The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1874-09-22 00:00:00

MX D04[110711 IT CAI.

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Mr. Giles Symonds, Town Clerk of Dorchester, applied to the
(leech to i•suc a summons against 11r. J. If. C.:royal, residing
in the borough, for having inn his possession fur purposes of
•ale food uunt for consumption. It was of course • hsal
matter. and one which the Bench f magistrates iu Dorchsater
would ordinarily adjudicate 11114.11, hut thcy werr for the most
I,,rj menjben, of the Town Council who onknal tint and and it ism felt that it would be better for the charge b, be
to before a ich indepoultunls o wait itutol slidal
se not
Linc n lks
k...i
asoady adjudicated primes ,fit;ir upon it. 'The county
magistratiw nail conCUlTent jurisalktiOn, and he asked them to
Sue a summons against Mr. Janlell Henry (Mown, of
Dorchester, and todeal a ill, the linter here. He was histructuf
to make this applicathm by the Mayor on behalf of his brother
magisUatui. lie aims:, to Sir. Coombs about it a could, nil
days ago, and he referred him to the Court. (Mr. Coombs is
an Alderman of Um borough).
The thwutan said theta was no obleitiou to the tare tieing
taken bare, sad thin slay fortnight was lined fur the
the Town Quit saying it would be ualatcourculeut for himself:

_
and Mr. Weston, who said he should attend for the defence,
stating that it would suit hint better than the ensuing Satur-
day.
Daniel Rak,t, an elderly man, was summoned under the
Poaching Prevention Act Mr. Howard for defendant.
P.C. Bishop said on September god, about 8.90 p.m , he was
with P.C. laremnbe by Druce. Farm Gate, and S4W defendant
approach with a cart. Defendant had a lumber dog which
hunted the Stopped the cart sad sake] defendant if he
had any game, or rabbits. Ile paid no, witness might search.
Witneis eatniined the cart, and in it under some baskets and
oilier thingn lie found a leveret and it rabbit, both were warm -
Ihe should think only Just billed. Showed them to defendant,
when he said, "Oh ! that little hare iny dog picked up as I was
twining along the road." A•keil about the rabbit, he said lie
heanl siniethmg cry In the lislice when coming along, got out
sail found the rabbit. Wituese took them. Further on, by
Watersin Farm, lie ow the same dog bring a rabbit in its
11101101 out of it stubble lIiI, and run up to the cart with it,
P.C. Lareombe took it.
Cross-examined : Defendant was a licensed hawker, and
oullected marine %torsi, travelling round the villages with •
horse and cart. The dog went by them in the sad before the
defendant with his cart. It was "going like steam" in the
fields, as if in pursuit of something. Had heard defendant had
got rid of the dog ; not that it was • young one he had Just
bad. Did not hear defendant whistle to the dog, or the cart
stop ikeen defendant about the lad two or three years,
and knew nothing about him.
pc, carcombc corroborated. Ants, the actions of the dog,
Mr Howard asked him if it WU running after its own shadow,
and he smartly answered, "No, there was no moon."
Mr. Howard raid the chars, gram that defendant was in un-
lawful possesaion of game by going on certain land. From
the evidence of the constables, he thought that the Bench
would be satisfied that the defendant did not leave the cart and
go into any fell; the only way, therefore, in which defendant
could be convicted as a poacher was by imiting the dog. In
Reapin v Kealins it was ruled that if a dog on Its own
account, nut being {otitis!, went into fields poachhig, there was
tin irCSIOAN: and by Jones v. Dietee it must be shown the
;rime was obtained by " unlawfully going on land." The
defen,:ant WAS a respectable nian, and finding the disposition
if the ibig, which was a )oung one, he had got rid of it.
The Islich fined defendant 40a and costs, of one montlii
impriwitiment.
Mr. 'lowanl objected that there was no evidence to show
defendant obtained any game by unlawfully going on any land
iii search or permit of game, or of having used any article
ineiltioned in the reaching Prevention Act for unlawfully
killing or taking game ; and he asked them to grant a case for
• superior court.
The Bench granted it.
As to the aniount of recognisance:4, Mr Coombe was referred
to, and ultimately the Bench withdrew their granting of • came.
Cluirles Rich was chanced with stealing • quantity of corn
from a loft, the private of his master, Mr. Thomas hansom, of
the Breakwater Ilotel.yortland.
. . .

—...—
Mr Weston, for defendant, said he must admit taking the
eon,. but It was to give to his master's horses. He had been in
prosecutor's ctuploy for some time, and he believed Mr Sanaom
would give him • character.
The Bench wished to hear the evidence.
Mr Howard said Mr Samson wished them to deal leviently
with the prisoner.
. . .

Prosecutor said the corn was taken from his loft, without
permission. to prisoner's house, and subecquently put In the
loft. Ho did not know whether it was for his horse, but he
accepted the excuse so far.
Mr Kinder'ley thought they should hear the case to see
whether the excuse was well founded.

Prosecutor said prisoner wee in his employ, and had the
charge of one horse. Every Saturday he received seven pecks
of corn from the loft. which was to last the horse a week. On
Friday morning, hearing something, he charged prisoner with
taking corn from the loft without permission, and by the back
way. Told him to fetch it hack, and he brought about three
pecks of beans and some 11111.1 corn from the hay-loft.
Prisoner was a married man with two children, and he had
great confidence in him. Prisoner's wife was shoo in his
employ.
Mr Weston expressed regret on behalf of prisoner for the
folly he had committed, said it was to give to Mr Sansotn's
horse, and 'mood the Bench would treat him leniently.
In answer to the Bench Mr Sansotn said he did not under-
stand what prisoner took the corn for ho had enough in his
bin to last the proper time.
. _ . . .

Pressed u te; the probability of what prisoner MIS going to
do with the corn by Mr Klnderaley. the pniseeutor maid he
could not tell, but he had no need to take it for the hone.

Sentenced to. month's hardlabonr.

Mr Weston milked for a flue, but Mr hlndersley said no, they
sentenced I.'r the felony, not beliel iii the corn was Laken for
the horse.