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Knighton S.S. Work. I

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COUNTY COMMITTEE MEET.

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COUNTY COMMITTEE MEET. j ECHO OF BRYNMAWR APPEAL CASE. Breconshire Standing Joint Committee met I at the Shire Hall, Brecon, on Friday. There were present Mr J. E. Moore Gwyn (in the chair), Hon. R. C. Devereux, Messrs. M. W. Morgan, James Morgan, E. D. Thomas, E. Butler, Pros- ser Jones, Owen Price, H. F. W. Harries (clerk), the acting chief constable and others. I A Recent Appeal Case. Regarding an appeal case in re Frank v. Camp- bell and the Brynmawr justices, heard at the last Quarter Sessions, a letter was read from the magis- trates' clerk, Brynmawr, stating that they re- sented the way proceedings went, and' serious re- flection had been cast upon them which was ab- solutely undeserved. Their action was supported by authority, but the appeal having been allowed their decision bad been stigmatised as irregular and untenable, and a greater amount of discredit fell upon them through the accuracy of the notes taken at the bearing being impugned. These notes, the letter stated, were erroneously referred to it Quarter Sessions as "depositions." but they v. re taken for the convenience of the justices and their clerk; and, it was to be greatly deplored that they should have been discussed and treated as if they were depositions. The insinuation was also made that the notes had been taken down to show that the proceedings were conducted in such a way as was not consistent with the facts. The justices being all local gentlemen of standing very natur- ally resented the imputation that their proceedings were not conducted with the utmost integrity and good faith. There was no doubt that the justices were acting within their province in these cases, and they felt that the validity of the Quarter Ses- sions decision should be tested. The question arose whether Quarter Sessions were competent to deal with the point upon which the appeal was allowed or whether the matter should not have been taken to High Court. Another point was whether the ground upon which the justices allow- ed the appeal was stated in the notice of appeal and further there was the question as to whether the rejection of the evidence of the chairman of the local bench was in order. On all these grounds the justices were convinced that the Council should either apply for certiorari to quash the Order of Quarter Sessions or for a mandamus to .hear and determine. The clerk said although the letter was addressed to the council he had brought it before this com- mittee as the proper committee to deal with it. Mr James Morgan agreed and said that any re- commendations that might be made could be con- sidered by the full meeting of the council. Hon. R. C. Devereux (the chairman of Quarter Sessions) dealt with the letter at length. There was, he said, an air of affected dignity which was quite foreign to any intention of theirs to bring about; they did not condemn the magistrates in the way they had taken it or feared. The Sessions' decision was supported by authority, otherwise they would not have come to it. The question of the accuracy of the notes did not come into their decis- ion at all, and they did not refuse to hftôH ev Idence. Evidence for respondents was not called, but after the court had given their decision it was intima- ted by counsel that the chairman of the bench was present and he could have been put into the box to give evidence. The decision having «been given it was too latei to do so. The clerk, in the course of his opinion as to procedure, said the whole point was whether it was worth while going to extra expense of apply- ing to the High Court. He doubted very much whether the High Court would interfere, because the Act, under which the case came, gave appeal to Quarter Sessions and they dealt with it. They were judges both of law and of fact and they dealt with it accordingly. On that they came to the conclusion—whether rightly or wrongly it was not for him to say-that the conviction should be quashed. He was quite sure that the court had not the slightest idea of casting any reflection upon the Brynmawr justices or their clerk. (Hear, hear.) Mr Owen Price The whole thing, I under- stand, depended on a legal point. Mr James Morgan said the local magistrates went so far as to get counsel's opinion upon it. Mr Morgan proceeded to read extracts from this opinion. The Clerk The opinion of counsel always de- pends upon the way in which the case is drawn up. The chairman (Mr Moore Gwyn), as one of the justices who sat at Quarter Sessions, said he could confirm all that Mr Devereux had said. Of one thing he was certain-no reflection whatever had been cast upon the Brynmawr justices. The case was settled on a point of law. Two cases were put before them—the case of "Hamilton v. Walker" and that of "Rex v. Fry." and they de- cided that the former applied to the case before them. Mr James Morgan made further remarks re- specting the case but he did not move anything. It was decided to write to the chairman of the Brynmawr bench to the, effect that the question had been fully ventilated, and emphasisis was made on the fact that the court's decision did not, in any way, reflect upon the justices or the clerk of the Brynmawr bench, the chairman adding that the case was decided upon a technical point and not on the facts of the case at all. Ystracfgynlais Loan. The L.G.B. wrote to the' effect that they were prepared to sanction a loan, in respect to the new Ystradgynlais police station,. when the actual cost of the work had been entertained.

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Assistant-Overseers' Books.I

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I Knighton County Court. I

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