From the Cambrian:
. — This
morning, the business of the Court commenced at the usual hour. The
Attorney-General begged to enter a nolle prosequi as it
regarded the indictment for felony against John Jones [acquitted of having
sent a threatening letter], 22, farmer, Thomas Hughes, sawyer, and Benjamin
Jones, charged with having committed a riot, and feloniously demolishing the
dwelling-house of Griffith Jones, being the Pontarlleche toll-house. The
charge of misdemeanour for destroying the gate, was removed by a writ of
certiorari to the Court of Queen’s Bench.
Case of the Late Mr. Thos.
Thomas.
David Evans, aged 20, farmer, and James Evans, 25, labourer, were arraigned
upon an indictment charging them, with divers others, unlawfully, riotously,
and tumultuously assembled at Pantycerrig, in the parish of Llanfihangel
Rhosycorn, and with having, during the riot, assaulted one Thomas Thomas, and
with force demanded the sum of forty shillings, with intent to steal the same.
Both prisoners, who were defended by Mr. Nicholl Carne, pleaded “Not Guilty.”
Considerable interest was felt as to the result of this trial, from the
circumstance of the prosecutor, who was the principal witness, having been
found dead under very peculiar circumstances, and that of his premises having
been fired soon after the prisoners had been committed. The Attorney-General
said, that the charge against the prisoners was one of misdemeanour — for
having committed a riot in going to the house of the prosecutor Mr. Thomas
Thomas, who had since lost his life; but he must in justice to the prisoners
observe, that having been in custody, that circumstance could not in the
remotest degree cast any reflection upon them. Whatever violence might have
been offered Mr. Thomas Thomas (and he did not say such was the case), it
could in no way have been done by them. The names of the prisoners could not
be connected with any catastrophe of that kind, for they were in gaol at the
time. It was only to be regretted that the deceased’s evidence could not be
obtained excepting from the deposition taken before the Magistrates, and that
was evidence in law. It appeared that a number of persons disguised in the
usual characteristics of Rebeccaites, with circumstances of considerable force
and violence, demanded a sum of money from the prosecutor, and this proceeding
did not appear to have originated for the purpose of removing any public
grievance, real or imaginary; but, in which it appeared, that the alarming
state of the country had been made subservient to the promotion of a private
end, and to the settlement of a mere personal claim between the parties. A
short time previous to , it appeared by the
deposition, that Mr. Thomas’s cattle strayed at night into a corn field
belonging to one of the prisoners, who had estimated the damage at
10s. Early on the morning of
, a number of disguised persons
assembled together and surrounded the house of Mr. Thomas, and demanded
5l. as a satisfaction
for the damage done to the corn. Thomas would not allow them to enter his
house, neither would he go out to them, but refused to accede to their
request. They then reduced their demand to
50s. and subsequently to
40s. They then dragged
Thomas from his own house to the house of the prisoner David Evans, and when
Thomas challenged them with having offered to settle the matter for
10s., Evans said, “’Tis now
in these people’s hands.” It was for the jury to judge from that expression,
whether the riot did not originate with him. The deceased then asked
permission to remain in Evans’s house, but he was finally taken back to his
own house, and allowed nine days to pay the money. Some time afterwards Thomas
was found dead, under circumstances which he thought justly created no
suspicion against any one. As far as he (the Attorney-General) could learn,
those who possessed the best means of judging, were of opinion that strange
and unaccountable as were many of the appearances, there was no just
foundation for believing that he came to his death by violence. As reports had
been circulated, he thought it right publicly to state for the sake of the
character of the county, that, as far as his opinion went, there had been no
reasonable grounds for supposing that the man was murdered. To resume his
statement, the jury would find, that, at one o’clock, the younger prisoner and
the other, who was his servant, were at the prosecutor’s house. Thomas
distinctly swore to the presence of both the defendants, as the jury would
find on reading the deposition. In three or four days afterwards a complaint
was made, and a a warrant issued, for the apprehension of the defendants. On
, the officer went to David Evans’s premises, and asked him for
James Evans, when the former said that James had left his service in
consequence of a quarrel, and that he had not seen him for many days. The
premises were searched, and James Evans was found concealed beneath some straw
on a loft. It would be proved that David Evans, in speaking of the
transaction, said that they should not have done what they did, if Thomas
Thomas had paid the money, and while before the Magistrates, the prosecutor
persisted in saying that the demand was
5l. then
50s.s., and then
40s., when David Evans added
that he had offered to take
1l. The jury must
observe, that he assented to the truth of all the evidence, with the exception
of the reduction to 20s. He
had also pointed out the spot where he had offered to accept of
1l. He would now read
the deposition. The Attorney-General then read the deposition, as taken
,
before Col. Trevor and J. L.
Price, Esq., in the presence
of the prisoners. The deceased stated, that on the day in question a number of
people came to his house, and demanded satisfaction for the trespass, as
described. Deceased did not go to the door, but his wife went. They at last
reduced their demand to 40s.
He was then taken by the collar by one of the disguised party calling himself
“Becca,” and was taken to Bergwm. When there he distinctly recognized James
Evans, who behaved worse to him than any of the others. He also recognized
David Evans. James Evans had with him a short gun, and had his face blackened.
David Evans was but slightly disguised. The Attorney-General observed, that he
could very easily have identified him. They then took him to the Bergwm field.
They kept him outside the door until some one went in to tell the inmates,
lest they should be frightened. They then took him to the house, when he told
David Evans that he had agreed to receive
40s. for the damage when the
latter answered, “’Tis in the hands of these people.” The Attorney-General
commented upon this answer, as affording convincing proof that the prisoner
acted in concert with the mob. The deposition further stated, that after
coming out of the house, James Evans pushed witness on in a contrary direction
to his home, and when alone, told him, “I wish to kill you.” The party who
personated Becca called upon him to bring the witness back. So that Becca,
observed the Attorney-General, appeared to have been actuated by better
considerations than the prisoner James Evans. The deposition concluded by
stating that the party allowed deceased nine days to pay the money, and if
they would visit him again, they would burn his effects. — The
Attorney-General proceeded:— That was the deposition of Thomas Thomas. He had
gone to his account; but the jury could not, in consequence of that, be
satisfied with less proof. It was not necessary there should exist that
certainty which could be produced only by witnessing the scene, but with that
degree of reasonable certainty which would satisfy them in any important
concerns of life. He hoped they were now rapidly coming to a close with the
cases. He did not know but that he might be addressing them for the last time.
That, he believed, was the last case in which these parties had taken
advantage of the agitated state of the county for the purpose of committing
outrages. The guilt was not inconsiderable of those who took advantage of the
turbulent state of the country, arising from real or imaginary grievances, and
perverted it to their own selfish purposes, for others had some
excuse — excuse he should not have called it — pretense rather, who did those
things on the ground of abating a public grievance. — The object of those
prosecutions was not to punish every individual who had been concerned in the
disturbances. Their number was so great that no reasonable man could wish,
even were it possible, to punish all. The extent of the outrages and the
number concerned in them forbade that wish, but the grand object was to
restore the authority of the law, and regain the confidence of those who
relied upon that authority for protection. He trusted the conduct of those
whose duty it was to advise the Crown would not be thrown away in reclaiming
the misguided inhabitants of that county. With those observation he would call
the witnesses, and leave the case in their hands, and he had no doubt they
would do that justice which the circumstances required. He (the
Attorney-General) might be permitted to add — and he did so with unfeigned
sincerity, that he had been in various parts of this country performing his
official duties and exercising that profession to which he belonged, but he
never, in the course of his experience, addressed any gentlemen who inspired
in his mind more confidence, that the duties they discharged were done
consistently with a sense of right; and he begged to thank them in the name of
the public and of the country, for the attention, impartiality, and justice
which marked the course of the proceedings which he had the honour to
advocate.
[The following evidence was called for the purpose of introducing the
depositions.]
Robert Bray, Superintendent in the A division of the Metropolitan Police,
examined by Mr. Chilton,
Q.C.: Knew
deceased — saw his body the morning it was picked up.
Mr. Spurrel examined:– Am Clerk to the Magistrates. [Deposition handed to
witness]. This is the deposition made by Mr. Thomas Thomas; I saw him sign
it — the Magistrates also signed it.
Cross-examined by Mr. N. Carne:— Mr. Thomas Thomas first made his statement in
Welsh, and it was translated into English by Mr. Price, the Magistrate. He
translated into English, everything stated by Mr. Thomas. He was not sworn as
an interpreter. I understand Welsh sufficiently well to understand the
evidence given.
Mr. Carne went over the whole of the deposition, criticising upon the various
English words, given for Welsh expressions used by the witness.
J. Lloyd Price, Esq.,
examined:— Am a Magistrate for this county. Took the deposition of Thomas
Thomas. It was taken in Welsh. He understood English sufficiently well to
correct anything which was written not in consonance with what he had said. I
was at Bergwm, the residence of one of the prisoners. I do not remember the
day, but it was on a Friday previous to the apprehension. I remember it,
because, on the following night, his houses were burnt down. I was accompanied
by a policeman of the A division of the Metropolitan police, and a special
constable. I went with the officers to show them the house, because I could
get no assistance in the neighbourhood that I could depend upon. When I went
there, I found David Evans in bed. When he was asked for James Evans, he said,
“He has left me; I would not allow him to go to Brechfa fair, and he got
offended — has left me, and I have never seen him since.” He repeated the
statement before I sent out the policeman to search the place. The officers
then went ont, and I saw James Evans brought from a hayloft. The officers
brought him to the house. I remember that near the close of the examination of
Thomas Thomas, when he said that they demanded
40s., David Evans said,
“When near the gate, we consented to take
20s.”
Cross-examined by Mr. Carne:– I translated nearly the whole. There might have
been some portions of his statement irrelevant to the business omitted. Some
people state many things which are quite irrelevant. During the first portion
of the examination, I put questions to commence the examination. I had taken a
previous examination for the purpose of issuing a warrant. I took that down in
writing, but after the second examination, made in the presence of the
prisoners, was over, I did not think the first examination of any importance,
so I put them with other useless papers.
The depositions were then put in evidence, and read by the Officer of the
Court.
Thomas Evans examined by Mr. Evans,
Q.C.:— Is a
mason. Lives with his father at Ty’nyfordd farm, half-a-mile from Pantycerrig.
Lives a mile from Bergwm — the house of the prisoner, David Evans. Remembers
. Remembers being disturbed about twelve or one o’clock that
morning. Heard a man crying out “heigh” three times at the window. Went to the
window. Saw people outside. There were several people present, but I could see
only three. The first thing I heard was a man calling out, “I give you
warning, that you must not go to the farm you have taken, or we will burn your
hay and corn, as you see your neighbours’.” My father had taken a farm in the
neighbourhood. To the best of my judgment, that person was James Evans. I knew
his voice, as I was intimate with him. We had been in the same singing-school.
After this, I and my father got out of bed, and went out of the house. We
heard several guns fired. When in a field near Pantycerrig, I saw a number of
people. It was too dark to distinguish their dress; but when the guns were
fired, we could perceive something white about them. They then returned from
Pantycerrig. I met a neighbour in the road, whom the mob had desired to shew
them the way to Pantycerrig. Next morning, I went to Bergwm. The inmates were
not up; but the servant shortly opened the door. David Evans then came
downstairs. I saw a gun on the table, and said, “Here are one of Becca’s guns,
I think.” D. Evans said, “Yes, it is;” and seemed surprised, and said, “Stop,
let me see if there is a load in it,” and blew in it, and said there was a
load. I took the screw, and drew the load — it contained powder only. I then
requested D. Evans to come out, and told him “that his servant had been at our
house, warning my father not to take the farm.” He denied it, and said “No; he
has been in the house during the whole night.” David Evans then told James
Evans, who came towards me, and said, “D–n you, tell that of me,” and raising
his fist. David Evans put his hand on his shoulder, and said, “Be quiet,
James.” Witness then went to Pantycerrig. On next day (Sunday) met James
Evans, who said, “Why did you tell
Thos. Thomas that I had
confessed being at Pantycerrig.” He said the servant of Pantycerrig told him
so, and added, that if he had a chance, he would put witness quiet enough; and
added, “Well, if you transport me for seven years, I’ll give you a coating
when I come back.”
Cross-examined:— I never had a quarrel with Evans previous to that time. To
the best of my knowledge, the voice I heard was James Evans’s. Got out of bed
when first I heard the man calling at the window. I told
Thos. Thomas when I saw him,
that James Evans was there.
Robert Bray re-called:— I accompanied Mr. Price, the Magistrate, P. C. Powell,
and a special constable, to Bergwm. I saw David Evans, and went out to the
barn to search for James Evans. I heard noise in the loft above the barn, and
got up to the loft, and saw the feet of a man showing from under some straw. I
called to him, and took off the straw. He was James Evans. We passed Thomas
Thomas’s house, who was standing by the door. I said, “It was a pity you
should have gone to this poor old man.” He said, we should not have gone, had
he paid for the damage done by his cattle on our farm.
Rosser Thomas corroborated this witness’ statement.
Mr. Nicholl Carne then addressed the jury in reply to the evidence in support
of the charge, and said he should be enabled to prove an alibi on the clearest
evidence — that David and James Evans were both in bed at the time of the
outrage.
After the examination of several witnesses, whose evidence appeared to be
totally at variance with their former statements on oath, Mr. Carne
folded up his brief and sat down.
The Judge:— Mr. Carne, if you say you will not hold a brief in this case any
longer, I think you will adopt a discreet and honourable course.
The Attorney-General replied, commenting in very strong terms on conduct of
the witnesses for the defence.
Verdict — Guilty. Sentence deferred.
Rebecca’s Daughters
John Jones, aged 21, stonecutter, William Jones, aged 17, stonecutter, Thomas
Jones aged 14, stonecutter, Seth Morgan, aged 21, carpenter, Henry Thomas,
aged 21, labourer, and Thomas Harries pleaded Guilty to the charge of having,
on , with divers evil disposed persons, unlawfully and
maliciously thrown a certain turnpike toll-house, the property of the trustees
of the Three Commotts district of roads, situate at Porthyrrhyd. — Discharged
on their own recognizances, to appear when called upon to receive the judgment
of the Court, and to keep the peace in the mean time towards all her Majesty’
subjects.
George Daniel pleaded Guilty to the charge of having, on
, committed a riot,
&c., at
Blaennantymabuchaf, in the parish of Llanegwad, in the county of
Carmarthen. — Discharged on his own recognizances, to appear to receive the
judgment of the Court when called upon.
John Thomas, smith, pleaded Guilty to the charge of having committed a riot
and an assault at Llandilo-Rhynws bridge turnpike gate, on
. — Discharged on his own recognizances, to appear and receive
judgment whenever called upon. Mr. Chilton intimated to the Court, that it was
not the intention of her Majesty’s Government, to proceed with the case
against Francis M’Keirnin and George Laing, charged with the demolition of a
turnpike gate, near Llanelly. The Counsel for the Crown looked into the
depositions, and did not think it a proper case to be proceeded with.
William Davies, farmer, Benjamin Richards, farmer, David Thomas, farmer,
William Evans, labourer, and Arthur Arthur, labourer, charged with various
Rebecca outrages, were discharged by proclamation.
Thomas Morgan, aged 28, labourer, and Thomas Lewis, aged 24, labourer, pleaded
Not Guilty to the charge of having, on
, at Dolauhirion toll-gate, in the parish of Llanegwad, in this
county, and then and there demolished the said gate. — This case was not
proceeded with; but removed by certiorari into the Court of
Queens Bench. In the course of a few minutes, the prisoners who perceived
their companions in tribulation set at liberty, wished to withdraw their plea
of Not Guilty, and to plead Guilty, but the Judge told them it was too late.
