.

Alfred Smith was delighted at this and he told Mordecai that he was going to pay a weekly amount of money to Annie so that she would be able to buy bits of furniture and store them away for when they found a house to live in. The couple accordingly bought various items for their new home and had them delivered into the clubroom. At first matters went well, as Annie and Alfred grew close and Mordecai was delighted to see is daughter looking so happy. Sadly this did not last and around 21 July 1884 Annie told him that she was breaking off their engagement. No reason was given and Mordecai knew better than to ask.

A week after she announced the news to her father, Smith turned up at the Inn and demanded that all the items of furniture should be returned back to him, pointing out that he had paid for them. He valued the items as being around £17, although Mordecai stated that some of the items had been presents from Smith to his daughter. Annie said that she had already given him 15s which she said was money that he had given her towards some of the items of furniture. She admitted that he had given her more money, but said that was all she had in hand at the time. Mordecai kept Alfred outside in the garden of the Inn as he did not want to come inside and disturb his customers. After a while, he managed to calm the young man down and suggested that he and Annie draw up a list of items to split between them.

At first Smith was not happy and pointed out that he had given his daughter money each week to pay for them, so the furniture in fact belonged to him. Mordecai instead told him that Annie had paid for some of the cheaper items herself. He also pointed out that Smith still owed him 10s for a subscriptions to a fishing club run by some of the Municipal Inn regulars. At this Smith lost his temper and started to smash up garden furniture and plants at the Inn. He was only prevented from doing further damage by Mordecai and a young, strong barman he employed. Nevertheless, soon afterwards Mordecai issued a warrant for Smiths arrest for damage, and he was brought before the Sheffield Stipendiary Magistrates on Tuesday 15 October 1884.

He was quickly found guilty and was ordered to pay £15 for the damage as well as court costs or he had go to prison for fourteen days. As Smith was unable to pay the fine, he elected to go to prison and serve his time. Upon leaving the court, Mordecai saw Smith and he offered him £9 to buy all the furniture from the clubroom off him. Smith refused and instead challenged Mordecai to a fight which he refused. Upon his release from prison, Annie’s former lover again went to the Municipal Inn and once more demanded the furniture which again Mordecai refused. Accordingly, Smith sued Mordecai Timm for something called Action for Detinue. The case was heard at the Sheffield County Court on Wednesday 12 November 1884 before judge Thomas Ellison Esq. Mr Clegg, acted as prosecution and outlined the case for Alfred Smith.

When it was time for Mr Binney, Smith’s defence solicitor to speak, he denied that any of the items of furniture were ever gifts. He admitted that his client had bought Annie presents from time to time, but he had not included them in his claim. Annie gave evidence to the contrary and said that she had always paid half the costs of many of the items. When asked why she had broken off the engagement in the first place, she told the court that she was not satisfied with Smith’s conduct towards her. However she claimed that instead of the 10s she had given him, that it was in actual fact nearer to something like £2.5s.

The judge asked her to guess more exactly how much it would be, but the witness said she could not remember. Her father Mordecai had also changed his story and now claimed that he knew nothing about the items that had been stored in the clubroom. Judge Thomas Ellison was obviously annoyed at this change in their story and stated that in his opinion neither Mordecai Timms or his daughter had been candid witnesses. He said that:

their memory was that kind of memory which served them for everything they wanted, and for nothing else. An element of difficulty I could see is by the statement that the girl had contributed a portion of the money; but she could name no sum which she had so contributed. Although this was a circumstance that could hardly have escaped her notice. The evidence all tended to prove that the plaintiffs [Alfred Smith] story is substantially correct and therefore I think that judgement should be given for him.’

Nevertheless he adjourned the case for a week in order that Mordecai could give up some of the items, before he gave his final pronouncement. When the case reconvened on Wednesday 19 November 1884, it appeared that none of the goods had been returned. His Honour now gave judgement for the amount claimed of £16. 19 4d and the courts costs to be paid by Mordecai Timms to Alfred Smith. It is to be wondered if it was all worth it?

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