23 SEPTEMBER 1843, Page 11

A gross instance of Magisterial blundering has come to light

in South Wales. About a month ago, the Pen-y-garn turnpike-gate, be- tween Carmarthen and Llandilo, was broken down for the second time ; and William Davis, a farmer, was apprehended on suspicion of being concerned in that outrage. It was proved before the Magistrates, that Davis had told the toll-keeper, in a rough boastful mannemtktlt he was " Becea," that be struck the gate-keeper, but that next dajjaAniade the dispute. On this evidence, the Magistrates committed Davis, and refused to take bail to any amount. Afterwards an application was made to the Court of Queen's Bench for a rule to show cause why bail should not be taken : and the affidavits set forth, that at the time of the quarrel, Davis was so drunk that he could not stand; and that next day he was very sorry for what he had done, obtained a meeting with the gate-keeper, and paid him 10s. to settle the dispute. The Judges granted a rule.

" Did the Carmarthensbire Justices," says the Times reporter, "who were satisfied that there was sufficient evidence against the prisoner to commit him,' show cause against the rule and defend the justice and legality of their de- cision? No; but they wrote to Mr. Manic, the Solicitor to the Treasury, who was then at Swansea, and enclosed Lim a copy of the depositions against the prisoner, and asked for his advice what they should do. That gentleman sent them back the comfortable answer, that there was no evidence against the prisoner to warrant their committing him at all. Astounded that the Judges of Westminster Hall and the Treasury Solicitor should differ from them as to the propriety of their decision, they thought it best to quietly eat their leek '; and they sent word two day s afterwards to the prisoner's attorney, that they would not put him to the trouble of moving to make the rule absolute, bat would accept bail for the prisoner's appearance to answer the charge against him, himself in 2001. with two sureties of 1001. each. This, after positively refusing bail to any amount

" But how stands the case regarding their unfortunate prisoner? Ile, a farmer, from their illegal decision was confined in a common gaol among felons for fourteen days ; when, according to Mr. Manic, he ought never to have been committed."

The Times is informed by a correspondent, " that a Special Commis- sion is about to issue fur the trial of the prisoners concerned in the re- cent disturbances in South Wales. The presiding Judges have not yet been named, but the most active exertions are in progress on the part of Government to get together evidence against the prisoners already committed."