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what he writes must be strictly grammatical: he might mean to write July eleven. Dates are written differently. Some put the figures before the name of the month, fome after; and in deferibing the year, the Scotch write, that fuch thing happened in the 1770, not in 1770, as we do.

Mr. Serjeant Leigh They are proper ly eleventh when joined to a date.

Court. Two units ftand properly for eleven, and not for the eleventh.

Mr. Meffing. Two units mean tro in the Roman figures.-Here is a very material variation in the laft count in the record, pounds for pound.

Mr. Serjeant Glynn. Suppofing the printed paper to be nonfenfe, you have no right to m ke fenfe of it; and fuppofing it to be fenfe, you have the lefs right to make nonfense of it. We are in your lordship's judgment?

Court. I apprehend the law does ftand fo, that if you undertake to prove the te nor of a libel, it must appear to be literally and numerically the fame. Here you do not declare upon the purport, but have declared upon, and undertaken to prove the tenor; therefore, in that cafe, you ought to have copied it exactly, and should have taken more pains in examining it, before it came down to be tried. Had it been a record of the crown office, it would have been fent down more correct

Mr. Serjeant Glynn. There is a clerk of affize upon the weltern circuit will never draw one right; he puts always for force and arms, force and bands.

Mr. Serjeant Leigh. Is that your lordhip's opinion? This is merely a civil action.

Court. I do not, on the fudden, recollect any cafe of a civil action where it has been fo determined; but it feems to be the fame thing. This is an action founded upon a fuppofed crime. I own it is very nice, and fhould be glad if you could draw me a line, to get rid of fo minute a nicety; but I take the law to be fo fettled.

Mr. Serjeant Leigh The true line is, where there is an alteration of the fenfe.

nify exactly the fame. If you can draw me any rational line, at which I can stop, contiitently with the rules of law, I would not confent to nonfuit a plaintiff, in a cause of such expence and expectation, upon fuch an immaterial variation as this. It is as immaterial as poffible, for the fenfe is not altered in the leaft. If I'am wrong in it, can you put me in any method to fet it right?

Mr. Serjeant Leigh. Will your lordfhip make a cafe of it?

Court. I cannot make a cafe of it; for then there must be a verdict for the plaintiff, which my brother Glynn will never confent to.

Mr. Serjeant Leigh. After being nonfuted, we might move, perhaps, to set afide the not-fuit?

Court. Yes, you may; formerly you could not, being fupposed to be out of court; but it has been allowed in feveral modern cafes. You have therefore my

full confent to move to let aide the non-
fuit, and for a new trial, upon the ground
of my being mistaken in point of law.
The Trial of William and John Spiggot,
William Morris, William Thomas, Da-
vid Morgan, William Walter Evan,
Charles David Morgan, William
Charles, and David Llewellin, for the
Murder of William Powell, Esq; of
Glanareth, in the Parish of Llangad-
dock, in the County of Carmarthen.

Court. I am afraid that will not do. That would let in a hundred altercations,⚫ whether the fente is or is not altered, and leave too much in the difcretion of the judge: tenor and purport would then fig.

ΤΗ

HE prifoners were indicted with William Williams not yet taken: Williams was indicted for the Murder of Powell, and the prifoners for Aiding and Abetting h.m. Williams was a mercer at Landovery, William Spiggot was a barber, and kept a public houfe in the fame town, John Spiggot was fervant to one How, Willi m Morris was a fadler at Landovery, William Thomas a glover, David Morgan was an itinerant tinker, what William Walter Evan was, does not appear, nor Charles David Morgan, except that he kept a houfe not far from Landovery, William Charles was a boy, the fon of Charles David Morgan, and David Llewellin kept a farm.

The fubftance of the evidence given against these perfons was as follows:

Walter Evan was apprentice to David Morgan, the tinker, and ufed to travel the country with him; he was about twenty years of age, and was an accomplice

in

in the murder, but admitted an evidence for the crown.

The teftimony of this witness was in fubftance as follows: "About a fortnight before Mr. Powell was killed, which happened on the 6th of January, he was carried in the dusk of the evening, by John Williams, and his matter David Morgan the tinker, to the New Bear at Landovery; in a room above-tairs he met with most, if not all the prifon.rs at the bar, and as foon as he entered that room, William Williams took him by the arm, and asked him what fort of a man he was? He replied, he was afraid of no man of his fize in the town. Williams then read a writ, which he faid had been foed out against Mr. Powell, and talked firit of arreiting him upon it; in the mean time Williams plied the prisoners with drink, and at length alked the witnefs, Whether, if Powell should refift the arreft, he could kill him? He replied that he could not. What, fays Williams, could you not kill a man, fuppofing the man was to offer to kill you firtt? To this the witnels antwered that he could: WilJiams then faid, that in his opinion, there was no harm in killing a man. During the converfation it appeared, that WIliam Waiter Evan had been fent by Williams, to see whether Mi. Powell was then at his houle, and he reported that he was not at his house, but at Swanfea. At this meeting, the witnels having got drunk, became fomewhat unruly, and infifted on paying his thare of the reckoning, which Williams would not perm t; foine words paffed between them, and the witnefs intimating that he had it in his power to difcover the converfation concerning Mr. Powell, Williams threatened, that if he uttered a word, he would run him thro' the body. The witnels met Williams, with David Morgan, John Ifaac, and Tom Drayn fundu, (two perions not indicted) at the fame place, on Sunday the 24th of December; at this meeting, no more mention was made of a w it, but Williams talked plainly of the murder; he faid, that the gentleman, meaning Mr. 'Powell, muit be killed; and that whoever fhould do it, fhould want for nothing; and that he would take care that he should not be hurt.

The next meeting was on New Year's 'day, Monday the 1st of January; Wil liams, and most, if not all the prifoners,

were prefent. William Walter Evan re ported, that Mr. Powell was still at Swanfea; Williams then proposed to the witnefs and David Llewellin, that they should go to Swantea and kill him there: this they undertook, and fet off for that purpole, but they reached no farther than Langattock that night, where they got druk, ilept ali the next day, and joli one another. The witness, however, went to Swantea, though Llewellin did not, and on Thuifday the fourth of January he met Williams, his matter the tinker, and Ifaac, again, at their old rendezvous, the New Bear; Williams alked the witnes, Whether he had killed Powell ? and upon his antwering that he had not met Powell in a fituation in which he could kill him, Williams abuted him for not having done what he had undertaken, and faid he was not true in the bulineis; they parted, however, upon better terms, and on Saturday the sixth of January, Wilbams fent the witnefs, his matter the tinker, and John Ifaac, to Captain Bowen, at Kill-y-Cwm, giving as a reafon, that the inhabitants of Landovery might take notice of fo many people being about the town.

When they came to Captain Bowen, they told him that they were fent thither by Williams, who defired they might stay there that night and the next night, and knowing that the noble captain might be trufted, the witness told him plainly that they were to knl Mr. Powell; upon this he clapped him upon the back, and said, if he would do that he should never want, and that there never should be any profe cution againt him for it. He faid, however, that he could not lodge them, but he gave them an order to a man who kept a publick houfe in the town, to let them have a crown's worth of meat and drink. They went accordingly to the publick houfe, where the Captain foon after joined them, talked with them of the busi ness, and generously spent two thillings. At this hoole they ftaid all night, and the next morning, Sunday, they returned to Landovery. In the evening they met all together at the Bear, and Wm. Walter Evan reported that Mr. Powell was returned from Swanfea. Upon this Williams rubbed his hands together with great gee, and faid, Then we will kill him without farther delay; if we don't kill him now, it will be in vain to talk about

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liams and David Llewellin rushed in first, and the witnefs being next behind, Williams took him by the arm, and placed him as a centinel at the kitchen door, he having a drawn fword in his hand; from this place there was an entry that led to the parlour, through which, by a light coming from the parlour, he could fee. As foon as Williams and Llewellin had gone to the parlour through this entry, the reft followed in a throng, except Charles David Morgan and his ton, whofe faces were not blacked, and they taid without. He immediately heard a perfon, whom he fuppofed to be Mr. Powell, cry out, as in the utmolt terror and diftrefs, but being at the fame time attacked by a man in the kitchen with a shovel, he cried out to any one of the party who should be within hearing, "Fire off," upon which William Walter Evan, who was then in the entry, fired a gun or pitol, which however did no mischief: in lefs than two minutes, he faw William Williams returning through the entry, from the parlour, followed by most of his accomplices in a troop, and immediately going out of the houfe, the witness followed them. Williams and the Tinker declared, that they had ftabbed Powell, and Llewellin, as a tefiimony that he had not been idle, fhewed a bloody knife. Williams faid, that he defied all the doctors, and they returned together to Charles David Morgan's, from whence they fet out; they talked all the way of what they had been doing; and during the converfation Williams quarrelled with fome of them and beat them. In about an hour they got back, when the frocks that Williams and Spiggot had worn, were found to be bloody, as well as Morgan James the pedlai's cravat. Williams gave the tinker, the pedlar, and the witnefs, a guinea a piece, telling them, they fhould have more. He went away firit, refufing to let any of them go with him, and foon after the rest of them difperfed.

it.' He then ordered Charles David Morgan, not the tinker, to take them to his houfe, which flood at a little distance from Landovery, and was about a mile and a half thort of Mr. Powell's. William Walter Evan, John Itaac, David Morgan, Llewellin, and William Thomas, accordingly fet out with Charles David Morgan that night; and William Wilhams, William Morris, William and John Spiggot, and one Morgan James, a pedlar, not indicted, joined them the next morning, the fatal 8th of January. The killing Mr. Powell was here the perpetual topic of converfation, and great part of the day was spent in preparations for the fact. Williams told the witnefs aloud, that he should have a hundred guineas, and he told the reft, that he thould make no diftinction between one and another. The witnets afked him, why he would have Mr. Powell kilied? He answered, he is a bad man, he ftarved his wife and children, he has nobody belonging to him, and it was no harm to kill him; but, fays the witnels, he has a wife alive now, fuppofe the fhould profecute us? upon which Williams drew a piece of gold out of his pocket as big as a crown piece; this piece of gold, fays he, did belong to Powell's wife, and I am fure the will not profecute any body. Some waggoners frocks were then produced as difguiles, and fire-arms, fwords, and tucks, as weapons for the fa&t. Morgan James, the pedlar, at length propofed that they fhould black their faces, and this meature was imme diately adopted, except by Charles David Morgan, and William Charles, his fon. Being all armed, they fet out, except John Spiggot, who joined them at the garden's edge, juft after it was dark, taking with them two waggoner's frocks, and a large buttle of brandy: Nothing happened in the way, except that the witnels being obliged to ftop for a neceffary purpofe, Williams flood over him with a drawn hanger, and twore that he would inftantly run him through if he offered to turn back or leave him. They proceeded, not along the road, but across the fields and wäfte grounds, till they came to Mr. Powell's houfe. Then they flopped; Williams put on one of the frocks, and William Spiggot the other; then they all drank out of the bottle, and going up to the door, Williams knocked. As foon as it was open, WilMay, 1770.

Etizabeth Charles, the daughter of Charles David Morgan, confirmed the account of the prifoners and others having met at her father's houfe, of their going out at dusk and returning in an hour.

Margaret Jones, who had formerly been a fervant to Mr. Powell, but not in that capacity at the time of giving evidence, depofed to the following effect: Qq

She

She was at Mr. Powell's houfe on the 8th of January, and in the evening of that day he was fitting in his parlour, with John Jones, his nephew, William Reece Bowen, and Lewis Sommers: She was standing in the kitchen, near the fire, when fomebody knocking at the door, the fent a little girl about fourteen years old to open it; there were with her four men, John Williams, Mr. Powell's clerk, David William Owen, John Morgan, and Hugh Eynon: As foon as the door was opened, the heard a rushing noise, and immediately faw a perfon enter the kitchen with a fword drawn. John Williams attacked him with a fhovel, upon which the man cried out Fire, and a pistol was immediately difcharged; in about a minute fhe heard a voice fay, "Come away, my "lads," upon which feveral men went haftily out of the houfe. Morgan ran out of the kitchen after them, but foon returned, and then the, who stood still, crying and terrified, went with the men, and the little girl to the parlour door, which the found fhut; fhe knocked, but nobody answering, the endeavoured to get in; he pushed the door back with fome difficulty, and found Mr. Powell upon the ground, gafping in the agonies of death. He lay on his back with both his arms by his fide, and his feet towards the door, and exhibited such a spectacle of horror, as was scarce ever seen; his nofe was almost cut off; his hands were cut acrofs to the bone, his bowels had been torn from his belly in a quantity that would have filled a hat; and the whole body looked as if it had been dip ped in blood.

The perfons who were with Margaret Jones in the kitchen, confirmed her evidence.

William Reece Bowen gave the following account. He was fitting with Mr. Powell, Jones his nephew, and Sommers, a neighbour, in his parlour, on the evening of the 8th of January; the door was a-jar, and there was one candle burning upon the mantle-piece; the witnefs fat with his back to the door, and upon hearing it open, turned round, and faw a perfon in a canvafs frock, with his face blacked. The ruffian feemed to falter in his purpose; he stood still, looking at the company, and attempted to turn back, but one or two others who followed him, pushed him forwards into the room;

Powell then started up, and running into a corner, cried out, O God! O God! The person who first entered, attempted to faften round Mr. Powell's neck, and the witnefs immediately endeavoured to escape; as he was paffing the door, fome body attempted to ftab him in the face; he faw five or fix others in the paffage, one of whom he ftruck, and fell over him; juft at that moment he heard a pistol fired, and in the confufion got out of the house, to which he returned no more that night. William Prytherch, an apothecary or furgeon, gave an account, that he examined the body, and found upon it twelve wounds, feven of which were mortal.

Other witneffes gave the following account of the difcovery of the murderers. On the rumour of Mr. Powell's being murdered, several perfons went the next morning to his houfe, and among others, David Bowen and Will am Pogfon. These men obferving there was fnow on the ground, endeavoured to trace the footsteps that were marked in it; befides the footsteps, there were drops of blood from the garden in Mr. Powell's field, and it was remarked that there were the footsteps of many men from and to Mr. Powell's houfe nearly in the fame track. Poglon very judiciously propofed that the footsteps, thould in the first place, be accurately measured, left they should be obliterated by the fnow's melting, or mixed with thofe of perfons whom curiofity might bring to the place. Among thefe footsteps one was very particular; the dimenfions of the heel, and the forepart were taken feparately; and it was obferved that there were five broad nails on the outward edge of each shoe; there was also another footflep equally remarkable, though very different, it was made by a fhoe too finall for that of a Weith farmer, and was uncommonly neat. Pog fon immediately recollected that Williams had, in the latt fummer affizes, fhewn him a boot of very curious workmanship, which he faid he had brought from London, where they were made by the fame fhoe-maker who made shoes for the king of Denmark when he was in England, and from the fame laft. Of this, however, he faid nothing then, but proceeded to trace the feet and the blood over fields and wafte grounds, where they were un mixed with thofe of other passengers, and came at length to the house of Charles

David Morgan. Here they found his wife, his fon and daughter, a fervant Spinning, and two old women: What happened from this time till the prifoners were apprehended, does not appear; but when they were before the coroner, Pogfon fearched all the prifoners fhoes; upon examining the fhoe of Charles David Morgan, it was found exactly to correfpond with the measure of that which had left the print of five nails, and five nails were found in it; it was alfo upon a cloter examination found to be bloody.

The Rev. Thomas Lewis gave an ac count of the confefsion of David Llewel lin to this effect. The witnefs apprehend ed him, and as the people were guarding him along, they cried out that he had confefled. The witness then defired to hear what he had to fay, and he told him that he was the man who firft entered the parlour where Mr. Povel was fitting; that he was taken by the arm and pushed in; that he immediately feized Mr Pow. ell by the breast with his right hand, holding a clafp knife in his left, but that he gave him no blow; that other perfons ruthing in, he ran out of the parlour, and went out and skulked by the street door; that when they left the houfe, he followed them, and being a little behind them, Williams waited for him, and when he came up, beat him; and others of the party charged him with not doing his duty in the ftation he was in; and that having a fcratch on his hand, he rubbed his knife in the blood, and fhewed it as a juftification, and to prevent his be ing farther ill-treated. Being afked what could induce him to engage in fo horrid an undertaking, he answered that it was for fear of being murdered himself, being under tenant to one that was with him.

A hat and wig were found in Mr. Powell's parlour, which appeared to belong to William Spiggot, and a tuck which belonged to David Morgan.

The blood that was tracked with the footsteps was from a wound which Williams gave either to Llewellin, or Thomas, for having been remifs in the butinefs.

The prifoners pretended that they went to execute a writ, and that the names of Spiggot, Morgan, and Morris were put into the warrant as bailiffs; but the judge obferved, that thofe who engaged to act under lawful authority, never put on wag

goners frocks, and blacked their faces; and that there was not the leaft pretence of refiftance against an arreft which should make violence neceflary, nor indeed the least proof that any caufe of process subfitted.

The judge then proceeded to fum up the evidence to the jury: he firit stated" and explained to them the legal authority under which the prifoners were brought to their trial at Hereford for an offence commatted in Carmarthenshire, and molt earnetly preffed them not to foffer their indignation and abhorrence of the crime with which the prifoners food charged, to prejudice their minds against the prifos ners on the one hand, nor the melancholy circumftance of beholding fo many perfons capitally accufed on the other hand, to raife in their breafts a talfe humanity, which might tend to defeat the law and obftru&t juftice. He with perfect accuracy and precifion, repeated to the jury the whole evidence that had been given, and then informed them, that however tedious it might be, he would point out to them the material and friking circumstance of each man's cafe feparately, and take their verdicts feverally, to prevent any confufion which might arife in the minds of the jury, to the prejudice of any individual prifoner, who might perhaps be improperly affected by the jury's not correctly diftinguishing between the cafes of the feveral pritoners and the different degrees of evidence that had been given against them refpectively.-The jury found William Morris, William Walter Evan, Charles David Morgan, and David Llewellin guilty, and acquitted John Spiggot, William Thomas, and William Charles the boy. Neither the prisoners nor witneffes underfood any English, fo that an interpreter was fworn.

.

Silence being then made, the hon. Mr. justice Yates addrefied himself to William Spiggot as follows:

William Spiggot, you have been tried, and upon evidence that leaves not the fmalleft doubt, have now been found guilty of the most wicked, the most favage, and the moft horiid murder that ever ftained the hands of man. —A cool, deliberate, concerted affaffination! -without a quarrel to provoke, without a paffion to incite, without a motive to tempt you, but the blacket that ever difgraced human nature a willingness to earn the

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