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FATAL QUARREL AT MAESTEG.

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FATAL QUARREL AT MAESTEG. PRISONER CHARGED WITH WILFUL MURDER. POLICE-COURT PROCEEDINGS. At Bridgend on Thursday afternoon week James Price, mason, Alma-road, Maesteg, was charged with unlawfully wounding, with intent to inflict grievous bodily injury upon John Daviea, mason, 10, Company-road, Maesteg, on the 9th inst. After hearing the evidence of Police-sergeant Hill. as reported below, prisoner was remanded on hail xmtil Saturday in £,2û himself, and in one surety of £20. Mr. Daniel, the contractor for whom prisoner and Davies worked, becoming bail in the latter amount. At this hearing it will be seen that a doctor's certificate was put in, stating that Davies was progressing favourably, but, unfor- tunately, this progress was not maintained, and the unfortTInate man died at four o'clock on Friday morning. Police-sergeant Hill, hearing of the death, at once proceeded to re-arrest Price (who is -a. married man afcout 40 years of age), and charged him "lith murdering Davies. At the further hearing on Saturday, as will .be seen from a "perusal of our report, a strong appeal was made to the Bench on behalf of prisoner by Mr. Scale for bail, which was disallowed. EVIDENCE OF PGLICE-SEKGEANT HILL. Police-sergeant Hill said I am a sergeant of police, stationed at Maesteg. On Tuesday night, the 9th inst.. I was sent for. and went to No. 9, "Company-row, Maesteg. I found John Davies lying in bed groaning. He appeared to be in great pain. The lower part of the front was covered with blood. He complained of having- been kicked in his privates. I examined his private parts. His testicles were swollen as large as my two fists, and lJiood was issuing from his penis. I at once went for a doctor, and Dr. Clay (Dr. Davies's assistant) returned with me, and he -examined Davies. He said he could not then state the extent of the injury. I met him at the house the next morning, and he examined Davies afresh, and he said that the man was in a critical state. The same day, at my request, he gave me the Certificate a A." which is now produced by me. and which states that" John Davies suffers from the effects of rupture of the urethra, and is in a critical condition." I arrested the prisoner that morning, and took him to Davies' bedside. Davies said in his presence ■"Yesterday evening, about three o'clock. Price jsrave me sixpence to go and have pint of beer. "There was another man (Vincent), who went with me to have beer. When we came back Price said I had been a long time away. I called Price a liar. and then Price struck me five or six times, and knocked me down on the Hoor and when I was down on the floor he kicked me from behind in the privates." Price said in reply, I did strike you but I did not kick you." I produce another Certificate "B." given me by the doctor this morning, which states that "Davies is progressing favourably, but is not yet out of danger." PRISONER AT THE PETTY SESSIONS. At the Bridgend Petty Sessions on Saturday -afternoon, before Mr. R. W. Llewellyn (chairman), Colonel Franklen, Mr. C. P. Davies. and Major David, James Price. Mason. Alma-road. Maesteg. was brought up again, and as it had become known that the unfortunate Davies had died, the deepest interest was manifested in che case by .all present. The prisoner, who seemed to feel his position acutely, paid very great attention to all that was said, and seemed very much disappointed when the bench refused the application of his solicitor (Mr. Scale) for bail. Mr. Superintendent Thomas prosecuted on behalf of the police. Mr. Scale (Scale and David. solicitors. Bridgend) appeared for the prisoner, Mr. T. Stockwood (magistrates' clerk), and Mr. S. H. Stockwood (deputy magistrates' clerk) also .beingpresenr. The Deputy Clerk enquired whether Superin- tendent Thomas intended to proceed upon the charge originally preferred against the defendant. viz.. that of unlawfully wounding and of doing -grieves bodily harm to John Davies, or to proceed on a charge of wilful murder. Supt. Thomas The charge is now one of wilful murder. The Deputy Clerk Let me have it in writing. Superintendent Thomas I have written out the charge. The Deputy Clerk then formally informed the prisoner that the charge against him was.Xi that he did feloniously and maliciously kill and murder one Joikai Davies." The Deputy Clerk to prisoner You will hear the evidence given against you to-day. Mr. Scale I should like sufficient to be gone into so that I can apply for bail. When .the facts are gone into they will throw an entirely different -complexion upon it. Superintendent Thomas I only propose to offer. ..sufficient evidence for a remand. Poliee-cergeant Hill was then sworn. The Deputy Clerk You gave evidence this week upon a charge against prisoner of unlawfully Wounding John Davies. I will read it ts> you, and you can say if it is correct. The Deputy Clerk then read the evidence given $>y Poliee-sergeant Hill at the first hearing on Thursday v/eek. and that officer then said ke wished to add that Davies died at four o'clock yesterday •(Friday) morning. He received, information, of iis death at five o'clock. Superintendent Thomas: Was the prisoner bailed out'' —Witness Yes. I re-arreste.-l him sifter the man's death yesterday morning- about 5.30 o'clock. Superintendent Thomas What -did you. charge Jiim with then.'—Witness I charged him with murdering John Davies by kicking him ill..his privates on the evening of the 9th inst. Mr. Scale: [I; it not a fact that fee was a man in a. bad state of health, aud a great drunkard Witness I have not known that, nor been told that. Mr. Scale He told you that he had been kicked from behind?—Witness Yes, Sir. He saidtlkat he was knocked down on the floor on his sida, aud that he was kicked from behind. Mr. Scale I believe defendant is foreman of tfce «work where deceased was engaged on *—Witness No, Sir, he is not. He is the oldest hand there. Mr. Scale He is one of the chief men there at the building!—Witness He is there. Mr. Scale He must have been in some authority Ijecause he sent him away I-Witness He is there, and the contractor, Mr. Daniels, was absent, and the prisoner was ic.. charge.. Mr. Scale: Then the deceased told you that he was a long time away drinking this beer.3—Wit- ,nes8 • That he said he was a long time away Yes. Mr. Scale And ke called him a liar .'—Witness Tea. Mr. Scale On Thursday when you arrested the prisoner bail was given, and there was no objec- tion offered to bail .f-rWitnsss No, Sir. Mr. Scale: And the man reemed to be getting on pretty fairly ?—W itecss n s. Mr. Scale: You knew the deceased man before ? The Deputy-Clerk: (Did he say anything after you-charged him 1—Witness He said nothing. I produce the boots which he wore on the occasion, when the row took place, and the shirt and trouset.3 of the deceased man. They are saturated "With blood. The'Ch airman We do not was t to see them. Mr. Scale You kneyr the deceased man, Mr. ;HU1 ?—Witness No, I 4cu't know that I did. Mr. Scale Had you seen him.before ?—Witness J:io, not tt. my knowledge. Mr..Sca'e Had you heard of l £ m !—Witness f.: have heard since of him. I had ,'ieard nothing 4f him previously. Mr. Scale You have no ,,■season te believe that there was at y bad feeling beforehand 1—Witness No. Mr. Scale They were btfth together some hours after this happened at the Ro^al Oak ?— Witness: Yes, sir, I have heard so. Mr. Scale .1' was about four o'clock jvhen this happened, and >1 believe you know and heard that for two or three hours prisoner, and deceased were together drinkiiu ■ It is simply for bailor.urpo3es that I am going into the case novr.—Witness I have heard — The Chairman No, you had tetter not fjo on. It is singly what J..e heard. It is oiofi evidence at all. Mr. Se&Je It is evidence. The Chairman No £ yet. It is only hearsay. Witness r continuing) I have Ko reason to believe that there was any ill-will between them. Mr. Scale Can j'ou-iay of your own knowledge that prisoner and deceased were together after tfeis happened *—Witness I have heard that they j were in the Royal Oak Public-house. Mr. Scale: This man (prisoner) is a respectable man, is he not ."—Witness As far as I know. Mr. Scale The .only thiut. to-day is the question of. bail. The deceased stayed away and called prisoner a liar, but the priso-aer can prove that deceased said something more than that. There are several reasons to Justify baj £ „ and I now ask you to grant bail. I am prepared to offer very snl. stantial bail. I have here a couple of Maesteg tradesmen who will go bail to s.uy reasonable extent. They will give bail—not a niggardly bail, hat bail to a very substantial sum, and J do, Sir, you to ftcoepfc bail in this, ease. Mr. Superintendent Thomas I oppose bail. The prisoner will be required to attend at the inquest on Monday next. It is a serious charge. I don't think it is in your Worship's power to grant bail. The Chairman Bail will not be granted. Mr. Scale To any extent 1 The Chairman No. Prisoner was then remanded in custody. j THE INQUEST. VERDICT OF MANSLAUGHTER. The inquiry was held on Monday morning before Mr. H. Cuthbertson, coroner, at the Police-station, Maesteg. Mr. Superintendent Thomas was present on behalf of the police, Mr. Wm. Jones was chosen foreman of the jury. The prisoner was taken from Bridgend by the 8.45 a.m. to Maesteg, and his arrival at the latter station. was witnessed by a few persons who exchanged nods of recognition with him. There was no demonstration. John Vincent, mason's labourer, 10, Company- row, Maesteg, said that he was working on some new houses in Bethania-street. Maesteg. There were two new houses with people living in them, and two were nearly ready for occupation. Last Tuesday, 0th inst., John Davies, the deceased, was working there too, and James Price (the prisoner). John Davies asked prisoner for six- pence, and as he had not got a sixpence he gave deceased and witness a shilling between them. They asked for the money for beer. That would be about half-past three. Witness and deceased went to the Royal Oak where they had two pints of beer each. They then went back to their work. after being away half an hour and a few minutes. When thev got back deceased went up the ladder, and witness supposed a few words passed between de- ceased and prisoner. Nothing was said until deceased was on top of the ladder—on the joist. Then it was that deceased and prisoner first had words. Witness was at the bottom, and did not catch what those words were. Then James Price jumped down from the scaffold. At that time de- ceased was on the joist. Price jumped on to the joist to where deceased stood, and witness saw prisoner with his hand raised, so he went to them. Witness did not see prisoner strike anybody with his hand. Deceased and prisoner were standing- close together, when Charles iSutcliffe called him up. Witness then went up the ladder, and went between prisoner and deceased. Deceased was then on the joist lying on -his side, and his arm bleeding. Prisoner was standing over him, and threatened deceased that if he did not get up he would kick him up. Witness saw blood on deceased's face, so he took the handkerchief from deceased's neck. and wiped the blood from his face. It would be about fiveminute8 past four when he (witness) went up the ladder. Deceased did not speak, and witness mumbled a few words in Welsh. Deceased lay there an hour and a quarter—until.a quarter past five o'clock. Witness did not speak t.o deceased again until deceased canee down the ladder him- self. After they-had Snished working deceased complained of having the shakes, or shivers. Witness did not see any blows struck at all. neither did he see anv kick. Prisoner threatened to kick deceased up! but he did not do so whilst he (witne*«s) was pre- sent. Deceased was not sober, but a little bit gone. He was not drunk: Prisoner was sober. Witness did not know how deceased came to be lying on the joist. When he (witness) went between thein after going up the ladder prisoner asked him what he wanted there, and witness said that he did not want anything, only that he (prisoner) would not touch deceased while he was there. Prisoner then went back on thescaITold to his work. Blood was coming from deceased's cheek and lip. Prisoner and deceased had some words in Welsh. Suteliffe was on the scaffold at the time and no one else. Witness did not hear deceased fall, -By Supt. Thomas When prisoner said he would kick deceased, his (prisoner's) foot was not raised.—By the Coroner Witness went to lodge in the same house as deceased for the first time on Saturday week.—In answer to a juryman, witness said the joists were covered with boards. There were no stones on the boards. Prisoner and deceased were working on the same scaffold in front of the house. Deceased did not say any- thing to him about how the blood came on his face. At the time he was called up he (witness) was near the mortar. Griffith Davies, mason, Aberavon. said that de- ceased was his brother, and was 38 .years of :-age last April. Deceased was a mason, and died on Friday morning at about a quarter to four. Charles Suttcliffe, mason, G, Temple-street. Maesteg, said that he was working on the same houses as the deceased and Price, in Betkania-street. Aoout thiee o clock Vincent and Davies went up to Price and asked for'the loan of sixpence apiece. Price gave them each sixpence. They wanted to get some beer. The two men then went to wet the beer. When Price gave them the sixpence each he said,Now take this and go and have a pint apiece,. and come back to your work, as we don't want to lose any time." They were away about three-quarters of an hour. When thev came back, Price said to Davies, "This is a ion'hall- hour that you have been away." Davios-then said You are a liar. We have only been avvav the bare half-hour." Price was on the scaffold at the top of the joist, and Davies stood on -the 'joist Price said to Davies, I'm not a liar, and you have a fine principle to take advantage of men when they are away." Price was left in charge while the master was away. Davies then said. I have as good a principle, and arc- as good a man as you They then went -8n talking- in Welsh, whi^h wit- ness could not understand. After that. Price jumped down and hit Davies twice or three 'times about the face. Davies fell down on his ri«--ht side on the boards. Witness went on with hie work not thinking that Price would be a coward to hit a man on the ground. Next witness heard Davies say," Price, you won't killlNe where I am;?" Then Priee said. "No, get up, and I will fight -,you fair." Witness then sar- Price hit Davies while he was or the ground syith his fist. Wiicess could not say where Da vies was strucL as .he raised-his hands to his face to protect it from the blow. Then witness said to Price, Less of that, or else I will interfere," an £ being afraid to <70 down himself as he had heard that Price was a vicious man, he (the witness}i called the labourer —Johu. Vincent- to come up. Vincent came:np. and then Price said something ,to Davies in ;1J,:elsh: ,I Vincent said, "No you won't you won't touch I him while I am hare." Witness-told Price to come ■up to talis work, and what Sr.ey had to settle ) between them to settle it wheu he (the deceased?)'j- was sober. Price tfhen went on with his work and Davies lay on Lis right sid*and appeared to and Davies lay on Lis right sid*and appeared to witness as if he was. sleeping. i-eceased remained I. there until a few rainutes before half-past five v .when they left work. Witness did not see Dmies- -strike Price at all. Navies seemed to be the worse if-or drink. He was not helplessly drunk, but^ if-or drink. He was not helplessly drunk, hut' witness thought that he had had -enough. Price 'I •w.as sober. YVitness ci;d not hear threaten to kick Davier if he did not get up. Witness couild HIST, say thiwuprice kicked Davies at ,all. but it was possible th»-"<,he might ihave done st without him seeing it, as ihis (the wi tness's) back was towards tfeeaa part of the time. Witness saw Price strike Daxses two or three (times witk :his fist in the face. Savies did not fall foeavily, but feU alongside the wrill.—By tfce Coroner: The boards were qv.ite clear, and there; was nothing dhat deceased could Stave fallen: agaiatfit and so hurt himsalf. Davies eame down j the ladder witkaut any assistance, wiseas. he went ■ home, and didn-pt compIai-K to witness anything Davies did not epeak to ipitness at aii.—By the Foreman Witness was present at the «wnmence- ment of the struggle. Whether deceased .was hit down or fell witness could ¡¡;,ot say. Deceased did not show any sijfs.8 .of beiKt.. hurt. The scaffold was 4ft. higher than the -.oist, and woe inside the building. Witeess saw d-jfeased coming- down the ladder, and did jr.ot notice anything pecaiiar. Ann O'Leary, 10. Conipant-row, MaesteK" said her husband was Johsi O'Leary, Deceased did not lodge with Eiler, but came to her ihouse about Mven o'clock on Tuesday evening. Beceased sat down and complained of feeling very poorly. He went out to the back to the eloset. ami was there abwixt half an hour, groaning very badly. Witness w-oafc to him and found him with lus trousers dowE. Mrs. McCarty, who lodged with witness, was witk her. She saw two pieces of blood on the closet seat, which she wiped up with a piece of paper and threw into the eloset. Witness asked him what was the matter, and decease! said that James Price had kicked him in the privates. They put him to bed, and he kept calling for the doctor.' They sent for the police, and the doctor was sent for about ten o'clock. Deceased died in her house on Friday morning about four o'clock. She could not say whether deceased had been drinking before he came to her house that night, as she had not taken any notice. He complained directly be came in the house. He was able to walk.—By a Juryman: Witness was present at the time deceased died, and s/as holding him up. lie was screaming with pain, and threw up several times. She could not say where deceased had been from five o'clock until seven o'clock, but she heard him saying that he had been in the Royal Oak, and it was from that place he came to her house. Dr. Thomas William Clay, physician and surgeon, assistant to Dr. Davies. Maesteg, said that about a quarter to eleven o'clock on Tuesday night Sergeant Hill called up the tube that there was a man at 10, Company-row, whom he should visit. Witness found deceased upstairs lying on some bedd/n^ tftat WW pn the floor. He appeared to be J sober at the time. There were marks of blood about his face. which seemed to have come from two or three very slight abrasions on his fate, and had stopped bleeding before witness saw him. De- ceased complained of pain about his privates. Witness then examined him, and found that there was a good deal of blood about his clothes. He noticed that blood was oozing from the urethra, and deceased said that he had .lost a great deal of blood, but that it was better then, and was not run- ning so much. Witness then found a dark coloured swelling, or bruise, extremely tender, and running traversely. Witness complained of pain across the scrotum and the testicles, but they were not at the time swollen to any appreciable extent, or discoloured. Witness concluded that he was suffer- ing from a ruptured urethra. Witness was not drunk, but under the influence of drink. He had been drinking as witness could tell from the pulse, but he answered every question. Witness attended him up till his death, and had since made a post QlLortnn-viz., on Friday, at 4.15, the body appeared to be fairly well nourished. The height was about 5ft. 8in., age about 40. There were several marks of violence—viz., two abrasions, one over the left cheekbone, and the other one on the forehead about half an inch above and to the out- side of the upper border of the eye socket or orbit. Witness also noticed that the mucous membrane of the mouth, gums and cheek were very pale and bloodless. The genital organs were swollen and discoloured. Witness opened the chest, and found both lungs healthy. The heart was normal in size. contained very little blood, was flabby, and the muscular fibres were pale. The valves were perfectly healthy. On making an incision •in the abdomen witness found over the pubic bone. and extending upwards for about two inches blood extravasation. That was not to be seen externally. It was confined to the deepest part of the skin, the loose tissue, and the muscular fibres. The peritoneum was healthy, the liver fatty, and the stomach healthy except that the mucous membrane was very pale. It contained three ounces of what appeared to be a curdy whitish fluid. The intestines were healthy. The left kidney was normal in size, the right kidney was also healthy. The spleen was enlarged and con- gested. The bladder was normal and contained about five ounces of turbid wine. Witness then pro- ceeded to open the skull cavity, and found on dissecting the scalp that blood extravasation cor- responding with the abrasion near the orbit, extending about two inches upwards and down- wards. Witness found that the brain membranes were congested, particularly about the base, the brain being otherwise healthy. The left testicle was injured. The right testicle was healthy. Dissecting the urethra, he found a rupture imme- diately in front of the triangular ligament. That seemed to be healing. The Coroner "What in your opinion was the cause of death Witness The cause of death was due to the constitutional effects of the injury, accelerated by loss of blood, and the previous history of the man's mode of life, which he (witness) gathered from the post-mortem appearances. The injuries to the head, and chiefly the injuries to the genital organs produced a severe shock. This was followed on the third day by an attack of alcoholic tomatic delirium, and that he died from heart failure or syncope during a violent paroxysm of delirium, being predisposed to heart failure caused by the loss of blood. The Coroner Can you account for the injury to the genital organs Witness It might have been caused by a falling astride of a fence. The Coroner It would not be caused by falling on a plain board ? Witness Oh no, it could not possibly be. It might have beec caused by a blow or kick. The Coroner: You have heard the evidence as to where this man fell. Could his falling on those boards have caused the injury to the genital organs. Witness It could not possibly have done. The Coroner: Might it have been caused by a blow with the list.' Witness It would have to be a very, very severe blow. The Coroner Could it have been caused by m, kick ? Witness Yes. The Coroner If done by a blow from the fist it must have been a very severe blow ? Witness Yes, very severe. The Coroner You do not think it ..w.as at all likely that it was done by the nst ? Witness No. The Coroner You think in all probability it was done by a kick Witness I would not say that. The Coroner .But it was more likely to be done by a kick than atlow W Witness It could have been done by a kick. The Coroner: You did not gather anything by the p-oxt-viortcm appearances as to any kind of disease that would terminate this man's life ? Witness Yes. ;I think from the few signs that this man might have led rather a rough life, that he had been a dnunkard-in fact, addicted to alcohol. The Coroner: If lie had not received these in- juries there was norireason to believe that he would have died 1 Witness No, thera is no reason to suppose that he would have dietl. By a Juryman -Deceased told witness that he had been kicked. The Coroner He-told you so ? Witness Yes. The Coroner: He w.aa quite sensible when you asked. him Witness 0 yes. Hew/as perfectly sensible. As sooira: I got into the cocm I was told that. The inquiry was then.adjourned for an hour— until two o'clock—for luncheon. Whffil the inquiry-Avas .resumed the Coroacr said I just flsrant to ask Dr. Clay about the blow on the head immediately above the orbit, was that a severe t-low ? Dr. Clay It was. Suva very severe blow. But I did noti;fiud anything one the post-mortem inside the skull cavity. Not<jff-asion ,of any sort. The (coroner The blow might have rendered ) him partially insensible. Witness It might. The Coroner How-eacyjM&i account for tis not complaining of the injury,,to the testicle for so long a tin: e ? Witness:- The influence of drink, Sir I believe he must have :felt pain there at the time. I de not believe that,ik.o was in such a state of intoxication that he would not feel the injuries according io the witnesses.who said that he was not druuk, ibut under the >uMBixence of drink. I ivould expect him to complain of the injuries to ohe testicle. .Police-sergeant Hill s&id that he went t-o" the høuse. 10, Company-row, aboait; SJ.30 at night. He saw the deceased lying OÄ. a bed .upstairs on vihe floor. He «r/as groaniifeg, acfc. appeared to be suffering great pain. Witness asked what was t-1e matter with bini. He sa-ill: "fl.ixve been kicked in the privates." He threw the clothes off, ag i wi<Kiess examined him. He founfl deceased's ta: ticies very mtulh swollen, aa&d his&twer parts wevo covered with bitod. the frowbjpart t?f his shirt war: satyeated witk blood, and .Also "Site seat of his tromers. He s4:iir;. he felt great p&ic^ and wit-nest: went for Dr. Cuuy. Witness -saw the doctor at the, house about 11 clock, and afterthefiiad left spoke to tht deceased. About 10 o'iack ei Wednesday morning witness-BMt Dr. Clay .a.t.the:house again, uvhen&ie saidcha10 the man apgKsaxed s«rorse than he waeitike night be £ c&e. and was its. a bad condition, j VVitnese then we»t«down to iib? new houses in ] Eethacia-street, wSiere the prisoner w&s working, j R:e called Price down from tfce ..scathfding, and tqild him that in consequence of What had hap- pened the previous evening betw.eati Mm and John Dai/ies ie wanted Jsiui to go »isth hb*a before Dairies ic see what lie Jiad to say against?*:im. He said, I ,will come with you nov," Witness took him to Navies' bedside.and repeat wh;ii; he hr.d previously told him. De- ceased tkfesi said About three o'clock yes- terday evening me Vincent. labourer, asked Priae for sixpence each to get some beer. He gave us a siril&iKg and told us not to be long away. We returned An about haif an hour. When I wc-jB-t up to my work Price said to Hie, You have been a long time away." I cabled Price a liar. We had a few words afterwaids, and Price jumped down aa¡:.d. struck me several times. He knocked me do&'n, and kicked nt«e when I was oa the ground, from behind, on tine privates." Priee said, I did £1"rike you, Jack, but Ididn'tkiok yon." Deceased ^cid. You did kick me when I was on the groujj.cL" Witness then j brought Price to the station and charged him with ■■ doing grievous bodily harm to John Davies by ) kicking him the previous evening- He made no reply..and witness then conveyed bam to Bridgend. where he was admitted to bail the next day. On following morning (Friday) witness received in- formation of the death of Davies. and went to the prisoner's house and called him up. He told him that Davies had died, and that he mwt go with him to the station. At the station witness cau- tioned him, ttnd charged him with the murder of John Davies. He appeared to feel it very much, but did not make any answer or reply. Witness produced the boots which prisoner wore at the time of the assault, and also produced the gl1Írt a.nd trousers of deceased. Mr. Supt. Thomas That is aU the evidence. The Coroner thenfmmmedup, and say it was for the jury to say by what means deceased came by his 'death. There wan no doubt at all as to i the cause of death. That had been distinctly given by the medical witness. Death had resulted from the injuries received, and the question was how did he come by those injuries ? There was no doubt, because the man admitted it himself that he struck deceased two or three times. It must have been a severe blow upon the*|head which made him insensible for some time, and probably in consequence of being a little in beer, he might not perhaps have been able to feel the effects of his injuries. The question was whether the deceased had been kicked. He did not know what opinion they might 1have about it, but one witness said he did not see any kick, nor any blow. The next witness said he saw blows but no kicks, adding that deceased might have been kicked without him seeing it. Next, the man lying on the ground called out to Price not to kill him. Whether Price kicked him or not that witness did not know, but they had the evi- dence of Police-sergeant Hill, who took Price to the bedside of Davies, who said that Price had kicked him. Price denied it, but afterwards when charged with causing grievous bodily injury by kicking Davies, he did not deny it, but made no reply. If the jury were satisfied from the evidence that Price kicked deceased, and in kicking him produced the injuries which caused his death, it was for them to say whether it amounted to murder or manslaughter. Of course they were not trying the man then, but they were simply ascer- taining the cause of the man's death, and saying whether Price was responsible or not. As to whether he was guilty of murder or manslaughter, that was a question for the jury who would have to try him all they had got to decide being whether it amounted to murder or manslaughter that he should take his trial for. Justice Keating on March 11th, 1857, laid it down in the case of Benjamin Jones, of Aberdare. that if a prisoner without intending to kill, inflicted bodily harm sufficient to cause death he was guilty of murder. The law was not changed from that time to this, and if prisoner had kicked the deceased so as to cause his death he did not see how the jury could reduce it to manslaughter. There must be some provocation to reduce it to manslaughter, but in the present case the provocation was very slight, and was to the effect that when Davies was told by Price that he had stayed a way longer than he ought, Davies said You're a li?ir." It was for the jury to return a verdict of Wilful murder or "Manslaughter." and if he could give the jury any further information he would be glad to do so. They had heard the evidence, and it was for them now to consider the verdict. The room was then cleared, and the jury de- liberated in private for half an hour. The Coroner then announced that the jury returned a verdict of Manslaughter" against James Price. Prisoner was then committed for trial at the next assizes, the Coroner intimating that he would accept bail. „

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