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MONMOUTH ASSIZES. ■- I
MONMOUTH ASSIZES. ■- On Monday last, the bustle of Assize gave animation to our Usually quiet town. For several days previously, the inhabitants had "set their houses in order;" the windows were cleaned, the shops decorated, the thoroughfares prepared, and cleanliness, that virtue which is next to godliness (according to the old adage), imparted to Monmouth a very interesting appearance. The commission was opened on Monday afternoon, and on the following morning the Judges, Sir James Parke and Sir W. E. Taunton, attended divine service at St. Mary's Church, where the Rev. T. Williams delivered a very impressive sermon from Psalm cxi. 10; after which their Lordships proceeded to the Hall, and immediately commenced business, Sir Jas. Parke presiding at the Crown Court, and Sir W. E. Taunton at Nisi Prius. The Grand Jury consisted of the following gentlemen :— Richard Blakernore, Esq., Chairman. Philip Jones, Esq. John Roberts, Esq. William Jones, Esq. R. Amphlett, Esq. J. F. Vaughan, Esq. Richard Willis, Esq. Charles Marriott, Esq. J. L. Scudamore, Esq. James Jenkins, Esq. Jasper Farmer, Esq. Thomas Fothergill, Esq. C. Bateman, Esq. Joseph Price, Esq. John James, Esq. W. George, Esq. Edmund Jones, Esq. F. H. Williams, Esq. R. J. Blewitt, Esq. E. H. Phillips, Esq. H. Wise, Esq. William Phillips, jun., Esq. W. H. Jane, Esq. Arthur Wyatt, Esq. The grand jury having been sworn, his lordship proceeded to deliver his charge. He said that the number of prisoners for trial was unusually great, which was to be accounted for in some measure by the poverty and distress which did undoubtedly prevail to a great extent, and also to the circumstance of the Assizes happening to take place just previously to the Quarter Sessions. He was, however, pleased to see that the long list of crime contained no offences of great enormity—that this county was happily free from the horrible crime of incendiarism, as well as the' practice of nightly poaching in large numbers, which in other counties had been the cause of so much bloodshed and death. His lordship then alluded to the late alterations, made in the criminal law, whereby the punishment of death for the offences of horse,cattle, and sheep stealing, &c. was superseded, and transportation for life substituted. He observed that the ob- ject of the legislature, in making this humane alteration in the law, was to try the experiment, whether a certain and severe punishment for these particular offences, which had of late been greatly on the increase, would not operate as a more efficacious preventive, than the penalty of death, which was not certain in its infliction. With this view, the legislature had made it im- perative upon the dispensers of the law, whenever a conviction for horse, cattle, or sheep stealing, &c. should take place, to sen- tence the culprit to transportation for life, which punishment wa3 now considerably increased in severity, and would be found to be one of unremitted toil and slavery for eight years, and even then no remission of punishment would be acceded, except upon general very good behaviour. His lordship hoped the experiment would succeed, and that when it became generally known that this very severe punishment would invariably be inflicted upon offenders of the description mentioned, it would have the effect of checking ciimes which had been for some time alarmingly in- creasing. It was not, he said, necessary for him on the present occasion to allude to the charge of murder which appeared in the calendar, as he understood that, owing to the absence of a mate- rial witness for the prosecution, the prisoner would have to be remanded till the next assizes. Another case required a few com- ments, that of Thomas Jones for maliciously stabbing and wound- ing Edward Thomas. His lordship then proceeded to explain the Act 9 Geo. IV., the provisions of which, he thought, were but imperfectly understood, and which made it a capital offence for any person to cut or maim another, with intent to murder, disfigure, or do him some grievous bodily harm but it made this distinction, that if it should appear that in case death had en- sued, the offence would not have amounted to wilful murder, then an indictment could not be sustained under this act. His lordship further explained what provocation the law considered sufficient to justify a person, in his own defence, striking or cut- ting another, and concluded by requesting the jury to apply his remarks to the case to which he had alluded. The calendar contained the names of 41 prisoners, who were disposed of as follow :— George Morgan was charged with stealing a quantity of rye- grass and clover, the property of John James, of St. Arvan's. He was acquitted the prosecutor and his witnesses being unable to identify him. He was afterwards tried for stealing a pair of quarter boots, the property of John Downes, a fellow servant. The said boots were discovered upon his feet when he was appre- hended upon suspicion of the former robbery, and Downes, cast- ing his eyes upon them, said-" Ah, George, thee'st got 'em then why didst thee take a pair of boots from a poor fellow like I?" to which the prisoner answered that his own pinched his feet. He was found guilty. In consideration of his having already been in confinement six months, he was sentenced only to two months' imprisonment and hard labour. THE PONTYPOOL BURGLARS.—James Jones, aged 35, and Ed- win Jones, aged 22, were indicted for breaking open the dwelling- house of Thomas Cooke, Esq., at Goytre, in this county, and stealing therefrom five pictures, and other articles. It appearing, however, on the examination of the first witness for the prosecu- tion, that the house in question was vacant at the time of the robbery, it could not be considered in law a dwelling-house the capital part of the indictment was therefore withdrawn, and the prisoners tried only for the larceny. The principal witnesses against them were Catherine Jones, their sister, and an accom- plice named Bale. The jury returned a verdict of Guilty against Edwin Jones, and acquitted the other prisoner.—Edwin Jones was again put upon his trial for a burglary at the residence cf William Charles, of Mamhilad, but owing to a defkiency of evi- dence to corroborate the testimony of the accomplice Bale, the judge directed an acquittal. Another indictment against the same prisoner was also abandoned for the same reason. Both prisoners were subsequently again placed at the bar, charged • with breaking into the house of Thomas Lewis, at the parish of Goytre, on the night of the 26th May last, and stealing thereout several cheeses, a bridle, a hatchet, and other articles. Lewis's house is situated about 20 yards from that of Mr. Cooke, men- tioned above, and both robberies occurred the same night. John Bale stated that he was at the house of Samuel Jones, (brother to the prisoners,) at Abersychan, on Saturday evening, the 26th May. At night witness, in company with the two prisoners and Thomas Parry, George Taylor, and Samuel Jones, went to the house of the prosecutor, and having broken open the dairy win- dow, Parry entered, and brought out to the others, who received them, three cheeses and a..basin. Witness did not observe the hatchet and bridle brought out, but heard the Jones's afterwards say they had taken them.—Catherine Jones, who lived with her brother Samuel, proved that Bale and the other persons men- tioned were at her brother's on the evening of the 26th. The prisoner James Jones was not with them. They went out at night, and she was called up to let them in between four and five o'clock. They brought different things with them, among which was a bridle, which her brother Edwin afterwards sold for some beer.-Amy Meredith, landlady of the King's Head, Abersychan, proved purchasing the bridle from the prisoner Edwin Jones, for four quarts of ale.—John Jordan, a constable, proved finding a hatchet at James Jones's house.—Mr. Lewis ¡wd his wife proved that their house had been broken into on the night in question, and the property described in the indictment stolen therefrom they also identified the hatchet and bridle. In de- fence, Edwin Jones went into a long story about his sister be- ing weak in her intellects, that she once attempted to drown herself on account of the fellows," and' that she war not enti- tled to credit. James Jones stated that the accomplice Bale had threatened to do him an injury on account of some money which he (Jones) owed to Bale, and which he had not been able to pay. 'I he hatchet, he said, had been in the possession, for 27 years, of a woman who lived with him. This woman was called, and stated that to be the case, and added that she bought it of her brother. The jury returned a verdict of Guilty against both prisoners-death recorded. John Cross, aged 16, another of the gang, of which the above prisoners formed part, was also found guilty of being concerned in breaking open the dwelling-house of Mr. Walter Williams, of Panteague, and stealing a variety of articles. Death recorded. At our last assizes, three others of the same party, Thos. Parry, Samuel Jones, and Thos. Snell, alias Chapman, were convicted, and have been sent out of the country. Thus has a most formid- able body of desperate characters, who had for a long time car- ried on a system of nightly depredation in the neighbourhood of Pontypool, been broken up and it is to be hoped that the fate of these men will act as a salutary warning to others who may have been guilty of the same unlawful practices. Their apprehen- sion is principally owing to the witness Catherine Jones, who it appears was frequently driven from home by her abandoned bro- thers, and compelled to seek a livelihood by the most disreputable courses. In revenge for the ill treatment she received she gave information of the practices in which her brothers were engaged, and the active exertions of the magistrates, constables, &c., of Pontypool, caused the apprehension of four of the party, previ- ously to the last assizes, and three since. The witness Bale ap- pears to be equally guilty with the others, !«sut as it would have been impossible to convict any one of them without the evidence of an accomplice, he was allowed to turn approver. Some others, who are strongly suspected of forming part of the gang, are still"at liberty. At the conclusion of the trial of the Jones's, Mr. Wat- son addressed the judge, that he would be pleased to order a re- ward for the constables, Roberts, Jordan, and Coombs, for their spirited and active exertions in apprehending the prisoners, to which his lordship acceded. John-If atkins Price, aged 29, was charged with stealing a mare, &c., the property of Daniel Brown, of Cardiff. On the jurymen being sworn, Mr. Owen, for the prisoner, objected to six of them. It appeared in evidence that the prosecutor lets out horses for hire. On the afternoon of the 27th Sept. the prisoner came to him, and hired a horse to go to Merthyr, saying that he must get there that night, and that he had missed the mail. He paid lis for the hire of the horse, and promised to send it back the following day. Instead, however, of going to Merthyr, he went to Abergavenny, vvhere a fair was held on the 25th, and sold the horse, with the saddle and bridle, to & horse-dealer named William Fox, for £5, having in the first placa asked X14 for it. Fox did not pay the money. Patrick Cusack, a constable, took the prisoner into custody. The prisoner said it was his uncle's mare, and that he was authorised to sell it but he after- wards acknowledged that it was Mr. Brown's, and that he sold it because he wanted money to take hirq, to America. This wit- ness was cross-examined, for the purpose of showing that the prisoner was drunk at the time he sold the mare to Fox. Patrick said he appeared as if he was fresh." On being asked to ex- plain, he said a man was fresh when his countenance was en- livened, and when he was able to do his business with spirit." The defence set up was, that the prisoner and several members of his family were constitutionally of weak intellect; and several witnesses were called, who gave him a good character, but added that they should not be surprised to hear that he, having set out to go to one place, should in five minutes change his mind and go to another. The learned judge, in summing up, told the jury that they must be satisfied the prisoner intended to steal the horse when he hired it from prosecutor; otherwise, if they conceived he hired it with the intention of proceeding' to Merthyr, as he stated, and afterwards altered his mind, and sold it, they could not find him guilty, the offence only amounting to a breach of contract. Verdict Guilty—transportation for life. James Stephens, aged 24, pleaded guilty to an indictment charging him with breaking into the dwelling-house of T. E. Biedermann, Esq., in the parish of Mamhilad, in this county, and stealing a silver snuff box, a gold watch, and other articles. The particulars of this most daring robbery appeared in the Merlin of the 19th of January last.—Transportation for life. John Brobin, aged 39, pleaded guilty to a charge of stealing a loaf of bread, the property of the Rev. W. Powell, of Ragland he said that he was forced to commit the robbery from severe hunger, and that he took the smallest out of four loaves which were all together. It appeared, however, that he went to the rev. gentleman's house for the purpose of begging, and when the ser-' vant, who was about to fetch him something, turned away, he stole the loaf, which was found on him by a constable, and in his pockets were tenpence and a piece of bread.-Six months im- prisonment and hard labour. Thomas Powell, aged 35, was found guilty of stealing a cow, the property of William Whitney, of Lanfoist. It appeared the prosecutor fastened the cow, with four others, in his cow-house, on the evening of the 13th February that in the course of the night, the prisoner, who had formerly been in Mr. Whitney's employ, entered the shed, and drove the cow away to Monythus- loyne, where he resided, and placed her in a hovel, belonging to a Thomas Davis, with whom he the next day bargained for some fodder and for the use of the hovel, where she was afterwards discovered by the prosecutor, and the prisoner taken into custody. —Transportation for life. Enoch Davies, alias Evans, aged 19, was charged with stealing a bay pony gelding, the property of Mr. Richard Watkins, of Trevethin. It was proved, on the part of the prosecution, that the pony was stolen from Mr. Watkins's field on the evening or night of the 11th October, and was sold, on the 13th, by the pri- soner at Rhos fair, in Cardiganshire, a distance of 60 or 70 miles, to a person named John Jones, for ±8. Is, who, however, sus- pecting it was stolen, did not pay the purchase money, but told the prisoner to bring forward some one who knew him. Prisoner gave his name Evan Davies, of Talybont, Breconshire, and said he would fetch his father. Four days afterwards, an old man, stating himself to be prisoner's father, called at Jones's house to demand the mare. It was not, however, given up to him, and the next day prosecutor's servant claimed it for his master.—For the defence, the mother and a brother of the prisoner appeared, and stated that his father brought the pony home on the evening of Talgarth fair, and said that he had purchased it at the fair but that on his way home he had discovered that it had the glan- ders, and it would be necessary to get rid of it. He told the pri- soner he must get up next morning early and take it to Rhos fair and sell it, that he was to give a wrong name and residence, for the purpose of preventing the pony being returned to him that prisoner objected to telling a falsehood, when his father said to him, that if he refused he would tuin him out of the house. It further appeared that the father had been suspected of, and once tried for, horse stealing, and that he had absconded from his fa- mily since the stir made about the pony. Two witnesses gave the prisoner a good character, and stated that he was faithful" teacher at a Sunday school. The learned judge, in summing up, said, there could be no doubt that the pony was stolen from the prosecutor, but it did not appear at all improbable that the father of the prisoner was the actual thief, and had made use of his son as an instrument to dispose of the stolen property. Verdict Not Guilty. John Reece, aged 18, pleaded guilty to an indictment charging him with breaking into the dwelling-house of Mr. Thomas Reece, of Newchurch, in this county, and stealing a gun.-Death re- corded. William Altiwell, aged 47, was found guilty of stealing two iron cart arms and a wooden case for ditto, and sentenced to three months' imprisonment and hard labour. This disciple of Mercury appeared to be particularly unlucky in the practice of his art, for he bitterly complained, on being detected, that "whenever he did take and steal any little thing, he was sure to be found out," and on this occasion it was very provoking, for the eart-arms were of no use to him after he had taken the trouble to get them." Rachael Davies, aged 44, was charged with receiving certain goods,fthe property of Edward Thomas, grocer, of Newport. The principal evidence for the prosecution was Rosannah M'Giff, a little girl, aged 14 years, servant to a person lodging in Mr. Thomas's house, who stated that the prisoner persuaded her to steal some of Mr. Thomas's candles, soap, tea, and tobacco, promising to give her for it some oranges and halfpence. Guilty -seven years' transportation. CUTTING AND WOUNDING.—Thomas Jones, aged 22, was capi- tally indicted for cutting, stabbing, and wounding Edward Thomas, of the parish of Aberustruth, on the 8th of July last, with intent to do him some grievous bodily harm. The state- ment of the prosecutor was, that on Sunday evening, the 8th of July, he was drinking in a public-house, where he got abused by the prisoner and two or three other persons that he left there and went home, and had taken off his coat to go to bed, but hear- ing a noise of persons approaching, he thought it was the pri- soner, and wirhmg to reason with him," and see whether lie would do any thing in a fair way," he went out to meet him. On corning up to the prisoner, and before he (Thomas) had time to speak, prisoner struck him on the side, and he felt himself cut; they then closed and both fell. He got up almost immediately,' and was helped home, covered with blood. An assistant of 1\1r. Rowlands, surgeon, attended him the same night, and on the fol- lowing day Mr. Rowlands himself dressed his wounds. William Edwards, in whose house he (prosecutor) lived, was in bed when he went home the first-time, but got up, and followed him when he went out to meet the prisoner but they did not go together, nor had they spoken together before they came out. The scuffle took place about 120 yards from the house. He did not go out with the intention of attacking the prisoner.—William Edwards examined stated that he went to bed about seven o'clock in the evening of Sunday, the 8th July was called up between ten and eleven by prosecutor's wife, who asked him to follow her husband, which he did, without dressing himself more than putting on his drawers and shoes he overtook the prosecutor before he came up with Thomas Jones saw the latter lift up his hand to strike, and the two afterwards closed and fell down, where they struggled and fought for a bit, and then prosecutor rose and was led home-, bloody from head to foot. On his cross-examination, he said, that after prosecutor rose, the prisoner challenged him (witness), whereupon he struck the prisoner, and he fell he did not repeat or attempt to repeat the blow. In the course of his cross-examina- tion it came out that this wituess was actively engaged in the Merthyr riots, and was supposed to be the person who snapped one of the soldier's muskets at J. B. Bruce, Esq., the magistrate. He denied that he did so, but admitted that he had a gun for a few minutes on the first day of the riot.-Margaret Edwards (wife of the last witness) proved that the prosecutor was brought home bloody, and in the blood upon his head she found a piece of the blade of a pen-knife.—Job Davies, a little boy, nine years old, proved finding a broken-bladed pen-knife in a garden near the spot where the scuffle took place. The knife was produced, and two pieces of the blade found in the blood of the prosecutor's head, exactly corresponded with it.—Mr. Rowlands, surgeon, stated that he attended the prosecutor, and found a very danger- ous wound on the left side, between two ribs it was an inch and a half long, and he probed it an inch and quarter deep it had wounded the lungs. There was also a slight wound on the back, and five stabs and cuts on the head. In the blood upon the head, he found a small portion of the blade of a pen-knife, and believed all the wounds to have been inflicted with an instrument of that description, which first made the large wound in the side, and afterwards broke upon the skull. On cross-examination, Mr. Rowlands stated that he interfered to bring about an amicable adjustment, but the magistrates would not allow the matter to be compromised. For the defence, it was proved by two witnesses, Edward Williams and Edward Reece, that the pro- secutor, after leaving the public-house, passed the prisoner, and said to him, Thomas Jones, mind yourself; I'll be with you in a very short time." Edward Williams stated that after this threat prisoner was alarmed, and asked him to go into the Pity (a public house) till they could go home safe. They staid there about half an hour, when they left, and on reaching within 50 yards of their lodgings, which was near the house of the prosecutor, they saw him and Edwards running to- wards them. Edward Thomas, the prosecutor; first came forward aad struck prisoner" a very nasty blow," which nearly knocked him down they then grappled and fell. After fighting a little while on the ground, prosecutor arose, and as the prisoner was rising, Win. Edwards knocked him down, and was about to re- peat the blow, when Mary Luke caught him round the waist and prevented him. Mary Luke and another witness corroborated Williams's testimony, and four witnesses gave the prisoner an excellent character. J. B. Bruce, Esq. was sworn, and stated that from what he had known of the witness Edwards, he would not believe him upon his oath. The judge summed up, and stated that it was uncontradicted that the prosecutor was severely and dangerously wounded upon this occasion, and there was no doubt the wounds were inflicted by the prisoner; and if the jury were of opinion that they were done wilfully, without sufficient provocation, and with intent to do some grievous bodily harm, they must return a verdict of guilty but if they should consider that in case death had ensued, the crime would not have amounted to murder, but only manslaughter—if they thought the prosecutor was the first aggressor, and made it necessary for the prisoner io defend himself-if they believed the prosecutor struck the first blow (and a severe one), they must acquit the prisoner, as the offence, under such circumstances would, in case of death, not have amounted to murder but manslaughter. With respect to the striking of the first blow they had contradictory evidence, and the jury would have to consider which they would in preference believe, Edwards or Williams. They would be guided to their conclusion by the consideration of the circumstances—whether the way in which the prosecutor came up to the prisoner, with his coat off, appeared as if he had a diposition to "reason" with, or if it had not rather the appearance of an intention to attack, the prisoner, who, as far as the evidence proved, had cer- tainly no disposition to make an attack upon the prosecutor, but, on the contrary, wished to avoid him. His lordship then read over the evidence at length, commenting upon it as he proceeded, and the jury returned a verdict of not guilty. William Wright, aged 19, pleaded guilty to an indictment, charging him with breaking and entering the dwelling-house of John Phillips, of Cwmcarvan, and stealing various articles of wearing apparel.—Death recorded. On the Judge passing sen- tence and;informing him that his life would be spared, but that he would be transported for life, the incorrigible young rascal answered, "Thank you, my lord, for the next; I am sure of this." Thomas Jeithirts, oved 16, pleaded guilty to a charge of stealing three half-crowns and a sixpence, the property of Rich. Teague, of Giosmont, and was sentenced to seven years transportation. The learned judge subsequently commuted the sentence to twelve months imprisonment. James Watkins, the younger, aged, 19, was charged with re- ceiving property stolen from John Priee, glazier, of Chepstow. The evidence for the prosecution merely proved that a piece of lead, two pieces of old glass, two paint brushes, and two solder- ing-irons, were found in a shed at prisoner's father's house, which shed was used by the prisoner as a work-shop. The articles were alleged to have been stolen by a young man who had absconded, named James Sherkell Jones, formerly in the employ of Mr. Price. For the defence it was proved that Jones was in the habit of visiting the prisoner's father's house, to court the prison- er's sister, and that he, after he left his master's employ at night, amused himself constructing a miniature gassometer and other things in the prisoner's work-shop, for which purpose he was fre- quently in the habit of borrowing his master's tools, and taking them back when he had done with them and it was argued that the articles laid in the indictment might have been taken to this work-shop without any felonious intent, and left there without even the prisoner's knowledge. It was also proved that the pri- soner was, several days previously, made aware of the intention of the prosecutor to search his house. Four witnesses gave the prisoner an excellent character. One of them, a respectable looking man, was asked if he had not been once put upon his trial at Usk sessions for felony he said he had, but that he was acquitted. It came out, however, that the charge of felony was an action arising out of a disputed property in a house, which witness claimed to be his, and of which he took possession, and was technicaly indicted for stealing the doors. The judge se- verely commented on the conduct of the prosecutor in instructing his counsel to ask the question, and said that such an indictment could not in the slightest degree impugn the witness's credit or respectability. The jury, after being charged, almost immedi- ately returned a verdict of Not Guilty. John Vaughan was charged with stealing a cart, the property of Thomas Woollett, Esq., surgeon, of Monmouth. It appeared that the cart was placed in a yard at Over Mormow, some days before Christmas last, and missed from there on the 7th of Jan. It was afterwards discovered in possession of the prisoner, who was making use of it in his business as a hallier. Vaughan, in his defence, stated that he wanted to borrow a cart, and be- lieving this one to belong to Mr. Saycell, he took it do a job with, intending to return it, and thinking Mr. Saycell would not be angry with him. He called, as a witness, a servant to Mr. Baker, Over Monnow, who stated that prisoner came to Mr. Baker's house to borrow a- cart, and witness recommended him to use the one in Mr. Hatton's yard. Not Guilty. William Evans, aged 24, was charged with stealing a sheep, the property of Mr. John Morgan, of Deepholm, near Monmouth. The principal evidence against the prisoner was that of an ac- complice named John Parker, a boy about 16 years old, who stated that about seven O'clock on the evening before Christmas day, he met the prisoner near the church-yard, who asked him to come and have share of a. pint of beer, and they went to a beer shop called the Globe, kept by Thomas Powell. Prisoner asked witness to go with him for a sheep. Witness agreed and pri- soner sent him home with his (prisoner's) hat, and directed him to bring back his cap, a bag, and a tinder-box. Prisoner after- wards borrowed a pair of quarter-boots, a candle, steel, and knife, from the landlord of the public-house. About half-past eight they left the house, and went to a field near Mr. Shirreff's house at Poolholm, aadAom thence over a hedge into Mr. Morgan's field, where they drove some sheep into a corner. Witness caught. one, and Evans came and killed it by nearly cutting off its head. He then put the head and neck into the bag, threw the carcase over his shoulder, and carried it to a hovel, where witness struck a light, and held the candle while prisoner skinned the sheep and cut it into quarters. Witness put the kidneys and liver into his pocket, and they carried the meat away, and brought it to the back of Powell's house, leaving the skin and offal, as well as the tinder-box and knife, in the hovel. They put the meat down at Powell's back door, and went round and entered at the front door. Witness left the prisoner at the Globe. On the following night he saw prisoner again, and told him he was afraid for what he had done, and should leave the town prisoner told him not to do such a foolish thing. He did leave the town for some days, but returned again, and confessed. This witness was fully cor- roborated in many essential particulars, and it was further proved that the meat was afterwards discovered in a bag under a rick in a field near Monmouth. The skin, &c. was found in the hovel where the sheep was cut up. The prisoner in his defence, ad- mitted that lie stole the sheep, and that he persuaded Parker to go along with him; hlitadded that he was induced to commit the robbery by Powell, who showed him where the sheep were kept; that Powell's wife afterwards ordered him to take the meat away, and ha took it and hid it in the rick. Verdict guilty- transportation for life. Edward Webb was found guilty of stealing a watch, the pro- perty of Mr. Wm. Shill, of Abersychan, and sentenced to nine months' imprisonment, and hard labour. Margaret Jones, aged 20, was found guilty of stealing four sovereigns from the person of John Williams/at Abergavenny, on the 5th December last.—Seven years' transportation. Cornelius Norcutt, aged 21, and William Jackson, aged 22, were convicted, principally upon the evidence of an accomplice, Robert Ingram, of stealing three sheep, the property of Mr. John Probert, of Abergavenny.—Transportation for life. William Morgan, aged 28, was charged with stealing a dark brown half-bred mare, the property of Thomas Prothero, the younger, of the parish of Ttton, in this county. Mr. Owen, for the prisoner, objected to twenty of the jury. It appeared that the mare was taken from a field at Itton, on Tuesday night, the 7th of August last, and was seen in the prisoner's possession the fol- lowing morning, when he put her on board the packet at New- port to proceed to Bristol. The defence was that the prisoner purchased the mare at five o'clock in the morning from a person whom he met in the road, and gaveEI5 for her; he also received a. very excellent character. The learned judge summed up, and observed that the jury would have to consider whether the prison- er's statement as to how he became possessed of the mare was deserving of credit, but in confirmation of such statement he had not brought forward a single witness. If any persons had ap- peared to prove that prisoner had left his home, taking with him money to purchase a horse, then it would have been more plausi- ble at present it was entirely unsupported by evidence. The jury were consulting on the verdict, when Mr. John Owen, pri- soner's attorney, requested to be sworn, and stated that the pri- soner's mother had told him that she gave her son money a few days before the robbery was said to have been effected. The mother was then sworn, and said that she gave prisoner £13 about three weeks before the robbery,-and believed he had some money of his own and that the prisoner was going to set up in a little busi- ness at Bath, in which he would want a horse. The jury again consulted, and returned a verdict of Guilty—Transportation for life. Catherine Driscoll, aged 42, and Mary Godnin, aged 28, were found guilty of stealing coal, the property of Mr. Monkhouse, of Newport, and sentenced to two months' imprisonment in the house of correction at Usk.—-Jane Williams, aged 56, for a like offence, was sentenced only to four days' imprisonment, in con- sideration of good character, and having been already imprisoned six weeks.-Evan Yorath, Ðged 27, found guilty of stealing coal, also received a good character, and was sentenced to a fortnight's imprisonment, and hard labour.— Wm. Price, aged 52, pleaded guilty to a similar charge, and was sentenced to three months' imprisonment, and hard tabour.- Tlicmas Jones, aged 15, also for stealing coal, was sentenced to one month's imprisonment. William Price, aged 19, a workman atHemming's iion-works, was found guilty of entering a stable, at Lanfoist, and stealing thereout a leather housing, the property of Thomas Williams. -Eight months' imprisonment, aud hard labour. Rees Duffield, aged 60, charged with stealing a blanket, the property of Charles Tyler, Esq., of Monmouth, was acquitted as was also William Harris, aged 10, charged with stealing a pair of quarter boots, the property of John Evans, of Wyesharn. John Bale, Robert Ingram, and John Parker, were admitted evidence.— Winifred Powell, aged 19, charged with stealing .fr three sovereigns from the person of David Puntan, at Aberga- venny, was discharged, no,prosetiltor appearing.—John Edmunds, aged 39, charged with the wilful murder of William Rosser, at Clytha, was remanded till next assizes, owing to the illness and absence of a material witness, Mrs. Rosser. Ann Matthews, aged 17, charged with stealing a silk handker- chief, &c.; John Plaisted, alias 1 rowbndge, charged with steal- ing a ferret and five fowls James Harris, charged with stealing a saddle; Elizabeth Ward, charged with stealing £9. 5s-No Bills. THE FOLLOWING IS A SUMMAETF. Death recorded 6 Transportation for life 6 for seven years 2 Imprisonment for various terms. 12 Admitted evidence 3 No bills found 4 No prosecutor. 1 Acquitted 7 John Watkins was indicted for assaulting William Fuller, a constable of the borough and parish of Monmouth, in the execu- tion of his duty. A second count charged the defendant with a tion of his duty. A second count charged the defendant with a common assault. Fuller proved that he was a constable for the borough but not for the parish, which was more extensive than the borough. The judge said, then the first count was not sup- ported. It further appeared that the prosecutor was, at half-past ten in the evening, going round the town, and hearing a noise in the defendant's house, which was a beer-house, he knocked at the door, which was opened by the defendant, and he immedi- ately entered, insisting that he had a right to inspect the house, to see whether there were any persons tippling. Mr. Justice Parke said the act gave no authority to a constable to enter into a beer-house therefore the prosecutor had no right to enter. It was a very trivial case, and the only question was whether the first assault was committed by the defendant or not. Mr. Greaves then addressed the jury, and, having called a witness who con- tradicted the prosecutor, his lordship intimated that an acquittal had better be taken.—Not Guilty.
NISI PRIUS COURT.
NISI PRIUS COURT. The Nisi Prius Court was opened about twelve o'clock, and the extent of the cause list (16), a greater number, we under- stand, than has appeared since the judges left Stafford, imparted a glow of satisfaction to the countenances of the "leading" gentlemen, and of "hope" to the juniors. We were sorry to perceive that the learned judge, Sir W. E. Taunton, appeared to labour under indisposition. His Lordship complained of the court being so cold that he could scarcely hold his pen. lic PROTHERO V. MATTHEWS, alias MATTHIAS.—This was an action brought to recover the value of a setter dog, shot by de- fendant. Mr. Phillips opened the pleadings, and Mr. Maule stated the case. The plaintiff is an eminent solicitor, and an extensive proprietor of coal works, residing at Newport; and the defendant is a servant or gamekeeper of Sir Charles Morgan, Bart., one of the largest landed proprietors in the kingdom. This description of offence might sometimes be of trifling conse- quence at others it may be a matter of cruelty and oppression. Amongst other property, Sir Charles holds Tredegar Park, over which he possesses free warren and other rights, by virtue of a grant from James the First. In this park (said the learned gentleman) the outrage was committed; for I think the trans- action fully justifies so strong an expression. Through the park runs a public tram-road, by which Sir Charles receives about X3000 a-year for tonnage, and the plaintiff pays Sir Charles from £ 600 to £ 700 per annum for coals conveyed thereon. On the 21st of January, a dog. belonging to Mr. Prothero, between the pointer and setter breed, young, playful, and harm- less, was following some women who were passing this railway, I y which is not enclosed, as such enclosure might disfigure the park, and therefore this dog, following his instinct, ran after the deer, which he could not harm, but soon returned to the women. The gamekeeper said he would shoot the dog, which was imme- diately behind the women. He then walked deliberately up to the animal, which was crouching for mercy, put the muzzle of his gun rather close, and shot him, and when struggling, threw him over the wall. Even by the old forest law, the owner of a park was not warranted to kill a dog unless he be caught in the fact of chasing the deer. Sir Charles Morgan could scarcely be aware of the circumstances of the case, or he would not have in- demnified the defendant from the consequences of the verdict. The learned counsel thought that the hon. baronet might be justly proud or his feudal rights, but he submitted, that when Sir Charles puts up with the modern innovation of a tram-road through his park, for £3000 per annum, he ought not to be so severe upon a poor animal, who may stray. Gentlemen (said Mr. Maule), there seems to be some personal feeling in this question, which, in my opinion, aggravates the case for 1( t r when the defendant was told the dog was Mr. Prothero's, he said he would rather shoot Mr. Prothero's dog than any other person's." The learned gentleman having strongly commented on the case, called Mary Morgan. Examined by Mr. Phillips Lives at Pil- gwently remembers going with her sister and another woman, about two months ago, through Sir Charles Morgan's park, along the tram-road to Bassaleg; a dog followed them the tram-road was not fenced off; saw the dog chase the deer which crossed the road on which the dog was following her. Knows' defendant; saw him with a gun saw him load it the dog was then returning back, having given up chasing the deer. De- fendant came up to them when they were within 20 yards of the gate observed the dog, when defendant, came up, lie down by the side of the tram-road the deer were then about half a mile from them -observed the defendant shoot the dog he was then only the distance of the gun from him he put the gun close to the dog; the defendant then took up the dog whilst struggling, and threw him across the road.—Cross-examined by Mr. Ser- geant Ludlow The dog had not come from Pillgwently with them he was in the park before them had walked a quarter of a mile before she saw him is not acquainted" with the dog, but he followed them he was on the tram-road when they first saw him she came acquainted with the dog by meeting him in the park. Does not know a man named Potler, but a man cried out to them, and said, if they did not take care of that dog, he should be shot. Defendant was not then present; it was about ten minutes from that caution that defendant came up they were between the gate and the keeper. There are boards up all round the park, signifying that dogs will be shot they were up when Mr. Protherto was steward to Sir Charles Morgan. Margaret Price deposed in substance to the same effect. William Nicholas Morgan, clerk to the Monmouthshire Canal Company, kept a dog for plaintiff, which was five or six months old found the same dog dead in Sir Charles's park, on the 21st of January.—Cross-examined Had the dog about two months, as a house dog. Edward Harris, saddler, of Newport, knows defendant; saw him on the 2d of February last; asked him why he shot plain- tiff's dog he said he had a right to shoot him, and that he had rather shoot plaintiff's dog than any other rri an's.- Cross- ex amined Met him accidentally; he said the dog had been chasing the deer. Defence.—Mr. Sergeant Ludlow said he had the honour of representing the defendant, or, as the plaintiff's counsel inti- mated, Sir Charles Morgan, who thought it proper to defend his servant in the due exercise of his orders. Learned gentlemen had a right to depict cases in as strong colours as possible, and a very tragical case had been brought forward by his learned friend. The murder of the dog, his dying groans, his piteous struggles, his being thrown cruelly on the road-tyranny and oppression have been alleged,—yet it would have been much better for the plaintiff not to have brought an action for this half-bred cur. The learned Serjeant was proceeding to comment upon the nature of the action, when the Judge intimated that the press of public business should induce the court to economise time. The learned Sergeant, in conclusion, said that he could easily disen- cumber Sir Charles from any odium sought to be brought against him. There was no pretence for this action for, by the third plea, we allege that Sir Charles Morgan is entitled to free war- ren, and it has been proved that the dog was found chasing the deer. The Judge, in summing up, hoped the jury would decide with- out reference to particular feelings. The only question for their consideration was, whether the dog was chasing the deer at the time be was shot. His Lordship recapitulated the evidence, and the jury, after a short consultation, returned a verdict for the plaintiff—damages one farthing. MILNE v. SIR MARK W OOD.-lVIr. Richards opened the plead- ings. Sergeant Ludlow stated the case. This was an action brought by the plaintiff against the ex-Sheriff, for having been held a prisoner by the sheriff's officer, under a writ of capias, after having tendered proper bail. The jury were not to con- sider this as a trifling case it was a serious loss of liberty sus- tained by the plaintiff, a poor, honest, and industrious man. The warrant was put into the hands of Geoffrey Pearce, the sheriff's offic.er. The sum was but ,£20 and four persons, who would be proved good bail, offered themselves. The officer had lost the writ, and went back to the sheriff's office, at Chepstow, for another warrant, having plaintiff in custody and Pearce subse- quently brought plaintiff to Monmouth Gaol, where he remained five days, until discharged by supersedeas. Charles Ford, the keeper of Monmouth Gaol, deposed, that in the month of January last, plaintiff was brought to gaol, under the sheriff's warrant, by defendant. He was kept there nearly a week, and was discharged by supersedeas. Samuel Williams, clerk to plaintiff's attorney, attended plain- tiff at the Westgate Inn, Newport, when in custody of Pearce, the officer. Attended to meet four persons who tendered them- selves bail for Milne. Pearce and his assistant were there. Witness said to Pearce, there are four persons present, take whom you please as bail. Pearce said, before 1. take them I must see who is to pay me my fees." Asked him how much were his fees he said two guineas and a half. Desired plaintiff to pay him, and demanded a receipt from Pearce. The money was put down by Milne. Pearce then said, Well, since it comes to this, I will not take bail at all 1 will immediately take pri- soner to Monmouth."—Cross-examined by Mr. Maule: Heard Pearce say that he was obliged to go to Chepstow, and beat up the under sheriff, and get the warrant from him heard nothing at that interview of the previous arrest of the plaintiff; has since heard that Milne was arrested the day before on a writ which has been lost; does not know that Milne was indulgently treated by Pearce. Never heard Milne say that he did not wish to go to law, and that he regretted being taken from gaol, as he had wished to come out under the Insolvent Act.—By the Court: Pearce never assigned a reason for not taking bail at the nu- merous times he (witness) had spoken to him. The persons who tendered themselves as bail were then called, and proved their sufficiency, and spoke to the proceedings at the Westgate Inn. Jenkin David, one of the four persons, proved that he was called out of the street by Francis, the assistant officer, to come into the Westgate Inn, and become bail. Mr. Maule, for the defence, commented upon the arduous and responsible duties of sheriffs' officers, and the extremely narrow line on which they walked, with the danger of deviating to the right or left, either in the accepting of insufficient, or the re- fusing of good, bail, whereby they become liable they are bound in sureties to the sheriff. Pearce was the actual defendant, and the consequences of the verdict would rest on him alone. The learned counsel contended that there was a failure of evidence of a bail-bond Having been tendered. He cited Watson on the duty of sheriffs, and Tidd's Practice, to ghew that the proper course is to tender a bail-bond. The learned counsel com- mented on the trouble which the officer had, and said, that if a sheriff's officer be to be paid at all, he did not think two and a half guineas was too much. The Judge, in charging the jury, remarked that there was nothing in evidence to shew for what specified purpose the officer demanded two and a half guineas. He probably thought he was entitled to the expenses of the bail-bond, but in that respect there was no evidence to guide the court. The conduct of the officer was unaccountable. The case was divested of any cir- cumstance calculated to lead the passions and prejudices of the jury. Officers are obliged to give good security to the sheriff, and Pearce was liable for any damages that might be awarded. The jury would act within the bounds of moderation* Verdict for plaintiff-damages £10. Attorney for plaintiff, Mr" Walker for the defendant, Mr. James Evans. THOMAS V. WILLIAMS AND ANOTHER.—This was an action of trespass brought by the plaintiff, the son of the Rev. Edward Thomas, Vicar of Langwm, against the defendants, two of the parish officers, to recover the value of a nag mare, a colt, two sheep, and two lambs, which the defendants had distrained and sold in August last, to satisfy the poor rates due from the Vicar iri respect of his tithes and the question in this action was, whether the animals were bona fide the property of the plaintiff or of his father. It appeared that the Vicar was the owner of an estate in Langwm, called Nant y March, which, together with some glebe land, he farmed himself, and where he and his family resided up to May, 1824, at which time he removed to Caldicot, about nine miles off, leaving the plaintiff and the rest of his family at Langwm. When the father went to Caldicot, he left the farming stock and effects at Langwm in the possession of the plaintiff, who continued to manage the farm, and acted as the master up to 1828, when the father returned to his family at Langwm, where he remained till January, 1832, when he was taken on an attachment for non-payment of a considerable sum due to a Mr. Blower, one of his parishioners, for the costs of a tithe suit which he had instituted against Mr. Blower, in the Court of Exchequer, and in which the Vicar had,been defeated. Having contrived to escape from the sheriff's officers, he fled from Langwm, and had since eluded the vigilance of the bailiffs. During his father's absence, the plaintiff went on with the farm. He also received the tithes for his father till June last, when the living was sequestrated at the suit of a judgment creditor, named Roberts. Mr. Lisle, the Registrar of Llandaff, having been ap- pointed the sequestrator on behalf of Roberts, entered into the receipt of the tithes, but appointed the plaintiff his agent at Lan- gwm, to receive such tithes as were paid in kind. The defend- ants, not having been able to obtain the poor rates on the tithes due previous to the sequestration, and, considering the stock on Nant y March farm as the property of the Vicar, levied the dis- tress in question. Sergeant Talfourd and Mr. Justice appeared as counsel for the plaintiff; and Mr. Maule and Mr. Richards for the defendants. The first witness, in support of the plaintiff's case, was William Lewis, who stated-" I went into the service of plaintiff in May last. He had then a ring-boned mare, a black colt, two sheep, and two lambs. I saw defendants on the 1st of August come on my master's land, and take the mare, colt, sheep, and lambs, and drive them away. The sheep were marked E. T. The lambs had the same mark. I helped to bring the two lambs home, about a fortnight before, from Mr. Blower's they were little Iambs."—On his cross examination, he said—"I don't know where the parson is now. The T on the lambs was plainer than the E. We wanted to mark the lambs with the T only."—James Thomas was then called "I am the' brother of the plaintiff. I am 27 years old the plaintiff is ten years older. I don't know my father's age- He has some glebe' land and a farm of his own in Langwm. When I first remem- ber, my father had the farm in his own hands. The plaintiff used then to buy and sell cattle; he kept them on my father's land the plaintiff had the profit. The ring-boned mare was bred 11 years ago her dam belonged to the plaintiff, and was sold by him. I knew the black mare colt it was plaintiff's property, and was bred by him; her dam's name was Snip the grand-dam was called Snip also. My father went to Caldicot in 1824. The plaintiff had sheep of his own on the land before that they were marked E. T. on the hip. I have had sheep of my own they weie also marked E. T., but mine were marked on the rump. I have a brother, Charles, now in the West Indies." A paper being handed to the witness, he said—" This lease is witnessed by my brother Charles. The signature is his hand-writing; the body of it is in that of my father." The paper was here read it was dated in May, 1824, and purported to be a lease in due form, from the Rev. Edward Thomas to the plaintiff, of all the lands of the former, in Langwm, for fourteen years, from the 2d of February then last, at the rent of £80. It was signed by the plaintiff and his father, and attested by Chas. Thomas. Several receipts were then put in and proved, shewing the payment of the rent, according to the lease, by the plaintiff to his father, up to June last. James Thomas's examination was then resumed :—" My father went to Caldicot in May, 1824. From that time plaintiff managed and was master of the farm, and owner of the stock. I still keep stock on the land, by plain- tiff's permission. In 1828, my father returned to Langwm to board with the plaintiff, but did not resume the farm."—Cross- examined by Mr. \Richards Lives with the plaintiff since Oct. last; before that lived in the West Indies before that lived at different places lives upon the assistance of his father, though living with plaintiff;" was a planter in the West Indies, but had no capital; his father pays his tailor's bill; does not recol- lect when he last paid it; cannot recollect when lie had the coat he then wore does not know who made it; does not know whether it was paid for or not; was measured for it by Mr.. Thomas, of Chepstow; his father paid for his passage out to the West Indies paid for himself back has seen his father since, but only once, on the Irish sea (a laugh), in the same boat, about half a year since met him there on his passage from Jamaica (laughter) cannot tell what ship he was on board, nor what ship his father was on board the captain of his ship hailed the captain of his father's, only to know the latitude (laughter) bis father was on deck saw him by mere chance (laughter) wit- ness's ship was bound for Bristol cannot remember the name of it; a small boat passed from one to the other; both himself and father were in it! (laughter); cannot recollect the name of the captain of his ship cannot tell the reason of his father coming in the boat; does not know where his father is cannot recollect who were the servants at Nant y March when his father went to Caldicot; the ring-boned mare had been on the premises twelve years from the present time.—The non m: rccordo answers of this, veracious witness, coup led with his appearance of unsophisticated simplicity, and the peculiar manner in which he addressed the, learned gentleman in his cross-examination, afforded consider- able amusement. Several witnesses were then called on the part of the plaintiff, who proved, that after the father went to Caldi- cot the plaintiffmanaged the farm, paid the servants their wages, and in all respects acted as the master and owner of the stock on the farm. It was also shewn that the two lambs distrained were received by the plaintiff from Mr. Blower, as tithe lambs, in July last. Mr. Byne, from the office of the Registrar of Landaff, produced the writ of sequestrari facias against the Rev. Edward Thomas, at the suit of one Roberts, under which the living of Langwm was sequestrated in June last, and an authority from the sequestrator to the plaintiff to act as agent for Mr. Lisle in collecting the tithes, was also put in and proved. James Thomas having been recalled to answer a question by the de- fendant's counsel, said Mr. Roberts, at whose suit the sequestra- tion had been issued, was a grandson of his father. Notice to the defendants to produce the parish rates was proved, for the purpose of shewing that the plaintiff had been rated as the occu- pier of Nant y March farm since 1824, but the defendant's counsel declined producing the rates. Other evidence of the fact was then offered, but it was abandoned on the judge ob- serving, that if proved, it could amount to little or nothing towards determining a question of property, as the present was. The plaintiff's case being closed, Mr. Maule, for the defendants, commenced his address to the jury, by observing that he would relieve his learned friends on the other side from all anxiety on the subject, by assuring them he should not call any witnesses for the defendants, though he had plenty. The plaintiff's wit- nesses had proved all he wanted, and much more. He (Mr. Maule) should not content himself with merely convincing the jury that the beasts distrained were not the property of the plain- tiff, which was all that it was necessary for him to do to insure their verdict, but he would undertake to convince them that the plaintiff's case was one of the grossest frauds and conspiracies ever attempted in a court of justice. After commenting upon the transactions between the plaintiff and his father, as described by their own witnesses, he appealed to the jury, whether it was. not precisely the course which would be adopted by a person in the situation of the plaintiff's father, who had it in view to de- fraud his creditors 1 He then proceeded to observe that the story told by James Thomas, the plaintiff's brother, of the fortuitous meeting with his runaway father on the Irish sea, was one of the most incredible he (Mr. Maule) had ever heard but the plaintiff, as he would shew, wished to draw much more largely on their cre- dulity. Mr. Richards, who has a sharp eye, thought fit to look at the transparent figures or water-mark on, the paper, and it bears the figures of 1826, although it purports to be dated and delivered in 1824 So that this lease was absolutely executed before the paper was made !-— [The detection of this glaring and fraudulent stratagem produced -a strong sensation in the court.] Before the sensation, which the announcement occasioned, had ceased, Sergeant Talfourd addressed the court. He was re-s quested (he said) by the respectable gentleman who had in- structed him, to say, that after the disclosure just made, he could not think of allowing the case to proceed further, and begged, toassure the court that he had been most grossly imposed upon. by the plaintiff. His Lordship agreed that it was high time the- cause should be stopped, and directed a nonsuit to be entered,. Attorney for the plaintiff, Mr. Walker for the defendants,, Messrs. M'Donnell and Mostyn. JONES v. LEWIS AND OTHERS.—Mr. Richards opened the pleadings, and Mr. Sergeant Ludlow stated the case to the jury.. The action was brought by the plaintiff to recover from the de- fendants a compensation for the maintenance of a pauper of the parish of Machen, who had met with an accident in that parish., near the dwelling-house of the plaintiff, who had received him into his house after many others had refused to take him had lodged and maintained him for 20 weeks, and had employed a nurse to attend upon him during the early part of the time. The defendants had pleaded a tender as to part of the claim, and de- nied their liability as to the remainder. It appeared in evidence that the accident happened on the 12th of March, 1831 that at that time one of the defendants was overseer of Machen Upper, another of Machen Lower, and that the other defendants were the churchwardens of the parish; that the accident had oc- curred in Machen Lower that the overseer of that division had directed a surgeon to attend upon the pauper; that the overseer of the otherdivision had called upon the plaintiff, and promised to pay for his maintenance and that the servant of the latter overseer had removed the pauper from the house of the plaintiff after his recovery. The principal question in the case seemed to be, whether the parish officers of the whole parish were jointly liable to the plaintiff's demand, or only the officers of that division where the accident happened. Mr. Sergeant Talfourd, for the