Symud i'r prif gynnwys
Cuddio Rhestr Erthyglau

1 erthygl ar y dudalen hon


Rhestrau Manwl, Canlyniadau a Chanllawiau

MOIMOUTHSHIfiE ASSIZES. The Commission for these Assizes was opened at the S-iire-hall, Alonmouth, on the evening of Saturday last, by Mr. Baron Channel], who, on the following day, together -with Mr. Justice Byles, attended divine worship at St. Mary's Church, where the assize sermon was preached by the Sheriff's Chaplain, the Rev. Rankin Hall, from James, iii, part of 2nd v. For in many things we offend all." The learned judges were conveyed to and fro in the car- riage of the High Sheriff, A. D. Bm-rington, Esq., by whom they were accompanied, together with his chaplain and Under-sheriff, E. B. Edwards, Esq., the usual escort of county and borough police under Superintendents Xilewellin and Wheeldon being also in attendance. MONDAY. CROWN COURT—Before Mr. Baron CHASTN'ELL. The court was opened at ten o'clock, the following gen- tlemen being sworn on the iJRAXD JURY. Sir Thomas-PhiMips, Knight, Q.C., (foreman). Colonel Poulett Somerset, M.P. J. Maurice Herbert-, Esq. S. R. Bosanquet, Esq. John C. Hill, Esq. S. C. Bosanquet, Esq. H. M. Kennard, Esq. Thomas Brown, Esq. J. E. Lee, Esq. J. F. F. Brickdale, Esq. Edward Lister, Esq. Henry Clay, jun., Esq. E. M'Donnell, Esq. E. Ml Curre, Esq. T. P. P. Marsh, Esq. James Davies, Esq. W. W. Manning, Riq. G. R. fireenhow-Relph, Esq. F. J. Mitchell, ESQ. Samuel Homfray, Esq. John E. W. Rolls, Esq. L. A. Homfray, Esq. J. Allan Rolls, Esq. After the royal proclamation had been read, his lord- ship proceeded with his CHARGE TO THE GRAND JURY, In which, after congratulating them upon the large at- tendance of gentlemen to discharge the duties, he said, he believed the calendar, as regarded the number of prisoners for trial, was about an average one, and there were only two or three cases in it he felt called upon to direct their attention to, which he should do, not that he thought it necessary but because perhaps it might save them trouble. His lordship then passed some remarks upon the case of Emma Clarke, charged with feloniously killing and slay- ing her female child, observing that as it appeared from the medical evidence that there was no appearance of violence, and that the woman had delivered herself, it would be for them to consider whether she had been guilty of culpable neglect, or whether the neglect which resulted in the death of the child, was such as was inseparable from the predicament in Which she was placed. In reference to the case of a prisoner named Giorgelti, charged with kill- ing and murdering Thomas Kelly, his lordship said the question was whether the prisoner, he being the only per- son who was seen with a kiiife, was the person who in- flicted the fatal blow, for it was perfectly clear that the death of the man Kelly was the result of a stab. His lordship referred at length to the case in the calendar in which William Bevan was charged with the manslaughter of David Jones. This case he said had been sent for trial on the verdict of the coroner's jury, and he would take this opportunity of passing the remark, though lie did not do so out of any disrespect to coroners' juries, that he, in common with other judges, would much rather if in serious cases there were also an investigation before the magis- trates. The learned judge entered into a statement of the facts of the case, from which it appeared that the charge arose out of a colliery explosion at Tredegar, by which 26 lives were sacrificed, and which was partially caused by the removal of a door in one of the headings of the pit, and partially by two of the workmen going into the pit with unlocked lamps; and he left it for the grand jury to say whether the person charged, who was the manager of the pit, had or had not been guilty of culpable negligence on one of three points, viz.: in not seeing that the door in question was re-placed in accordance with instructions be had uiven—in allowing men to go down the pit with un- locked lamps, contrary to the rules of the colliery and the provisions of the Act of Parliament-and in allowing the men to remain working in the pit with a knowledge of the circumstClnce8,-reminding them that it was now finally settled in law, that if there was culpable negligence on the part of a person charged with manslaughter he was to be held responsible, though the negligence was an act of omission in contradistinction from all act of commission. The learned judge-lastly referred to a case in which a person named Brown was indicted for falsely pretending to tWJ persons that he was an officer iu Her Majesty's navy and that certain goods he offered to pledge were of a superior quality to what they reallj were, by which false pretences he obtained two sums of money ot £2 10s. and £ 2 12s. In this case they would have to consider whether, in offering the goods, tha person charged merely expressed his opinion as to their being of a genuine quality, or whether he positively asserted their quality with intent to defraud. The prisoner wore what was in- tended to represent Her Majesty's uniform, but so far as he (the learned judge) could see there was no proof of the falsity of the pretence that he belonged to Her Ma- jesty's service. His lordship concluded by commending to the personal care, as well as the pecuniary patronage, of the gentlemen of the grand jury, all institutions.which had for their object the promotion of industry, sobriety, and happiness among the lower classes, and the dissemina- tion of the advantages of education, especially that of a religious character. TRIALS OF PRISONERS. MAMHIUD.—STEALING- FOWLS. Francis Reed, 43, butcher, was indicted for stealing two fowls, ttie property of Thomas Jenkins, at the parish of Mamhilad, on the 23rd July, I860. Mr. Pritehard ap- peared for the prosecution, and Mr. Smythies for the defence. Mary Jenkins, wife of prosecutor, deposed that on the morning of the day named she missed two chickens, which were brought to her shortly afterwards by P.C. Seys; she knew them to be hers by their general appear- ance. In answer to the learned judge, witness added that the old hen knew the chickens very well," and if they had not been of her brood she would have beaten them off. P.C. Seys said he was on duty between Trevethin Church and the" Folly," between four and five o'clock on the morning of Sunday, the 23rd of July, when he saw the prisoner and some other men coming in an opposite direc- tion; when the men saw him (witness) they turned over a stile into a field; he called them back, and upon prisoner approaching he heard the cry of chicken, and upon search- ing him be found the two chickens oroduced-one in each pocket; the prisoner said he had bought the chickens of a boy for Is. each; witness then collared the prisoner, and the latter attempted to strike him and tried to run away. Cross-examined: I did not see any people gathering mush- rooms in the field the men went into, but there were many persons gathering mushrooms that morning. Mr. bmy- thies havinar addressed the jury for prisoner, said he should call a tntnsKfc who arrived at the police cfturt too lute to g^ve evidence, and who would state that he saw the pri- soner buy the chickens of a boy, as he had told the police- man, which he (the learned counsel) thought the jury would consider a complete answer to the charge. John was then called, and stated that he saw the prisoner and another man standing on the road, and while he was standing by he saw the other man sell two chickens tc prisoner? or Is. a piece. Under cross-examination, the witness said the person who sold the chickens was a middle- aged plan between 30 and 40, Mr. Smythies, in continu- ing his address to the jury, argued that the term "lad" applied to persons of ail ages, but Mr. Pritehard, in reply- -mg, objected to this construction on the ground that the witness (Chambers) had made the distinction, himself, in j Saying that it was not a lad," but a man of between SO and iO, The jury having found the prisoner guilty, he pleaded guiJty to a previous conviction at. Usk Sessions, in 1858, for stealing a heifer. The learned chairman in addressing the prisoner, said the jury having assumed the evidence brought forward for the defence was false, that evidence had aggravated the case, and it was for him (the learned, judge) now to pass sentence, not alone for this offence, but also for his having been previously convicted in 1856, when he was sentenced to seven years penal servitude, which term could only have expired a short time before the pre- sent crime was committed; under a recent Act he (the learned judge) was prevented from passing a lighter sen- tence on this occasion than seven years if lie. gave penal servitude at all;" bu l he did not intend to pass so severe a sentence, as the property stolen was of small value, and be hoped that the prisoner would profit by the leniency shown him. Sentenced to twelve months hard labor. C3EISTCHUBCH.—-■AN OLD OFFENDER, George Durbin, 40, laborer, was indicted fur stealing three cheese cloths, the property of John Wiiliams, at the parish of Cfnistchurch, on the 23nd June, 1865. The pri- soner was found by a police-oiffcer, named Franklin, going c over ^Newport bridge with the property inside bis smock, early on the morning of the 23rd of June. The had been placed un the hedge of prosecutor's i garden on the evening of the 22nd, and they were now sworn to by the prosecutor's servant and his wife. The jury found the prisoner guilty, and he pleaded guilty to a previous conviction at U sk Quarter Sessions. Prisoner was then put upon his trial on a charge of stealing a candlestick, the property of John Whittaker, at the parish of Goldcliff, on the 22nd of June. This article was also found on the prisoner by Franklin, and was identified by prosecutor's wife, who had last seen it in her house about three weeks previously. On this charge the prisoner was found not guilty. His lordship remarked that he appeared to have been in a good deal of trouble, for in 1849 he had been convicted of house-breaking, for which he was sentenced to seven years penal servitude, of which term he only served about four years; and again in 1855 he was found guilty of housebreaking, in Monmouth- shire, and sentenced to twelve months hard labor, in ad- dition to being remitted back for the remainder of his former sentence; and now the lightest sentence that could be passed upon him was seven years penal servitude, which was the sentence of the court. MONKSWOOD.—STEALING MONEY. George Clements, 22, farm laborer, was charged with feloniously stealing a purse and seven sovereigns, the pro- perty of George Roberts, at the parish of Monkswood, on the 22nd July, 1865. Mr. Cleave prosecuted; the pri- soner was undefended. The facts of this case having ap- peared in our columns so recently as last week, a recapitu- lation of them here will be unnecessary. The jury found the prisoner guilty and he was sentenced to three months hard labor. NEWPORT. —SHOPLIFTING. Mary Callahan, 23, servant, was charged with stealing two pairs of boots, the property of Samuel Brown Camp- bell, at Newport, on the 14th of July, 1865. Mr. Somer- set prosecuted. The prisoner was found guilty on this in- dictment; and she was then further charged with stealing a waistcoat and two silk scarves, the property of E Iwin Fowler and Company, at Newport, on the same day, of which charge she was also found guilty, and was sentenced to six months hard labor, for the two offences. &LASCOED.—BOBBIJfGr A COMPANION. James Powell, 20, laborer, was charged with stealing a pair of boots, the property of David Saunders, at the hamlet of Glascoed, on the 24th of June, 1865. The pro- secutor stated that on the day in question he bought a pair of boots at the shop of Mrs. Gould, in Pontvpool; and he afterwards went on his way home to Glascoed with the prisoner; he was sober when he bought the boots, but he afterwards became drunk, and fell asleep by the side of the footpath, and when he awoke the boots and a wallet he had them in were gone; on the following morning he saw prisoner and asked him about the boots, when he told him to keep dark as he did when he lost a pair of trousers, and he would very likely hear tell of them." The boots were ultimately found at Bloom's pawnshop, Pontypool, where they had been pledged by the prisoner, who had previously offered them fur sale at the shop of Mrs. Gould, saying he had had them from a man named Greenwood. Alterwards, when at the police-station, prisoner told Sergt. Brooke that his mother had bought the boots for him at Mrs. Gould's. The jury found the prisoner guilty, and he was sentenced to two months hard labor. BISHTON,—CHARGE OF MANSLAUGHTER. In the case of Emma Clarke, 36, married woman, char- ged on the coroner's inquisition with killing and slaying her female illegitimate child, at the parish of Bishton, the grand jury having thrown out the bill, Mr. Pritehard, who had charge of the prosecution, said; Oil behalf of the Crown, he did not intend to offer any evidence. The jury, there- fore^ by direction of his lordship, found the prisoner not NEWPORT.—ROBBEEY BY JUVENILES. ffenry Williams, 14, and Henry Nutt, 14, were indicted for stealing the sum of 936 7s. 6d., the money of James Green, at Newport, on the 6th July, 1865. Mr. Sawyer prosecuted, and Mr. Smythies defended the prisoner Nutt. It appeared that the prisoner Williams, was in the employ and lived in the house of prosecutor, who is a dairy-man residing in Market Street, Newport, and on the 5th July, five lads—among whom -mere the prisoners—were seen about the house, during the absence of the members of the family; shortly afterwards the prisoner Williams, and another lad named Edwards, ran out of the house and they all ran away. On the following day Williams was taken into custody on suspicion, and he then made a statement in effect that a boy named Edwards had broken open a box containing the money, and that all the lads went down to the river side, where Edwards counted the money aud found it to be £36 7s. 6d. he then gave him (Williams) and Nutt 5s. each. A day or two after the robbery the prisoner Nutt was taken to the police station by his father, and be then made a statement to the same effect as that made by the other prisoner, adding that he returned the 5s. he received fro.a Edwards to the prisoner Williams, and it was stated that he had since done all in his power to assist the police in tracing Edwards, and the-other lads, but they had not yet been found nor the money. Superin. tendent Huxtable spoke of the lad Nutt, whom he had known from his infancy, as bearing a good character, and he also said that Williams had been A very much neglected lad, his mother having died when he was quite young. The jury returned a verdict of not guilty against Nutt, and of guilty against Williams, sentence upon whom was deferred. NEWPORT.—A" DODGER." a Thomas Brown, 25, clicker, was indicted for unlawfully obtaining by certain false pretences, from Morris Gold- stein and Jane Druiff, 92 10s. and zC2 12s., respectively, with intent to defraud, at Newport, on the lOtl1 of Sept., 1864. Mr. Smythies prosecuted. The dodge" alleged against the prisoner, was that of representing himself to the parties named as a naval ofneer—or as Goldstein des- cribed it, as belonging- to the "naval army"—attached to H.M.'s gunboat "Defence," which he said was then lying off tbe port. He was dressed at the time in naval uniform, as was also a companion who accompanied him, and he succeeded in pledging with the parties, who are pawn- brokers, certain articles of jewellery which, as the prosecu- tors alleged, he represented 10 be of very high value, where. as they turned out to be of a tawdry description and not worth the money advanced upon them. At an earlv stage Of the cas" the prosecution was compelled to abandon the charge ot false pretence in the prisoner representing him- self as a naval officer, from the absence of proof v.o the contrary; and the other indictments afterwards failed on t. chnieal points, so that the prisoner was discharged. THE TEEDEGAE EXPLOSION,-CHA RGE OF MANSLAUGHTER AGAINST THE MANAGES. William Bevan, (on bail), was charged on the coroner's inquisition wuh killing and slaving David Jones, at the parish of Bedweiity. This charge arose out of a recent colliery explosion in the neighbourhood of Tredegar, by which 26 lives were sacrificed. Mr. Powell, one of the counsel for the prosecution, said that as the grand jury had thrown out the bill, it had been determined not to send the case before a petty jury, and lie should therefore offer no evidence in support of the charge. His lordship having expressed his concurrence with the views stated bv the learned counsel, directed the. jury to return a verdict of not guilty, which was accordingly done. NISI PRIUS COURT.—Before Mr. Justice BYLES. THOMA3 V. SMYTHE.—COSISION JURY. Mr. H. James and Mr. Harrington appeared for plain- tiff, and Mr. Grey, Q.C., tor defendant.• Mr. Harrington opened the pleadings, stating that the action was brought to recover for work and materi Is sup- piied, to which the defendent pleaded never indebted, ex- cept to the extent of £ 20 10s. 8:1. Mr. J.itoes stated the C'i'e to the jury, from which it appeared that the plaintiff, Mr. JobTuomtW,was a marble mason, residing at -Nwoort. and the det^j<ciarit, Robert Suiythe, was a surgeon residing at Abergavenny. The latter was engaged in ouildidg, and in the month "of Mav crJuuc required certain goods, such as chimney pieces, &c., tor putting into his house. He obtained a int of de- signs and upricu list, avid ordered of the goods as described in the bill of particulars. Having enumerated the undisputed items, which amounted to £ 20 10s. 8d., the learned counsel proceeded to mention the disputed items. The first WHS for packing up the chimney pieces amounting to lis. Sel. defendant said he ought not to pay that, but on the list of designs was printed in large letters at the buttom-" packing Is. SJ. each." The nest disputed item was for the boxes m which the articles wero packed; there were five cases, which at 10s. each, would make the amount £ 2 10s.; now in the list of prices it was printed that boxes would be charged for if not returnefi within fourteen days. The defendant had kept the boxes and never thought ot returning ther> and, therefore, unless he shewed some good reason to the contrary, the jury must conclude that defendant ought to pay for them. The only remaining items were Ö8. and 2s. for cement and package, which plaintiff admitted defendant bad not ordered in the first instance, but which he (plaintiff) sent us he thought it would be required in putting up the chimney pieces. The defendant could have returned the articles if he had thought proper, but he had kept them, and plaintiff found that the cement had been used in the erection of the matble chimney pieces. The jury would find froin the evidence that defendant was to be allowed 7,YL per eeni. for ready cash, but he received the goods on the 8th ,of June, and did not offer to pay tor them till the 20th, when he tendered .a cheque for a smaller amount which was refused. Job Thomas, the defendant, said the plaintiff, with a gentleman named Smith, called at his place of business on the 31st of May, when he produced a design book with a price list attached; he went round with them and looked at a variety of chimney pieces, and he gave them the prices as the went along; he sold the articles for less moneys than they were put down in the price list—from 10 to 15 per cent less; Mr. Smith, who represented himself as an architect, said, in the presence of Mr. Smythe, that witness ought to allow the usual discount; he told them he could not as he had offered the goods under price; they could not make a deal, and defendant and his friend left, but returned in about ten minutes or so; Mr. Smith said he ought to receive the usual discount for introducing Mr. Smythe to him, and he agreed to allow him 5 per cent, and 2g per cent to defendant, making together 7A- per cent.; defendant and Mr. Smith then selected some goods, and they were sent off within three or four days by rail to Abergavenny; they were properly packed; told defendant that if he took 7 t per cent. off he should be bound to charge for packing, but he would not charge anything for the delivery to the Newport Railway Station. Henry Evans, clerk to the plaintiff, said that an invoice was sent to defendant, and he called some nine or ten days afterwards for the money, when defendant offered him <630 lis, 8,1., but he refused to take it as the bill was more; he offered to take the cement back and allow for it, but they found from Mr. King, the builder of the house, that it had been used. Charles Hobbs deposed that he was in the employ of plaintiff, and was sent with a bag of cement to fix the chimney pieces; defendant introduced him to a man who was to assist him; the next day detendant ordered him away from work, and he went, leaving the bag of cement behind. To Mr. Grey: Defendant said he (witness) got drunk when he ordered him away. Mr. Grey then addressed the jury for the defence. He said the question for the jury was simply whether they would believe the plaintiff and his witnesses, or the defen- dant and his witnesses. The defendant was buildinc a new house at Abergavenny, which Mr. King was employed to erect. The house being so far advanced that the chim- ney pieces were required, the defendant went to Newport with Mr. Smith, who was foreman to Mr. Price, who had supplied defendant with the grates and ironmongery. They selected the goods as stated, and as the list of designs and price list were some three or four years old, the prices charged by defendant were lower—more in accordance* with those of the present day. There was also 7t per 2 cent to be allowed on ready cash payment. The goods arrived safely, but as no invoice was sent defendant did not know what amount to send, and when the plaintiff's clerk called for payment he offered him £ 20 lie. 8d., but the clerk refused to take it, and demanded £21 odd. The next day defendant sent a cheque to Mr. Graham, plain- tiff's solicitor, who refused1 it, and sent in a fresh bill amounting to zC25 5s. 8d., shewing that the charging for the package, &c., was then thought of for the first time. The learned counsel contended that the boxes were retur- ned within proper time, that nothing was to be charged for packing, and that the bag of cement was not ordered nor used by the defendant. Robert Smythe, the defendant, was then called. He de. posed that after he had fixed on the things he wished to purchase, plaintiff agreed to allow n. percent, Mr.Smith said it was usual to allow 15 per cent., and plaintiff said he was allowing more than 15 per cent. because he would not charge for packing or delivery to the railway station witness told him it was not usual to charge for paeking or delivery, and he replied he had power to do so, and pro- duced the notification on the bottom of the design and price list; he subsequently purchased the articles and was to be allowed 7i per cent, and the goods to be sent tree from Newport tu Abergavenny, and no charge was to be made for package. The witness then gave evidence as to the non-receipt of an invoice, and his tendering to plaintiff s clerk, as well as to Mr. Graham, the sum of jE20 lis. 8d., the sum demanded by the clerk being £ 21 Is.; the packages were to be allowed for if they were re- turned within reasonable time and in good condition, and they were so returned. Witness asked Mr. Thomas how he was to pay, and he told him he was to pay his clerk when he came round, and the clerk called on the 21st of June, when he tendered him a cheque for j620 lls. 8d.; he knew nothing of the cement; did not know it had arrived. To Mr. James: Had not heard from Mr. King that the cement had been used; saw Mr. Graham about this matter; Mr. Graham did not say that the best way was to divide the difference as the sum in dispute was so small; but he did say "lose who may I will not lose by it;" told him he would not give in one penny, and he might have said that he would rather spend £100 than be done out of the money. John C. Smith gave evidence in corroboration of defen- dant, as to the terms upon which the chimney pieces were bought. George King, builder, of Hereford, deposed that he re- membered meeting Mr. Smythe and Evans, the plaintiff's man, when Air. Smythe asked him about the cement, and he told him he bad not seen any, but if he found out that it had been used he wouid pay for it; he made inquiries but none of the men knew anything about it. The witness Evans was then re-called, and denied that, the last witness said Lie would pay for the cement if it had been used. Mr. Grey having addressed the jury, Mr. James replied on the whole of the evidence, and contended that as the wholo amount had not been tendered the defendant fvas not entitled to the discount which had been agreed upon for ready cash. His Lordship, in summing up, said the jury had to de- termine whether the defendant and his witness, who said that the packing was nut to be charged for, had conspired together, or whether the defendant had not spoken the truth or had forgotten what took place; with regard to the boxes in which the goods were sent, it would be for them to say whether they were returned within a reason- able time. True, on the price list it was stated they would be charged for if not returned within 14 days, but he thought the jury might well read it, within 14 days or a reasonable tune, and defendant said he sent them back directly the chimney pieces were taken out of them and they would see that the boxes were of accuse to defendant, but they were to plaintiff. With regard to the cement, the defendant and plaintiff were agreed that it never was ordered; and srs to the discount, it would not have been safe for the plaintiff to have sent his cheque before he re- ceived the invoice, aud, if they believed the defendant, he was to pay the money wnen plaintiff's clerk ClliOe round, and when he did come round defendant tendered him £ 20 lis. 8d. After some further observations, his lord- ship left it to the jury to say whether the plaintiff or de- fendant was entitled to their verdict, bearing in mind that the defendant had paid into court the sum of jB20 lls. 8d. The jury returned a verdict for defendant. MARSDEN T. CITY AND COUNTY ASSURANCE COMPANY. COMMON JURY. Mr. Huddlestone, Q.C., and Mr. Matthews for plaintiff; Mr. Powell, Q.C., and Mr. Mill wllrd for defendant. This was an action for damage to a plate glass window, insured in the office of dependents, by the mob, on the occasion of a recent life at Tredegar. The defence was that plaintiff could not, under the terms of his policy, recover for dam- ago done by lire or during the removal of goods in conse- quence thereof; and also that thera was no proof of claim against the defendants who, it was shewn, had transferred tueir business to the I. mdon and General Company. His lordship said he should reserve the points -raised by the defendants, and directed the jury to find for plaintiff'. Damages £ 29 17s, 6d. Damages £ 29 17s, 6d. PRICE V. THOMAS.—COMMON JURY. Mr. Cooke, Q.C., and Mr. Dowdeswel1 for plaintiff; and Mr. Matthews lor defendant. This was an action brought by Rees Price, a builder, residing at Brynmawr, against Job Thomas, marble mason, Newport, to recover damages for an assault, committed on the 9th of January last, at the Bristol Eating-house, Newport, by which it was alleged plaintiff, besides other injuries, had his jaw broken in two places, and one of his teeth knocked out, which laid him up under the doctor's hands for four months, and incapaci- tated hiin from attending to his business for five months, moreover, he bled so profusely that during the night after the assault, the woman to whose house he was taken, thought ha would have died. The defrnce set up WitS that defendant had struck plaintiff in self defence, the latter having first struck him. The jury awarded plaintiff £ 08 damages. TUESDAY. CROWN COURT.-Bofore Baron CHANNELL. ALLEGED MURDER AT NEWPORT. &'amuele Giorgetti, 28, an Italian sailor, was indicted for feloniously killing and slaying Thomas Kelly, by ^tabbing him with a knife to the heart, at Newport, on the 28th May, 1855.. Mr. Granville Somerset and Mr. Stavely Hill ap- peared for the prosecution, instructed by Mr. -R. F. Woollett; and Mr. Matthews and Mr. Henry James defended the prisoner, under the instructions of Mr. Robert Graham. The prisoner, who was said not to understand English, pleaded not guilty in a clear and distinct voice. He leaned on the front of the dock and appeared perfectly in- different as to the position he was placed in, which de- meanour he maintained throughout the trial, except during the address of his counsel to the jury, when he gave way to some little emotion. In personal appear- ance he is about the middle height, and apparently pos- sessed of considerable muscular strength; his counten- ance is indicative of a strong determinate >h, but there is nothing repulsive about it, as had been said. Considerable difficulty was experienced in obtaining a I jury, the prisoner having elected to have one composed of half foreigners, and the counsel on either side challeng- ing so many that the panel became exhausted, whereon much legal argument was expended. At length, however, a jury was formed of seven Englishmen and five for- eigners, and after they had been sworn, Mr. Somerset opened the case, in doing which he laid the facts fairly before the jury, calling upon them not to allow anything that may fall from him or the other learned counsel to influence them in the least, unless such statements were fully justified by the facts as they came out in evidence, on wttich alone they would have to find their verdict. The following evidence was then taken :— William Gibson Pollock (examined by Mr. Hill) I keep the Garibaldi beer-house, in Commercial Road, New- port; the deceased lodged with me in May last; on the night of the 27th of that month he went with me from my house to the Salutation Inn; we started about three min- utes after 11 o'clock, and remained at the Salutation until a few minutes to 12 o'clock; upon leaving we went as far as the Railway Gates, when I parted from the deceased; the clock struck 12 just as we parted; the Bail way Gates are about 20 yards from the Salutation I went home, and directly after arriving there a person came for me, and I went to the house of a woman named Mc.Millan; upon going there I saw poor Kelly lying on the ground; I knelt down by the side of htm and put my hand inside his clothes, when I felt a wound, and my hand was covered with blood; Dr. Fennell was leaning over Kelly, and he said, "it's no use, the man's dead." I then looked at my watch and it was 5 or 6 minutes past 12; when deceased left the house he was merry but not drunk. Cross-exa- mined by Mr. Matthews I don't know that the deceased had been drinking with Ann Church that day; there were some of deceased's shipmates present when I parted with him at the Bailway Gates; I did not see other sailors about at the time; the person who called me away to Mc.Millan's was Eliza Neads; she seemed much alarmed and came in haste; the house of Mrs. Mc.Millan is a brothel. Re-examined by Mr. Hill: I had taken a bed for deceased at the Salutation that night; at the time he left the Salutation he knew I had taken a bed for him. Jane Church (examined by Mr. Somerset): I am the wife of William Church, and on Saturday the 27th of May, lived in Ebenezer Terrace; on that day I went to Mc.Mil- lan's house about 3 o'clock, and remained there until the police officers took me to the docks, which would be about half-past 12 I saw a girl named Catherine Corbett there; that was between 11 and 12 o'clock she came down stairs; about three minutes before the girl came down stairs two foreigners came in, one of them being the man at the bar; I had seen him there the evening before, and also on the Tuesday before when the girl Corbett came down stairs there were also two Englishmen there. [Upon the ques- tion who those men were being put to the witness, she gave way to a fit of crying, and had to be removed from the court.] Upon being brought back the witness con- tinued: there was in the room, when Corbett came down besides those persons mentioned, Mrs. Mc.Millan, but no one else; one of the foreigners went out of the room; it was not the prisoner; when the foreigner returned to the room he slapped Corbett in the face; as he did this Kelly came in and said, Yju are no man to strike a woman;" the foreigner then struck Kelly, and Kelly struck him back the prisoner was then standing behind the men two of the foreigners then took Kelly out, and after he had gone I saw the prisoner bend down and take a knife from his boot or his stocking and open it with a click; he then said, me rompo you plenty;" Emma Wilding, the daughter of Mrs. Mc.Millan, then came in and caught hold of the prisoner round the 'waist; saying, "Oh! dear he's got a knife; she then let him go and he instantly ran out; and as he ran out the deceased came in; when he ran out the knife was in his hand open when deceased came in he had his hand to his left breast, and staggered like' a drunken man; I was standing by his side as he came in and he said, Oh dear Jane, I am a murdered man; I am stabbed to the heart; I said go on Tom, you are not," and just touched him on the shoulder; he then fell down and died; there was no other person present with a knife but the prisoner; Dr. Fennell then came, but de- ceased never spoke again; P.S. Willcox afterwards came, 1 believe, with Pollock; I afterwards went with Willcox Emma Wilding, another policeman, and Supt. Huxtable on board of several ships, and when we reached the last ship we went to, Sergt. Willcox went down to the sleeping berths, and I then saw the prisoner j^pip out of his berth open a grating in the floor, and jumped down out of sight; Willcox followed him, and presently brought him back to the berth; and I then identified him as the man I had seen that night at Mi's. Mc.Millan's house with a knife in his hand; I saw Willcox search in the berth the prisoner had jumped from; I have not seen the knife since that night, and all I know is that it was a white han- dled one. Cross-n-camiiiod by Mir. MottUonrs; My tlUgijaad was alive oil the 27th of May; I don't trouble mv head where he is now; I sleep sometimes at Ebenezer Terrace anu sometimes at Mrs. Mc.Millan's j i had seen Kelly several times at Mrs. Mc.Millan's; I knew that night that. Mrs. an's was a house of ill-fame, else I should not hav;; been there. [Sensation.] By the Judge: I never had further intercourse with Kelly than as a friend. Cross- examination continued I did not go to Mrs. Mc.Millan's that uig ht to meet any particular man; I did not tell Eliza Neads nor Catherine Corbett that I was going to sleep with Kelly that night; Eliza Neads was not in the room when Wilding was holding the prisoner Wilding was in the room when Kelly said that about striking a woman; tHe man who came down stairs with Corbett was, I be. lieve, a foreigner; I don't know whether his hair and whis- kers were long; I did not hear him speak when he struck Corbett; I did not strike that man nor neither of the foreigners; I did not, with a porler bottle, strike some one in the room; I can't tell whether the other Englishmen were in the*foom at the time Kelly was struck; there was not a scuffle when the two foreigners dragged Kelly out of the room; the foreigner who came down with Corbett was one of those men the foreigner who had been struck was in a great rage, but he did not call out anything in a foreign language; Wilding was not in the room when JteJly was dragged out, she went out just before and came in just after; when I said I remained at Mrs. Mc.Millan's from 3 to 12 o'clock, I did not mean that I stopped there all the time; I was in and out, but I did not go from there after 6 o'clock there were more berths in the ship than the one prisoner jumped out of; I believe there were other sailors in bed iu the same part of the ship. Re-examined by Mr. Somerset; the only man I saw in a berth was the one who jumped out. Emma Wilding, daughter of Mrs. Me. Millan, corrobo. rated the last witness as to what occurred in the house up to the time of her catching hold of the prisoner round the waist, and, in cross-examination, said she did not see the witness Church in the room at the time the prisoner opened the knife. On being further questioned she said she was in the room the whole time from when something was said about striking a woman; she did not see Kelly dragged out by two foreigners; she believed no one was in the sitting-room when the lor nir came down stairs with Corbett, but herself, her moLcr, and the prisoner; neither Church nor the Englishman were in the sitting room while she (witness) was there nor she Óci not see Corbett struck; Kelly used to go to the house to see Jenny (Mrs. Church), as ho knew her sister. Re-examined: Kelly did Dot come to the house to see Mrs. Church in any other capacity than as a friend of her sister's; I was in the sit- ting-room all the time from 11 o'clock until the man was dead I heard the deceased's voice when he said about striking a woman, but I did not see him until he stag- gered in and died. Sarah Mc. Millan deposed: I live in Bishopsgate-parade, Newport; I know an English sailor called" Long George;" I remember Kate Corbett bringing in three foreigners, about half-past or quarter past 11 on the night in question; she went upstairs with one of the foreigners, and thn other two foreigners walked up and down the passage and sit- ting-room; one of them was such a frightful looking man— with scarcely any hair on his head, and his eyes staring so wildly-thåt he nearly frightened the life out of me." [The witness was here asked if she saw either of the fo- reigners in the court, aad utter looking round for some'time she pointed out the prisoner at the bar us the man who had frightened bar.] Examination continued I saw Corbett come down stairs, and saw one of the foreigners slap her in the face; I afterwards saw Kelly come in, and heard him say it was unmanly to strike a woman; my daughter shortly afterwards cried out, Oh! mother, he has got a knife;" I then went into my own room and shut the door, being frightened I saw nothing further until Kelly came in and said he was a murdered man. Cross- examined by Mr. Matthews: there were three foreigners in the room when the girl's face was slapped. [In answer to the question whether the house was one of ill-fame, the witness said she did not wish to deny what was the truth]. Be-examined: when I heard the deceased say he was stabbed, I was in my room, and the door was shut. Catherine Coroett (examined by Mr. Hill) I am a sin- gle woman; on the 27th of May I was living at the house of Mrs. Mc.Millan; on the evening of that day I went out with three foreigners, of whom prisoner was one; we went to several houses, and returned to Mrs. Mc.Millan's about a quarter past 11; I then went upstairs with one of the foreigners; I was upstairs about ten minutes, or not so much, I came down stairs first; the prisoner was standing by the door and there were:alsu there Mrs. Mc.Millan, Mrs. Church and five or six men, one of whom, named George, asked me to sit down by him; the two foreigners then went upstairs and fetched the other one down; one ot he foreigners afterwards came and slapped me in tne fao*; Kelly then got up and said "that's not like a man to sf riko a woman; the foreigner then struck me again, over Kelly's shoulder; a scuffle then took place between the prisoner and another foreigner and Kelly; I then saw Jane Church strike the foreigner that went up stairs with me with a I porter bottle; the foreigners rushed out; I was then standing behind Mrs. Mc.Millan for fear the foreigner* would strike me; I saw Kelly stagger round the table and die; but I did not see him go out of the room or come in. Cross-examined: Kelly was taking my part, and in the struggle it appeared that he was trying to put the foreigners out; the foreigner I went up stairs with had long hair and whiskers; but when I saw him next, on the following Sunday week, he had his hair cut short, so that I had to look close to recognise him; Mrs. Mc.Millan did not leave the room while I was there; I did not see Emma Wilding in the room at all after I came down stairs, nor did I see her catch hold of the prisoner or any other per- son; I don't believe Kelly left the room at all; Jane Church struck one of the foreigners on the head with a stone porter bottle several times; I heard Jane Church tell Neads in the course of that day that she was going to sleep with Kelly that night, fit was here elicited that tlin witness was not examined before the magistratrs.1 Examination continued It was principally between Kelly and the man I went up stairs with the row took place; I did not see the foreigners nor anyone else leave the room. Richard Lewis (examined by Mr. Somerset): I am a fitter living at Newport I vi as outside the house of Mrs. Mc.Millan, or Wilding, with a man named Preece, on the night in question, when I saw three men rush out of the house, one with a knife in his hand; they were going in the direction of Pill-road, which would lead to the docks. Cross-examined by Mr. Matthews: It was the first who had a knife; there was more distance between the second and third than between the first and second. William Preece (examined by Mr. Hill) corroborated the evidence of the last witness as to seeing three men running out of the yard in which was the house in ques- tion, but added that he did not noiice anything in either of their hands. ° George Wilcox (examined by Mr. Somerset) I am a sergeant of police at Newport; I was called to the house of Mrs. Mc.Millan on the morning of the 28th of May, about half-pjst twelve o'clock; I saw the deceased lying on his back dead I saw Jane Church and Emma Wilding there, and went with them, Superintendent Huxtable, and another policeman to the docks; I went on board the Genoese vessel the Felice, and on going into the forecastle a man jumped out of his berth and ran through the chain locker into the hold; I followed him, and saw him going towards the after part of the ship; I then lost him until I saw him going up through a trap door; I followed, and found a way into the forecastle, but I could not find pri- soner; I then stationed some officers on deck and went in search of the prisoner, whom I at length found in a bread locker in the cabin; I brought him out, and the witnesses Church and Wilding identified him; I tbcn gave prisoller in charge of another officer and went to search his berth, where I found in a little canvas bag, nailed to the side of the ship, near the head of the berth, the knife I produce,' which has marks of blood on it. [Some sensation was caused by the production of the kuifj, it being one of a most formidable appearance, resembling in shape a dagger, with a spring to prevent its closing when open.T Witness cross-examined: I know that most foreign sailors carrv knives. Be-examined: I hive never seen a knife with shoulders and springs like the one produced. John Huxtable, Chief Superintendent of the Newport police, deposed that be, with the last witness, went to search several vessels in the dock, amongst others the Felice, a ship of 700 tons register and 1000 tons burthen— [The witness here described what took place at the shipJ- and continued: I have made inquiries respecting the other two foreigners, and for an English sailor known as "Long George," but without' being able to bring them here to- day. Cross-examined: I was informed by the girls, Church and others, that "Long George" had sailed on the Monday following the occurrence. Benjamin Davies (examined by Mr. S»merset): I am a surgeon practising at Newport; on Monday, the 29th of May, by direction of the coroner, I made a post mortem examinatian of the body of Thomas Kelly I found a wound a little below the left nipple, passing upwards through the chest and through the pericardium, or bag en- closing the heart, and entering the heart itself, making an opening in the right ventricle, the ohest and pericardium being full of blood; such a weapon as the knife produced would inflict such a yound as the one I have described, which was sufficient to causa inatnut Oeaili; the knife must Wo gouo in up to the hilt. By the Judge: It is not un- common in the case of a wound of this description for a profusion of blood not to be apparent, as the wound would quickly close up. Mr. Somerset then addressed the jury in support of the evi- dence, averring that the slight contradictions that might appear in the statements or the witnesses, y/as due to the short space of time the whole affair occupied,-uot exceeding three minutes, and to the fact that the witnesses themselves were there to tell of their own shame. He argued that if the canital crime was not made out to the satisfaction of the jury, a verdict of guilty of manslaughter wis inevitable. Mr. Matthews replied in a powerful and telling speech, in which he urged upon the jury the doubts and uncertainty, the innumerable contradictions, and the disreputable characters of the witnesses gave rise to, with regard to the identity of the prisoner as the man who struck the fatal blow. He said it was impossible they could on such evidence find the prisoner guiity of murder, and he strongly questioned whether they could see their way clear to return a verdict against him at all. His Lordship summed up at considerable length, carefully distinguishing the crime of murder from that of manslaughter. The jury retired to consult, and, upon their return into court, delivered a verdict of guilty of manslaughter, which was communicated by the interpreter to the prisoner, who exclaimed, I am innocent," and gave way to considerable emotion. His Lordship in brief terms sentenced the prisoner to ten years penal servitude, at the same time telling him that the jury had taken a very merciful view of his case. The hearing of the case occupied all day and until nine o'clock in the evening, the court being crowded throughout by anxi- ous spectators. A report obtained currency in the town on the following day, that the prisoner had confessed, but we were informed on the most reliable authority that the so-called confession, which was made to the ITiijh Sheriff in the Italian.language, amounted to nothing more than a statement before made by the prisoner, viz. that as he was rushing out of the house, with the knife in his hand, he fell or was pushed down into a crouching position, and that the knife was then snatched out of his hand. NISI PRIUS COURT, before Mr. Justice BYLES. WILSON V. NEWPORT DOCK COMPANY.—SPECIAL JURY. r. Cooke, Q.C., and Mr. Dowdeswell for plaintiff; Mr. Huddleston, Q.C., and Mr. Grey, Q.C., for defendants. This was an action for the recovery of £2,000, for damage sustained by a vessel called the Lord Elgin, belonging to the plaintiff, an eminent ship-owner, in entering the defendants' dock. The defendants had paid jElS into court. The ju y after being looked up for seven hours returned a verdict for plaintiff, sub- ject to the decision of the Court of Exchequer with regard to certain points reserved. DUTFIISLI) v. SPEAKY.—COMMON JURY. Mr. Griffiths for plaintiff, and Mr. H. James for defendant. This was an action brought by plaintiff, a farmer residing at Penhow, to recover from defendant, a hay-dealer, residing near Newport, £ 05 10s., balance due on the sale of some hay. A verdict was (jivea for the amouut claimed. WEDNESDAY. CROWN COURT.—Before Baron CHANNELL. CHARGE OF PEKJUKY. Edmund Waters. 47, collier, was indicted'for having commit- ted wiitui aud corrupt perjury, in a case in which David Howells was charged with pe;jury, at the Monmouth A.ssi«es^ on the 31st March last. After a lengthened hearing the ju £ S acquitted the prisoner of the charge. LLANGATSOOK LINOOBD.—LARCENY. Leah Jones, alias Whitman, who had pleadør1 guilty on Mon- day to an indictment for stealing a vanety of ar-ticies, the Vr0~, perty of John Evans, at Llangattock Lingoed, 011 the 10th °- July, was sentenced to 6 months hard labor. DEFERRED SENTENCE. Henry Williams, the lad who was found guilty on Monday of stealing the money ot James Green, at Newport, was senten- ced to one mouths' imprisonment, and to be afterwards in a reformatory for 4 years. BILL IGNORED. The Grand Jury tl^-ew out the bill against Ames Smith, for stealing a silk pocket handkerchief and V- perty ot John Pu^h, at Abergavenny. The business of the Assizes was concluded about two o clock this day ("W ednesday). [Other Assize Intelligence on 1st Pa\7e-l .=.= Printed and Published by the Proprietor, WILLIAM CTJA&K, at his Offices, Bridge Street, Utb) in Co^V MowmitJh August 12, t865.