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BRYNMAWR. PETTY SESSIONS, WEDNESDAY, MAT 21, before J. JATNE, Ebq. AFFILIATION.—Mr George A. Jones, solicitor, Aber gavenny, applied, on behalf of James Whale, who was about three months ago summoned by M a,y Joues for the maintenance of her illegitimate civ id, and ordered to pay 2s. per week, to request that df-f, tidatit. who had been arrested for the non-payment of arrears and expenses, be discharged, contending that defendant could complain of false imp isonmei.t.—Mr Jayne Ob, no.—The Clerk said that the defendant accepted the ordfr through the agency of his solicitor.-Mi- Jones The defendant says he never had an attorney here at all-Mr Jayne I think Mr Evans was here. -Mr Jones I think it is usual to serve the order upon the defendant irrespective of the attorney. ) he law requires that the order shall be served upon the defendant.—The Clerk If he employs an attorney he must be bound by him.—Mr Jones A service upon the attorney won't do. It is not a civil action it is a case of a criminal nature.—Mr Jayne Oh, no, it is a legal question as to the man's liability to pay; he is arrested for non-payment of money you can't call it a civil action. -The Clerk Clearly it is.—Mr Jayne: It is an appeal to the law as a matter of equity between the man and the woman an^ order for 2s per week is made, and the man agrees to that arrangement by his attorney we settled the matter accordingly.—Mr Jones I say, whether he has an attorney or not the law requires notice of the order to be served upon the defendant.—Mr Jayne That would be all very well; if it is the fault of the attorney-if the attorney does not execute his duty fully, and faithfully, he can't Burely come to the court and complain of that neglect of duty on the part of his attorney.—Mr Jones: I say, again, the service on the attorney is not sufficient.— Mr Jayne Upon whom then must it be served ?—Mr Jones It must be served upon the defendant person- ally it never has come to his knowledge he is entitled to a habeas corpus 10 have him out of prison. —The Clerk Oh vry well then, Y08 can resort to that.—Mr Jones: You say he is legally in custody ?— The Clerk Clearly.—Mr Jones Defendant is pre- pared to pay the money, but not the cos's of his arrears.—Mr Jayne I should be sorry that any harsh or irregular proceeding should prevail as against the defendant.—Mr Jayne asked how the process was served.—The Clerk said the order was served on the attorney, and a note duly made of such service.—Mr Jones: But if the defendant says the act is against his will f-Mr Jayne: If the defendant denies he em. ployed the attorney he is culpable for not attending in answer to the summons, and we can punish him for contempt of court.—Mr Jones We don't dispute that Mr Evans was employed.—Mr Evans here appeared, and said that defendant bad omitted to pay him, which was worse (laughter). He then alleged that he bad been employed on behalf of the defendant. to admit the paternity, and bad received the order. He urged that the case was exactly the same as an attorney accepting service of a writ; his client was bound by it.—Mr Jones: If Mr Davies says he is legally arrested I have done arguing the point.—Mr Evans I shan't argue it any more I ain't paid for it (laughter).- I hope you will get your money, Mr Jones (laughter); take care of your money.—Mr Jayne Unless you can show there is some special clause excluding attorneys from this, we must refuse to grant the release.—Mr Evans I think if you will rtfer to the form of order, you will find that the defendant having appeared either personally or by his attorney, and having admitted it, he is liable. Swear me, and I will swear to those facts that will settle the case at once.—Mr Jones: Will you swear the law will allow you to be served with the order?—Mr Evans Cer- tainly.—Mr Jones Nonsense !-A little more discus- sion ensued on this point, and the Bench decided that defendant was legally detained the expenses of course consequent on such detention defendant weuld have to pay. RIDING WITHOUT REINS. William Vaughan pleadec1 guilty to an offence of this nature. Defendant is a waggoner, in the employment of C. Bail y, Esq Ordered to pay the cosrs. Thomas Coburn was sum- moned by P.C Bryant for a similar offence, committed on the 8th May. Defendant pleaded guilty, and was ordered to pay the cost. Isaac Huqhes, charged with a similar offence on the 18th instant, was ordered to pay 5s costs CHARGE AGAINST A BREWER'S TRAV ELLER.- Thomas Davies, traveller for Mr Giles, brewer, Merthyr, was charged with having been drunk and disorderly, on the 7th instatit.-P.C Cole deposed On Tuesday, the 7th instant, I saw the defendant standing with hit horse on the pavement, anent the pub ic-house named Mount Pleasant; I asked him to stand off the pave. ment with his horse, as no one could pass him he used a great oath, and said, Do you think I am going to be ordered off the pavement for a policeman I told him it was my duty to do so, and then I asked him his name he said his name was Thomas Davies, of Merth3 r I then came down to the station, and he rode after me cursing and swearing, and keeping a great noise, and then the sergeant came to the door and I told him how this man had insulted met the defendant then rode back to Mount Pleasant; he Was druuk.-P.S Joseph deposed I recollect that on Tuesday, the 7th instant, when I saw the defendant, Mr Thomas Davies, opposite the station or nearly so, on horseback, he kept a great noise, and was apparently very drunk; had he not gone away at the time, I should have taken steps to have had him apprehended I have summoned the land- lord of "Mount Pleasant" for permitting drunken- ness, having supplied the defendant with spirits when in a drunken state Mr Plew addressed the Bench at great length on behalf of the prisoner, and called Eliza- beth Avt ry who stated that the defendant was quite capable of taking care of his horse and himself, and was not drunk She did not think that the horses feet were on the pavement a minute-Gwilliam Williams who lived opposite the Mount Pleasant, stated that she saw the defendant knock at the door with his cane, and his horse was not many moments on the pavement; thought defendant was not drunk had known him a great number of years—A charge was preferred against the same defendant for obstructing the pavement by placing his horse across the same —Mr Jayne saii be did not attach much importance to that case, and proposed going into a charge that was brought against John Jones, the landlord of the Mount Pleasant Inn, and then leave his decision upon that in the latter case The wording of the ou-nmons against Jones was erroneous, therefore the case could not be gone inio, and the decision in Davies' case was already adjourned STEALING A DOG-Joseph Probert and William Evans were charged by John Shea, with ha. ing stolen a doe, on the 6th of April The parties retired from the court and tried to settle, but failed Mr Plews appeared for the defendant, Probert The case waa adjoured for a fortnight THE EXTRAORDINARY LIBEL CASE. COMMITTAL OF THE PRISONER. Ann Mapstone was charged with having libelled Henry Trivet and his wife, at Brynmawr, on the 24th of April. The case was adjourned from last court day avowedly for the purpose of ascertaining whether or not a communication made before a private society was privileged, but de facto,. in order to give the parties concerned an opportunity of amicably sf-ttling the case. The Bench strongly recommended them to do so, but, notwithstanding this recommendation, the Matter was again brought lorward. The court, as before, was densely crowded, the peculiar nature of the case having created intense excitement in Brynmawr I and the immediate neighbourhood. On the casebeing called on, the excitement was at its height, and it was with some difficulty that the reporti-rs were enabled to hear the solicitors' opening remarks. Mr. Evans, the solicitor for the defence, stated that his client was willing to make an apology. They were invited to make the statements complained of to the minister of the church and having done so, the publi- cation, if any, was made by the minister of the church. He was quite willing to let everything drop. It was merely a case of clerical error, and Mr. Sidney Davies, the solicitor ^he proaecutioB, had represented the law on the subject to them quite correctly A Dubli cation to oi.e was a publication to all, and he did not dispute that. He also further admitted that defendant could not set up a justification. He would again submit to them that the communication was a privileged onp, hut if they had done anything wrong they were Perfectly willing to apologise. They had made the statement which they were perfectly in a position to prove. Mr. Evans then commenced to recapitulate the subject matter of the libel, as contained in tne deposition, and which we published in our last week's impression. Mr. Jayne remarked that, true or false, it was very bad. Mr. Davies Really, I have allowed Mr. Evans to go on uninterrupted with his statement up to now, r n JT he ought to be permitted to make a full address to the ifench before I have made my statement. Mr. Jayne: The only question is now, with whom does the difficulty of settling the matter rest ? Mr. Davies With Mr. fvans's elient. We simply require an apology and expenses. Mr. Evans And we refuse it. Mr. JayDe What portion do vou mf. ? Mr. Evans We w&l o„ly retr. "t, t °d that in the same way that the communication was made Mr. Jayne Before the church? Mr. Evans Before the church, and not otherwise Mr. Davies: If we succeed in establishing the chare™ against th« defendant, and defendant is sent for trill, the Judge has power, under the Act of Parliament, to sentence i ho- defendant to imprisonment. We are not doing anything unreasoi able in asking for the cost*, if admit of a compromise, I infer from wh,lt Mr. Evans has aid, if they are willing to retract, it is an admis- sion. in point of fact, of the libel. Mr. Javne Y- u are clear as to your having insti- tuted proceedings against he right party. Mr. Davies I am perfectly elear. I simply say that in point of law the n.inister who wrote down th. lihel is as guilty as the party who composed it hut we don't wish to include him in the inoieiment. We believe him to be a perfectly innocent party, and merely an instrument. The offensive statem-nt was volunteered, al.d taken down by the minister. Sh (the defendant) has been propagating that, slander f r a considerable timp against my client, and it is now when they have turned it into a libe-, and put it in writing, that we are enabled to prosecute her. Nir. Evans T think the best plan will be to go into the case. I will ask Mr. Davies to put in the libel and prove it. It has not been done as yet. As for any apology, we won't make it now. Mr. Jaytie Without goinl" into the case, of course I can't form any opinion as to the best plan for you to-day but on a look at the case as it stands now, I think paying the costs and settling it would be he wiser course for the defendant to adopt. I simply mention that as my idea. An abortive attempt at settlement was here made whpn Mr. Sidney Davies made his opening statement. He said I won't trouble your Worship with a long statement you seem to have the case fully in your recollection, but I have to make this observation,— that we have been perfectly willing to compromise the case, if there had been a reasonable retraction made,- sufficiently public-as public as the accusations made. The duty I have to perform is to show you that, wha: we complain of is in point of law a.lihel, and that that libel has been published. If I establish a prima facie case I shall ask your Worship to commit the defendant for trial at the Assizes at Brecon. I maintain that defendant cannot be allowed t > justify the libel, and that whether the communication be true or false it is a libel in the eye of the law, and so punishable by indictment. Your Worships will not have to enquire whether it is true or false, but we are prepared to show that they are utterly false. Mr. Evans To save trouble, I will consent to the case being sent for trial. Mr. Jayne remarked that he should like to be decided at starting whether or not it was a privilpet-d commu nicatiou. If it could not be regarded as such, it was a libel, and a very gross libel, in the eye of the law, Mr. Evans The gr,-at--r the truth the greater the libel you know, your Worship. This is abundantly true and more than true. Before the matter can go to another court, my friend must put this in and prove it. We had better ",0 on step by step. Henry Trivet, called and sworn, deposed I used to live in the Clydach Dingle I now reside on the top of Beaufort road, and am a miner. Mr. Davies having led his witness thus far, said Perhaps Mr. Evans will tell me why the defendant is not here I think the defendant ought, to Ite present in a case where she might be committed for trial. Mr. Evans: Perhaps your Worship will feel it your duty to issue a warrant; in a case of perjury it would be a different thing the defendant would be obliged to attend. Mr. Jayne Now suppose I have the painful duty of commirting her for trial she ought to be present. Mr. Evans I will undertake to produce her. I told her to keep away, and I don't know that I ought to divulge my object. Mr. Jayne Oh, don't do so, either, to gratify me. Mr. Evans I told her to stop away, that she ight have nothing to prejudice her case. She is almost within ear shot of the hall, and she will be here when- ever you require it. Mr. Jayne I should like her to he here. Mr. Davies It is an indictable offence she is charged with. Mr. Evans here explained that the reason he kept defendant out of the court was that her tongue wan rather difficult to keep within bounds. Mr. Jayne We will undertake-to keep her mouth shut. Mr. Evans You can't, sir. If you will undertake to keep h r tongue quiet all well and good. I won't (The woman, Mapstone, was sent for. and deposited in a ch tir, in one coner of the hall, where she could see and h,ar all. She was then told she must keep hI-I' "tips sealed," and the case A a- proceeded with.) Mr. Evans You must understand, it h out d no disrespect to the Bench, that I did not have the defendant here, I simply kept her out of the n ay because, you know, women will talk." (Lugh er ) Mr. Davies then said that the ,ect,oyi uiider which he brought the case was the 5th, in which were the words well knowing the same to be f .Ise." The 3rd sec tion dwelt with the matter more generally, and only mentioned the publish ng of certain defamatory libels. Mr. Jayne That is diminishing defendant's guilt. Mr. Evans drew the attention of the magistrates to the wording of the summons. It was th-re mentioned that "on the 24th day of April, the defendant did unlawfully and maliciously write and publish certain scandalous and defamatory libels of and concerning a certain person there named. This libel complained of, and which was to be put in by Mr. Davies, was not written at all by the defendant, or signed by her, or published by her. Mr. Davies You are answering the case. Mr. Evans I tike this objection in nemino. It was never written or published, or had anything in it false. There is the paper. It has not been shown that the woman made that mark on it ever. Mr. Davies: I have produced no evidence yet. I ask your Worship no to hear this. Mr. Jayne (to Mr. Evans) You have admitted that fact, have you not ? Mr. Evans Mr. Davies failed to prove it. Mr. Davies Your worship knew perfectly well I offered no evidence whatever. Mr. Evans The case was adjourned, and very properly too. It ought to have been dismiss d at once. There is no question about it. If you choose now to go ou with the case, go. Trivet continued I am a member of the Primitive Methodist Society, at Brynmawr the copy produced is a copy of the rules of the society. Mr. Evans Stop, what have rules of the society to do with it, and that rule about immorality-we are all guilty of immorality. Do you mean to say you are perfect, or that I am perfect, or that his worship is ? Put in the rules if you please, but do it formally. Mr. Davies I will ask your worship that I shall not be interrupted in this way. If I do arything that is wrong I am perfectly willing to be set right. Mr. Jayne: What is your objectiou ? Mr. Evans: He ought to pr )ve the rules. Mr. Davies I have proved them. Mr. Evans: Be good enough to put in the rule?, and do it formally. Mr. Jayne There is a rule here about cultivating brotherly love. They want to attend to that. Evans We were not met in that way we were met in the most vindictive spirit. Trivet resumed That paper was read to me by Richard Wall. Mr. Evans Before you go any farther will you allow me to interrupt. Was that paper in the same state as it is now when it was handed to you ?- Trivet: Yes, sir. Mr. Davies It is signed with the mark of Ann Mapstone. Mr. Evans: You have no evidence in the world to that. You did not see it done. I want you to have strict proof of everything. I rivet resumed This paper was purported to be signed by Ann Mapstone; it was brought to me on the 25th of April. & Evans Now, if you have no objection, I should like to look at that paper again* I will not mutilate it. (The paper was handed to Mr. Evans by Mr. Davies for the fouith time.) Trivet continued It was brought to me, and I was told that if I did not disprove what was there written [ should be excluded. Mr. Evans: Now, Trivet— Mr. Davies: Stay, I haven't done )et. Mr. Evans: Just finish him up then. Mr. Davies then wish, d the subj ct matter of th. deposition to he entered in the minutes of the magis- tra, es' clerk. Mr. Evans objected to this, as it was not proved. Mr. Jayne Take it down, and prove it afterwards, Mr. Evans I have no objection at all to your worships reading it, but as to taking it down and proving it afterwards I shall decidedly object to that; the more so as I have bomething to do. I want '0 talk to the witness about that paper. As to the rules, they are not admissible. It is merely so much printed paper. That is to say, If you are a naughty maD, you won t do to come with us we are all very good (Loud^aughfer)°U n0t better y0U mUSt g° away"" Trivet continued: The accusations contained in that paper are false. Mr. Jayne: Is that as regards yourself ? -Witness: For myself and my wife; my wife is here, and she will swear the same. Mr. Evans Oh she will be sure to swear the same. I will take that as sworn. (Laughter.) Cross-examined by Mr. Evans: Do you know Cook ?-A. Yes, air. Q. Is he here?-A. Yes, sir: Q. Where is be?—A. In the court. Q. Who is he ?-A. He is the man who robbed the house. -*$, Mr. Evans thought it nece-ssary he should be preseut while the witness was being examined, and he was acc.1 din/h called. Mr. Davies off red no oljection to t, i-i. Examination continu. d: Now, Mr T'ivet, you know Cook he is the man here ?-A. Y, s, sir, I kn"w him capital well. Q. He was the treasurer of y'>ur club, wasn't he?— A. >ly cluh I l ever had a club I Q. Well, the club you bel nged to ?-A. Yes, h. was. Mr. Davies said Mr. Evans was alluding to what was irrelevant. He I ad only to cross-examine the witnt-ss as to his evidence, and that was all. Mr. Evans I think, sir, I know my du y as well as you do be good t-Tiough not to interrupt me. We couiplam in this lib..1 tha' he sole certain goods, and we say so still. We will prove so from his own muuth, and from the mourb of a wi, ness. Mr. Davies: I entirely object to it. I have already entered my protest, and your worship may use your discretion in the matter. Mr. Jayne (to Mr. Evans) You are generally very flexible. Mr. Evans said he had always been so. Mr. Jayne said Mr. Evans would have an oppor- tunity of going into the question he touched upon after the evidence had been given. Mr. Evans You won't like me to go over it twice, I promise, sir, I won't notice one single thing irrele- vant to the subject. Mr. Jayne Well, he is in your hands now to be cross-examined. Mr. Evans (to witness): Did you see that paper signed ?-A. I did not, air. Have you hitard that paper read t3 you ?-I have open them on the paper, and in the newspapers. Did you see them in the newspapers before you rad them on this paper?-No, sir In what newspaper?-In one in my pocket; in the Merthyr Telegraph. Who first showed you this (showing the written pauer) ?—Richard Wall. What did he tell you ?- Well, he asked me if the accusations in it were right or wrong; I told him they were wrong. Of course you said it was untrue ?-Of course, sir. What else did he tell you? -He told me the rules of the society were that if any member were guilty of dishonest or immoral conduct he would be excluded. Have you ever had any bother with Mapstone b- fore?-Well, the woman has accused me of things before. Yes, or no ?-Yes. What d d they accuse you of stealing ?-They accused me of stealing money from George Cook. Now, sir, on your oath, did you have George Cook's goods or not ? Mr Jayne Oh my word Mr Evans: I say, sir, I have a perfect right to ask that question. el Mr Jayne You have George Cook there you must not ask this sort of question. Mr Evans: He may refuse to answer it; he is not bound to answer it, but I have a perfect right to put i\ (To witness)—Now, don't you answer me, unless his worship says you may. Mr Dalies I offer no objection to his answering the quest ion. Mr Jayne He will say "no," I expect. The question was asked, and witness replied Yes, sir. I have got a clock case George Cook gave me. Did G orge Cook give you anything else? Yes, sir. c? What else did he give you the works ?—Yes, sir. Aie they together now ?-Nn, sir. How many children has your wife had ?-Well, I think A Voice in Court Seven. A good half-a-dozeu more than that how many ? —Eight. Can't you spring another point, and say nine No, sir. Will you swear there have not been ten ?-I can't swear there have been ten. How many are there livirig? -Oite, sir. Mr Jayn You are not going to prove they hiivP mur d> ren then childr- n. Mr Evans We.say the -*ife hns. Wt-say soopenlv. Hasn't your ",ile been told after the birth of some of her children that she had been iakiii- improper hiug?—N>-v< r, sir. Now we will el-ine back to the first intimation you had from the elders (or whoever they are) of the chapel, ih-t y,,ur wite has bijen complained of on ihe ground of im-uora i y. When was that-the firct --oti plaint.?-Nev,-r, sir. Mr K vat's 1' is mentioned in the first part of this. Wiuins*: My wife is no member, so lhaL could have no hing to do wi h her. You are a membei-?-Y. s, sir, And your wife?-No, sir. A long and somewhat desultory discussion took place, and another attempt at a settlement of the matter was made, but without avail, the parties seeming to disagree in the matter of costs. Richard Wall -as called and sworn. He deposed I am a member of the society of Primitive Methodists, at Brynmawr, and am Trivet's class leader I was present at tile meeting of the society on the 24th of April, when the Rev. A. Harvey, senior minister of the circuit, presided William Jones and other mem. bers of the society were present Ai.n Mapstone came before the society, and made certain accusations against Trivet. Mr Jayne Voluntarily, or by invitation ?—Well, sir, I was at the man's house Mr Jayne Answer the question straightforward.— She told me, sir, she had no objection to going any- where to say what she said to me; the accusations on this occasion (April 24th) were taken own in writing by the Rev. Mr. Harvey, and conveyed by me to Trivet I saw the paper signed by Ann Mapstone, who put her mark to it. The Rev. Mr. Harvey here came into court, and said he suggested that the matter should be settled by the parties themselves. When he wrote down the statement he had no idea they would come before the court, and he was in consequence thereof surprised. He was appointed to preach at Brynmawr on the 24th of April. The chapel steward said there was to be an elders' meeting afterwards, as one of the members of the society was suffering from evil reports-scandalous things having been said of him. The elders met at the close of the meeting to hear the accusations, and he objected to write them down. They pressed him, and he thought, for the peace of the church and not to show any unkiidness to them, he would write down the statement, which be accordingly did. Mr Jayne -It was not through your instrumentality that the paper was written?—Oh, dear, no, sir. Mr Jayne The less we go into it the better. I should like for the sake of your religious society to see the question settled. The question now is simply a pecuniary one, a matter of costs. The payment of a sum of about £3 would settle it. Yet another attempt at a settlement, backed up by the recommendation of the minister was made, but failed. Wall, cross-examined, by Mr Evans Did you ask this woman to go down and write what she had writ- ten ? Did she volunteer to go down or did you ask her ? —She said to me- Now, no quibbling, please. Yes or no.—I said- Just answer my question. Did you ask her to go down, or did she go d jwn of her own accord ?—I asked her to go down, and she said she had no objec- tion to so down. How had you been talking before?—She came where I was. Mr Jayne And said these things in your hearing ? —She did, sir. Now, sir, as a member of that chapel, and a- a class leader, will you tell me the usage of the members of that chapel, or the communications betwe n one another.—After the question had been simplified, the witness said I never understand the communications would b. privileged. Now, sir, tht" e are a great many things transpiring in your meetings you don't wish the world to know of, or to the doings of certain of the brethren ?—Yes, sir, certainly ihere are. Very well Do you consider you have got a riaht to go and tell the rest of the w, rid what occurred on i tat evening ?-I et-nsi,ier I had, because this L11 Is Mapstone was not a member ot our society. She is a wordly woman. A worldly woman and pray, air, what part of the univi rse do you belong to. Do you belong to the world ?-I am in it so far, sir. What do you term yourself ?—Just as I am. Re-examined by Mr Davies She came into the bouse where 1 was and made the accusations volun- tarily. (Defendant: No, I did not, sir.) Mr Hat vey was then cilled, but as his evidence was only a corroboration of the facts detailed by the pre- vious witnesses, it is unnecessary to give it. The defendant, was fully committed to take her trial at the assizes, bail being accepted.