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fi-Michaelmas ftuaner Sessions.…

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fi Michaelmas ftuaner Sessions. I The Michaelmas Quarter Sessions of the -Peace for the County of Monmouth, was held in the Sessions House, Usk, on Wednesday, when there were on the Bench :—Mr S. C. Bosanquet (chairman), Sir Henry Mather-Jackson, Bart. ,deputy-chairman), Col. Walwyn, Major Griffin Griffiu, Capt. Walters, R.N., inlr R. Riekards, Mr Harold Addams-Williams, Mr R. Burchardt Ashton, Mr C. W. Earle Marsh, Mr Manley Ashwin, Mr W. H. Davies, Mr E. J. Williams, Mr C. White, Mr S. T. Griffin, Mr J. H. Taylor, <&c. The following were sworn on THE GRAND JURY Messrs Frederick Pring Robjeut, Newport -1, ^foreman) William Spiller Allen, Malpas; William Butler Barton, Llandogo Thomas Seavan, Monmouth Walter Henry Blackhall, Newport Reginald Davies, Bishton Roger Davies, Tredegar Percy Bowers Ford, Ponty- pool Benjamin Giles, Rumney; James Green- land, Newport William Hart Griffiths, Griffithstown Samuel Haliday, Newport S. C. Holman, Abertillery; George Henderson Hopkins, Llangattock Johu Mason Hutchings, Chepstow William Isaacs, Newport William T. James, Bedwellty; Leonard George Lourie, Newport Edgar Charles Morgan, Abergavenny .John Parker, Kemeys Commauder; Edward Morant Parry, Caldicot; Thomas Prothero, Blaiua and Henry White, Newport. THE CHARGE. The Chairman, in his charge to the Grand Jury, said he was glad the number of cases was -very few, there being only three prisoners, and ,two of these having two charges each against ,them, there were but five cases in all. He thought none of them would take up much time in consideration, and they would be able to find a, prima facie" case against each for trial 'before the common jury. APPOINTMENTS. The minutes of the Standing Joint Committee -were received, and Sir Arthur Mackworth, Bart,, was elected a representative of the Court on that (Committee, in the place of Col. Lyne, deceased. The Chairman, Vice-Chairman, Major Griffin, Mr R. Rickards, and Mr F. J. Mitchell were re- appointed assessors under the Clergy Discipline Act, 1892. The certifying committees in the various petty sessional divisions of the County under the .Lunacy Act, 1890, were practically l'e- appointed. AN APPEAL RESPITED, Mr Corner asked for the consent of the Court .to the respite of the appeal case of Thomas Morgan and Mary Jane Thomas till the next r- y Sessions. Morgan, he said, was convicted by the Skenfrith magistrates of an assault upon Thomas, and sentenced to a month's imprison- ment. Mrs Thomas, a material witness, was, it was agreed by the solicitors on both sides, in such a condition as to make it impossible for her to appear. Consent was given, the recognizances to be )increased. A ROAD IMPROVEMENT. I Mr Corner (instructed by Mr J. C. Llewellin, Newport), on behalf of Messrs Rosser, made the necessary application in connection with the closing of an old road and the openiug of a new one iu the parish of Cwm, near Ebbw Vale. The old road, said Mr Corner, was narrow aud inconvenient, and had difficult gradients. The new road, which ran parallel to the old, was at least double the width, and it -was generally admitted it would be a very great public improvement, and of great beneift locally. There was no opposition of any sort. The application was granted, the documents being ordered to be enrolled. TRIALS OF PRISONERS. ^SECOND COURT.—Before the DEPUTY- CHAIRMAN and other Magistrates. ALLEGED INDECENT ASSAULT. William Roache, 36, labourer, way charged with indecently assaulting Ann Marsh Brown, at Itton, ,011 the 18th August.—Mr. IIIickletbwaite pro- ,secuted-From the evidence it appeared that prisoner had been casually employed by .complainant's brother, with whom she lived at Khydybeddw Farm, Itton. The alleged assault took place in the fowls' cot. Prosecutrix ./■•complained to her sister-in-law, became hysterical, and fainted away. The brother kept the prisoner in the loft, where he slept, until P.O. Preece arrived and took him into custody, when he said ,ie knew nothing about the matter. Defendant .had been drinking, but was not drunk.—The jury .retired to consider their verdict, and, upon return- ing into Court, said they found the prisoner .guilty.—Mr. Micklethwaite said nothing was known against the prisoner previously.—The Chairman in passing sentence of six weeks' imprisonment with hard labour, said the Court ,had taken into consideration the fact that he had been ia prison awaiting trial since the 20th c August. Although the assault was not so serious -as it may have been, the girl's health had been jmpaired, and protection must ba afforded .^imales. PENAL SERVITUDE FOR A WOMAN. Henrietta Taylor, 27, a smart-looking young woman, wearing a white straw hat and a long, light coat, pleaded guilty to stealing £ 36 from the dwelling-house of Harry Vimpany, also one silk dress, value 4s., the property of Sarah Vimpany; a dress bodice, blouse, astracban capa, three silver brooch^B, together of the value of lis. 6d, the property of Alice Vimpany, at Llanthewy llhytherch, on July 14th; and further with stealing two gold rings, value £ 4 5s., the prooerty of Sarah Ann Hands, at Abergavenny, on March ,126th.—Mr. Vipoud Edmonds appeared to prosecute.-Prisouer pleaded guilty and acknowledged a previous conviction at the Glamorgan Quarter Sessions at Cardiff on January "3i,d, 1899.—The Chairman asked to see the Prison Surgeon, but as he was not present, he had an interview with the Governor of the Gaol. Subsequently, addressing the prisoner, he said You have pleaded guilty to these two charges and also to a former conviction. You were not charged with a conviction in 1S97, when I see you under- went a term of 1 o months' hard labour, and since then you have served nine mouths. We cannot pass a less sentence upon you now than that of three years' penal servitude.—Prisoner was tppareiitly unmoved at hearing this, aud quietly went below. BILL IGNORED. Edwin Jones, 51, eollier, was entered in the Oalendar with two charges against him, viz., of stealing a live lamb sheep, value £1, the property of Johu Bowcott, at Abergavenny, on August 7th, and of stealing a live lamb sheep, value 10s., the property of William Prosser, senr., at Abergavenny, on September 14th.-The Grand Jury threw out the Bills. IMPORTANT LICENSING APPEALS. I After dealing with the more or less formal administrative business, the First Court (presided ,over by the Chairman) was occupied the whole •day in hearing two appeals by Alfred Sawtell, landlord of the Panteg Hotel. Griffithstown, against cunvictions under Sections 7 (selling igpirifcs to a lad under 16 years of age) and 13 (permitting drunkenness), by the Pontypool ■ iBench of Magistrates, on July 20th last. Mr. H. D. Green, K.C., M.P., and ir. A. J. David (iiiitructecl by Mr. D. Roger Evans) ,appeared for the appellant; and Mr. J. Coiner .(instructed bv Mr. A. E. Bowen, clerk to the Pontypool Magutrates) for the respondent (nominally Superintendent William James). George Henry Phillips said he resided at Clifton-square. Griffithstown, and was employed .;t\t Messrs. Baldwin's steel works. Ou the morning of the 6th July he left work about 6.30, and was paid his week's wages, 15s. He went straight to the Panteg Hotel, and asked for 3d. of whisky. He was served by the barman, William Jones. When he had finished drinking the whisky the barman asked him his age, and he told him that he was 16. Jones replied that he knew better, and that he was not 16. Witness answered, I. Yes, I am." The landlord came in and saw him with the whisky and said to him You are a regular boozer, drinking whisky. Witness subsequently got a pint of beer from the barman and took it outside where it was drunk by witness and two others. They then went into a little room in the Hotel and witness asked Evan Williams to fetch some whisky. Witness paid for it, and they drank it between them. He had three glasses of whi-ky I and remained in the house until twenty to seven, when he left in company with Clif. Millard. He asked some one to fetch him a pin t of beer from The Clout," but he di not drink any of that. He fell down in the hedge, and remained there a considerable time. Cross-examined by Mr. Green, witness admitted that he had worked at Abergavenny, and that he had been sent from there for stealing. He was afterwards sent to France because of his bad character, and had returned. He altered his certificate of birth to shew that he was 16 years of age, in order to obtain employment at the Panteg Steelworks. He had endeavoured to enlist, but was rejected. He was personally served with whisky once only by the barman, but he sent Evans out twice for it. Mr. Sawtell was present when he was first served. Mr. Green You said at the police court he came in after. Which is right ?—What I told you to-day. Witness in reply to further questions, said he knew what he was doing when he left the Hotel. It was when he was on the Canal Bank that he was overcame. He did not go into "The Clout." He did not see a man there with two horses. He did not, that he knew of, stop him and ask him to have a drink. Mr. Green: That is a considerable distance from where you say you fell down.—I don't remember anything about that. Witness further said that Millard got the beer for him from the Railway Inn. He did not drink any of it. His father had it. He had not a bottle of beer when he left the Panteg Hotel, nor on the Oanal Bank. After he got home he was first conscious about 5.30 p.m. He lodged with Mr. Morgan, and he did not remember what he said to him. He did not tell him that he did not see the landlord that morning. Mrs. Morgan was there at the time. He did not say that he was quite sober when he left the shearers." He told Mr. Morgan that be had not spent a shilling there. He saw Ellen Turner when he was leaving the Panteg Hotel, and she told him he ought to be ashamed of himself. Re-examined His mother was dead, and both he aud his father lived in lodgings. Charles Stanley Whitombe, 14, gave evidence, practically corroborating portions of Phillips' testimony. Clifford Ambrose Millard, 16, stated that he saw the whisky served, and heard the barman ask about Phillips' age. Phillips had two glasses in the house and then went outside, and had beer from a b ;ttle. Witness assisted him from the Hotel to about 150 yards beyond the Railway Inn, and left him lying in the hedge. In cross-examination witness varied statements he had made at the Police Court. James Middleton, Crown Bridge, Sebastopol, stated that he was in the Panteg Hotel on the morning in question when the landlord came in and saw Phillips with the whisky, and remarked to witness, "It's a little bit off for a boy like him." Witness made ;no reply. The boy was drunk, aud witness told him to go out. He was hardly able to get out. He was accompanied by Millard. Subsequently the landlord asked witness if he had seen anything of the case, and he replied that he had, and that he was going to tell the truth and nothing but the truth about it. He had been in the house since and been served. George Henry Joneb Phillips, father of the lad, said he found him on the morning in question just below the Drill Hall in a prostrate condition. He was taken to his lodgings and a medical maa sent for. The lad was senseless for a very loug time. P.O. Charles Hatherall stated that on the 6th July he went to the boy's lodgings, and saw him. He was in a helpless state. The same day he went to the Hotel and saw Sawtell about the matter. Sawtell said he had been up since 10 to 6 and there had been no boys there. He subsequently said Ben Dalton had been there with some boys to he paid, and the boy may have been then. Dalton, he said, was drinking whisky, and the boys, ginger beer. He sent the barman in to see every thing was all right, and he said it was. Sawtell said he was not aware the boys were drinking whisky, or he would not have supplied them. At 7.45 witness again saw Sawtell, and he then said he had seen the boy, and he had quite a different tale. He was sorry it had occurred, and it should not happen again. He was writing to Mr. Huxley, the informer. Croas-examiued He first saw the boy, and then Sawtell. He did nof; mention anything about eight whiskies. Witness did not mention Huxley's name. Witness did not say some of this before the magistrates because he was not asked. Mr H. D. Green, in addressing the Court, pointed out the gravity of the matter to the appellant, and said that he thought that he should have no difficulty in getting the Court to arrive at a different conclusion to that arrived at by the Justices below, since the case would be presented to them more fully and completely, and it would now lie more thoroughly threshed out. Section 7 of the Licensing Act, 1S72, made it an offence for any licensed persons to sell spirits for consumption on the premises to any person "apparently" under the age of 16 years. HJ contended that in the present case it was immaterial whether the landlord knew that the boy was served with spirits or not. The point was whether he was apparently of the age of 16 to the barunn when he served him, and he urged that it might be apparent ia more senses than one. It might be "appatent 71 to the eye, or "apparent" to both in conjunction. It did not follow that it must be from the personal look of the applicant. In his working clothes, dirty and toil- stained, the lad would lojk much o'der than he did that day when he appeared in his clothes and clean, to pay due respect to the Court. Before the lad was supplied he was asked his age, and he asserted and re-asserted that he was over 16. The barman believed him; therefore, to him, he was ''appar- ently of the age of 16. He (Mr Green) wou!d call witnesses who would also say that the boy appeared to them to be over that age. The lad's previous bad character disentitled him to be believed in the face of other evidence. The whole c.ise rested upon the sale of the first glass of whisky, for the rest were not sold to him but to others. Further, he contended that the law did not zillow a person to be twice convicted upon the same set of facts, and the charge of permittiug drunkenness must fall through. Besides, not a scrap of evidence was forthcoming to support it. 0 For the defence the first witness called was William Jones, who, examine! by Mr David, said he was barmau at the Panteg Hotel, and had been since March, having previously been barmau else- where for five years. At 6.24 a.m., on July Gth last, the lads Phillips and Whitcombe came in. Phillips was dressed in his woiking clothes. One called for a lemonade and the other for whisky. Witness asked Phillips if h was 16 years of age. He said he was. After serving the lemonade the boys laughed, and be again questioned Phillips about his age, and he repeated that he was 16. Witness then served the whisky, and the boys went into "No. 1." room. He did not see them afterwards. Mr Sawtell was at the time tapping beer in the cellar. Mr Sawtell said nothing abmt his age to Phillips, nor about his bein,, a regular boozer." Witness remembered Middleton in the house that morning. Phillips was quite sober when served, and he did not see him afterwards. Cross-examined The servant told me Pnilhps left at 7.20. Alfred Sawtell, licensee of the Panteg Hotel, said he was born in a licensed house, and had been engaged in tha business all his life. He denied positively that he spoke to Phillips on the moruiug in question, saying You are a regular boozer." He remembered seeing Middleton in No. 1 room, but nothing was said about supplying Phillips with whisky. P.C. Hatherall called there in the morn- n?, and said he hid a report of a boy bÚDg sup- plied with whisky, and someone Lad mentioned eight whiskies. Witness s tid that must ba a con- founled lie, and appealed to the b irman, who admitted serving th^ one. When h saw the bov at his lodgings he said he had two whiskies, bit bal not spent a shilliog in the house. He subsequently again saw Hntharall. Nothn wis said by him nbout being sorry and it should not o;cur again. Witness dtd not see Pai lips on the morning in question in his house. C'.oss-eximin^d: Witness was serving in the business from about 6.20. He wont down into the cellar ab mt 6.30 when the beer went off. He did not go into No. 1 until 7.30. Re-examined He had no knowledge of any drunkenness in the house, and therefore did not permit it. Thomas Whickett, sheath-worker at the Panteg Works, stated that he saw Phillips and Wnitcombe on the Mill Bank. Phillips was drinking from a bottle of beer. Cross-examined: He did not see Phillips in the house at all. Witness was there from 6.15 to 8.15. Re-examined: He saw appellant going to the cellar. Bpnjamin Dalton, ironworker, stated that he saw Phillips enter No. 1 room at the Panteg Hotel. Phillips looked about 17 years old. He had an "oldish look on him." (Laughter.) He saw Phillips bring in a glass with him, and he left before witness, although he did not see him go. Witness was there till about a quarter past seven. Cross-examined: Phillips was there about a quarter of an hour to his knowledge. Sawtell brought in some beer, but not while the boy was there to his knowledge, but he cou d not say. Cross-examined: He had signed a statement to the police in which he said that Sawtell entered the room, and that Phillips was there half-an-hour. Now he could not say that Siwtell was there at tae s'mie time as Phillips. Evan Williams, stated that he was at the Panteg Hotel, on the morning in question. He saw Phillips in the passage Afterwards Phillips tapped the window and called him outside, where he held a bottle of beer, from which witness drank. Phillips subsequently came in. and witness fetched a ghsss of whisky which Phillips paid for. aud from which Phillips also had a little sip. Phillips gave him 2s 6d, and he gave him the change. Phillips was sober when he left. Ellen Turner, dome-tic servant at the hotel, stated that she saw Phillips on the Canal Bank at 7.15 a.m. on the day in question drinking beer out of a bottle. She spoke to him. He went off, aud she did not see him in the house afterwards. Cross-examined: She saw Pniliips from the back. No one was with him. Thomas Davies and Thomas Mills also gave evidence in contradiction to the statement tbac [he landlord spoke to the boy, that the boy was drunk, &c., when at the hotel. Alex. Morgan said he gave the boy lodgings when no one else would take him in. About a quarter to nine on the morning in question the lad's father came to him, and he went out aud found the boy on the Canal Bank. Witness took him home. When he got betler-betweeti 2 and 3 o'clock—witness asked him if he saw the land- lord, and he said he did not see him at all. He also said ha was sober when he left the hotel, and nothing came over him until he came up the canal side also that he did not spend a shilling in the house, and that the rest of his money was in his pocket. When he came to himself in the evening, however, the money was missing. Cross-examined: He could not say what was the matter with the boy. He carried him home. Mrs Morgan, wife of the last witness, said after being brought home the boy awoke between 12.30 and 1 o'clock. He had spoken to the doctor before. It was not true that he was ]>iug senseless till 5 o'clock in the evening. Phillips told her husband that the barman gave him the whisky, and that he did not see the landlord. Her husband wanted him to go out and see about his money when he discovered his loss, but he preferred to go to bed. Cross-examined Phillips was brought home helpless. She could not tell what was the matter witu him, but the doctor pronounced that he was drunk. William Henry Harvey, ostler, stated that on the morning in question, while in charge of two horses, the lad Phillips came out of the porch of the Railway Inn, put up his arms, stopped the horses, and asked him to have a drink with him. Witness declined. That was at 7.40 a m. Cross-examined He could fix the date because on that day he left the employment he was then in, and in the fallowing week, on the 9th July, he went to Aberdare. Walter Moore, butcher, stated that he saw Phillips and another going in the direction of the "Crown" a few minutes after ô a.m. on the Gth July. He did not see them go into the house. About 9 a.m. he saw Phillips again—this time lying down in the hedge with an empty beer bottle beside him. Mr Corner called F. A. Mises, landlord of the Crown to prove that Phillips was not in that house that morning. Mr Corner then replied to the arguments of Mr Green, and the Court retired for consideration of the case. On the return of the magistrates, the Chairman said the Court had decided to uphold the convic- tion of serving a person apparently under 16 years of age, and to quash the conviction of permitting drunkenness. As one appeal succeeded and the other tailed, the Court proposed to give no costs in either case. Each must therefore pay his own. This was all the business, and the Court rose.

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