Summer Assizes.
The Times, 1824-08-27T00:00:00

UalIT&L COtDT.-BefobrC iAfr. JIJI.Ce PARIC. '"r'w'ra iSilluams and Mlary Morgan were indictedI for the wilfuil mar"cr Of MWiffiar Evans, bv casting tipont him a tslab of timber, in conseuence of' which he instantly died. Thec Court waited some time f')r the bill, in consequence of Lthe long deliberation of the Orand Jury; andI during this interval the foremnan, Lord Gran- vi'le Somerset, came into court, and asked his Ltordship for somie in- formation, the purpo-rt of which did not transpire. After a short time, the bill was returned trex, and the prisoners were placed at the b4lt- Wirlliamss, a. l,bousring maLn of 30 years of age, stared wildly about him, znd seemed almnost convu!sively affected ; iary Mforgan thle female pSi-sorter, tremibled and wvept exceedingly, and seemed scarcely able to support the anxiety of the trial. Both pleaded, with connidernble earnestness3, "1not guilty." The jur besg stworn, and chiared with the prisoners, Mr R;SS?.L opened the case for the prosecution. The prisoners. w~ere indicted on the awful cha.-rge of havring, with deliberation and malice, caused tile death otf William Evans, at a time when, there 'was too much groundi to fear, hie was little prepared for the srudden change. The melancholy transaction to whiichi the attention of the iui*y mu.st be called, took place on the 26th of April last, In thie nicighbourhoci of Newport. On that (lay, the deceased and the pri.. solner Williams wrert drinking together;' whether either was in li- quor did niot appear, nor was there evidenc-e to show that any en- mity existed between them. About eleven at night, Evans, ac- COMPaniea by a woman named Nixon, of loose chiaracter, andi the two Prisoiers, 'were together at a place named Kinson's, in the suburbs of Newport, and near thec banik of the canal. It was ri,1rbt also to state, that on this evening, a snan in a whlite 'smocktrock was se~en, both before and after the fatal occurrence which W ast the stubject of thie present inquiry. An arrangement was unfortuina'ely made by wvhich the two prisoners remained together, end the deceased an-d iiiizabetli Nixon went to a saw-pit which was a few vadsd feomn the canal. While thiey were stanedin together in tne pit, a slab of timber whlch had lain by its sade waslhurled down upon them, it struck both ; the woman -fell stunned, and the mian fell dead on the spoL. It ivotild be provedc beyond all dloubt that the fall of this, slab could not he accidental and that the party who threw it must have known that he putt the lives of those who were below in as great peril a., if he hadl firedI a loaded gun into the pit. The freat question in this case then would be, by whom -was thils diead y iostruTRent throwni?: Now the prisoners were sieen but just before'; they hiad been i-n company with the deceasedi and the womsan Nixon ; no one appearedA on the seccne except the prisoners and the deceased anid his comnpanion, except the man in the smock. frock, wzho wouild sca-rcely have done it whitle the others were near. The learned couinsel then proceeded to salac circuanstanlcrs affecting each of the Prirsoners separately, as they were afterwarTds given in evidence. A fte' detailing threats 'and dceclarations by the female Prisoner (Morgan) against Nixon, he stated that there was no proof of any, sisilice itt either party against the deceatsedl but if the inten- tinai w,as to kill tdie woman, 'and the man was killed instead, the crime oIf the parties wouldl still' be murder;, anti concluded by requesting the! jury to keep this position in mind, and to watch the evidence 'with the most qn-ious care. EBlizrtbeth Nixon w,6as then examined by Mlr. IMAvLE.-She !tad-..In April last I was living its the hoi5e of Jorieph Thomas, at Newport.aThe 'nione 'ac Molrgan lired in the same houtse, and as clledCariff Alarv. About 11 o'clock on AMonday, the day before Bvans was fauna dlead, I left the house alone, and went tO a PMA'C house calledi Kinson's, hv the side of thte canal. As I went, .,,,saw Calrdiff' 5ary, Ricliar'd Williamis, William Evans, and a t1:n in a white smock-frock- whom I did not know. The man was standing near Kinson's window, and the others at the next door. Marv AMorzan sa;id to mie," What the devil do you want thiere ?,' I 'replied, "1Are you drunk or mad ?" She toldt me to go to MI~. On, the Sunday eveniing. 'he had wanted to bring a young man in to have beer, but I would not let her, and shut the dloor at`ainSt her She satid, "shie would be up with me." - After she hali told me on Moi(nday night to go to hell, she went towards the Red Cow, and Richard W illiams with her. I remained;, Wil- liam Evans catne tn mec, and aske~d me to accompany him to my lodgings ; I replied, I could not take him there ; he then asked if I would comne as far as the Red Cow. He walkedl on and I followred towrdstha plce Aswe eregong by the Red tow, we niet the priones cmin toard us diry 'Morgaii left 'Willliams, and ameand hre herannroud Evans's neck, calling him 'illim Begie. e deiredher to desist ; shie toldl hini to o t hel. '~vna tidI tenwent to the saw-pit, which wW; Only three or four y-ards distant, andI entered it lay steps in the wPall. WVe left the ptis6ners talking together at the tram-road, near the Red1 Cow, four or live yards fromi the saw-pit. At this time it wsar,but they must have seen us enter the saw-pit. In two or thre moet,a e eesadn, a piece of timber came down and cut me on the right side ofmy fare and thieback of myhead. I fell under it, amlid heard nO MOre. I do not know how long I renmained senseless. When I revived, I was still in the pit, and tdie timber on me. I was unable to rise, and scream-ed out. [Here the agitation of the female prisoner became so violent, that Air. Justice PARK doubted whnether she couild iunderstanti what was going on ; but she stoon revived a little. and was directedl to sit in the gaoler's seat. 'I he witness proceeded.1-Thc first person who came un) was Mlary MIorgan, who askled what I diid there ? I said, " For' God's sake, f.ry vbring some one here, andl get a lighit, and see what is the mat- ter." 'She made no answer, and br'oughit no light. In a few minutes, Richard Williamis came, and maisedI rie from beneathi the timber in the saw.pit. lie lifted mpe by, ste shiouldlers, and the man in the white smock.frack, who vwas stan.ding at the edIge of the pit, pulled me nut. WillIiams supported me, and tooknme home. The man in the white smockfrocl, asked me, while 'Williams was in the pit. " where was- the man whbo had been with twe ?" I told hini I did noi know; I beivd ehd gnne away. Before the timbi!r came downi Ihadnothing. WVhen I reached to my lodgins I was covered nih lod from the blow. AMary' ilorgawi wasiter;an9 si to her, " Alary, I will never forgtve You ; it would not have been mnuch for yoni to bring a light, and see what was the matter." diary, who was stmoking, gave ine no answer, but lauRhed at me. She antd I had Indzeed In the' same house for a menith. We wvere not on good termis, because I had informedI against her, before thie Dflaver of New-port, forT keeping a disordierly house,in coasequenecof which she was put in prison for a mnonth. She had been released about three weeks before tlisn afithir, and neyer gave rue a civil an- swer, hut Paid several timnes "1 she would be up to mne." Mir. Justice PARK asked the prisoners, who were withiout coun- sel, if they wyished to ask any questions of the witness. It appear- ed, that the male prisoner, a 'Vtlclsmsni, knew English but imper- fectli', and an interpreter was sworn to communicate to him the evi- dencec whiich liad been given. The learned Judge then read over the whole, sentence by sentence, and it was interpreted to Williams. The prisoner requestedi one or two questiotisi to be asked, whiich didt niot prove material, dMary dllorgan declined putting any que-stions, but wvept bitterly. 'The learned JUDGnE then examined the witnesson the rlepositions. She said I ca-n form rio judgment how long I was senseless. Ni'il- liams. whes he caine to inn, asked what was the matter with me ? lie did hoat seemi frightened. When I came out of thle pit, I sat for a time on the hiead of some timber. Eleanor Phillips said-I am not a married woman. In April last I lived in the same house witlh the female prisoner and Nixqrn. On the Monday night, I returned to imy lodginos, and founad Mary Morgan, the master of the housce, and his wife. MVorgan was amok. tng. She said to me " Are you alive ?" I said " Did you hear I was kill T" She ga,emne no answer, but only laughed. She did not say a word about Nixon. fin sen minutes or a( quarter of an houir, Elizabeth Nlixon was, brouight in c,overed withi blood. " 0 Lord," saidl I, " what'a; tihe matter?" iNixon saidl, " 0 diarY. you have served me well to-night, I would not serve you so, I ansild not be macit for yotu to bring a candle and see what was there." Mforgan replied, "1 Do you think I would ,go to be killed myelf?" I sed againi, What was the matter?" Nixon staid, Y"She bed gone wit a man Into the saw-pit, and some one had thrown timberfon her." I saidl to Mary, "1Where was you, Mlary ?" She replied. "1 I wag not far from there." I ask-ed, " Did you see some one about the saw.pit ?" She said, " Yea." " DSo you know themn," said I ? " Yes;" she said, "1 very well." "Tell mne who they are," saitl I. Shec repilied, " Not to-night. I wvill to-morrow." "I asked her why she did not assist Nixon ?" She made answer, "If you are, going, to take her part, you shall have the saime thit is nothing to what she shall have; that is only beginniing. i then went out with her. I saw 'Willianta at the door waiting for tts. Ile askced me how the sint was now?P I saiti, " Do youi know nothing about the girl ?" " Y,'s," saird he; "I I wenit to thea saw-pit, and hplpecd her out." A foartnight after, I -saw AMorgan, in prisoit, where I was sent on another account, and said, " WVe have brouglht ouirselves into a pretty hobble now ?" She replied " Yex, all about Betsy Roper-a M'ck-nanie for Nlixon." I said, " Didi you not tell me you knew them) as were about the saw-pit ?" Slie sai-I " I thought so ; it was not their intent to kill the mian, only to kill thec girl." Before this, Alorgan and Nixon were not friends. The Sunday before this happetted I heardi Morgan, on oc- casion of a nian being introdluced to tile liouise, declare to Nixoni "she would he up with her." Elizabeth Nixon. being recalled by desire of thle JUDGE, saitl, Williams saw her tso the door of her lodgsing!, but did not offer to go in. nor did Mrs3. Thosra.5 refu.se to allow himD. I was, examined be. fore Air. Brewer, the Coroner. I recollect the old wom-an sliuuting the door, hut not hiis oiffr to go in. David Thomias said-I alit a boatman, atnd was. willh in'y boat at Newport on the 20th of April, in she canal. Mlv boat was at a little distance from the saw-pit, with it blockliaker's shop between,. I stood on the stern of nty boat, and could see the path to it on bothi sides9, and part of otie end of' tbe pit. I heard, a soundi from the 8awpit, and thien a womian tiiina,. I the'n saw a man aind gonian at the lower endi o1 the pit, nearest Kinson's, eithier coming ouit of the pit, etr the trant-road neatr it. Theunian caine along the bink otf thec canal ruinning round to the othier eind of the saw.pit, whichi was not the nearest way to it. Att this tinte the wconnn stood at the Red Cow. The~ womuan in the pit calleA out Mary, L" 'vratimes - on this thie other womnan went to the pit, ans aske '_~wbat thje hell was the nmatter :"' She saidI slit wooild gel a ranc'*e Snd lantern, but did not. Thi's alan wvas in clark-co- loured cioS~ I saw no nian in a, white smock-frock. I -itood in the samre place fro-at the time I heard the first noise, anti miust huve seen any one who lef)t the pit. Between five and bix fn the iTioriming, I went to tire pit, where were many taer, and womnen, and sawsa bod~y there. Alr. John Young said-I ami a tinmber.tnerchant ait Newport, and livte about lb yards front the sasr.pit. About 12, as I was going to bed, I beard a wonman crv ouit for some one to come to her assistance. as tner wa a lecot uberon er.I nened the window, and f'ountl tl,ecries proceeded from thepit. 1 saa, a woimani between the pit sad the Red Cowv, anl a man conme over the timbeT at the other end of the pit, and enter it. This mano seemed to vrear something a little dark in colour. At this time the woman called for Alary to ctae to her assistance, end bring a light, as there was a piece of tirmber an her. I heard no more, but understood a Oman had come to Ittip her. DIr. Thomas Phillips.-I have measured the distances of the Places frosts the sa;w-pit, The Rublic-house called IKinson's is 77 Yards from it from one corner ot the Old Red Cow, the distance is -2 feet, from the other 44 feet ; from AMr. Yoang's b3 feet. The lace wherc the stern of Thomas's boat was is 72 feet in a direct line. JieassUred thr saw--pit; its leltgth is 19 feet; depth 6 feet; breadth 4ftet. It is walled up perfectly square; I saw no steps; but there maY be openings in the wall. l'he plan prodticed is a correct general ?eprteeitation of the premisz. Thomas 'Vaters-I am by tradc a sawyer. In April last I was tml)lo ed at this saw-pit. I left my work about 6o'clock on Mlondas, the 26th of April. There was then a large slab of wood at the side next the block.maker's slhop, about 14 inches, frow. the ed e of the pit against two posts, bht within them. It had lain these flor a week. It was an oak slab seven feet long, 23 irches and a half bread, and about eightS incies thick at the buitt end, but ran tapering tOthistosix inches. It weighed 24 pounds bv the iron scales. I obressed it on the XMlonday evening, tand placed tools behind it. It Ws quite safe froin falling, and could not have fallen of itself. I s called '.Ip about five in the n.orting, and saw a dead person in thle pit} writh tbis slab on bis6hould1er. As it rested slanting against tile posts, one person might have thrust it into the piL As it stood, its force would be as the weight of about 80 pounds. Thomas Mercer.-I am a pilot residing at Neteport. About half' past four in the morning of 27th April, I went to the pit and saw a body. The prisoner Williamrs and a man named Green were tlhere. t went into the pit, and found the dead person lying on his left side, three streaks of blood on his face, and this slab Iying against his head and shoulder. The bigend wasnexthishead. Irriedioliftit offbut found it too heavy. r said, " This is Jack Courturszonos,"-the nickname of a man who is vet alive. 'The prisoner said nothing, nor helped me to move it. 'I2wo men lifted it off whom I called. David Francis.-[ am a carpenter at Newport. I went to the pit on the mnorning of the 27th of April, and saw a body, w hich I knew to be that of Evans. fle lived near Newport, andl had the nickaiame of "' Williamn Berzeie." On the right side of his head over the ear, was a great etot, and five small wounds. I examined tLe slab, and found a rough edge, with splinters answering vevy wvounl in the head. I assisted in removing the body to a spet where it was ex- amined by the surgeon. Mr. James Hawkinsq.- am a surgeon at Newvport. On Tues- day, the 27th of April, I examined the body of William Evans, in order to ascertain the caune of his death. A bove the ear the integu- ments were wounded to the extent of twro inches; there were four or five cireular punctures. I dissected the head, and found Four or five pieces of fractured bone. The extent of the fracture was about five iRehes in length. It extended in various directions. One piece of the fracturedi bone had penetrated the brain, ard probably caused immediate death. I have no doubt the injury was caused by tho fall of the timber. The examinations of the prisoners were then put in and read. Richardi Williams gave an account of his proceedings on the Mlon- day, during wbich lie drank a great deal of beer, and had drank with the deceased and his brotlher. He knew neither of the women before that evening. He was standingby the Red Cow with the pri- soner Morgan, til thev heard the cry. He then ran to the pit, and Mary followed him. lie heard no cry for lights* as he was stooping, he saw a man with a white smock-frock roee to the head of the pi!, but he did not see him help her out. He did not run by the side of the canal, or go rouind the pit. He had no reason for going to the sawp it the next mnorning, nor ditd he think of what passed the night be ore. Mlary Morgan stated, that she had said, " it was through Nixon slie went to prison ;" but never threateneti her, or bore her ill-will. The rest of the examination consisted of contradictions of the state. ments of Nixon and Eleanor Phillips. This was the case for the prosecution. The prisoner Williams, being called on for his defence, said, i' He kinew nothing about it." The isoner Mlorgan said, " I have nothing to say." ' Mr. Justice PARK summed up the case, which lie claracterized as one of the rnost extraorlinary whicth ever came within his uotice. In point of lavr, there was no doubt, that if any one laid a plan to murder one person, and murdered another-as, if heprepared poison Ibr one, and another took it-lie was guilty of murder, although hc had no individual or particular malice against his victim. It was also clear that if a party threw a dangerous weapon, not intending to kill but todo grievous bodily harm, and death ensued, he would be guilty of murder, though if the weapon were aot likely to produce a fatal issue, his oft^nce would be manslaughter only. There wavs no doubt that the unfortunate man Evans received his mortal blow from theslab of timber,and it seemed as clear thait did not fail by accident. though it was most astonisning that nny one, intenAing to kill or in- jure another, should throw down a mars whici wouldl probably kill a third personi, to whom no malice was felt. The learned Judge then read over the whole evidence, distinguishing the facts as they affected each of the prisoners, and painting oit to the jury all their bearings., He then particularly (lirected their attention to the ques. tions which they had to decide-first, did both or either of the pri. soners cast the slab into the pit ? secondly, if both or either tltrew it into tlhe pit, ,vith what motive was it done ? To sustain the charge, the prisoners must have known that tthe dleceased was in the pit, and must have heen actu,ted by malicious motives towards him, or to. wards Elizabeth Nixon. But supposing malice out of question- supposing it foolish and wicked sport metely-stili the party who threw the timber would be guilty of manslaughter, because the act was clearly unlawfOl. It was scarcely to be believed that theprisoners went to the spot intending to eommit murder, as they could not know that the slab would be found there ready to their hands. The Jury consulted for ten minutes, and then found Richarel Wil- liams tnot guilly, andl iary Morgan guilty of ,iaerzslaughtcr only. Mr. Justice PARt addressed the prisoner Morgan, and, expressing his entire satisfaction with the verdict, sentenced her to be transport- ed for the term of her natural lifc. Ile then dismissed the prisoner who had been acquitted with a serious admnonition as to his tuture course of li'e. The woman continued to cry vehemently as she was taken from the bar. SCMMRR .4SSIZES. MONMOUTH, TuESDAY. AUGUST 24.