The Sun.
London, England, 1840-01-03 00:00:00

COURT CIRCULAR.

WINDSOR, ;THURSDAY.—The Queen took walking
exercise to-day lor an hour and a half on the Terrace of
the Castle and on the Slopes.
The Duchess of Kent, attended by Lacly Fanny
Howard, rode out this morning in the Park in a pony
phreton.
The Right Hon. George S. and Lady Agnes Byng
took their depar tire from the Castle to-day. Mr.
George E. and the Hon. Mrs. Anson have, also left lot.
town.

The Queen will hold a Privy Council at two o'clock
this afternoon, at Windsor Castle.
The Duke of Cambridge, attended by Colonel Jones,
left town yesterday morning on a visit to Mr. Conyers,
at his residence, Copped-Hall, Epping.
The Duchess of Cambridge, Price George, and the
Princess Augusta of Cambridge, attended by Miss
Kerr and Baron Knesebeck returned to Kew on Wed-
nesday night.
Viscount Palmerston arrived in town yesterday morn
ing from the seat of the Earl of Tankcrville, at Nt% alton-
on-Thames.
Viscount Duncannon has arrived in town from Mid-
dleton Park, Oxford.
Despatches for the Right Hon. C. Poulett Thomson,
Governor of the Canadas, and for Sir John Harvey,
Governor of New Brunswick, were sent off yesterday
from the Colonial Office.

Her Majesty is expected to honour Covent-gar-
den Theatre with a private visit on Wednesday eveuing.
Their Royal Highnesses the Prince and Prin-
cess of Capua entertained a select circle at dinner, on
Wednesday, at Mivart's Hotel. Covers were laid for

twelve.
A grand civic banquet is to be given to-day, at
Chester, to his Royal Highness the Duke of Sussex,
Marquis of Westminster, Viscount Combermere, Lord
Dinorben, Lord Mostyn, Sir Thomas Stanley, Bart.,
the Hon. E. M. L. Mostyn, Sir Richard Bulkelcy,
Bishop of Chester, &c.
The Earl of Liverpool has a party at Busted
Park, Uckfield. The Noble • Earl will come to town

at the close of the ensuing week.
Lord Prudhoe arrived at Alnwick Castle on a
visit to the Duke and Duchess of Northumberland, last
week, from Stanwick Park, his seat, near Richmond. ,
His Excellency the Netherlands Minister and
Madame Dedel have gone on a visit to the Earl and
Countess of Jersey, at Middleton Park, where a numer-
ous and distinguished party has assembled.
Baron de Vismes, a son of Count de Vismes,
whose claim to the title was recognised last year by this
French Government, was presented, on Sunday, the
20th ult., to their Majesties the King and Queen of the
French, at the Tuileries, by Lord Granville.
FUNERAL OF LADY CAROLINF BRECKNELL.
—On Thursday, at one o'clock, the remains of the face
Lady Caroline Brecknell, daughter of the Earl of Port:-
more, relict of Captain Brecknell, late of the Life
Guards, were interred in the catacombs under "the dis-
trict Chapel of St. Barnabas, in the Addison-road,
Kensington.
The Dowager Duchess of Roxburghe, who is
on a visit to her son, the Duke, at Fleurs Castle, Kelso,
is expected in Grosvenor-street, from the north. Colonal
O'Reilly has arrived in town, on a tour.
Lady Deerhurst, and her son the infant Viscount,
are passing the holidays with her mother, the Dowager
Lady Cockerel!, at Sezincote Hall, near Moreton-on-
the-Marsh.
Lord Brougham is expected in town, on Wed-
nesday next, from Paris, unless the melancholy intelli-
gence of the death of his revered mother should hasten
his Lordship's departure from the French capital.
DEATH OF THE MOTHER OF LORD
BROUGHAM.—We have heard that this venerable Lady
died at 10 in the morning of the 31st December, at
Brougham Hall. No accounts to this effect had been
received last night at the residence of Lord Broughann,
but his Lordship's absence from town may account for
this. She was in her 87th year.
DRAYTON MANOR.—The Earl of Warwick,
Lord Brooke, and Sir Charles Douglas, who have been
staying here for several days on a visit to Sir Robert
and Lady Peel, have taken their departure for Warwick
Castle.

Her Majesty has been pleased to appoint Lord
Stewart de Decies custos rotulorum of the county of
Waterford, and colonel of the militia of that county,
in the room of the late Lord George Beresford.
The Earl and Countess of Surrey, and the La-
dies Howa-d, and Lord and Lady Fitzalan,
from 13erkeloy Castle
Lord Segrave has removed
'or ucnhdeel lt
eCnahsatml
this
mwteheek
,Rwoho
ekreer Rookery,
sDOr k i
Lordship'snilsa.vgone to
were to have met yesterday, for the first time this season.
The Earl of Clare will leave Mount Shannon
hounds
next week, for England, when the Noble Earl intends
to make a few visits cn route to the metropolis.. his
Lordship will be is town by the 15th, having engaged to
dine at the Duke of Wellington's on that day.
WELLTN-GTON TESTIMONIAL.—We under-
stand that the first meeting of the Committee was held
yo ef s te rd
Dalhousie,ay and
aws a
Cs
airyinnumerously
Committee, attended. The
presided,
and amongst others present were—the Earls of Had- '
dington, Leven, Melville, and Roseberry ; Right Hon.
Sir George Warrender, Honorary Secretary ; Sir
J. H. Dalrymple ; Sir John Hope ; Sir George Sin-
clair ; Sir Adam Hay, the Treasurer ; Sir J. M. Rid-
dell ; Sir John M'Neill ; the Lord Provost of Edin-
burgh ; Sir James Spite! ; Burn Callender, Esq. ;
Grmme Mercer, Esq. ; Professor. Wilson, &e. The
meeting appointed sub-Committees for the purpose of
furthering the object's of the undertaking. Tbe sub-
scriptions, we are glad to learn, proceed favourably ;
and, in addition to those already announced, there were
reported to the meeting those of Mr. Balfour, of, Whit-
tingham, 1001. ; Mr. Morgan, 501. ; Sir James Sbaw,
Bart., of London, 50/. ; the latter contribution was the
mbre gratifying as having been forwarded merelpin con-
sequence of the proceedings having met the eye of the
Hon. Baronet in the public papers.—Edinburgh Ad-
vertiser.
SUICIDE THROUGH SHAME OF EXPOSUP:E.
—On Thursday afternoon an inquest was held before
Mr. Wakley, 111. P., at the Marylebone workhouse, •en
the body of George Montague, a tailor, lately residing
in King-street, Golden-square. A. police constable pass-
ing on Monday morning near Macclesfield-bridge, 'be-
hind the Zoological Gardens, Regent's Park, heard
frantic cry followed by a splash in the water of the canal-
He hastened in the direction, and found a great cuat,
body coat, waistcoat, and stock lying on the footway,
but could discover nothing in the water. Having ob-
tained drags, after about five minutes' exertion he got
the lifeless body of deceased out of the water. In the
coat pocket was a packet of oxalic acid. Mr. Richards,
a surgeon, of Bedford-square, said that the man had la-
boured under a loathsome :malady for the last three
years, and he thought the shame (deceased wasa timid and
weak man) of having the state he was in exposed to his
friends caused him to commit the suicidal act. He bad
some months before attempted destruction of life by se-
vering the principal veins of the left arm. Verdiet-•-•
" Temporary insanity."
A DOUBTFUL OCCUPATION.—One of the
witnesses in a case which came befOre Mr. Baker, yes-
terday, was a boy, about 15 years of age, and/when re
quired by the Coroner to state his profession, said be
got his living by picking up bones. The Coroner'
Then I may set you down as a bone-grubber?-Wit-
ness—No, no, Sir ; pray don't do that ; I'm a
L a uiykt,o:ge:
crhobiEotunuoemssfrriciwnm.ya).
iuwncencichni
dceot
hesNi
rretieehn thewv this
lni new collec-
tor. The Coroner—A collector of what ? Dead men's
n
bones, or any other, I suppose? Witness-51'm not
particular to that, Sir; but a bone. grubber is a Radi-
cal, ain't it ?—(Laughter.) The beadle said the wit-
ness was leading the Coroner astray. He was whet
was called a " long shorer," that was a person who
hunted along shore, close to the vessels, anti laid hold
of anything that came in his way. A Juror—A. kind
of shark, I suppose ? Witness—Nor lam not a shark,
I assure you ; but you may put me down what you
please else. Tire Coroner—Well, I think your own
term the best ; you are a collector,- and, like others of
that profession, not very welcome to those you visite--
ei Mena
continued
number
dyun story,
oemt
auh
brbl yet
are
nmnAdeati editorship an gettnadraei znwb i t
oeFl
contributes
f'
sal
the
hhmtfheoheeeerr
Theodore
mostdefiJaornai and
c
hauauSoorasanCpoprs characteristics of his preceding highly entertaining
works. It is also to have the advantage of being on;
bellished by a distinguished artist. " Nimrod in France
is oneof a new series of papers from the veritable " Nim-
rod" of sporting celebrity, and contains many novel and
amusing remarks upon that country and people. Besides
tales by the Countess of Blessington, Mrs. Trollope.,
Messrs. Poole, Douglas Jerrold, and the usual contri-
butors, the present Number is distinguished by a paper
from J.H. Merivale, Esq., so well known to the lovers of
the Greek Anthology. It is entit eI " Specimens of the
German Lyric Poets," and contains a most beautiful
English version of Schiller's " Song of the Bell." Mr.
Poole's mock review of " The Newgate Annual ; or,
the Guide to the Gallows," is a laughable exposure of
the morbid taste prevalent just now for tales of high-
µa men, house-la eukei s, thieves, and murderers ; and
contains some admirable parodies on the style of certain
writers of that school. This amusing article is accour
panied by a pictorial representation, entitled " The
Way to the Gallows made Easy and Pleasant."
POST-OFFICE OFFENCE.---On Thursday
week, a young man in a merchant's office,
was brought
up before Mr. Henderson, Sheriff-Substitute, charged,
at the instance of the Procurator-Fiscal, with having,
on or about the 27th of September last, sent a letter
through the Post-office, to a gentleman then in Blair-
gowrie, concealed in a copy of the Spectator news'
paper, thereby defrauding the Post-office, and acting
contravention of Act Ist Victoria. chap. 36. Th°
charge was confessed, and the Sheriff iniposed a fine of
.51. sterling ; and, failing
.—D
payment, to be imprisoned for
sixty days. The fine was paid
uki dee Advertiser.

I

C M SSION

EVEZING EDITION.

MON UTH SPECIAL

MONMOUTH, THURSDAY NIoaT.
The interest of the trial of Mr. Frost continues en-
' abated, and the Court is crowded to excess. Yesterday
1 one of the witnesses for the defence was apprehended.
)and examined before the Mayor for being concerned in
the Newport riots ; but the evidence not being clear,
the Mayor, in consideration of his being a witness, dis-
if cilarged him. Feargus O'Connor continues to attend
I, daily, and has, I am informed, issued a placard to the
1 people at Merthyr Tydvil to announce that he will
come to address them as a candidate. The London
f police seem in no disfavour here, and keep the Court
i remarkably well.
TRIAL: OF MR. JOHN FROST.—Tnian DAY.
The Judges took their seats upon the bench at five
Iminutes past nine o'clock precisely. The prisoner Frost
was at the same moment placed at the bar.
Sir F. Pollock, in addressing the, Bench, wished, he
said, to know from their Lordships if his client were not
I now to be placed in the same situation as if the point
that bad been made yesterday was decided in his favour ?
Chief Justice Tindal said that the course was, where
tilere was a point at all doubtful, or any difficulty oc-
curred, it was reserved for the decision of the Judges.
Sir F. Pollock did not wish to be understood as ob-
jecting to that course generally, but the Attorney-Ge-
neral being then there, might, be thought, make a
difference as to the course pursued. In the event of its
being their Lordships' opinion that the objection ought
to have prevailed at the trial, Mr. Frost was to be
placed in the same situation as if it had prevailed at this
moment.

Chief Justice Tindal—lf the Judges consider that it
ought to have prevailed, certainly.
The Attorney-General—If that should be so, Mr.
Frost will be pined in the same situation with all her
Majtsty's subjects. This case does not differ from any
other case.

---
Mr, Sergeant Ludlow—There is nothing new in the
point.

' Str F. Pollock—lt may be so ; and yet Ido not under-
stand why the Learned Sergeant should address the
observation to me and not to the Court. I complain
of this want of courtesy, when I have so many difficul-
ties to contend against. I object to my Learned Friend,
not in supposing that I ant uninstructed in matters of
law , but to his manner of conveying that intimation.
My attention at a very early period of professional life
Was directed to this point. One of the first cases in
-which I was engaged was in that of Walshe, who was
convicted ; and, although it was decided by the Judges
that he ought to have been acquitted, still he remained
under the attainder for the rest of his life.
Chief Justice Tindal—Here the position of the pri-
soner will be precisely the same as if we bad now de-
cided in his favour.
The Attorney-General—lt will be like the case of
all others, where a point has been reserved for the deci-
sion of the Judges at Westminster.
Judge Parke—lf the prisoner should be convicted,
and the point now reserved be decided in his favour, a
pardon will, on the recommendation of the Judges, bo
issued as a matter of course. There is no instance of
reserving such a point, as if it were made at nisi prius.
Sir F. Pollock considered, with all deference to the
Court, that the presence of the Attorney-General, re-
presenting as he did the Crown, might and ought to
make a difference.
The Attorney-General—For the present you over-
rule the objection, subject to the consideration which it
may afterwards undergo from your Learned Brethren at
Westminster ; and if you decide it in the prisoner's fa-
vour, the same consequences will follow as in all the
same cases of the same kind. Here, my Lords, I can-
not consent to depart from the practice which has pre-
vailed in England for centuries.
Sir F. Pollock—Then, my Lords, it is high time that
the practice should be altered, and that by competent
authority.
Samuel Simmons was the first witness called. He
was examined by. the Solicitor-General.—l live (he
deposed) at Newport, in this county. I live in the
parish of Wollos, in the borough of Newport.
Sir F. Pollock, with the permission of the Solicitor-
General, proceeded to a preliminary examination of the
witness--I live (said Simmons) at Newport. I know,
the parish of Wollos. Ido not know that it is longer
than the borough of Newport.
. . Sir F. Poliock—The limits of the borough will ap-
.
pear.from the Corporation Act.
Judge Parke—yes, or from the Boundaries Act.
Witness—The parish is a very large one.
The Attorney-:General—The parish is, I believe,
more extensive than the borough.
Judge Parke—But part of the parish is, I suppose,
in the borough ?
Sir F. Pollock—l understand the fact to be, my
Lord, that, as i represented at first, such was the con-
dition of things before the Municipal Act ; since which,
for the purposes of that Aet-E-your Lordships will say
whether that is for all purposes—part of another parish
has been added to the borough.
Mx'. Justice Parke—Do you admit that to be the
fact, Mr. Attorney-General ?
The Attorney-General—l believe that to be the
fact, my Lord.
Sir F. Pollock—Perhaps your Lordship will allow
my Learned Friend to call a witness to prove the fact,
inasmuch as this objection, which is a very important
one, extends to a great number of witnesses. On the
sheet before me I see no fewer than five or six to whom
it applies.

11fr. Baron Parke--I3e so good to read the Muni-
cipal Act, and see how the fact is.
The Act was not in Court, but was sent for.
Mr. Kelly obtained the permission of the Court to
attic the witness a question or two with regard to his
own residence while the Act was searched for.
The witness said—l have lived about twelve months
or rather better, in the place where I now am. In
the town I have lived about seventeen years. I live
just below the Salutation public-house. I believe the
Salutation to be in the borough of Newport. It stands
by the side of Cardiff-street, which goes towards Pill-
gwently. The tramroad by which the coals are conveyed
goes by my house. There is no other road. There
are:about a dozen houses in the same place. J do not think
there is any name to the street or place where my house is.
It is about a quarter of a mile or a little better from
the Westgate Inn. There are houses all the way from
the Westgate to my house. The row of houses does
not extend from the Salutation to my house. You pass
the Salutation, and then turn a little to the right hand,
and then there is a row of houses all the way to my
house. I never heard any name for the place where it
stands. I have never had letters directed to me, nor
has any one in the same street or place. that I know of.
My house is not rated, either to the Poor-rate or Bo-
rough-rate. It is only 6/. a-year. I do not know, of
my own knowledge, how far the ancient borough ex-
tends, nor can 1 say how far the parish extends. I
know the parish for miles round Newport. I do not
know how many miles or what distance beyond Newport
the parish extends.
Mr. Kelly—My Lord, I understand that the ancient
borough was within the parish, but was a small part of
' it. Certain additions have been made to the borough
for the purposes of the Municipal Act, and those addi-
tional parts may not be in the parish. The parish is
not in the borough, but, on the contrary, the borough is
In the parish, and forms but a small part of it.
' Chief Justice Tindal—The witness may live in both.
Air. Kelly—That may be se, my Lord.
Mr. Justice Parke—lf there be any objection to be
founded on the Municipal Corporation Act, it ought to
be here, as it occasions great delay to have to send for
it. When you have any objection to make, founded
on a statute, be so good as to bring it.
Sir F. Pollock—We expect the Act soon, my
Lord. We thought it was here. Counsel cannot well
bring the statutes at large.
After some discussion between the Counsel on both
sides, it was arranged that the direct examination of
the witnesses should proceed, the argument upon the
objection as to the insufficiency of the description
being reserved,
The witness was then examined by the Solicitor-
General, and said, I remember Monday morning, the
4th of November. I know Mr. Frost, the prisoner at the
bar. I saw him that morning, first by the Court-y-
-bella weighing machine, which is nearly a mile from
1 the Westgate Inn. There were a great many persons
with him. A great many of those persons had guns,
scythes, sticks, pikes, mandrils, and pieces of iron,
roasting
,spits, and long staves, and such kind of' wea-
pons. I hey wanted up by the turnpike, up Stow-
hill, in the direction to the Westgate Irn, about
nine o'clock, as near as I can tell. They went
to the Westgate Inn, by the turnpike. On Stowbill
they made a stop. The turnpike is between the ma-
chiae and the Westgate. Mr. Frost there said, " Let
us go towards thet own and show ourselves to the town.'
They then went down the hill towards the Westgate.
The word " halt" had been given first, but I did not
hear by whom. I went in the same direction with Mr.
Frost and these people. They went round to the
i
Westgate Inn gate. The picture produced s like the
Westgate. (The witness then described on the plan
the route taken by the mob in going down the hill and
turning round the front of the Westgate.) The road
corning down the side of the 'Westgate is called
Stow-hill. They came down there, and then wound
round to the right, in front of the inn. They went
round towards the yard, which is on the other side of'
the inn from Stow-hill. The house has two bows, and
the yard turns up by the bow which is farthest from
Stow-hill. There are gates to the yard, which wcre
shut when these people went towards it. I saw Mr,
Frost on the pavement by the anchor-shop close by,
adjoining the yard. The people attempted to get into
the yard, but could not. The anchor-shop is on
the further side of the yard from the bow-window.
I heard Mr. Frost say, " Turn round and show your
appearance to the front." I was close by Mr. Frost
when ho used that expression. The people then turned
round to the Westgate. I saw the door of the
Westgate. They went to the front of the Westgate,
and rushed in at the door. The door was open when

I they rushed in. The next thing I heard was firing.
It began by the door. I think the firing began from
the people, who went up the Westgate door. I did
not see any person with a gun by the door before the
people went up. When I heard the firing begin I
stayed there a bit, and then I went over to Mr. Mal-
locks's who keeps the china shop. I stayed ten minutes
or a quarter of an hour before I went to Mr. Mallocks's.
A great deal of firing took place whilst I was there.
I saw some of the people who had marched up to the
Westgate firing. I left some of the people in the
front of the Westgate. Some ran away. I cannot say
that there had been -any firing from the inside of the
Westgate before they ran away. There was a great
deal of firing between them both. You could hardly
see the Westgate for smoke. By " both," I mean the
soldiers and the mob. The soldiers were in the West-
gate Inn, and I suppose some of them had fired before the
people ran away. When there was a great deal of
firing they threw their arms down and ran away. A
great quantity. I did not myself see any fire come from
any part of the Westgate, or from any soldiers. The
last time I saw Mr. Frost before I went to Mallocks's
was on the pavement, near the anchor-shop. I
suppose there were 5,000 or 6,000 men there that
morning. I saw about that number up by the machine.
Quantities were running away when I went to Mal-
locks's. After that I saw no more of what took place at
that time. I saw sonic fall as shot before I went to
Mallocks's. I saw two so fall. One was by the door
of the Westgate Inn, and another was just opposite the
bow-window by the yard. I did not remain long at
Mallecks's before I came out. I remained about five
minutes. When I went out the men were running in
all quarters. The soldiers were seeing what was going
on. They were keeping the Westgate as clear as they
could. I remained there until the mob was quite dis-
persed, which was about a quarter of an hour after I
came out of Mallocks's. When I first saw these men at
the machine there was some noise ; boys were hurraing.
I saw Mr. Frost raise his hand, making a gesture as if
to dissuade from something.
Crass-examined by Mr. Kelly—l have lived for about
twelve months in my present house. I have during that
time lived at the Salutation as ostler. I was examined
before Magistrates at the Westgate on the afternoon
of the Monday on which the affray took place. I was
examined more than once. I was examined on the
Tuesday again ; that was the last time. I did not at
that time live at the Salutation, nor'said I did. I have
never said that I lived at the. Salutation at that time. I
had left the Salutation about three weeks before that,
and I have never lived there since. I was about four
months or better at the Salutation. I get my livelihood
now by my labour—by what I get to do—any kind of
wark. At the time that this business took place I was
raising potatoes. I had known Mr. Frost for many
years. I knew that he was a Magistrate. He was so
for a good while ; for some years ; I cannot say how
long. He was Mayor of Newport once to my know-
ledge. I saw him in town, and heard people say that
he was a Magistrate ; that is the knowledge I have of
it. I never was before him as a Magistrate. I have
lived in the house I now have about a year. I occu-
pied it before I went to the Salutation. I then went
to the Salutation, and then went back again. Before
that I had lived at the other side :of the Cardiff road.
I have lived at Newport about seventeen years. Ido
not know how many miles the parish of St. Woollos
extends.

The Attorney-General objected to any cross-exami-
nation in support of an objection as to misdescription
at this stage of the proceedings. '
Chief Justice Tindal said that if there were any ob-
jection founded upon the Municipal Corporation Act
the witnesses must in future be examined to it on the
voir dire.

Sir F. Pollock—Yes, my Lord, but we had not the
Act by us before.

Cross-examination resumed—l first saw the door of
the Westgate as we came round down Stow-hill. That
was before the people assembled before it. The door
was open, and there was a lot of special constables at
it. Ido not know that the door was closed at all. The
people got into the house directly, as soon as they
turned round the corner to the Westgate door. That
was before the firing commenced. I remained about
half-an-hour in one spot or the other. I stood about
five minutes, I am sure, during the firing, after some of
them had entered the house.
Mr. Kelly—Are the depositions taken before the
Magistrates here ?
Mr. Bellamy handed the depositions which bad been
returned in the case.
Mr. Kelly resumed his cross-examination, and re-
ceived the following answers from the witness :—I was
taken to the Westgate and was sworn, and gave evidence,
which was taken down in writing and signed by me.
It turned out, however, that the witness had not been
examined in this particular case, and the depositions
which he had actually made were sought for and produced.
The witness said—The paper produced is my deposi-
tion.

The depositions were then read by the clerk, at Mr.
Kelly's desire.
Mr. Kelly (to witness)—Is it true or false that you
swore that" lam a labourer, living at Salutation-hill ?'
—I did not swear that. I live near Salutation-hill.

Did you not tell me just now that you liud a quar-
cr of a mile from Salutation-hill ?—No, Sir ; for I
ived about a stone's throw from it.

Re-examined by the Solicitor-General—The Friars
is nearer to the Westgate Inn than the weighing ma-
chine.

A Juror wished, he said, to put a question to the
witness.

The Chief Justice asked what question it was that he
desired to put.
Juror—Simmons has stated that they halted at the
weighing machine, and afterwards he said that they
marched. I wish to put the question, to know who
does he mean when he says " they " marched ?
Chief Justice Tindal—Who do you mean by " they ?"
Witness—All the mob, Sir.
Juror—Was there anybody directing the mob in
their march ?

Witness—No one but Mr. Frost, who said, " You
are to show yourselves to them."
Juror—You have said that Frost took a prominent
part. When you depose that he said, " Show your
appearance in your front," do you mean that these are
the exact words he used

Witness—Yes, as near as I could understand it.
Chief Justice Tindal (to juror)—You are quite
right, Sir, in putting the question.
Juror—You stated also that there were soldiers at
the Westgate Inn. Do you know that of your own
knowledge ?—Yes, Sir, there were soldiers in the West-
gate Inn.
You stated that you saw Mr. Frost before the West-
gate Inn. How long was that before the firing com.
menced ?—I did not see him until long after the firing
commenced. When it began be had gone out of sight.
I did not see him until long after.
Mr. Kelly—How far is your present house from Sa-
lutation-hill ?—Not 100 yards.
To the best of your knowledge is it about 100 yards ?
—lt is rather less.

About 90 yards ?—Less.
Do you of your own knowledge know whether this
house is within the boundaries of the old borough ? I
cannot say, for I never paid any rates ncr taxes.
I have only one question more to put to you. You
have said that the parish of St. \Volios extends four
miles round ; what is the most distant place from New-
port, in the parish of St. WoHos, that you know of ?
—About two miles.

Is it in the direction of Cardiff' and Chepstow 7—lt
is in neither way ; it is towards Stow Church.
Do you know whether it is east, west, north or south ?
—I believe it is to the south.
The Attorney-General—l admit that the parish ex-
tends beyond the borough.
Mr. Kelly—The amount of its population is a very
important particular.
Judge Parke—lf the parish extends an acre beyond
the borough it is the same as if it were twenty miles.
Mr. Kelly—You will find that in this case it makes
a very material difference.
Sir F. Pollock—The place should have been named
the borough of Newport, within the parish of St. Wollos.
Chief Justice Tindal—You are now raising an ob•
jcction upon a misdirection.
Mr. Thomas Protheroe was then examined as to the
boundary by Sir F. Pollock—He said that he was for
a long time acquainted with the borough. He would
not speak as to the old boundaries of the borough. He
believed they were somewhere about Salutation-bill.
The Salutation was always licensed by the Magistrates
of the borough. The Salutation was near to the ex-
tremity of the old borough and the commencement of
the new.

Sir F. Pollock contended that the description of the
witness was not a good one. The prisoner was entitled
to have the name and place of abode of the witness. To
say that the parish of St. Wollos was in the borough of
Newport was, it appeared to him, a misdirection. It
should have been in the borough of Newport. in the
parish of St. Wollos, because the borc ugh of Newport
was in the parish of St. Wollos—it was part of the pa-
rish, and St. Wollos was not in the borough, or any
part of it.

Chief Justice Tindal—The witness is in the parish of
St. Wollos, and he also lives in the borough of New-
port—that is, in the part of the parish which is within
the borough.
Mr. Kelly contended that the statute of Anne
had not been complied with as to this particular wit-
ness. The statement was untrue in point of fact. The
description here was manifestly insufficient. It did not
give to the prisoner the information which the Crown
possessed. The witness was described as of a parish
which was several miles in extent. Here the witness was
living near a street which ought to have been stated.
Chief Justice Tindal called for the panel retnrned by
the Sheriff.
Judge Parke asked if there were not a case in which
a witness was described as of a parish ?
The Attorney-General replied that be was not aware
of it, but the practice had been to describe a person as
of a parish.
Mr. Kelly trusted that the Court would not take

from the Attorney-General any statement as to the prac-
tice. TlPre wlls the case of an sttorney who described
himself as of New Pin, and vet it was held to be bad.
Judge Parke—That was for misdirection, not for want
of certainty.
Mr. Whiteman referred the Court to the case Of
Stoneman, in the 6th Term reports. A man was de-
scribed as of Grafton-street, and thcugh there were
shown to be several Grafton-streets, the objection
was overruled.

Chief Justice Tindal said the objection here was
double. First as to misdirection, next as to want of
certainty. The direction given was, " Samuel Sim-
mons, of the parish of St. Wollos, in the borough of
Newport." That was true—he was of the parish of
St. Wollos, in the borough of Newport. There was
no intention to enter into a detail of how much
was in the borough, and how much out of it. The
statute said that the name, profession, and place of
abode of the Jurors, and witnesses should be given.
That was done here. Then the next objection was,
that it was a bad description, on, the ground of its
being too general. In the first place it was said that
St. Wollos was larger than the borough. The statute
gave the profession and place of abode of the Jurors
and witnesses. On looking to the Jurors' list, he found
no particular street named, but the parish in which the
Juror resided. For instance, Thomas Avery, of such
a parish, in the county of Monmouth. He thought
then, that both objections must be overruled.
Judge Parke was of the same opinion as the Chief
Justice. The description was accurate. The witness
lived in the borough of Newport, and in the parish of
St. Wollos.

Judge Williams considered that the description was
more favourable than if it were given in the manner that
had been contended fer.

Thomas Morris examined by the Attorney-General—
I live in the borough of Newport, and in the parish of
St. Wollos. I am a land surveyor. I made the plan,
a copy of which is before me. It is entitled, " Plan of
a part of Newport and the Roads leading to it." It is
laid down on the scale of a furlong to the inch. I like-
wise prepared this plan, which is called a ground plan of
the Westgate Inn and the street adjoining. It is on the
scale of a chain to an inch. I made these two plans
recently. The third is a plan of tramroads and land
leading to Newport. It is correct. I did not do it all
by myself. I believe it to be generally correct. I know
the roads and canals and places marked here.
Richard Waters examined by the Solicitor-General.
—I am an attorney residing at Newport. I had been
sworn in as special constable previous to the 4th No-
vember. I know Mr. Frost. I saw him on Monday,
November 4. I first saw him that day immediately be-
fore the Westgate Hotel. I saw him about nine in the
forenoon. He was alone, inasmuch as he was on the
pavement, but he was accompanied by an immense body
that were in the road. He was perhaps within a few
feet close to the house. The persons with him were oc-
cupying the whole of the road. I had known Mr. Frost
from infancy. He had on his neck a loose wrapper—a
red handkerchief. I have heard that description called
" weather handkerchief," one likely to be worn over
another. I heard firing. I cannot say where Mr. Frost
was when I first heard the firing. It was almost instan-
taneously after seeing Mr. Frost that I heard the firing.
I was not on my specific duty that morning. I was
there to keep watch and ward—to keep the place.
I was in the commercial room of the Westgate Inn
when I saw Mr. Frost. The commercial room was
at the west end of the corner of Stow-hill road. It
fronts the Mayor's house. I cannot speak of my own
knowledge of there being more than one in the room.
I had returned to Newport on the previous
night at eleven o'clock. I remained from home all the
previous night. During the night I was at different
parts of the town. I saw that the mob came in the
direction of Stow-hill. The shutters were closed first,
and from curiosity I went to the commercial-room,
opened the shutters, and saw these persons. When
they came from Stow-hill they fronted the house. I re-
mained in the room as long as I considered it safe there.
On going to the passage I found the back door block-
aded. That was the only door by which I could get
into the yard. When I found that door blockaded I
went up stairs, which was the only place I could go to.
I saw Mr. Frost from the commercial room. There is
a window of the, inn that looks across Westgate-street.
cTohnetinsturaeteiotnirnomfetioamtemly in front
erciai-str is so
eet.
Inclmalleeddia,
tsnelyd is a
after
I saw the persons.coming down Stow-hill I heard the
firing. It was so very short a time that I cannot cal-
culate the period that intervened. The noise and the
din of breaking in the windows was so great that I can-
not distinctly say there was firing at all. The breaking
in of the windows took place in the commercial room.
They broke in the windows with pikes and man-
drils (an instrument like a pickaxe). There were
various sorts of weapons—so many I can hardly de-
scribe them. I left the room when they began
breaking the windows. I stopped up stairs as long
as the firing lasted, which continued for six or seven
minutes. During the time the windows were breaking
in I cannot say there was firing, but when I got up
stairs there were some hundreds of vollics. I have no
doubt firing came from the persons I have described. I
saw guns with those persons. 'Whilst up stairs I was in
one of the back bedrooms. The place below the outer
door of the inn and the room in which the soldiers were
was quite full of the people. On one side of the ball
was the commercial room ; on the other was a room in
which were the soldiers. The men in the passage had
arms. I distinctly saw one person with a pike delibe-
rately breaking the windows in the bar. After the firing
ceased I went down stairs. I saw several bodies, some
dead and some dying. These persons had met their
death while I .was above stairs. Outside the house
there were four bodies, three dead and one dying. The
number of persons who had been in front wore dispersed.
Some were hurrying on for the corners of the street.
When I saw Mr. Frost Thomas Latch was with me, and
I spoke to him. When I came out, the front of the
Westgate was vacant, and the mob was dispersed. I came
down with the soldiers from the barracks. There were
about thirty of them. They had been in the room be-
fore the assemblage arrived for about twenty minutes. I
believe the shutters of the room in which the soldiers
' were were closed.

Cross-examined by Sir F. Pollock—l have known
Mr. Frost from my infat:cy. I have lived in Newport
more or less since I was born. I have been constantly
visiting that place. I knew that Mr. Frost was Mayor
of Newport. lam not aware that he was so more than
once, and that was, I believe, in 1836. I knew that
he was a Magistrate. I believe he was so for three or
four years. I believe that he was an active Magistrate,
and a very conscientious one, for any thing- 1 know to
the contrary. I saw nothing after I had got to the
room at the back of the house. I did not go to fetch
the soldiers ; I 'net them at the barracks. The wit-
ness here pointed out the different positions on the map.
He continued his evidence by stating—There were se-
veral prisoners at the Westgate Inn on the Sunday
night. I did not see them, nor see any prisoners brought
there, and I merely tell you this from hearsay. There
was a room in the Westgate appropriated to priso-
ners. It was situated between the bow-window and
the door—at least this was the room for persons in
custody on the Monday night. I had no directions
to arrest anybody. I (lid not come into town until
eleven o'clock, after most of the special constables
had received their orders. I know a person of the
name of Vincent by common report, and from having
seen him latterly, I know his person ; but have no ac-
quaintance with him. I know nothing more of him than
that be made several speeches at public meetings in
Newport. I knew that Vincent was in custody in
Monmouth on the Sunday night. I do not know, of
my own knowledge, whether any application had been
made to the Magistrates on the subject of his treatment
in gaol. 1 cannot say that I know of there having been
a general talk in the country and in Newport of Vincent
being in custody, and of the manner in which he was
treated. I had heard that persons of the same political
opinions as himself—
The Solicitor-General objected to the line of exami-
nation being pursued.
Sir P. Pollock said that what he wished to prove was
that general complaints had been made, no matter by
what class, as to the treatment experienced by Vincent.
Chief Justice Tindal—To whatperiod does that refer?
Sir P. Pollock—Previous to the present transaction,
my Lord. I conceive that the state of the country, the
prevailing reports, and the general state of the country,
is evidence.

The Solicitor-General—l do not object to my
friend giving evidence as to general talk or conversa-
tion ; but what I object to is, after the witness having
said that he knew of no such general conversation, that
my friend should then ask him, " Have you heard so
and so 2"
Cross-examination resumed—l was not aware of a
general talk. There were published letters in the
Newspapers with respect to the treatment of Vincent.
I cannot tax my memory that I have seen many com-
plaints. I believe I have seen letters from Mr. Frost
to the effect }ou have referred to. I did not read them,
as I took no ►nterest in the matter, but I knew their
purport. This was some months before these transac-
tions. It was about the March As,izes, I believe. I
am not a Magistrate's clerk, nor have I anything to do
with the prosecution of any of the prisoners.
In answer to a Juror, the witness said, it is already in
evidence that I said the firing took place immediately
after I saw Mr. Frost in front of the commercial-room
in the Westgate.

Thomas Latch sworn, and examined by the Solicitor-
General.—l am the son of a merchant living very
nearly opposite the \Vest-gate Inn, Newport. I re-
member the morning of the 4th of November. I was
at the Westgate Inn. I know Mr. Frost. I saw him
under the window of the commercial-room and saw
him pass that window, on the road from Stowhill. He
went round the corner towards the front of the West-
gate. He was on the pavement alone, but there were
a number of persons coming down the road. I know
Mr. Waters. He was standing alongside me looking
out at the window. The persons in the road were
armed. Some had pikes, some guns, some mandrils,
and a great variety of weapons. I heard a tiring in
the front of the Westg-,Ate about two minutes after