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THE CRICKET FIELD ASSAULT…

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THE CRICKET FIELD ASSAULT CASE. On Thursday Mr. Moore and Mr. Bell appeared at the Town-hall, in discharge of their recognizances, 10 answer the charge preferred against them by Mr. G. May, for unlawfully assaultiDg him on the Neath Cricket Ground, on the 2nd of August last. This hearing was a kind of continuation of tho May v. Lewis trial, reported in our impression of the 17th instant, and appeared to create almost as much interest in the neighbourhood. Mr. Plews and Mr. H. Cuthbertson appeared for Mr. May, and Mr. Robinson Smith for Mr. Moore and Mr. Bell. On Mr. Rowlands, the Ex-Mayor, taking his seat, he said that several other gentlemen had been applied to, but none were able to attend and assist at the hearing; and it might turn out awkward if the case had to go for trial. Mr. Smith You can deal with it, your Worship, even should it be decided to send it elsewhere. The Ex-Mayor I don't like to take the responsi- bility, or put myself in such a position. Mr. Smith If wo both consent, the case can go on. Mr. Plews No consent will do but I will pledge myself not to offer any objection to the decision of the Bench. Mr. Smith And I the same. The Ex-Mayor: 10u are putting a great deal on my shoulders, but all to whom I have written are either engaged or interested in the case. Mr. Plews: I take your opinion, your Worship are the cases to stand alone ? The Ex-Mayor I am quite willing. Mr. Smith We leave any "case" that may arise to your discretion. Mr. Piews Then I propose to take the cases together. Mr. Smith I do not know to what extent the two are conjoined, and therefore I do not know at the present moment whether it is not better to take them separately. Mr. Plews It won't injure you to take them together. Mr. Smith No benefit can certainly arise from doing so. But if an understanding exists between us all will be beyond question at a subsequent period. The Ex-Mayor It' you object I'll take them separ- ately. p Mr. Plews I prefer the charge against both. The Magistrate's Clerk I will take a note of the intention, viz. :-I- Evidence against both defendants to be taken simultaneously. Cases to be severed if found necessary at close of evidence for prosecution." Mr. Smith Reserving to the defendants the right to be sentenced separately. Mr. Plews Your Worship, I shall enter into no lengthened observations respecting this case, but merely detail the leading features, and then bring evidence to prove that before Moore, Bell and Lewis went to the cricket field, they had stated in strong terms their premeditated intention of assaulting Mr. May, and I shall then prove- The Ex-Mayor Give the precise charge, Mr. Plews I charge them with being principals in the second degree, and as accessories to the felony on which the commitment of Lieutenant Lewis was made. Afr. Smith Stay one moment. Order the witness out of court. I have no objection to May, the medical man, and Mr. Turberville, staying. Mr. Plews Really these interruptions are innu- merous. Mr. Smith Perhaps the Bench will give the usual warning to the witnesses. The Ex-Mayor did so, and Mr. Plews again com- menced a recapitulation of the facts of the case Oil which Bell and Moore were charged. The details appear in the evidence of the witnesses which we give in extenso. Mr May, on being called, entered the witness-box, looking very pale and weak, and he was allowed to be seated. On being sworn, he stated, in reply to Mr. Plews: I am a chain manufacturer, residing at Neath. I saw the two prisoners come into thefield with Lewis. I was at the wicket, and Moore came and said a gentleman wished to see me when I was disengaged. I replied, If anyone wants to see me he must come to me." On that the three prisoners, Moore, Bell, and Lewis, came to me. Moore walked on the left hand of Lewis, and Bell on the right hand of Lewis. Imme- diately they came up to me, and Lewis asked me if my name was May. I said, Yes." Bell went partly round me on one side, and Moore on the other Lewis struck me, and Moore seized the wicket I had in mv hand, when I staggered; I fell down after a bit, but before I fell, Moore struck me with the stick he had in his hand; it was a walking-stick he struck me on the back of the neck, not a very hard blow. It surprised me very much, because there was no ill-feel- ing between us. While- Mr. Smith: I would rather have it put, What was done P Examination continued: I heard Moore say, "Kill the b- now he's down I felt I was kicked, and Moore was standing by me; while I was down, Lewis got hold of me, and I got on my feet again. Mr. Smith Was it the second round that Moore struck you with the stick ? Witness I felt a severe blow on my back with the stick before I was thrown down again I have the mark there again. Mr. Smith He can't see his own back. Mr. Plews He can in a pier glass. Witness continued In struggling with Lewis I turned round and partly faced Bell he had an up- lifted staff in his band I then fell dawn with Lewis upon me when I was down I heard the same expres- sions as before, but I did not know what Bell said I remember seeing Moore hit me two or three blows and standing by my side but I have a very indistinct recollection; he used the expression many times, but my attention was called to Lewis after the third round I was taken to the pavilion when down I saw the sword-itick in Moore's hand. Mr. Smith Not drawn ? Witness No I saw Bell when I got to the tent; I heard them say "lock him up." Ex-Mayor Where was he ? Witness Locked up in one of the small rooms he then came towards me, and I told him to keep off me I was having my head washed; my recollection is indistinct as to what passed then I was taken home in a fly, and I have been under the hands of the doctor ever since. Mr. Smith I don't understand you to say that any of the injuries you received, and from which you are now suffering, were inflicted by Moore and Bell ? —Witness I don't say that I had three heavy falls with Lewis on my back I can't say that any of the injuries I received were inflicted by Moore and Bell; I had more than I could do to defend myself from Lewis, and all that I have told you took place while I was busy with Mr. Lewis but he never got to my back once; I faced him the whole time, and kept my eyes on his as much as ever I could; the latter end of the struggle was a matter of life and death, and it was then that I felt it to be a matter of life and death Lewis's face was quite close to mine when I was on the ground; how could I tell whether there was any struggling outside myself when I was on the ground? but I knew there was struggling and scuffling when I was up there was scuffling going on, but I can't say between how many people; I can't say how many were present when Moore used the expression Moore took the stump away quietly; I had the stump in my hand to defend myself; Moore struck me with the stick when there was no scuffling; I swear that; I heard 110 one call out, Fair play;" they did not form aringfor Lewis and myselfto have it out-certainly not; we were not in a crowd; there were four of us together; I got a slight blow-a smart cut; I swear that it could not be done accidentally; I do not see how it could be done so I won't say Moore did not take Lewis off me; I was the lowermost man, and I know that some one did take Lewis from me; Mr. Hutchins was one who took Lewis off me; I do not remember Bell doing anything more than I have said; I did not double my fists; I don't remember that I squared up to Bell, and went at him in a fighting attitude. By Mr. Plews At the time I received those kicks Lewis was upon me, and it was not he who kicked me; I took a stump to defend myself because some one called out I had better do so; I do not know who called out after I had the blow on the back I turned round and saw Bell with the stick raised, in the act c.f striking all in the field were friends of mine, and all was going on amicably. By the Ex-Mayor Are you sure the word Mr. Moore used iva, not "beggar," because you state that he used a very foul expression, it what you said is correct?-Witijess I am quite sure he said b--r and not beggar. Mr. Hutchins was then called, and dcposed I am a butcher, residing in Neath I was on the cricket- field on the 2nd instant; I saw Lewis, Moore, and Bell come on the field I saw them go towards Mr. May I was two or three yards off I saw Lewis strike May with a whip Moore and Bell were standing close by; they were standing both on the left side, a little, when the blow was struck they did nothing at that time but urge Lewis on, Mr. Smith I prefer to have the expression.— Witness They said, "Give it him tLat is the first, attack I am speaking of mind that; May went down with the first attack, and they interfered. The Bench How did they interfere ?-WitDess They tried to prevent me from taking Lewis away from May they did net succeed in pulling me off tiii I got Lewis off they pulled at me forcibly May got up I did not see Moore and Bell do anything then Lewis was upon May again, and down they went; while down I saw them do nothing to May. Mr. Smith I submit that the question "Did they do anything to you is not to be put in this case. Mr. Plews The act of preventing Lewis hurting May is proof that he did not participate in the act. Mr. Smith A warrant was asked for in open court, and if anything had been done to May it would have been declared then was it ?-Mr. Hutchins Not then. Mr. Smith It mu-t be shown that sometnmg Was done to May, and then something might be done to Tjutchins, as both were together, but it is not shewn in this case. The Ex-Mayor If Hutchins answers in the affirma- tive, then there is proof that something was done by the principal. Mr. Smith endeavoured now to argue that the "secondaries" were doing nothing. Mr, Plew3 argued that the accessories were endea- vouring to prevent the prevention of the attack. Mr Smith ultimately submitted to the ruling of the Bench that the accessories were engaged in the assault. Mr. Hutchins re-examined: I tried to prevent Lewis ill-treating May on the ground Moore and Bell tried to prevent my doing so, by catching hold of me; I separated Lewis and May nevertheless another scuffle then took place Lewis then rushed back and said, I'll kill the h- I will Moore then said, 11 Yes, kill him out of the way," and with that Lewis and Bell rushed forward, and May was struck to the ground by a blow on the shoulder Boll struck him also; I can't say Avhether Bell struck him with a stump or a sword-stick, but it was a stick of some sort I again attempted to take Lewis off; nothing more was done to May, and Moore seized me by the collar behind, and very nearly choked me he beat me with a stick across the back and loins I found that I was getting choked and 1 was bound to leave off my gra^p of Lewis in rising from the ground 13 11 struck me with the stick across the face; my Gheek was cut, and the mark is here now my right eye is still very much affected I collared Bell and took him down to the tent myself; Moore ran away and Lewis. followed. [Sword-stick produced and recognised.] By the blow he struck me the ferule came off; it was not drawn.—The sword was drawn in court and proved to be a real Tartar. By Mr. Smith I never saw it drawn, and did not know till after the affair was over that it was a sword-stick; I stood about three yards off May; I could see if a blow was struck; Bell took, a stump from some place; I do not know where from I do not know who took the stump away; I am not going to com- mit myself; I am going to tell the .truth, and on my solemn oath I do not know who took the stump away; I can't, nor won't say that; if Mr. May has sworn that Moore took the stump away, he has sworn falsely; I say the stump fell out of Mr. May's hand, because lie fell down I did not see Moore strike :l\Ia y' at all; no, I did not; I was close to, but very much enga!red in the affray; I was trying to get Lewis from May; it did not take more than three minutes in the first affray; I can't say to a second or two I never saw Moore strike May in the first affair; I beg your pardon, but you are trying to mislead me I heard no cries of Fair play;" I swear I never heard it; I heard rilore expressions; I beg your pardon, I said nothing about the ex- pressions in the affray they were uttered before the parties met in the second and third affray; 110 expressions were used in the first affray; after May rose to his feet they did not fight; Lewis closed with Slay, and in the second attack I did not see either Moore or Bell take Lewis off 1\11'. May; there was a deal of excitement; I sawtlle blood on the stump, in the pavilion, inde- pendently of the broken one; they interfered with me in the third part of the affair, and it is that for which I have threatened Moore with an action at law, and for which I shall request a satisfactory compensation; I should not have done so had not Mr. Moore sent some parties to me; I was actively engaged in the first, second, and third stl-ugg-le; I did not wish to see my friend abused, and in the -third struggle it was that the affray occurred to i-ne in rising from the ground Bell toppled me over, and I seized him and "tackled hijn like a shot"—(laughter)— and locked him up; Moore ran away, but not before"he had seen the blow struck on the front of May's head; he went away before the stump was broken; the stump was broken in the last blow. Re-exaii-iined by Mr. Plews: Of course the toppling over" knocked me down; after I had been pulled off Lewis I tried to get Lewis away from May; the stump had left May's hand be- fore he fell to the ground, but I do not know how or when it was; Moore was on the left hand side of Lewis as they came from the tent- By the Ex-Mayor: It was after the third affair that Moore ran away, I should think before the stump was broken; my affray with Bell took place before the stump was broken; I saw Moore a hundred yards off, running like a hare then; I wished them all to leave the field after the first and second affray. .NL-. Alexander Cuthbertson was next examined, and deposed to the principal facts stated by the other witnesses, and repeated, in substance, the evidence he gave in the account of Lieutenant Lewis's case. He added: The prisoners, Moore, and Bell, and Lewis, were talking French ( Spanish), and I could not understand them I saw Moore hit May with his fist when he was on the ground; I did not see Bell do anything at that time I did not see Moore or Bell do anything while Hutchins was taking Lewis off May; I can't say where Bell and Moore were when Lewis rushed at him; I saw nothing then, but heard Moore sing out, "Kill the b- Kerr and myself took Lewis off May, and May had the stump in his hand, and while the third round was going oil, Bell was striking about with the sword-stick right and left; Moore ran away, and Hutchins collared Bell; I swear that I heard the words used, and I saw Moore strike him. Cross-examined by Mr. Smith: Moore and Bell tried to pull Hutchins off, that is when they were all standing up, and he interfered when they attempted to fight; I saw Moore strike May; I won't swear they did not attempt to lift Lewis off; 1\lo01'e was close to, and he struck May on the ground I saw him do it; I saw him stoop down May was on the ground, and Lewis on the top of him; Moore was standing by, and Hutchins had hold of Lewis by the collar; Hutchins might have seen the blow; I was quite close; I will swear I did not see Moore strike him with the stick; I did not see Bell do anything towards May at all; I saw him striking about with a stick; I saw Moore running away after the last blow was struck and the row was over ;• I am quite positive of that; Bell was standing quietly 1,y, and when he ran away I did not stop to ask him what he was going for. Re-examined by Mr. Plews Hutchins had hold of Bell when he was standing: quietly; Moore was about 10 yards off when I saw him running away, and I was looking at Leyshon and Bell struggling for the stick and the whip. The stick was taken away from Bell and my attention was directed to that more than to May. Mr. Smith objected to the question about 1\11'. Leyshon's finger being cut, and- The Bench ruled that his objection was good. 1\1r. Plews placed some books and papers and illustrated the position of the contending parties. Mr. Smith said the witness did not get rid of his answer and question and that he had confused himself. By the Bench I sawall three come on the ground but I could not see if they had anything in their hands. I do not know how Bell got the whip. Moore had a small stick in his hand when he went to meet Mr. May. It was in his hand. It was a short stick, and was either up his arm or behind his back. I saw it when he went towards Mr. May, I did not see the short stick when Mr. Moore was running away. James Swash was then called, and stated I am a shoemaker, residing in Neath I was sitting oil the roller in the cricket-fiold when Moore, Bell, and Lewis came there they went to the tent, and then towards the wickets; I did not go up after them till the second time; I did not see the first part 0f the pcrf 01-piance, but I saw Mav down and Lewis on him; I went up then I saw Moore and Bell there, and I saw Bell kick Mr May on the "•round lie kicked him three times; some one pulled Lewis off; I heard'Moore sav, Let them have fair play." [Witness was requested to point out Mr. Moore and Mr. Bell, and lie did so.] I did not see Moore do anything, but I saw Bell take the sword- cane and put it between Lewis and May I saw it half drawn, and Hutchins struck with it; Hutchins was struck when he was getting up; it was the second round that I saw; I saw Bell hit Hutchins, and it toppled him over. [Mr. Smith objected to the style of examination.] Bell drew the sword out of the cane,- that is, half drew it I swear Bell kicked May three times on the ground; I walked up after May was down the first time after the second round was over, and Moore saw Lewis with the wicket in his hand, he ran away; Lewis was about striking May with the wicket when Moore ran away; lie ran away with a stick in his hand. Cross-examined by Alr. Smith I saw Moore do nothing; he had the stick in his hand, and I did not see him use it I am sure that Moore ran away before the stump was broken; he was not on the spot when the cut took place; he was gone away at the third round, but at the second round he said, Kill the b— out of the way;" I heard him say more than that; the roller was in the field about five yards from the furthest man; Lewis was nearest to May; I can't say where Cuthbertson was; there were several people close by who could have seen this done besides myself; the sword-cane was not drawn right out; I did not see Moore and Lewis try to separate them; I am sure if three kicks had been given every one could have seen them. By iNIr. Plcws: When Moore ran away it was after the third round; I am quite sure I saw the kicks. By the Bench; I ran up to see the row when it began. At this stage the court adjourned for half-an-hour,

LATTER-DAY SAINTS AT NEATH.

THE REGATTA.

BRYNMA WR.

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