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The second Reverend John Adamthwaite ended up in court, not for the ill treatment of boys at his school but because of his refusal to pay the price he bid at auction for a piece of land near Appleby. The use of “puffers” at the auction and the beer being handed out by the organisers added a lot of colour to the way things were done in those far off days. A “puffer” was someone acting for the seller and was there to bid up the price to ensure that the reserve price was reached. So we have an account of the trial as reported in The Times, Tuesday, Nov. 15. 1825

VICE CHANCELLOR’S COURT, MUNEHOUSE V. ADAMTHWAITE

This was a suit instituted by the plaintiff to compel a specific performance on the part of the defendant, of a contract for the purchase of certain land near Appleby.

MR. HEALD and MR. LEMOYNE, on the behalf of the plaintiff, stated, that the premises had been put up to auction and that, according to a custom prevalent in Westmoreland and Cumberland, two persons were employed to raise the biddings to a certain amount. That the sale was conducted in this manner, and that a person employed by the plaintiff bid for the estate, while another also employed by him was to bid occasionally, so as to prevent the property being bought in at a low sum, lest that circumstance might have a prejudicial effect on any future sale. Dr. Adamthwaite was desirous of becoming the purchaser, and commissioned a person to bid for him to the amount of 600 l (£). When the sale had reached this price, the agent went again to Dr. Adamthwaite and was commissioned by him to bid up to 800 l. He did so, and at this period Dr. Adamthwaite himself entered from an adjoining room, and bid 800 guineas for the property, at which sum he was declared the purchaser. Soon after the sale the defendant objected to complete his purchase on several grounds. He complained that the price had been unfairly raised against him by puffers, he being the only real bidder: that the property was not of the value described, and that he, the defendant, was in a state of intoxication at the time he purchased. Some attempts were made at a compromise, but they all failed, and subsequently this suit was instituted. The plaintiff contended, that he had done no more in employing puffers than he had a right to do, in order to prevent the disparagement of his property, and that their biddings had no effect in raising the price unfairly, because it had always been resolved by him that the estate should not be sold for less than 800 l., and the agent of the defendant himself offered that price at which the estate was knocked down to him. With respect of the statement of the defendants’ being intoxicated, and which stated to be in consequence of the people at the sale having delayed it very unnecessarily, and in the mean time handed about a plentiful supply of liquor: this was met by the reply, that if the defendant really was tipsy, it was his own fault, for that he was sitting during the sale in an adjoining room, where whatever he drank was at his own expense. The difference between the description of the property in the particulars of sale and its actual condition was also denied.

MR. SUGDEN and MR. LOVATT for the defendant, contended, that this was a sale of which a court of equity could not decree the completion. From the evidence of the persons employed as puffers, it appeared that one of them, of the name of Hammond, had been instructed to bid up to the sum of 600 l., and that afterwards he was requested to raise the price up to 800 l. He did continue bidding, and as he was a person of substance, and considered to be a good judge of the value of land, every body present believed that he was a bone fide bidder. The other circumstances alluded to by the plaintiff were abandoned by the defendant, and he relied upon this alone, as a reason why the purchase aught not to be completed. Mr. Sugden argued at great length upon the illegality of two puffers having been employed, and contended that the excuse offered by the plaintiff of having done this for the protection of his property, could not be held good, because that object would be as easily attained by one as by two puffers. The evidence was read on both sides.

The VICE-CHANCELLOR said, that the question here seemed to be, whether the biddings of the puffers had such an effect upon the sale as to raise the price fraudulently against the purchaser. It seemed from the evidence, that Dr. Adamthwaite knew that Hammond was a puffer: but it did not appear to what amount Hammond’s biddings actually reached. This must be ascertained before that point on which the case turned could be made clear. In order to do this, therefore, his Honour directed that it should be referred to the Master to ascertain what were the several biddings of Hammond at the sale, with leave to state any special circumstances.

The only one of the original four brothers who was not ordained was Edmund who in turn had four sons, three of whom emigrated to Australia. Many years later, two of their descendants became clergymen in Australia many years later, so we had another Reverend John Adamthwaite and his son Reverend Murray Adamthwaite. The former was a Minister of the Methodist Church until they amalgamated with the Presbyterian and Congregational Churches to become the Uniting Church of Australia. John was a very popular man with his congregation and was not averse to rolling up his sleeves at harvest time and helping the local farmers to gather in their crops. His last appointment to a diocese was in Italy where he became fluent in the Italian language. He used this skill on his return to Australia and was able to serve Italian prisoners and the large Italian community where he lived. He was in charge of a prison farm at Moe, Victoria and later became Chaplain of Pentridge gaol in Melbourne. During the Second World War his mathematical skills helped him to become a navigator and eventually an instructor in the Royal Australian Air force. He lived by the Biblican text “Faith without work is dead”. He died in 2000 after a fall whilst on a fishing trip to Tasmania where he was born. His son Murray is an acknowledged archaeologist and has held many teaching posts.

Acknowledgements to Elizabeth Adamthwaite, John’s sister in law, an Aussie now living in New Zealand, for supplying information on her family and for guiding me through this narrative. Also to the Rev. John’s sister in Australia.