Preece Family Tree

Llandilo Petty Sessions.

SATURDAY. - Before Mr J. L. Thomas, Mr L. N. Powell, Mr A. DuBuisson, and Dr Southern.

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ASSAULT CASE. - DISMISSED.

David Evans v. David Evans. David Evans master plasterer, Brown Hill, near Llandilo charged David Evans, merchant, Towy Stores, Llandilo, with an assault. The case excited a good deal of interest, and a number of the more respectable inhabitants were present at the court during the hearing. Mr T. G. Williams was for the complainant and Mr J. W. Nicholas for the defendant.

Mr Williams, in his opening address, said the complainant was a master plasterer, and the defendant a respectable merchant, carrying on business in Bridge-street, Llandilo. The complainant and defendant enjoyed the same name. He then detailed the case. As far as his client was concerned, he did not wish to disguise anything. His client admitted he did a foolish thing, in saying to the defendant, "Good night, Mr Jam." One could not understand others people's feelings under such circumstance. They often used the term that a person was "real jam," and whether it was the omission of the adjective that irritated the defendant or not, he could not say. It was a sweet name, but it annoyed the defendant. Very soon after the defendant gave complainant very good reason to regret ever having said so. He (Mr Williams) did not think the word was insulting. He did not think a sweeter name could be applied to any man than to call him "jam." But there was the fact that he was called "Mr Jam," which probably riled the defendant. The defendant assaulted complainant, and complainant probably did give defendant a kick. The business of the bench would be to see who struck the first blow. Had the assault been a trumpery one he (Mr Williams) would have made overtures to settle it. If the facts were to be relied on as given by complainant, it was not a slight cuff that defendant had given complainant. People could not be allowed to take the law into their own hands, and defendant was to be blamed for taking the remedy into his own hands. He had not done it in a hasty moment.

Mr Nicholas, on behalf of his client, pleaded "Not Guilty," on being asked by the Clerk.

Mr Williams went on to say that as his friend always did he would be eloquent in the defence, and he (Mr Williams) was not there to press the case. He believed the defendant was very respectable, and had never been known to be of a very bellicose, or to misconduct himself, but that aggravated the case. If persons were allowed to act as the defendant had done, there would be no peace in Llandilo. He (Mr Williams) would have thought the defendant would have been the last man in the world to do what he had done. He asked their worships to deal with it as they felt right.

David Evans, the complainant, being sworn, said that on the 25th November, about 7.30, he was proceeding in a trap down Bridge-street, when he got by Mr Lewis, the butcher, he saw the defendant. Witness was about six yards off. Witness said "Good night Mr Jam." Witness then proceeded lower down the steps of the Half Moon, or about 38 yards from where the defendant was standing. Right opposite the Half Moon defendant has business premises. He went into his stores. Witness alighted from the trap by the Half Moon, to get a stone to put under the wheel. Witness was putting it in front of the wheel. Witness came on and hit him a crack on the left side of the head until he fell against the wheel. It was a hard blow. Defendant then caught hold of witness by the collar, and pulled him across the road, close up to his premises, flush with the wall. Defendant then threw witness down, and was hitting him on the ground. He struck witness more than once. Witness said he should repent of it. He was almost stunned. Witness got up to look for his hat, which defendant had knocked off. Witness was proceeding to go up the Half Moon steps when defendant again hit him on the left side of the head. The blow felled him.

Cross-examined by Mr J W Nicholas: Up to the date refrred to had you been on good terms?
Witness: I don't speak to the gentleman for many years.
Clerk: The question was were you on good terms?
Complainant: I used to deal with him at one time.
Mr Nicholas: You owed him money?
Witness: No
Further pressed, he said "Yes."
Mr Nicholas: Why say no then?
Witness said not at the time of the assault.
Mr Nicholas: You owe him money now!
Complainant did not reply as required.
Mr Powell: Answer the question properly.
Mr Nicholas: In last October he entered you in the County Court?
Complainant: Yes, sir.
Mr Nicholas: For a sum of about £3?
Complainant: £2 11s.
Mr Williams: Has this anything to do with the assault!
Mr Nicholas: And an order was made for the payment of two pounds per month. Last Saturday week was the first time you saw the defendant after that, and you shouted out after him, "How are you old Jampot?"
Complainant: No, sir.
Mr Nicholas: You understand my question?
Complainant: I don't know.
Mr Nicholas: Did you say, "I will be even with you?"
Complainant: No, sir.
Mr Nicholas: Nothing of the sort?
Complainant: No, sir.
Mr Nicholas: On the Saturday the assault took place did you not see Mr Evans as you were driving into town?
Complainant: I can't say I did.
Mr Nicholas: Think?
Complainant: I am sure I did not.
Mr Nicholas: Did you speak to him then and say, "How are you to-day Jam-pot" - not "Jam!"
Complainant denied.
Mr Nicholas: On the evening of the assault, as you were going back, you saw Mr Evans in the door way of Mr Lewis, the butcher; did you say then "Good night, Jam pot?"
Complainant: No, sir.
Mr Nicholas: You left out the "pot." What do you mean by calling him "jam?" Did you mean it as a compliment?
Complainant: I regret that I said the word.
Mr Nicholas: You did not mean it as a compliment?
Complainant: It was a "pass-word."
Mr Nicholas: You did not mean it as a compliment?
Complainant: I cannot say. I regret it.
Mr Nicholas: Why use it if you did not mean to insult him?
Complainant: Very well; yes.
Mr Nicholas: You were annoyed with him, because he had put you in court?
Complainant: I was bound to be.
Mr Nicholas: Afterwards you stopped outside the Half Moon?
Complainant: My wife was in town, and I was waiting for her?
Mr Nicholas: You went into the Half Moon to get a drink? You don't commot yourself by saying you did. When you were standing by your trap, Mr Evans, to whom you have applied these insulting words, came up, and said, "What is the reason you are insulting me whenever you see me?"
Wintess denied it.
Mr Nicholas: You know Mr Evans, and if he comes into the box and swears you did?
Complainant: He is telling an untruth.
Clerk: You mean to say you did not hear him?
Complainant: I did not.
Mr Nicholas: You, without making a reply, jumped at him, took hold of him by the collar of his coat, and tried to kick him?
Complainant: No such thing.
Mr Nicholas: Had it not been for his holding of you, you would have struck him?
Complainant: I was senseless when he took hold of me.
Mr Nicholas: How long were you before you got to your senses again? (laughter).
Complainant: After I got across the road.
Mr Nicholas: He carried you, a senseless body, across the road? You were knocked down senseless?
Complainant: Yes.

Mr Nicholas reminded complainant this was rather different to what he had told Mr Williams.

Mr Williams said he did not wish to exaggerate the case.

Mr Nicholas: When did you recover these senses of yours? When you were knocked down the second time?
Complainant: Yes.
Mr Nicholas: The first blow made you senseless, the second made you recover your senses. That is a new method (laughter).
Mr T. G. Williams: Like cures like (more laughter).

Wintess said that he next went in search of his hat, which had been knocked off. Witness could not deny that Mr Evans said in Welsh to him that he did not wish to fight with him.

Mr Nicholas: Did you kick him?
Complainant: I can't say whether I did or not; I offered.
Mr Nicholas: Your period of senselessness did not interfere with you much?
Complainant: I rose my legs somehow or other, and not with great difficulty. I only aimed one kick at Mr Evans.
Mr Nicholas: After you received this fortunate blow that brought you to your senses again, did you not say, "Come out to the middle of the road?"
Complainant: I might have said it. He denied swearing at Mr Evans. He was struggling with Mr Evans near the Half Moon. He had not hold of Mr Evans' coat. He did not remember by what part of defendant's body he had hold, but he must have had hold somewhere.
Mr Nicholas: Do you allege defendant struck you more than once?
Complainant could not say, but he had some marks.

Mr Nicholas said that the mark on the middle of complainant's head he had remembered for a long time (laughter). Were not the marks you had caused by the falling against the step?
Complainant: There was a mark of some blood.
Mr Nicholas: You pointed to several places on your head just now. You have been in many comflicts before now in your time?
Complainant: No, I have not.
Mr Nicholas: I think I had something to do with some?
Complainant: Only one you have.
Mr Nicholas: Have you ever been convicted in this court?
Complainant: No, sir.
Mr Nicholas: Convicted of anything?
Complainant: Not to my knowledge.
Mr Nicholas: Think. I don't want to alude to them, because there are not assaults?
Complainant: Not to my knowledge.

Mr T G Williams said Mr Nicholas was bound to take the answer.

Mr Nicholas: You have been find this year, have you not?
Clerk: Unless it is a case of assault, it has nothing to do with it.

Complainant admitted telling Inspector Griffiths that he had kicked the defendant.

Mr Nicholas: Did you say you were sorry for it?
Complainant: I think I did; most likeyl.
Mr Nicholas: Did you point to some blood, and call his attention to it, and say, "I got this by coming down against the side of the trap?"
Complainant: I don't deny it.

Re-examined by Mr T G Williams: He had a mark from defendant's blow also. He would swear he did not hear the defendant say, "I don't want to fight with you." On his oath what he said was, "Mr Jam."

Inspector Griffiths said that on the 25th of Nov. defendant came to him, and made a complaint. Witness, in consequence, looked at his head. There was blood on his face, and his clothes were covered with mud. The collar and tie were pulled off.

By the Bench: It was only a thin streak of blood?
Mr T G Williams: A thin red line.

Robert Thomas, a telegraph messenger at the Post Office, said he was near the Half Moon that evening. He saw the complainant putting a stone under the wheel. He saw Mr Evans, the defendant come across the road. He came from his stores. He next saw him dragging complainant across the road to the gutter near the shop. He saw the complainant's hat go off. Witness was by the Half Moon. He heard complainant say, "You shall repent for this." He saw the defendant slap complainant across the face. He saw complainant kick the defendant. He saw them again struggling until complainant went under the trap. Wintess did not see the defendant do anything to complainant before he dragged him across the road.

By Mr Nicholas: He did not hear the complainant ask defendant to come into the middle of the road. The second struggle commenced in the middle of the road.

By My Williams: Complainant gave the kick after he received the slap.

Albert Wheelhouse deposed that he did not see the commencement of the row. He saw the complainant finding his hat. He said to defendant, "You will repent for what you have done." The defendant said, "You had better let me alone now. You will repent for what you have done now." Defendant struck complainant with what witness believed was the flat of the hand by the sound. He saw complainant aim a kick. There was a lamp close by. Defendant caught complainant by the collar of the coat, and pushed him against the trap, and then under, in the struggle. Both parties were sober.

For the defence, Mr Nicholas pointed out that the boy and Wheelhouse spoke of a smack, and then the struggle. This was a difference between the smak and the blow spoken of by complainant. In the view of results, the case was not one of importance, but was because of the position of the parties. There had been discrepancies in the evidence for the prosecution. There would be no love lost between the parties after the action in the County Court. He did not wish to lay any stress on the fact of his client's respectability. He was a man of peace to the last degree. The complainant's unconsciousness was of a remarkable character. The defendant would have been thoroughly justified in striking the complainant before he did, and he richly deserved what he got. Their worships knew the two men, and could judge of them. Vengeance of the sort shown by complainant was often the result of a civil action, and he (Mr Nicholas) believed that the bench, when they had heard the evidence for the defence, would vindicate his client's character.

D. Evans, Towy Stores, the defendant, deposed he recollected the time mentioned in the case. He was leaving his stores and on his way home. Mr Evans passed him, and said, "Good night, Mr Jam Pot."

Mr Nicholas: Put the emphasis on the "pot." He called you that before?

Mr Williams objected.

Witness's brother called him (defendant) back on business. Witness came out of the stores, and complainant got out of his trap opposite the stores. Witness went across the road, and asked Mr Evans, "Why do you insult me every time you get the chance?" He made no reply, but took hold of witness by the collar of his inner coat, and asked defendant to come out to the middle of the road. He (witness) did not strike him until the final struggle. Witness said, "I don't want to fight with you; leave me alone." Complainant had kicked him, and as he would not let him (witness) go they had to struggle. Complainant tried to kick defendant several times. He was as violent as ever he could be. Witness was standing on the pavement after the first struggle, and again complainant came up. There was a second struggle and witness gave him (complainant) the push and slap, and that was the only offensive blow he gave, and that with the open hand. Complainant tried repeatedly to kick witness, but he managed to keep him off. He had entered complainant in the October County Court.

By Mr Williams: Witness denied that he dragged complainant across the road, as said by the boy. He could not give a reason why the boy should have said what he did. He did not make any suggestions. He spoke to facts.

By the Clerk: They struggled across the road. Witness did not hear Evans say, "he would repent," but heard him say "witness."

Mr Williams: What did you take it for?
Defendant: You may take it for what it is worth.

Mr Williams asked if defendant did not understand it to mean that he called out for people to witness the assault?

Defendant: I suppose if he had fallen uppermost he would not have shouted "witness."
Mr Williams: I suppose then you would.
Defendant: It was absolutely untrue as far as he was concerned about putting the stone. Complainant was behind his trap walking into the Half Moon when he (witness) went up to him.

Mr Williams asked if the witness Wheelhouse was not a respectable man?

Defendant: I put him into court last October.
Mr Williams: It seems nobody escapes your clutches. Has he paid you?
Defendant: I don't think he has. What he (the defendant) said was true. He felt annoyed at being called an insulting name. He felt a bit ruffed, as you (Mr Williams) yourself would have been, at being called insulting names. Witness would deliberately say complainant seized him by the collar. He (defendant) did his best to keep complainant off. He had heard the wintess say they only saw one kick. Complainant was on the ground in the gateway. Witness complained of being assaulted first. Witness had not taken out a cross-summons. Mrs Edwards, Half Moon, was by the door, and the servant.

Henry Davies, clerk to the defendant, gave evidence corroborative of that of the defendant.

John Evans, the defendant's brother, was about being called, when

Mr Powell said they had decided to dismiss the case.

Mr J. L. Thomas did not sit on the Bench during the hearing of the case.