The Cambrian

""=- To the EDITOR of The CAMBRIAN. MR. EDITOR,—The following extract from an article in the Welshman newspaper of the 18th inst., reflects credit on that journal. I purposely oinit those passages which have reference to" Torv Parsons," or to the claims of Mr. Tliirlwall, on the score or what is called liberalism," the drv question under dis- cussion being- has the Welsh Church suffered any detriment from the appointment of English Bishops? Had the Editor of the Welshman been influenced by a wish to acquire a false popularity, he might have indulged in that senseless strain of vituperation which has recently distinguished a neighbonring journal, con- taining most staggering assertions affecting the character of Tory and Whig administrations, as well as of the eminent Prelates who have adorned the Sees of Saint David's and Liandaff for the last filly years. "The laic Dr. Burgess, the predecessor of Dr. Jenkinson, presided °*er the See of St. David's 22 years; he did not know a syllable of Welsh, and yet we venture to say that there is npt a clergyman in the ■JioCese but will admit that he performed his duties lo the entire satisfac- tion of all parlies. He was generally beloved because he was affable, and mixed as much as possible with his cleigy; nothing was then heard (If the necessity of appointing Welsh Bishops. We need not refer to he gdieial popularity of the Bishop of Llamlaff amongst his ciergy; he >» also an Englishman. In fact it must be apparent that it is of little •nportance whether a Wel?h Bishop understands the language of the rincipality, or not; all the clergy speak English, and it is with them ih*"e "le has lo 'lo; he is never bronght into contact with eir flocks, except in administering the rife of confirmation, and then he lr<"n t"ac'' Minister a certificate of the fitness of ihe various can- Ktates. As we have before stated, in dispensing his pationage, the ishop receives a certificate under the hand* of the examiners as to the qualification of every candidate for officiating in the Welsh language, n short, if it were insisted that the Bishop of St. David's should be a elsliman, the same necessity would exist, but ill a much greater degiee, tililt the jit. of Assize, going the South Wales circuit, should also be a Welshman." I beg to conclude in the words of an eminent iudividual who thus expressed himself on the subject of a work prepariug for the press, by the Welsh- MSS Society. I heartity wish well to snob pursuits as illustrate the history and antiquities of Wales "—hot I deprecate all attempts to keep the people separate in language, habits, and opinions from the English. It is a spurious patriotism, undeserving of the name—it is in fact the very re- verse 01 true patriotism." I reman, Sir, Jour humble servant, July 22d, 1S40. CYMRO.

COURVOISIER. We invite the attention of our readers to the follow- ing exposition of the Phrenological Developments of Cour- voisier, with which we have been kindly favoured by a Correspondent:— Phrenologists, in comparing the mental character with the cerebral de> elopmenls of criminals, have to contend with a dis advantage which is less prevalent in other cases. Their previous history, as in the present instance, is frequently attogethernn. known; their lives have been passed in obscurity and all thai 'be public learn of them is the story of the crime for which they suffer punishment. In addition to this. the little that may trans- pire is liable to miscoiisivuction lor two reasons-namely. that only the dark side of their picture is seen and, further, that the ignorant are prone to regard the convicted criminal as the incar- nation of pure evil. Those who entertain this vulgar error cannot conceive the co-existence in the same mind of good and evil moral tendencies, and are ever ready with the sophism" the man who is papable of such and such an act is capable of anything bad, or is "'capable of anything good. The experience of all mankind, •owevei', and the observations of moralists of all ages, contradict "s hasty judgment; and, it is indisputable, that while the most atrocious, whose history is known, have shown redeeming quali- ,es. the highest examples of moral excellence have likewise inhibited proofs of mortal frailty. Of the truly great Lord Bacon it has been said, antithetically, that he was p "The wisest, greatest, meanest of mankind." at on the memory of criminals all the attributes they merit are hot conferred, for the reasons I have assigned—that their entire character is unknown, and that the prejudice and execration their crimes engender interfere with mens' estimate of what is known. to them may, with peculiar aptitude, be applied the sentiment of •Mark Antony, in his oration over the dead body of Caesar: "The evil that men do, Ihl's after them T 'le 's °" interred with their bones." In the absence, then,of all knowledge of Courvoisier's previous 1 e» at least of anything authentic, our inferences of his mental character cau be only deduced from the little information that ay be derived from the history of his crime, from his prevari- cating confessions, and from the wretched letter which he ad- ressed to the Ordinary of Newgale. With such scanty and n*uflieient resources it would be manifestly absurd tu attempt an Plf 8's 's generB! character, or to compare it with his hrenological Development; the former would be a mere tissue postulates, and the latter wonld tend to throw injustice and "nmeritfd discredit on Phrenology. This, notwithstanding, I regret to say. has been already done. There are, however, a very few traits of character exhibited in the story of his crime, to ich these objections apply less forcibly, and to them the follow- "It observations are confined. Aware of the extreme difficulty of applying Phrenology to such a case as the present, it occurred to me, on seeing an advertise- ?J|il announcing that the Statesman newspaper tontained a phrenological examination of the head of Courvoisier by James ville, to note down, for my own amusement, a few of the pro- oabU developments INFERRKD FROM CHARACTER, and then toorder a copy of the paper that I might see how far the inferences were "orneout by the actual examination of his cast. This method will Probably be II uch more satitifactory to persons unacquainted with evidences of phrenology, than the usual exposition of charac- ter drawn from development; and as I shall use the estimates of ""other person for comparison with the developments predicted myself from character, it will amount, as far as it goes, to a sort of experinientum cruris in Phrenology. As the sources from whence I have drawn my inferences are accessible to all—namely, e newspapers, it will be unnecessary to quote the particular passages. I shall, therefore, merely transcribe my notes as they "ere written at the time, subjoining to each De Ville's estimates and observations. t) ^a" °btain a cast as soon as it is published, *>nd deposit it in Museum of the Royal Institution of South Wales, where those "ho are interested in the subject, and are competent, by the study J Phrenology, may examine for themselves. INFERRED DEVELOPMENT OF COURVOISIER. AMATIVENESS. No allusion is made to this feeling; its energy therefore cannot be estimated. He says of his early years, he w*s not immoral; but what species of immorality is implied Cannot be known. It is not prominent in his story, and the organ n j^therefore be deficient. j Ville:—" Amativeness, very large. lNHABrnvENESS It is large generally in the Swiss. He large so,De 's country and friends it may be De Ville :_u Ratleer large." ACQus.TtVENESS, was very probably the motive for the mur- der; and SECRETIVENESS seems to have been habitually in action. » ,xvo play a distinguished part in his story, and are pro- ably the largest of the Animal Propensities if not of the whole the organs. V''le:—"Acquisitiveness, very large. Secretv'eness, very «• Upon an examination of a number of casts of criminals we *& (about 140), we find in none the organs of Amativeness, •> c,cfls?l'v*'ness< Secretiveness, and Cautiousness, so strongly de- famed as they are in that of Courvoisier." DESTRUCTIVENESS may be large and CONSCIENTIOUSNESS may be small (too little is known of his Previous history), but in neither, probably, are the degrees so xcessive as the atrocity of his orime might induce one, at first, lc> suppose. De Ville:—" Destructiveness, very large. Conscientiousness, Moderate." VENERATION. Ifhis account of himself to the Rev. J. Carver, the emotions there recorded, are not the- mere cant that criminals, with the rope round their neck, are taught to otter 'ke automata, he should have a considerable development of Veneration. Se —" Veneration, large." *IRMNESS. Probably considerable. P Ville:—" Firmness, large." REFLECTIVE FACULTIES. Too little is known to form a very probable estimate. They may either be deficient in development, *ery feebly cultivated. Jfolbing, however, came out to prove n in eitber- I n'\ Comparison, moderate. Causality, moderate." j n v ille's list of estimates Benevolence is said to be very in ,*a.s '° 'his particular in hisorganization that I poiuteii *eim'' Pre''m'n,ry observations. Of this, and several other de* opments, however, nothing can possibly be said, from oar isr- •KM'ance of his previous history. Ville's Scale of Notation Very large—taige—rather Urc moderate—rather small-email.

t'" aZ.AMOaOAN9HXftB ASeISBS. On Thursday se'nnight the Assizes for this county were opened at CARDIFF, before the Right Hon. Sir THOMAS ERSKINE. A numerous party of gentry, having dined ou that day with the High Sheriff (Michael Williams, Esq.), at the Cardiff Arms, proceeded on the Newport road to meet the learned Judgp, whom they escorted into town, where he arrived about six o'clock, and immediately pro- ceeded to the Town-hall, and opened the Commission. On Thursday morning, divine service was performed at the Parish Church of St. John, where the assize sertnon was preached by the Rev. Dr. Hewson, the Sheriff's Chap- t tin, who took his text from the 122d Psalm, and the 6th and following verses; when he proceeded to demonstrate that true patriotism is a p actica) combination of all those prin- ciples and affections which are dear to man in his national, social, and individual relations; and, that these animating motives, when under the regulation and control of religions obligation, characterize and adorn the Christian patriot. He showed, hy various arguments, that the steady operation of these principles and affections is essentially necessary, under God's providence, to individual, social, and national prosperity. He applied these remarks to the solemn occa- sion of the periodical administration of justice throughout the land, and concluded his discourse, which was listened to with close attention, by invoking the blessing of Heaven on her Majesty the Queen, on the British constitution, and all the various interests of the State. At half-past twelve o'clock the Court was opened for the despatch of business, when the following gentlemen were sworn on the Grand Jury Foreman, Sir J. J. GIJEST, Bart., M.P., Thomas Edmondrs, Esq. NV. Thomas, Esq. J. Bruce Pryce, Esq. N E. Vaughan, Esq. W. Towgood, Esq. I W. Coffin, Esq. P. C. Sheppard, Esq. Whitlock Nichol, Esq. H. Lewis, Esq. Howel Gwyn. Esq. W. Williams, Esq. I Hngh Entwistle, Esq. John Horn fray, Esq. Robert Entwisle, Ellq. Frederick Fredricks, Esq. John Thomas, Esq. C. C. Williams, Esq. Her Majesty s proclamation against vice, protaneness, and immorality, was then openly read, and his Lordship addressed the Grand Jury as follows: — Gentlemen of the Grand Jury,-Although to one accustomed to the administration of criminal justice in other places, the num- her of offences in the Calendar now before me would not appear to be very heavy; yet, for th,s Countv, I understand that it is larger than usual. We must regret to see an increase of crime in any part of the country, but, perhaps, it may be attributed to the great increase in the trade and prosperity of this part of the kingdom, for where that is the case, great multitudes of people are attracted, and a proportionate increase of crime is the consequence-this may suggest the propriety of activity and vigilance on your part, so as to check and repress the increase of offences against the law. The Calendar, I see, contains, among others, five cases of simple larceny, about which it will not be necessary that I should say any thing to you, who have been accustomed to the criminal justice of the country-your. experience will make the necessary sug- gestions to you. There are two other cases of larceny from dwelling houses and from the person, upon which 110 observations need be made by me, and no questions of law are likely to arise. We next come to a serious case of highway robbery, accompanied by circumstances which require your serious attention-not that there appear to be any difficult questions either of fact or of law, but the circumstauces are such as to entail upon the unhappy pri- soner, if fonnd gnilty, a very heavy punishment. You will have to attend particularly to the proof of the identity of the man who is said to have committed this offence, because in the confusion and panic occasioned by the perpetration of such crimes, it often happen, that the party may make a mistake as to the features of the person committing the offence; but I fear that there are col- lateral circumstances in this case enongh to shew that the prose- cutor is not mistaken in the person of the individual. You will particularly attend to the circumstances of the case. The next is also a case of robbery with violence, with the additional charge of attempting to violate the person of the young woman. If the charge of robbery be brought against the prisoner, you will have to enquire what share he had in that portion of the crime; because from the depositions, it will appear that he had another object, and that the robbery was committed by his companion. The circum- stances will be brought before vou. and you must be satisfied that they had the same joinl purpose of committing the robbery, and were together at the same time and-committing violence; although there does not appear to be any thing taken by him from the per- son of the woman. There is another charge of a similar nature; but it goes to a much greater extent, viz., the actual completion of the crime attempted being alleged against the prisoner. You are aware that in an investigation of this sort you must particularly enquire into the conduct of the woman-whether she made the re- sistance she ought to make—whether any persons were within the reach of her voice—whether she knew or believed that fact, and if so, whether she cried out-, because such charges are easily made, and with difficulty rebutted, and, therefore, must be most closely investigated. There are two charges for an offence that I am grieved to say is widely extending in this country—that of cutting and stabbing. With respect to the first of these cases, I see that the man is charged with attempting to kill the other. A recent Act of Parliament draws a distinction between two classes of offences of this kind. Where a man stabs another with intent to commit murder, it is a capital offence but where it is done with an intent to maim, disfigure, or do some bodily harm, it is a se- rious offence, punishable with transportation, but it is not capital. The prisoner, Evans, is charged with stabbing with intent to murder, and you must be satisfied under what circumstances. It appears that there was a previous quarrel and an interchange of blows—if that were the whole, and death had thereupon ensued, that would not have constituted the crime of murder,.and the pri- soner could not have been convicted of the more grievous charge. In this case, after the interchange of blows, the parties had se- parated, and then the prisoner invited the prosecutor to a fresh combat, by the words Come on, come on, again or by some such expressions. A personal struggle then took place, and the prisoner, with a knife, inflicted the wound now complained of. If death had ensued, he would have been guilty of murder, that is, if his reason had had sufficient time to overcome and entirely cool his passion before the infliction of the wound but if, at the time, while still smarting under the provocation he received from c the prosecutor, he took out his knife for the purpose of committing another assault, then it would have been no murder even if death had ensued, for the intention could not have been the same if you are satisfied that he did not do it under the provocation he then eceived, then an intent to do some grievous bodily harm or to (lis- ,figure is the offence. The charge against the other prisoner pre- sents us a much more mitigated case. It appears that the pri- soner, at the same time, had been very much provoked by the party wounded, and, according ti) the statement of the prosecutor, it was not done for the purpose of grievous bodily harm but it was done while be was in the act of extricating himself from the grasp of the prosecutor. If it shall appear that he had the knife open, cutting bread and cheese (as suggested by the prosecutor), or for any other harmless purpose, auu if in the struggle he had cut the man, then the offence is not made out; but if he seized the knife and stabbed the prosecutor, with the purpose of doing him bodillj harm, then lie is not protected under the plea of provocation, and he is Hot justified. You have to decide whether the prose- cutor is right in his view of the case-YOU must be satisfied, for it frequently happens that a party wishes to screen the offender by softening his evidence, where the punishment is so serious, but it does not follow that you must therefore adopt his views. The next case is one where life has been sacrificed: Thomas Williams is charged with manslaughter. I have had but very little time to look over the depositions, which have only been de- livered to me in Court; however, it appears that the delay is not attributable to the Coroner, but to the accident of the depositions being missed and mislaid. with other papers in the Associate's office; but I have bad no time to look at all the depositions so as to enable me to comment on the case as fully as I would wish to do but it appears from the depositions that the life of Gubbings was taken away by some man on horseback, who attacked him with a stick, and beat him about the head, so that he became se- riously ill and died in consequence of it. What the previous quarrel was does not appear; but it appears that from some pro- vocation the prisoner had assaulted the deceased and his son and having seized the son by the collar, the father interfered and struck the prisoner several blows—very severe ones; the prisoner, then on horseback, rode off, and procured assistance, and, together with that assistance, assaulted the deceased, struck him on tbe head, and beat him in a most violent manner, in consequence of which the man's life appears to have been lost. In this case it will be your duty to see whether the prisoner, when he made this second attack on the deceased, had had time to cool from the provocation he had received from the blows. You will adapt the rules of law to the circumstances of the case, and will ascertain whether he had a deliberate intent to destroy the deceased, after he had time to cool, or whether it were the result of continued irritation caused by the provocation of being struck. There are three other persons charged with an offence which formerly was considered treason, viz., the offence of coining. The judicious amelioration of our modern law has reduced the nature of this offence and its punish- ment. If the witnesses are to be believed, it appears that those persons are found actually engaged in the process of making base coin one of the witnesses proves that coin also is found in the moulds, and also on the person of one of the prisoners, and some coin is also found in other stages of preparation and whether they have been guilty of making this base coin in the way charged is the question. These are all the cases likely to be submitted to your consideration, and there is no offence more nearly approaching the crime of treason than the last to which I have called your at- tention. It is highly gratifying that the country appears to have assumed the tone of peace, and that no fresh symptoms of dis- turbance have manifested themselves in this part of the kingdom. We ought to be vigilant in our endeavours to ensure a continuance of this state of things and we cannot adopt a more sound mode of preserving it, than by affording to the people sound religious education—place it within the reach of alL Let those who govern, remember that they govern for the good of others. It is only under a good government that industry can diffuse its blessings over the land, and that harmony and peace can be preserved in the country at large. The subject of education is one that has pro- duced a good deal of difference of opinion as to the means to be provided for the education of the poor this difference of opinion has caused great obstruction. It is our duty to do the best we can to forward the object rather than to createdelay by considering whether some better mode may not be devised. Gentlemen, the bills of indictment will now be submitted to you, and I will not consume any more of your time. The followinaGentlemen were sworn on the Petty Jury:— Foreman, Mr. W. B. Watkins. Mr. James Lewis Ward, Mr. David Loughor, James Tayler, I Daniel Evans, William Price. Thomas Evans. Thomas Hardinge, William Mitchaelmore, George Towgood, John Hussey. Thomas Lewis, There being no bills readv for the Grand Jury, the fol. lowing undefended case was decided:— Rees v. Bo wen.—An action of debt for 521. 9s. 4d. Mr. V. Williams opened tbe case, and tbe delivery and price of the goods being proved, the jory, nnder the direction of the Judge, returned a verdict for the plaintiff. The Jury having by this time returned some true bills, the following prosecutions were disposed of:— Ann Price was charged with having stolen a cotton gown and a abawl, the property of Mary Regan, of Swansea. This case oc- cupied but a short time, when the Jury returned a verdict of Guilty. Sentenced to two calendar months' imprisonment at Swansea, and to be kept to bard labour. Jane Bell was charged with having stolen 2lbs. of bacon, the property of John Ball, of Swansea, shopkeeper. Verdict, Guilty. Sentenced to be imprisoned three calendar months in the House of Correction at Swansea, and to be kept to hard labour. Jane Smith was charged with having stolen two books, the property of William Woollacott, of Swansea. Prisoner pleaded Gnilty. Sentenced to be imprisoned one week in the House of Correetion at Swansea, and to be kept solitary. John Luicombe was charged with having stolen various articles of wearing apparel, the properly of John Wright. Prisoner pleaded Guilty. Sentenced to be imprisoned in the House of Correction at Swansea six calendar months, and to be kept to bard labour. George Binteigh was charged with having stolen 41. 17..6d., the monies of James Matthews, of Swansea. Verdict, Not Gnilty. Jeremiah Ginn was charged with unlawfully, maliciously, and feloniously cutting, stabbing, or woouding Edward Edwards, with intent to do him some grievoat bodily harm. ,J: Edward Edwards examined by Mr. Wilson:—I am a labourer, and live in Neath. I recollect, on the 71h March last, seeing the prisoner in the While Hart public-house. I asked him had he any braces for sale. He said be bad not, and produced some waistcoat pieces and two knives. He opened the knives, and gave me one to look at, and the other to Thos. Edwards. We shortly retunred the knives. In a few minutes afterwards the prisoner came 10 me, and asked me to give him the knife back. I said search you me, and shewed him my own knife, and asked him was it his. He continued making a noise. I told hiin to go out, because I was not in the habit of making a noise with any one. I told him if he would not go out, I would. I went out shortly after. The prisoner's pack lay in the door-wal -I fell over it, and when I was on tlie ground, he kicked me. I got up and struck him. He went out then, crying "come forward. come forward." Being challenged, I went out. He stood he- fore me with his fists. I struck him the first blow, and e struck me back, and then it was he woun.ted me. I felt a smart blow. I cannot say whether the prisoner had a knife or not in his hand. I went in to the landlady and asked for a candle, saying the pri. soner had stubbed me (the witness here put his hand upon the lower part of his back). I felt much pain for a fortnight. I went to a Doctor, who dressed the wound. The prisoner did not run away. I can take upon myself to swear that the prisoner was the man who stabbed ine. Witness underwent a long cross-examination b.v Mr, Hill, but nothing material was elicited. His evidence was also corro- borated by Rees Edwards. The Jury returned a verdict or Guilty of the assault. Sen- tenced to eighteen calendar months' imprisonment in the House of Correction at Swansea, and to be kept to hard labour. John Abraham was charged with having committed an indecent assault upon Sarah Richards, of Merthyr. Bill ignored by the Grand Jury. A short undefended case was here taken. Allice Harris v. Thos. S. Todd. It was an action by the indorsee of a bill of exchange for 150l payable at six months. The bill and interest claimed amounted to };j31., for which the Jury returned a verdict in favour of the plaintiff. John Davis was charged with having assaulted James Arm- strong, and putting him in bodily fear and danger of his life, and feloniouslv stealing from his person various goods and chattels. Mr. V. Williams addressed the Jury, and called James Arm-Irong :—I am a tailor, andlravel the conntrv selling clothes. On the 5th March last, I went from Neath to Merthyr- T-i-dhl- had seven pairs of trousers with me; had one pair of boots— dlltied up in a bundle I went into the Carpenters' Arms, between ten and eleven miles from Merthyr, and hair a mile from the Lamb and Flag, on the Merthyr side. Saw prisoner at the Carpenters' Arms there were t <o others thereat the same time. Prisoner made a lament, and said he was going to Bridgwater, in great distress he said they were shipwrecked off Swansea. I thought Jhey were in distress, and gave them sixpence worth of cheese, and one quart of beer. One of them asked where I was going. I said to Merthyr. They said they were going there too. After some time I started for Merthyr. This was in the evening -1 dare say about six o'clock-it was coming on dark then thev came directly after me,.almost with me When I got a ari ie, and a half off, they were just after me, almost alongside of me V they continued to walk near from the time we set out. The pri- soner came op and caught hold of my bundle, when I was on a common in this county-tio bouse near. He caught hold of my bundle from my shoulder, and took it off; in it there were trou- sers and boots. The others came up and searched me found my purse in my waistcoat pocket; in it there were three sovereigns. They took my hat from my head, and knocked me down. They knelt on my breast. I thought they were going to kill me, and said don't murder me—it is enough to rob me. One of them said, let the h——r go, and count himself d-d safe being let ofTso. All of them went towards Merthyr, and took the bundle and purse or money and but with them. I was roreed to turn back to the Carpenters' Arms, being unable to travel. Next day I went to Bridgwater, about five weeks ago went to the house of Mrs. Barnett went to her mothers—she lives next to the back door. I saw a man with a pair of trousers on him. it was her son afterwards I observed another, a younger son saw another pair with her son in-law. Mrs. Barnett was there: it was in her own house. I sent for a policeman to take John Davies. Mrs. Barnett spoke to prisoner in my presence She said, this is a nice job done." Whlltabout," said he. About these trousers you brought" here, and wanted to sell." I would not buy them," said she, but he pawned them." She said I might take him up. He said, don'l get a poor fellow taken, I'll pay for the trousers to morrow." After policeman came, I gave him in charge. Policeman asked if any of the goods were there. I said two pairs of trousers on the boys. He-said we should be forced to take a pair with us. He told the little boy to go out, and throw the trousers off. He went, and prisoner im- mediately ran out of the back door. He had not ran far, before he was caught. Before the policeman came, prisoner said he did not take the money. The evidence of Armstrong was corroborated bv Elizabeth Barnett, who keeps a lodging-house at Biidgwaler; by her mother, Charlotte Matthews, and James Sully, a policeman. James Armstrong being recalled, identified the trousers, and swore positively that the prisoner was the man that took the bundle from him. The Jury, after a short deliheralion, found the prisoner Guilty. Sentenced to be transported for 21 years. SATURDAY.—The Court was opened at nine o'clock, and shortly became very densely crowded -the intended trial of Baron Spolusco having attracted much of the public notice, and the e was a full attendance of the medical practitioners of the town and neighbonrhood. Baron Spolasco was indicted for having forged stamps in his possession, knowing the same to be forged, and with the intent to venoche sallie. This was the substance of the charge set out, and varied in an indictment of unusual length, and comprising twenty-five counts. The following; were the Jury sworn to try this case :—Christopher French, Thomas Cnristopher, William Getrycb Thomas Richards, Thomas Anthonv, David Nicholas Thomas, Henry Yorath, Thomas Grillilhs, Rice Lewis, William Morgan, John Llewellyn, and Henry Hart Parry. Counsel for the prosecution, Mr. Chilton, Q.C., Mr. Evans, Q.C., and Mr. Wilson. Counsel for the prisoner, Mr. V. Williams and Mr. Hill. Mr. Chilton, for the prosecution, addressed the Court as follows: —" May it please your Lordshipand Gentlemen of tbe Jury,—The prisoner at the bar stands indicted for the offence of having in his possession forged stamps, without lawfuj exouse, under all Act of Parliament to which I shall shortly draw your particular atten- tion. t think it justice to the priJiinwlrt^Pphm to you, because I know that his name has made a great noise in this country, and probably I am addressing some who think that he is an extremely useful prantitioner others, who probably think that he is an im- pudent quack. Yet, I must tell you, that that has no bearing whatever on the question you are iinpannelled to try upon your oaths. However, you will have his Lordship's direction, whether my view is right or wrong. On I he one hand, ifhe wete the most impudent quack who ever imposed upon the world, be may be perfectly innocent of the offence charged against him to dav on the other hand. though vou knew him to have the skill of John Hunter, or the celebrated Abernethy, if he is found offending IIgainsl the fiscal laws of this country, il will be your duty to find him The Act under which he is indicted is the 3d and 4th of William 4., c. 27 and by section 12 it is enacted that persons knowingly having in their possession forged dyes or stamps, or fraudulently fixing them to any instrument, is liable to transportation. Now, he is not charged wilh having in his possession the instrument wilh which the stamp is impressed, but having in his possession papers stamped with a counterfeit imposition. The Act sav-If anv person shall knowingly and without lawful excuse, the proof whereof shaft lie ou the person accased, have in his possession any paper lorged or counterfeit, having stamps &c. unlawful, or liable to pass or be mistaken for the stamp dye or plate, knowing such false forged or counterfeit stamps are impositions, every person so offending, and beini- thereof lawfully found, shall be liable to be tfansported for seven rears, or to be imprisoned rooryellrs, and not less than two. The penalties are very severe and the offence must be made out to your satisfaction. Now, gentlemen, with regard to the fact there can be little or no dispute but I must anticipate that the prisoner will attempt to shew some lawful excuse. 1 shall shew to you, gentlemen, that, on the 4th of December, a person went to him, and told him what his bodily ailment was, and that to hitn he delivered three boxes of pills. Mr. Williams, for the prisoner, here objected to Mr. Chilton's opening or proving any fact shewing an uttering of the stamps. His Lordship said, it it done, to ascertain what was the intent charged in the indictment, and it is quite competent for Mr. Chilton to go on in that wav. Mr. -Williams:- M v Lrord, tbls does appear to be a very ma- terial point in the case, and it is therefore necessary, that I should state what my view is. The defendant is charged with having in his possession certain stamps, alleged to be forgeries. Now, my Lord, that offence mav be proved without doing what the law will not allow, except tbe necessity of the case involve it, namely the going into another offence, with respect to which we are not prepared, neither is it charged against us. Mr. Chilton: — Mv Lord, mv friend knows, by inv disposition, that the circumstance 1 opened is included in my case, and notice is given of that circumstance and if I am put to my election, I shall, in my discretion, rely on it.' It is impossible that a man can deliver one over to another the stamps, without having them in his possession, and it will, therefore, be competent evidence of what we charge him with, namely, having the forged stamps in his possession. His Lordship :~You must confine yonrself to the possession. Mr.Williams:—The fact to which my friend referred, took place on the 4th Dec., but this seems to have taken place on the 5th. Mr. Chilton :—I beg to state, that I do not abandon my right to give evidence of this circumstance, as well as of the other. His Lordship, you must first state and prove the offence you mean to charge against the prisoner under the indictment, then will arise the question whether you may give in evidence other transactions, to' shew quoanimo he did it, and you may now make your election upon which circumstance you will rely, and then tbe question will arise whether you may go into other cir- cumstances. Mr. Chilton:—My Lord, I think it will be best to take the case of the 5th of December, the finding the bulk of the stamps, and I shall propose to tender in evidence what took place on the 4th, to negative by anticipation any supposed lawful excuse which the prisoner may allege. I had better choose the 5th December. His Lordship concurred, and Mr. Chilton resumed his address to the jury. Gentlemen, I will shew you, that, in consequence of a circum- stance that took place when it was necessary to go to his house with assistance, and op that occasion a vast number of stamps, which we say are fttfged and counterfeit, several hundred of stamps were discovered, some in sbeets,,olbeVA separate, and fit for use-othets again actually fixed to boxes, now produced. Gentlemen, in addition to that, a number of books, giring an account of tbe supposed or alleged t]ua1ities of those pills, and which I will call, without offence, •' puffs," were also discovered. Now, the qneslion may be, gentlemen, whether the prisoner knew that these stamps were counterfeit; for as to their not be. ing what they profess to be, namely stamps from the stamp office, that there can be no doubt of; but the only point will be, whether he knew they wete counterfeit, and whether he had any lawful excuse for being possessed of them. I do not know how you can have better evidence of his knowledge on the subject than this fact, that these stamps bore upon them the words Spolasco's Patent Medicine." They must, therefore, have been executed by his directions. Now, gentlemen. I understand that the pri. soner means to say, that his medicines, under certain circum- stances, are not liable to doty, and that these papers are mis- taken for stamps and, in point of fact, are mere ornamental flourishes, intended to denote his medicines, and not to represent the duty. Now, if that defence were made out, granting for the sake of argument that the medicines were not liable to any dutv, I apprehend that ifhe chooses to deal with them as if they were' he will be guilty, if he has in his possession anything which comes within the section of tbe act of Parliament, which I have read to you, or resembles either, wholly or in part, or is liable to be taken for a stamp of the Government. I have no doubt you will find that these medicines are. under all circumstances, liable to duty; those which he vends are under any circum- stances whatever liable to duty, and I think yon will have no doubt that he knew it. Gentlemen, I don't think it will be ne- cessary for you to go further back than the 42d Geo. 3, c. 56; these duties were previously imposed by that act, and section 3 imposed, that those drugs must not in any way be disposed of. The first vender must not part with the possession of them, be- fore he shall have paid tbe duty, and the mode of such payments are pointed oot in the other sections, and before any step be taken towards exposing of the artioles, before they are vended or con- signed for sale to any body, tbe stamps most be fixed to them. The 44th Geo. 3, c. 90 alters the. duties with reference to the liability to duty and the mode of paying it, but it also alters the duties themselves, and the 52d Geo. 3, o. 150, lubstitute. some articles liable to datj. Now, gentlemen, that Motion, directed to be tjaken and read as part of tbe former act, after setting.out a long iipjt indeed of well-known medicines proprietary by name, it imposes the same duties on all oilier pills, and runs through every sort of proprietary medicines, ointments, &c. made, prepared, uttered, vended, or exposed to sale, by any persons whomsoever or wherein the person halb or claims 10 have any occult, secret, or art, 10 make the same or any exclusive right or title to make the same, or shall be hereafter made for and such purpose, or which shall hereafter be, by any public notice, or advertisements, or b) any open. or printed papers, or halld. bills &c., and packet, box, or other inclosure holding the same, as nostrums or specifics for any n.alady or complaint, See., for the human body." Then there are special exemptions under which my Iriend must bring himself; but I do not see bow he call do it however, from the exemptions are excluded anv me- dicine in which the party claims to have nnv exclusive right, or concerning which he publishes any advertisement or printed paper or label. Now, gentlemen, the question as it seems to me that vou will have to dispose of will he, had the prisoner these stamps in his possession ? No dispute can be made about it. Secondly, were they counterfeit stamps, intended or liable to pass, or be taken as stamps issued from the stamp office ? Here, I suspect, will be made one of the stands taken by the prisoner at the bar. These (taking up some of the papers off the table) were some of the stamps found in his possession, and ihev ex- actly resemble genuine stamps, excepting that in the centre, in- sleall of the stamp which we sav this is intended 10 pass lor, as the genuine stamp, in the centre of these, instead of duty 3d. is printed Baron Spolasco's Patent Medicine." There is also this variance, here is value not above 2s. 9d and not below Is. between the range of which the duly of 3d. is imposed as for medicines not exceeding 2s. 6d., the iinpiession is not exceeding 2s. 9d. which is taken as including 3d. for duty, as well as the price of the medicine itself. The prisoner has advertised his nostrum at the prIce of 2s. 9d. duty inctuded but there is un- questionably that variance between tbe genuine stamp and those in his possession. But it appears to me that there cannot be a question but that these stamps were intended to be taken for stamps issuing from the stamp office. In the first place, the words are proof to represent them as from the stamp office. You find here the words stamp office;" it is intended to be placed around a bottle or box in that way, and exactly as in the genuine stamps you have the words stamp office." I shall therefore contend before you. in the absence of any authority, that these papers are intended to impose upon the world, and are intended 10 pass as genuine stamps from the stamp office. But, gentlemen, a case similar to the present has occurred, called Coilioot's case: there the prisoner was indicted, and not under the present act of Parliament, which makes the offence of having in possession anv thing which is in part or altogether a resemblance of. or in any way liable to be taken as genuine stamps, the words of this act of Parliament are intentionally and purposely more comprehensive, than those of the act under which Collicol was indicted; he was indicted capitallv for uttering. Tbe uttering is still capital. He was indicted under that statute, and I think 110 sound distinction can be made between the two cases, for there the stamp resembled the gerfcine stamp, but the centre was cut out and covered over with-a seal, with printed di- tectionx, so that you was left to suppose that the genuine stamp was concealed underneath. Now, in that case it was held that the counterfeiting a part of the stamp, sufficientto impose upon the world, was within the act of Geo. 3, though as I have told you, the words there are infinitely less comprehensive. This act of the 3d W. 4, has been so drawn as to ohviate anv doubt tbat may arise, and you will have to dccide whether this does nut resemble the genuine stamps, and is nollia:¡le to be taken for il. II must be matter of notoriety to you that proprie:ors of medicines of this description get their names put in some part of the stamp placed upon it. Then, gentlemen, with respect to the prisoner's knowledge of these not being nostrums, lOO will see the labels, and his whole conduct at the time will leave no doubl on that lIubject and, gentlemen, those books which were found at the same same time, would he quite sufficient to shew, beyond all question, that thesa pills are liable to duty. If they are in any way puffed, that alone makes them liable. I do not shrink from the position, that if even Abernethy himself had con- descended to puflftbe Blue pill, which he invariably recommended, made up in boxes and vended as a nostrum without the stamp duly, although we all know how he was educated, and how much the world is indebted 10 him-no doubt that even he would be liable to an indictment of this kind. Here Mr. Williams interposed, and said, my friend relies upon this as being puffed, and that therefore the prisoner had no right to vend the medicine. How can he possibly do this ? If we call evidence to prove the qualification, it might be objected to us as immaterial. His Lordship:—This is not to go to his qualificalion. but I think it his evidence of bis knowledge of their being forged stamps, false and counterfeit, and being intended lopass as such. Some of the counts charge his having them in his possession, and intending them 10 pass and be taken as genuine. Now the puffs in which he shews his intention that they should so pass, is evidence. Mr. WilliamsThe prisoner stands indicted with having in his possession, certain papers alleged to be forgeries, with the knowledge of their being so. His Lordship :—Not only that, but also that they were intended to pass, and be taken as genuine stamps. Mr._Williams:—Yes, my Lord, I included that in calling them forgeries. His Lordship: —It states that the prisoner at the bar intended them to pass now, if the prisoner labelled his medicines in- tended to be sold, that surely is evidence of his intention to pass them off lo the world. The intention of the prisoner in having those in his possession, is material 10 some of the counts. Mr.Williams:—That, my Lord, must be collected from the face of the iustrument, not from the conduct of the partv it is a totally different question. We are tied down to shew, that these on the face of them, are not intended to pass as genuine, and it would, I think, be but equitable, if in some of the 27 colints, the other party would shew on what tbey intended to relly. I ask it of niv learned friend. His Lordship:—I think you have no such right—it is only one act. Mr. Williams:—My Lord, I thought, ifmy friend would have the kindness to IIlrew us, tor the information of tbe prisoner, which of those 27 connts he goes on. Speaking for myself, and not adverting to any particular count, as far as [ can master this indictment, the question is whether, upon the face of this instru- ment, the jury shall be of opinion that these papers were intended to resembte a genuine stamp. It is to be derived from the face of the papers, and that onl v. His Lardahip: — It seems to me to be very proptretidence in this case, if these pills in the boxes were liable to stamp duty, and the prisoner having them in his possession, knowingly caused them to go forth to the world with the pill-boxes, &c.,a, genuine stamps Mr. Chiltun rellnmed —Gentlemen, tbat is quite enough for me. (Here he read part of the puffs from the Baron spamphtets.) I say it is of the greatest importance that you find the prisoner selling medicines with the duty, and includes the duty in the price for which he sells the medicines. Gentlemen, I understand the excuse is, that the prisoner at tbe bar is not a vender of me- dicines, in the ordinary sense of the word but that he is a skilful medical man, prescribing for his patients, and, as such, has a right to deliver to his patients these particular medicines, with- out being liable to duty. But he must tell us what that has to do with the question, because he will say that these medicines are not intended to pass with stamps, I have this label fixed: it is to fce fixed to his pills which are to be sold to the world. The Act of Parliament makes all medicines that are liable to duty liable, whether they are for home or foreign consumption. I ad- mil, and I shall give my friend no trouble about it. that in Ireland proprietary medicines, compounded there, are not liable to duty. I admit, that they must be hotne-made articles. Suppose the legislature has not interposed with regard to Ireland, because it is said that in that country there is no indigenous poison but still, how the admission is to avail, I confess I am at a tosMo conceive. I think the probability is, that my Learned Friend will call no witnesses, and that I may not have any opportunity of addressing you again, and therefore I have anticipated the de- fence but I conceive the simple question will be—is or are these intended to pass as genuine office stamps? and do tbey represent these stamps wholly or in part? If he can shew any lawful ex- cuse for having them in his possession, then he will be entitled to your verdict, and unless he can do so, you must find him guilty. I do uot think it necessary to go into ordinary topics in a case like the present; but it seems to me to be quite a distinct fraud. If you have any reasonable doubt, yon will give him the benefit of it; if otherwise, then your duty is to find him Guilty. I should tell you before I conclude, that this is not a resemblance of stamps now issued from the stamp-office, though many of them are now in circulation. Stamps are so frequently changed, that if I applied to the office now for stamps for medicines, those do not resemble them those are stamps which were in use before the year 1822 but the words of the Act creating this offence are stamps which have been, or shall be, used j" therefore it does not signify whether these do resemble the stamps now used at the stainp-office if they ever have been used, that witt sunice. Gentlemen, I will take up no more of your time. William Rees examined by Mr. Evans:—I Ill" a police con. stable of Swansea. On the 5th December last, I received two warrants, one to search Baron Spolasco's person, the other to sea/ch his house. He lived on the Burrows. Two gentlemen and two officers, David Thomas and Wm. Webb, went with me. Saw prisoner in his shop front floor of the house—shewed him the warrant for his apprehension first, then the one to search his hate the things I found. I found boxes of pills in the cupboard, some on the shelves and some on the mantelpiece. After that search we went up stairs—Mr. Tillsley went up with me. We found papers up-slairs in a box in his bedroom, on the firs! floor. I have here the notes and papers found they have been in my custody ever since. The articles were here produced, the IOOSIB ones were in a bag, the others in a box. Cross-examined by Mr. Williams :—I also found a large quan- tity of Go.ernment Stamps there. which I do not produce—I left them there-Mr. Bellingham was with me he is an officer under ,Governmenl. I believe I saw some boxes with it hlue stamp. I have been in office as police inspector nearly five years. I had no difficulty whatever in getting at those things, the cupboard was open. Some of the boxes with labels were on the mantel- piece. The defendant, I have heard, was wrecked in the steamer Killarney. Mr. John Bellingham examined bv Mr. Wilson :—I am sur- veyor of taxes for this county. Mr. Tillslev, myself, and a police conlltlible, went to the prisoner's house on the 5th December last; we saw the defendant there. We made a search, and found a variety of labels. I found some in the copboard and some on the mantelpiece. I was present^when the search was. (Witness produced a bundle of counterfeit labels.) Cross.examined by MrvWilliams:—The defendant was present in the surgery. He did not accompany us up-stairs—he was not iirevented doing so. There were only three policemen with us. 1 live at Cowbridge. I do not know whether the defendant's medicines are sold extensively. We left some boxes behind, with the Government stamp on them. Thomas Jones examined by Mr. Chilton :—I am a policeman of Swansea. I was directed to go to the Baron's house by Mr. Tillsley, on the 4th of December. I told him that I was very ill, and that a man had told me if I could get three boxes of his pills, they would cure me. He gave me the three boxes I now pro- duce. I gave him foor shillings, and received threepence back. He also gave me a book of directions, and marked the book in the place I was to read. [The directions were read by the Clerk of the Arraigns.] Cross-examined by Mr. Hill:—I was not very ill on the occa- sion. I appeared as if I was very ill. I walked lame I put my hand to my back. I groaned, I think, a little. I went in my policeman's dress. Joseph Harris examined by Mr. Evans:—I am superintendent of the stamp department in Somerset-House. The forged stamps, together with some genuine stamps, were here produced, and the similarity pointed out by witness. Here olosed the case for the Crown. Mr. Vaughan Williams here addressed tbe jury as follows :— My Lord and Gentlemen of the Jury,-It is now my duty to ad- dress you on behatfof the prisoner, and I am quite sure you will fully appreciate the force of the observation that fell from his Lordship, that this is a most serious case, because it depends upon your verdict whether tbe prisoner is liable to be transported for life. I need not impress upon you the necessity it imposes in this, as, indeed, in all oases, that you sbould not find the pri- soner guilty, without being fully sore that through the remainder of your lives you will be able to reflect on your verdict witb com- fort and satisfaction, Gentlemen, tbe prisoner at the bar, I take it for granted, it well known by name to all of you. I take it for granted that you are well aware that he has, dorine the last two or three years, made himself a name of considerable mark is this county—that his patients have been very numerous—that his success has been very great. No doubt this success bas been attended with the usual consequences—almost the invariable con- seqoenees of success, particularly when it is obtained in a mode which ferothor praetitiooera consider irregular. Gentlemen, the 0' result to which t allude is, that the Baron Spolpsoo bas many enemies, and that you will say, when I have called your attention to the facts of this case, and the naluie of the prosecution, other- wise you cannot trace the history of il to the result to which I have alluded. Gentlemen, it is perfectly right that the revenue of the Crown should be protected: most unquestionably the re- venue must be raised, and 8!1 unquestionably, tbolle who infringe the revenue laws, must be subject 10 penalties for so doing. Let us see then, what is tbe nature of the contest between the Stamp office and the prisoner at the bar? Gentlemen, the prisoner fully admits that be has no right to pot his medicines into the hands of other persoqs to sell without being subject to a stamp duty im- posed by this Act of Parliament-be fully admits it. However, there is not the slightest pretence for saying that these medicines (extensively circulated as they have been in this country), hate ever been seen without a genuine legal government stamp and I will call before you persons who have sold the medicines to a considerable extent, but always with a proper genuine stamp. But what the prisoner says is this—that when the patients come to him, he, having served a regular apprenticeship to a medical man, has a right 10 sell his medicines and charge for attendance, without being subject 10 a stamp duty. He contends that that is the true meaning of the Act of Parliament, and that he is pru. tected, gentlemen, by the 4th sec. 42d Geo. 3, c. 56, and by the 61h sec. of the same Act. Under these sections, the Baron Spo- lasco K notion is, that be, having served a regular apprenticeship is entitled to sell these thing without being liable to stamp duty. The contest, therefore, gentlemen, between the Stamp-office and the Baron is, has he or not a right—not to sell by the hands of third persons, but to sell to persons who consult him, without being liable to stamp duty ? Whether right or wrong, I appre- hend that if he bad been in an ordinary position, and the Stamp- ollice had acted with their ordinary lenitv towards the subject. it would have been extremely plain, because 42 Geo. 3, chap.56, sec. 3, suhjecls all offender 10 Ii heavy peenniary penally for ever." box so sold. If he were wrong, it was open to the Slainp-olfice to follow ihat course, and subject him 10 the very heavy penalties imposed by that Act. But that will not answer the purpose lie is to be got rid of from this country and, therefore, the prose- cution is resorted te against this gentleman, founded, I think I may say, on one of the most severe penal enactments left in our statute book, for by that enactment, which I think must have crept into the 3d and 4tb of Wm. 4. bv means of some inferior officer of the Stamp-office, without the legislature being aware of the nature of it. I say. the Stamp-office having it in their power to try thi. question, and to make him pay tb's beavy penally for every box, still they choose to resort to this severe enactment, to compe) the prisoner to stand at this bar as "a felon, and 10 be tried for felony by you as the jury. Gentlemen, with that remedy in their hands, which would do full justice between the revenue and the prisoner, they have preferred this heavy charge about a matter sodifficult to describe, that it has required this enormous length of parchment (pointing to the indictment on the table) 10 hit off the offence. Two of her Majesty's Counsel, with silk gowns, and the senior Serge of the circuit aie brought here to do this work, which I should not like to have done when the justice of the country could have been so ciearlv satisfied without il. But I trust I shall satisfy you that both in law and in fact this severe prosecution must utterly fail. The charge is, that he has bad in bis possession these papers lyin^ 011 the table, one of which I now have in my hand—that they are forgeries,either wholly or in part- forgeries of the mark deuoling the payment of duties, and that lie had a guilty knowledge that they were forgeries-that is the charge. Now, gemlemen, let us see what the papers are. II is admitted by the officer from the Stamp office, what, indeed, you or any one else cannol fail to discover, when we look at the slamps on the papers, that there is no mark of duty whatever it is wholly omitted. Let us look what is the history of these marks, said to be forged, upon a paper that does not bear them. The medicine act, imposing a duty upon medicines (the 42d Geo. 3, c. 56), after mentioning the amount of the duty at 3d. enacts that the duty shall be paid before the medicines shall be exposed to sale; then by the 10th section it provides, that the venders are to apply to the commissioners to stamp them, and that the commissioners shall provide some mark or word to denote the duties thereon." Gentlemen, you see, therefore, that in point of fact, this mark, which is upon the government papers, denotes not only what the duty is, but in fact that the duty has been paid before; and, in fact, this mark is nothing more or less than the designation that duty has ben paid, and what the rate of the duty is. Then, gentlemen, comes the 3d and 4th Wm. 6 and 7, sec. 12. which I have before read to you but to which I call your at- tention, because it uses the words Stamp, mark, or impression," evidently by Ihe word mark meaning the word mark" referred to in 42 Geo. 3, n. 56. The charge is that he has papers in his possession which are forgeries of the mark denoting that the dutv has been paid. G. nttemen, these papers have no suoh mark, they denote no payment of duty how, therefore, can it be said that papers which do not contain anv mention of duty, that do not denote in any way wnatever that the duty has been paid, Or is | payable—how can thev amount to the forgery of a mark that is to denote or designate the duty? Gentlemen, my friend has cited Collicot's case, and certainly in some respect, that case is like the present; but I willlell you what important difference there is between the two cases :—The prisoner theie was a vender of medicines, who, unql1estionably, oaght to uue paid tbe dutJ, and he sold them by this ingenious method be had paper stamps something of this kind, but upon the part of the bottles or boxes where the mark denoting the duty should have been found, he put a seal, so that a person who look one of his bottles, if he tried to read the tabe) pasted on it, wilen be came to where the duty should have been denoted, you would tind tbe seal, and the paper re- sembling in other respects the stamp office papers, while he sup- posed the proper mark was under the seal; therefore, the judges after considerable deliberation, held that it did amount to the uttering, and that he was liable upon the ground that the seal was put in lieu of, and where the duty ought to have been impressed; but here nobody clln possibly read one of these papers witbout seeing that it does not profess to denote the payment of any duty whatever. Gentlemen, that that is tbe true view of the case, ap- pears particularly from Collicot's case, in Taunton 'II Reportll. He tben proceeded :-Traoesmen ill London bave labels in their shop window8 on silver paper, and instead of Balik of En¡{land, it is Bank of Elegance, for self and firm, John Twist." Now, would any one say that is a forgery of a Bank of England note? Cer- tainly nol because if you read it, any person would see that it is nol, and could nol, have bee.. inlended for a note. SO, in reading the Haron Spolasco's papers, no one could for a mo- ment say that there is any assertion of any duty paid, and it is for having in his possession papers denoting the payment of duty, that this charge is made therefore, gentlemen, il does seem to me, that in point ol law, there has beeu no forgery here, so as possibly to satisfy the Aot of Parliament. My friend, no doubt, possibly to satisfy the Aot of Parliament. My friend, no doubt, will have the last word, and will tell you that this Act goes fur- ther. because it is, if any part of the stamp is forged but that must mean part of the mark denoting the duties; if not so, any body would be liable for their having in their possession a piece of paper that had a letter resembling It i that is, if he bave a paller resembling in anv part, thtn the Stamp-office sballlransport the parties why, if there were a tetter V or an R upon the paper he would he subject to the penalties bnt it must mean this, if he have a paper denoting the payment of duly, he shall not get off; the meaning must be if the party have any essential part denoting the duty il does not say, the stamp, mark, or im- pression, or any part thereof." But, gentlemen, that being so, I humbly submit that the law of tbe case entitles the Baron to an acquittal. There will, however, be two questions of fact for our consideration the first is, had the prisoner any guilty knowledge, within the meaning of that expression, that he bad papers having what can he termed II f9rged stamp On Ibem ? Had he any Hn- lawful intention connected with the inalier? Surely, a man is not lo be found guilty, and to be transported for life, if you con- elude that he had no guilty intention or knowledge. Now let us see how Ihe facts of Ihe case bear on that enquir.f -how tb", evi- dence stands. In the first place the Baron keeps these stamps and these papers in bis house, without the slightest concealmenl- the witnesses prove that they found some on the mantelpiece, and some on open shel ves. a policeman goes in, in hill d. ess as a policeman, and the Baron sells, as an innocent man would do, these piits keeps the papers open in his house, as a man would who mi.tht innocently have them. Then, gentlemen, my friend says it is clear he meant to get the duties in an improper and guilty manner, because he charged the policeman with the duty. No such thing, gentlemen. You will find that the advertisement that has been read for the Crown, states the papers of the medi- cines to be exactly what the revenue demands—one shilling for the box, and l^rf. for the duty. But Ihe Baron says this to the public, If you go to a druggist's shop, or to a stationer's, and buy a box of these pills, you must pay for the box and for the stamp ifyourometome, as the policeman did, and take my advice, I shall charge you Is,3d." I will prove to you by his patients, that they have bought boxes with paper and without paper, and thev have paid Is. for tbe medicine, and 3d. for tbe advice. Tbe Learned Counsel then proceeded to observe, that the Baron had served a regular apprenticeship to a surgeon-Ihat tbe stamp duties were not in force in Ireland when he had pro- cured the labels-tbat he endeavoured in vain to procure the at- tendance of a witness from that country (Mr. Holbrook) to shew what was his intention in proi uring these pal}ers. namely, tbat of ornament—thai he had brought the stamps he bad there with him to this country—and that. in using them, he had acted bona fide under the impression that be was not liable to the duty. There- fore, continued the Learned Counsel, if the Baron seU to his patients, fancying that be may do here what he did in Ireland, is he for it 10 he transported for life? The question for you to de- cide, gentlemen, upon all these facts will be (if my Lord should be or opinion Ihat the law does not prevent it), is it a forged paper? Can you find under all the circumstances of this case, that guiltv knowledge on the part of the Baron, which will fix him with this offence ? Now, do you think that these papers are such as would decive a person reading them into the notion that the stamp duty was paid, and marked upon it? for you must look to the paper, and apply your own good sense to the question. Could any body, when they have read this paper, oome to the conclusion that the duty had been paid ? If not, then the prisoner is entitled to an acquittal. Gentlemen, witnesses will speak to his character as a man of honour and integrity. Bail has been required to a very large amount, indeed, in order to seoure bis attendance. He has twice came forward to take his trial, and fulfil bis recognizances. He has now surrendered himself intocustod" in order to discharge hi8 bail. Is it not therl lamentable that, onder these circumstan- 'ces, in addition to the enormous expeoce of procuring bail-the expence of bringing witnesses here, and taking his trial-the pain of standing at the bar as a common felon is not that a punish- ment more than commensurate with the offence charged against him? Is he, besides all this, for having invaded tbe revenue laws, to be liable to further punishment? I think, under tbe cir- curlances, you will come to the conclusion, upon the grounds 1 have taken, that this is not a case in which tbe Baron's conduct is such as will enable you to find him guilty; and I have no doubt, gentlemen. that you will, by your verdict, rescue him from the melancholy and miserable situation in which he is placed. Mr William Moreton examined:—I am a druggist, and reside at Bristol. I bave sold pills for the Baron Spolasco. I have a few boxes in my pocket; they bave Ihe legal stamp fastened upon them. Every box I received from the Baron had the Government stamp on them. Tbe fictitious stamps are not at all like those on the boxes I received for sale. The colour is very different. Mr. John Gromans, of Tenby, examined by Mr. Hill :—I am a chemist and druggist. About two years ago the priaoner left some boxes with me for sale. The legal stamp was fixed to them. Tbe Rev. John Pogh examined by Mr. Williams:—I am a Baptist minister; am intimately acquainted with Baron Spolasco. I have often purchased pills or bim-sometunes with labels, at other times without. The boxes with tbe labels and tbe boxes witbont were tbe same price. I have always paid the same. I have seen tbe fictitious papers and tbe Government stamps—there is no resemblance between them. I am acquainted witb tbe Baron from fifteen to eighteen months. I consider him to be a man of very good character. Mr. Charles Marten, of Swansea, gave tbe prisoner a good character. Mr. Robert proved the apprenticeship of Baron Spolasoo, but never saw his indentures. Mr. Chilton, for tbe prosecution, replied; after which his Lordahip summed up the case to the Jury, unfavourably to the prisoner bat the Jury, after a long deliberation, brought in a verdict of Not Guilty Thomas Williams was indicted with having, on the 1st Janoary last, violently assaulted William Gubbings, thereby causing the death of the said William Gubbings. Mr. Clive opened the case and called Edward Gubbings :—I am 15 years old, lived at Coyohurch witb my father. On New- year's day tatt took a cart load of hay to pvle-my father went with me. We went into a public-house at Pyle, and we drank a pint of beer. We were detained in Pyle in oonsequence of an accident to tbe cart. I was with my father the whole time. I saw Thomas Williams, the prisoner in the pablie-bouse-my father did not sea him. We left Pyle for home about a quarter I past ten o'clock. I rode on tbe leading horse, my father was in the cart. When we got as far as the plantation on Newton Down, we were overtaken by a nan on horseback; he cried out htdb," tny father raid the same, He said who are yoa -'0\ you devil." My father said, who the devil are yoo." He said "oome ont of the cart, I will ihrash yon in five minutes." Mv father would not. The man came to me. I, was riding on the front horse, arid caught hold of me bv life neck. My father jumped out of the cart, shook hiiu, and gave him twoblowson the head, and knocked his lial off. It was not very light, my father picked up the man's bat. He asked my father his name. He told him his name, and he then left and said, I will be with you before you are home The man was rather drunk, not very. We had passed through Kridgend about a hundred yards, when I saw a man on horseback, and I, o men on foot, coming to us. I did not know eitber of the men. I was riding on the shaft of the cart, my father was in the cart. One of the men caught hold of me, an.) said what do you stop people on the -oat! i f V ^a.)er '°°k the whip and came oui of ihe cart. They all fell on him—they struck bim about his head, his hat fell off'—. they continued to heat bim. My falher said, don'l murder ine lor God sake. He fell on his knees by the roadside. I rail awav to look for help. I met a man at the entrance of Biidgend another man the policeman came up, and we all three ran back towards my falher. When we came up my father was alone; be was taken by Ihe policeman back lo Bridgend, to the public- house,called the" Coacband Horses Thepoli. eman tied" band. kerchief around his head, and gave him a little beer. We then went home—my father walked a little, and then went into the cart. About 500 yards from home, he came out and walked nome be was unable to work next day. He did not return to his work till the 7lh of January He used to complain of a pain in his head he left his work on a Thursday before his death. '°°k «° his bed, and died on Wednesday tbe 4th of March. Mr. Nicboll cross-examined the witness but elicited nothing material. Thomas Stockwood being examined, corroborated the evidence or the preceding witness and Edward Lovelock, deposed to the deceased having made up with the piisoner, for which he received SI. 10s. in satisfaction. Abraham Verity, surgeon, proved that deceased died of brain fever. He attributed his death to Ihe blows he had received at Wainskeell 1. k.'r" Nicboll addressed Ihe Jury at considerable length, on be- 8i'i prisoner, and called several witnesses for the defence. 1 nomas Morgan deposed to deceased having taken a violent cold rom working on Newton Down during verv heavy rain, and to having heard deceased attribute his illness to that cir. cumstance. Several other witnesses were called to corroborate this state- ment on behalf of the prisoner, and lo prove that other imprudent ac s had been commuted by the deceased, sufficient in themselves to have caused brain fever. In addition to which, evidence was was given by Mr. D. Davies, surgeon, which created a doubt in the minds of the jury whether the malady of which deceased died was caused by the blows complained of. or his own impru- dent conduct. The Jury returned a verdict of Not Guilty." afler consider- able deliberation. Counsel for prosecution, Mr. Clive; Attorney, Mr. Grover Counsel lor prisoner, Mr. Nicholl; Attorney, Mr. C. Brown. Joseph Abraham was charged with having assaulted Sarah Edwards, with intent, &c., was discharged bv proclamation. Thomas Tlwmas was indicted for an assault, with intent to com- mit a rape, on Phoebe Phillips. The Jury relured a verdict of Guilty. Sentenced to two years' imprisonment, and to be kept to hard labour. Attornies for prosecution, Messrs. Mev lick and Davies. At- tornies for prisoner. Messrs. Perkins and James. Charles Brown, Edward Farlong, and Hannah Payne, were in- dicted for making counterfeit coin. The two former were dis- charged, the latter sentenced to three months' imprisonment. John Shorn was indicted for having stolen three buckets be. longing to the Dowlais Iron Company. Acquitted. The Nisi Prins causes in our next. The Special Jury Cause of the DukeofBeimfort v. Gough, in which Sir Wm. Follett and the Solicitor-General (Wilde) had been specially retained by the several parties, was post- poned, in consequence of the severe illness of the mother of Sir Wm. Follett, whose client, under the circumstances, did not think it expedient to go to trial at these assizes. VICE. CHA NCELLOR'S COURT— MONDAY. WILLIAMS V. THE EARL OF JERSEY. This was a bill filed by the plaintiff for the purpose of ob- taining an injunction to restrain an action at law, which had recently been brought against him by the noble defendant; and also to obtain relief in respect of the quiet enjoy aunt of certain lands of which he (plaintiff) was lessee. It appears that the lands of which the plaintiff is lessee, and which are situated near Swansea, had been obtained from the Earl of Jersey, many years ago, by the Duke of Beaufort, in exchange for other lands, then belonging to the Duke of Beaufort. Subsequently the plaintiff became lessee of the lands under the Duke, and had erected and since then continued to carry on upon the estate what are called the Morfa Copper Works. It would seem from the original conveyance from Lord Jersey to the Duke of Beaufort, that the Duke had obtained the exchange of lanlls for the very purpose of carrying on the copper works. The Earl of Jersey of late deeming the copper works to constitute a nuisance, and as being highly injurious to the herbage of his adjoining lands, had commenced an action for a nuisance against the plaintiff, and it was against that action that the plaintiff now sought the interposition of the court, founding his equity upon the terms of the original conveyance of the land to the Duke of Beaufort by the Earl of Jersey, and also upon the terms of his lease for quiet en- joyment. To this bill a general demurrer was put in, on the ground that the plaintiff, by the allegations of the bill, did not clearly and distinctly show to the court whether his relief was at law or in equity. Mr. TENNANT now appeared, and argued in favour of the demurrer. Mr. K. BRUCE and Mr. JACOB were heard in support of the bill. The VICE-CHANCELLOR, in giving judgment, said that if he had known the contents of the two deeds referred to hv the learned counsel for the plaintiff, before they had addressed the court, he would not certainly have heard any of tlw ir arguments in support of the bill". Those two deeds made a most strong case for the plaintiff. It was thereby shown that the Duke of Beaufort obtained the land in exchange, for the very purpose of carrying on the copper works upon the estate. He thought, therefore, this demurrer could not !Ie sustained. Supposing there had been no action at all brought, but that simply the Earl of Jersey had given notice to the plaintiff to desist from carrying on the works, the plaintiff would have been entitled to come to a court of equity under those two deeds, and ask fora decree for quiet enjoyment of tbe lands; or if on the contrary, the Earl of Jersey had thought fit to file a bill in this court to restrain the plaintiff from carrying on the copper works, and the present plaintiff should have filed a cross bill, setting forth the same facts as the present bill did, the court could do no otherwise tnan dismiss the Noble Earl's bill, and make a decree for quiet enjoyment in the cross bill. Although his Honour admitted the authority of the case of "Edwards v. Edwards," Jacob's Reports, 335, cited by the learned counsel who argued in support of the demurrer, yet he thought that case not appli- cable to the present, as this bill not only sought to restrain an action at law, but further prayed for a decree for quiet en- joyment of the lands in quesfon. Tee demurrer must, there- fore, be overruled in the usual way. Mr. K. BRUCE then said that, in the absence of his learned fried, Mr Lloyd, he bad to move for the common injunction to stay the trial of the action at law, and, on his own behalf, to ask leave to give a notice of the motion to extend the common injunction; to both of which the court assented.

BIRTHS. On the Illh iusl., at Lowtr Beetling, Sussex, the larly of the Rev. John Montagtie Cholmollddey, and sister to R. O. Jones, Esq., Fuumun Castle, in this county, of a daughter. MAHRXBS. On the 19th inst., at St. M ary's Church, Swansea, Mr. Henry Mathews, agent to the tiraiggolla Coal Company, to Mill Jane Thomas, of the eaw) town. On the 2id inst., at the same Chuich, Mr. Charles Doyle, of Beyton, Worcestershire, to Mrl. Elizabeth Richards, landlady of the Exeter lnll, Swansea- 0" ilie 16th iist., at St. John's Ctinrch, Liverpool, Mr. George Jones, brewer, of Swansea, to Mrs. James, stewardess of the J/outainecr steam-packet. On the Itith inst., at Whitchurch, by the Rev. Charles Emerson, Henry A. Naughan, Esq., of Wotxtfield, Monmouthshiie, to Mary Jane, eldest daughter of the tale Henry Lewis, Esq., of tJreeu Meadow, in thi» county. On the 9th inst., at Cowbridge, by the Rev. O. Jenkins, Mr. John Slockwood, to Jane, elde" daughter of Mr. James Reynolds, tailor and draper, of that town. On the anth ir.st., at Ebenezer Chapel, Cardiff, by the Rev. Lewis Powell, Mr. Jsaae Williams, shoemaker, of St. Lythans, to Elizabeth, daughter of Mr. Elias Davie*, farmer, of Radyr. On the 21st at Lanfrynaeh Church, near Brecon, by the Rev. C. Clifton, John F. Starke, Esq., eldest surviving son of the Iltte Cotft ct St.trke, of L.in«tiarne Castle, Carmarthenshire, to Caroline Anne, dauetf ter of Claude Clilion, Esq., of Tymawr, Breconshire- On the 14tli inst., at St. Mat) a Church, Brecon, by ftie Rev. W. Jones, the Rev. W. North, Protessor at St. David College, Lampeter, to Mar), third daughter of the late Thomas Maybery, Esq of Brecon. On Ihe 13th inst., at Narborough, Leicestershire, Fiederick Cruerton Travels Smyth. Esq., of Tenby, to inn Muckleston, second daughter of of the Rev. J. F. Muckleston, D. D., Prebendary of Lichfield and Wot- bamplon. DZBS. 011 the isib instant, aged 68, Leah, the widow of the lale Mr. Jacob Michael, of ttm town, deeply regretted by all who knew her woitb. She bas tefl a family of sons and daaghlers who will ever cherish her memoiy with filial affection, and munm her loss with heartfelt regret. On the 16th of May last, in his 19th year, on his passage home (rom Monie Vietto, John, only son of Capl. Thomas Rees, of Swansea, greatly taniented by his relatives and friends. On the fith inst., at Aston Clinton, Bucks, in the 79ih year of his age, George Rowland Minshnll, Esq., the well-known Magistrate of Bow-street, and maternal unele of George (lowland Morgan, Esq., of Galilys, in this county. On the 21st inst., at Brecon, Henry Lucas, Esq., M.D., and Mayor of 4hat borough -II gentleman IRnch and deservedly esteemed. On the llth inM after a long illness, borne with much resignation ased IS. pavid, the yoongest ion of Mr Edward Jones, ironmonger' Carmarthen.

SHIP MW8. SWANSEA.—Arrived, the Betsey, Johns; Martha, Eynon; Idas, Hollts; Waterloo, Wallers; Thoina* Mahony, Gouub; Truro, Carter; Wave, Rees; Garnet, Jones; Ann, Mollard; Nautilus, Heany Dolphin, wicuon; JUHHO et e,iizat>etb, Mluton VVa termootli, Codtip; Dolphin, Hoddan Cbiirles, M IIrl, Taonton, Harding Eliza, Crockford; Mary, Burnell; Linnet, Jones; Morfa, Francis; John and Mary, Wilhicombe Miner, Hart; Friendship, Westtake; Marya, Peak; Par, Ellery; Friends, Moles; lils, Prust; Glatel, Percy; Castle Baynard, Waruer; Sarah, Murt; Thomas, Rosser; Tucker, Lowtber; Brothers, Guslavns; Chaitotte and Hannah, Smith; Tamar, Belt; Na- varino Paynter; Hope, Partridge; James, Pulmare; Walter, Dingle; Dasher, Rosser; Calheiine, Parnell Yilliers, Dalton; Dove, Welch;, Moderator, Wedlock William and Nancy, Griffiths; Elivit and Jane. Nicholls; Friends, Smith; Agenoria, Hawk; Henrietta, Power; Gip; sey, Creswell; Alfred, Crowhnrst; Catherine, Salt; Celia, Kernew; Mary, Hill; Simeon, Sayer; Susan, Irwin; Dispatch, Cox; William and Mary, Dingly; Fame, Amos; Watchet Trader, Slocombe Breeze, Wall; Veracity, Hoskius; Swansea Trader, Morris, with copper ore, bricks, limestone, &c.; and 41 in ballast. MILKORD.—itrrtoed,Ihe Anna, Seelenr, from JefMy Effort, Davies, from Quebec; Kronprinds Frederic, Goldman, from Nyborg; Peace, Lewis, from Walerford; John, Griffiths, from Southampton; Star, Reel,from Bristol; Mary, James; and Peregrine, Griffiths, fiomTroon; and Lark, James, from Carmarthen for Milford; N. One, Kent, from Granville for Carnarvon; Elizabeth, front Neath; and Charles G. Fryer, Williams, from Newport for Cork; Blanch, Treweeks, from Swansea; and Hope, James. from Troon, for Falmouth; Ardent, Dod- dting, from Liverpool, for Galway Silyl, Hayes, from Porthcawl for Wexford. Cleared out the Gwen, Edwards, from Portmadoc for Newcastle; Desire, Griffiths, from Portmadoc for Cowes; Naiads, Phillips, from Riga for Carmarthen; Brothers, Evans, from Liverpool for W Wbeach Velocity, Jones, from Cardiff for Newhaven William, Williams, from Balliac; and Eliza, Seaborn, from Sannderifoot for London.

COUNTRY MARKETS. SWANSEA.—Wheat,8s. 8d. to 9s. Od.; Barley, Rs. Od. to 5s. 4d.; Oats, 4s.4d.to4s 84. per Imperial Bushel. Beef, 6d. to 6 £ d.; Veal, 5d. to 6d.; Motion, 5^d.to €|d.; Lamb, 5^d. to 6 £ d.; Pork, 5&d. to 6d. per lb.Salt Butter, 9d. to lOd per IU. COWBKIDGE.—Wheat, 10s. and Os.; Barlev, 5s. Od. and 0s. Od.; Oats, Ss, 6d. and 4s.0d. per Imperial Bushel; Beef, 6d. and7d.; Motion, 7d. and 8d.; Lamb, (ijG. to7d.; Veal, &d.. and 0d.; Pork, Od. per lb.; Butter, 10^d and Is. 0d.; Cbeete, (beit), 6d. and Od.; Common ditto, 0d. CARM.RTHI!.N.-Ayer.ge Price.: Wheat, 7s. 104d.; Barley, 5a. Od.; Oats, 0s. 0d., per Imperial Basbel. Cask Bitttr, 8}1 Freab Ditto, la. id.} Cheese, 4|d, per lb.

A remarkably fin'e irort-bnilt steamer, called the Brigand, arrived at the port of Bristol on Thursday, from Liverpool viA Wexford, being her first voyage, and bringing a large quantity of sugar. The vessel is fitted up in a superb style; the saloon and cabins are elegantly famished the pannels of the former are painted in a similar style to those of the Great Western, and in the latter 60 beds are made up. Her engines are 180-horse power. She only draws seveu feet of water, and is said to have cost 23,0001. On Monday, a man who had been acquitted on a charge of highway-robbery at the last Bristol Quarter Sessions returned home in triumph in an open fly, dressed up with ribbons, and accompanied by the prosecutor A supper was given by one of the parties, at which both pro- secutor and prisoner were present.—RttsM Journal.