The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1864-02-16 00:00:00

Somtrsttshirt.

CREWKERNE.—ALLIMItio CARE Or GAMIC
SinaLISCL—At the Crewkerne police court on
Thursday. before H. W. Hoskins, and W. S. Co., ,
E.ps., Felix Curtis, • licensed dealer in game,
'renting in Middle-street, Yeovil, was summoned
by John Lacey. gamekeeper to J. lambert, Esq.,
Ntosterton Diem, for stealing, on tho let of
February, nine pheasant. from • mop at Masterton
D.iwn,the above named gentleman's residence. Mr.
J„liiga appeared for the defendant. It appeared
that the birds had been lost, and the keeper bad
come to Yeovil, and discovered a quantity of
pheasants at defendant's shop. He identified them
m his master's property. Mr. Curtis informed the
parties that he had purchased them, but did not say
of whom, and was consequently summoned as being
the actual thief. The following evidence wax then
given : —John Lacey said: I have been rearing
pheasants for my master. There were 9 bens and 2
cock pheasants, which [have been feeding since last
Whitsuntide, and were kept in a coop in the yard
&bout 70 yards from my house. The birds were
tame. The yard was enclosed. The birds were
kept for Laving, and to set on eggs. The birds
oecanonally despoil from the coop,andl would fly about
2190 r 40 Yards, but I would catch them again. I saw
them on the last occasion about four o'clock on the
it of February. They were then in the yard. and
I fed them. They were then in two coops, and birds
in each coop, which were covered with netting. On
the following day I went into the yard, and found
the netting broken and the birds gone. The netting
was made of twine, and was broken about • foot in
width, and was hanging in at the end of the coop.
I went to Yeovil on Wednesday, the 3rd inst., with
Sergeant Sperring. I went to the game-shop kept
by the defendant, and saw nine pheasants hanging
in the window. They were exposed for sale. I could
see them from the street. I looked at them, and
found they were my birds. Defendant was present
at the time, and said that he had not bought a bird
since the previous Saturday.—Cross-examined by
Mr. Jolla. : I do not know who was present in the
slop besides the sergeant of police. The serjeant
was in uniform. Do not know that Superintendent
Smith was there. Ido not know whether Serges-A
Keates was there. Would not swear that there
more than one constable present
was another constable besides Serger,„ ste= '1!
f:
present. e sergeant saked defer
Th
had obtained the birds. Did noi„ beim. 8.7_77,17
dent Smith ask defendant t. 7,4%
Super-
intendent Smith was thee-
..., .1 sans part of the time.
(Wiwi= oher°_, wire% teareerliat puzzled, and
Sergeant ePe"'ea ..ebetiered, which Mr. Jolliffe
would not alio.- When Mr. Curtis was asked
where he the birds, I did not bear Superin-
tendent B'..ettli my, "You bad better tell where you
obtair...B the birds." Before defendant was asked
th`.. question as to where he obtained the birds,
demerit Sperring told him that they had been
;adieu. (At this stage Mr. Jolliffe asked the
tenth that all witnesses on either side might leave
'the Caere, which was allowed.) Examination con-
tinued by the Bench : When I saw the birds
'Servant Sperring said, " Do you know that they
•nre stolen birds?" Defendant replied, " I bought
two brace of those birds ; I did not know you
meant those." Sergeant Sparring then left for
about ten minutes. He went out of the front door.
—Cross-examined by Mr. Jolliffe : I do not know
that a search was made in the back premises. I
believe tile a:instables went out to the back door.
—Examination continued: When Sergeant Sperring
volumed, he and another policeman went into the
hack room. They then came into the shop,and defen-
dant said he could produce a witness as to where he
led them. Craw-examined by Mr.
Joni : I do not know that I heard either of the
constables say, "You had better tell where you
obtained the birds, sad it will be all right." Super.
intendent Smith did not ask me bow I could
recognize the birds. Perhaps one of the other
constables did. [said I had been feeding them on
blue peas. Beamination continued : I said to
Sergeant Spelling I have no doubt whatever about
the birds, and said I shorild take theta with me.
: Defendant did not say that if I
WWl'we I. the two brace of birds he would indict me
for perjury.—Examination continued : The birds
weee taken away.—Mr. Jolliffe said that a party of
policemen went to the lionse.and searched it without
• warrant, or without • previous cannon being given.
They were not justified in doing in. Some
were in dievise, and therefore the evidence of
witness wee totally admissible, and the offence was.
net statntaible with regard to larceny. The
manner in which the hones was searched, and no
previous warning laving been given, was an illegal
proceeding,
and he therefore did not think the
would be justified in biking the evidence
ander such oireumstanoes. Examination continued:

All the birds were hanging around the shop before
trt Spurring brought them to me. Defendant
irl did not know you meant all those bird.; I
boughtld two braes of them not • half-an-hour ago. I
can get • witting to prove non he is coming here
for the bag." I then took them to the police-
station. I can swear to the birdaas I am constantly
in the habit of feeding them. (At this juncture
the pimiento were produced, which witness ex-
&mimed, and it was proved that all the birds had been
pinioesd in the riOn wing. One of them had loot
its tan, which witnem had found is one of the
mops, and which he identified as belonging to the
bird.) Examination continued: The birda were
killed by twisting their nooks. None of them were
shot. (Defendant bore asked Mr. Randall, of
Coker, W examine the birds, as to their being
pinioned, but that gentleman declined to interfere
I. the matter. They were then minutely examined
by the Itenolt,who failed to dimmer the Wt. They
were spin handed to the witness who said they
might have been pinioned some months ago, and
Harald icarosly now be dimovered. Cross-examined
by Mr. JoUiffe : Three of the birds had broken
legs. I will swear they were not broken by being
might in • gin. They were caught at night, and
must have been trodden upon. I will not swear
that it would be perceptible to • buyer at first eight
that the birds had been pinioned. (Witness, who
was very reluctant at answering Mr. Jolliffs's
qamtions,and who frequently gave insolent answera
was informed by Mr. Jolliffe that if he continued to
do so he should apply to the Bench to commit him.)
Croes-examination continued :—I have never been
to defendant's house before, or sold him any birds.
k cannot read, and therefore did not observe over
Ur. Curtio's door that he was • licensed dealer in
wane. I heard so in the town. I will not swear
that Mr. Curtis took away, or was instrumental in
carrying away, the pheasants from the coop. I
should not think that he stole them. They were
not °amended in defendant's shop, but were exposed
openly for sale. As soon as I saw them hanging in
the *hop, and before I went in. I swore the birds
belonged to my master. After I had examined
them, I was positive on the point. A person could
not tell they were pinioned bird. until be handled
them, nor could it be done unless the wing wee
minutely examined. I could, by merely looking at
the pheasants at • distance, distinguish them as
belonging to my master They are differently
marked from other birda. A wild bird of the
kind would be different in its tail to a tante ma
as in the latter ease the tail, get damaged by
running round the coop. By that fact I will also
swear dm birds me mine. I was not aware that Mr.
Curtis kept a hair-dreamer's shop. He came out of
the passage, and not from the shop when I called.
On the night on which I missed the phenolate I
went to club. I and my wife live together. On
the night in question my son was also
there. He dose not always reside with
me. I did not hear any peculiar
noise of any kind that night. I returned home at
eight o'clock the next morning, when I missed
them. Some dinmanion here ensued between the
Booth and Mr. Jolliffe as to the latter question,
Mr. Jolliffe considering it was not right for the
Bench to interfere in • crate-examination. The
Bench, however, assorted their right to do so. Mr.
Jai& said that pinekeepers often endeavoured to
make out an offence where no offence had been own-
mined. Mr. Curtis had been summoned, charged
with stealing the nine birds, but witness bad stated
in evidence that he did not believe defendant had
stolen them The magistrates' clerk said that it
was the legal way of summoning in web moss.—
Croes-examination continued: The hole in the net
was 'efficiently large for the birds to escape. (De-
fondant here wished to leave the room for • few
minutes, but the superintendent objected, as he was
there in custody on the charge of felony. This Mr.
Jolliffe disputed, as defendant had been summoned,
and was not there under • warrant. The Beech
mid it was not a usual thing for a defendant to leave
the Court is the midst of • case, but they would
allow him to do so for • few minutes.) —Cress-
examination continued: The object of pinioning •
bird is to promote tMOVIIIIIOOIIII in the wing to pre-
vent its (lying. Mr. Jolliffe said it had not been
proved that they had been pinioned. The Beach
mid it was necessary that that fain should be proved.
—throse-examination oontinned : I nor my wife did
not sleep home that night, we slept at the White
Hart, Crewkerna Two of my sons were home.
On the morning on which I discovered the birds
were gone! had been out till mid-day. When I
returned home in the morning, I did not go into the
yard, neither did I me my eons. When I returned
at mid-day my sons were the first to inform
me that the birds were goes. I do not think
that the birds would make a noise when being
killed. I keep does Dear my bones. I fed the
birds at four o'clock in the afternoon dike previous
day. I Seed them at irregular hours. When I went
to Mr. Canis's there were no birds au the counter.
Mr. Corti did not my that be would indict me for
Twry if 1 since to two brace of the pheasants.
eridid say that four of them were only brought
there hail-an-hoar previously. He said he had not
paid for them, and that be iahsoded doing so when
the party called fee the bag. I did not find any
took biMs on defendant's pianism There is nothing
In the breed of the stolen birds diarist from
ordinary *month It masa rough night on which
they were abolos, sod tiers was no moos up.
I Sparring amid I mot to Yeovil by the
Sergeant
wails on WI day is trosstioa. I wait In
Mr. Cooties shop about one o'clock, in compiny
With the hit wiiesso, s4lilergaral Yale of Ow

in the shop. frpled ThylitwheahtbepPhealalittlVi banging
wheu I CIUM hack, defendant wle standing aide
the door. I asked him where be bad obtained the
pbeamots which were in the shop. He hesitiacel for
a .moment or two, and I said, "the hut of it is, Mr.
nortp:.l4wthheerye yareou sOaailennedbirithen:7
IHsehreougedlike,,toi
think they came by the Great Western llw
I asked him when, and he replied "on Saturday
last." I asked him where they were sent from and
y
he answered, " I do not know, I often get game from,
and the patties do not tall for days afterwards." I
then asked him to show me the hamper, which he
did. Mr. Jolliffe again said that the whole was a
claP'traP Proceeding; the defendant was pounce/ on
'suddenly by four or fire polioemen, who all
questioned him, without his having • previ
knowledge of what was doing. The Bench were
not justified in receiving such evidence, as Mr.
Curtis had been led on by the police i rma-q es-
boos to endeavour to convict him. I in
hi: if
he was confident of that, and he replied, " I am, I
have not bought or received • bird lobe last Satur-
day." I informed him that the birds had been stolen
from Mr. Lambert, and that the gamekoeper was
present to identify them." During the conversation
we had gone into the shop, and the keeper had
examined the pheamets.--Mr. Curtis asked how the
keeper could swear to the birds.—Croserninined
by Mr. Joni& : Superintendent Smith wee not then
present. I subsequently fetched him from the
nball. There was • crowd of people around the
house in consequenceof our being there. I asked
him
the questions as stated. Loopy bad nodded to
me, and I asked him if be wild sweat to the birds;
and he replied, " can.* Mr.Bmjthcam,wjthms
to the shop. He and Mr. Curtis were in silent
conversation for some time. I did not hear what
they Mr. Smith tad, after a abort time,
ereplied,,r• Curtis,slat about these pheasants."
Re replied, knejf are ocnue here to take them
away; they neY ',soy can swear to them, bat I do not
see • w
tl.",'Y csa."—Cnces-examined by Mr. Jolliffe :
he eould swear to them, we be bad
beenf.eedittg 0111111 on blue peas and barley,
that Ii would be found in their crops. I
(1.4 not hear Supsintendent Smith say, " You
had bother tell all about it, and there's an end
of itn—Sitaminatiou continued: Mr. Curtis said
be had bought two bras of them half-so-hour
before. lacked him who the man was. He replied,
" I expect he is a long way off by this time." De- ,
fendant then said perhaps he is in town, and left the
shop to look for him ; but returned, and said, "H. is
gone to the sale at Lyda farm." He then asked me
if I was going to take them away, and I replied,
"They have been stolen and it is my duty to do so,
and lam not certain that I shall not take array you."
liolle to Mr. Wood about it, but did not
7to him for a warrant. (On being asked
Mr. Wood said that he did not think anything
could be done in the case, witness deolined to awn@
the question.)—The Bench considered the question
ought to be answered.—Witnese then said, I stated
the whole facts of the cam to Mr. Wood, betide'
cline to give his opinion. The case had not heels
brought before Mr. 'Wood judicially, and the Basch
told the witness that Mr. Wood's name ought not
to have been introluced.—Cross-examination cow
tinned I made an application to Mr. Wood at the
Townhall, Yeovil, after the justice meeting, I did
not apply for • warrant, but merely mentioned the
eircumetanoes of the cups —(Mr. Jolla% said jibe
did not apply for a warrant or summons to • magis-
trate, while sitting on the judicial bench. he should ,
like to know his object for communicating with that
magistrate on the subject. He must have had some
reason for doing so. Witness declined to answer
the question and the Bench did not think it fair to-
wards Mr. Wood). Mr. Curtis threatened to indict
Lacey for perjury. When I first saw Mr. Curtis I
did not es him come out of the shop. thought he
came across the road. I was not aware that defen-
dant was • hair-dreseer. I did not know that his
wife principally managed the poultry business. The
whole of the birds were hung up, and there were
none on the counter. Before (went to the shop 1
had men Sergeant Restos, and we planned t
as to bow we should go to the shop. Weordret
plan out any questions. I decline to tell our plan.
I did not ask for any book entry of the purchase.
—Mr. Jolliffe : Regretting as we do the annoy-
ance which this cam has given to Mr. Lambert,
as he knew it must be an annoyance, having
bred birds for his own sport and the
amusement of his friends for the ensuing eassim,
making allowances for Mr. lambert's feelings,
they must also make an allowance for Mr.
Cartia's feelings, as he had been brought there on a
charge of felony. It behoved them therefore In
carefully sift the evidence, and see the facts of the
proceedings. There must have been some collatorsl
reason for bringing forward the case. Mr. Curties
mouth was sealed. He bad been • victim by the
agreed evidence mid:clap-trap menouvres of five or
six policemen. He bad been taken by surprise, bed
had no previous intimation of what was taking
place, and his house was searched without • warrant
Mr. Curtis was • highly-respectable man, an hair-
dresser as well as a poulterer. His wife generally.
attended to the poultry businees A hamper of
gains bad arrived at hisestablishment on the previous
Saturday, in which were • gaantity of pheasants,
and of which he could produce the invoice. Mr.
Cortis did not always know what game arrived, and
in his hurry he had stated that he had received no
game since the Saturday. It shows when defen-
dant's and his wife's mouth were sealed what con-
struction was put to the evidence of those who liked
to come forward and adduce it, as the adroit police-
man had done before them. It was his usuar mode
of given evidence, and had thereby lost the
°madame of • Bench in times pest. Prosecutor
bad missed the game, but be had kept beck that the
whole of the night be had been away from his
duties, and while Mr. Lambert was sitting in Court
be was reluctant to bring it out, and which only at
last came out in orces-examination. He and his
wife bad neglected their duty; two boys only were
hit at home, and the following day the W.& were
mimed. There had been no strange none* heard in
the night ; dogs were kept on the premises, but were
not elirmed, and no one knew anything of the
matter until the birds were mimed on the following
day. The Iles& bad the fact to deal with that the
birds were missed on the night in gumption, and that
defendant was mixed up in the transaction. He
did not believe that anyone connected with the
matter imagined that Mr. Curtis had any part in the
matter. The charge was preferred to enable them
to gain a clue as to who the guilty wain were. Mr.
Curtis had purchased the game, but he did not
know of whom. A licensed dealer in game would
deal in birds, pinioned or not, and no one
who bought or sold game would think of war'
taiing if the birds were pinioned. Neither by
statute or common law could the evidence show
• larceny by the birds being taken when in •
domesticated state, and birds caught usdomes.
nested would not come under the statute
of larceny. Defendant's wife made the deal for
the birds while defendant was engaged in another
business, and the law stated that the game-dealers
were not justified in purchasing gams of unlicensed
dealers, and that all each purchasers ought to be
entered in • book provided for such use. That was
the only omission. There was no mark of identity
on either of the birds, they were like two penny-
pieoes ; there were no ear-marks, or any mark
whatever, whereby they could be identified.
Defendant's wife made the deal of • woman, as
would be proved. Tha pheasants had come from
Mr. Ondiam's, with whom defendant usually dealt.
He (defendant) knew nothing whatever of the deal,
and was therefore left at the mercy of an over-
adroit and not-very-particular man like the
sergeant of police. He (defendant) told distinctly
all ha knew about the birds. He had purchased
some on the previous Saturday, and his wife others
on that day. He knew the man had been there,
and told the sergeant an, and went to look for him.
$6 was gone to lyds eels The gamekeeper swore
to all the birds, but defendant being confident of
what he bad purohneed, herlandy hung them for
sale in his shop, tband maimed the gainekospar
indictment for perjury if be swore to certain of
them. The clever gamekeeper, Lacey, had swore
to the birds, as though no two pheasants were alike.
Some of them had their lags broken, and
he avowed they bad not been trapped,
but that their nook' were wrung, and
their legs broken by being trodden on. Before
be bad actually gene into the shop, he and be could
swear to the birds, There were no distinctive marks
of identification, which a jury or men of common
sense would require before they announced a verdict
of guilty. They were but hen pheasants, the num
seethe, lan pheasant* of the neighbourhood, and
the winless bad avowed he could identify them. To
make it a case of larceny, they mud prove that the
birds came into Mr. Curtis's pommel/on with dis-
tinctive marks or insignia of detection as would
have, no doubt, that they were no longer fens
11111411;ff, but domesticated animals. Until such was
done no ore of larceny could be proved. Plisessets
as well as rooks came wads the head of firer
lichan, to which the law of larceny did net satesd
unless it could be clearly and distinctly pond VW
they bad been reclaimed or reserved as domesticated
birds. No evidence had been adduced that delis'
dent knew anything of the theft, or that he was
on or mar the spot at the time, and took away not
game birds from a coppice, but domentioated birds ;
and be did not for • moment believe that the Beach
would entertain such an idea. He would leave the
question at parent with the Beech, to consider if
se evidence already addend would justify them in
=ring with the ore. If not, they would be
to damns it, °they'd.* be could being
forward /widows to prove the dad between deka-
dwat's wife sad the man, prove that defendant had
me lot or tranesetion in it whatever, sad totally
bosomt of the charge preferred against him in the
aimeee, —The Bench retired for • few mint's, and
resemsd with the impremion that Mecum meet ere.
met Certain birds bad been lost, and bad, sa
alleged, been found in defendant's pamemion. He
had not so for amounted sato how be reosived them.
They did not wish to prom the case too strougly oo
would therefore adjourn at for
fetir dadegesdallys to bt; m aad
heard at defeadsag's easmaismos,
in his own »swam" to seabisamid
w rsoohimphanoste edam*
farther evidersee.—ldr. Join&
WM4
es defendant did a•• appear .••ds• •
waraidineedi is wirer to oulaboos, &Ali

Party down to recogmirances under such circum-
stances clearly proved no case against him. 8 one
liscosirion arose as to whether the birds had been
pinioned, arid the cuss was adjourned till Monday,
to allow each party to bring a game keeper to decide
that fact.

YEOVIL Bonotran POLICE, Wednewiay.—
Before E. Whitby, jeer., Esq. mayor, Samuel
Woodman. a respectably-dressed man, barring •
hat, of which he was minus, and " having no wool
on the top nf his head,' being completely bald,
who described himself as a coaehbuilder, and a
native of Taunton, was brought up by Sergeant
Keates, charged with being drunk and disorderly,
and marring the serenity of the smell hours of night
by kicking at certain doors in South•streut, at three
&clock on the lame morning, to the annoyanoe of
the residente, by awakening them from "sweet
sleep," and otherwise disturbing their slumbers. Pri-
soner urged in defier* that he was on the toad to Bath
to a place of work. He had come from Crewkerne I
on the previous day, but had met a few old friends
in Yeovil, and with them had been worshipping for
several hours the shrine of Bacchus, until he became
intoxicated, and was ejected into the dark and chilly
streets, the hour being so late that be could not
obtain a place whereon to rest his weary head.—He
was lined fis., in default to be committed for
seven days. The fine was paid, being the whole
amount prisoner had in hie poeseerion, thereby being
obligated to tramp the rest of hie journey.
DIATH OF •N OLD WitiSLOO SOLDIZR.
Half a century has passed away since the
desperate struggle of Waterloo to ik place, and in
the course of nature the number of brave men who
survived that eanguinary battle are getting smaller
every year. On the sth instant. at Hendford,
Yeovil, died, James Adams, aged 71 years. The
deceased was born in this town, and about the year
1812 he enlisted in the Royal Artillery, he was sent
to Holland, and afterwards fought at Waterloo,
where he saw his brave commander, Major Ramsay,
killed. lie received the Waterloo medal and prise
money, and accompanied the allied army in its
triumphal march through Paris

BRIDGWATER. ANCITEM neornsce. The
Agapernone is becoming frnitful of prophecies.
"Brother" Williams has forwarded us one in the follow.
ing form : "The Sounding of the Fourth Trnmpet
(Rev. via., 12).—1 declare that God ham entered into
covenant with flesh, in Br. Prints. by iilo Holy Ghost
in him taking Ilsah.'" These documents are ourious as
showing the influents. which "Brother" Prince mast
exert over his rninmunity, and the bisaphemoas lengths
to which they are prepared to go oonceruing him.
RTANTON DREW.-Bfloegi•cl ACCIDENT AT COTS
Pam —A servant girl named Maria Hassell, in the em-
ploy of Re. Harding. was On Wednesday afternoon
dusting the mantle-piece in her master's kitchen, when
• canister containing a harponnd of powder fell wader
the grate and exploded. The poor girl was much in-
jured and disfigured. It is feared that she will lose her
sight.

SOMERTON.- -At the special senions, held at
Somerton, on Monday the Bth inst., before F. H.
Dickinson, and T. B. lineman, Fars.. Samuel
Burt, of Long Sutton, on bail, was charged with
assaulting constable Stride while in the execution of
his duty, at Somerton, on the Ist inst.—Fined,
including costs, or one month'. hard labour.—
William Richards, of the same plane, also on bail,
was charged with being drunk and riotous at homer-
ton, on the let inn. —FinedlOa including costa
Albert Hassell, labourer, was charged with having
entered the dwelling-house of Mr. James Steeds. of
Wen Lydford, on the night of Saturday, the 30th
January, end stealing therefrom a gun, value £3, a
paletot, value 15e., and a hat value 2a. 61— Mrs.
Steeds, wife of the prosecutor, proved having seen the
premises all fastened up on Saturday evening. On
her going to the beck kitchen on Sunday morning,
she discovered a peas of glans had been broken, the
glass strewn about the floor, and the window left
open. The hall window was also open, which must
have been opened frtm the inside—Mr. Steeds
proved having missed the articles above mentioned,
and also observed the window broken. —Superin.
fondant Drewett stated that he received informs.
tion of the burglary on Monday, the Ist inst., when
he went to West Lydford, and making inquiries, be
searched the prisoner's mother's house, who 0 •
widow, and in an matinr room he found the paletot
now produced by the side of the prisoner's bed, '
covered over with an old sack ; be also found the
hat, which he produoed, in the prisoner's box. The
prisoner's mother was present at the time I found the
articles, and pointed out the box as being the
prisoner's, and seemed surprised at their being found
there. Witness then went to the Cross Keys Inn,
where be apprehended the prisoner in a state of
drunkenness. On the following morning, when
prisoner was sober, he charged Om with the offence,
when he admitted taking them home, and also in-
formed the superintendent that be had sold the gun
for 101. to a man named Morgan. —Robert Morgan,
of West Lydford. proved that the gnu produced by
Superintendent Drewett was brought to him by the
prisoner on Sunday morning, the 31st of January,
and offered for 10s. As soon an witness heard the
prisoner was in custody he gave the gun up. Mr.
Steeds was then re-called, and identitied the pro-
perty, and the prisoner was committed for trial at
the next assizes.