The Sun.
London, England, 1830-04-09 00:00:00

MONMOUTH ASSIZES.

Edmund Hayes and Henry Jones, two very ill-
looking men, were charged with stealing a watch,
the property of Thomas James.
Mr. WATSON conducted the prosecution.
Martha James, the grandmother of the prosecu-
tor, was called. She was a little woman, 92 years of
age, much wrinkled, having a white complexion,
silver hair, and small piercing grey eyes, which were
not in the slightest degree dimmed by time. She
walked into Court with a firm step, and gave ker
evidence with the most perfect distinctness, and
with a very audible voice—l am 92 years of age.
I live in my own cottage. On the 12th of February
two men came to my cottage. The smaller one
asked charity. I told him I was but a poor widow
myself. The taller one asked leave to warm his
hands. I told him he might do so, although my fire
was but small. The other then wished to light his
pipe. I permitted that also, because I was afraid of
the men, and did net like the look of them, I being
alone. At this time my grandson's watch hung over
the fire:place, but after they were gone I missed it.

Mr. WATSON—Look round, and tell me if the
men are here now.

The witness—l am near-sighted, and they are
not any where within the reach of my sight.
Mr. WATSON—Go round the table of the Court,
a little further, and then look about.
The witness did so, and when she got about a
yard from the prisoners, she said that she was sure
that they were the men.
Thomas Jones, the grandson, a man of about 40
years of age, stated that he went in pursuit of the
prisoners, and took them, and that the shorter pri-
soner (Hayes) had pushed the watch under a door
just before they were searched.
The prisoners said nothing in their defence.
Mr. Justice LITTLEDALE summed up the evidence.
Verdict—Guilty.
Mr. Justice LITTLEDALE said that he considered
this to be a most serious case, and sentenced the
prisoners to be transported for seven years.
As soon as the sentence was pronounced, the old
lady of ninety-two, who had been accommodated
with a seat at the table, turned round to one of the
Counsel and said, " He has transported them both,
has he not ?"

Elizabeth Owen, a child stated to be ten years
old, was charged with stealing coals, the property
of Messrs. Harford, Brothers and Co.

When the child was placed at the bar nothing
could be seen of her except a small portion of her
bonnet, and the Governor of the gaol, therefore,
nursed her in his arms while the indictment was read
over to her; and, after that, to save the Governor
the trouble of holding her during the trial, she was
put to stand on the seat usually occupied by the
solicitors. It was with considerable difficulty that
the child was persuaded to say " not guilty," and
she then seemed net to understand what it meant.

Mr. LUMLEY conducted the prosecution.
Mr. John White said, I am the agent of Messrs.
Harford, at the Ebervale Works. They have rol-
ling-mills and forges there, and they have heaps of
coal. The little girl's father is a shoemender, and is
not employed in any way about Messrs. Harford's
works. On the 28th of January I saw the little
girl standing near one of the heaps of coal. She
had a basket of coals on the ground. She put It
on her head, and took it away. Mr. Charles Har-
ford was with me. He is the son of one of the
partners. We took the coal from her, and I asked
her who sent her for the coal. She said her father.
There was no path in the place where she was.
Her sister was coming to meet her. She is grown up.
Mr. CARRINGTON submitted that the prisoner
could not be convicted. Children under seven years
of age could not be legally convicted of felony, nor
could they between the ages of seven and fourteen,
unless there was evidence of a guilty knowledge in
the child at the time of the commission of the of-
fence, and there was no such evidence here.
Mr. Justice LITTLEDALE—I cannot hold that a
child of ten years old is incapable of committing a
felony. Many have been convicted under that age.
Mr. CARRINGTON—Yes, my Lord ; a boy of the
name of York was not only convicted, but exe-
cuted, for a murder. He was only eight years old,
but in that case there was the strongest evidence of

guilty knowledge. He had concealed the body, R.
had washed the blood off his own clothes, and,
sides that, had tried in various ways to avoid de',
taction.

Mr. Justice LITTLEDALE►--I think the guilt!
knowledge is a question for the Jury.
The little girl, when called upon fir her defence
said that her father was ill in bed, that her mutbi
had sent her for coals to another place, but not be
ing able to get any there she had picked up a fell
knobs.

Mr. Justice LITTLEDALE summed up the evi-
dence, and left it to the Jury to say whether tile
child, at the time when she took the coals, had/
guilty knowledge that she was doing wrong.
The Jury, after about half a minute's deliberation/
returned a verdict of Not Guilty.
Mr. Justice LITTLEDALE—LittIe girl, never dc
any thing of this sort again. Never touch what bt
longs to other people.
The expence of this prosecution will be paid 1);
•the county. Magistrates send such cases as this
be tried at the Assizes, and thee complain of till
burden of the county paying prosecutors' expences.
We are informed that at the place where this oc/
curred the price of coals is from 4s. to .ss. a ton, sl
it, therefore, seems that the quantity which
of ten years of age could lift up in a basket, soils t°
put them on her own head, could not have greatV
exceeded the value of one farthing.