The Sun.
London, England, 1844-01-03 00:00:00

chambers of the defendant, and acting, not only as his
charwoman, but as his clerk, and the Court refused a re-
hearing of the application, and Mr. Price was sent back
to goal. The first thing he did when he obtained his
liberty was to indict Acton for perjury, but the bill was
ignored. He now, by the present indictment, sought to
make out arrainst the poor woman at the bar that she had
suborned the person referred to make this alleged'ialse
affidavit. : _ • _

Mr. Price here entered the Court, having his wig and
gown on, and
The RECORDER asked him if he was ready to go on
with the case? _ _

Mr. PRICE intimated that a witness, who was material
to make out the case, was not at present in attendance.
lie then explained that the witness referred to was Sir
Alexander Morrison, whom he should call to prove that
Acton was at present a lunatic in Bedlam.
The RECORDER said he did not see how this evidence
could apply to the present charge.
Mr. PRICE observed that it would account for the in-
dictment being preferred against the present defendant
instead of the principal.
The COURT ruled that the trial should proceed, upon
which Mr. Price requested an adjournment for a short
period, which was allowed, and shortly afterwards he
again entered the Court in his wig and gown.
The RECORDER inquired of the Learned Counsel
whether he intended to-give evidence in the case.

Mr. PRICE intimated that he did not, but that he
should conduct the prosecution as counsel.
The RECORDER said that as he declined to be a wit-
ness in a case where his evidence was required in contra-
diction to the alleged perjury, and which must com-
prise facts mainly within his own knowledge, he must
remind him that he would place himself in a position
to have his conduct animadverted upon by the counsel
for the prisoner under such circumstances.
Mr. Pluck- said he was aware of that, but he felt that
the case was one of such a complicated character that he
must conduct it himself.
The RECORDER said that if he conducted the case it
must be upon the understanding that he should refrain
from stating any facts to the ury within his own know-
ledge; or which he supposed to be within his own know-
ledge, but he put it to the Learned Counsel whether, as
a matter of delicacy, it would not be better that he
should not appear as counsel, when he was the prose-
cutor.

Mr. PRICE still persisted in conducting his case, and
the Court eventually ruled that he should not address
the jury, but should confine himself to examining the
witnesses.

Mr. Richards, a clerk in the Insolvent Debtors' Court,
then produced the schedule of Mr. Price, his petition,
and the rule for a re-hearing of his application to be dis-
charged. The affidavit of Acton, in which he swore
that he had seen Mrs. Phillips act in the capacity of
laundress, and also as clerk to Mr. price, and upon which
the allegations of perjury, and subornation of perjury,
rested, was likewise put in.
Witnesses were then called to disprove these allega-
tions, and some of the testimony adduced was of a very
singular character.
Walter Hovendon, a lad about seventeen, deposed that
he had acted as clerk and messenger to the prosecutor,
and attended at his chambers in those capacities. He
remembered Mrs. Phillips coming to the chambers to
inquire for Mr. Price, but he denied that he ever saw
her engaged or employed by him, either as clerk or
laundress, or in any other manner, during the time
specified.
In cross-examination, he said that he received no
wages from Mr. Price, and he left his service because
the chambers were in such a filthy condition. He also
said that on Monday evening Mr. Price, the prosecutor,
himself, a policeman named Rolla, and 'several other
persons who were to be examined upon this indictment,
were altogether at a public-house in Tower-street, and
dined there, and Mr. Price smoked some cigars with them.
Rolla, a police constable of the A division, was then
called to prove that he succeeded the lad Hovenden as
clerk to Mr. Price, and that during the time he officiated
in that capacity Mrs. Phillips was not employed by Mr.
Price.

On being cross-examined, he said that he received no
wages from Mr. Price, and he left his service to go into
the police force. He at first denied that he had ever
dined with the prosecutor, but afterwards admitted that
he did have " a mutton-chop" with Mr. Price, at the
public-house referred to. He also admitted that he had
subpoenaed the witnesses for the prosecution.
Mr. CHARNOCK asked him, whether he had not in
point of fact, acted as the clerk of Mr. Price ; and
whether he did not bring his bag down to 'the Court
that morning ?
The policeman admitted that he did carry Mr. Price's
bag from the public-house to the Court, but he said he
did not do so in the capacity of his clerk, but only
because he requested him to carry the bag.
A great many irrelevant facts were then brought
forth, and the only evidence that appeared in support of
the charge of subornation of perjury, was, that the per-
son referred to by the name of Acton, having sworn that
Mrs. Phillips was a stranger to him, a witness was called
who proved that she had called upon him twice, or some-
thing to that effect.
Mr. PRICE having intimated that he had no more
witnesses to call,

The RECORDER expressed his opinion that there was
no case to go to the jury. After some discussion,
the Recorder put it to the jury whether they thought
there was sufficient evidence for their consideration, or
to warrant them in convictity, the defendant of so serious
an offence as subornation ofeperjury.
The jury almost immediately expressed their opinion
there was not, and at once returned a verdict of Not
guilty.
Mr. PRICE having made some remark,
The RECORDER said that if the case had gone on he
should have felt it his duty to remark upon the conduct
of the prosecutor, a member of the bar, and a gentleman,
sitting down in a public-house with a policeman and
other persons, who were to be the witnesses in support
of the indictment he had preferred, and he could not
help feeling that such conduct was highly indecorous.
Mr. PRICE said some of the witnesses were very poor,
and came from a considerable distance, and he was bound
to see that they were provided for.
The RECORDER said that there was no objection to his
providing them with what they required ; but a person
in the station of a barrister ought not to have associated
with them in a public-house.
Mr..PRICE then gave an intimation that he intended
to prefer other indictments for perjury, arising out of
the same transaction.
The RECORDER observed that, hearing the Learee
Gentleman express his intention to prefer other indict-
ments' looking at all the circumstances and the facts
that had been produced as evidence, he called upon him
to reflect seriously before he decided upon adopting such
a Course.
There seemed to be a very general feeling of commise-
ration for the poor woman who had been dragged be:ere
the Court upon so serious a charge, under such circum-
stances, among the audience, and when the verdict was
returned there was a manifestation of applause, which
was, however, speedily checked. The members of the
bar made a subscription on her behalf, and several pounds
were handed over to her from them.

fVE S 7 ERN CIIICUIT.
The Special Commission for the trial of prisoners in the
WINTER ASSIZES.
county of Hants having concluded, it may be proper, in order
to show the utility, or rather necessity, of a winter circuit, to
give the result of the business ix that county during the last
week. There were 59 prisoners, 22 of whom were assize pri-
soners, 16 were equated, 6 pleaded guilty.
The follow ing sentences were passed :-1 transporassi or 21
years, 2 for 15 years, and 5 for 10 years ; 1 imprisoned for 2
years, 5 for 1 year, 1 for 9 months, I for 8 months, 4 for 6
months, 1 for 4 months, 5 for 3 months, and the others for
shorter periods. Would not the very variation in the sentences
prove that a winter circuit was necessary ?
It is a great maxim of our law that every one should be con-
sidered innocent until he be pronounced guilty by a jury.
Is not this an argument for a speedy trial ? An observer
must have felt this maxim to be Ogreat truth when every
morning last week at Winchester he might' have seas
some of his own species marched through the town
handcuffed two and two, and attached to a lone chain,
which reached from front to back of the cavalcade ; but
if the observer would go into the court, he would see this
glorious maxim still further carried nut, by a prisons. (of
course, by law innocent) being placed at an iron liar, and
compelled to stand during the whale of a protracted
Why not, as a matter of (Sparse, allow the innocent man a
seat? This was much harder formerly than it is at the pre-
tent day, because a prisoner used to be called upon to address
the jury in his own defence, and a looker-on has often seen
a prisoner required to make his defence after he had been on
his legs from 10 to 14 hours, and this, perhaps, after an in-
carceration upon prison diet of seven or eight months. Th•
mental vigour would hardly be improved by great bodily ex-
haustion. At all eventsoma do not act_ upon the great maxim
of our law. Unless complaints are made, and abuses notice l,
they will never be corrected. It may therefore be well to
mention another circumstance which might he altered. •l'hen
a prisoner is arraigned he is told with what the indictment
charges him, and to this is added, " and the indictment
states that you have been ..;fore convicted of a felony." Now
should not this last sentence be omitted until after the
second conviction? It must have its effect upon the jury;
and it really does not follow, that because a man has bees
before convicted, he should be
guilty of the second offesce.
There is an old adage, " Give a do
the man having once had a bad
chag a bad name," &c.racter, i 3 sure to Le tine
mad
party sought for in case of any offence being committed in
his neighbourhood; and if he is tried upon circumstantial
evidence alone, the former conviction being thrown into the
scale, makes up the case, and he is convicted. As a good
character creates a doubt, and leads to an acquittal, 83 does
a first conviction remove a. doubt, and cause a verdiee of
guilty to be returned. Every one who has the good or bad
fortune to have any khewledge of our law is aware that
there are innumerable legal fictions. One of these
is, that an assize is considered to last but a day, and the conse-
quence is, that if a
assize, he is detained in gaol until the business of the assize is
prisoner is acquitted on the first day of an
concluded, even though that should last for fifteen days: Some
persons have imagined that this was contrary to our law, and
that the moment a jury had declared a man to be innocent of
indicted, the prison doors should
be thrown open to him, and he should, of right, be set at
liberty. Such, good reader, is the theory of our law, b net
the crime for which he was
the practice ; that law which is to rule and guide all persons,
defects. The law tells an individual he shall not improperly
and without just cause imprison another, while at the same
and by which all persons are bound, is full of absurdities and
time that very law commits that injury itself. It has often
been remarked that a gaol contaminates all within its walls,
and yet, after an acquittal, arid an application to a Judge to
give an order for the release of the individual, that learned
person has answered—" No, I think not ; he had a lucky es-
cape, and a few days' more imprisonment will do him no harm."
This is law from the judgmn
prisoent would be scouted. A rich man on bail is instantly
liberated upon an acquittal. One would really begin almost to
think it was a fiction of law that there was not one law. fir the
rich and another for the poor.
Chester,etse
na.ndLan action for false
nm
(Before Mr. Jastice HT3I A N. )
Precisely at eleven o'clock Mr. Justice WIGHTMAN took
his seat upon the bench (the Commission having been opened
on Saturday), and after the proclamation against vice and im-
morality had, been read, tu.
proceeded to charge the Grand
Jury. His Lordship,adverted to the nature of the Commis-
eion, and the heavy state of the calendar, and dwelt with much

emphasis upon the frightful increase of those cam in which
prisoners were charge t with cutting and maiming. The use
of the knife could not be too strongly discouraged. His Lord-
ship observed, that it was unnecessary to trouble the Grand
Jury with a recital of the several crimes which were set out in
the calendar ; he would, therefore, only briefly allude to the
cases in which some importance was indicated. There was
one of a charge of manslaughter by persons calling themselves
l‘lormonites, a sect of persons with whose tenets he was en-
tirely unacquai- ted, but he had been informed it was something
in connexion with immersing a female iu water in some bap-
tismal ceremony. There were many charges, also, of bigamy
—a crime very frequently committed from a prevalent error,
that there was no responsibility when the husband and wife
had been separated for more than seven years. He would not
longer detain them.
The following is the list of charges which will be tried under
this commission :—1 for arson, 1 assault with intent to rob, 12
burglary, 5 bigamy, 1 cattle-stealing, 4 cutting and maiming,
I embezzlement, I forgery, 1 horse stealing, 2 housebreaking,
12 manslaughter, 3 murder, I poaching, 2 rape, 1 sacrilege, 1
unnatural crime, 3 various other felonies, and 5 whose names
are not down in the calendar.

The cases tried during the day possessed no public interest.

OXFORD ClRCUlT.—Stafford, Jan. 1.
( Before Mr. Baron ROLFE. )
George Mid ieton, George Wilkinson, and George Wilcox,
were charged with highway robbery, with violence, upon the
person of Ralph Leragg.
Mr. Yardley conducted the case for the prosecution ' • Mr.
Allen defended George Middleton ; the other prisoners had no
couniel.

It appeared from the evidence, that on the night in question,
the prosecutor was returning from a house in the neighbour-
hood to Shelton, in the Potteries, linked to the arm of a friend,
a caution his eopieus potations had rendered somewhat neces-
sary, when he was attacked by four men, who wrenched from
him a stick he was carrying, knocked him down, and struck
him upon the head until he was insensible, and then rifled his
pockets. ' On the return o f his friend with assistance, the men
made off, but the three prisoners were subsequently captured,
and identified by the prosecutor and other witnesses.
For the defence, it was contended that, although a most
aggravated and unjustifiable assault had doubtless been com-
mitted, still there was no evidence to prove that the prisoners
had actually robbed the prosecutor, but that, in consequence of
his intoxicated state at the time, he in all probability lost the
money he alleged_ t• have been stolen.

The Learn; 1 Jonas having summed up,
The jury took the view of the case suggested by the counsel
for the defence, and found the prisoners Guilty of the assault
only.—They wore sentenced to one years' imprisonment.
Edwin Picken, an intelligent lad of 17, was charged with
setting fire to a stack of hay and a stack of clover, the property
of Henry Southwick, a respectable farmer residing at Brewood,
in this county.
Mr. Allen conducted the case on the part of the Crown ; the
prisoner was defended by Mr. Yardley.
The prosecutor, it appeared, had declined to receive the pri-
soner into his service, which refusal engendered, on the part
of the latter, a degree of malignity that, after manifesting
itself by a series of petty annoyances inflicted on the pro-
secutor, at length instigated him to perpetrate the offence of
which he now stood accused. It was proved that several days
previous to the one on which the stacks were fired the pri-
soner had purchased a box of lucifer matches ; that he was
seen in the immediate neighbourhood of the rickyard but a
very short time before the alarm was given, and that he alone
of all the neighbours, not only abstained from offering any as-
sistance, but was not even present during the efforts that were
made to extinguish the flames. It was further proved by a
comrade of the prisoner, that, in a conversation they had re-
specting the fire, the prisoner observed, that at length he" had
served the old devil set," and several other witnesses gave such
an account of various sayings and doings of the prisoner • with
reference to the fire as were utterly inconsistent with his in-
nocence.

The jury found the prisoner Guilty, but recommended him
to mercy on account of his youth.
The Learned BARON, after commenting in very severe terms
on the heinousness of the offence, and the deliberation and vin-
dictive feeling which had marked its perpetration, sentenced the
prisoner to be transported for 10 years.
There are several eases that yet remain to be tried, and it is
uncertain when the assize will terminate.

SOUTH W ALE S.—Cannarthen, Dec. 31.
THY REBECCA RIOTS:

The judge (M r. Justice Cresswell) entered the Court at
nine o'clock on Saturday.
The ATTORNEY-GENERAL announced, that after the deci-
sion in the Dolanhirion case, he should enter a nolle prosequi
en the charge of felony against Thomas Hughes, John Jones,
and Benjamin Jones, for the offence at Pontarlliche, and re-
move the minor charge by certiorari to the next assizes. If
anything further should be done in the Dolanhirion case, the
evidence would be best tested by proceedings in the Court of
Queen's Bench.
EXTRAORDINARY CASE.—David Evans, a farmer, and
James Evans, his servant, were then charged with having,.on
the 30th of September, with others, riotously and unlaw-
fully assembled at Pantycerrig, in the parish of Llanfihangel
Rhosycorn.
Both prisoners pleaded not guilty. They were defended by
Messrs. N. Came and E. C. H. Hall.
The ATTORNEY-GENERAL rose on behalf of the prosecu-
tion, and said, that the prisoners were indicted for a misde-
meanour and riot. The substantial charge was, that on the
night of the 30th of September they, with others, demanded a
sum of money from Thomas Thomas, of Pantycerrig, a farmer.
He then proceeded to detail the facts, which will be found
in the depositions and evidence. The object of the parties ap-
peared to have been not to remove any public grievance, real
or imaginary, but to make the agitated state of the country
subservient to their private purposes, and obtain a settlement
of a claim or debt. Since the occurrences for which the pri-
soners were now arraigned, Mr. Thomas had been found dead.
He did not, however, mean to hint that they were implicated
thereby. The character of the county had been satisfactorily
vindicated by a careful inquiry, which had given every ream
for belief that Mr. Thomas's death had been the result of an
accident. The Attorney-General then read the deposition of
Thomas Thomas, as follows :—" I live at Pantycerrig, in the
parish of Llanfihangel Rhosycorn. lam a farmer. I remem-
ber, early on Saturday morning, the 30th of September, at
about one or two o'clock, a number of people, about fifteen or
twenty, came in disguise to my house, and called on me to
come out with 5/. They said they came on behalf of David
'Evans, of Bergwm, to demand the 51. in satisfaction for a trespass
upon his corn by my cattle. I did not go down to the door, but
my wife did. In consequence of the door not being opened imme-
diately, I suppose they reduced the demand to 40s. I went out of
the house among the crowd and was taken by the collar by a tall
man in disguise, with his face blackened. He called himself
'liecca.' I was dragged against my will to Bergwm, a dis-
tance of about three quarters of a mile. It is the house of the
prisoner David Evans. They all acted in concert. Some had
guns, and others horns. I recognised James Evans ; he be-
haved the worst to me, and shuffled me. I also recognised
David Evans. James had; a short old gun, and was disguised
by having his face blackened. His clothes were not changed.
David Evans was not so much disguised ; I knew him very
well. They took me to a field near Bergwm, where we were
desired to stop, while some went on, so as not to alarm the
family. I saw David Evans go en first, and go into the house.
They then took me into the yard, and afterwards into the
house. I saw David Evans, anti told him that I had made up
with him for ten shillings for the damage done to his corn. He
said, The matter is now in these people's hands, and I cannot
interfere.' They further demanded money of me, but I said
that I had none. I then asked David Evans to allow me to
stop in his house, as I was afraid to go out. James Evans
seized me, and dragged me out of the house, in a different
direction from my own house. He said he wished to kill me.
'Becca called out to him, Why, he took me in that direc-
tion ?"Becca and the party they. took me along the turnpike-
roast to my own home. They called to my wife, and told her
they had brought mo back as they promised. They then gave
me nine days to pay the money in, and said, that if I did not
pay it by that time, they would come again, and would kill
and burn."
The ATTORNEY-GENERAL concluded his address by al-
luding to the recent Government prosecutions, and said, that
the object had not been so much the punishment of every
individual who took part in the disturbances, or were con-
cerned in the outrages, as to restore the authority of the law,
to give confidence to those who were willing to obey it, and
protection to those who were willing to assist in its just ad-
ministration.
Ebert Bray—l am a policeman of the A division of the
metropolitan police. I Itt.ew the late Mr. Thomas Thomas, of
Pantycerrig. He is dead. I saw his body the morning it
was found in the river.
George Spurreit—l am clerk to the magistrates at Car-
marthen. I took down the examination of Sir. Thomas. He
was examined in the presence of the two prisoners. I saw
him sign it. ll* was sworn. He was examined in Welsh, but
understood suffielent En fish to make any correction required.
Ho told his own story first. Mr. Price, the Magistrate, in-
terpreted it. He was not sworn as an interpreter. I took
down the English as Mr. Price interpreted. I understood
sufficient Welsh myself to interpret. Mr. Price put the whole
of his story into Engli-h, omitting no part of it.
Mr. John Lloyd Price—l am a magistrate fur this county.
I took the depositions of Mr. Thomas Thomas. He was exa-
mined in Welsh. He understood English. He co, rected
two or three words when it was read over to him. I took
an examination previous to this, with a view to issue the war
rants.. I went to Bergwm. In consequence of the apprehen-
sion of these two men the houses of Sir. Thomas were burnt
down. Thomas Powell and Rosa Thomas went with me to
Bergwm. We could get no assistance from the parish con-
stables. Robert Bray was also there. We found David Evans,
the prisoner, at home. He was in bed. I went from home
about four o'clock in the morning. I reached liergwm about
six. David Evans, when he had been apprehended, and as
he was dressing, said, " I know clothing of the servant, James
Evans. I quarreled with him a few days ago. He wanted to
go to Breckfa fair. I was against his going, and I have not
seen him since." I had previously desired the police to search
the outhouses. They came in, and had found no one. I
suspected something woo wrong, and asked David Evans again.
He made the same statement. I sent the police out again,
and I saw them tumble him out of the loft. I did not see
him found. As far as I can remember the examination took
place the same day. I remember in the course of the exami..
nation, when Thomas was stating about the 405., David Evans
said, " We agreed before we left the turnpike-road to take 11."
The deposition was then put in and read.
Thomas Evans—l am a mason. I live with my father at
Pynyffordd. That is about halt a mile from Pantycerrig,
and a mile from Bergwia. I recollect Saturday, the 30th of
September. I was disturbed between 12 and 1 o'clock on
that morning. I was in bed at the time. I got up and went
to the window. I saw a good many people out. I don't
know how many, it was too dark for me to see. I saw more
than three. Idi i net see them all. I heard a great noise.
The next thing I heard was a man calling out, " I warn you
not to go to the farm you have taken ; if you do we will burn
your hay and corn, as we have done to your neighbours." Sly
father had just taken a fares. The voice was that of James
Evans, the prisoner. I did not see him, but lam well ac-
quainted with his voice. I sing in the same singing-school
with him. They fired guns as they went away. After they
were gone I got up and went out of the house. I went to-
wards Pantycerrig. I went into a field and saw a crowd pass
by on the other side of the hedge. They were going towards
Pantycerrig, an were within two fields of it. They blew
horns and were armed with guns. They fired guns frequently,
and from their light I saw something white about the dresses
of the men. They were about 20. About 9 o'clock in the
morning I went to Bergwm. The people there were all in
bed. I knocked at the door and was let in by the girl. A
short time after David Evans came down stairs. He was
dressed. A gun was on the table in the kitchen. I said, "
think here is one of Becca's guns." David Evans said he
thought it was. He appeared surprised at my remark. I then
requested David Evans to come out with me. When he came
out I told him that the servant that was at his house had
warned my father not to take the farm. He said that he had
not, for he had been in beef all night. David Evans then went
into the farm. I went with him. David Evans told James
Evans what I had said. James Evans came and raised his fist
in my face, saying, " You devil, to tell that of me." David
Evans then came forward and put his hand upon him, and told
him to be quiet. I then went down to Pantycerrig. The next
day I saw James Evans. lie asked me why I had told Thomas
Thomas that he had confessed to me. I said I had not.
James said a servant at Pantycerrig had told him so, and
added, "If I had a chance I would put you quiet enough for
saying so." I answered, " I don't know whether you will
have an opportunity or not." He then replied, "If you tran-
sport me for seven years I'll give you a coat when I come back,"