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MX&IOHEXHSHIBE ASSIZES. I

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MX&IOHEXHSHIBE ASSIZES. I The Commission of Assize for Merionethsbire was opened at Bala on Friday last, before Mr. Russell Gurney, Q.C., Recorder of London, who has been ap- pointed to go the North Wales Circuit, in consequence of the lamented death of the late Baron Watson, at Welshpool. The learned Recorder did not reach Bala until after seven o'clock in the evening. Immediately on his arrival, accompanied by the High Sheriff, Charles Frederick Thruston, Esqf the Under Sheriff, David Pugh, Esq., of Dolgelley, and the Sheriffs Chaplain, Mr. Russell Gurney proceeded to the Court-house, where the Commission of Assize was opened, and the Court afterwards adjourned until the following morning at ten o'clock. We should mention that a few sombre- looking policemen occupied the places of the bright- liveried javelinmen of former times-a change evidently not relished by the gaping crowd, who swarmed around the principal entrance of the C urt. At the early hourot nine O CIOCK on Saturday morning Russell Gurney, Esq., attended Divine Service at the new Church in Bala. Before we bring our readers to the service we pause to pay a tribute of praise to the Rector of the parish, through whose instrumentality, we learn, this beautiful edifice was erected, representing in great contrast the miserable building (for an Assize town) in which service was formerly celebrated. There is nothing gaudy, or showy, or grand in its pretensions, but it is all in good taste, and in keeping with the im- proved style of church architecture of the day, while there is a sombreness in its very atmosphere that made us feel we were in the House of Prayer. Should any of our readers visit Bala, they will be well repaid for the time it will take to visit this church. The prayers were read by the Rev. Mr. Jones, Curate of the Parish. The sermon was preached by the Rev. Wm. Lewis, of Llanfihangel-Glyn-Myfyr, Sheriff"s chaplain, who took for his text the 6tb verse of the 16th chapter of Proverbs -11 By the fear of the Lord men depart from evil." The preacher commenced his sermon in the spirit of the text, shewing that a sense of retribution guided the actions of mankind as shewn by the text, and again in the Psalms, The fear of the Lord is the beginning of wisdom, and that in all positions in life we are compelled to call reli- gion to our aid, and that mankind was deterred from wrong and inclined to right by the conviction of the omniscience of a Supreme Power. He thus shewed the analogy of human laws and government and the result of their operation upon the actions of man, and pointing out the difference between the outward fair shew, and ab- staining from actual crime, differed from the deep im- pression ofreligion inculcated by the text. He pointed out the many short-comings of human frailty. He pro- ceeded to urge the necessity of religious fear in all the scenes of life, in the learned and the uninformed, and the necessity of correct notions and abiding sense of the omniscience of the Almighty. The preacher dealt learnedly upon the responsibility of motives in the hearts of men and proceeded in a philosophic style of argument and yet sufficiently plain for simple understandings to the convictions of all his hearers. In conclusion, he re- ferred to the awfully sudden death of the Judge of As- size, and pointed out forcibly the solemn warning it gave to all, and the necessity of having our loins girded and our lights burning, so that when He came He should find us watching. It has seldom been our lot to hear a more excellent discourse, or one delivered with more earnest- ness and sincerity of purpose, and which was referred to by the learned Judge in his charge to the Gran4 Jury. The Court opened for the despatch of ttOsiness at half-past ten o'clock. A special jury had been summoned to try a cause but it did not come on for hearing. The calendar contained the names of four prisoners only- one for manslaughter, one for burglary, one for unlaw- fully wounding, and one for larceny. One of the parties was out on bail, and of the three in custody two were described as being able to read and write, and one able to read and write imperfectly. The Court having been formally opened, the nomina ministrorum was called over; after which the following gentlemen were sworn as THE OKAJiD JURY. W. W. E. Wynne, Esq., M.P., FenUrth, foreman R. W. Price, Esq., of Khiwlas R. M. Richards, Esq., Caerynwch John Vaughan, Esq.. P.?- Dovey Lewis Williams, Esq.. ;rown,n C?C ,0? Esq., Blaenyddol Edward Lloyd Edwards. Esq., Dolserey Samuel Holland, Esq., Pl?yapetirbya Owen Richards, E" Bala Lewis Williams, Esq.. Brynhirion John Jones, Esq., The Bank, Biia William Price Jones, Esq., H. T. Richardson, Esq., Alierhirnant Francia Hallowes, E,q Cowl W. H. Ni idg ey, -q ?l.ar job. Jones, Esq., Pi- I-- Robert Puhe, :.q, Helyog William Jones, Esq., Bryntegid J. V, Jone., Esq" He.tinio¡ Charles Williams, Esq., The Old Rectory, Dolgeney Jame, Oliver, Esq., Bryn I,Iewcl?n J??F.dwi?d Parry. E<q.. Gtynn David Morris Li.yd, E,q., Pale Mr. CKOMPTON, the Clerk of Arraigns, having rend the usual proclamation against vice, profaneness, and immorality, The learned JUDGE proceeded to charge the grand jury. He said it was scarcely possible for him to com- mence the very few observations with which he should have to trouble the grand jury on the business that would come before them, without adverting for a single instant to the melancholy event which hdd rendered necessary his presence amongst them. He said nothing of the solemn lesson which that event was calculated to teach, for that had been dwelt upon in a fitter place by the Rev. Chaplain, whose discourse he had just heard, but he could not help expressing his sense of the loss which the profession of the law and the public at large had sustained by the death of the late Mr. Baron Watson. He bad but for a short time occupied a seat on the bench, but he brought to the discharge of his judicial duties the ame vigour of mind and the same honesty of purpose which had won for him a distinguished place among the advocates of the day, and the man. in which those duties were performed well justified the choice that had been made. It was impossible not to see that he possessed in happy union the feeling of the gentleman liDJ the halits of mind and thought of the law- yer, the absence of either of which he (Mr. Russell Gllrney) did not hesitate to say would ever be found to be fatal to the right performance of the duties of a judge. And among the many distinguished persons who now sit upon the bench, he believed there were few whose death would he more regretted, or whose loss would be more felt, than his who a few short days since was expected to fill the seat which he (Mr. Russell Gurney) now occu- pied. The learned Judge then proceeded to remark on the calendar, observing that it was one very different trom tnat wnicn ne was in me uaun. m »CCII.b u" but he believed it was remarkably heavy for that well- ordered county. The only case to which he would allude was a charge of manslaughter against one Ellis Roberts. It would appear that the deceased, who had been drinking, or was in a state of intoxication, gave great provocation to the accused, and offered additional violence when the prisoner attempted to prevent him from coming on board his ship. In order to prevent deceased from getting on the ship, the prisoner struck him with a mallet; he fell to the ground and shortly afterwards died. There was no doubt he died from injury to the head, but that might have been caused by the blow or the fall. It would be necessary for the grand jury to say whether there was a prima facia case, that death was caused by the blow struck with the mal- let, or the fall that resulted from the blow. If the prisoner apprehended danger, he was justified in adopt- ing measures to prevent deceased from getting on board his ship, but he was not justified in using more force than was necessary for that purpose. The other cases contained in the calendar were dependent upon evidence perfectly familiar to gentlemen of their experience, and therefore did not call for a single observation. The grand jury were then dismissed to their duties. CHARGE OF MANSLAUGHTER AL AHMIUU* M. Ellis Roberts, 32, master mariner, was indicted tor tne manslaughter of Humphrey Humphreys, at .Aberdovey. on the 13th inst. The prisoner was also charged under the coroner's inquisition with the same offence. Mr. Beavan, instructed by Messrs. Howell and Mor- gan, of Machynlleth, appeared for the prosecution the prisoner was defended by Nir. Mc Intyre, instructed by Mr. John Jones, of Dolgelley. Mr. D. Pugh, solicitor, was sworn interpreter in the case. ?r. BEAVAN, in stating the case to the jury, said the prisoner, who was charged with the manslaughter of Humphrey Humphreys, was a master mariner and part owner of a vessel; and it appeared at the time of the fatal occurrence the vessel was at Aberdovey, where the deceased, who was a coal dealer and a ?'' of prodigious strength, lived, as also did the prisoner On the day in Son the deceased and prisoner had a quam- the dM?edc?ed the prisoner with stMhnxh.?huhn?gs. and at the same time be appeared to have inflicted a blow on the prisoner, and kicked and abused him in a way not warranted. The prisoner, fearing the deceased, made for his vessel and ran round her, followed by the deceased. As the latter was pursuing the prisoner into the vessel, Roberts pulled away the ladder, and deceased fell to the ground. Humphreys again tried by means of a rope and the ladder to reach the deck of the ship, but was preven- deceased came up he would knock him down with a mal- ted by the prisoner; and at the last time Robeits said if let and he did so, and Humphreys fell down and died. The learned Counsel said no doubt the prisoner was iustified in using sufficient force to prevent deceased from setting into the vessel; but it would be for the jury to say whether he was justified in using so deadly a weapon as a mallet. He then called the following evidence eV Owen Roberts.- Recollect being at Upper Lime Kiln, Aberdovey, on Tuesday last; saw the prisoner &ad decamd there; Humphreys charged the pnMner  .W????'?? c.n"  "10. with being a thief; he afterwards said he had stolen a crown piece from his pocket, and deceased struck the prisoner twice in the mouth; he took hold of his face and arm, andthe next thing I saw whs Ellis Ro- berts running out of his way, and deceased fol- lowing him; prisoner ran towards his vessel, and deceased followed him prisoner ran round the ship land then up the ladder, followed by deceased; Hugh Evans pulled Ellis Roberts into the ship, and then threw down the ladder, and deceased fell to the ground; Hum- phreys got up and put the ladder to the ship again, and he an? the ladder again fell; deceased then took hold of the boat's painter, and tried to get into the vessel; but it was loosed by the prisoner, and deceased fell down be again put the ladder to the ship's side, and went up nearly to the top of the vessel; the next thing I saw was Ellis Roberts coming to him, and saying" if he would come up there, as he had abused him, he (prisoner) would abuse him," (deceased); the prisoner had a caulking mallet with him, and the next thing I saw was Henry Humphreys falling down; I did not see the Drisoner use the mallet at all. Cross-examined by Mr. NICINTYRE-Humpbreys wasa big man, but I cannot tell whether he was 6 ft. 8 in. in height: cannot tell whether he was the biggest man in the neighbourhood; don't know whether he was a quar- relsome man; Humphreys was in a high temper; the prisoner was calling out that deceased hurt him, but I did not hear him call out for people to assist him I saw (Humphreys throwing stones at the prisoner when be was n board the ship, and the prisoner seemed very much frightened of deceased Hugh Evans was also very frightened, and hid himself behind the forecastle; the mallet used by prisoner was made of wood, with iron rings round it. John Roberts, lime burner, said-I saw the prisoner running to his vessel, and getting into her, followed by deceased; saw the mallet in the prisoner's hand at that time deceased was trying to get into the vessel by the painter; did not see the prisoner do anything with the mallet; saw deceased when he fell the last time saw him very soon afterwards, but not directly cannot say for a certainty that he was dead saw blood all over his face. Cross-examined by Mr. McINTYRE-I am an Aber- dovey man; I knew Humphreys, and believe he wias one of the biggest men at Aberdovey; saw him kick Ellis Roberts when the latter was quietly melting pitch for his vessel; I was 36 yards from Humphreys when he was trying to get into the vessel; Humphreyes was, I believe, drunk at the time. Re-examined by Mr. BEAvAN-I saw Humphreys kick the prisoner. That was at the time he charged him with stealing five shillings. Hugh Evans-I was on board the vessel at the time prisoner was followed by deceased I assisted the pri- soner up the vessel, and then the ladder fell saw the prisoner coming from the lime kiln with blood on his face, very lame, and complaining that he was badly used by the deceased; Humphreys fell off the ladder he got up in a great passion, and began to throw stones at Ellis Roberts; I was afraid, and went and hid myself behind the forecastle I did not see Humphreys egain until he was dead; I saw blood on the deceased, but did not go to him. Cross-examined by Mr. MCINTYKE.—I was very much frightened, and the prisoner also seemed frightened heard the prisoner calling to the people on the road to come and take the man away, but I did not hear Hum- phreys calling to Ellis Roberts what he would do with hi in. John Roberts, carpenter- I saw the prisoner with the mallet produced in his band saw the prisoner strike the deceased somewhere on the head, but cannot tell exactly where; Humphreys remained on the ladder for a little while, and then fell down I did not go up to Hum- phreys directly; it was about ten minutes afterwards. Cross-examined by Mr. MCINTYRE—Saw Humphreys go up the ladder each time heard him say to Ellis Ro. berts Now then for you," and he was saying that as if he was in a great passion with the prisoner. Re-examined by Mr. BEAvEN-I cannot tell whether Humphreys was dead -when I went up to him; he was on the ground; I could not look at him I did not see him afterwards. By Mr. MCINTYRE —I heard the prisoner asking the people to take care of him from Humphreys. John Roberts, lime-burner, recalled, and examined by Mr. BEAvAN-I cannot tell for a certainty whether Humphreys was dead when I first went up; I did not afterwards see him. By Mr. MCINTYaE-The bruise on the prisoner's face was given to him by Humphreys; I saw him do it. Hugh Evans re.called-I saw Humphreys on the ground I don't know whether he was dead. Mr. Hugh Lloyd, surgeon, said-I made a post mortem examination of Humphreys on Thursday; I examined his head: I found from external appearances that there was a fracture on the right part of the forehead; on taking off the scalp I found a vertical fracture of three inches in length on the forehead, and a transverse frac- ture going towards the left side 1 found blood between the inner covering of the skull and the bone, and also a quantity of blood effused on the brain there was the remains of bleeding from the right ear, which is an indi- cation of a very severe fracture at the base of the skull ? but on a very minute examination I found there was no fracture at the base of the skull; I found the chest in a healthy condition the right lung was a little out of order, but nothing to account for death in any way the j:ili I I saw on the bead was sufficient to account for death in my judgment the mallet produced might have inflicted the wound I saw on the head. Cross-examined by Mr. Mc INTYRE.- The deceased was a big heavy man the injuries I saw on his head might have been occasioned by coming into contact with a cragey piece of stone, if from a given height. When asked if the injury might have been produced in the way described by falling from prisoner's vessel, witnes3 replied, I dont know the height of the vessel. Re-examined by Mr. BEAVAN.—I should say falling three or four yards on to a craggy stone would be a given height, By the JU DG E. I have not the slightest doubt that the injury on the head was the cause of death after that injury a person would not be able to get up a ladder I have seen a person live after receiving greater apparent external injuries to the skull than were observable on deceased. <le Hugh Evans, recalled.—Just before I saw Humphreys dead, I heard two women scream I was working there; the carpenter's tools were lying about, and this mallet. This closed the case for the prosecution. Mr. Mc INTYRE made an able and eloquent speech to the jury in behalf of the prisoner, and then proceeded to call evidence as to character. 'l1be High Sheriff, who lives near Aberdovey, said he knew the prisoner, and had never neara anytmng ag14"1" his character in anyway, which he should have done had his conduct not been good. The JUDGE,- For peaceableness and quietness has be borne a good obtiracter Witness.— Yes. Mr. John Pnghe, surgeon, Aberdovey, said he had known the prisoner ten or twelve years, and his charac- ter had always been good as a peaceable and quiet man. For several years prisoner lived near witness, and had his father and mother living with him, to whom he bad always been a very kind son. Witness had never heard prisoner spoken of otherwise than as a peaceable man, The learned JUDGE having briefly summoned up, the jury retired for five minutes, and on their return into court gave a verdict of Not Guilty, which was received with evident satisfaction by a densely crowded court. The prisoner throughout the whole of the painful proceedings appeared deeply to feel his painful position. CHARGE OF UNLAWFULLY WOUNDING AT DOLGELLEY- I Robert Evans, shoemaker, was indicted for unlawfully wounding Ann Williams, at Dolgelley, on the 9th of November, 1859. There was a second count in the indictment, charging an assault, inflicting grievious bodily hartn and a third for common assault. Mr Vaughan Williams appeared for the prosecution, and Nlr. Nlc littyre defended the prisoner. M r. D. Pugh was sworn interpreter. It appeared from the opening statement of the learned counsel for the prosecution, that prisoner and prosecu. trix lived at Dolgelley. The prisoner had a favourite cat, which was injured by some person or other. at which he was very much irritated, and on the 9th of November he went to the house of Gwen Pugh, and asked her ifshe knew who had injured the cat, adding th-it if he thought that old Nanney (meaning the pro- secutrix, who lived next door) had done anything to if, he would kill her," or something to that effect. Pro- secutrix hearing what was said, took a large stick and was proceeding to a neigh hour's for protection, when she encountered the prisoner, who wrested the stick from her and beat her about the face with it a struggle then ensued between them, in the course of which she received a cut on the arm. The above facts were deposed to by the prosecutrix, who stated that she did not see a knife or any sharp in- strument in the possession of prisoner; she herself before this affray took place, had been peeling potatoes with an old knife, but she denied having any sharp in- strument whatever in her possession when she met the prisoiier. Prl Mr. Charles Williams, a surgeon practising at Dol- gelley, stated that he was called in to attend the prosecu- trix He observed a wound about two inches in length across the wrist of the right arm; it was an incised wound cut by a sharp instrument, but not deep; it bled a good deal; the main aitery was not cut at all. There were some marks about prosecutor s face, but he did not observe what they were they were nothing serious. Prosecutrix suffered for a week or fortnight from the Mrf MclNTva*. for the prisoner, contended that the wound on the wrist was the result of accident during the struggle for the stick, and caused by the knife with which prosecutrix had been peeling potatoes, and not by any sharp instalment in the prisoner's possession. The learned JUÐGB having summed up, the Jury briefly conferred together, and then gave a verdict of Not Guilty. BURGLARY AT BALA. Ellis Jones, 28, farmer, pleaded guilty to burglariously breaking into the house of Mr. Richard Roberts, ol Bala, and stealing upwards of JE200 on the 21st Dec. A full report of the facts of the case appeared in our co- lumns at the time of the investigation before the com- mitting magistrates. The prisoner's counsel, Mr. MORGAN LLOYD, appeal- ed to the Court in mitigation of punishment, and said he was instructed to express the prisoner's deep contrition for the crime, and called several witnesses as to charac- ter, amongst whom was the Rev. Thos. Davies, rector of the parish of Trawsfynydd. The counsel for the prosecutor also said he was in- structed to recommend the prisoner to mercy, and the parson having also given him a good character previously, he was sentenced to nine months' imprisonment, which with his previous incarcaration will make twelve months. [ ROBBERY AT THE NEWBOBOUGH ARMS, FESTINIOG. Robert Richards, 39, blacksmith, was indicted tor stealing, on the 10th of February, thirty-five shillings, the monies of Mrs. Elizabeth Evans, of the Newbour- ough Arms, Festiniog. Mr. Beavan prosecuted; prisoner was not defended. Mr. D. Pugh interpreted. The evidence of the prosecutrix, Sergeant Daniels, S. Evans, John Jones, and others, went to shew that on the day in question the prisoner was sitting in front of the bar at the Newborough Arms,on the counter of which was a cash-box that the box was locked; that, during the time Mrs. Evans was in the cellar, the box was opened, and the money, the greater portion of which was half-crowns, abstracted. Prisoner was heard to admit that he had been in the yard after the money was missed. He was known to be asking for the loan of money on the night previous to and after the robbery, he had 2 half-crowns which he could not account for, as to how he obtained them. It was proved that 27s. 6d. of the money was found in the cart-house in the yard, and that prisoner had in his possession a bunch of keys, the largest of which was found to open the box. The prisoner, in answer to the charge, stated that when the officer said it was the largest key in the bunch which opened the cash box, he told Daniels that was the key which fit his (prisoner's) own box. SelJt, Daniels was recalled by the Judge, and stated that he had not tried the key with prisoner's box; the prisoner was not an householder, and he did not go to see if there was any box which the key would fit. The Jury, without a moment's hesitation, found the prisoner guilty. Two previous convictions for felony, and one for as. saulting the police, were proved against the prisoner, who was now sentenced to three years' penal servitude. This concluded the business of the assizes.

CARNARVONSHIRE ASSIZES. I

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