The North Wales Times

DENBIGHSHIRE ASSIZES. The Winter Assizes for the county of Den- bigh, were opened at Ruthin, on Tuesday, be- fore Mr. Justice Darling. His Lordship arrived in town on the previous day from Beaumaris. Upon arrival he was met at the station by Sir, George Everard Arthur Cayley, High Sheriff. Mr. E. J. Swayne, acting under sheriff, and a posse of Constables, under the command of Supt. Hugh Jones. His Lordship attended divine service at St. Peter's church, when a sermon was preached by the Rev. Canon Lewis, rector of Trefnant, the high sheriff's chaplain. The Court was opened on Tuesday at a quarter past ten, when His Lordship was accompanied by Sir George Cayley, Mr. Gold Edwards, un- der sheriff, Mr. Swayne, and Mr. Crompton, clerk of the Assizes. There were also on the bench, Canon Lewis, Miss Gold Edwards, Mrs. Swayne, and Miss Lloyd Williams. THE GRAND JURY. The following gentlemen were sworn on the Grand Jury :— Col. W. Cornwallia West (foreman). Capt. Griffith-Bosea wen. Mr. W. D. W. Griffith. Major R. F. Birch. Mr. W. Kerr. R. M. Biddulph. Sir W. Grenville Williams. Col. A. Mesham. Capt. Cole. Mr. G. H. Denton. „ T. Williams. George Blezard. Dr. T. E. Jones. Mr. J. D. Miller. „ E. O. Y. Lloyd. John Morris. Col. Heaton. „ W. S. G. Ellis. Mr. B. Lloyd Edwards. Mr. J. O. Pugh. „ W. Foulkes Jones. T. A. Wynne Edwards. THE CHARGE. His Lordship in charging the grand jury said he regretted to say that the calender showed that the number of bills to be preferred before them was somewhat greater than the average, and the offences were, some of them of a very grave character. Unfortunately there was one charge of murder. He need ,only say with regard to this that the facts were very .simple, and so far as the grand jury were concerned their duties would be light in the matter. Obviously the case must be inquired into, whatever the nature of the defence might be. However. t1, "f +h" "J'' inrj- would be to rflturij ;"avr-, .Lse was! the case in which Andrew tX-nes and his wife were ehsrgeu with the manslaughter of a I child. 'I Hey appeared to be perssms who stood in the position of parents to the child, though I not related to it. Therefore they were bound to take care of it, and he thought the g. ftud I jury would be sa tisfied that the child* earm- by his death while in the care of these persons, under circumstances which certainly demanded a full and public investigation. Another case of gravity, but onelwhich would hardly trouble them was the case of Ellis Hughes, a man charged with shooting. There was also a case which he hoped the grand jury would take last, because it was one that would mean a rather prolonged consideration. It was the case of Hugh Henry Hughes. This man was charged with fraud, or having made use of false pre- tences. He had no doubt there were gentle. i' men on the grand jury who would know what it was necessary to be satisfied of in order that there should be a false pretence-a false pre- tence of some existing fact. It seemed an odd thing that the fact should exist although the pretence were false, but it must be a false pretence that some fact did exist, and upon that they must be satisfied that the prosecutor parted with his money. This was a case which would require a little careful investigation. There was one other case he might mention, not for the purpose of pointing out any defects because it seemed to him do simple and short a case that he would ask the grand jury to take it first. This was the charge of forgery pre- ferred againt one Grace Jones, which was the first on the calender. THE COLWYN BAY FORGERY CASE. Grace Jones, 23 years of age, waitress, was put up for trial for having feloniously uttered, and put off a certain forged cheque for 92 5s. 8d. with intend to defraud, on the 5th of November, at Colwyn Bay. Prisoner pleaded not guilty. Mr. Trevor Lloyd (instructed by Mr. Crabbe, Abergele) prosecuted, and the prisoner was defended by Mr. Samuel Moss, M.P., (instruc- ted by Messrs. Jones, Porter, and Amphlett. Colwyn Bay). In opening the case, Mr. Lloyd said that on the 5th of November, the prisoner appeared to have met a little boy named Henry Gill, 12 years of age, and handed to him a cheque for 92 59. 8d. made out payable to Miss Barlow, manageress of Moon's Hotel, and signed 'E. Stephens.' She promised the boy 3d for his trouble in cashing the cheque for her. He went to different places, and failed to cash it. Finally he cashed it at the shop of Messrs. R. E. Jones and Son, stationers, Colwyn Bay. The boy handed the money to the prisoner. It soon transpired it was not a genuine cheque, and Miss Stephens repudiated to the Sergeant of Police the signature upon the cheque. The prisoner was interviewed by the Sergeant, and she made different statements to him. First of all, she said she got it from Miss Barlow three weeks previously, and gave cash for it. Sub sequently prisoner appeared to have thought better, and said to the Sergeant If yon come to my house, I will tell you all about it.' She then said that she received the cheque from a commercial traveller in the train. He had asked her to go to Llandudno, but that she refused, and spent the money. That was really the whole case. On the following day a letter (signed G. Jones) was received at Mr. R. E. Jones, stationer where the cheque was cashed. In this letter, prisoner said that she was sending back the 92 5s. 8d., and expressed her sorrow for having taken the cheque from the man. Henry Gill, Colwyn Bay, was the first wit- ness called, and proved having cashed the cheque for prisoner on the day in question. The prisoner, when he gave her the money, cheque for prisoner on the day in question. The prisoner, when he gave her the money, said she would have another cheque for him to cash of £ 20. Mr. Trevor Lloyd explained that the witness whom he intended to call next was Miss Lilly Williams, who cashed the cheque. She was ill, and could not attend the court, but unfortun- ately there was only an affidavit by Dr. Rus- sell, who was also not in attendance in person. Mr. Francis Nunn, solicitor, Colwyn Bay, was however present in court, and could give evidence as to witness' condition. The Judge consented to Mr. Nunn being called, and he stated that the girl and her mother called at his office the preceding day. Miss Williams appeared to be very ill at the time. The Judge said as the case had been opened he could not admit the witness' depositions on this evidence, nor could he adjourn the court for the attendance of the doctor. People were entitled to the benefit of the accidents of war, and so the defence was in the present case (laughter). Mr. Trevor Lloyd said the absence of this witness was a bit awkward, still he thought the testimony of the boy who took the cheque, and gave prisoner the money, would suffice. Mr. G. P. Jenkins, manager of the N. and P. Bank, Colwyn Bay, gave evidence, and in cross-examination stated that Miss Stephens' signature was a very varying one. Miss Stephens proved keeping her cheque book in her sitting room where she did her writing. Miss Barlow said she did not endorse the cheque. Sergeant Tibbit also gave evidence. Mr. Moss for the defence said he had only evidence as to character, and Mrs. Margaret Ellen Jones, of Bangor, with whom prisoner had been in service came forward, and stated that prisoner had always been upright and honest. Other witnesses as to character were being called, when The Judge said that as Mr. Lloyd did not cross-examine, it was unnecessary to proceed further. Addressing Mr. Lloyd, His Lordship said there did not appear to be evidence to support the count for forgery. Mr. Lloyd said he agreed with His Lordship but contended that there was ample evidence as to the uttering of the cheque. The count of forging having been abandon- ed, Mr. Moss addressed the jury, and pleaded that there was not sufficient proof to show that prisoner had knowledge of the fraudulent char- acter of the cheque so as to justify convic- tion. The jury after a short deliberation found prisoner guilty, and recommended her to mercy. The Judge called the father of the prisoner, a quarryman. He stated that his daughter had been from home since she was 13 years of age, having had to earn her own liv- ing. He was quite willing to be bound over in the sum of 920 that she would be of good behaviour, if liberated. His Lordship then directed the father to be bound over in the sum of £20, and the prisoner herself in the sum of JE5. The prisoner had been convicted on the clearest possible evidence, but he felt that a long term of imprisonment would do more harm to her than good. Prisoner was then discharged. THE LLANGERNIEW ALLEGED INDECENT ASSAULT CASE. The grand jury returned a no true bill against William Hugh Williams, labourer, who was charged of unlawfully, and. indecently assaulted and illtreat Mildred Hannah Wil- liams, at Llangerniew, on the 26th of Decem- ber. A COLWYN BAY PERJURY CASE. Mary Jones, 37 years of age, laundrymaid was indictefor committing wilful and cor- rupt perjury at the Colwyn Bay Petty Sessions on the 22 November last. Prisoner pleaded not guilty. Mr. Samuel Moss, M.P., (instructed by Messrs. Porter and Amphlett, Colwyn Bay) prosecuted, and Mr. E. J. Griffiths, M.P. (instructed by Messrs. David Jones and Ro- berts, Llanrwst), appeared for the defence. In opening the case Mr. Moss said that on the 23rd of March, 1897, the prisoner gave birth to an illegitimate child, and on the 12th of June, of the same year, an affiliation order was made on her application against a man named William Jones, who was ordered to pay 2s. 6d. a week, he being the reputed father of the child. The man Jones didn't pay any money u:>. the 21st !v<v ember Jaut, me pr'iMt&er summoned Jones* before the pinitcei, claiming £ 9 7s fid. under I the order r- eady made. She claimed for 75 weeks at 2s. M. per week. Now a matter of fact, on the '22nd August, 1897, the child had died, andf when she appeared before ths magistrates Illd gave evidence 'ut'on oath, she swore that as far as she knew the child was then alivf?, and that this a*;iour,t of money was | owing to hfjr, and that she herself had Been the ) child ahve on tbe 22nd of May previously, j whereas as a matter ot fact, in August before the child was dead. 8he not only knew that j the child was dead, but she herself went to the registrar of births and deaths, and registered tiie death of the child on the 22nd August, i Those were the facts of ta- case. S. B. Scott, clerk to Mr. Oliver George, clerk to the Justices of. Peace Colwyn Bay, Sergeant Tibbit, William Jones, the reported father of the child, and Jesse Jones gave evid- ence in support of the opening statement. Mr. E. J. Griffith then addressed the jury for the defence, saying it was nob often that a man who had been ordered to pay towards the sup- port of an illegitimate child, and was in arrears paying a small pittance of 2s. 6d. a week due from him, went so far as to set the law in motion to prosecute the girl whom he had already injured sufficiently in this manner. The question the jury had to consider was, whether under all the circumstances of the case, prisoner did deliberately and intentionally tell a lie to the magistrates. Prisoner said before the magistrate she could not swear then that the child was alive, and held that she practic ally admitted that on that date the child was dead. The clerk of the court had worked out the figures, and there had been confusion in the fixing of the amount claimed. Prisoner had no intention of claiming more than was actually due. In the confusion and excitement in court, she was unintentionally led tosaywhat was Dot true. The Judge having summed up, the jury, after a few minutes deliberation returned a verdict of 'guilty.' Prisoner's mother was called by direction of His Lordship, and admitted that prisoner had had two illegitimate children before. In delivering sentence of four months imprisonment, the judge commented strongly upon the dangerous crime of perjury, saying that properly and life would not be oafe if this crime were condoned. THE ALLEGED MANSLAUGHTER AT WREXHAM. Andrew Jones, platelayer, and Kate Jones, his wife, were indicted for having feloniously killed and slain one John Lewis Railton, aged fourteen months, the illegitimate child of Kate Ann Railton, of Acrefair. Prisoners pleaded not guilty. Mr. R. V. Bankes (instructed by Messrs. Cartwright & Son, Chester) prosecuted, the prisoners being defended by Mr. S. Moss, M.P., (instructed by Mr. A. J. Calbeck, Wrex- ham). In opening the case, Mr. Bankes said, this was one of the most serious cases that ever came before a court" of law. In October 1897, the mother of the child, who was a single woman gave her illegitimate son in charge of prisoners under the following agreement, viz, that Andrew Jones, agreed to take and adopt for life the said child on receiving 925 from the mother, such child to live under his care for his life. The agreement was entered into on the 28th of September 1898. Early in January of this year, the child died, and the result of the post mortem showed that it died from per- sistent cruelty and illusage. It was a beauti ful baby when given into the charge of the prisoners, and sound in every limb. Andrew Jones passed the house of the mother every day, but never told her that the child was ill, or that he was dead. It was only when an in- quest was about to be held that the mother knew of the death of her child. Between the 26th of September, and she death of the child, several witnesses observed that the little one was suffering from bruises. From the evidence which he would call, there could be no doubt, but that the child had died from ill-usage, and the persons responsible for that were those in whose charge the child had been placed. Kate Ann Railton proved having entered into an agreement with the prisoners to adopt the child for E25. It was a healthy child, suffering only from a weak ankle. When she saw him after death, she could hardly ro- cognise him, on account of the bruises on his face. It died on the 12th of January. Mrs. Elizabeth Baker, neighbour of pri- soners, stated that little Railton was a nice and beautiful baby when it came into the pos session of prisoners. In December, it seemed to be in terrible agony, and at the re- quest of the female prisoner, she went with the child to Dr. Jones. Witness asked the Doctor to examine it, and he gave him medicine. On the 11th of January, she heard the child moaning pitiful. She went in, and found him lying on a piece of brown paper. He was very scantily dressed, and was cold. He had a black eye, and was terribly bruised about the abdomen and the legs. The arm was also bruised and swollen, and the child appeared to be in ter- rible pain. Witness brought him to the fire, and warmed it. The female prisoner said her husband would not go to the Doctor, and wit- ness went for him. Afterwards witness asked Mrs. Jones what the Doctor had said, and she replied, his elbow is out.' The female pri. soner added, 4 to tell you the truth, Andrew pulled his elbow out. Andrew would do for the child, but for one thing. If little Jacky gets well again, he shall never put his hand upon him.' On the day before his death, the child had a terrible black eye, both his cheeks were black, with scratches on other parts of the face. Mrs. Jones subsequently to the death of the child, promised to give witness little Jacky's clothes, if she did not say what had been told her on the previous day. Cross-examined by Mr. Moss, witness said she did not see the baby from the middle of December to the day before the child's death, she did not see it, but she inquired about it. On that day she went to prisoners' house to see her own child that had fallen down. Little Jacky was then in the chamber. Prisoner said she was plagued terribly by the children: Jacky began moaning. Prisoner remarked that I It is the old noise he makes.' Witness asked to go and see it, and found the baby so scantily clothed that it was very cold. She suggested that it should be covered, and she rolled the child in a shawl prisoner handed to her from a nail on the back of the door. Wit- uess went for a doctor and met prisoner's little boy returning from Dr. Jones who refused to come because be did not know where the boy's mother lived. She then went to Dr. Davies. By the Judge Andrew Jones came to her house on the morning the baby died, and she told him it was a sad case, and that they would be sure to get into trouble over it. Andrew Jones replied that he had not done anything to the child. Witness said the appearance of the child showed that someone had done something to it. Jones said he would sooner it was one of his owrtchildren, but witness replied that if it had been one of his children it would not have been in that condition. Andrew Jones came to ask her mother to lay the baby out. She always saw Mrs. Jones kind to her own children. One night Mr. and Mrs. Jones went to a flower service at the chapel, leaving the children outside. Witness allowed them to stay in her house. When Mrs. Jones came back, she told the children their father would kill them for being there. Witness told her to tell him to leave them alone, as they had done no harm. Mrs. Jones appeared to be in such a temper that witness followed them, and she heard sounl of blows in the house, and thrcu-h the window she saw Andrew Jones kick some. one on the floor. Afterwards she saw it was the eldest boy. That would be in September last year, Mary Ellen Baker, mother-in law to the last witness, gave corroborative evidence, as did a Mrs. Roberts. Dr. Thomas Francis Dillon, stated that he saw the child, finding it suffering from bruises on the abdomen. Both its arms were, in popular language, broken. The cause of death was, in his opinion, collapse from the result of ;oa With Dr nllu,ip¡¡¡ he made a noat. morten? examination. He did not think the fall on January the 5th world account for the fall on January the 5th would account for the injuries. Dr. J. ('. Davies, to whom !)r. Dillon was an assistant, stated that ia his opinion the child ied from the exhaustion produced hy a Rys- tematie course of ill treatment. None could j make a miBtak^as to the gravity of the child's j condition. The braises could not have been caused except by a number of falls or blows. The child had been well fed, and-there was food S in his stoniacii. j The depositions given by the prisoners before the magistrates having been reid, Mr. B&ukes closed the case for the prosecution. For the defence .Mr. Taylor, eje-stfttion m&e* | ter at Cein, stated that prisoners were under I'his eye for three yeare. They were most res- i pecfcable people, and no better parents could be found. Evidence to the same effect was given by Elizabeth Lewis, Cefn. W, Paddock, foreman platelayer on the Great Elizabeth Lewis, Cefn. W. Paddock, foreman platelayer on the Great Western Railway, said that, the male prisoner had been under his supervision for twelve months, and was a man of the highest charc- ter. The Judge You.knew him as a platelayer, not as a nurse, I suppose ?—(laughter). The witness: Yes. The Rev. J. W. Booth (Rhostyllcn) also gave the prisoners an excellent character. Mr. Moss, having addressed the jury, and the Judge having summed up, the jury returned a verdict of 'guilty' against the male prisoner, and not guilty' against his wife. The Judge, in passing sentence, said the jury had brought in a most proper verdict, and had also properly acquitted the woman. The man was guilty of manslaughter in its worst form, which pretty nearly approached murder. The sentence which he would pass would be one of eight years' penal servitude. WEDNESDAY. The Assizes were continued at the Shire Hall, Ruthin, before Mr. Justice Darling on Wednesday. THE LLANGERNIEW MURDER CASE. The first prisoner put up was David Davies, labourer, 73 years of age, who was indicted for wilfully murdering his wife Catherine Davies at Llangerniew, Llanrwst, on the 28th of October last. In answer to the charge, prisoner pleaded guilty. The Judge (addressing the Jury), said: This old man is charged with wilful murder, and there are circumstances which I know of which makes it essential that the state of his mind should be inquired into. If I accept the plea he has just made, I should have no alternative but to pass judgment of death, and if I had no doubt about it I should do that. Under the circumstances, I direct that a plea of not guilty be entered into, and that you should inquire into the case. This was accordingly done. Mr. Yates and Mr. Trevor Lloyd (instructed by Mr. Allard, Llanrwst), appeared for the Crown,|acd the prisoner was defended by Mr. Samuel Moss, M.P. (instrudted by Messrs. Jones and Roberts, Llanrwst). In opening the case for the prosecution, Mr; Yates said that the facts of the case were very short. The prisoner was a .an considerably over 70 years of age, and the deceased woman was a little elder. The couple lived together at Bryntirion, Llangerniewf and on the 28th of October last the prisoner wasfseenin the neigh- bourhood of his nouse at half past three in the afternoon by a man named Owen Owen. About twenty minutes afterwards the deceased woman went to Owen's house in a terrible condition, bleeding from her head, and apparently in a serious state. Owen placed her on the settle, and went in search of the husband. Having asked the latter about the condition of his wife, to which he replied, 'I killed her with a hatchet, and with the blunt end of it.' Subsequently, prisoner entered Owen's house, and sat down by the side of his wife, and said to h6r, I told you, Catherine, thousands of times not to inter- fere with me.' On the arrival of the constable and a doctor, the deceased woman made a statement, which would be produced at a later stage of the proceedings. The prisoner's house was searched, and in the kitchen was found a pool of blood; there was also found in an out. house a pool of blood, and an axe with blood on its handle. There was another circum- stance discovered in the out-house. There was a hole in the ground, six feet in length, twenty inches wide, and from six to eight inches deep, bearing the appearance of a newly made grave, the flags of the floor having been removed. Oft examining the woman, the doctor found a very serious wound on her head, which would be described hereafter. Prisoner was arrested, and in the police station at Llanrwst he said, pointing to the axe in the policeman's hand, Yes, I did it with the axe.' Catherine Davies was found to be dying, and her depositions were taken. On the 15th of the same month she died; and on being informed, prisoner said, 'Oh, dear.' Those were briefly the facts of the case, and it would be for the defence to prove that the man was insane at the time he committed the deed, because he understood that this was the nature of the defence to be put forward. William Owen, of Gerddi Gleision, Llanger- niew, gave evidence in support of counsel's opening statement, saying that the couple ap- peared to live happily together, but there was a change in the prisoner demeanour a short time prior to the committal of the deed. Dr. Jones, Llanrwst, said he was called to the deceased woman on the 28th of October. She was at the time in the kitchen at Gerddi Gleision, lying on the bench. She was very prostrated, and suffering from shock and loss of blood. There was a ragged lacerated wound on the head, about 1| inches in length, running in the direction of the middle line. This wound, in his opinion, must have been caused by a blunt instrument, such as the blunt end of an axe. The cause of death was inflammation of the membranes of the brain, caused by the in. jury on the head. That night Catherine Davies made to him, in the prisoner's presence, the following statement:—We were in the house at Bryntirion, and the prisoner went out to fetch something for me. He brought the things back, and said he would kill me. I replied, I Whatever is the matter with you?' He then went out again, and I followed, finding him in the old out house with the axe in his hand, and he repeated he would kill me. Then I said, For the Almighty's sake spare me this time.' I got hold of the axe, and asked him again to spare me He said, 'Unless you let go the axe, I will strike you.' He then struck me on the head. I fell down, and remember no more, until I found myself on the floor bleeding. I got up, and went to Gerddi Gleision, and fell several times on the road.' Proceeding, wit- ness said prisoner appeared to be perfectly oblivious of everything going on about him. Police Constable William Ellis, stationed at Llangerniew, having given evidence as to the discovery of the axe, and the hole in the floor, purporting to be the intended grave of the victim, Superintendent Jarvis, Llanrwst, in cross- examination, said that, about three weeks be- fore the committal of the deed, prisoner came to the lock-up at Llanrwst, and wanted to give himself up for receiving a Is. too much in hie wages. He had walked seven miles to give himself up, and was perfectly sober. Dr. William Harrop Parry, a medical practi. tioner at Llanrwst, corroborated the evidence of Dr. Jones. When he saw that the woman was dying, he summoned a magistrate—Colonel Sandbach—to take her depositions. This state- ment was, practically, to the same effect as that which deceased made to Dr. Jones. Witness had attended prisoner for a considerable time; and in 1897 and 1898 he had had attacks of in. fluenza which had shattered his nervous system; and leaving him suffering very much from want of sleep. He looked upon his case as one of the softening of the brain. Dr. J. R. Jenkins, who was the next witness, said that he had examined the prisoner whilst in H.M. Prison, and generally gave it as his opinion that prisoner was not responsible for his actions at the time of the committal of the deed. Prisoner told him very distinctly that he attacked his wife under an impulse which he could not control. The Judge Did he tell you anything about the grave? Witness: No, nothing. Since he has been in ner has greatly improved. great' Tiiir. v. as the case for the prosecution. For the defence, Da.vid ,Jones, TI"nd,;a.id prisoner had been in hi" employ <* Jong time. Shortly before the murder torn- mitted prisoner appeared fca-rr changed in his demeanour. One day w1tnf'N,i sent him so weed the garden, but instead of that he took up the beans that were-be" as well as the weeds: Mr. Yates said he ^'oula, if necessary, caH Dr. Herbert and Dr. Cox, the medical auperin- feeudents of h Nortii Waled Asylum, who had examined p'ner. The Judge I don't think so much of the I evidence f people whose business it is to deal with luti«*>• as of the evidence of people whose business it is to deal with safae persons. They get certain formula- which they will apply to yoa or me with very little provocation (loud laughter).