The Sun.
London, England, 1840-01-06 00:00:00

quarters of a mile from the poor houses. The powder-
house I refer to is a different one to Mr. Crossfield's.
Cross-examined by Mr. Kelly—l was at the Westgate ,
Inn for five minutes when the attack was going on. I was •
not there at the end of the business. I have been exa-
mined several times before the Magistrates. I know a
man with a wooden leg, named Turner. I believe I saw
that man in Newport. I have doubted since about my
seeing Turner. I will not.swear positively now that I saw
Turner there that day ; but I believe I did. I saw a man
with a wooden leg in front of the Westgate. I did not
know Turner personally before that time, but I haze since
seen him very often.
Mr. Kelly—You tell me now you have a doubt about
Turner?
Witness—l have.
Mr. Kelly—Have you never said you had no doubt.
Witness—l have said so.
In the course of the examination of the last witness some
laughter was caused in Court, by some of the pikes which
the witness was identifying falling on the seat on which the
Attorney-General and the Crown lawyers were sitting.
Thomas Watts examined by Mr. Talbot—: I was on the
road to Newport on 4th of Nov. I saw pikes and guns
lying in the tram-road. There were 200 or 300 pikes,
like those produced in Court: I saw, lam sure, from
8.000 to 10,000 persons running. I saw about 40 or 50
with guns.
A discussion arose upon an objection raised by Sir Fre-
derick Pollock to the description of Morgan James, which
he contended was vague and incorrect. The description
of the witness in the panel was" Morgan James, Pillgwelly,
in the parish of St. Woollas, in the borough of Newport,
collier, sometimes abiding in th c house of his son, John
James, of the parish of Bedwelty, in the county of Mon-
mouth, collier." On the examination of the voir dire, it
appeared that the witness usually resided with his son for
purposes of his work ; but that he went up once a month to
Pillgwelly, (where he had rented a house for eleven years,
and where his wife let lodgings), to purchase provisions.
It also appeared that the son's house was in the parish of
Moneythrashine, and not in that of Bedwelty.
The Solicitor-General contended that the description of
the place of abode was sufficient, and the other residence was
supplied merely to give even facilities for making any in-
quiries that might•be necessary as to the witness's habits and
character. This case was analogous to that of a commercial
traveller who had a permanent residence, but was frequently
absent from home on his business. In that case it would
be sufficient to give the permanent residence, and there
was no obligation to state every place at which the tra-
veller had called, or might intend to call, on his journeys.
So here, the description of the house which the indivi-
dual rented, and where his wife carried on business, was
sufficient, without any reference to the other place of abode.
The Attorney- General said, as this was a very important
point, and would be referred to hereafter as a precedent,
he thought it necessary to trouble their Lordships with a
few words is addition to what had been so ably urged by
his Learned Friend. The first description, be submitted,
was abundantly sufficient, and it was t s iated by the
subsequent part. Here the information• equired by law
was exceeded; for the purpose of giving the prisoner all
possible means of access and inquiry. The house at
Pillgwelly was the man's domicile—his dwelling, and if a
burglary were committed, the house would not be laid
otherwise in the indictment than the dwelling-house of
Morgan James.
Mr, Justice Parke assuming that the one residence at
Pillgwelly would have been a sufficient description, yet
having given a further description " sometimes abiding at
another place," there may be a question whether it is not
necessary to prove both residences, or only one.
The Attorney- General conceived the case to be similar
to that of a nobleman 'who had a town and country house,
in which case the description of the town house would
be sufficient.

Chief Justice Tindal—lf you give only one it may be
sufficient, but if you give two places of abode, and one of
them be faulty, will it not vitiate the other ?
The Attorney-General conceived that if the descrip-
tion •f Pillgwelly were admitted to be correct, and to
be in itself sufficient, it could not be vitiated by what fol-
lowed, and was allowed not to be essential to the case.

Sir F. Pollock contended that it was quite insufficient to
describe the party as abiding at Pillgwelly, a place to
which he went only two or three days in two months, and
that for the mere purpose of purchasing victuals. By re-
ferring to another place of abode, stated to be in a parish
where no such place of abode was to be found, the prisoner
might not only be misled, but put to expense and inconve-
nience in making a fruitless search.
Chief Justice Tindal—lf the case rested upon the first
part of this description, I should have been satisfied with
it as sufficient ; because it is found that the individual
has a house at Pillgwelly, which he has rented for eleven
years, and where his wife and family reside ; that would.
therefore, be quite a sufficient description of the place
of abode within the meaning of the Act of Parliament.
Otherwise there would be endless difficulties in the case of
persons passing part of their lives in any other place than
their regular residence. The difficulties would arise
equally in the case of the fisherman who goes from his
home for a month at a time ; the traveller for five or six
months at a time ; and the merchant, who goes from his
home every year. The place, therefore, where a man
has a house, and where his family lives, is sufficient; but
here more has been intended than done. There is a de-
gree of doubt about the description as it at present stands.
If you had said " sometimes abiding at Pillgwelly, and
and sometimes i* another place," instead of saying " of
Pillgwelly, and sometimes abiding, Ere.," all would have
been right; but, as the description is true in the first part
and not true in the second, inasmuch as it appears that the
party has no son residing in the parish of Bedwelty, I
think it is not sufficient. I have no doubt that the error
arose from a greet anxiety to give every possible informa-
tion, but on account of the inaccuracy, I feel bound to de-
cide against receiving the evidence.
Mr. Baron Parke said, although he had some doubt upon
his mind as to the propriety of the decision to which the
Court was about to come, yet, having the opinion of the
Lord Chief Justice in favour of that decision, he was
obliged to concur in it. If the abode of Pillgwelly alone
had been given, it would have been sufficient, because it
appeared that the party only lived at his son's house for the
convenience of his work, but by the incorrect addition
which was made to the description, the prisoner might
have been subjected to some hardship and loss of time in
searching for the witness, where he was not to be found.

Mr. Justice Williams said the question was whether the
whole was to be taken on the description of the abode. It
appeared to him that there had been an endeavour to give
a more general description of the place of abode than
would have been supplied by the first part, and that the
latter part might have occasioned some unintentional de-
ception, inasmuch as it was incorrect, the parish which was
set forth being a wrong one.

Thomas Jones Phillipps, examined by the Attorney-
General—l am a solicitor and clerk to the Magistrates. I
usually reside at Newport. I left my home on the 3d of
November, and returned on the Monday morning between
ten and eleven o'clock. I know the Westgate Inn. In
Commercial-street, in which the Inn is, the first thing I
noticed was a dead body under the portico of the Mayor's
house, on the right side of the street opposite Westgate
Inn. I saw nine dead bodies at the Westgate that morning.
There was a warrant against Frost ; that afternoon, about
five o'cleck , I went to his house to assist in executing it.
It was a search warrant as well as one to apprehend him.
I went accompanied by the Superintendent of Police. Frost
was not to be found. I afterwards went to the house of
3,,hn Partridge to execute a search warrant, not to arrest
the prisoner; some special constables went with me; it
was between the hours of seven and eight; I knocked at
Partridge's door. No notice was taken, and I at-
tempted to enter the house, and called out to Mr. Par-
tz idge. The door was fastened. Partridge said, "I am
Bono to bed." I said, get up and open the door, or I must
force it open. The door was not open, and I forced it open.
I heard the irons fastening it fall ; and when the door was
opened, I saw within tw• yards of me Mr. Frost, the pri.
soner. Charles Waters, one of the persons included in the
indictment, and Partridge were also there. I walked up to
Mr. Frost, and Mr. Rogers, who were with me, advanced
also, and we laid our hands on his shoulders, and said he was
a prisoner, and Mr. Frost said, very well, I will go with you
directly ; and I said " No; we are not yet ready to take you."
I then executed the search warrant. Frost appeared very
much fatigued. He walked with me to the Westgate Inn,
and Waters was also conducted there. Frost was searched,
and three pistols found in his pocket and a powder-flask
and some ball. Four pistols, some powder, ball, and Luci-
fer matches were found on Waters : Frost's pistols were
loaded (they were produced, together with the balls), the
pistols wore loaded, and remain as they were, except that
the caps were taken eff. Those found on Waters were also
loaded—l don't know if they are loaded with ball.
Baron Park—You can see that.

The powder flask was nearly full—Waters' pistols were
al=o loaded ; forty or fifty balls were found upon Waters.
The prisoner was committed to goal.
Cross-examined by the Attorney-General—l had a
search warrant to search Mr. Frost's house, and found papers
there. I went to a room there, in front of the house, which ap-
peared to be that in which he kept his papers. I did not break
open any place to get them, as the papers were handed to
me by one of his daughters, who attended me. He has five
or six daughters and two sons. Several of them were there.
This was before I apprehended Mr. Frost. The papers
were taken from the shelves by his daughter ; when I first
went to the house I saw the servant, who showed me to a
room where Mrs. Frost was, and she made no difficulty in
giving me the papers. I got them all, and have them.
met Mr. Frost accidentally at Partridge's house. Frost's
and Partridge's houses are nearly back to back. Partridge
has been employed as a printer by Mr. Frost. I have
known Mr. Frost for many years, and he must have known
my voice at Partridge's.
Re-examined—l believe there is a back communication
between Partridge's and Frost's house. In coming from
Tredegor you would pass Frost's house first ; but through
6.9, fields you could get to Partridge's. Frost said, when
at Putrid/o's, trid/o's, that if I thought I should get all his manu-
scripts I was mistaken,
The Attorney-General then said that this was the case

for the prosecution.
Sir F. Pollock asked if it was the wish of the Court at
that late hour that he should commence the case for the
prisoner.
Chief Justice Tindal said, certainly not, if it was more
convenient to Sir F. Pollock.
Sir F. Pollock bowed to the Court and sat down.
Un the application of the Foreman, the Court gave
permission to the Jury to take the air on this evening and
tb-morrow, and the Court then adjourned.

I
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