R v George Cunningham, George Brown and Edward Summers
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1859 |
| Date | 01 January 1859 |
| Court | High Court |
English Reports Citation: 169 E.R. 1171
IN THE COURT OF QUEEN'S BENCH AND THE COURTS OF ERROR
S. C. 28 L. J. M. C. 66; 32 L. T. O S 287, 23 J. P. 55; 5 Jur. N. S. 202; 7 W. R. 179; 8 Cox C. C. 104 Referred to, "The Ida," 1860, Lush 6; Whitstable Free Fishers v. Gunn, 1861, 11 C. B. N. S. 387; R. v. Keyn, 1876, 2 Ex D 63; Direct United States Cable Co v. Anglo-American Telegraph Co, 1877, 2 A. C 394; "The Mecca," 1894, 71 L. T. 711.
[72] 1859. regina v. george cunningham, george brown and edward summers. (Three prisoners were indicted for feloniously cutting and wounding E. R. with intent to do him grievous bodily harm The jury found two of them guilty of the felony charged, and the third guilty of the misdemeanor of unlawfully wounding. The venue of the indictment was Glamorganshire, and it appeared that the offence was committed on board an American ship in the Penarth Roads in the Bristol Channel, three-quarters of a mile from the coast of Glamorganshire, at a spot never left dry by the tide, but within a quarter of a mile from the laud which is left dry by the tide. The place in question was between Glamorganshire and the Flat Holins, an island treated as part of the county of Glamorgan, the ship being at the time two miles from the island on the inside It was about ten miles from the opposite shore of Somersetshire, and ninety miles from the roads to the mouth of the Channel Held, that the part of the sea where the vessel was at the time when the offence was committed was within the body of the county of Glamorgan Seutble, that under section 5 of 14 15 Viet c 19, it was competent for the jury to find two of the prisoners guilty of the felony charged, and the third guilty of unlawful wounding.) 1172' REGINA V. CUNNINGHAM, BROWN AND SUMMERS bell 78. [S. C. 28 L. J. M. C. 66; 32 L. T. 0 S 287 , 23 J. P. 55; 5 Jur. N. S. 202 ; 7 W. R. 179-; 8 Cox C. C. 104 Referred to, " T~he Ida," 1860, Lush 6 ; Whitstable Free Fisfarsv. Gunn, 1861, 11 C. B. N. S. 387; R. v. Keyn, 1876, 2 Ex D 63 ; Direct United States Cable Co v. Anglo-American Telegraph Co , 1877, 2 A. C 394 ; W %he ^eccs," 1894, 71 L. T. 711 ] Te fallowing case was reserved at the Summer Assizes for the county of Glamorgan by Grompton J. TJe prisoners, who were stated by the prosecutor's counsel in his opening to be American subjects, though no proof was given of that fact, were indicted before nue ai the last Summer Assizes, 1858, for the county of Glamorgan, for feloniously wounding Edward Riley, in the county of Glamorgan, with intent to do him some grievous bodily harm. Cunningham and Summers were convicted of the felonious wounding, and Brown of the misdemeanor of maliciously and unlawfully wounding The prisoners were the three mates of the American ship " Gleaner," and Riley was a seaman on board the said ship The " Gleaner " sailed from the docks of Cardiff on 29th of May last, and proceeded to an anchorage ground in Peuarth Roads, where she anchored in eleven fathoms Tie offence in question took place shortly before she arrived at the above anchorage ground, and when the ship was three-quarters of a mile from land in a place never left dry by the tide , but she was within [73] a quarter of a mile of the land which is left dry by the tide. The shore of the county of Glamorgan . extends many miles up and down the Bristol Channel from the place where the offence was committed The spot in question was in the Bristol Channel between the Glamorganshire and Somersetshire coasts, and was about ten miles or more from the opposite shore of Somersetshire. Penarth Roads are ordinary roadsteads for ships coming into Cardiff or calling there for orders, and large vessefe anchor there. Two islands called the Flat and Steep Holms are outside the anchorage ground, and farther from the shore than it is, but not lower down the Channel, being abreast oi the anchorage grounds It is about ninety miles from Penarth Roads to the nioutl of the Channel. WTien the offence was committed, the ship was inside and aboutj two miles from the Flat Holms and four or five miles from the Steep Holms, and was within Lavernock Point in Penarth Roads, but outside Penarth Head Penarth Head and Lavernock Point form a bay. It is three miles from Lavernock Point. At Penarth Head persons can see from one to the other, and could see what a vessel was doing from one to the other, but could not see the people from one to the olher. From where the ship was persons could see people at Lavernock, and see what they weie doing if they took particular notice of them, and they could see the coast of Somersetshire on a clear day Flat Holms, Cardiff, Lavernock and Penarth are laid down properly in a map shewn to one of the witnesses, a pilot, from a map oi counties ; but Steep Holms is laid down too far to the west there. The mouth of the Severn was proved to be at King's Road higher up the Channel, and that is to be taken as the finding of the jury. A person who had been clerk to the borough ma-[74]-gistrates of Cardiff for five years stated m his evidence that he knew the Holms , that they are part of the parish oi St Mary's, Cardiff, that he had issued a warrant for poor rates there; that he never executed any such warrant, they were given to the overseers. And a collector oi the income tax of the said parish stated that he knew the Flat Holms, and that he had collected taxes from the occupiers of the Flat Holms for St Mary's parish The Gazetjte of Tuesday, 4th January, 1848, was put in, containing an order of the Lords Commissioners of her Majesty's Treasury, whereby the limits of the port of Cardiff were to...
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