SATURDAY 26TH AUGUST 1876
ALLEGED POISONING OF A STREAM IN MONMOUTHSHIRE. James Morgan was on Wednesday, charged, at the Pontypool police court, before Colonel Byrde and C.J. Parkes, Esq., that he did, on the 5th day of August instant, in the parish of Mamhilad, in the county of Monmouth, unlawfully and maliciously put a certain noxious material, to wit. chloride of lime in certain water called the Berthon brook, there situate, the private property of John Morgan, with intent to destroy the fish that might then be therein. Mr C. R. Lyne appeared for the prosecution, on behalf of the Usk and Ebbw Board of Conservators, under section 32 of the 97th chapter of the 24th and 25th Victoria; and Mr Greenway appeared for defendant.
Martha Evans, wife of Cornelius Evans, deposed: My husband keeps the Half Way House Inn, at Little Mill, Last Saturday fortnight, the 5th of August, I was in Pontypool, and returned home in a waggon belonging to the Reformatory. We got home about half past 5 or 6 o’clock. When at Trosnant-street, leaving Pontypool, prisoner asked Mr Arnold to give him a lift. Mr Arnold did so, and prisoner got into the waggon. We both remained in the waggon, which went as far as Little Mill. I noticed that prisoner had a parcel under his arm, concealed by his coat. The parcel was about the size of the top of a hat. I could not say whether it was packed in paper or not. We both got down opposite the Mill at Little Mill. I went into my own house, and prisoner came in with me. He had a pint of beer, drank it, and then went towards the bridge, by Mr Morgan’s buildings. He said he was going to the Glascoed, and that was one of the ways to Glascoed. Prisoner still had the parcel under his arm. I saw him again in about an hour and a half’s time, on the turnpike road, against the wall, near my house. He was then quite wet, and had nothing under his arm. His arms seemed wet, and his legs seemed wet. One of my little boys came in and asked me to take a noggin of gin out to prisoner. I did so. I asked what had become of the little parcel he had under his arm. He said he had taken it home, and that it was no business of mine to ask him. He asked me to pour the gin into a glass, and lift it to his mouth, and I did so. His arms seemed wet and cold, like those of a woman who had been washing all day. He paid me for the gin, He took the money out of a purse, which he took out of an inside pocket in the breast of his coat. When he took the purse out, I noticed smoke coming from his pocket. He was nut smoking tobacco at the time. When he first came into my house, after getting out of the waggon, Lucy George was in the house.
In cross-examination witness said that she noticed the parcel under prisoner’s arm when he got out of the waggon; he got out of the waggon without removing the parcel, and kept it under his arm till she lost sight of him by Mr Morgan’s buildings. He did not, in her hearing, say he was going to Morris’s at Monkswood, In going to Glascoed he would have to cross the brook, by a path which many people use. In about an hour and a half, I saw him again He then appeared sober, but was wet. I did not examine whether his body was wet. He seemed too wet and too cold to lift the glass to his mouth, when he asked me to lift it to his mouth. He paid for it as soon as he had drank. He was not too wet and too cold to get the purse out of his pocket. I do not know whether he is a great smoker. To the best of my knowledge, I never saw him before that day. I don’t know whether he smokes, and did not see any pipe in his possession. I did not notice whether his pockets were full or empty. They appeared to be more full than empty. I am referring to the pocket out of which he took his purse. The first person I told about the smoke was Mr Lyne, last Thursday.
Lucy George deposed; I live at Monkswood, and am wife of Robert George. On last Saturday fortnight, I was in the Halfway House, calling there for some grocery. Prisoner came in as I was going out. I did not notice anything about him, nor smell anything about him. I have not told anyone that I did so. (Mr Lyne said he must treat this woman as a hostile witness, and could prove that what she was now saying was false. After some argument on this legal point, the examination was resumed.) I did not smell chloride of lime about the man, nor tell Mrs Evans that I did so. I was at Mrs Evans’s on the following Monday, washing. Mrs Evans then talked about this man, I did not tell her that I smelt chloride of lime about him in the house. Mrs Pardoe is a neighbour of mine, and we went home together that Saturday. I did not tell Mrs Pardoe that I smelt chloride of lime about the man, or that he had gone to burn the brook.
To the Bench: I had seen chloride of lime once.
To Mr Greenway: I have known prisoner some years. I lived near him. and never heard anything about his poisoning fish.
Henry Morgan deposed: I am a platelayer on the railway; and live at Little Mill. My house adjoins Mr Morgan’s field and my garden adjoins the Berthon brook I remember iast Saturday fortnight. I was in my garden that evening. 1 smelt a smell. I thought: it was chloride of lime I have seen that drug used where sick people have been, and have seen it about the railway in casks, used in the cattle-pens. It was about 7 o’clock, nearly, when I smelt this smell. I went and looked at the water in the Berthon brook, and saw a fish on the face of the water, floating nearly dead. I put my hat on, and went up Mr Morgan’s meadow, I saw a man, as I went up, about 20 yards off me in the meadow. There was no path where I saw him, on either side of the brook. His back was towards me. I went on further, and came close to him. Before I got to him, he was in the brook. I went close up to him; and found that the prisoner was the man. He was not actually in the water, but by the side. He had a fish in his hand. I noticed a parcel by him. The parcel was on the gravel, in the bed of the brook, leaning against the bank. I also saw an old stocking. There was something in the stocking, but I could not tell what. The parcel produced is similar to the one which I saw. I spoke to prisoner, and said “Hallo, Morgan, you are warming it up rather hard, aint you?” He said” No, 1 don’t think I am; there is plenty of fish for you and me.” I said to him. The sooner the better you get away.” He said, “There are two or three men from Abercarne down below; I wish you would go and tell them. The fish which he had in his hand dropped out, and fell on the gravel. I picked it up, and gave it to Mr Alfred Morgan. I went a little way in the direction he pointed, and they turned back, without seeing any men, and thinking he only wanted to send me away. While I was talking to prisoner, I saw 7 or 8 fish on the face of the water, coming towards the shallows, not swimming as fish usually do. When I got back to the road, adjoining Mr Morgan’s field, I looked over the hedge, and did not see the prisoner there then. When I was talking to prisoner, it was half-an-hour after I smelt the smell. I pointed out to Mr Alfred Morgan the spot where I saw the prisoner. I went to the place afterwards, with Mr Alfred Morgan, and took a sample of the water which I gave to Mr Alfred Morgan, I took it from that part of the brook where I had seen prisoner. I took the sample of water in a bottle. Next day, Sunday, I went again to the brook, and saw 8 or 9 fish dead on their backs. I pulled out four on the Sunday following that Sunday, last Sunday week, I was in the field on the opposite side of the brook where I had seen the fish. I there discovered the paper bag now produced, containing chloride of lime, it was under some fern, close to the brook, I also found the piece of cloth now produced, about two feet from the paper bag. The chloride of lime was moist on the top, and dry underneath. I should think there is about 4 lbs weight in the bag. I saw the same kind of sack-cloth on the parcel which I saw near the prisoner.
In cross-examination, witness said he himself had never used chloride of lime; he had lived at Little Mill since Christmas. There is no path that way to Glascoed. There is a path higher up. He told me other men from Abercarne were down below. I only saw the one fish in his possession. He left the place immediately after I saw him.
To Mr Parkes: I had known prisoner ever since I was a child.
To Mr Lyne: The path leading to Glascoed is about half a quarter of a mile above the place where I saw prisoner,
Edward B. Ford, druggist at Pontypool, deposed: I remember Saturday, the 5th inst. That afternoon I saw prisoner in my shop, I believe between 4 and 5 o’clock. He bought 7 lbs of chloride of lime. He had repeatedly bought chloride of lime of me before, and has bought 3 lbs since. On a former occasion he told me it was for closets.
In cross-examination, witness said this was used for closets every day.
He added that he could not identify the paper bag produced.
William Barnett, a lad, deposed: I work on the railway and live at Little Mill. On Saturday, the 5th of August, I saw the prisoner, in the evening, about half past seven. He was coming from Mr James’s field, from the direction of the bridge leading to Glascoed. I saw him come over the bridge. I was on the Halfway House side. He came straight up towards the Halfway House and stood by the wall outside. His legs and his arms were wet. He wore a black monkey-jacket; and I saw more than one fish in the outer pockets of it. His pocket seemed full up; and the head of one fish was out of his pocket. He told a boy to go and fetch him a noggin of gin. The gin was brought out by Mrs Evans. Prisoner asked Mrs Evans to pour it out and put up to his mouth. He was shivering with cold. Mrs Evans asked him where he had been, getting so wet. He said “It is no odds to you.” She also asked him where was the parcel he had had. He said, “It is no difference to you; I have been home with it.” A boy named David Williams was present.
In cross-examination, witness said he quietly told David Williams about the fish at the time. Witness came up the road about 100 yards with prisoner, and prisoner went on towards Pontypool.
David Williams, another lad, deposed: I am nephew of Mr David Williams, Monachty farm, and live with him. On Saturday, August 5th, I was at Little Mill, and saw prisoner there, near the mill, about half past seven in the evening. His trousers and shoes were wet; I saw some fish in his pocket; I saw Mrs Evans bring out something, and give it to him to drink; but was not near enough to hear what was said.
Alfred Walker Morgan, deposed: I am son of Mr John Morgan, of Little Mill. My father owns a portion of the Berthon brook, near his house. On Saturday, August 5th, I was at Little Mill; I saw prisoner that evening, on the road, about 100 yards from my father’s house, about half past 7; I could not swear to him, as I did not see his face. I went up the road after the man I saw; and in consequence of something, I went down to the Berthon brook; I first went to that part near our house, found it very muddy, and some fish in the shallows, swimming about in a very peculiar manner; I then went lower down the drook. Henry Morgan has pointed out to me the place where the alleged offence took place; I went there, and also rather lower; I smelt chloride of lime in the water. That part of the brook is on my father’s property; there is no road or public footpath there, on either side of the brook, nor within a short distance of it; but there is a path over the bridge in a different field, some 250 yards away. It was about 20 yards below the place where the alleged offence took place that I smelt the chloride; I saw one fish there, in a state similar to the others. That same evening Henry Morgan gave me a fish and some water in a bottle. The gills of the fish had a very white cast, quite different to the natural colour; and the fish was quite limp. I gave the bottle of water and the fish to Superintendent M’ Intosh. On the following day (Sunday) I went again to the place, about 7.30 in the morning, and saw several dead fish there; and I picked up 23; they were in a state similar to the one which Henry Morgan gave me. I took four of these to Actison, the superintendent of the water bailiffs.
William Acteson, superintendent of water bailiffs, deposed: I have been a fisherman all my life. On Sunday, August 6th, I saw Mr Alfred Morgan, who gave me four trout; their gills were quite white; I smelt them, and smelt chloride of lime; they were quite soft. I can tell fish killed by chloride lime from fish killed by common lime. I have no doubt that these fish were killed by chloride of lime.
In cross-examination, witness said that Mr Alfred Morgan did not tell him that the fish were killed by chloride of lime. Mr Alfred Morgan asked him what the fish had been killed with, and witness replied “With chloride of lime.” When killed with common lime, the eyes of fish would turn quite white.’ Superintendent M’ lntosh deposed: I remember the 5th of August; Mr Alfred Morgan called on me about 20 minutes past 9 that evening. He handed to me a small trout and a bottle of fluid, said to be water. I took out the cork and smelled it. (Mr Greenway raised an objection.) It smelt strongly of chloride of lime. I have had considerable experience of chloride of lime. I retained the bottle, but accidentally the water was lost. Prisoner lives in Crumlin-street, Pontypool, over three miles from Little Mill.
Mr Lyne said he had Mrs Evans to contradict the evidence of Lucy George. The prisoner was committed for trial at the quarter sessions; and Mr Greenway reserved his defence. Prisoner was admitted bail, himself in £50, and two sureties in £25 each.