Preece Family Tree

[CARMARTHENSHIRE QUARTER SESSIONS.]

Thomas Davies alias Thomas Evans, was indicted for having at the parish of Llandilofawr, on the 4th of July, stolen a mare, the property of David Jones, of Cilwern.

Mr. Lloyd Hall appeared for the prosecution and having briefly stated the case, called:-

Mr. David Jones, of Cilwern, who said:- I missed a mare of mine on the 5th of July, early in the morning. I last saw her safe on the Sunday evening previous, between 9 and 10 o'clock. My mare was of a brown bay colour, with black legs. She had a particular mark on the off hind leg - and a white spot near the hoof. She also had a white blaze from the forehead to the nose, and a saddle mark or lump. She was 14 hands high. I went to Breconshire in consequence of information I received. On the 21st of July I saw the mare in the possession of Daniel Jenkins, Ynisfawr, Cwmtaf. I claimed the mare and it was given up to the police, and next day we went before the magistrates. The police constable brought the mare to Llandilo, where it has remained with the police ever since. She is worth £18.

Cross-examined by Mr. George Thomas:- I am a small farmer. I have only one horse. I used to keep her in my field. I hold 60 acres of land. It is corn and grass land. The mare was grazing in a field near my house. I go to bed in the summer about 10 o'clock. I am living with my mother-in-law, but the mare in question belongs to me. It never belonged to my mother-in-law. It is worked in a cart on the farm. I am married. The rates are paid by my mother-in-law and myself jointly. There are two more horses on the farm which are the property of my mother alone. They all work on the same farm.

Re-examined:- I bought the mare at Cwmdu about 3 years ago.

David Roberts was next called. He deposed:- I am a miner. I went to Brecon fair on the 5th of July last. It was about 14 days before my examination before the magistrates. I took a mare belonging to my father for sale at the fair. Prisoner came to me that day and asked the price of my mare. I told him £18. Prisoner asked me to exchange with him, and took me to see a mare at Mr. Prosser's, Penybont. I looked at the mare and refused to exchange with him. Subsequently, however, I did exchange with him, and he gave me a shilling to boot. My brother then rode her home. I sold her to Daniel Jenkins for £15 5s. I have seen the mare to-day with Jones: I am quite sure she is the same mare.

Thomas Roberts, brother of the last witness, was then called, and corroborated his evidence.

Mr. Roberts, of Downe, near Llandilo, proved that on the night on which the mare was missed, he saw a person of the description of the prisoner, on foot, going towards Llandilo, and shortly afterwards saw the same person returning on a horse without a saddle. Witness was in company with a neighbour named Evan Barry at the time.

Mr. John Thomas, Cwmgwin, Moddfey, deposed:- I was at the last Brecon July fair. I started to go there between 12 and 1 o'clock. On the other side of Trecastle, about 1 1/2 mile, I saw prisoner whom I overtook. This was between 2 and 3 in the morning. I did not know him before. He had a mare with him, which he was riding. We rode together to Brecon, and David Jones, of Cynnyllissa, was with us. I stayed at the Greyhound on this side of the Bridge. Prisoner did not stop there, but went to Prosser's stables, near the Bridge End. After I had put my horse up, I saw the prisoner in the street without the mare. I heard a conversation between D. Jones and prisoner. D. Jones asked prisoner where he had had the mare. He said he had exchanged her at Llandilo on the previous Saturday. This was on a Monday morning, the fair day. He said he had given a horse in exchange for the mare he was then riding. He said he had got the horse at Swansea. Nothing more passed.

Cross-examined:- I live 10 miles from the prosecutor. I know the prosecutor. At Llandilo I saw him first. I do not recollect whether there was a saddle on the mare or not when I overtook him. It was not very dark. It was light enough for me to see if there was a saddle, but I did not notice. David Jones and I were going to the fair to sell. I think I should know the mare. I think I mentioned the conversation between D. Jones and the prisoner before the magistrates.

David Jones, Cynnyllissa, Llangadock, deposed:- I accompanied last witness to Brecon fair. About 1 1/2 mile beyond Trecastle we overtook prisoner on the back of a mare. I asked him where he had the mare. He told me he took her in exchange at Llandilo the previous Saturday. I had known prisoner before, and had travelled with him the previous week when we came from Swansea. He then had two horses with him. As we were going to Brecon I asked the prisoner for which of the horses I had seen with him he received the mare in exchange. He said the bay horse. I think I then asked prisoner what he gave with the horse in exchange for the mare, and the prisoner told me he had given nothing to boot. The conversation about the mare then ended but there might have been something said about a good bargain. At Brecon I stopped at the Greyhound. Prisoner stopped at Mr. Prosser's.

Cross-examined:- There was a saddle on the mare. I was going to the fair to buy a pony. I bought a pony, I cannot recollect any conversation with any one else.

John Hughes, Carregsawdde was sworn and said:- On the night before Brecon fair I went to prisoner's house to light my pipe. It was a quarter past eleven when I came out. I saw prisoner. There was no one in the house, but we two. There were two persons waiting for me outside. I went to the roadside, and waited for carts or waggons to come forward. We smoked and talked together. I was sitting in the gap, and the two were lying down. This was 25 or 30 yards from prisoner's house. I saw prisoner come out with a light. He went to a small hovel at the end of the house. He stopped about 10 minutes. He came out, having a horse with him. He went towards Pontarllechyd, in the direction of Brecon. From Cledfrwch to prisoner's house you must cross the river at Rhydsaeson.

Cross-examined:- Prisoner is a horse jobber. I have seen prosecutor, but do not know him particularly. I had no conversation with prisoner except in the house.

P. C. John Robinson was next examined. He said:- I am stationed at Llandilo. I apprehended prisoner at his own house on the morning of the 18th of July. I told him the charge. I told him I apprehended him for stealing a bay mare on the night of the 4th of July from the lands of Cilwerin, which mare he had disposed of at Brecon fair on the 5th July. He at first hesitated, but then said "I am innocent of it, I walked to the fair. I purchased a horse at the fair, but I had none with me there. I brought that horse home with me." I was before the magistrates at Llandilo and received him into custody. He came to Carmarthen on the 23rd of July. On the 13th of August, I apprehended him a second time at Trap, near Carregcennen Castle. I then brought him to gaol. I had no warrant then. I took him for escaping from gaol. I had the charge properly explained to him in Welsh, but he spoke English to me. The second time I took him at half past one in the morning. He was walking on the road side at a quick pace.

G. P. Price, Esq:- I acted as magistrate's Clerk on this occasion. I took down what prisoner said, and he put his mark under it. He said "I did take a horse and put him in my fields. I overtook two men near Trecastle, one allowed me to ride his horse to Brecon. I asked its price, he told me 12 guineas."

Mr. Geo. Thomas then addressed the jury in an able speech, and contended that before they could properly make up their minds to convict the prisoner they must be satisfied of two things; first, that he stole the mare, and secondly that it was the property of David Jones. The account the prisoner gave of how he became possessed of the mare was that he exchanged a horse at Llandilo for it, that he had previously bought at Swansea. This was very likely to be true. One of the witnesses admitted that the prisoner had two horses when he was coming from Swansea. The prisoner did not deny he had the mare. It must have passed from hand to hand and reached the prisoner on the Saturday. The prosecutor said he missed the mare on Saturday night. He (Mr. T.) did not mean to say that the prosecutor was perjured, but might he not be mistaken. He next commented on the alleged confessions of the prisoner, and argued that mistakes as to the prisoner's meaning might have arisen in consequence of his imperfect knowledge of English, and the improper translation ot his Welsh language. The interpreter too was absent, so that they only had the evidence of a third party. If the prisoner was a thief how came he to take his neighbour's horse to ride past all his neighbour's houses and to sell it at Brccon where every one knew a fair was to be held, and where it was most likely a stolen horse would be offered for sale. The jury must also be convinced that the mare was the property of David Jones. What were the facts of the case? This mare was said to work in the teams with his mother in law's horses. She had all the stock and they were to believe that only this one was the prisoner's. The whole story was improbable. The prosecutor had in fact been a servant and having married his mistress's daughter, remained a servant still. He never had house, furniture, stock, or anything else, and yet he said this mare was his. This was a serious charge, and the Jury should carefully weigh the evidence. He would call witnesses to show that the prisoner's character was untainted, and it was for the jury to consider whether his guilt had been made out to their entire satisfaction.

Several witnesses were then called, who gave the prisoner a previous good character, although they admitted they had heard he was to be tried for stealing another horse, and also that he had broken out of prison.

Col. Trevor having summed up, the jury returned a verdict of Guilty. In passing sentence, Col. Trevor observed that the Court had the power to transport the prisoner for 10 years, or to imprison him for 3 years to hard labour, with the addition of solitary confinement. The Court, however, was not disposed to press the case to the extreme point which the law enabled them to do. Trusting that the prisoner would lead an amended life, the sentence of the Court was that he be imprisoned and kept to hard labour for 18 calendar months.

Attorney for prosecution, Mr. J. L. Popkin, Llandilo; for defence, Mr. Geo. Thomas.

A aecond indictment against the same individual for stealing a grey mare from Mr. Wm. Thomas, of Llangadock, was not pressed.