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CARDIGANSHIRE TITHE WAR.

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CARDIGANSHIRE TITHE WAR. ALLEGED RIOT AND CON- SPIRACY. ACTION BY THE PUBLIC PROSECUTOR. TWENTY PENBRYNITES ON TRIAL. BEFORE THE MAGISTRATES AT NFIWCASTLE-EMLYN. IMPORTANT ISSUE INVOLVED. INTENSE EXCITEMENT IN THE NEIGHBOURHOOD. A special petty sessionsfor theUpper Troedyraur Division was held at the court house, Lamb Inn, Ad par, Newcasile-Emiyu, on Tuesday, for the purpose of proceeding with the action against 20 anti-tithers who, at the instigation of the public prosecutor, had been summoned for riot, unlawful assembly, and conspiracy. A most important issue was involved, and therefore intense interest was manifested iu the cases by the whole neighbour- hood. Soon after ten o'clock the commodious court- Louse—which was resorted to instead of the usual small one at Penrhiwpal—was well filled by the defendants and their friends. — Mr Benson 'instructed by Mr H. R. Daniel, solicitor, Cardigan, acting on behalf of the Public Prose- cutor) was for the Treasury, and Mr S. T. Evans, M.P. (instructed by Messrs Ivor Evans and Stephens, solicitors, Cardigan), for the defence. Fha bench comprised Mr C. H. L. Fitzwilliams, in the chair; Dr. Lloyd, !dpar Dr. Griffiths, Llangranog Dr. Powell, Newcastle Emlyn Dr. Enoch Davies, Bryn- teify; and Mr Taylor, Mount Gernos. The witnesses for the prosecution include the Chief Constable of Cardigan, Mr Peterson and Mr Miers, of London and Mr Roberts, ex- mayor of Cardigan. THE CHAK3ES. The charges, formally made, were-CO ThaI; you, Gh. said together with divers other /persons, to wit, John Thomas, Pantyrholiad, in the pariah of Penbryn, farmer Watkin Griffiths, sf Pen'an, in the same parish, farmer's son Charles Jones, of Sarnau, in the same parish, blacksmith James Thomas James, of Twrgwyn, in the parish of Troedyraur, master mariner and farmer; Evan Thomas, of Llwynteg, in the said parish of Penbryn, farmer's son Griffith Davies, of Altycordden, in the said parish of Penbryn, farmer James Thomas, of Blaenwaun, in the sad parish of Penbryn, far- mer David Griffiths, of Nantbrein, in the said parish of Penbryn, farmer's son James Davies, of Blaencerry, in the said parish of Penbryn, far- Iller; Evan Rees, of Penfoel, in the said parish of Penbryn, farmer's son; D. Jones, of Lodge, Glanmedini. in the parish of Bettwg, labourer; 1). Jones, of Cwmbarre, in the said parish of Pen- bryn, farmer Owen Jones, of Llain, in the said parish of Penbryn, farmer; David Griffiths, of Penlan, in the said parish of Penbryn, farmer Wm. Jones, of Waun, in the said parish of Pen- bryn, farmer Thomas Davies, of Penbontbren, in the said parish of Penbryn, farmer; W. Owens, of Alltfavvr, in the said parish of Penbryn, farmer; Samuel Rees, of Penfoel, in the said parish of Penbryn, farmer Samuel Evan?, of Llaincorny- in the said parish of Penbryn, tailor and William Rees, of Brynbedw, in the said parish of Penbryn, farmer all in the said county of Car- digan, did, on the 24th day of November, 1S84, In the said parish of Penbryn, and county of Cardi- gan, unlawfully and riotously assemble to disturb the public peace, and then did make a great riot and disturbance to the terror and aiarin of all her Majesty's subjects there living, and against the peace of our Sovereign Lady the Queen." Defendants were further charged, "That you, the said together with divers other persons, to wit (those mentioned in the previous charge), being evil-disposed persons, unlawfully and wickedly devising and intending to pervert and prevent the duo course of justice, did conspire, combine, confederate, and agree together forcibly and unlawfully to resist the due execution of a warrant of distress legally issued out of the couuty-courfc of Carmarthenshire, holdon at Newcastle-Emlyn. and duly entrusted to one Robert Lewis, a bailiff of the said court, for execution on the said 24th day of November, 1894, upon the goods and chattels of one Rachel Rees, a farmer at Penfoel Farm, in the said parish of Penbryn and county of Cardigan, and nsrainst the peace of our Sovereign Lady the Queen." Each defendant having' answered to hit name, PUBLIC FKOSKCCTOIV3 CASE. Mr Benson then opened the case. He stated that the 20 men who had been called upon to appear before the bench, at the instigation of the Treasury, had been each served with two formal numiuonses, and it was alleged that on Saturday, November 24th, they committed (1) a riot, which, of course, in itself included an unlawlul assembly, and was rather a larger development of what was commonly called an unlawful assembly, si ml (2) they conspired to prevent the due execution of a court of justice. The facts, although in one sense simple, were very serious. The real main charge brought against the 20 men was that they aeted lawlessly, tnd took upon themselves the law. No man in this country had a right, whatever his grievance, epiniuns, or motive might be, forcibly to take into his own hands the law, and say, "By that Jaw I will be governed, and by no other." It was with a view to putting an end to that sort of thing that the 20 men had been summoned. It was to bring to an issue the decision as to whether it was righll or wrong for man to take upon himself the decision as to whether he would obey a particular law or not. Of course, as they all knew, the whole of those proceedings arose against those men under what was commonly know as the t.ithe agitation he would not call it tithe riots, because that might appear to prejudge the case. In pursuance of that agitation certain persons, of whom these twenty were members, had resolved not to pay tithes. That in itself might be right or it lmght be wrong. That, however, was not the issue. But when in the performance of their resolution, they combined or acted in a lawless or tumultuous manner, or caused persons to apprehend a breach of the peace—then they were doing that which the law said was criminal. He agreed that it might not be criminal not to pay tithes. That was not the point. It was in not paying tithes when a I warrant of justice had been obtained' and I entrusted to the proper official (the bailiff). When the warrant was entrusted to the proper official it was lawless conduct on the part of any men to take it in their own hands and say that it should not be executed. The orders of distraint which Mr Robert Lewis, the bailiff, bad in his possession on November 24th numbered 11 for Penfoel and six for Penlan. Having briefly surveyed the facts of the various cases, Mr Benson gave his definition of a riot in Hawkins's pleas and a later definition by Chief Justioe Tyndall. Acts that had been committed showed that there was an assembly of three persons met for the common purpose of preventing Robert Lewis going on to the farm in question and if they in so doing used threats and behaved in a turbulent manner so as to cause firm and reasonable men to appre- hend a breach of the peace, then those men were guilty of riot. They were guilty of unlawful assembly whether they caused that or not. He was sorry to appear there to prosecute, because he agreed that those men might be actuated with what they thought was a genuine grievance, but they were not entitled to seek for a remedy in force there was a constitutional way of getting the remedy, and that was through their repre- aentatives in the House ot <Àmmoo¡;t. IVlDESrCE OF CHIEF CONSTABLE BVANS. Mr Howell Evans, Chief Constable of Car- diganshire, was then examined. Ha provided a police escort of 25 constables, for the purpose of protecting Robert Lewis in carrying out process of distress for tithes, particularly in the parish of Troedyraur, Bettws Evan, and Penbryn. Mr S. T. Evans objected to Mr Benson taking a roving commission into any other parish than Penbryn, in respect of which only the defendants were summoned. Mr Benson replied he was only eliciting an historical fact. The Chief Constable, resuming his evidence, said that on the 24th November last he acccm- panied the bailiff, with a force of 24 constables, with Mr Miers, Mr Peterson, and a reporter, Mr Roberts, ex-mayor of Cardigan. Mr Evans said the Pressman was present not as ex-mayor, but as a reporter. (Laughter.) The Chtef Constable, proceeding, said the party, after going two miles in the direction of Penbryn, met a man on horseback. The man blew his horn, and galloped away in the direction of Penbtyn. It had not dawned yet, and it was too dark for him to recognise the man. What time does the sun rise on the 24th November?—I don't know. (Laughter.) Examination continued At New Inn Gate, where the road turns to Penlan Farm, they met oersons on horseback and on foot. The defend- ints, Griffith Davies and Thomas Daviee, galloped on in front. After proceeding some distance they found large stones and timber lying on the road, the obstruction being sufficient 90 prevent the passage of the vehicles. How large were the stones Large is an slastio term.—I could not say, but they were too leavy for a man to lift. (A Voice: "Tut, tut.") Evidence resumed They had to dismount and remove the stones. At Penlan there was a crowd of 200 persons some on horseback, the majority JD foot, and some armed with heavy sticks. The ) entrance was protected, and on the fence there was barbed wire on a pole. On the farm side of the tence there were a number of people formed into line. On the road there was a large number of persons, including the defendant David Griffiths, Senant of Penlan. The bailiff failed to but succeeded in going t over the fence into Penfoelland, followed i by the police and crowd. When they, with the batliff, were going on the land, the crowd followed in an angry mood, and very ex- cited, shouting, Out with him, out with him this is too bad," and You will have it." They marched across the fields to the farmhouse, being surrounded by the crowd in the meanwhile, and the defendant David Griffith-, Penlau, saying, When you go to the road you are not going to make a second entry to the premises, as the bailiff has no right to do that." Witness replied that I the bailiff had a right to enter anywhere, he having got on the land, and that if the crowd should interfere it would be his duty to clear the crowd to make way for the bailiff to search for I goods to distrain upon. David Griffiths answered, You will not clear the way to-day." Witness asked if the crowd intended using brute force. Griffiths replied, We shall use force enough to keep you out." At Penfoel entrance gate a large I crowd was drawn up on the road, separating I the bailiff and the police from the haggard. Some were on the road, others on the fence, and others in the haggard, all being men, and almost, if not all, armed with sticks, which were heavy and large, and appeared to have been brought there for a purpose. The crowd were angry and excited. They included the defendants and Evan Thomas, an ex-police constable, Mr S. T. Evans Is that against him? Mr Benson It is a fact. Mr S. T. Evans What is the bearing ? Mr Benson You asked a conundrum, and I have answered n. The bearing is that he is easily identified, being known to th" chief. —The Chief Constable then proved seeing all the defendants in the crowd except two-Charjes Jones and Evan Jones. Proceeding, he said that the defendant David Griffiths shouted, Now, boys, look sharp," and the crowd elosed. Witness then halted the police when the bailiff asked him to clear the way. Witness marched the men forward. The defendant David Griffiths, calling on the crowd, said, Are you going to allow the bailiff and the police to go any further 1" To which the crowd replied in chorus, "No." Griffiths then asked, Are you going to stop him going in ?" The crowd, with sticks uplifted and in a threatening manner, replied Yes." Witness said they must not blame him for the consequences, as the law must take its course. David Griffiths, of Penlan, then answered, We are well advised, and are prepared to meet you anywhere." The crowd was about 200 in number, and comprised about 20 or 25 horsemen. The men were brandishing their sticks about, and were very excited, threatening the police and the bailiff if they would advance, and standing their ground in a fighting attitude, with their sticks uplifted, as ready to charge if the police would advance. I (Sensation.) Soiiisone in the crowd said if the bailiff entered he would not come out alive. Witness could not say who the particular person the crowd was who said this. The crowd further said they were ready for the police, and remarked, Come if I you dare. We challenge you to charge us." In the meantime there was great noise.—Mr S. T. Evans It was not a Quakers' meeting,I suppose. —The Chief Constable, giving further remarks j which feU from the crowd, said they exclaimed Come on, we are ready for yon." You were there to assist the bailiff in carrying out the process of the law. Why didn't you do so ?—Because I considered that the force I had I was not sufficiently strong to do so. What do you anticipate would have happened had you tried to do so ?-I anticipated that the force I had would have been beaten, with the result of considerable bloodshed. And do you think that the circumstances were such as to lead to the fear in the minds of ordinary, reasonable persons a breach of the peace? -I do. And you withdrew your men ?- Yes, Examination continued: The women and children in the crowd were drawn apart from the crowd itself. You have had in your service during the last five years great experience of crowds and I riots?—Yes, and previously. Bringing that experience to bear on this crowd, would you say I it was an angry crowd ?—I do. And threatening ?—Yes. Evidence resumed On the three days previous to the 24th November, witness and his force had been escorting the bailiff, and he had noticed several of the defendants in the crowds on those days. Mr S. T. Evans objected to evidence being taken about any dates except that mentioned in the sl1mn;on. The Clerk to the Magistrates (Mr W. George) held that general evidence to prove the con- spiracy was admissible. The Chief Constable thereupon detailed the events of the three days prior to the 24th Novem- ber. On the 21st, the defendant Griffith Davies, Alltywrdda, who was in the crowd addressing P.C. J. Jones (No. 19), said. Which of our heads is the harder to-day? Mine is allright how is yours." Then turning to the crowd, Davies said, Mark No. 19." Witness advised him to use no threats. On the 23rd November several assaults were committed, but not by the defend- ants. The assailants were fined and convicted. Mr S. T. Evans said this was grossly unfair to thedtiendants.and was simply meant to prejudice their case. Dr. Enoch Davies (to the Chief Constable) Were not these men fined for a technical assault for putting a hand on your onlcers Chief Constable Yes. Dr. Enoch Davies That was very seriouq-it was only a technical assault. Mr Benson An assault is an assault, whether it is technical or not. The chief-constable having been under examina- tion from 11.30 till three o'clock, was cross- examined by Mr S. T. Evans. The Chief- constable said he did nob mean to suggest for a moment that the crowd intended to use their sticks or any other weapon except in the event of the bailiff attempting to force his way through their ranks. It was not until the bailiff made a 6uclden rush on the Penfoel land that the crowd first made use of angry expressions, so the bark of the people of Penbryn is worse than their bite. They did nothing but bark that day, at any rate. (Laughter.) The crowd on the 24bh November was the most threatening crowd he had ever aeen. The chief constable's cross-examination con- cluded at twenty minutes to five, he having been so far the only witness. P.O. D. Jones, Adpar, Newcastle-Emlyn, was the next witness. He said he heard the defendant, David Griffiths, say to Mr Peterson, What does a devil like you do here, trespassing ?" and then riised stick above Mr Petarson's head. Witness spoke as to the 20 defendants being in the crowd. Crops-examined, witness said he did not know who Mr Peterson was, and for aught he knew he was a trespasser, (Laughter.) Witness bad not seen any tithe crowds more threatening than the one in question. At 5.50 the court adjourned till 9.30 this (Wed- nesday) morning.

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