Monmouthshire Merlin

TOWN-HALL, NEWPO RT.—SATURDAY. COUNTY POLICE. l Before the Rev. THOMAS POPK and GEORGE HOM- L FKAY, Esq.] William Watkins was summoned for selling beer dur- jncr prohibited hours. P.C, 43 proved the case. The wife of the defendant pleaded that the men were tra- vellers, and the Rev. T. Pope said the Court would take a lenient view of the ease, and inflict a penalty of 10s. and costs. Philip Lewis, summoned by P.C. Trewartha, for riding on his wagon without reins, was ordered to pay the expenses. James Huggett was charged with fighting at Magor, with John Rosser, on the 9Lh instant. The case against Mr. ltosser was heard last Saturday. Defendant was bound over to keep the peace in the sum ot £20. Charles Williams, Goldcliff, farmer, was charged with assaulting one of his workmen. Defendant did not ap- pear, the service of the summons not being good. BOROUGH POLICE.—MONDAY. [Magistiates II. SHEPPARD, Esq., Mayor, Alderman EVANS, and L. A. HOMFRAY, Esq.] William Taylor and John Lucas, for being drunk and disorderly, in Speedwell-street, at two o'clock on Sunday morning, were fined 5s.—A negro, found by Harbour Po'iceman Palmer deserting from a French vessel, was oadered to be sent on board.—Geo. Williams was charged with being drunk and disorderly the previous day. The Mayor inquired if he accompanied the policeman quietly. Superintendent IIuxtaule Oh, yes. He merely had a little song to himself, after being lodged in the station. We had plenty ot singing and dancing in the cells all day yesterday. Fined 5s. A French seaman, charged with threatening his captain's life, was discharged upon promising to leave the town immediately, the captain being about to sail the next morning.-An order was made for the removal of James Lofthan to Youghal, and for Edmund Neale to Tipperary.—John Badgely was charged with assaulting Charles Smith. The parties, it seems, are runners fur boarding houses. In that to which the defendant belonged four French seamen were concealed and on the police becoming acquainted with it, he believed the information to have been given by the complainant. He in consequence called at his house, invited him to a conference in the back kitchen, and then struck him twice on the head. To pay 20s. WEDNESDAY. [Magistrates H. SHEPPARD, Esq., Mayor, GEORGE GETHING, Esq., and Alderman HoMFRAY.] There we;" but three or four cases upon the business paper. Owing to the absence of various parties, how- ever neither could be proceeded with. The Bench spoke [ strongly upon the delay caused, the Mayor stating that the court would, as long as he presided, bo Qpened puno- I tually at eleven o'clock and if persons did not attend, the matters in which they were concerned would be either dismissed or disposed of in their absence. Ellen Barry was charged with assaulting Dennis Leary, landlord of the Rose and Shamrock. Complainant said about six -months ago the defendant and several other bark women rushed into his house, and the defen- dant kicked him on the leg, and otherwise assaulted him. She had since been living in Brecon, which accounted for her non-appearance to the summons at the time. In answer to the magistrates, the complainant said he had no wish to press the charge, provided the woman would not molest him again. She promised not to do so, and was ordered to be discharged upon payment of costs. Jeremiah Coghlan was charged with stealing a coat, the property of William Clark, butcher, Chepstow. Prosecutor lately resided in Newport. About twelve months ago he entrusted the coat for repair to the prisoner, a tailor, who failed to return it. He was taken into custody, and he then acknowledged having pawned the coat, and lost the ticket. The prisoner was further charged with stealing a pair of trowsers, belonging to John Rodnage. Last May, prisoner was ordered to put lining in the trowsers. A day or two after he pledged them with Mr. Isaacs. Upon being apprehended by Detective Curtis, he admitted the charges, pa vn tickets for other garments being found in his possession. He now pleaded guilty, and was sent to Usk for three months. George Lockier, of Maindee, builder, was summoned, but did not appear to a charge of allowing his mother to but did not appear to a charge of allowing his mother to become chargeable to the parish. The relieving officer said she had been in the receipt of 3s. 6d. weekly for some time. Defendant had been sent in a bill for -69 odd, but he had taken no notice of it. The Bench said the matter was not within their jurisdiction, as the defendant resided out of the borough, and the case was consequently dis- missed, the relieving officer stating his intention to sum- mon him before the county magistrates.

CHEPSTOW. THE ANNUAL EXHIBITION OF STOCK AND POULTRY, As stated in THE MERLIN of last week, was held on Thursday se'nnight, in tlie bonded yard, Chepstow and, the weather being fine, a large body of spectators was attracted to the show, to which, after a few hours in the morning, gratuitous admission was obtainable. The animals exhibited sust lined the reput-.tion of previous show?, and although of a stri tly local character, the present might bear comparison with many of larger pro- tensions. In the classes for cattb-, between f,)rty and fifty generally prime animals were sent for competition. There were. too, forty peris of sheep, several single lambs, seventeen horses, and some twenty pigs, among which several in addition to the prize animals were commended by the Judges. The poultry show was small that of implements varied and interesting. The Judges in all departments, with the exception of poultry, were Mr. Henry Collins, Duffryn Mr. James Priday, Gloucester and Mr. Rees Kee Ie, Penereeg. Judge ot poultry, Mr. Tom Llewellyn Brewer, Newport. The following ia the PRIZE LIST. CATTLE For the best bull, cow, and gffspring, L5 5s.Mr. Wm. Harris, Llantnellin. For the best ball—First prize, £ 2, Rev. E. F. Lewis, Portskewett second prizj, £1, Mr. J is White, Lindors. For the best fat cow -Firilt prize, jS2, Mr. Thos. Dowle, Ifton second prize, -Cl, Mr H. Higgins, Woolhston Grange. Mr. R. Phillpotts, Pwllsneyrick, commended. For the best pair of two-year-old heifers—First prizi, d62, Mr. Jas. White, Lindors second prize, jEl, Mr. W. Jane, Wib len. Mr. T. Dowle, Ifton, and Mr. J. White, Lindors, commended. For the best pur of yearling heifers—First and second prizes, £2 and £ 1, Mr. H. Higgins, Woollaston Grange. For the best pair of yearling steers- First prize, £2, Mr. J P. Prosser, St. Arvans Grange; second prize, Xi, Mr. H. Higgins, Woollaston Grange. For the best two breeding cows-First prize, .£2, Mr H. Higgins, Woollaston Grange; second prize, £ 1, Mr. Jas. White, Lindors. Mr. John Dowle, Claypitts, Rev. E. F. Lewis, Portskewett, and Mr. J. White, Lindors, highly commended. The class generally commended. SHEEP. For the best pen of 5 long-woolled breeding ewcs,-First priz- f2, Mr. Thos. Woodall, Uinham second prize, £1, Mr. H Higgins, Woollaaton Grange. < lass commended. For the best pen of 5 yearling ditto—First prize, £ 2, Mr. Jeremiah Brettell, Tutshill second prize, £1, Mr. John Dowle, Claypitts. Mr. John Dowle, Claypitts, commended For the best pen of 5 short woolled breeding ewes First prize .1:2. Mr. Joseph Rymer, Phillpott's Court second prize, :£1, Mr. Dowle, Claypitts. Mr. Brettell, Tutshill, commended. For the best pen of 5 yearlings-First prize, JE2, Mr. H. Higgins, Woollaston Grange; second prize, £.1, Mr. Brettell, Tutshill. For the best pen of 5 wether lambs-Prize £ 1,. Mrs. Townsend, New Passage. Mr. Dowle, Claypitts, amUlr. J. B. Soead, Rossfi,,),I. commended. For the best pen of 5 owe ditto—Pri» £ 2 2B., Mr, JJ. P. Jaiuos, George Hotel. Mr. J.T. Perkins Matberne, com- mended. For the best ram lamb-Prize XI, Mr. Brettell, Tutshill. Mrs. Townsend, New Passage, commended. HORSES. For the best entire cart horse, J5 5s., Mr. T. Perkins, Matberne. For the best three-year-old colt or filly by a thorough- bred horse. X2 2s Mr. White, Lindors. If For the best yearling cart colt or filly, £1 la., Mr. R Phillpotts, Pwllmeyric. For the best broott mare for hunting or coaching pur- poses, t2 2s., Mr. White, Lindors. For the best brood cart mare and colt for agricultural purposes -First prize, £ 2 2s., Mr. H. Higgins, Woollaston Grange; second prize, £ 1 ls.„ Mr. J. Pilcher, Tutahill. pros. For the best breeding sow, 21 Is., Mr. W. Higgins, Woollaston Grange. Mr. J. P. James, George Hotel, commended^ M. T. LI. Brewer, Danygraig, Mr. H. Higgins, Woollaston Grange, cotumended. For the best sow and little pigs, Yl Is Mr. Brettell, Tutshill. For the best fa.t pig (cottagers)-First and second prizes, £ 1 Is. and 10s Mr. John Dowle's labourers. EXTRA STOCK. Pen of five yearling wethers, a. prize of Xi, to Mr. Woodall, Dinham. A bull calf, jEl. to A. B. Savery, Esq. POULTRY. For the best Dorking cock and two hens, 10s. 6d., Mr. A. B. Savery, Hardwick. For the best game cock and two hens, 10s. 6d., Mr. E. G. Jervis, Itton. For the best any breed cock and two hens, 10,4. Gd Mr. S. Adams, I'ensylvania. For the best gander and ten geese, 10s. 6d., Mr. Allen Higgius, Woollaston Grange. For the best drake and two ducks, 10j. 6«1., Mr. Allen Higgins, Woollaston Grauge also commended. FARMS For the best cultivated farm, of not less than 200 acres each candidate to be a tenant farmer given by E. M. Curre, Esq., Itton Court-plate of the value of L7 7s.- Mr. Thomas Perkins, Matberne. The same as above, 100 to 200 acres given by C. J. Lewis, Esq.. St. Pierre plate to the vaiua of £ 5 5s.— i Mr. Charles Rymer, Woollaston. Ditto, 50 to 100 acres: given by the Society-plate to | the value of £ 3.—Mr. J. P. James, George Hotel; Mr. J. B. Snead. highly commended. --O--J ROOTS. For the best piece of Swedish turnips, not being less than 5 acres—the cultivation of the whole root crop to be taken into consideration, and not less than one-fourth of the arable land under roots-on a farm not less than 200 acres given by His Grace the Duke of Beaufort—a cup, value £5 5s.—A. B. Savery, Esq., Hardwick Lodge. The same as the above, 50 to 200 acres given by E. M. Curre, Esq.—plate, value £ 3 3s. — Mr. James Rymer, Wibden. For the best general crop of roots given by the Society -a cup, value £5 5s.—Mr. Thomas Perkins, Matherne. Second best ditto given by C. Bathurst, Esq., Lydney Park-plate, value S2 2s.—Mr. C. Chandler, Portskewett. Mr. J. Dewle, Penhein, highly commended. For the best general crop of roots, not being less than one-fourth tillage, for second sized farm in this class given by J. Lawrence, Esq., Cwmbran Ironworks-plate, value £ 3 3s.—Mr. J. Smith, Itton Cottage. Second best ditto given by Norrington and Co., Ply- month—plate, value £ 2 2s.—Mr. J. B. Snead. For the best piece of mangold wurtzell, not less than two acres given by Mr. John Pillinger-plate, value 23 Doward, Day House Mr. J. Dowle com- mended. AGRICULTURAL SERVANTS AND LABOURERS. To the servant or labourer of a member who shall have made and thatched the ricks of his employer in the neatest and most workmanlike manner given by the Society, £1 10s.—Servant of Mr. C. Chandler, Portskewitt. Ditto, thatching only given by the Society, £ 1.—Ser- vant of M. J. Rymer, 8troat. To the labourer who has the cleanest and best-managed cottage and garden given by Robert Peake, Esq., £ 1.—" James Jeremy, at Mr J. B Snead's farm. Second best ditto: given By Richard Peake, Esq., 10s. -James Jeremy, at Mr. Snead's farm. To the shepherd, servant, or workman of a member, who shall have had alive on the 1st of May last, the greatest number of lambs, in proportion to the number of ewes put to the ram, not being less than 150 ewes of the Leicester and Cotswold breed given by Samuel Holder, Esq., Lydney, £1 10s.-Thomas Dowle, shepherd, 156 ewes, 193 lambs. Second prize, as above, not less than 56 ewes given by the Society, £ 1—T. P. Williams, shepherd, 105 ewes, 143 lambs. To the shepherd, servant, or workman of a member, who shall have had alive on the 1st May last, the greatest number of lambs, in proportion to the number of ewes put to the ram, not less than 50 ewes, of the Down and cross breeds given by the Society, XI (second prize).-S. Adams, shepherd, 50 ewes, 73 lambs. To the in-door male servant of good character, who shall have lived in the same family the greatest number of years consecutively, not less than 3 years: given by Mrs. King, Portskewitt, £ 1.—William Robins, at Mr. S. Matthews's, 12 years' servitude. Ditto, female servant: giveu by Mr. Samuel Matthews, Ifton Hill, Bl.- Mary Plaisted, at Mr. S. Matthews's, 8 years' servitude. To the gqt.!(IogT labourer, who shall tiayg worked for the same master the greatest numberof years consecutively, not less than 3 years given by Mr. Thomas Dowle, Ifton, jEl. -G. Griffiths, at Mr. T. Wade's, 32 years and 6 months' servitude. To the labourer and his wife who are bringing up and educating their children in the most creditable manner, as certified by the Clergyman of their parish the number and ages of the chiklran, with full particulars, to be speci- fied to the lion, secretary given by the Society, It 10s. -Philip and Sarah Price, Sedbury, 12 children, ages 7, 9, 12, 14, 16, 19, 21, 23, 26 3 dead. The young out-door farm labourer, whoso age does not exceed 17 years, of good character, and certified attend- ance at church, and has lived not less than 2 years conse- cutively with the same master given by the Rev. R. Vaughan Hughes, Wyelands, £ 1.—William Large, at Mr. T. Perkins's, 6 years' servitude. 0 ) To the male servant of good character, and certified due attendance at church, who shall have lived the greatest length of time in his first place, not less than three years given by the Rev. E. T. Williams, Mount Ballan, 15s.- Joseph Jones, at Mr.Thomas Wade's. Ditto, female servant, given by ditto, 15s.—Fanny Tho- mas, at E. M. Curre's, Esq., 11 years' servitude. THE DINNER, Which took place at the George Hotel, passed off most pleasantly. The president of the club, Mr. Curre, and Capt. Savery occupied the head and bottom of the table respectively. The usual toast list was gone through, and the Chepstow Farmers' Club alluded to in terms of gratu- lation. Altogether the meeting was a most successful one. ———

CHEPSTOW COUNTY COURT. FRIDAY. [Before J. MAURICE HERBERT, Esq., Judge.] A DISPUTED LAWYER'S BILL. Croome v. Harper.-The plaintiff, Mr. Daniel Croome, jun., of Lydney, solicitor, sued Mr. James Harper, of Lydney, coal merchant, for £28s. 10d., for professional services and advice between November, 1855, and February, 1856. Plaintiff's statement was to the effect that he had been engaged by the defendant to proceed against a party for defamation several interviews took place, and he advised the defendant not to enter upon an action, considering there were no grounds for so doing; ho consequently did not proceed. On the other hand, the defendant deposed that his determination to bring an action was never altered, and that his instructions to the- plaintiff to go on were positive he offered to provide any money that might be required, and believed, until the receipt of the bill, that proper steps were being taken for going into court. Mr. Thomas Evans, who conducted the case for the defendant, submitted that Mr. Croome having failed to proceed to the extent desired by his client, was not entitled to recover costs to the time of the abandonment of the case. The Judge remaiked that he could call to mind no instance in which an attorney had abandoned a case when there was a pro- bability of succeeding. He was not aware that a solici- tor was compelled to proceed whether willing or not, and eonsidel ed that a professional man was justified in giving up a case at any time if he believed it to be preferable to do so. He quoted Chitty's opinion upon the matter, deciding ultimately to adjourn his decision to look into the point raised by Mr. Evans,-J udgment reserved. THE RIGHT OF THE CLERGY TO DOUBLE PEES FOR THE BURIAL OF PAUPER NON-PARISHIONEK3. Cressuell v. Chepstow Board of Guardians.—The plain- tiff in this case is the Rev. W. F. Cresswell, incumbent ot St. Arvans; the defendants, the Board of Guardians of the Chepstow Union and the action was brought to recover 6j. 8,1., ""for balance of customary burial fees for a non-parishioner dying out of the parish of St. Arvans." The plaintiff conducted his own case, Mr. R. J. Cathcart representing the guardians. The Rev. W. F. Cresswell stated that the fction was brought to recover the balance of the fee for burial, pay- able according to custom when parties who died in other parishes were brought to his for interment. By the common law, with regard to the rights of burial,, it was provided that every person was entitled to be buried in the churchyard of the parish in which he died. [The Judge: No doubt of it.] Also a clergyman might charge a reasonable sum for the burial. But if a person died out of a parish, he had no right to be buried there; and his executors must pay for his interment in conformity with the custom of the parish in which he sh> uld be interred. By the 7th and 8th Vic., c. 101, s.31, itwas-declared—"That it shall be lawful for the guardians, or where there are no guardians for the overseer to bury the body of any poor person which may be within their parish or union and unless the guardians, in compliance with the desire expressed by such person in his lifetime, or by any of his relations, or for any other cause, direct the body of such poor person to be buried in the churchyard or burial ground of the parish to which such person has been chargeable (which they are hereby authorised to do, every such dead body shall be buried in the churchyard or other conseorated burial-ground in or belonging to the parish or nlaee in which the death may have occurred and in all ca<¡es of burial under the direction of the guardians or overseers as aforesaid, the fee 04".fee8 payable by the custom of the place in which the burial may take place, or under the provisions of any Act of Parliament, shall be paid out of the poor-rates, for the burial of each such body, to the person or persons who by such custom or under 3uch Act may be entitled to receive any fee." He claimed 13s. 4,1. for the burial of a person interred by the order of the guardians in his parish. Of that he had received 6s. 8d., and now sued for the remainder. The Judge: What are the circumstances connected with that payment? Did they pay you 61. 861., and refuse to p 'y you any more ? The Rev. W. F. Cr«sswell: They refused to pay me any more. The Judge Why did you take the 6s. 8d. ? The Rev. W. F. Crasswell I gave them a receipt as part payment, receiving the 6s. 8d. under protest. On the 22nd of January, 1-843, I read myself in and on the 29th of June, in the samu year, I buried Elizabeth Gates, the sister of the then clerk of the parish. He paid me 13i. 4d. The Judge: Since you entered upon your ineumbency you have always received 13s. 4d for noti-parishioners ? The Rev. W. F. Cress well All have offered to pay it, except when I have remitted a portion owing to the poverty of the parties. The Judge: Is there any evidence anterior to show the custom prevalent then ? The Rev. W. F. Cresswell The clerk died in 18.54, and he had occupied the post many years. No mention is made in any of the books or old registers as to what the fees were. The Rev. Gentleman was then sworn,.ftnd deposed My benefice is a perpetual curacy William Bridger left the parish of St. Arvans twelve months aU but a few days; he was a former parishoner of minef.and when he went took everything away with him he went to reside inNewchorch,. where he died lie was buried on Tues- day, the 5'.h of October last, at St. Aryans; I believe he was at the time an out-pauper. The Judge Do you know whether he was buried by the union ? Plaintiffs The deceased's son-in-law came to me, and said he was sent by the relieving officer, Mr. White. Mr. Cathcart said he admitted tha burial by the union. Plaintiff continued I told him it would be double tees, aLIU inai tney would amount to 13s. 4d.; 1 saw Mr. White afterwards I told him I- had sent in ray ao count for the burial he said the Board of Guariiian3 would pay me my money, as it was the wish of the party to be buried in St. Arvans; I have been incumbent since the 20th of December, 1842 during the whole of that time, I have received 13s. 4d. from non-parishioners, except where they have been excused on the ground of poverty. The Judge You did not see White before you buried the deceased ? Plaintiff: I did not, your, Honour. Cross-examined by Mr. Cathcart I have made an en- try of every burial since the time my present clerk was appointed in 1851; prior to that time, the clerk collected my fees, and gave me the money that clerk is dead he died in 1854; no account was kept; you can call one or two in the town who paid in that time. Mr. Cathcart I want to know the name of some par- ties who have paid you double fees for non-parishioners since the appointment of the present clerk in 185.1. Plaintiff: 1\Ir.. Gegg, at. the bank, paid me for his own child; he paid me 13s. 4d., of which I gave him 3s, 41. back he was living in Chepstow his child did not die in St. Arvans; before his child was buried, he c-tme to me for permission; I told him the fees would amount to 13s. 4d. Jeremy is the name of another who was buried the clerk collected the money I cannot say from whom I received, 13s. 4d. from him he died in Chepstow some one came to me for permission I do not remember who it was; his brother came to me, my clerk reminds me; I don't know that I mentioned my fee; I might have given permission without mentioning my fee 1 do not know whether my clerk was present; he might have been sent from the clerk to me; there were also old Mr. James and young Mr. James, of Penypark I do not know who came to me for permission; I only know I was paid double fees by the executors there have been numberless burials from other parishes since I have been incumbent. The Judge It is a favourite churchyard, then, for non-parishioners. (A laugh.) Mr. Cathcart: Can you tell us any more ? Plaintiff: How far do you want me to go back ? Mr. Cathcart: As far as you like. Plaintiff said he would commence at the beginning ot the book Elizabeth Sergeant, from Newport, pai< 133.4d.; she formerly lived at St. Arvans; lam pre- pared to swear from memory that I received the for Mary Ann Turton, of Whitchurch, I rtceive s. I received the money in the vestry. By the Judge I have searched through the books, and cannot find any memorandum of any fee whatever tl.e late clerk lived some time after the other was appointed 1 he generally colleoted the fees. Cross-examination continued: I buned the chIld of 1 George jottvo in April, 1858; my fee wog fr. 8d., the ground not having been broken I gave him 3s. 4d. back; he was living at St. Arvans, and his child there I re- member the burial of Mrs. Bassett; she died out of my parish I was not at home when she died I only took 6s. 8d. because the son buried his mother at his own ex- pense, rather than allow the parish to do it my clerk, too remitted his extra fee of Is. I had no conversation with him myself at the time the fee for a parisluon. r, whose family has broken ground before, is 3s. 41.: if ground has not been broken before, it is 6s. 8d.; I don't know whether Bridger had a relative buried in my churchyard before. The Judge That would give no right. Mr. Cathcart (to plaintiff) You stated there was a difference with respect to opening ground as regarded pa- rishioners. Is thut carried out in regard to non-parish- ioners ? The Judge If so, I think it would be a bad custom. All rights of burial are by reason of inhabitancy within a parish, or dying in a parish. Where the tree falls there let it lie. John Mayou was then called, and examined by the plaintiff: He stated he was the clerk of the parish since he had held the office, 13s. 4d. was the usual fee paid for the burial of a non-parishioner. The Judge: I suppose you don't receive 6s. 8d-, and pay 13s. 41. to the parson ? (Laughter.) Witness No. I have been sexton since 1827 I usually collected the fees for Powell, my predecessor as clerk he died about three years after I was appointed. By the Judge I think I received the fee for Mrs. Bassett from her son he paid me my fee at the time of burial I don't remember anything passing between him and me as to the clergyman. By the Plaintiff: As my fee I received 2s., giving him back one. This was the case for the plaintiff. Mr. Cathcart then submitted to his Honour that but for the Act quoted, the title of the plaintiff to fees, if he had any at all, was merely compensation for permission to bury in the churchyard. The Judge Somethina in the nature of use and eccu- pation. Mr. Cathcart: Something of that nature. It was q'tito elear that a parishioner had a right to be buried there. The Judge: Upon paying the accustomed fee. Mr. Cathcart: Upon paying the accustomed fee. But he found it was also clearly set forth by Toulmin Smith that burial in the parish churchyard was the right of every parishioner. Although the feehold of the churchyard was said to be in the parson, that was only nominal, the parishioners having an absolute, if not the exclusive right to it for burial. Another paragraph stated that the use of th^ churchyard being a right, no burial could take place there except by the consent of the churchwardens or parishioners. What said the statute ? Section 31 gave an authority to the guardians to bury the body of a pauper under certain circumstances in any churchyard whore his relatives might desire him to be buried, but it was with this qualification, that the fee or fees- payable should be according to the custom of the place, and be de- frayed out of the poor rates. He submitted that the only fee payable was the customary fee; and under such cir- cumstances, and having reference to the Act of Parli-iment, he contended that the customary fee was that payable upon the burial of parishioners. There was the common law right of every parishioner to be buried in his own parish churchyard. Incidental to that right was the pay- ment of a customary fee; for without that custom, parishioners would have a right to be buried there with- out any payment. The Judge: No doubt of it; Mr. Cathcart: How then could there be a custom with regard to a non-parishioner when the custom itself was incidental to the right ? He, therefore, said that Mr. Cresswell was not entitled to charge the guardians a higher fee than he was entitled to charge hi3 own pa- rishioners. That was the view of the defendants. Here was the case of a pauper. The guardians had no discre- tion with regard to the burial, for they were required to direct it to take place according to the wish of the deceased or his relatives. Mr. Cathcart having read the section, continued—If the guardians complied with 3uch wish, to what extent were they liable ? The extent of their liability was measured by the same section, which rendered them only chargeable with the payment of the customary fee. What was that fee ? At the outside only 6s. 8d., by the evidence of Mr. Creaswetl himseif, who therefore stood there with no right to require more. Mr. Cathcart was then proceeding to argue that the matter was not one within his Honour's jurisdiction, inasmuch as he had to try Mr. Cresswell's right as to an heredita- ment but The Judge ruled that it was not a question of tit!9,. but custom. What said the plaintiff? I have permitted a man to be buried in my churchyard who had no right to be buried. I could have made any contract with his friends, and refused permission if I thought proper, I did not do that, but gave them permission. Then he was entitled to a certain sum for that permission. How was that to be measured F It was not like a fee that- was settled. The usage merely measured the reasonableness of the amount charged. Custom could not fix a specific sum when the incumbent might refuse anyone burial. Mr. Cathcart: I put it as to how far the guardians are liable. The Judge I am aware how you put it—that the guardians had no power to direct the burial there. If he could not be considered an inhabitant 0; the parish, then they have exceeded their authority, aud are not liable for more than if they had strictly acted-within the scope of their authority. Mr. Cathcart: J UGt so. 1 say this Act ot Parliament is open to both parties When Mr. Cresswell gives per- mission to the guardians he cannot exclude fiom his knowledge this Act, .which provides for the piyiaent of the customary fee of the parish. That fee, I: submit is 6s. 8,1., which sum was directed to be patd in satis- faction but Mr. Cresswell took the money, and when asked for a receipt gave one in his own form. The Judge: Whan the person was given therecei.pt, did he ask for his naoney back again ? Mr. Cathcart did not know but Mr. Cresswell,. when told that the money was in satisfaction, had no right to take it at all. If his Honour thought the defendants were to meet tha case on custom, he (Mr..Cathcart) would call evidenca which would doubtless give it a dif- rerent aspect. The Judge ::Do as you like. I think you have a case to meet. Mr. Cathcrt then called the following witnesses:— Samuel Watkins, relieving officer of the parish of St. Arvans, stated-Bridger was fer a long time charge- able to the parioh I was directed to pay Mr. Cresswell the account' for the burial X told hint^. ou tli9 ol October, that 1 had been desired by the guardians to pay him his bill j. he said-" I won't receive it." the money was placedton the table; I said he had better take it and sign the voucher book he took the Eiouey, an.ll said- No, I w-on 1 sign the bcok, but I will give you a receipt, that will be sufficient." [The receipt stated that th( 6s. 8,1. was in part of bill delivered-of 13a. 4;L for thf burial of William Bridger, residing in Ncwchuich.] I said the receipt would not do to go before the auditor. On tha Friday evening I called at the clerk's house, anc saw Mr. Cresswell. I told him the raceipt was of no use and asked him if he would let me have the ma.ney back He said no: if the guardians wished to have the monel back, he would return it on Saturday. James White, relieving officer of Newchurch, said When Bridger died, in answer to me,, his relatives said he was going to be buried at St. Arvans, at his father's wish. lie was so buried. The Rev. David Jones stated that his father, who died in 1842, preceded Atr. Crejswell in the living of St. Arvans he held it about forty years witness did not exactly know the burial fees during that time, but always understood it to have been Is. for parishioners could not say what it was tor non-parishioners. To Mr. Cresswell He frequently buried for nothing. George Howell, a very old inhabitant and churchwar- den, said he generally understood before 1842, that the burial fee was Is.; he could not state the fee for non- parishioncrs. The Judge: It is impossible there can be a customary fee fur a non-parishioner, because it is not a right, ilr. Cathcart Th-at is what we submit. This being all the evidence to be adduced, his Honour intimated tiiat he would reserve his decision.

CRICKHOWELL. PETTY SESSIONS, FmuAY.—[Hetore Martyn John Roberts and Robert llaikes, Esqrs ]—Superintendent Evans charged Thomas Saunders, of Worn Butler, Llangattock, with riding without reins. The case » as clearly proved, and defendant fined 4s. 6d. and cos s. William Charles, of LI angattov.k, charge Powell, of Llane'ily, and Henry Lloyd, o'1 ie 88 P > with assaulting him. Powell being t c c j6: lie aff.ir was fined in the sum of £ 1 «»■ > "oyd was discharged with a caution.—Willi' » 'narged John I) .vies, of Crickhowell, with the same offence. Fined Is. and costs. • On Saturday last this town was throw n into gloom 0n hearing of the death ot Sir Joseph B.aley, M.P., 0f Glanusk Park. All the shops weie closed as a mark of respect to the deceased gentleman. His loss will be greatly felt i? this town and the different parishes in the locality, particular y by the poor and needy, to whom Sir Joseph and L'tdy bm.ey were always ready to tender The inhabitants of the town are now in expectation of having a railway to pass near the piaee. Since the days of the mall coaches, the town has been declining, and the tiamc from the western counties at present is carried on by rail. The glory of Crickhowell departed with the dying blast of the bugle of the old mail coach guard, but a railway would sOJn restore it to its pristine state.

PENARTH. I We are sorry to say that these works are at a stand this week. All the men are out on strike, owing to a dispute respecting prices. The contractors want to re- duce their wages, but not their labour. It is to be hoped that they will come to eowe arrangement soon.

THE C FIA R G 3<: OF M U R'D si IN CARMARTHENSHIRE.. n< O 1 Saturday la-t, David Thoma? was brought Up ft Carmarthen, before Col. Sir J. J. HAMILTON, Bart., Capt. DAVID DAVIF.S, R. JENNINGS, Esq., Dr. tl KEXCE, and D. J. 15. LDWAUDES, Ksq., charged fc murdering Lewis Williams, 33 years ago. An out! t, of the case appeared in the last MEKLIX. t, John Price examined: I am a carpenter, living at the j village and parish of aclieii, in the county of MOll" s moulh. I was examined on a coroner's inquest held 011 t the body of Lewis Williams, about thirty-three of ] thirty-four years a^o, and when I was about fifteen yea" 1 of age. Lewis Williams was then a servant at evan-ddu, in the parish of Mothvi-y, in the county Caimarthcn. I resided there at the same time, bei#? related to the family. I remember a person David being a servant there at the same time, and was courting a servant girl at Blaendynfich. I alld David went one night to Blaendynfich, and I was sleep with John Jones, a servant man there. I into the cart house, and David stood opposite Lewis Williams, and a servant named Isaac, went into field. Le.is Williams had come from Waunhiry but I do not recollect where Isaac lived. When I was au' side the cart-house, and hearing a noise as of persoov fighting in the field, I went to John Jones, the at Blaendynfich, to tell him the boys were fighting. called him out of bed, and he cams with me immediately' 1 and we went into the field, where I saw two person'j standing and one sitting. I am not certain he sitting. Isaac I mean. David and Lewis Willialot were the persons standing. After we got up they menced fighting. Lewis Williams and Isaac were goiof to attack David, but Isaac said, Oh, God, he has got a knife in his hand," and with that he struck levvo Williams in the ne.;k. Isaac, J .h11 Jones, and myself went down to Blaendynfich, to cal! Mr. Lewis Thom3s» the master of the houses Mr. Thomas came down fro"* bed, and accompanied u.s to the field, where we sa- Lewis Williams, wh > was dead, but David had disap' peared. About ten minutes or a quarter of an hour elapsed from the time we left the field to the time I returned with Mr. Thomas. The only persons we l^ [ in the field wh-n we went f r Air. Thomas, were Davl. and Lewis W illiams. The distance from Llettyvaudd^ i to Blaendynfich was three fields breadth. David and i lived together, and worked on tho same farm about oOf j year. I am not sure how lung exactly. I do not kno^[ where David came from. I have not seen him since. cannot say whether David is present. Mr. Parry: Can you see any one like David in this rosm ? Mr. Owen I object to that question. Air. Lloyd Price We may p int out the prisoner to the witness and ask him whether he has seen him before or not. i Mr. Owen With submission, I think not; the wit* ness has looked round the room and failed to recognisf in the prisoner the David Samuel who he says Lewis Williams. Mr. Parry Would you know the man If you saw him ? Witness It is so l >ng ago that I ?i.m not sure 1 should know him. Mr. Parry Look round can you see him ? Witness No, I cannot. Mr. Parry: Very well; did you see leaac strike David ? Witness No" I did not. Lewis Williams went to, wai cls David, as if to strike him. I saw no knife, but David turned round and struck him. The corp-e ",ai, f taken to W aunhir. I saw the neck of the deceased. It was cut. I do not remember anything about the c-ollst or necktie. The cat was as if made by a knife. I had known Lewis Williams for years, and he was-in good health lIe was about 20 years of age. Mr. Lloyd Price Have you seen the prisoner befOre this day ? Mr. Owen I must again object. Mr. Lloyd Price Don't interrupt me. Sir J. Hamilton Certainly not, for the question IS proper one. Dr. Lawrence I must also object to the question, føt I do not think the prisuner should be pointed out to the • witness as David Samuel, and that he should then b* asked whether he knows him or not. | Mr. Owen: Then, the Bench, with the exception f Dr. Lawrence, say I have no right to object ? Sir J. Hamilton Yoitha<ve a right to object, but your objection is overruled. Mr. Owen I hope the Clerk will take a note of, My objection. I Mr. Price: Look at the prisoner, and tell m.a -havr you ever seen him before ? f Witness (with his eyetl fix.e-d on the prisoner) Ne j. do not remember ever having seen him in any plac* before. Mr. Price Are you acquainted with the two who sit near Mr Oiven, and who are represented, to b* the prisoner's friends ? Mr. Owen I do not understand the question. f r." ^r^ce But I do, knowing the facts of the CAFCB; „ J \» ltness: I do not know cither of them. f Mr. Parry: You had a conversation with me in Of office yesterday evening? Mr. Owen I must object to that which cannot undet j any ciicumstances be evident. Mr Pany Did you not tell me Mr. Owen: Are you going to cross-examine yourjof* witness ? i I Mr. Parry: An unwilling, a reluctant witness. I asic, did you not tell me thatDavLd Samuel was a short,, stOttt man, with a broad face, marked with small pox ? ¡ Mr. Owen: It is thirty-three years since the witaeS* saw David Samuel, who was hen on1y nineteen years "ld. Witness Yes; I did say so. Mr. Parry Describe David Samuel to the magistrates* Witness: To the best of my recollection, the- younl ( man David Samuel, to whom 1 have referred, was-rathtl short, stout, broad-faced, and marked with the small-po** John Jones examined: I am a gardener, and reside j at Henllys Lodge, Llandingat. I lived with Mr. Le1 Thomas, of Blaendynfich. I do not know how long. I am now 51 years of age, and was then 17 or 1&. L te- member John Prica, .the last witness, calling meup 010 night from bed when..L was at Blaendynfich. In conse- quence of what he told me I went into the opening oi* field close by. I saw some persons there. One Lewis Williams, who was- killed. Another was naluej Isaac. I do not. remember his surname. The othet ¡ person we called. David Samuel, living as a jCi Van1^ Llettyevanddu. Tasked them what they were abo^' and what was t.e noise. David Samuel answered tbef had beaten him, or wanted to beat him I do not r6' memeber whi-sh. A challenge passed between theØ1' Isaac said to David lie would try him again. ^Tliey 8P proached each other,, and I have some recollection thf Isaac said, Q God, he has a knife in hi3 hand." did not see the knife. Isaac turned his bsxk and Went off. I did rjat see hira struck, but I saw a cut on hi back soon afterwards. Lewis Williams said nothipg, | but ran aft»r-David, and was going to lay hold of hin1' I cannot say, that he touched him, as it wae rather datS- David turned round and struck Lewis Williams on the neck. We heard the blood flowing from him as from 5 teakettle. It was too dark to see it. John Price and went for Mr. Lewis Thomas, of Blaendynfich. Hedidn0 f come at once, and we went for Mr. Lewis, LIHtyevallê ddu. I and otheis returned to the field in the course 0 half or three quarters of an hour. When I left the fiel11 to call Mr. Thomas, David Samuel and Lewis Williaro were there alone. Lewis Williams was there alone when I returned. He was then dead. The corpse taken to Waunhir, and I saw a cut on the neck it wl's r the left side and I thought it was,made by a knife, as a knife had been spoken of. I noticed deceased's clotheS, and saw a cut through the collar of the coat and wais' coat, opposite the cut on the neck. The clothes covered with blood. I knew Lewis Williams for a ye^1 before this occurrence, and he appeared a healthy ma"* f This happened in the beginning of August, 182-5 1826. I think it was in 18J5. I do not remember the day of the month. I had known David Samuel fromtb November preceding. H.eli-*ed three fielus breadth fr° me. I am not sure of his. age, ut I think he was 19 to 20 years of age. I have not seen him since. H was short, and stout about the hips and thick about tb It gs. I cannot describe his lace. Mr. Parry TDo you kuow him ? Witness No, I do not Mr. Parry: Do you see any one in the room like hirt1* 1 Witness (closely inspecting every one present) • do not notice any person here resembling him. -Ir. Parry You cannot ? itness It is so long since. Avitiless It is so long since. Mr Parry What is become of Isaac ? Witness I have not seen him for ma.ny years. Lewis Thomas, Mr. Lewis, Llettywanddu, Mr. Williati13' the surgeon, of Llandovery, and Mr. Price, the coione*' are all dead. Mr. Price Look at the piisoner, and tell me do J° know him ? [ Witness (after looking for several seconds in the pr i soner's face) No, I do not. Mr. Price: Perhaps you cannot see him proper where he stands let the prisoner come out to the | The prisoner was then placed fronting the windo" with a glare of light on his face, and looking into the eyes of the witness, confronted him resolutely without faltering or betraying the slightest change 0 countenance. « Mr. Price Now that you see him fully, do you kno the prisoner ? Witness: No, I do not; he is a perfect stranger toless Mr. Parry: lhis is a very serious charge—no Ie Of than that of murder perpetrated thirty-three years ag and it must be obvious that the evidence'cannot be co pleted at once. We have gone so far as to prove t a murder was committed on the 6th of August, 1825, a person of the name of David Samuel; and the tion now is, whether the prisoner, who has assU"1^ another name, is the man. I have not yet been prove that, but I have reason to believe that he I identified by witnesses who w?f? W 0 t