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Pontypool Free Press 1864

So far I have only transcribed the first quarter.

This includes a couple of Births, Marriages and Deaths and also an article where Jesse Davies, Glascoed born and bred, got himself into an ultimately fruitless dispute over some pigs he had bought from a pig trader at Usk Market. The other village inhabitant was William Williams (described as a “country butcher”).


BREACH OF WARRANTY OF PIGS Jesse Davies v. Wm. Jones. – Plaintiff, who resides at Glascoed, claimed £7 for breach of warranty of pigs. Mr Greenway appeared for defendant. Plaintiff was not professionally represented. The latter said – I bought six pigs of defendant in Pontypool market on the 21st of Nov. last. There was no written agreement. The first conversation was when I saw the pigs, and I then said I did not altogether like them. Defendant replied – “I’ll warrant them, they are all right, if you like to buy them.” I then bid money for them, but we did not agree. In about an hour or two afterwards, defendant agreed to sell them to me for £21. I drove them home towards the Glascoed, which is situate about 3 miles from this town, and gave them some victuals. On the following morning (Sunday,) when I gave them food, two of them would not look at the trough, nor smell the victuals, and they would not look at the trough, nor smell the victuals, and they would not eat anything as long as they lived. One of them died in a week, and the other in a fortnight. One of them was opened by Mr. Williams, a country butcher, and neighbour of mine. I was present, and got hold of its liver, which was like a clot of blood, quite rotten . . By Mr Greenway: There were very few people present when we made the bargain. There was “Curley” there for one. George Farr was there some part of the time, and Jefferies was there also. They heard the bargain between us . . By the Judge: They heard the warranty made. . . By Mr Greenway: I paid £20 10s. to Thos. Jefferies on the following Saturday,--Thos. Jefferies who heard the bargain. At the time I paid the money I did not say anything about the pigs being bad, and did not say they were all right. . The Judge: It was very odd you did not say anything to him about their being bad. . . Plaintiff: But I told Wm. Jones (defendant) the same day that two of the pigs were very bad. I told him in the market, in the morning part of the day, that there was something the matter with the pigs. . By Mr Greenway: I don’t remember seeing Mr Farr that day. Had no conversation with Farr on the following Saturday. He did not ask me how the pigs got on. I did not say they got on very well. Jefferies was not with Jones when I saw him. I believe he was in the market. I paid the balance, 10s., after the pigs were dead. . . By the Judge: I paid him because he said that stoppages were no payment, and he would put me in the court for it. I told Jefferies about the pigs when I paid him the 10s. . . By Mr. Greenway: I said nothing about half-a-crown for luck. I asked Thos. Jefferies what he was going to allow for the pigs that were dead. I know there had been a disease amongst pigs for some time. Some of them died soon, and some of them lingered for weeks and months. Could not tell any symptoms of the disease. . . . . Cornelius Driscoll, alias “Curley,” said- I heard the defendant warrant the pigs to plaintiff. The latter said he did not like them, then the former replied that he would warrant them right and sound, if he would buy them. Did not see them after.

  By Mr. Greenway: Did not know Jefferies and Farr were there.

William Williams deposed that he opened the first pig that died, which he had seen the night before it did die. Its liver was rotten. Had not seen any quite so bad before.

  By the Judge: Could not tell what was the cause of it. Could not say how long it would take for a pig to arrive at that state from a state of health.

Elizabeth Vaughan was called, but her evidence had merely reference to her having bought one of the living pigs off plaintiff which was sick and had recovered.

  George Farr deposed to having brought the pigs from Abersychan to Pontypool by the train, on the morning in question, for defendant, and that they were all healthy and good feeders.

  By Mr Greenway: My father wanted to buy the same pigs. Heard the bargain between plaintiff and defendant. Was present on both occasions – when the plaintiff first asked the price, and when he bought them. Heard nothing about a warranty.

  By the Judge: I heard defendant ask plaintiff, and did not hear him object to anything about them.

  Thomas Jefferies said - I was in Pontypool market on Saturday 21st November. Heard the bargain made for the pigs; there was no warranty given. If ever there were pigs in the world I believed to be sound, these were.

  By the Judge: I was present when plaintiff asked the price, and when he bought them. There was nothing said about them being sound and right.

  By Mr Greenway: On the following Saturday, plaintiff paid me £20 10s. on account of the pigs. I had a share in them then, but haven’t now. When he gave me the money he said that the pigs were doing very well, and that he would get the remainder of the money on the Sowhill. I told him I couldn’t wait as I wanted to go by the four o’clock train, and would take it next week. I saw defendant on the following week, and he said “You must allow me 5s. or half a crown as the pigs had turned out unlucky.” I told him it was no business of mine whether the pigs had turned out unlucky or not.

  By Plaintiff: I can’t tell whether you asked where Mr Jones was or not. Heard nothing said about the warranty.

  The Judge to plaintiff: You yourself say that this man was present and must have heard the warranty.

  Plaintiff: There was no one present but me and Wm. Jones.

  The Judge: How can you say that, when you have already said that George Farr and Jefferies were present, and must have heard the warranty.

  William Farr: I remember seeing the pigs in question and bid money for them. I thought them to be sound. I don’t know that I was present when they were sold. On the following Saturday, I asked plaintiff how the pigs got on that he bought from defendant, when he said they were doing very well.

  By Plaintiff: Don’t remember the first question you asked me.

  Plaintiff: Did you not ask me if I had put Wm. Jones in court, and that you would bet £50 he’d floor me?

  Witness: That was the other day.

  Wm Jones, pig dealer: I am the defendant in this action. I sold plaintiff six pigs for £21. There was nothing said about a warranty nor about the pigs being right and sound. I was not in the market on the following Saturday. I was here on the Saturday fortnight, when plaintiff said “I will not pay you the half sovereign unless you will give me a crown for luck.” I said that’s only child’s play. He never complained to me about the pigs until he got the summons.

  By Plaintiff: You said in a fortnight two of the pigs did not do so very well, and other people that they did.

  Plaintiff: How could I tell people that the pigs were doing well when one of them died in a week?

  In disposing of the case, the Judge remarked that he could not see how he could find plaintiff a judgement; before he could do so he must first satisfy him that there had been a warranty, and supposing there had been one, that did not tell him that there had been a breach of it because two of the pigs had died in a fortnight. Plaintiff said that he did not like the look of the pigs, and that defendant had said he would warrant them, in which he was confirmed by the testimony of Driscoll. He also said that three other persons were present at the time, and they must have heard the warranty given, which they denied. Jefferies and George Farr appeared to have no interest in the matter, and if the evidence rested here he would have some difficulty in the case, but it did not, for the conduct of the plaintiff appeared to have been most inconsistent in paying the whole of the purchase money, when the pig was just at the point of death. Having a warranty he would be entitled to keep the money until he had seen how the pigs turned out, and if defendant had sued him for the amount he would have pleaded that he was entitled to have a sound animal, and, therefore, would object to pay. It seemed to him (the Judge) that any person of common sense would have come to that conclusion, and his inference, from plaintiff’s paying the £20, was that no warranty had been give, or that the pigs had shown no sign of sickness. Then there was nothing to satisfy him that the seeds of disease were in the pigs at the time of purchase. Plaintiff had said something about the liver being bad, but there was nothing in that as it might have taken a week to produce the disease, or the pig might have only been taken ill a few minutes before it died.- Plaintiff was non-suited. Attorney allowed.



Feb. 15, at the Welsh Baptist Chapel, by the Rev. D. Roberts, Mr James Jones, collier, Garndiffaith, to Miss Martha Williams of Glascoed.



Feb 25, aged 68. at his residence, The Hill, Glascoed, John Morgan, Esq., after a long and painful illness, borne with patience and resignation, and deeply lamented by a numerous circle of friends and relatives. He was a kind husband and affectionate father.