The Carmarthen Weekly Reporter

Joint POlloties Assizes. TRIAbi OF PRISONERS AT CARMAR- THEN. The winter assize for county No 6, which comprises the counties of Carmarthen, Car- digan and Pembroke, were opened at. the Shire Hall. Carmarthen, on Monday, before Mr Justice Bucknill, knight, His lordship journeyed from Chester on Saturday after- noon, arriving at Carmarthen by the 0 p.m train, and wm met at the station by the High Sheriff (Mr J Morgan Davies, Frond vale), his chaplain (the Rev D Davies, Canton Vicarage Cardiff), the undershiff (Mr D E Stephens, solicitor, Carmarthen), and the deputy under sheriff (Mr James John, solicitor, Carmar- then). The Judge immediately entered the carriage, which was in wairing, and headed by an escort or, the county police, in charge of Superintendent Evans, Llardiln proceeded to his lodgings, Rank House, Spilman-street. On Sunday niornirg, his lordship attended Divine service at St Peter's Church, in state. In addition to the High Sheriff, other officials and the posse of police, the Judge was I -tiaii accompauied by the Mayor (Alderman E Colby Evans), in robes, aldermen, and councillors of the Corporation. The Rev D Davies (Sheriff's chaplain), preached the sermon. ASSIZE BUSINESS. At quarter past eleven on Monday morn- ing, his lordship attended at. the Shire Hall, and opened the commission. The Judge was supported by the High Sheriff, Court officials the Mayor (Alderman E Colby Evans), and the High Sheriff of Carmarthen (Alderman W Spnrrell. GRAND JURY. The following magistrates were sworn on the Grand Jury:-Sir James Drummond, Bart., Edwinsford (foreman) Sir Courtenay C Mausel, Bart., Maesycrugiau Dr J H Lawrence, Narberth Mr C W Mansel Lewis Stradey Park Mr J L Thomas, Cacglas Mr J B Phillips, Llanelly Mr T Parkinson, Castle Pisjyn Dr Howell Uees, Glangarnant Mr W C Bowen, Llanelly JIr D Lewis Jones Derlwyn Mr L N Powell. C'arregcennen Mr J Ll. Thomas, Gilfach Mr C Frood vale Davies, Spilman-street. Carmarthen Mr Joseph Joseph, Llangennech Dr F G Southern, Llandebie and Mr Daniel Williams. THE CHARGE. His lordship in delivering the charge to the Grand Jury said that they mignfc recol- lect- he would never forget it- that the last occasion he was there he was able to announce to those in Court a great event from the front. He was reminded that that old court rang with cheers when he made the announce ment, and he could not help recollecting with how much sympathy they had heard the few words addressed to them by General Sir James Hills-Johnes, who was not only a friend of Lord Roberts, but was the god- father of his only son as he told them. He hoped Sir James was in good health,although lie did not see him. That was a great event in the history of the war (the capture of Cronje) in the opinion of all of them. That war, happily, was now concluded, and. they looked forward to great things for the country. They hoped there would be peace between the two belligerents for ever, and not only between the late belligerents, but all other persons who chose to go there. Their duties that day were very light. A case might come before them under the Vexatious Indictment Act, but as they were experienced gentlemen, he would leave them to deal with it. It was a case of alleged perjury. The accused person was not convicted of the charge brought against him before the magis- traes, who were divided equally in opinion. He (his lordship) said nothing against the prose- cution. The person who preferred the charge was perfectly honest in what he did, but he was sure they would all know that it was easy to bring a charge of perjury, although it was very often difficult to convict. So much depended on the evidence and class of person brought befoie them whether they found a true bill or not. UNLAWFUL WOUNDING. Benjamin Thomas, labourer, Manordeifi, surrendered to his bail to answer a charge of maliciously woundiug William David James, labourer, Manordeifi, with intent to do him grievous bodily harm on the 17th of July last at Cilgerran. Prisoner pleaded Not guilty." Mr Arthur Lewis prosecuted, and Mr J 1 Lloyd Morgan, M.P defended. William David James (22), labourer, I Manordeifi, said on the 17th Ju'.y last he was at the Mason's Arms Inn, Cilgerran, about 9.45 p.m. He saw there the prisoner, who asked him for a blue of beer. He gave it him. When he went outside ho (prisoner) and some other men sat down on the hedge. Prisoner asked him for a bottle of beer but witness refused. Prisoner then struck him with his fist, and he returned the blow. Witness saw a knife in prisoner's hand, and told him if he would shut it be would send him home. But instead of doing that he stabbed him in the band with it. Witness then went away, and prisoner followed him and wanted him to fight. He asked prisoner again to shut the knife, and he heard a noise like a knife shutting. Afterwards prisoner stabbed him just inside the thigh of the right leg. He did not remember what hippened afterwards.— Cross-examined He had been haymaking in the afternoon and had some beer. William Griffiths, farm labourer, Manordeifi, said he was at the Masons' Arms when the last witness treated the prisoner. „ Mr J. Lloyd Morgan stated that it the prosecution would accept a plea of guilty of unlawful wounding, he would plead guilty. The Judge—That is a very correct course. Mr Arthur Lewis said he would accept such a ^The Judge—Very good. Then addressing the prisoner, through the W elsh interpreter, his Lordship said—I have read the deposi- tions very carefully, and I am sure you are ridht in pleading guilty to unlawful wounding. I think there was a good deal of aggravation given you, and you certainly n 11 ought not to have used the knife. That was not justifiable. But I know nothing against you. You appear to be a young man of good character, and if you promise me you will not use the knife again I will not send you to prison. (Prisoner No, my lord. I will not). Of course, I don't mean to say you are not to aise it in self-defence, but you must not use it on occasions like this. Then I will let you on your own recognisances ot £ 5, but 1 want you to listen to me for a moment. It means that if you behave yourself in the future you will hear no more of this but if, on the contrary, you use a knife again and aje brought up before the magistrates or before any other proper authority, you can be punished for this as well as for that—and punished you certainly will be. Now go awav, and don't do it again. C, INDECENT OFFENCE. John Davies, & carpenter, married, with iwo children, living at Llanfraith, Conwil, ^as indicted for committing an indecent offence on Jane James, 20 years of age, a servant at Gorlhvyn, Penboyr, on the 13th A Mr J.L^oyd Morgan, M.P. (instructed by Air W J Williams, solicitor, Cardigan), pro- secuted, and Mr S. T. Evans, K.C., M.P. (instructed by Mr D T George, solicitor, Newcastle-Emlyn) defended. One of the witnesses, Daniel James, of Gorllwyn, in rross-examination, said he could not read Welsh although be had attended Sunday School Questioned about signing an apology he admitted having signed some- thing before Mr White, solicitor, Cairflarthen. but he did not know what it was. Mr S. T. Evans Remember you are on your oath, and if you are not careful you will find yourself there (pointing to the dock). The Judge If he has sworn that he does not know what lie signed, and it turns up that he <icps know, I shall commit him for wilful oerju-ry the document is matenal to this enquiry. The case having been gone into at great length, vhe judge, addressing a fellow-servant of the girl, said "Your countrymen are famous for their courage. Don't you bring I them into disrepute. If you believed that this man (the prisoner) had done what you say to this girl, as a man you ought to have gone after him, and tackled him. Stand down." Later on his Lordship said that he did not see how the jury could convict on such evidence as had been adduced. The jury agreed, and returned a verdict of Not Guilty." The Judge This is one of those cases very easily made, but very difficult to defend. There was a reasonable doubt there, and had the case gone to the finish, it would have been the duty of the jury, under his direction, to acquit the prisoner. ALLEGED CRIMINAL ASSAULT NEAR TEN BY. Evan Davies, Arthur Boyatt, and Joseph Nesbitt, three young labourers from Tenby, were indicted for committing an indecent offence on Elizabeth Anne Lewis, a servant at Big Wedlock farm, neat Tenby, on the igth May last.—Mr Arthur Lewis prosecuted, and Mr J. Lloyd Morgan, M.P., defended. After the prosecutrix (who was a single woman and had given birth to three children) had given evidence, the Judge stopped the case, and directed the jury to return a verdict of Not Guilty," and discharged the prisoners, whose conduct he characterised as very foolish." The court then adjourned to 10.30 o'clock next day. SECOND DAY. The Assizes were resumed 011 Tuesday at 10.30 a.m. STABBING AFFRAY AT MILFORD. Henry Rich, fisherman, Milford, was charged with maliciously assaulting a man Darned Bertie War low, a haulier, with intent to disable him. Mr Arthur Lewis, proseouted. Mr Marly Sampson defended. Bertie Warlow said I live at Milford Haven. I am engaged by my father as a haulier. On the 31st July, I wns engaged between 7 and 8 p.m. removing furniture for a man named Britten from a house in Rofcertrstreet. Prisoner lives next door I remember putting a !wwing machine in the cart. He said the sewing machine was not packed. I said, All right, Boh He said he would show me in a minute. Ha jumped at me, and tried to gflff (pull) n.e off the cart. He failed to reach W2. One of the ch;ips called me down to put a box off the cart. Rich had pone back to his door- step. The furniture was lying on the pavement. He shoved me back on top of the furditure. My brother came up, and .pulled Rich off me. Rich pulled me down again, and got on top of me on the ground. My brother came to the rescue again, snd pulled Rich off. I got back into the again. Rich was then on the ground. He went into his house. I went on packing lur/utute. The ntxt thing I saw he had a knife, and I felt a 8ting :in the side. The next thing I saw was tli.tt he was shutting up hia knife, and putting it in his pocket. My brother I took me home. Rich followed me, saying some- thing. Cross-examined It is not true that I jumped down from the cart, and tried to fight Rich. My brother did not knock Rich.down. He fell down. I did not hear Mrs Britteu say that ho was under tlif- horse's feel I did not hear my brother say, What the is the odds r" Henry Whariow, the brother of the previous witness, gave corroborative evidence. He hoard his brother call out, I'm stabbed." He opened his brother's waistcoat, and found the shirt all covered with blood. Cross-examined Rich fell down. because the two were scuffling tugether. Rich's face was covered with blood. Arthur Alfred Britten said it was his furniture was being removed, and he had engaged Bertie Wharlow to do it. He corroborated the evidence previously given. The blade of the knife was as long as witness's middle finger. Mrs Britten gave similar evidence. She said that Rich had ftn 41 awful eye when he got up out of the gutter. Afred 'Va"by said he remembered lending the knife (produced) to the defendant some time before the date in question. Dr Oriffiths, Milford, said that the injured man had a puntnred wound on the right side above the groin. The cuts on the clothes corresponded with the wound. The cut was l^ins. long, and the bowels protruded, the man's life was in danger for some time. Cross-examined I am chairman of the Milford Petty Sessions. I don't believe the defendant has cmr appeared before us. I P.G Nicholas gave evidence of arrest. Rich said that he hud been thrashed vnmercifullv. I P.S Bryn said that defendant Bait5, I was double-bagged I defended myself You would have done the same Double-bagged is a term at Milford for two upon one. The knife was found by the relatives in the defendant's house on the 5th óf August. Defendant's wife handed it to him. This was the evidence for the prosecution. Chsrlts Pugh, 2. Robert-street, Milford, a steam trawler cook, sftial I remember the evening of 31st July I was coming home at 7 p.m. As I was coming round the corner, I heard Harry Wailow say to his brother, Bertie take no notice stay in the cart." Bertie did not take that advice. He got out of the cart. His brother made him get into the cart again. He got out again, and there was a fight. Rich was knocked down by one of them. He was in the gutter near the horse's feet. Next I saw all three go near Richards' house. One of the Warlows had a chair in his hand. He was in a striking attitude. He brought the chair down whether he hit anybody or not I don't kcow. Cross-examined by Mr. Arthur Lewis I saw the three about ten yards from the cart. The two Warlows were in front, and Rich behind. Tie Judge said that prisoner was before the magistrates on the 28th August. When was the witness first spoken to about the case. Witness Last Thursday week. George Marshall, a bootmaker, said on the I evening in question he saw Mr. Rich lying underneath the horse. He did not see the two Warlows there. He saw them before Rich got up. Rich staggered to his feet, and then went into his house. Witness thought the low over, and went back to the National School yard. He heard the row on again, and came back. He saw then a man in the cart with a chair in his hand in a attitude of striking. The next minute the man was nut of the cart, and round the corner. The next thing he saw was Rich lying on the ground, and the elder of the two brothers star.ding over him, as if he had knocked him down. He could not say which it was that was using the chair. Cross-examined I did not give evidence before the magistrates. I was not asked to give evidence then. Mr Sampson argued that the conviction ought to be one for wounding without intent, and not for the greater offence. The Jury found defendant guilty of wounding with intent. The Judge said that the verdict was a very proper one. Mr. Itust secretary of the Fisherman's Protection Society, gave defendant an excellent character. Defendant held a mato's and a skipper certificate, j Mr. Peter IbbersoD, a skipper, gave similar I evidence. I Mr Marly Sampson said that the defendant had been on a voyage on aisu-am trawler, and had given way to drink. He was 33 years of age, and had a wife and child. He had given way to drink. The Judge said that the temptation to get drunk was no doubt great to those returned from sea but drink was no excuse at all. People in this country were never satisfied to welcome their friends, except they sent them home drunk. That was no kindness at all it was the worst thing they could I do. In this case the sentence would have eighteen months' hard labour—a terrible sentence—but for the circumstances. Wnen a man learned to use the knife when he wr.s drunk, he sometimes met with the gallows at the end of his life. The Judge said that he believed the man had been double bagged," as he called it, but he ought to have gone into his houee, a;id taken out a eummor.s next day if he liked. He was quite preparpd to believe also that the defendant wan of good character. Having regard to the circumstances, tho sentence would be eix moutha' imprisonmnent with hard labour. ALLEGED PERJURY AT LLANDILO, David Samuel "Williams, Cwmllynfell Cottage, Cwmtwrch, was charged with wilful and corrupt perjury. Mr Arthur Lewis (instructed by Mr J W Bishop), prooacuted and Mr Lloyd Morgan, M.P. (instructed by Mr T G .Wi!Ha:i.&) defended). It waa allfged that ihr defendant "ho gave evi- dence in n public-bouse crsse at Llandilo on the 23d Augajst ha cciEiauUd peijuey. The proceedings wf-re t:.k01 ur¡d.sx the Yixstii^B Indictments Act. Ci ?r!cp Frederick Tomykin^, » clerk in the employment oi Mr Lewis Bishop, clerk to the Llau clilo j uhticfs, gtve OTmld evidence. fhosats I ftaroiu-1 was charged on the 22rd August with being drvi'.ik ar.d refuirii.g so quit, the Btrri);gton Arm i. The present dcii'iuisju W'1 sworu 9s a witness by Mr liishop. CrcFS-c-sEmined by Mr Lloyd Morgan The case was dittcitscd. 'Ihe case against the defendant for perjury WBB dietnisbed. j P.C Thomas Davies said that he heard the defen- dant give his evidence. Defendant said that he went into the Berrington Arn3s, Cwmtwrch, on the night o? the 4th August from 8 p.m to 8.15 p.m. IIp. aid he remained there until about 9 p.m. He said he "aw Henry Nicholas, and Thomas Samuel enter the house. He said that Samuel called for two glasses of beer, and they were served by Miss Mary Ann Thomas. He said he saw a row taking place between David John Williams and Thomas Samuel. He said that the row was in the kitchen. He said that Samuel and Williams left afterwards. Cross-examined by Mr Lloyd Morgan I do not remember how many cases were heard this day. I remember the details of this case because I was interested in it. I worked up the case for the superintendent I was not angry because the magistrates dismissed the case. The 4th August WI1 Bank Holiday and MaboE's Day. a general holidav with the colliers. I started to work up the j c;e of perjury on the 2;)h of August—three weeks after the events. I had no great difficulty in bring ing the minds of the parties back to the events. I saw them all on the 25th and 26th. I saw William Lewis. He isnothfre to day. Lewis told me that the deieniisnt. was not tnere, wnue ne was. 1 heard ot the roky. becaufe I called into the house accidentally on my beat. Rachel ThomaR. the landlady of the Berrington Arms, said On Bank Holiday there was ia row in my house between T Samuel and D Williams. The case against T Samuel was heard at Liandilo on the 23rd August. I heard }he defendant say that that evening he was in my house from 8 until 9 p.m. He said he called .for ttVO glasses of beer, I and that Mary Ann Thomas served him. I was at home that day, The row took place in the kitchen I wss there. I have known David Samuel Williams since he was a baby. He ;was not in the kichen, when I went immediately before or after the row. He was only five minuter in my house that night. Wiiliams was not there at all. Cross-examined by Mr Lloyd Morgan My daughter Kates was at homo that evening. She was playing the piano. I had a quarrel with T Samuel about an account. He only came once in eight years to my house. I did not tell him, Get out you blackguard you have been here only once in eight years," The other men call sometimes. One of them, Richard Evans, is my son-in-law. He had dinner with me on Bank-Holiday. He had been to his dinner, and had bepr afterwards. There were four people in one room, four in the other and twelve in the kitchen. The Judge I don't suppose anybody thinks you are coming here to mislead us. But do you remem- ber how many people there were in your house last Sunday night. Mr Arthur Lewis: None, I hope, my lord. The Judge: I beg your pardon you have a Sunday Closing Act here. You are better off than llfl. Ifaac Francis gave similar evidence. He spoke in Welsh. Cross-examined I do not understand English. Defendant gave his evidence in English at Liandilo. I understood what he said I don't know enough English to talk it. I was sober then. I was not &s hober as I am to-day I had drunk some beer that day 1 have r.ot drunk any to-day. David John Williams: Insurance agent, gave corroborative evidence. He had a row with T. Samuel in the Berrington Arms on the 4th, about his dismissal from the Male Voice Party. He never saw prisoner there. If prisoner had besn there, he would have seen him. Mr Lloyd Morgan That would depend on the condition you were in. Witness said that he was quite as sober then as now Mr Lloyd Morgan Didn't you see prisoner that evening at the Berrington Arms, and gave him this prospectus of the Wesleyan and General Pro- vident Society ? Witness said not. He gave the prisoner that at Gwys station. Further cross-examined I had left the choir then I have gone back to them since.. I know the defendant. He is a very nice little fellow. Richard Evans said that he had his dinner at the house. He had no drink to dinner. He had a pint after dinner.—In answer to further questions witness said that he did not remember whether he had any drink to dinner or not. He did not see Mr Stephenson, a mining engineer, there. He left at 2.30 p.m. after dinner, and came back at 7.30 p.m. Thomas Freeman, collier, said he was prepared to swear that the defendant was not in the kitchen Griffith Moses Rees, a fitter, gave similar evidence. I P.C Thomas Davies said that John Jenkins, a witness who had been bound over to appear, had died since the magisterial hearing. The minutes of the evidence given by the deceased was then read. Defendant was then sworn. He said: I am a collier, living at Cwmllynfell. On the 4th August. I was at the Mountain Air in the morning. I was there from 11 a'm to 4.30 p,m. I was helping to make a shed. I went down to Ystalfera then. I was there on business. Then I came back and went to the Berrington Arms. I met David Lewis on my way there. He is ill he cannot attend to-day. I passed John Jenkins also there. I passed Thomas John Thomas, the blacksmith, about ) 100 yards from the house. I went in by myself. I went in about 8 p.m. I sat first on a form. I had a bottle of beer. The daughter of the house served me I didn't know her name then. [ went to sit by David John Williams. He asked me to insure my life. I had another bottle of beer. T Samuel and Nicholas then came in. Witness and Samuel began to talk about the Male Voice Party. Samuel was on the committee and Williams had been dis- missed for bad attendance. They had a noisy talk about it than. Williams then struck Samual Samuel defeuded himself. Riohard Evans, the son in law of Mrs Thomas, struck Tom Samuel Samuel had now to do with the two. The Judge He was 'double-backed laughter). Defendant Moses Rees then hit Samuel. Mrs Thomas then came in, and said to Samuel. Clear out, you nlackguard, you are not a customer of this house, you have not been here this last eight years. Samuel then left. Richard Evani interfered in the quarrel. Thomas Samuel and Henry Nicholas, gave similar evidence, After a short comultation the jury intimated that they thought the prisoner was Not guilty." THE JUDGE AND THE CHIEF CONSTABLE. The Judge Thank you, gentlemen, I quite agree. I am really astonifehed that this prosecution has taken place. I do not mean to say that it has not been done in petfectly good faith, but I am surprised that this man has been brought here to be tried in a matter which seems to me at all events to be extremely doubtful, and which has already been dismissed by a bench of magistrates. I have certain power& under the Vexatious Indictments Act, and I don't know that there is any application to be made to me. Mr. Lloyd Morgan it is a most extraordinary action for a public official to take, seeing that the matter had already been thrashed out. I would ask your Lordship to make an order for costs in favour of defendant. The Judge I have power to make an order as to ccts. but I want to know first of all how it has come to pass that the chief of the police should have taken upon himself to proceed further with the case, knowing full well that if he did so there was a possible penalty hanging over his head of having to pay personally for the prosecution. I do not like to see the police, who are most excellent men in their way, and whom we cannot do without, moving in this way unless tnere is a very good reason for it, aud I must be satisfied that the reason was a good one before I make an ordar as to cost. Mr. Arthur Lewis said that the ju&ticea at Llandilo were equally divided on the point, two being on each side, and two of the justices having expressed an opinion that there was a prima facie catse to answer the Chief Constable was justified in taking these proceedings. The Judge But surely, Mr. Lewis, is it to be said that in every case where the Chief Constable finds the Bench divided that he should choose to have a eating vote and proceed under theVexatious Indictments Act ? Mr. Lewis Oh no but having regard to the two opinions expressed by the two justicee- The Judge Yes, yes but peradventnre the two on the other side might have made an equally solid expression of opinion if the wished. If a bench of magietratea are equally divided as a bench of judges may be and one ot the magistrates said to the chief constable afterwards that be thought the man should be sent for trial, and if the chicf constable thereupon presumed to take the responsibility upon himself, without knowing or ascertaining what the other side of the beneh would have eaid, then he was taking upon himself a very great responsibility which could not be looked upon except in a very serious way. Mr. Lloyd Morgan But, my Lord, I am instructed that there was nothing said in court at all about there bsing a prima facie case to answer, and that nothing publicly wag intimated except the bench was equally divided. I Mr. Arthur Lewis But I am told by the •gentleman who conducted the prosecution that th c chairman of the bench of magistrates said, W think there is a very strong prima facie case to answer." Mr. Lloyd Morgan There is a direct question of conflict here. I am instructed that one of the magistrates did say there was a prima facie case, but that was before the defendant was put into the box, which makes my point all the stronger, and there was nothing said afterwards. The Judge said that he would net mind if cou:i"e,l addressed him on the matter at another COUlt in ihe circuit. What he wanted to say was that he krew of no case that went so far es to say that a chief constable WES entitled—acting on his awn individual unassisted opinion-to proceed under thoVexatic-u.-i Indictments Act where a bench j had dismissed the case, and where, ns in the yr<;bont iDstance, they were equally divided. I £ the chief constable had taken advice before acting as he did, he (thejudge) ought to know what advice it was. In any case, he now found himself in the position of an unfortunate litigant, and was liable to be called upon to pay the reasonable costs in the case, the reasonable costs of the man who had been put in peril and to expensa ann brought before a criminal court. He must have something to justify the chief constable's action before he could alter his opinion as to the order he-should make in regard to costs. He would give every opportunity to the chief constable to appear before him in person or by affidavit to try and show that he had acted wisely. He did not suppose for a moment that the chief constable had acted in a temper, but a police official-and. indeed, every man—must know that if a person was brought before justices of the peace and the Bench refused to convict he would be undertaking a grave responsibility by putting the criminal law in force further. The chief constable might make an affidavit, and the person who instructed Mr Lloyd Morgan might do I the same. His Lordship was quite prepared to take evidence on onth or by affidavit to prevent him from making an order that the defendant I should be paid all the costs he had been put to. Mr Lloyd Morgan, suggested that the Judge should hear counsel at Swansea. The Judge At Swansea, London, or wherever you like. Mr Arthur Lewis: Oh, let it be Swansea, my Lord. The Judge Very -Nell. Defendant was then acquitted. This concluded the business of the Assize.