The Express.
London, England, 1847-04-23 00:00:00

COURT OF QUEEN'S BENCH.

Ex PA lITIS CIFLIFFITII6.—ADMLNISTILATION OP TILE
GAME-tan's.—Mr. Fallacy moved for a rule calling on
John Edward Saunders, E q., a magistrate of the county of
Caermarthen, residing near Caermarthen, to show cause why
• crinsieal information should not he filled against him for
has ing refused to admit to bail one W I iara 0 ritfiths, whom he
had committed to take his trial for an offence against the
game-laws. By the affidavits nn which the learned coun.el
moved, the following facts were disclosed:—Aliont nine
o'cleck in the evening of Monday, the 7th of December last,
William Griffiths, the applicant, and his con, were walking
on a public tramroad, near Llanethly, towards the sea-shore,
on to which a large quantity of wild fowl lath been driven
by the weather. When they were t.t a spat two miles distant
from any place containing game, a man on horsebackcanse up,
called out to them " Who are you ?" jumped off his horse,
seized the cider Griffiths by the collar, and held up a whip as
if about to strike. Griffiths held up a Fun which he had in
his hand, and the man then let go, esyang, " 1 know you,"
and went away. Mama eight o'clock in the evening of the
following Friday, a policeman rent to the house of Griffiths,
which is near Llanethly, took bins and his son to the house
of one al:Kiernen, handcuffed them, and then locked
them up all night. On the next day, Gr.ffiths
and his son were taken to the patty 'anions, at
Caermarthen, a distance of 21 miles, although petty ses-
sions were that day held, according to custom, at Llanethly.
When Griffiths was brought before the magistrates at C ter-
marthen, it appeared that the warrant fur his apprehension
had been issued by Mr. Saunders, who was present, and
assumed the management of the case. Tr • witnesses were
called M Kiernan, the man who had collared Griffiths on
the Monday evening, and the policeman who had taken
Griffiths into custody. The former described what had taken
place en the Monday evening ; and, in addition to the state-
ment above set torte, said that he was a superintendent in
the service of the Berryport and Caermarthen Trararoad
Company that on hie approaching the younger Griffiths,
the elder moved towards him, as if about to stoke, and Paid
that he would " settle " him that he hail told them they
had no business on the company's property that there were
some rabbles on land of the company about two miles distant
from the place where he saw Griffiths and his son, into which
land, however, they did not enter and that he had no
doubt "they were out for the turpose of taking or killing
game that night somewhere." the policeman said that he
had seen at the lone of Griffiths, on the night when he ap-
prehended him, the skin of either a rabbit or a hare, but
of which he could not say, as he did not notice. Mr.
Saunders was very angry with the policeman fur not stating
positively of what animal the skin was, and said that he
should commit the prisoners to take their trial at the quarter
sessions. One of the magistrates present said something
against committing the younger Griffith,, who was only
fourteen years old, and Mr. Saunders consented to let him
go, but he committed the elder for being found on land is
the night armed, with the intent of killing game there, and
for offering violence to the person who tried to apprehend
him—a transportable offence under the 9 Gee. IV. c. 69,
e. 2. The warrant of committal was signed by another
magitoratc, who had not taken any part in the proceedings,
and by Mr. Saunders, who, at the time of committing, said
that he would not take bail. At the next petty sessions,
which were held on the 19th of December, application to
admit Griffiths to bail was made to Mr. Saunders, and two
respectable tradesmen were tendered. Mr. Saunders refused
to take the bail, alleging that they were not worth 1001.
each; that they would nut do unless they were farmers;
and that the elder Griffiths was an escaped convict. Now
Griffiths had been sentenced in 1839 to be transported for
seven years for larceny : but he had been pardoned on the
ground of goal conduct after service in the hulks fur four
years, and had received a certificate of pardon, a suit of
clothes, and W. in money. The certificate was produced and
shown to Mr. Saunders, who said that it was counterfeit;
that counterfeit certificates were sold at the hulks for 6,11. ;
that he could not take bail until he bad an answer to a letter
which the gaoler had been ordered to write shout the certi-
ficee ; and that he would let them know when the answer
arrived. A few days afterwards the bail received a letter
from the magistrate's clerk, saving that the certificate was
genuine, and they had better come; and on the 29th of
December, being a week before the quarter sessions, they
went to the house of Mr. Saunders, to tender themselves
again. They found him entering his carriage. He turned
to them, and said that he had sent to their pariah, and found
that they were not worth 1001. ; that putting in bail would
cost them do much money; that the sessions would be held
in a week's time ; and that they had better leave him where
he was. They replied that Griffiths bad a wife and chil-
dren; that the children werkell under him, and could not
work, while he was in gaol, for want of dia,ctions. The wife
of Griffiths then came forward. She was in tears, end Mr.
Saunders asked who she was. On being told, he said it was
of no use; they should not get him nut till the sessions.
Griffiths, therefore, remained in gaol until the sessions,
which were held on the Bth of January, wht n be was tried
and acquitted. Ho now swore that he had never been
guilty of an offence against the game laws, and that the akin
seen at his house was a hareekin left by a friend
to be sold for a small suns to a woman who
travels the country collecting hare,skins. The greatest pas-
sible difficulty had since been thrown in the way of redress.
The warrant had been given up by the constable, and it was
only by the intervention of the Vice Lieutenant of the
county that a copy of it had been obtained. Even now a
copy of the information could not be obtained.
Lord Denman: Is it rumoured that Mr. Saunders pro-
cured the information to be made before him ?

Mr. Pashley: It appears that the attorney for the informa-
tion was not the attorney of Mc Kiernan, who resides at
Llanethly, but an attorney who resides at Caermarthon, and
is the attorney of Mr. Saunders. The application is in time,
because the rule is that it be made in the tern, next but one
after the act complained of, eutiiciently early to admit of
cause being shown in that term.
Lord Denman : You are entitled to a rule.—Rule nisi.
COURT OF COMMON PLEAS.
Sittings in Banco.
GILES AND ANOTHER D. CORNFORT.—RAILWAT LlA-
.mm:rtes.—This was an action brought by V.e engineers of
the Tunbridge and Rye Harbour Railway against the de-
fendant, as a member of the acting committee, to recover
1,600/. for services performed by the rlaintiffs in behalf of
the said company. The ease was tried before the Lord Chief
Justice, at Westminster, on the 10th of February last, when
the plaintiffs were nonsuited by direction of the learned judge.
Mr. Serjeant Channell now moved for a rule to show cause
why that nonsuit should not be set aside and •
new trial had, on the ground that the question u to
the defendant's liability ought to have been left to the
jury. Rule refused.
times AND ANOTHER V. SMITH.—This case also was
tried before the Chief Justice at the last sittings in Middle-
sex, when a verdict was entered for the dofendalt. Mr.
Serjt. Channell now moved for a rule to show cause why
there should not be a new trial, on the ground of misdirec-
tion. Rule refused.