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MONMOUTHSHIRE SUMMER ASSIZES.

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MONMOUTHSHIRE SUMMER ASSIZES. The commission for these assizes was opened on Saturday, the 5th lust., before Sir Robert Monsey Rolfe, Knight, and Sir Thomas Joshua Platt, Knight, both barons of the Court of Ex- chequer. TRIAL OF PRISONERS.—MONDAY, AUGUST 7. Robert Green, St. Woolas, charged with having, on the 25th ,of -ff,,tv list, feloniously stolen three shillings, two sixpences, and one fourpenny piece, the property of Mr. John Rogers, pleaded Guilty, and was sentenced to four months' hard labour. Eliza Johns, charged with having stolen four lengths of cord- wood, of the value of twopence, the property of Charles Mad- dox, pleaded Guilty, and was sentenced to one week's impri- sonment. Mary Thomas, a glrl about 15 years old, was charged with stealing two lengths of cordwood, of the value of one penny, the property of Charles Ma.ddox, found Guilty and sentenced to a week's imprisonment. Philip Vauf/han was indicted for stealing three five pound nates, the property of Walter Smith, of the Market Tavern, Monmouth. Mr. Smith, the prosecutor, examined by Mr. Rickard, deposed that prisoner came in and asked him to change a sovereign; he had not enough of silver left his purse on the tablewiih the prisoner, who was alone in the room, and went for change to his wife, who was in the next room. Did not see nor feel the three live pound notes in the purse be- fore he left the room, but had seen them ten minutes before, and missed them in a few minutes after the prisolier loft. Ver- dict, Not Guilty. Thomas Alexander, arraigned for having stolen one mole trap, trie property of Mr. William Williams, Goetre, pleaded Guilty, and was sentenced to 14 days" hard labour. ""IVUliam Daoies was indicted for having stolen one pair of trowsers, the property of David Price, tailor, Abersychon. Verelict, Not Guilty. Eliza Martin pleaded Guilty to a charge of having stolen one gold watch key, valued seven shillings, the property of Robert Williams. Sentenced to three months' hard labour. Israel Evans pleaded Guilty of having stolen one hundred and ten pounds of iron, the property of Wildams and Co., Gelynos. Sentenced to six months' hard labour, and to be once privately whinped. Charles Poland was charged with the same offence, found Guilty, and sentenced to the same punishment. John Emory was indicted for having at Chvistchurch killed one ewe, valued fifty shillings, and stolen two hind legs of the same, the property'of Mr. John Lloyd. Found Guilty, and s"nt°'nced to ten years' transportation. WHliam Willctt was charged with having stolen twenty shillings, the property of Mrs. Mary Hedgings, post-mistress, hep's tow. Verdict," Guilty. Sentenced to eight months hard labour. John Eaves pleaded Guilty to-a charge of having at the parish of Llanishen stolen one fowl, valued two shillings and sixpence, the"property of John Jones, and was sentenced to two months' hard labour. John Ford was arraigned for having at Blaenau stolen a silver watch, the property of James Rosser. Pound Guilty, and sentenced to three months' hard labour. Joseph Whitehill was indicted for having nt Newport stolen one yard of twilled serge, valued three shillings and sixpence, ■ho property of Mr. Phillip John his employer. Verdict, Guilty. Sentence, twelve months' hard labour. John Griffiths charged with having at Newport stolen three j)ioce3 of brass valued ten shillings, tho property of John V>Tinston; and also with having stolen one brass bearer of the value of two pounds, the property of William R:)bins Davies, was found Guilty and sentenced to four months' hard labour. Thomas Morgan, against whom a true bill had been found the last assizes for obtaining by false pretences a shovel, the property of Thomas Maddox, was arraigned. But no evidence impearing against him he was discharged. TuESDA-t, AITGUST S. Aune Lewis pleaded Guilty to a charge of having at Newport sioien one cap, the value of two shillings and sixpence, the pro- perty of Deborah Howard. Sentenced to one month's hard la- °Mary Anne Mariram, pleaded Guilty of having, at the parish of Trevethin, stolen three gowns, three shawls, and two petticoats, Tie property of John Morgan. Sentenced to three months' hard t,¡bour. John Slain pleaded guilty to having stolen tools at Aberys- "t.vyth, and was sentenced to six months hard labour. Joshua Fisher was charged with having, at the parish of Saint stolen one waistcoat, valued and one pair of trowsers, valued 8s. Found Guilty, and sentenced to six months' hard labour. John Sexton was indicted for having, assaulted and severely z, wounded with a poker, with an intent to do bodily harm, Richard Godwin, when about distraining for ret.ton one of the name f Gimlet at Cwmbrane Works. Found Guilty cf a common assault. Sentenced to pay the penalty of one shilling, and demanded to find two recognisauces of ten pounds each to keep the peace for two years. Charlotte Cook was arraigned for stealing at Newport one pair of boots, of the value of two shillings, the property of Jonah Jones. Verdict, Guilty. Sentenced to one month's hard labour. William Allen was chargcd with having embezzled certain monies, the property of his employer, James Wintle, spirit- vierc-h,,tnt, iNeipo--t. Aequittid. John Collins, against whom no true bill could be found of a charte preferred against him of putting off a forged order for the payment if money, with intent to defraud Thomas Davies, was disch rged.. WUliam Prltchard was also discharged m consequence of no Vv.e bill being l'ouad against him for embezzling, at the parish of Pun"-tcg, certain monies tne property of William John, his master. "TRIAL OF THE MURDER CASE AT THE NEW- PORT BARRACKS. Ma!thins Kelly, aged 22 years, a private of the 14th regiment of foot, was arraigned at the bar, charged with the wilful murder of Agiiai Hill, at the Newport barracks, by deliberately shooting her on the 27th of May last. Mr. Greaves, who, with Mr. Skinner, appeared for the prosecu- t on, opened the case, and briefly impressed the jury with its im- por a,c.e and solemnity, entreating them to dismiss from their n i-i;? everything that they had previously heard of it, and judge fcimply from the evidence that would be adduced. John Mi chell, examined by Mr. Skinner, deposed: lama p-rivate in the 14th regiment; I quartered in the barracks; Kelly had a share of my room I was with the regiment at Plymouth Itrnes Hill was there a servant at the Plymouth canteen; she o «ne to Newport after the regiment; she was keeping company with the prisoner; on the 27th of May last, between 11 and 12 o 'clock in the forenoon, he saw Agnes Hill in company withDen- 11b Doharty coming up from the canteen in the direction of the W'acks- they were in the barracks square; prisoner was not in the square then he (witness) went into his room prisoner came in there in about ten minutes after; the men are supplIed with ten rounds of ammunition supplied also with ammunition boxes aad pouches; prisoner had a box, and took down his box when he came then to the room he took out the pouch and the tin case he turned the box upside down, and knocked the bottom of the tin case with his hand to get out the ammunition this was not a proper time for soldiers to get out their ammunition; did not ob- serve whether he took out ball cartridge with him; saw the prisoner then leaving the room the men's firearms were kept in their rooms in a rack on the wall; prisoner returned to the room, in about five or six minutes after he lei't saw him ramming dew" his firelock after he returned thought he was cleaning it; d d not appear excited he left the room again in a few minutes, and took his firearms with him witness in about two minutes &fter heard the report of a gun he then went to the window, and 3LW aov some men coming to Agnes hill, who was in the act offdl. I NN -'1, ioe ke then left his room, and went out to the woman helped Ihem to carry her to the hospital; Dr. Walha attended witness saw Agnes Hill dead the next c.ay. Cross-examined by Mr. Keaung, lw counsel for the prisoner C;-O' titnint The ammunition pouches are hung over every man's bed I was in the barrack-room live or six minu es each hrearin is kept in a was out abut ten minutes e<»u1.1 not have b.en leis than five mltw.w at least; my attention was not aroused ■-■■■■ till he used the ramrod; he then went out immediately; I shortly after heard the report. Michael O'Dwyer was next examined by Mr. Greaves, when he deposed: I am a sergeant in the 14th regiment of foot. I remember being at the barracks on the 27th of May last. Have known the prisoner for six months. The tatoo was beaten on the night before the deed was committed, at nine o'clock pri- soner was kept in custody that night, and taken next morning before the commanding officer for coming in late and getting drunk had for this six days' confinement in the guard-house, which, however, left him at liberty to walk about the barracks, but not to go out of it. This sentence was passed on prisoner about 11 in the forenoon. When standing at the barracks door I saw prisoner passing by me to his room. Saw him again in about five minutes had a firelock in his hand I believe it was on half cock. Came so near as four or five yards to me. He might have been taking his firelock to the armourer's. I saw Agnes Hill at service in the Plymouth canteen. I saw prisoner and saw Agnes Hill also in the barrack-yard about half-past eleven o'clock that morning, when I was near the 9 back door of the barracks. Heard prisoner say something to the effect, "Turn out of the way," when in the barracks-yard. Saw nobody very near but Agnes Hill. After he cried out I turned round and heard the report of a gun. I saw him before I heard the report. He carried the firelock a little above his hip pointed it in the direction of the woman. When I heard the explosion she was six or seven yards from the prisoner; he afterwards stood. The child which I had in my arms prevented me from interfering. I was at the distance of four or five yards. Had I not the child I would have interfered. The woman stood after she had been shot. The soldiers have no business to take their firearms to the barrack-yard unless on parade prisoner was not then on duty. Saw him after in the guard- house in custody. I heard him asked why he did it, and say he was determined to put her out of the way. I examined the wall and found a mark on it where the ball, which went through the woman, had touched I could not find the ball. I examined the prisoner's ammunition box, and found one round wanting. Cross-examined by Mr. Keating: I was in the yard about ten or eleven minutes before I saw the prisoner going towards his room. I saw hirnagain in three or four minutes he could have loaded his musket sooner, and returned to me. I saw the deceased standing still after I heard the report. When heeried out I was looking at him. I did not see him after till he dis- charged the firearms. After the shot was fired, I went to the guard room in a quarter of an hour I saw the ensigns there; remained there two or three minutes. There were several sol- diers in the barrack-yard when the woman was shot. There is a sentry at each barrack gate. Prisoner was transferred to my company about six months before. His character, from the first time I knew him till he met Agnes Hill, was that of a good steady soldier. lie made no attempt to escape after he com- mitted the offence. Patrick Rolley, examined -by Mr. Skinner, deposed: I was, on the 27th of May last, between 11 and 12 o'clock, standing in the barrack-yard. I saw Agnes Hill and Doherty coming from the canteen. The prisoner Kelly was for a minute or two watching them from his passage door. He went in after he had then no firelock with him. I saw him again in two or three minutes with a firelock. Agnes Hill: and Doherty were then standing and conversing together. Doherty and I were face to face, and the woman standing between us; she was about thirty inches from me. Kelly came out with his firelock I saw it cocked; he walked on about seven or eight paces, with his firelock on his right side. He then shot the woman. I saw him make no motion. The woman shortly after fell. I saw some blood there. Corporal Stokes after took the prisoner. Cross-examined by Mr. Keating: It was about eleven o'clock in the morning when I saw prisoner first that day. I saw him near the passage door. I went to the cookhouse, and did not see prisoner till I came out. I'saw him then going to the barrack passage I saw him next coming out with his tire- lock. I saw Agnes Hill first that morning coming towards the direction of the canteen with Doherty's brother it was then 25 minutes to 12. I saw her again going the same road back. I saw her next coming from the canteen with Doherty; they came up to me, and stopped. I saw prisoner at the time the musket went off; he held it with both hands. Cross-examined by Mr. Greaves He took no aim at all at the deceased. Yes, the musket pointed towards her. Prisoner could not see the canteen from where he stayed at the passage doOT. Dennis Doherty, examined by Mr. Greaves, stated I was at the canteen between 11 and 12 o'clock, on the 27th of May last, was there then with the deceased had a glass of beer with her. I cannot say who paid for it. I was with her there about two minutes; she came out after me; she came up towards the barracks. I met Kelly in the way coming down against me; he had nothing in his hands then. He then said to Agnes/Hill, What business have you to speak to HansellShe said she could speak to whom she liked. He asked her to give him a shilling; she said it was her own money, and that he had taken 5s. off her the night before and spent half-a-crown of it, and gave her only half-a-crown back of it. He told her to come to him before she went home, that he wanted to speak to her. Kelly then went towards the barracks. Agnes Hill and I went towards the barracks. I saw Kelly after in ten minutes. Agnes Hill and I were then still going up towards the bar- racks we were walking all the time. He then had with him his fire irms he was then very near Agnes Hill, within a yard or two. He told me to stand one side. I cried out, Kelly, what are you about ?" I saw him then holding his firelock with both hands and pointing it to Agnes Hill. There were then some of the men loitering about. Cross-examined by Mr. Keating: I knew Agnes Hill before was not in the habit of going to see her she was out of a situa- tion stayed at Noah's Ark, Newport; there were a good many soldiers and my brother at the canteen when we were there; I do not know who paid for the glass of beer; did not see Agnes pay for beer I went up from the canteen with her; we met the pri- soner no one else was present when the conversation took.place. I was not taken before the magistrates on the 28th of May las6; I marched that day to Dowlais. William Astorn Stokes, corporal, on being examined, deposed On the 27th of May last I saw Agnes Hill and Dennis Doherty, when I was engaged in spreading clothes on a line; I heard th report of firearms I then saw the prisoner carrying a firelock, and Agnes Hill staggering. I took the musket from him it was quite warm; he said to me I have done it; I sha'u't run away, cor- poral. Cross-examined by Mr. Keating: He offered no resistance; I was about twelve yards from him when I was spreading clothes on the line. ftphen English, superintendent of police, Newport, on exami- nation, stated: In consequence of information I had received I took the prisoner into custody on the 27th of May I told him it was for shooting the woman he said" I am guilty, and ready to suffer for it." I met Dr. Young when taking the prisoner to Newport in custody he asked I* that the soldier who shot the woman?" Prisoner said "lam;" he also asked was it acci- dental P" and prisoner said it was not." I saw Agnes Hill on Friday she asked me to write a letter to her mother; I in- formed the prisoner of this, and asked him if the proper address was Mary Hill, Dartmouth, Devon he said it was. Henry John Davies was examined, and gave evidence that pri- soner made the following confession before the magistrates at Newport, and signed it: "I own I have committed the crime pf murder, and I am willing to die for it. I had been to the guard- ruom on the 25th. About ten o'clock she came to the gate, and sent James Payne to me; she wanted some money. I sent her Ollt half-a-crown. She had been out to the best of my opinion half-an-hour in the meantime. She came out in the passege, and sent me some velvet to put on my coat. The man that brought it said she wanted to speak to me. I went out and spoke to her she asked me what confinement I got in the barracks. I said about six days. She asked for some more money. I told her she had half-a-crown that day, I would give her more in the even- ing. She said half-a-crown was not enough to get her dinner; she told me she did not want money from me, that she could get it from another man. I told her to come in the evening or the morning. She went away, and brought two men to the canteen, and treated them with the money I gave her. I have no more to say. By she I mean my mistress." Martin Ryan, sergea t, was next ex;)inine(l. He stated I saw prisoner in the gard ,n immediately after the occurrence I said to h,m I am sorry for what has passed." Hereplied" I am sorry too but it is ho use to talk now." Dr. William Wallis deposed I am surgeon to the 14'h regi- ment saw Agnes Hill immediately after the deed was committed I examined her in the hospital,, and found a wound on the lower part of the belly, and another opposite it behind such wounds as might be made by a ball. She died the next day at twelve o'clock. I made an examination, and found that something had passed through the body; it was sufficient to cause death. James Payne, a private, who had given evidence before the magistrates at Newport against the prisoner, having since deserted from the regiment, did not consequently appear. M-r. Keating, in addressing the jury on behalf of the prisoner, Z" 9 said that while he was far from considering the evidence produced insufficient to substantiate the melancholy fact that the prisoner had been the direct means of taking away the life of Agnes Illip, he could by no means regard the crime as a wilful murder, but rather a manslaughter, committed under excited feelings of jea- lousy, which had amounted to frenzy, and. which had been caused by the provocations given by the deceased that it was an act which the prisoner, in his right state of mind, would not have committed for a thousand worlds upon an object which evidently he loved so dearly that there was not a shadow of proof that he had the least malice towards her that he perpetrated the cruel deed in broad daylight, in the presence of the many men whom he knew had their eyes upon him and that he did not make the slightest effort at committing it secretly, or afterwards to con- ceal it. Col. Barlow and Adjutant MacDonald came forward and gave an excellent character to the prisoner up to the time of this horrid occurrence. His lordship summed up the evidence, and in addressing the jury, differed from the learned counsel, Mr. Keating, and con- tended that influenced by the momentary excitement of passion to take away human life can be nothing less than murder in the eye of the law. The jury, having retired for a short time, returned with a ver- dict of GUILTY. His lordship, after addressing a few remarks of a moral ten- dency to the unfortunate prisoner, pronounced the sentence of death in the usual manner, to pen which verbatim would only wound the bosoms of our humane, civilised, and rational readers. [We understand that the inhabitants of the county, and particu- larly those of Newport and Monmouth, recognizing the inu- tility, unreasonableness, and even the cruel barbarity of murder- ing one man for murdering another, intend to petition her Ma- jesty to respite this unfortunate individual. We trust that all will promptly and strenuously co-operate in the philanthropic attempt.]

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