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Family Notices


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sensibility. I have seen persons insensible from drunken- Bess, and I have seen them vomit; but they rallied ven soon afterwards. Cross-examined by Mr Price I saw Rees about ll o'clock on the following day he was still insensible I -was told by the warder that be had not spoken. Th skin was broken under the left eye. Judging by ap, pearanoes, I don't think the man was very drunk. Anne Phillips deposed I live in Ruther Lane. Abou &ve o'clock on the night of May Fair I was going for Walk, and when near Mr Winlow's house :at Portfield I law two girls with Ree3 and Lewis going before me. Rees turned back, and by Mrs Pugh's I saw several boys. TWJ or three of them were at Rees: Warlow and Jenkins knocked him. Rees was standing up, and I think Warlow took hold of his foot and threw him down. Both kicked him but I don't think Lloyd did oiuch; he was there with them, but I am not certain that he did anything. Some of the boys called out Finish him kill him." They ran away to the Dale R)ad. There were about a dozen boys with them, and they went back towards the Fair. I saw Rees lying in the grip of the hedge quite insensible. Colonel Peel and another gentleman passed by, and Col. Peel sent for doctor. I did not see Rees move at all after he was d.)wn on the ground. He was removed to Mrs Pugh's. I saw them kick him a good many times. This was the evidence,for the prosecution. The Bench said there was no evidence against the ^prisoner Lloyd, and directed him to be discharged from Ictistody. The charge, in the usual form, was then read over to 'the prisoners, to which they pleaded not guilty. Ann Absalom was then called by Mr Price, and was examined in behalf of the prisoners. She deposed I ¡live at Pearson. I was at May Fair. I knew the pri. soner Jenkins: he lives at the adjoining farm of Mullock. laiet Rees in the upper part of the Fair, and he, I, and :atlother girl walked together. I did not invite him to 10 anywhere. We went to the dance, and Jenkins came ( j*fter u9. I did not invite him over. I and the other i8»l went out, and Jenkins came out after us. We went 01 the Oak Inn. and remained there a quarter of an hour. Rees was left in the dance-house. From the Oak ^6 went to the Fair, and met Rees. He told Jenkins "to stand back I saw him shove bis fist against Jenkins, ,%ho said nothing. Be came after us again. I was in the corner shop, but I did not see Rees squaring gainst Jenkins. I did not see Ree3 strike Jenkins by Jara?s Thomas's house. I did not want to go with £ 'ther of them. I went to the corner shop, because 1 ^*<1 business there. Rees was not sober, but be knew ^hat he was doing. I don't know whether I was called at Portfield, but I went back, and saw Rees lying in the grip. lie never spoke. This <was the only evidence adduced in prisonera' behalf. The Bench stated they had resolved to commit the P^ aonors for trial. Mr Price and Mr James asked the Bench to commit we prisoners for trial at the Assizes, in order that they lr4ight have the benefit of the assistance of counsel. The Bench acceded to the request, and the prisoners ^e*"e accordingly committed to take their trial at the Assises. Bail was accepted for their appearance—the prisoners £ 20 each, and two sureties each in the like amount, I; he father and brother of the prisoner Warlow were as bail for him; and John Llewellin, of Slate n and James Llewellin, of Mullock, on behalf of the prisoner Jenkins. THE MILITIA AND THE POLICE. Thomas, a corporal in the Royal Pembroke- Vith Ar,il1 erv Militia, was charged by Supt. Ceoi, ^law'ully aiding Richard Swales to resist P.O. "S™1?6 in the execution of his duty, the said Richard ^aies having been lawfully apprehended, fl Prtce-apjKwe^fcw the cooaplainant, and G. Leader *en appeared for the defendant. 3rr Price, having briefly staled the faots of the case, tal "d P.C. John Simpson, who deposed: The warrant pro- ceed was placed in my hands for execution, signed by "t Harford, who is a magistiate of this town. It directed %e-to apprehend Richard Swales for drunkenness. On I?6 22nd instant I proceeded to execute the warrant, rphard Swales, who is a militiaman, was in plain rj^hesi and it was the day before the militia was dis- E^odied. The warrant was given to Sergeant Major who went away, came hack, and handed the rrant to P.O. Morse, telling him to take the man. apprehended him, and took him away five paces. SStn6 defendant said, 'Dick, don't move a peg ofF the because Sergeant Slate is gone to Captain A number of militiamen came ro'ind us at that 5.0 1 cautioner the defendant, telling him to be careful citiQ he was at, and not to interfere with us in the exe- P.Q n <>f our duty. He shoved up his right hand against Ua^^trse'8 right shoulder. The defendant is a rnili- Maj0t 'I then turned round and sang out for Sergeant- fifO'vn, who (fame down and ordered the men off, toojf hj 03 t0 'eave Swales go with the police. We CroSK to tIie police station. S«rgja e*amined The defendant was in private clothes. is the sergeant of the defendant's com- 'he com men were not under any command, for half ,??Pany were in the Dragon. *he?)"o anr,i,ied The defendant was amongst the crowd the n, rKeant-Major Brown gave the order to us to take Air n awa7- uwen said he might here state what the defendant's Woul(l be to the charge. Sergeant Slate left the Wi e ground, and gave the men in charge of the de- VP nt' wl,° was a corporal in the regiment. The tho nt-Major delivered the order to the police to take 4ieflll8n» but the order was not communicated to the tjj.^dant, who simply obeyed his superior in not letting p^an go until be was ordered to do so. Morse deposed that he was present on the.occasion Cor, to by P.C. Simpson, and that his evidence was o«*t. !C°3S examined: I bad no conversation with Sergeant "<lis 6 Previously to taking the man into custody. He ^J^ted the payment of 2s Gd and Is for conveyance of -bo¡¡¡S He sai,¡ he could not Bee on what ground it 5'd be paid. He made no offer of payment to rae e Part of Swale?. He did not make the offer until Was apprehended and brought down as far as *t0>y Lane. I was present when Sergeant-Major Returned with the warrant, and said we were to 'ho man. The defendant did not say anything to to suppose that he was acting under order?. SHJD 4 S,ale 8ai'J he not like to see a man of llis ''Hi K y iu custody, and that he would pay anything (or Xb:Un°tthen. h for mined '• The conversation about the payment of Snjert0nvey»nce took place before the man was appre- 6 ttia Wben Slttte said he Would pay tbe molJe? for fhi8 n was in custody. » 0Was tlle oase far tlie complainant. %CVen said that 80 far ,rora Ihe Militia offering any i S(W t0 the P°lil;e in the discharge of this or any cl8'r0us ♦ *hey had during their embodiment been always bf > ae 8 render them every facility. The facts of the ih°1ght, Was instructed, were these:-A warrant was lb \l»e "P/or the arrest of a man who was then serving Ur "la> a"d the warrant WAS taken by Sergeant- Hjp1' to kW? t0 commanding officer, who ordered the ,,ancie^ ovcr t0 the civil authorities. In the ^elon s.e,'8eai'1 °f 'he company to which the unH a'd tie wou!^ nieet ihe obligation for the C<l8e "0uld pay the naoney for him He said he 8ivi0nls1Ci,P,'a'r,» dntl left '.he ground for that pur- \6c°iBnn le def^udant (who was a corporal in the oi thny' aild lhe nexl offlcer to him on parade)- \ret*>0v,.rt Me, and telling him to see that Swales was IQ t1:l1\ay is during hi.-absence. While Sergeant Sll\'e r,Reant- v,aj°r Bro" n had brought directions Ski'be roi& the commanding officer that the man tWe«teW'lvere<1 uPi but theso orders were not com- H t|l( l,)e deiend'int, who in what he did simply ^nL^Onld :r ot his superior, and if he had not done .Nth ,^ent i6 !lsen iiahlf 'inder the military law to '"il reiatj (-'0nS!dering the necessity thaie was tha! mil,?"8 K"°d fe^nu^ should exift bftween tbt %y ^here ary atvthoritieo—particulaily in EUverfonl th^^ht h man>' soldiers were quartered, and wher< N«he 'finintp Baicl to be dependent upon the military tNt» "le du?anceofS°od order> he thought it was as J*6ir us w °f-the police to use forbearance and «KSe that1sacti^as dut>' of tl)e military authorit'es in i vHe^e1.(iefen?-nS with 11,0 clvil Powers- 1° "'e presen' A nQt obeyed the orders of hi< superior,' hy Jij think the Bench would punish the de wo0',?1 'avv: ^or not ^°'ns '^atl whicb, had bave rendered him liable to punish- eally in obedience to the commands of his superior fficer, and without the slightest Intent to resist the lolice in the execution ot their duty. Sergeant-Major Brown deposed: On the morning of he 22nd of May, P.C. Morse came to me on the parad rround, and told me he had a warrant for the apprehen- ion of Gunner Swales. He said, 1 must have him.' ] old him be could not take him without the authority ,f the commanding officer. He produced his warrant, md I saw it waf signed by a.msgistrate. I took it to the commanding officer, who gave orders that the man should be handed over to the police. 1 returned to vlorse, and handed the warrant to him, and tdd him to take the man. In about two minutes afterwards I saw a crowd of men round the policemen, and I went up to hem. I asked what the noise was about, and several men said that Sergeant Slate had given orders that the man was not to leave the ground, as he would pay the money for him. I told the mer. that they had nothing to do with that whatever; that I had given the orders to the police to take the man away, and that they must stand back. The men dillpersed at once, and I saw the constables take the man away to the head of Upper Market street. 1 believe that Sergeant Slate was ab-ent then. and the next non-commissioned officer present would have authority. He would bo liable to punish- I ment, under military law, for disabedience of orders. Cross-examined: I should think that Sergeant Slate was aware that I had gone with the warrant to the commanding officer. Sergeant Slate had power to order the man not to be given up until I returned. T was in uniform at the time J did not know that the defendant had received orders from Sergeant Slate, or it would have been my duty to have gone to him and told him to give up the man. Sergt. Slate: I was in command of my battery on the morning of the 22nd of May. There was no officer of my company present. Morse brought me a warrant to arrest one of my men. I saw there was an item of Is for conveyance of the prisoner, and as the prisoner had not been conveyed, I said it was not a proper charge. I told the policeman that I had just as much right to charge a man for an article whichhehad never had, as he bad to charge the man Is for a duty which he had never performed. I said I would pay the money if the shil- ling were struck off. In the meantime the Sergt-liltij r left the ground for the purpose of going to the command- ing officer. I went to get the money, leaving orders with the defendant not to allow the man to go away until I or the Sergt.-Major returned. I was not present when the police arrested the man. I him two in the custody of the police. In cross-examination, the witness said he did not know that the police had any power to arrest a man without the authority of the commanding officer. This was the rase for the defence. The Mayor In this case, the question is whether the defendant William Thooeas, is criminally liable for un- lawfully aiding and inciting Richard Swales to resist Police Constable Morse in the execution of his duty. This is a criminal offence, and it is necessary to show that Thomas intended to act in the way he did at the time of the commission of it, to make him criminally liable. The whole case appears to have resolved itself into a question of motives, and is so compressed into a very narrow compass, as to leave the motives of the de- fendant in this matter extremely doubtful. According to the criminal law of the country, we are bound to give the defendant the benefit of the doubt. We are unable to say upon the faots as presented to us that Thomas did intend to resist unlawfully Police Constable Morse in the execution of his duty. ASSAULT, Captain 0. T. Edwardes was charged with assaulting David Thomas. Mr Price stated that he appeared for the complainant, and that the defendant had made explanations which bad satisfied the complainant, and that with the permis- sion of the Bench the case would be withdrawn. Mr G. L. Owen, in behalf of Capt. Edwardes, aaid he was desirous that the application made by Mr Price should be granted, and that the case should, with the permission of the Bench, be withdrawn. The case was then withdrawn. George Carter wus-charged with an assault arising out of the same affair. Mr Price appeared for the complainant, and Mr G. L. Owen for thedefendant. On the application of both parties, the Bench permitted the withdrawal of the case. EESCUIKO A PRISONER FROM THE POLICE. Charles Jacks and Thomas James were charged with assaulting Thomas Handcock, a special constable, in the execution of his duty, on May Fair day. Mr Price appeared for the complainant. Jacks denied the charge: James did not appear. Thomas Handcock deposed I am a special constable, and was on duty last May Fair day I saw two country boya fighting, and I and Police Constable Morse separated them. In about ten minutes afterwards, I saw them again going to fi^ht, and I caught hold of them, and was bringing one down to the Police Station, when the defendant took him away from me, and I never saw him agtin. Jacks caught hold of me by the cheek, and the other defendant kicked me over the shin. I was in the uniform of the police at the time. The defendants were quite sober: they were mititiamen, and in uniform. Superintendent Cecil deposed that, after the service of the summons, Jacks called upon him, and asked him to forgive him, and enquired why he was summoned more than anyone else. He said that there were others there, who did more than he did. Jacks, in his defence, asserted that he never touched the complainant. There were 2 women holding the man who was in custody, and he removed the women as they were nearly choking him. He thought be acted a manly part in taking the women away, and while he di.l so, the man was removed by other persons. He did not rescue the man at all, or interfere with the constable. Lettice John, of Quay-street, deposed that three men came out of the Bush Inn, and told the constable to leave the man go. One of them caught hold of the oonstable by the heels, and the man escaped out of custody. Jacks did not touch the constable, but she heard him ask him to let the man go. The Mayor said the Bench were of opinion that the case was proved, and it must be fully understood that persons, particularly those who wear the uniform of Her Majesty's soldiers, should not interfere with police offi- cers in the execution of their duty. It was the first time they had been charged with such an offence, and the Bench would not pass a severe sentence upon them. The sentenoe of the Court was that they should pay a fine of Wd and costs, and in default of payment in 14 days, to be imprisoned f, r that peikd with hard labour. DRUNKENNESS AND RIOTCUS CONDUCT. George Summers, of Dew-street, was charged with drunkenness and riotous conduct. The defendant denied the charge. Police Constable Harries deposed that the defendant was drunk and endeavoured to rescue his son from the militia picquet. He struck the sergeant of the picquet in the mouth. Sergt. Bowler, of the Royal Pembrokeshire Militia, (jfposed that the defendant wa.4 drunk. He brought up the picquet in consequence of a row, and he found the defendant's SOil, who was a militiaman, was the cause of it. He took the son in charge, and the defendant tried to rescue him, and s vu-k him in the mouth. P.O. Simpson proved the defendant was drunk, and very munl) exd'cd In reply to the B. Supt. Cecil said that the defendant had been twice previously convicted 'pr similar cfferices. The defendant was ordered to pay a fine of 10d and costs. ASSAULT. Alfred Bevan, was charged with assaulting William John, of North Gate, on the 20th of April. The defendant said that he struck the complainant in elf-defence. William John deposed that he was at the New Inn on the 20th 01 April, when a dispute arose between the 1efendant and himself respecting half a cup of beer. ile took it up and the defendant claimed it. The de- fendant sna'ched the cup out of his hand, and struck 'lim over the eye, breaking the cup with the blow. A >iece of the cup rfmained in the defendant's hand, and je threw it at him, striking him again on the eve. fendant asked him for the cup twice, before he struck him. W. James gave similar testimony. In defendant's behalf, George Bevan deposed that the complainant t)ok the defendant's cup of beer, which had been removed, with another cup, to prevent the complainant getting it. When the defendant asked for it back, the complainant .aid, he would see him —— before be would give it. While he (witness) was endeavouring to persuade the complainant to give it up, he was se zed by the hair, and was struck in the mouth by Thomas Mortimer. The next place he found himself was in the brew house, and he heard the complainant say that the defendant should die that night. He saw no blow struck by the defendant. Philip Williams deposed that the complainant caught hold of his cup first, and then of another; of which he had charge. He asked the daughter of the landlady for his cup of beer, and she told him to go away as he had had enough. Complainant then took defendant's cup, and would not give it back. He did not see any blows struck, but he saw blood on the defendant's face after the affair. This was the caso for the defence. In answer to the Mayor, Supt. Cecil said that the defendant was a respectable man, and with reference to the complainant, said that he held a warrant then for his apprehension. The Bench fined the defendant 10s. and costt, which were ordered to be paid iu 14 days. DRUNKENNESS, &C. John Devote. Thomas Frances, John White, George Evans, James Thomas, and Thomas ltfortimer) were con- victed of drunkenness and severally fined 5i with costs. James Evans was charged with druukenness and riotous conduct, and fined 5i with costs.