Papurau Newydd Cymru
Chwiliwch 15 miliwn o erthyglau papurau newydd Cymru
6 erthygl ar y dudalen hon
THE REFORM BILL IN COMMITTEE.
THE REFORM BILL IN COMMITTEE. LORD DERBY, in introducing the Reform Bill to the House of Lords, expressed the hope that it would pass through, the as quickly as possible, and with as little alteration as possible. Notwithstanding this wish, their lordships have evinced something like a determination to stand to their rights, to have a finger in the pie, and to leave their mark upon the measure. Notice after notice of amendment was given, till there was quite a plentiful crop. Amongst them are good, bad, and indifferent, though the number of the former appears to be small. It is unfor- tunate, however, that they should have been pro- posed now. It is on all sides confessed that the Bill is at present very far from being a perfect measure and the evil is that there is not time before the end of the session thoroughly to smooth away the marks of haste which are apparent upon its surface. The time which was wasted at the commencement of the session in discussing vague and fruitless resolutions would now be invalu- able but however much it may be regretted, it cannot be recalled, while, on the other hand, the time for the slaughter of the innocents" has come, and it is evident that the members are in haste to commence their holidays. The amend- ments, therefore, proposed by the Lords tend to delay as well as to jeopardise the measure. The first of these amendments, and which was dis- cussed on Monday night, was that proposed by Lord Halifax, who moved a resolution to the effect that the proposed redistribution was inade- quate to effect a settlement of the question, and that it was expedient to provide means for giving increased representation to large and important constituencies. The proposer argued, and with truth, that the Government measure left untouch- ed many anomalies. There were a number of small boroughs having a less population than 5,000, which were represented, while the claims of those with a population, of four times that number were still unregarded. The former of these it was proposed to disfranchise or group, and the giving additional members to the exist- ing divisions of counties, instead of sub-dividing them, was also hinted at. Avowedly the resolu- tion of the noble lord was not proposed in any; hostile spirit; and it certainly does affirm a truth. The re-distribution scheme is imperfect and very inadequate, and no one expects it to settle the question. It is to be regretted it was made apart of the Reform Bill; but such as it is it must now go, and it will be one of the duties of Parliament to consider a well-digested scheme which shall do away entirely with the small boroughs, ad- mitting to representation those places which have risen into importance. On the part of the Government, the resolution was opposed by the Earl of Malmesbury, who did his best to supply the absence, through illness, of the noble Premier; and it was eventually rejected by a majority of 41 votes. Following upon this resolution came one by Lord Cairns, who proposed the introduc- tion of certain words to the definition of the term "lodgings," which would give a vote to those occupying chambers or rooms not separately rated. This resolution would principally affect Oxford. It was argued that students of twenty- one years of age were as capable of exercising the franchise as any person living in lodgings. This is, no doubt, quite true, but it is manifestly unfair that such an element should be introduced, and that those who have no interest in the town should be allowed to influence its elections either One way or the other. This influence, however, will be very small. There are comparatively very few undergraduates over twenty-one years of age. and those who have been at college for three years then leave and go into lodgings. At Cam- bridge the freshmen live in lodgings. The neces- sary residence of twelve months before a vote can be had will also have a restrictive effect; while those who make application for a vote will experience some difficulty in obtaining it, since the rooms are vacated during the long vacation, and cannot be occupied except by express per- mission. The proposed amendment was accepted by Government—probably because it may intro- duce a few Conservative votes and there was a majority of 48 votes in its favour. The altera- tion of the amount of the lodger franchise was a more important affair. Lord Ravensworth had given notice of his intention of moving that the sum fixed upon by the Commons should be altered to £ 20, but he withdrew his motion in favour of that of Lord Cairns, who proposed the figure should be £15. The Earl of Malmesbury accepted the amendment, and he was called to task for doing so by Earl Granville, who thought this a most remarkable illustration of the spirit of compromise animating tiie Government." Lord Stanley also expressed his astonishment at the conduct of the Government, after having warned the House not to give the other House a slap in the face" by rejecting what it had approved while a home-thrust was delivered by the Duke of Carlyle in reminding Earl Malmesbury of what he had said on the motion with reference to the -distribution-tllat it was a compact between parties which the House could not touch. When it came to a motion, in a Tory sense, they were willing to break the compact without a word of explanation. The House resolved to substitute £ 15 for £ 10, thus raising the amount necessary to be paid by lodgers to give them a vote from about 4s. to nearly 6s. per week. It is argued that this will still admit to the franchise the re- spectable clerk, the educated mechanic, and so forth, and only exclude the residuum" of that class. The sum fixed by the House of Commons was not, as we conceive, at all too low, and if a man occupying a house for which he may give X5 or £ 6 a year is entitled to a vote, those who pay double that amount, though it be in lodgings, are quite as capable of exercising the privilege. It remains to be seen whether the House of Com- mons will accept this alteration. The compound householder has on numberless occasions received a death blow, but again and again has he been re-galvanised in order to give trouble to our legislators. Yet once more has his ghost been called up—this time by Earl Grey, who, on Tues- day night, proposed to omit the clause abolishing the power for compounding the rates in Parlia- mentary boroughs. It was, however, urged that if this were done the whole bill would be thrown into confusion. Although several noble lords supported the amendment, it was decided by a large majority to retain the clause. The amend- ment of Lord Lyttleton to disqualify persons who could not write legibly was not treated in a very serious manner, and was negatived without a division. We are afraid if the proposal had been carried that it would have had a much wider effect than was intended. It is stated indeed that when Lord Lyttleton handed in his amend- ment the clerk was obliged to beg the favour of his lordship's assistance in deciphering the speci- men of caligraphy laid before him. It was stated also by Earl Granville that when in the Foreign Office, and corresponding with many distin- sruished representatives of her Majesty at foreign courts, the writing was uo illegible that lie was obliged to request tlvm to send copies of their despatches, and keep tlio originals themselves. Another amendment of a somewhat important character was that of Lord Cairns, who proposes in three-cornered constituencies to restrict the electors from voting for more than two persons. In a very able speech it was urged that this prac- tice would be an advantage to the legislature, as the minorities of large towns would supply the elements which at present belonged to the repre- sentation of small boroughs without any of the disadvantages, and constitute a stable element in times of popular excitement; that it would break in on the sameness of elections; that it would do away with the rivalry at present existing be- tween members of the same borough holding different political opinions; and that it would give the greatest possible satisfaction to the constitu- encies. It is no argument to say that the idea is -'new-fangled," and the fact of its being a novelty ought to be no objection. It is, how- ever, very evident that those towns which have had three members given them would be worse off than those who have only two, and their poli- tical weight would be decreased rather than in- creased. It is an unfortunate circumstance therefore that the peers should have decided upon in- troducing this principle into the bill. In regard to it, as to the other alterations made, we shall wait with some interest to see how they are treated by the Com- mons. So far as they have gone we do not see that the bill has been at all improved by this manipulation, but rather deteriorated. We hope that Lord Derby may soon recover from his attack of gout, and take his accustomed place in the House, that the Bill may not suffer any more in consequence of his absence.
[No title]
I OPENING OF THE RAILWAY TO CEFN.—On Thursday last the opening took place of that part of the Brecon and Meythyr line between Dowlais and Cefn, and henceforward trains will run to that station. The 'bus which formerly went to and from Dowlais will now meet the trains at the Cefn station. THE FIBE AT MR. PYNE' s.- vr e are requested to state that we were in error in saying that the fire at Mr. Pyne's last week was put out before the appear- ance of the fire brigade and we are informed that No. 1 and 6, Messrs. Vaughan and Ash were the par- ties who, with buckets of water, put out the flames. THE SHIRE HALL.—We understand that Baron Channel complimented the hall keepers, Mr. and Mrs. Jones, on the manner in which the hall appeared to have been kept, and its general cleanliness. During the business also several vases of sweet-smelling flow- ers decorated the bench, taking somewhat from its prosaical character. THE VOLUNTEERS.—This corps had a full dress parade on Wednesday evening last. They assembled at the Armoury about half-pist seven o; clock, where they were supplied with ammunition, and proceeded thence, headed by the band, to the cricket field. Here they were put through a course of firing by Capt. P. Lloyd, which lasted till a little after nine o'clock. They then marched up through the town, and after- wards returned to the Drill Hall and were dismissed. FrRK—On Monday afternoon a stack of clover hay, cn the farm of Mr. Bobbyer, Glanusk, caught fire. It is not known whether it arose fiom over heating, or whether it was the work of an incendiary or a piece of carelessness on the past of a passer-by, the stack being situated close to the hedge. The fire-engine was sent for as soon as the flames were observed, and arrived at the spot in a comparatively short space of time. There was some little delay in getting water, but when this was obtained the engine and men did their work well, and succeeded in putting out the p t, flames, and in saving about five or six tons of hay. FISHING LICENSES.—From a statement issued by the Usk and Ebbw Board of Conservators, for the season ending the 1st November, 1866, and audited at the Monmouth Quarter Sessions, we gather the following particulars in reference to the number of licenses issued, and the receipts for the same. At Newport licenses were issued for 9 rods, 3,000 patchers, 120 putts, and 6 nets at Abergavenny, for 47 rods Crickhowell, 32 ditto Brecon, 50; and Usk, 38. It will be seen that Brecon is somewhat in advance of the other places mentioned in this particular. The total amount of receipts, including £ 18 18s. for con- victions, is XI,59 8s. The expenditure, including the wages paid to water-bailiffs, has been Y.35 7s. 9d., leaving a balance in hand of £74 Os. 3d. OTTER HUNTING.—An otter hunt took place early on Monday morning with Lord Hill's otter hounds. The party consisted of Lord Hill, Major Hotchkis, Walter De Winton, Esq., Captain P. Lloyd, Captain Campion, &c. They left the Castle Hotel about three or four o'clock, and proceeded to Llansaintfraed, about six miles distant, and hunted down the river. Between Buckland and Llanddetty tracks of one were found, but it could not be started, and no success was met with till the party arrived at Llangrwyney, near Crickhowell. Here they were fortunate enough to scent one otter, which was eventually killed in the Duke of Beaufort's water. The river was then hunted down to Sir Joseph Bailey's water at Glanusk, Crick- howell, and here a couple more were killed, affording some very good sport. With our Hay news will be found some further particulars of the hunts. CRICKET MAYCIL-A match was played on the Brecon ground, on Wednesday, July 24th and 31st (early closing days), between nine of the Star eleven with two members of the Town club against six of the Town club. From the score it will be seen the two players given (Messrs. Jones and King) made nearly all the runs. Jones and King batted well for the Stars, and aided by some loose fielding ran up good scores. O'Hara, L. Edward-), and North, played well for the six. The result was an easy victory for the Star club. STAR CLUB. W. Williams b L. Edwards o b Edward* 0 E. Jones h w, b Morns 51 c and b O'Ham. 52 H. King b O'Hara 20 b O'Hara 31 I. Harris l> O'Hara 2 b O'Hara 0 Parry b O'Hara 0 b O'nara 0 D. "W". Price c and b L. Edwards 6 not out 0 J T. Griffiths b Morris 3 b O'Hara 1 I "Williams c Palmer b Edwards 0 1) O'Hara 2 E. I. Morgan b Morris 5 b Edwards 4 J. Lee b Korris 2 run out g Probert not out.. 1 runout l Extras 7. 13 19 109 113 TOWN" SIX. J. Morris c Parry b E. Jones 7 b Williams i J. Cadogun b E. Jones 8 b I\:iug. 6 J. L. Edwards 1 b w. Williams 6 not out 18 J. O'Hara b King1 19 c Lee b Williams 19 II. Palmer run out 1 b King 0 H. North not out 16 c Jones b Williams 7 Extras. lo 12 67 03
BRECONSHIRE SUMMER ASSIZES.
BRECONSHIRE SUMMER ASSIZES. The Commission for the Summer Assizes for this county was opened at the Shire Hall, by Baron Chan- nel!, CD Saturday evening last. His lordship arrived by the Neath and Brecon Railway, at 5 p.m., and was met by the High Sheriff of the County, John Morgan, Esq., accompanied by the chapLin, the Rev. William Hughes, and attended by the Under-sheriff and the usual escort of police and trumpeters. His lord- ship immediately drove to the County House, in the Struet, and at about a quarter to six o'clock, attended as before, proceeded to the Shire Hall, where the Com- rehsion was opened in the usual form. On Sun- day morning the learned Baron attended Divine service at St. Mary's Church, when the Vicar read the morning lessons, and the Rev. Garnons Williams preached a very appropriate sermon, taking his text from the 2nd book of Samuel, chap'er 12, and part of verse 7—"And Nathan said unto David, thou art the man." At the close of the service his lordship was again escorted back to the County House. We may remark here that during the Assizes order was kept in court by the police, who last assiz, s took the place of the ancient javelin men, and they performed their duties in a most efficient manner. On Monday morning, at half-past ten o'clock, Baron Channell took his seat in the Crown Court. The Grand Jury consisted of-The Hon.G. C. Morgan, M.P., (foreman); How,l GWVD, E.,iq., M. P., Henry Ellen,E<q., John Lloyd, E-q., (Dina;-); David Albony Price, Esq., Captain W. J. Thomas, Major Walsh, J. A. T. Snead, E-q., T. G. Vati^h-n, Eq, J. J. Williams, Esq., P. D. Williams, Esq., Rees Williams, Esq.. T. M. Cornish, Esq., H. P. Price, Esq.. Colonel William Bridgwater, D J. Powell, Esq., W. L. Banks, Esq., J. W. Morgan, E,q., E. J. Davies, Esq., Dr. Lucas, and Frederick Ellen, Esq. The usual proclamation against vice and immorality was next read over, and his lordship then delivered his CHARGE TO THE GRAND JURY. The lparned Baron, who spoke in a very low tone of voice, was understood to say that it was some time since he had been commissicned to hold the assize for the county of Brecon, and he had jjreat pleasure in having the honour of meeting with them once more, and ti" find such a large number of magistrates present. He was happy to inform them that the calendar was a very light one, and their labours would probably be very easy and soon over, as th, rp w' re only five pri- soners for trial. The assize business of th-.t county had occupied very much time, as some of the gentle- men then in court were aware was the case, at the last assizes; but it was always his trood fortune t > find a vel y light calendar hpre, The first case on the calendar which seemed to have any dfficulty about it was the case of William Reed, who had been indicted on the charge of delivering a threatening le'ter demanding morev with menaces to one Isaic Aristmi L is He sh >uld not remark much u,,o-, the case, but ha would just observe that if 'he Idtpr had been written without a;,y reason or nrobable c;,u-e, the case was a very seiious one, and tr"e prisoner was liable to a very 11. avy penalty. Put if there we-e a sum "f moeey due to fie P'i;onur from the prosecutor, and the letter t ad been wr'ttcn with a view to obtain that, and that alone, it would very much alte, the oase. The other case was th"t of William Hammund, a boy "ho was charged, as were well nware, ith the manslaughter of a girl named Srlrah Evans, at Glanu-k. It was a ea<e in which one per.-on had caused the dea h of another, without f»y malice or intention. There c> uldbe nodoubt that in this case the unhappy deceased had met her death by the prisoner firing a gun without intending to do her any harm; and there was no doubt the oc- currtnce was solely accidental In concluding hi* remarks 44s lordship said thar in the adjoir.iug county of Glamorgan he had presumed to make one recom- menriation, and that recommf'ndation he wished to j repeat to th, ni. He would recommend the gentlemen of the Grand Jury to give their support to all institu- lions which had for their object the promo1 ion of habits of temp, raiice and h.,ri. st living amongst the lower clashes. The learned Baron fien dismissed the Grand Jury to their duties, and the trying of the prisoueis was shortly afterwards proceeded with. STEALING A WATCH AT BUILTH. John Scott, 19, pudriler, charged with stealing a watcti and appendages, at Builth, on the 20th July, pleaded guilty, and was sentenced to four calendar months' imprisonment. with bard labour. STEALING SHOVELS AT LLANGTNIDER. Nathaniel Griffiths, 36, labourer, was indicted for stealing four shovels of the value of 3s. each, the property of Finlay McCulloch, contractor, at Llan- gynider, on the 26th June 1-jst-Ur. Henry Allen pro-ocated prisoner was rndefenrieil. Fin Jay McCuIlock, sworn, said I am a railway contractor, and the prisoner was îu my employ as a ganger. He was not there when some shovels were los' on 26th June last, as he was d schargel the day before I had some time b fore that given out about half a dozen shovels, and some of them were missed on the morning of the 26th. The z'aevtiz produced are the kind ot shovel I lost. The prisoner 17a3 paid his wages up to the time he left. Edward Foxwell, sworn, deposed I am an inn- keeper at Beaufort; I saw the prisont-r near my house, on the 26th June last., wi'h two shovels, and he asked me to buy them; he offered them to me for half-a- crown, and I gave him two shillings and a noggin of i n I afterwards save them up io the police officer. The shovels produced are the same. Margaret Jenkins said I am the wife of William Jenkins, innkeeper I saw the prisoner on Tuesday, the 25th of June, when he came to my house with two shovels; he askel me to buy them he asked two shillings for the two, and I bought them, and gave i him one shilling for the two I gave them up after- wards to the po'ice on the Thursday evening following the shovels produced are the same which I ha?!. P. C. John Morgan, deposed I received these I shovels from the last witness I afterwards apprehen. ded the prisoner at Beaufort; the witnesses live four miles from each other. I apprehended the prisoner on Wednesday, the 25th of .Junp, before I had had the shovels, and I charged him with st aling them from the pros-cutor he asked me if I had seen the prose- cutor, and I said I had he then asked me if I had bem to the Holty Bush I told him I had Mrs. Jenkins, the last witness, told me he had sold the shovels to her. Cri ss-examined by prisoner You did not tell me that pros, cutor had given you tLe shovels when I ap- prehended you. The prosecutor, recalled, aid: When I discharged the prisoner I did not pay him his wages I let him get his money the best way he could, By he prisoner I give you Hit shovels to give to the other men you under s ood that you were to give them to the men 1 don't remember giving you any shovels before those. The prisoner stited that lie wis given the shovels by the prosecutor, but did not understand that be was to give them to the other men. i he ju y returned a verdict of guilty. Prisoner had been previously coiiv.cied for felony, and "'as impri- sotted for 12 months. He was now sentenced to seven years' penal servitude. STEALING A QUILT AT LLANV.LLY. Harriet Phillips was charged with stealing a quilt, ot the v.ilue of 3- the pmper'y of Thomas Ro-s, at Llanel'y, on the 24;h of July last. Prisot er pleaded guilty. She had b,en previously convicted for felony, and for t! otls,- breiki ii for which she had been imprisoned for l2 months. She was no.v sentenced to 12 calendar months' imprisonment. THE GLANUSK MANSLAUGHTER CASE. William Hammond, 14, labourer, was indicted for the manslaughter of Sarah Evans, a girl about 15 years of age, at Glanusu, on the 7th Julv last. The case caused much exeitetnenf, the Court bt-ioy densely filled during the bearing of the ca,e. The prisoner himself seemed deeply affected by his position. Mr. Ref's prosecuted, and Mr. T. Allen cunducted the defence. The case having been opened by the learned counsel, the following evidence was given Mr. John Bobbyer deposed lama farmer, and live at Glanusk the prisoner was in my service up to May last; the deceased also was in my service during the time the prisoner was with me he conducted himself tolerably well on the whole the prisoner and the deceased were on friendly terms prisoner came to my house on the 7th of June, and s'ayed to tea I and Mrs. Bobbyer went to church and left the prisoner there behind in the house, and did not return until about eight o'clock I then heard that the deceased had been killed by the prisoner, but I did not sue the body then I did not know that the gun was loaded that day I had shot in my house, but no powder; the gun was used to shoot the crows on the farm, but the prisonerjnever had the gun to my knowledge. Cross-examined by Mr. Allen: The gun had one barrel; one of my servants had been in the habit o! using the gun to shoot crows. Willia n Walters, s .,oi n, said I shall be 15 years old next June; I have been for some time in the ser- vice of Mr. Bobbyer, and I knew the prisoner while he was there, before I went fliere4 I saw him at Glan- usk on the Sunday evening in question I drove Mrs. Bubbyer to Brecon, and left prisoner at the house with j deceased, and when I got bacit I saw the prisoner talk- ing with the deceased; they came out to see me take the horse to the stable; I then went in to have my tea, and when I had finished the prisoner and the deceased were there; I afterwards went up to Y; y bed-room, and the prisoner camp after me, and asked if I would go up to the Httic with him; we went up together, and he looked about and saw the gun there, hanging on two nails, and a pistol; the prisoner looktd at them, and took down the pistol, and I asked him to let me see it; he gave it to me, and I went down stairs to show the pistol to the deceased; when I got to the top of the second stairs the prisoner came to me, and when I looked down the lower stairs I saw the dp- ceased coming up with a bucket in her hand; the prisoner showed the gun, and told her that that was the gun he used to shoot with; the deceased bad come up about three steps; after that I turned round to take the pistol back, and the gun was then in prisoner's hands; just then I heard the click of the cock of the gun, and immediately the gun went off; I looked round, and saw the deceased rolling down stairs; I ran down stairs to her and saw her lying on the ground, and bl, eding from her eye; she did not move, nor say anything; prisoner came down also, and he appeared to be very much frightened; I wanted to go and fetch somebody then, but prisoner wanted me to etay till my master came home; I went out and met David Lloyd and William Davies coming from chapel; the prisoner followed me, and be said, "David, David, I have been and. killed Sophia;" that was the name we called the deceased David Llovd said, Boy, what do you mean?" and I said, Yes, indeed;" he then came with us to the house. Cross-examined by Mr. Allen: The pistol which I bad was not loaded. David Lloyd said: I am a labourer, and work at Glanusk; I was coming from chapel on the Sunday night in question, when prisoner and Walters ran up to me together, and one of them said, 11 Dtvid, David, I have killed Sophia," and 1 said, "Boy, what do you try to say?" the other said Yes, indeed I then ran to the house as quickly as I could, and four d the de- ceased lying on the floor dead; I raised the body and put it in a chair; the face was quite black wi;h the marks of powder, and covered with blood; I knew the body to be that of Saruh Evans; the prisoner and deceased had always seemed on good terms. Mr. Thomas Armstrong, M.R C S F-A C., next deposed I live in this town, and practice in the neighbourhood on Sunday, the 7th July, I was sent for to see the body of the deceased, Sarah Evans; I afterwards made a post mortem examination, and found that she had been shot in the right eye the eye had been completely carried away, and part of fie bowl I have no doubt that she dhd from being shot; I opened the head on :he following day, and found that the upper surface d the brain was healthy, hut the lower part was completely shattered, there being about a drachm to a drachm and-a-hatf of shot in the brain, which was comolerely disorganised. P.C John William,; said he was stationed at B. econ, and on Sunday evening, the 7th of July last,, he was suit for to Glanusk, where he took the. prisoner into cus odv, and charged him with illin^ Sarah Evans; he eau ioned the prisoner that whar he said would be t,lcen down in writing and given in evidence against him; the prisoner said, "I wellt into the house, ;.nd I said to Bill, Come upstairs,' and he said 'Verv well, and we went up together; I there saw the t'un and a pistol; I took the gun, and met. the girl coming, up stairs: I rose the tun and drew the trigger, and it went off I did not know h.. giln was loaded witness found no ammunition on the prisoner Superintendent P'ice depose ) I wmt to Glanusk about, nine o'clock on Sunday evening, the 7th of July; I took the pun, and examined it, and I found the hammer on the nipple I ros ■ the hammer, and found exploded powder and cap under it. Elias Thomas said I am in the service of Mr. Bobbyer, and I have been in the habit of using the gun to shoot crows when I had finished using tt on the last occasion I put it in the back kreh^n. above the boiler I cannot say h. ther it was loaded or not. Cross-examined by Mr. Al'en I went there in February, and the prisoner ltft in May. Ann Jones said I Itft th- service of Mr. Bobbyer last May I remember finding a gun on the boiler, and I took it up to the attic, but I cannot say whether it was loaded or not. Mr. Bobbyer, recalled, said I had sometimes used this gun; I do recollect that the witness Morris had used the gun during the time he was in my service, to shoot crows I usually kept the gun in the granary, locked up it had never been put up in the attic before I bad put the gun on the boiler occasionally, but I always drev the cap off when I put it by. Mr. Allen, in addressing the jury for the defence, contended that the facts which had been proved did n..t amount to manslauttliter. He would submit that this was a case of accident, and in no way could be made a case of manslaughter. If a man were engaged in an unlawful action, and death ensued from such an act, he, then, would he guilty of manslaughter; but the prisoner in this case was not engaged in auy un- lawful act. Trey would all deplore that persons should handle fire arms except on proper occasions, but a person had a perfect light to lane down a gun and examiue it, and perhaps he might play with it and that would not be in the slightest degree unlawful. He had a perfect right to play with fire arms if there were nobody else in the roota and even if there were anybody else in the room it could not make any dif- ference in point of law—it could not make his act un- lawful and therefore he (Mr. Allen) contended that the prisoner, in taking down the gun and carrying it down stairs, was not doing an unlawful act. It could not be made unlawful simply because there was another person present. He took the point as a serious one and asked his lordship's decision on it. He (the speaker) was very well aware that there were a great many cases of manslaughter caused by negligence hut they were quite distinct from a case of this find. If he (the speaker) undertook any duty on which the safety of his fellow-men depended, and he imper- fectly discharged that duty, so as to cause their death knowingly, that would be negligence, and might be called manslaughter. But this was a case in which the act was carried on without reference to any per- son in the world and therefore in playing with fire arms he was not guilty of manslaughter hecau-e it was an act played by himself, and it being not an un- lawful act. His Lordship remarked that it would be a most dan- gerous course if he were to adopt that suggestion buc if Mr. Allen could satisfy the jury that the gun went off purely by accident, they might decide accord- 1U^ly- Mr. Allen then cited some cases in support of his arguments. His Lordship thought that, nobody could suppose in one sense that it was not an accident, yet it was not purely an accident. Mr. All 'n addressed some further remarks to the jury respecting the facts of th- case, and said he was sure they would all agree upon one thing, that nobody would mourn more than the prisoner himself t ie melancholy circumstances which had occurred, wnich would he a bitterness <n his after life worse than any punishment th,y could possibly inflict H" als! reminded them ef hi, extreme youth and inexperience, and he should ask them to say with him that it. was purely accidental. There was, however, one fact in the case whicn went against him. It h id beeo pr ived that when the prisoner was ca rying he gun d"wn stsi s he touched the cock an also the trigger; yer, nobod v could suppose that he knew the gun was loaded. It was not in evidence that the "un was loaded. I he pri oner probably touched the cock to see if the gun was load d; but tint, could not make it manslaughter. Taking the whole of the transaction from tie^ii ning to the end, he asked them if they did not think it was a negligent action rather than an unUwful one. It was very different from what it would h"ve been in the case of a man going down stairs carrying a gun at arm's le"gtl), and deliberately pointing the gun at another pet son's head, and then pleading that he did not. think it was loaded. Or if it had been proved that the prisoner w(-nt do-n stairs in a careless and negli- gent manner, and th 'n put the gun to his shouldet. and said, I will shoot you," and had done so, that would have been very much against him. But it was not ii, evidence thai he had done so. The question, then, was, whether the prisoner wasg-uilty of so much negli- genc" that amounted to manslaughter? There wasm reason whatever for their believing that the gun had been usually kept about loaded, as that might he seen from the answers of Mr. Bobbyer when he called him back the last time. He said that whenever he had been using the gun, and brought it home, he loaked it up in the granary, or took the cap off. The boy, then, going back in July, after his-absence for some months, seeing the gun, would naturally say to himself that Master always took off the cap, and he would have locked it up if there had been a cap on it." The prisoner would think there was no danger in it, be- ciuse he knew his master used to keep it uncapped, and he would think there was no harm in his taking it down stairs and playing with it. Was there any reason to believe that-the gun had been left about loaded? It was quite obvious how the gun had got loaded. After the prisoner had left, the other servant bad been in the habit of taking the gun out to shoot crows, and after finishing with it he brought it back, and instead of doing as his master usually did-take the cap off-he put it on the boiler in the ki chen, and the girl took it up to the attic and the boy seeing it there, thought there could be no harm in taking it down and playing with it. Was a boy of fourteen to be found guilty of manslaughter because he was found playing with fire-arms? He did not only not know that the gun was loaded, but he had no reason to believe th.Lt it was loaded; and it had been loaded by a man who had been in Mr. Bobbyer's service since the prisoner had left, If they gave a verdict of acci- dent, what would be the consequence? If their verdict were against him, as long as he lived he would be pointed at by his enemies as the man who, when he was a boy, was found guilty of manslaughter. L' any- body were culpable for negligence it was the man who left the gun loaded. His Lordship, in summing up the evidence, rpmarked that manslaughter sometimes amounted almost to murder, and should be met with a punishment almost as great. The law shoul 1 he respected, and the ques- tion was not what punishment the prisoner should receive, nor the grief he had experienced. The ques- tion was whether the law had been broken and if the law had been broken, it was their duty to vindicate it. They had been told it was accident. If by acci- dent it was meant that the prisoner never meant to inflict the slightest injury on any person, nobody coulc doubt that the prisoner was quite free from any such intention. He bore a good character, and had been in his master's service for some time, and had been invited there to tea he went there for that purpose, and seemed on excellent terms with the deceased but that was not what they had to look at in this case. If they supposed that the girl had rushed upstairs while the prisoner was going down, and the gun had, by some means, caught in her clothes, and caused it to go off, that would have been accident. If they could prove in any way that it was accident, they were at liberty to acquit, the prisoner. But if a person took down a gun, and without taking any pains to ascertain whether it was loaded or not, and did anything wrong with it, he wa3 guilty of such negli- gence that was wrong in the eye of the law—he was in po'nt of law culpable. If a man produced the death of another he must stand to the consequences of it, and undergo the penalty which the law might inflict. The jury retired to cons der their verdict, and after some deliberation returned a verdict of Not Guilty. The prisoner was accordingly discharged. ENDEAVOURING TO OBTAIN MONEY BY MENACES AT CRICKHOWELL. William Reed, 28. labourer, was charged with having delivered a threatening letter, with a view to obtain money by menaces, to Isaac Ariston Lewis, on the 20th April, 1867. Mr. F. Williams was for the prose- cution, and the prisoner, it was stated, had employed Mr. J. B. Evans, of Brynmawr, to conduct the defence, but he did not, appear, and the case was ultimately proceeded with. The prosecutor, sworn, deposed The prisoner was in my employ up to November last he then h ft, but was afterwards employed by me the second tim-, when he asked me for some money, and I refused to give him any I saw the prisoner on the 20! h of May, and he then gave me a letter, demanding the sum of ze7 this is the letter 1867. Lanetlily, May 20. Mr Lewas I Consider that you are A prety sort of a man for to have Doings with my wife in the way that you have you had Doings with her on November 22 18G3 and on April 10 1867 and then you got her in the family-way and onles you give me 7 pounds on my hand this morning She Shall swear to you and I have a Nother letter rote togiveiNIr.9 Lewas and I will expose you to all the Contray and I will carry your Effage through 3 towns and then Bum you if you Do not give me what I ask you so help my god I will Do it for I ame not going to rare a Child for you and live a Cat and Dogs Life for Nothing you ought to be ashamed of yourself for to Do such a thing I am Williame Reed and that you will find." P.C. Th mas William,, said: I am stationed at C,il ei-n, and I apprehended he prisoner there on the 25 h May last when I t -ld him the charge, he admitted that he had d. I've'-ed the letter to the prose- cutor, and he told me what it contained I h .ve heard the letter read, and what prisoner detaiie,i to m was the same pr s >oer af er wards said he would make i a had jo.b for Mr. Lew's. The prosecutor recalled, awid Prisoner had lef me the Sf-eo d time heiore he gave me ne letter; I never gave any money; there was not the slightest, ground for hi:" sajie.K that I had used any impropriety towards his wife. Th. p'isoner read a long statement in his defence, in which he again alleged that the prosecutor had actt d improperly towards his wife, ami taken advan- tage of n wak unguarded woman," when she wen! to his office to ask for money for the prisoner. It also contained several scrip-ural and poetical quota- tions, and exhorted the pro-eeutor to repentance for his ungodly conduct; an t finally expressed the regret the prisoner felt himself for the course he had taken, instead of summoning the prosecutor in order to get him punished. The jury found the prisoner guilty, and His Lordship, in pronouncing sentence, said he be- lieved the prisoner's imputations respecting the prose- cutor were entirely groundless and very malicious, and he censured prisoner's conduct in very strong terms. The prisoner w s liable to penal servitude for life, but that was a very heavy sentence, and h(- could not willingly it flict it. He would therefore make every possible consideration for the prisoner, and sen- tence him to six calendar months' imprisonment with hard la. our. This concluding the criminal eases, the Nisi Prius business was then proceeded with. INTERPLEADER CASE. SNEAD AND ANOTHER V. JONES AND ANOTHER. This was a special jury case. Mr Bowen and Mr. Rees, instriie-ed by Mr. Games, were for the plain- tiffs, and Mr. Giffard, Q.C, instructed by Messrs. Bishop, for the defendants. Mr. Hughes watched the case for the under-sheriff. Mr. Rees opened the pleadings, and stated that the plaintiffs we e Messrs. Suead and Morgan, and the defendants Messrs. Jones and Lawrence. The action was bi ought to try whether certain goods and chat- tels, seized hy the under-sheriff foi- Breconsliire, under a writ issued from the Court of Exchequer, against the Rev. Hy. Fredk. W.Ipole Harris, were the goods and chattels of the said Messrs. Snead and Morgan. Mr. BoweR then stated the case for the plaintiffs, and aid they were carrying on business under the well known name of Snead and Co., bankers, of Brecon. The def. ndants were two gentlemen who had, he believed, a claim against Mr. Harris, and put. an execution into his house. The question was whe- ther the goo Is in the house on the 11th May, when the execution was put in, were Mr. Harris's goods, or whether they had not become, in con-sequence of a previous arrangement, the property of Messrs. Snead. The sole question tiiey would have to try in t'nis case was whether a bill of sal- under which Messrs. Snl ad claimed thase good" was a bona fide security. The circumstances under which Messrs. Snead came into possession of the goods were shortly these. About the 71h May Mr. Harris was iu difficulties, and the under-sheriff informed him that a writ had been lodged in his hands directing him to levy on Mr. Harris's goods to satisfy a debt atnounti g to £ 185, due to a person named Laurence. The under-sheriff, dealing as one gentleman would with another, wrote to inform Mr. Harris that he had such a writ in his p session, and reqeest ng him to come and pay the amount On com IIK into town, Mr. Harris went to Messrs. Snead's na^k, where he saw the manager, Mr. Evan Jones, and asked him to advance the sum of £185, to enable him t > pay off the writ which the she iff then h Id in his hands against. him. Mr. Jones, knowing the state of accounts between the bank and Mr. H-irris, declined to accede to the re- qu st withou' first of all consulting the partners. Accordingly Mr. Jones Lid Mr. Harris's request, before the partners, and the), finding that they had al eady lent him 2500, dt-olit o to advance any o'her money iitile,s he was prepared to give th.-m security. .VI,. Harris agreed to execute a mortgage on IIi. goo,is and chilVels in his residence, and OIl that undertaking M ssr. Snead agreed to advance £ 185 A bill of sale WaS prepared, dated the 7th May, by which Mr Harris made over to the plaintiffs all his uoods and (,,hat,,Is, books, and other effects to secure the sum of £ 685. T'"i»Te was a clause in that agr ement by whicn Mr. Harris was left, in possession and use of the goods. That was the title which the plaintiffs set up to the got ds, and when they (the jury) heard the evidence he thought they would havenoooubt that the property in question was under this bill of sale ctie propprtyof Messrs. Snead. On the 11th May, the defendants, to whom Mr. Harris was indeb'ed, issued an execution, or rattier lodged a writ in the sheriff's hands, and 1 vied on the goods at Mr. Harris's house. The plaintiffs immediately gave notice that the goods were there to secure the X685, and the sheriff, for the purpose of determining whether or not the defendants had a right to have their execution levied, took out what was called an interpleader sum- mons, and the result was the sending down for them to enquire whether on the 11th May the goods were the property of Messrs. Snead, or whether they were still in the possession of Mr. Harris. Messrs. Snead did not cliim any goods that might have been put into the house after the bill of sale was executed, and lie tihould show them that all the goods in the house tnat were levied on the Iltli June were in Mr. Harris's possession when the bill of sale was executed. This deed was duly registered, but that question did not arise in this case, as the execution they now com- plained of was put in previous to the twenty-one days If he proved what lie had stated he should ask them to give their verdict for the plaintiffs. Mr. Evan was then called, and said: lam the manager or tne bank of Messrs. Snead, and was the cashier- on the 7th May; on that day the Rev. Frederick Walpole Harris, of Llandefally, applied to me for an advance of £ 185; I consulted the partners, Messrs. Snead and Morgan, the plaintiffs in th's case; at that time Mr. Harris had an overdrawn account of X440, and there were bills overdue amounting to £ 80; tho partners grauted the application under certain conditions, which were drawn up in the form of a deed; afterwards a cheque was drawn on the bank for £ 185; the handwriting in the cheque produced is Mr. Harris's; it was paid to Mr. David Thomas, the under-sheriff for Breconshire. Cross-examined: The cheque was paid, and the money handed over to the National Provincial Bank of England we have an exchanging house; the full value was given for the cheque; Mr. Thomas WIg pre- sent when the arrangement was made Mr. Harris informed me that there was an execution in his house, and that he required money to pay it off; I believe he told me it was at the su t of a man of the name of Allen; it was not at the suit of the bank. Mr. Giffard: How was the cheque paid ? Mr. Jones: It was paid over to Mr. Thomas in my presence there was an execution in Mr. Harris's house, and Mr. David Thomas is the under-sheriff; the cheque was paid to Mr. Thomas in Mr. Harris's presence. Mr. Giffard Do you mean to say that money was given in exchange for it? Mr. Jones: Yes, it was, on the 9th May; it was presented by a clerk of the National Provincial Bank of England; I believe it was the only cheque presented at the time. The witness was unable to state in what the cheque had been piid, and while the books were being sent for, Mr. D. W. J. Thomas was examined, and said: I am the under-sheriff for Brecon; on the 7th May I received a writ of fifa directing me to levy on goods of Mr. Harris to the amount of X184 17s. 6d., at the suit of Mr. James Lawrence; I wrote to Mr. Harrii re- questing him to come and see me; I had seen him the day before, and he rather expected something (laughter); when Mr. Harris came he told me that he thought, with the assistance of the bank, he would be able to pay the amount; he brought Mr. Jones with him, but I understood, either from Mr. Jones or him- self, that the bank would not pay it; they went away to see the partners, and I understood that they would not advance the money unless security were given for it; I was instructed to prepare the necessary deed; that produced is the one Mr. Harris wrote out a cheque in my presence, but I gave him to understand that I could not take his cheque, and Mr. Jones then wrote across it Allowed, Snead, and Morgan I then took it; it was for £ 185; there was no balance, the costs of preparing the deed making up the amount to that sum; the National Provincial Bank is our bank, and I believe that the next, morning I pa-d in the cheque to my account I am the attesting wit- ness to Mr. Harris's signature to that deed, wh chwas executed on the 7th May, in my presence. (The deed was here put in.) Cross-examined: It was after six o'clock in the evening when the deed was exeeuted; I was aware that an assignit,etit for the benefit of the credit r, of Mr. Harris was in contemplation; Mr. Harris told me only the day hef>>re; I had not heard it before that time when the ba liff was in possession I received a letter from Messrs Bi-hop, saying that there was wine and other property on the premises that were not there a' the time of the deed; I am not aware of any deed of assignment having been exeeuted by Mr. Harris up to the present time; I saw one, but. it was n t attested; I d'd not atr-nd a meeting of Mr. Harris's credito-s on the 20th May, nor did I direct any one to do so; I was cognizant of the convening of tne creditors by Mr. Edwards, and I allow-d him tho use of illY clerk to write out the notices; I believe the present pluintiffs declined to assent to the deed of as- signment. VI r. Jones was then re-called, and produced his book, and stated, in replv to Mr Gitf-rd, that they gave in exchange for thr- e cheques 289 8s 61. cash, a chI que for £ 80 10.. 6d.. and another for £100, dra-,n on tne Natmn 1 Provincial Bank; tIPY had not taken any proceedings in I ef..reocp to the Hishon-ured cheque, but h' Id them now; the htiik had not contented to the "eed of assignment tor the beo, fit of crediuxs wit- ness had consented t > he une of the rus'ees, but this WHS 'o he without prejudice to the hank; witness was h only trustee; received the tithes ot the pa isfi of LInd. fall., sind hai received X414 10s. from Mr. Edwards, of King' i ynn. Re-examined The receipt of the tithes has nothing to do with the ballk. Margaret Collins, a servant in 'he employ of Mr. Harris, « ho nad been with him since tho 4th of Aoril, stated that she was well acquaint d with the gjods at the hou-e of her master. None had b-en i-emove -1 be- tween the 7th and 11 th May, nor down to the present time. Cross examined Did not know whether some things had not been brought there. Witness went away on the 9th and returned on the 14th. She then found some things there which were not there before. Witness enumerated the articles in questiou, which consisted of a number of tables and chairs. Mr. Bowen stated that was his case. Mr. Giffard said in regard to the larger part of the goods, he did not feel that he ought to waste time about it. The plaintiffs had proved a prima facie case, and he had no means of answering it. With regard 11 9 to another part of the goods, they were not delivered till after the agreement. These included some spirits and wine, with regard to which the probability was that they were not now in esse. (Laughter.) Mr. Giffard then called witnesses to prove that a quantity of wine was delivered at the house of Mr. Harris after the agreement had been come to. The first was Mr. Joseph Miller, of Hay, who stated that by the direction of Mr. George Hope, of the Rose and Crown, he sent nine cases of wine to go to Talgarth. They were sent on the 4th May, and were directed to the Rev. F. Walpole Harris, the value being X29. Mr. Price, station master at Talgarth, deposed to hav- ing handed them over to Mr. Wm. Thomas, of the Radnorshire Arms. The latter stated he had delivered the cases at Mr. Harris's about half-past twelve o'clock in the day of the llth. Thomas Spencer, a packer to a house in Bristol, and who had packed the furniture sent to Mr. Harris, stated he should consider its value to be about twenty guineas. His Lordship expressed his regret that when the plaintiffs claimed the goods under the bill of sale, and the sheriff had seized them, no application had been made by plaintiffs to get them to specify what goods they cla'med. If this had been done all this litigation would have been saved. The jury then, by his Lordship's direction, returned a verdict for the plaintiffs for the goodi ill the house before the 7th of May. and for the defendant for the goods put on he premises after that date. The court then rose. TUESDAY. (Before Mr. Baron CHANNELL and a Special Jury.) THE DEVYNOCK REAPING MACHINE. CHALMEBS V. HARDING. In this case Mr. Giffard, Q.C., and Mr. T. Allen, instructed hy Mr. (James, were for the plaintiff; and Mr. Bowen and Mr. Colerid-e for the defendant. Mr. All-n opened the pleadings, and stated that the plaintiff agreed with the defendant to buy a certain reaping machine for a certain sum of money, and the defendant agreed that the reaping machine should be of good quality, and cut wheat, barley, and other grain crops, in an efficient manner. The plaintiff com.,lained that the machini- was hy no mpins ai-swer-ble t-) the de cription while the defendant pleaded there was no such arrangemeut. Mr. Giffard stated the c<se. Thp plaintiff was a farmer livtug at Loscoed, De ynock, and the defen dant a scientific implement mtuufac urer, living at Darsley, Gloucestershire. The circumstances our of wnieh this transaction arose -erp thi-e. It appeared that as far back as 1861 the plamtiff and defendant became acquainted witll One anoiher at one of the great agrieultural shows of the country, and on that occa- sion plaintiff purchased of defendanta trio >ving machine, about which he should hav. something ni-,re to -ay presently. It was delivered and paid for, "nd nothing arose out. of that except upon a matter which was col- lateral with the present enquiry. The mowing machine did its duty web and effioieotly, and the plaintiff had every reason to be satisfied with what he then got. In th month of July 1865, when the crops on Loscoed farm were getting in a position to be cut, the plaintiff set about procuring machinery to cut tbem, and had a correspondence with the present defendant. That correspondence was material, as a great. deal of the complaint of the present plaintiff arose out of the statements in those letters. The plaintiff alleged that + h Sf fers defendant warranted the machine 0 °/ & first-class description for the purpose for which it was designed. The fit st letter was dated 15th Ju'y, 1865, and was from the defendant to the plaintiff, in which he said he had a second-hand Wood's reaper he could offer him for £ 16 16s., provided plaintiff let him know by return of post. It formerly belonged to a gentleman who gave 35 guineas for it and only cut 50 acres with it, and it was none the worse for it. He could not recommend it for cutting grass crops, but could recommend it for cutting wheat, barley, oats, and other grains. The learned counsel then quoted from the other letters sent by defendant to plaintiff, in which he stated that Wood's mowing raachine had taken the first prize at the Plymouth Royal Agricultural Society, and that the one in question was in first-rate order. He then said that those let'ers settled the con- tract which was made on the part of the defendant. There were two counts in the declaration, one of which was founded on the statement of defendant to plaintiff that tho machine should hi, of the quality represented. He (the learned counsel) knew that many persons supposed that if the word "warrant" was not used, there was no responsibi!ity attaching to them after- wards in rcspect to what they said. That was a great mistake. 11 a person sold an article knowing it was for a certain purpose, there was an implied warranty that it was fit for that purpose. There was another count in the declaration which made the same com- plaint, and also imputed to the defendant a fraudulent
Family Notices
BIRTHS. BROUGHTON.—At Llandefaelog House, near Brecon, Aug. 1, the wife of Frederick Broughton, Esq., of a son. Jo--s-Es.-At Llyswen Rectory, July 26, the wife of the Rev. W. Powell Jones of a daughter. DEATHS. PARRY.-At Bronllvs, July 10, aged 71, Eleanor, relict of the late Mr. John Parry, Brecon. She lived much respected and died much regretted by a large circle of relatives and friends.
———-— APPOINTMENTS FOR THE…
—— —-— APPOINTMENTS FOR THE ENSUING IV, EEK. HONDA v ..Brecon Monthly Town Council Meeting. Brecon Borough Petty Sessions. Briery Hill Fair. TUESDAY Rifle Competition at Llangorse for the Association Cup. WEDNESDAY.Crickhowell County Com-to SATURDAY Brecon County Petty Sessions. Brecon Highway Board. Defynock Fair.
NOTICES.
NOTICES. Owing to a press of mattn- we are obliged to hold over till next week our reports of the Brecon Toicie Council Meeting, Brynmawr Board of Health, Abergavenny Petty Sessions, and some minor matters.