The Carmarthenshire Summer Assizes were sitting on .
The Foreman of the Grand Jury was George Rice Trevor, who was also the local official responsible for the police actions against the Rebecca Rioters, the one who had called in the riot police from London, and the one who had established the rewards to be given to informers. Now he would be deciding the fate of the accused, I figured. Such is Due Process.
But a second “petty jury” was called for the Rebeccaite case, so it is unclear to me from the news coverage quite what role the Grand Jury had in it. In any case, this time around the jury was not stacked well enough to gain a conviction for the government.
The Judge said, in part, in his introduction to the Grand Jury (this and what follows comes from the report in the Pembrokeshire Herald and General Advertiser for ):
I perceive that there is one case, which, by the depositions, seems to have
arisen out of the unfortunate occurrences which took place in this county
last year, and of which you have heard so much. The depositions seem to shew
that the party charged is guilty of having attempted to demolish a house — an
offense, I need not tell you, which is of a most serious nature. In order to
constitute that crime, you must be satisfied beyond all reasonable doubt, that
the party charged, not only intended to demolish the house, but that he did,
by himself, and by others under his immediate control, or who acted under his
instigation and authority, actually commence the work of demolition. There
seems to be no doubt of that, if the facts stated in the depositions are
strictly true, for it is positively alleged, that not only did they begin to
demolish the house, but that they actually accomplished the demolition. You
are aware that merely breaking the windows of the house will not be
sufficient to warrant you in sending the parties charged, to take their trial;
it must be strictly proved that a successful or unsuccessful attempt to
demolish the house itself did actually occur.
The trial of David Evans for Rebeccaite demolition took place .
Trial of a Rebeccaite
David Evans, aged 48, farmer, was indicted for having, on
, riotously, unlawfully, and feloniously demolished, pulled down,
and destroyed a certain dwelling-house and toll-gate, situate in the parish of
Llanfihangel-ar-Arth, in the county of Carmarthen.
That is within a day or so of the attack on the Carmarthen workhouse, which was possibly the largest-attended and boldest (it took place in broad daylight) of the Rebeccaite attacks, though it was quelled by the military. I’ve also seen the place called “Llanfihangleararth” and “Llanfihangle-Yeroth.” At the time (see ♇ 26 June 2014), the attack on the gate and toll-house there was estimated to have been accomplished by seventy people, which makes Evans a pretty unlucky fellow to have been singled out like this (or, perhaps he was deliberately singled out as a ringleader).
Several petty jurors, who did not answer to their names, were fined forty
shillings each. The officer of the court called over nearly two-thirds of the
jury-list, and only three jurymen answered. — His lordship then directed that
the list should be gone over again, and that every juror who did not answer
should be fined forty shillings; the result was, that a jury was procured in
the course of a few minutes.
Mr. Chilton briefly stated the case to the jury, and said, he would call
before them David Thomas, who would tell them that, up to
, he, and his wife and family, had slept in the toll-house in
question, and had collected tolls there — tolls payable at Llanfihangel gate.
; and on — having heard that the gate and toll-house in which he
resided was to be destroyed that night, he had caused his furniture to be
removed, to prevent their sharing in the common ruin. This was one of those
many cases which it would be almost affectation to suppose the jury had not
heard of. He (Mr. Chilton) would shew them, that on
, a very large assemblage of people came to the house and gate at
Llanfihangel. They were variously disguised, having white dresses on, and
their Faces blackened. Many of them wore dresses usually worn by women. The
first attack on the toll-house was made by the prisoner, who had broken one of
the windows with a gun he had in his hand, and which gun he at intervals
discharged. The roof of the house was taken off, and the walls battered down.
While the people were destroying the gate and toll-house, the prisoner walked
about, giving orders in English — marching up and down, with his face
blackened, among the mob, and giving directions. He (Mr. Chilton) would call
three witnesses, who where present on the night in question. His learned
friend (Mr. Hall) would probably tell them that as those persons were
accomplices, this evidence, unless strongly supported by that of other
persons, ought not to be received — or at most received with great caution;
but he (Mr. Chilton) conceived they were were not accomplices in that sense of
the word which rendered their testimony suspicious, or unworthy of credit. One
of the witnesses would tell the jury that he was there in his usual dress and
took no part in the proceedings that he looked on, but was, of course, totally
unable to resist the crowd of persons who were there assembled. Two others
were compelled by the mob to be present. The jury would hear from various
witnesses, that the prisoner had made use of certain expressions subsequent to
the commission of the offence with which he stood charged; and they would also
hear from a magistrate what the prisoner said at the time he was committed. He
concluded his opening address by explaining why the case had not been brought
forward earlier; and assured the jury that he placed the most implicit
confidence in their integrity, and felt sure that they would not shrink from
discharging their duty faithfully and honestly.
Thomas Jones examined by Mr. Vaughan Williams: I am a farm servant, and
remember I had heard that that
gate was to be broken on . In
consequence of what I heard I went up to see what I could see of it. About
I reached the
gate, and saw a great many people come to the gate
.
They were variously dressed — disguised — they were very much like ladies.
Their faces were blackened, and their hats were tied down to resemble bonnets.
I know Daniel Evans the prisoner was one of them. He was dressed in white, and
his face was coloured. I knew him, because I was near enough to him, and I saw
him break the upper window of the toll-house with the point of his gun. The
crowd were all about him at the time. Prisoner was talking something to them
in English, but I did not understand what he said. After prisoner had said
something to them in English they (the crowd) broke the gate and pulled the
house down. While the people were pulling down the toll-house the prisoner did
nothing but fire off his gun a few times. There was a great deal of noise
there — noise occasioned by breaking the things, and by the people cheering. I
think there were more than fifty people there disguised. I was not disguised.
I had known the prisoner before, and was close by him when he broke the window
with his gun. I knew his walk as he walked up and down, when the people were
breaking the gate and house. I also knew his voice.
Cross-examined: It was rather a bright night. There were a great many there
expecting the people to come and break the gate beside myself. I did not see
David Jones of Bon-y-maen there, nor David Evans, of Brydbwll. My master’s
name is John Lloyd. I was not in his service
. I do not know of any quarrel that ever took place between my
master and the prisoner. I never heard that the prisoner went to prove who had
broken the gate at Wernmackwydd. I never heard that my master was charged with
having broken that gate. I did not see John Jones, of Cross Inn, there that
night, although I have heard that he was employed to watch the gate.
David Jones examined by Mr. Chilton: I remember
. Some time after I had gone to bed on
some persons came to my house.
The first thing I heard was guns being fired. The people who came there
knocked at the door and window. I went down stairs. It was a fine night, and I
saw three or four people there by the door, dressed in strange clothes,
similar to women’s clothes. Their faces were coloured. They asked me in
English for pickaxes. I told them I did not understand what they said. One of
the party then asked me in Welsh. I saw one gun there, and it was put opposite
to me when they asked for the pickaxes. They told me to dress, and that I
should have not much time to dress. I was very much frightened. They compelled
me to go with them, and I went to Llanfihangel gate with them. When I reached
the gate the first thing was a window broken. I saw the gate falling down. I
heard a person there talking English, but I did not know who it was. I saw
David Evans, the prisoner there. I have known him about 15 years. He was
dressed in something similar to a woman’s dress, and his face was discoloured.
He asked me to throw a few sticks on one side. They were sticks which had been
taken off the house. He had a gun with him. I knew his voice when he spoke to
me. There were a very great number of men there, and many of them were
disguised. A great many were engaged in pulling down the house. The prisoner
told a few of them to work well. He fired his gun off occasionally, and others
did the same with guns they had. There was a great noise and disturbance made.
The roof was all pulled down, and the walls were half pulled down — that is,
half from the eaves to the foundation.
Cross-examined: My face was not blackened, and I did not halloa with the rest.
I know John Lloyd of Dolmaen. I am a tenant of his. I know Evan Rees of
Brydbwll. I know John Oliver, of Bedwhirion. I do not know that those three
persons were charged with having broken Mr. Bowen, of Wernmackwydd’s gate. I
do not know that the prisoner was to be a witness against those persons.
Re-examined: The men asked me for a mattock. I have since had it explained
that a mattock is a pickaxe.
Evan Evans examined by Mr. V. Williams: I remember the night that Llanfihangel
gate was broken. I was going to bed that night, when a person in disguise came
to me and told me I was bound to accompany him to Llanfihangel gate. I said I
was tired. The man said I must go. My wife begged of me to go for fear I
should put her and the children in peril. I then went with them to the
turnpike road, where I saw scores of people. Some of them had guns, which were
fired off, and many of them were disguised. I went with them to Cross Inn, but
before I got there I recognised David Evans, the prisoner, as one of the
party. He was disguised in a white dress, and had his face discoloured. He had
a gun in his hand. I was talking to him as I knew him very well. I was his
tenant. My face was disguised. I said to him — “David, is it you are here?” He
replied — “Do not call any person by his name.” I then went on to Llanfihangel
gate, and saw the prisoner there. Some days after I saw the prisoner
undisguised, and said to him that there was a terrible appearance at the
toll-house. The prisoner said — “Yes, they did their work well.” Some days
after that he gave me a small letter, and asked me to take it to the smith’s
shop at Cross Inn Fach.
Cross-examined: I did not see all that took place at Llanfihangel gate. I saw
the upper window broken before the gate was demolished. I do not know who
broke it. I do not think it was the prisoner, as it was broken by a shorter
man than the prisoner. I cannot say I have heard of any dispute between Mr.
John Lloyd and the prisoner. When I met the men on the road I heard some one
call out — “We shall meet ‘Becca at Cross Inn.” Cross Inn was nearer to
Llanfihangel gate than the place where we were. I recollect asking the
prisoner to come with me to a yard by Cross Inn, to see the people they called
“Becca” pass. I went on to Cross Inn, and saw the people pass. I do not know
where the prisoner was then, as I had lost sight of him.
Re-examined: At the time I had this discourse with the prisoner about Cross
Inn, he had a white dress on, and his face was darkly coloured.
David Thomas examined: I was toll-collector at Llanfihangel gate, and had
slept in the toll-house with my wife and family the night before it was
destroyed, and had done so for 24 years. I was the lessee of the tolls. I had
heard a report that the gate and house were to be pulled down, and therefore
removed my furniture on
— that is, the morning
before the house and gate were pulled down.
By the court: I paid rent to the Carmarthen and Tivy side district road
trustees.
John Timothy Hughes examined: I am a superintendent of the rural police. On
,
I conveyed the prisoner to gaol. I did not say to him it would be better for
him to confess anything. As we were going along he said — “It is hard that I
should be punished for the whole, when I did no more than the others.” He was
speaking of the offence for which he had been committed — about the
destruction of Llanfihangel gate.
Cross-examined: I am sure he was not speaking about Rebeccaism generally. He
complained that he was singled out for punishment, when he had done no more at
Llanfihangel gate than others. He said this more than once. He said nothing of
other gates. I am quite sure his remarks had reference to the Llanfihangel
gate and the Gwarol gate.
Henry Edwards examined: I am a policeman, and had a warrant to apprehend the
prisoner on . I searched for him and found him at Llanfihangel, in the
house of David Jones, concealed upstairs. It was about nine in the morning. He
was in bed with his clothes on.
Cross-examined: I heard that morning that he had been at Carmarthen the day
previous with Mr. Bowen of Wernmackwydd.
John Lloyd Davies, Esq.,
examined by Mr. Chilton: I am a magistrate of this county, and took the
examinations of the witnesses against the prisoner. I took down the
examination of David Jones. When he (David Jones) had answered all the
questions I put to him, I asked the prisoner if he wished to ask him (David
Jones) any questions. He replied — “I’ve only to say I was there, I did no
more than others.”
Cross-examined: I recollect a person came into the room at the time the
examination was going on, but as he told me he was not a professional man, I
ordered the room to be cleared.
Re-examined: The prisoner can speak English. He is a farmer.
This concluded the case for the crown. Mr. Lloyd Hall then addressed the jury
on behalf of the prisoner, and said that, the prisoner had now to appeal to
them whether or no he was to be transported for the term of his natural
life — sent as a felon from his native land, or to be, by their verdict,
returned to his home and to his family. That the toll-house of Llanfihangel
was destroyed on the night in question was beyond doubt but that the prisoner
was a participator in that riotous and disgraceful affair certainly was very
far from being established. The prisoner had from the very commencement
repeatedly said he had not touched the house. The witnesses for the
prosecution did not agree in ascribing the act of breaking the window to the
prisoner. One of them, who knew him well, said, it was not the prisoner who
broke that window while the other witness, who did not know the prisoner so
well, swore positively that the man who broke the windows was also the man who
acted as leader of the crowd. With regard to the conversations which had been
given in evidence very little weight could be attached to them as it was
apparent that the prisoner only adverted to the affair in terms similar to
those which any innocent person might have used. The whole case depended upon
the evidence of the two first witnesses, Thomas Jones and David Jones. The
jury had heard something relative to another case which had taken place on the
day previous to the prisoner’s arrest. They might infer, from what they had
heard, that the witnesses were influenced by private feeling in giving their
evidence, and in the colouring which they gave to their statements. The
learned gentleman then eulogized the government for having treated the persons
charged with Rebeccaism, during the last Winter Assizes, with marked leniency,
and regretted that a similar course had not been pursued on this occasion; and
this old affair — this old prosecution which had slumbered for twelve months
had not been abandoned. He then analysed the evidence of the witnesses, and
told the jury that if they were to convict the prisoner upon such evidence
they would be grieved in after years by the reflection that they had upon
insufficient evidence been the means of banishing a man who might be entirely
innocent, from his country and from his friends.
The learned judge summed up the evidence at great length to the jury, who
after retiring for an hour and 40 minutes, returned the following verdict—
“Not guilty of demolishing but guilty of being in the company.”
The prisoner was then removed in custody, and was tried upon a second
indictment on .
The article proceeds with that trial a bit further on:
David Evans, who was tried on on a
similar charge, was charged on a second indictment for destroying a turnpike
gate, called Gwarallt, in the parish of Llanllwny, in this county, on the
night of , pleaded “Not guilty.”
After hearing the evidence, the jury were locked up, and
were discharged; his
lordship informed the prisoner that he was liable still to be prosecuted at a
future assizes, of which notice would be given him.
A little further on it is explained:
David Evans, who was indicted for a misdemeanor
, connected with the destruction
of the Gwarallt gate, was this morning discharged, the jury, who had been
locked up all night, being unable to agree as to their verdict.
