The Express.
London, England, 1852-09-13 00:00:00

IGS BEFORE THE MAGISTRATES AT
ILFORD.

;O WITH ANIMALS.

It will be remembered thtt the descent of the
hulloes which, last week, carried Madame Poitevin, ti as
Este's." sealei upon a wretched heifer, from Cremes*
Oardsaa, was made in the neighbourhood of Ilford. The
heifer was in such a state on landing that, in kindness, it
had to be killed ; and hence a prosecution, by Mr. Thomas,
the secretary to the Society for Prevention of Cruelty to
Asintals, and the hearing of the ere helms the Ilford Petty
Sessions, on Saturday. Thera megitentless it was under-
stood, had arrived at very stump esadiatione, not only as to
the folly, bat as to the inhossamity of helloes ascents with
animals; and there was every probabilty that had the
summoned partics net pleaded guilty, sentences of ins•
prisonment, pundits I by the act, would have been
passed. As it is, nominal fines only hare been
inflicted Mr. Simpson, the lessee of Cremurne, repeating
the pledge he gave to the Westminster Court, that he would
at no future time permit, so far as he is concerned, animal-
balloouiug ; and K. Poitevin giving • similar undertaking.
Mr. Arnold has now to give his decision upon the pony cue;
but, whatever that may be, it is clear that Mr. Thomss and
his society have fully gained their object, and that there is
no chance of Madame Poitevin„ or other adventurous lady
or gentleman, ever again "ballooning with animals."
The facts of the cast will be found in the following re-
port of what passed before the megistrstes Simpson
would appear to have put himself in • proper positiou
before the public. Ile showed in min the agreement
signed with lit Poitevin, in which there occurs • clause
to the effect that if any English magistrates should offer
any objection to the ascents of animals attached to balloons
Mr. Sonpsou should not be bound to permit the eontinu-
&ace of such mein's, but that M. Poitevin should be bound
to substitute different exhibition', as, for instance, the
parachuting. It was further submitted on behalf of Mr.
Simpson that he did not enter at all into any agreement(
until he had been satisfied that he could not lie open to
any charge of inhumanity : and his justification is that the
Perla police had inquired into the effects of M. Poitevin's
exhibitions, in that capital, on the animals employed, and
had reported that such exhibitions were harmless.
The little court at Ilford was densely crowded on Satur-
day. The magistrates were—Mr. W. Davis (in the chair),
and Messrs. O. Fry, M'Naghten, and Mueller. Mr.
Parry, barrister, appeared for the defendants, with Mr. U
Lewis, solicitor. Mr. Thomas was of course present.
On the names being called on, Mr. Thomas informed the
bench that Mr. Parry had communicated the intention af
the defendants to plead "guilty," consenting to pay the
full penalty of 51. each (should the msglatr.tes rule that the ,
lady was not esempt, as • married woman, acting presump-
tively under coercion). Mr. Thomas said the object he had
in view would be answered by that cowrie being takes;
but he would not give his approval without the full :0114111.
renee of the bench.
Mr. Parry appear here on behalf of Mr. Simpson
and M. and Mad..rne Poitcvin, who acknowledge them-
selves guilty of this act, under circumstances which I
believe have not come within the knowledge of the magis-
trates, but I may add under circemstaacits which certainly
' are peculiar, and have never before occurred since K. Pol-
-1 tevin wasengsged in following the prelasaion of an aeronaut.
I may he permitted to 'rayon** net el K. Poitevie, that
he has made altogether MO masts IN ballsoas ; that he has
made with three separate bores ono Km then 350 ascents,
and all these animals are now alive and well, and are, I am
perfectly satisfied, capable of drawing the eurricle or
phaeton of any of the gentlemen present, and of that they
may be themselves satisfied by a personal Inspection of the
animals. . .

The Chairman—l think we hays nothing to do with the
ascent of horses. We wish to confine ourselves to the
legal points to which our attention has been directed.
Mr. Parry-1 was about to add that M. Poitevin has also
made many ascents with a bull in France, but he made
noes with them, or with any other animal, until a commie-
pion appointed by the magistracy a Paris and the
Prefect of Police of Paris, had satisfied themselves
by eaperinsents that there was aeither danger to these
wise wesisp nor any cruelty to the animal,. Of course
the regime of that commission sitting at Paris cannot gelds
yea, add I have no doubt yen will exercise your own judg-
ment la She matter. In this particular instance M. Poston.
dinamdedgee himself wrong in taking up, this heifer. It
was pant rod in London for the purpose, and he was by
MO IMlLBSalliart that, having gone up with animals before,
say ill consequences would have resulted. Ile would sat
*ad guilty to having inflicted any injury upth a pony, be.
Mane See animals have frequently ascended without the
dishiest injury or accident, but if the magistrates decide
that he should not do that, he is willing to gave his under-
taking that he will never weeny of these animals for this
purpose Apia. I believe TOW jansdictiou does not extend
be safe ordnery—at ha t, at present it does not,
altboogb we lam hoard esmaddys about the omnipotence
of an act of parlissad. I posomm that if he gives that
undertaking and personal guaremthe that he will not,
while in this country, use then animal, again, that will be
sallcient. Ido not with M moor late any special circum-
stance@ with regard to the mime of the heifer—beyond
all doubt the animal saws& esaaiderably in coming down
or after it had boom lamded. lastly, I believe, from the ex-
citement of themmolace an the confusion that took plan
—but he feels eat he cannot resist this information ; and
he therefore throws himself upon your eonsideratioa as a
:=Nra:titegfhttta thedeolanwlot tbilaayessntr"bli
morel, preiseedag the harmless and Mammal ammemrst of
the Nablus, and under these ciretuminness M. Poltirria
throws himself entirely upset your coadderation. With re-
gard to Mr. filispeon, the_peepristese if Omen* Gardens,
if I was behro a bomb elf megletradm d the meaty of Mid-
dlesex, it wadi be ardwasethey to lay @aiding of his per-
sonal chenille,. He has been well knows Asa mere than a
quarter of • matory as holding the Soma if ems of the tint
taverns mid Meals in London, the Albion, whisk is rimmed
to by passim of the highest rank. He bee been ire
a brag period, indeed for several years, die
lessee of Customs Gardena, and thinned' sad
tens of thousand of persons have Altai SSW
greandelead never, during the whole of the period Math.
has held the licenses, has there been a Angle
against the management until, unfortunately, hril=
this gentleman and his wife to go up in a hams di*
animals attached. lam sure that when speaking M
men who have probably similar places of public eatertaina
meat under their control, and when they hear the cha-
racter which I venture to assert Mr. Simpson holds, lam
perfectly satisfied that it will make a Mimi improvise as
their minds, because gentlethea in pose mil= sad pest.
tion can verify the facts at any momset, awl by applioatim
to Mr. Pownall, the chairman oftho Middlesex magistrate.,
can ascertain that it is perfectly assasse. Allow a now to
state that, in reference to these asanol neseati. Mr. Simms
has no control over this amyl as Orr as globs his membolem
to the ascent, which ,1 ail% is a sentrakimd tepee with lb.
Thomas, that if he, having that control, loads himself to the
meant, Mr. Simpson is liable, and fairly HAW, in a legal point
of view. I am not anxious to dispute that. Manse I believe the
animal did suffer, but Mr. Simpson was entirely unaware
of that, his engagement Wag with M. Ileallier, who keeps
the circa. in the gardens. Now, as regards the balsas
ascents and descents with 'alma* whether they did oath
or not, Mr. Sins peon was really unaware of it, and bad no-
thing whatever to do with them, although is paint of law,
as lan satisfied you will idien bins from the bench,
it is hie duty to see that the animals do not war. 1 may
also add that Mr. limps= bele It his duty to esaforaa to
the slightest reassaable wish or ezpresaion of °Maim on
the part of the beach of magistrate.. And lam satisfied
that with regard to the anent, with the posies, the bull, or
other animals, if Mr. Antall!, the ammiairMe et the district
is odds k the grim are eitaisee.hail soft him a note de.
*faith* as sash ascent shield the piss, m Ming injuri-
ous to Me Wools, he would Meuse ham yielded, although
1141 would by so doieg have merifieed a sowddarable mum of
mosey, Memos you mast be aware thee K. Palteria, who,
if not wNasYee, is at least fint-rato is Ms profetaim ae an
aeronaut, reasives very large pay for daisy that which no
other can do, or which few persona bat himself would like to
do. Ur der *MI eireumateaces, and after the plea of guilty,
I hope that the ends of justice will be satisfied, and that you
will am Mips to dial harshly or unduly with persons who
certainly net ventral, or wilfully violated the laws of the
country, and who did wet laid deliberate and Instal
cruelty as soosametime me sad hear of. As regards the
two parties whom I repressed, Mr. Simpson is desirous of
saying that la the lint intone, it was his intention to have
had oniLeparachute descents, two of which have already
en tak most succesefelly, Madame Poitevan having
madethirty or forty descents previously. Ms deified
undertaking with M. Souther web that there should be •
certain number of parachute descents, and if that had been
done, these animals would never hams been taken up ; sad
there is, besides, a clause in the agreement that if the
tin or the police authorities prohibited these ascents,
M. Offer should be at liberty to replace them by any
other ascents. It is but justice to Mr. Simpson to state that
that was one of the clauses in his agreement, a copy of
whisk I here hold in my head. (Mr. Parry reed the claw.)
The posy gavots were, I believe, made became then pa-
chute bad received 10111111 injury, and it was necessary that a
freak one should be made in England. But long before
than sumaseases were taken out Mr. Simpson had declared
that no more assents with animals should take place, in ,
consequence of the feeling of the public and the comments
is the press. and I am sure from Mr. Simpson's high cha-
racter that he meant to adhere to that determination._ 1

shall now only say one word upon the point of law, and I
sincerely hope, net in the interests of gallantry, because
magistrates assembled here to administer justice have
settling whatever to do with gallantry, but in anaphase,
with the well-known principle of law, that when a woman
does say act conjointly with her husband she Is supposed to
be acting under his direction and control, that the touch
will be satiated with the indiction of fines upon Mr. Simi,-
see sad M. Poitevin, end not inflict • fine upon the lady,
which probably she may feel sensibly hereafter, and consider
se • matter of degradation. Asa recognised legit principle,
however, and nut as a matter of feeling, I pros this point
upon the consideration of the magistrate* u bring worthy
their attention. I will say, in cenclusies, on behalf of Mr.
Simpson, that no man feels more, after what has been said
upon this topic, than Mr. Simpson, that he never again
ought to allow, and ho pledges himself personally that be
will allow any a•cont of animals to take place.
The Chairman said the magistrates would retire sad ma-
Bider what decision tiny should come to. Ho felt the int-
portages of the ease ; he believed the eyes of Europe were
epee the beach that day ; end he desired that what thej
I might do should be der deliberately.
Some movenetlea lash place betimes Mr. Parry and the
clerk to the as to the point of law submitted.
Mr. Thomas selftwi to admit, as a (act, that Madame Prat-
te/in had Need urbr mercers. The magistrates that sea
I tired, east eitaiMed late mart after 10 solutes
I The Chimes seid—The beach of restleseas sheet me
bars lined. An Okra, the metier late very senses is..

@identities. I must nay that we taws but feel in mom
degree very nub plumed at the *dials expressed by mo.
Simpson through his counsel, and ent are oho very nosh
plowed sad satiefisd by the contiost of thl
on this occaskse, who has prevested, by these
ponds, that exposer* to the petals which piteliasly in its
details woelddiv onlyan gratify a morbid haling of ailliseity, and
Mansshe am kommatts Maw plasm la many
Mansile mar Ma 'Swaim drills Womb dmonomomoon hove
bona mom boppay owl in ibis V.
dial to say
we Ism been smabled to avoid them. Walt Om the
ersohnsiss of guilt by the prim bromht forward, midi the
upraises of triplet, and the paimthat hem been
gives, mill deter others from similar anbilitima With
respect S. the point of law, we have givens is a geed ilinlef
consideration ; but oar feeling is, that tits oommoom- was
of that chemise that makes it absolutely imiemmorp to
extend the dee to all the patios employed hi this truism-
' tins. We should be must happy certainly to have felt that
no female would have ventured voluntarily upon such an
exhibition ; but we cannot conscientiously exclude her
from that flu which has been incurred under the act of
parliament We are, as I said before, placed in peculiar
circumstances, and Amway meth lespunsitile to the public
feeling and public esprenion of opinion. We should,
therefore, be very awry to compromise anything that would
tend to deter parties from similar exhibitions. We are to
bear in mind that the prosecutors in this business have
had a very unpleasant duty to perform on various Orta-
aims, and we must bear in mind that this nation has for a
very couiderable time, by its sanctioning the conduct
of those gentlemen who have undertaken this pro-
ercution, thereby saving individual, from that very
unpleasant task, recognised the principle, and that
by establishing the law in the first instance, which
the government of the wintry did in the early part of the
reign of George IV., following it up in the early part of the
reign of William IV., and very recently confirming and ex-
tending it provisions, in the reign of her present Majesty—
all thee@ acts, I am very happy to say, do prove a continual
attention on rho part of the legislature to humanize the
people, so that they shall not he affronted as formerly with
horrible exhibition.. It is in my recollection when cock-
fighting and bull-baiting were the common amusements of
the lower classes. As a boy I was schooled in a village,
and there were constantly scenes of riot and horrible exhi-
bitions. lam perhaps extending my observations a little
more than is needful ; but I think the eau does require
a little more expression of opinion on the part of gen•
tlemen like ourselves than any ordinary transaction that
might be brought before us. It is to be borne in mind
that the civilisation of this country has proceeded upon, be-
sides the acts I have brought before you, one of the most
important sets indeed of the time with which you must all
be familiar—l mean the humane policy that dictated the
emancipation of our slaves within the last 26 years—and
therefore everything we can do to uphold that humane con-
duct we are bound to do. It is to be hoped that we shall
not pander to the lowest classes of the people in bringing
forward those instances of barbarity that used to be a dis-
ga
to our country. I am happy to observe that Mr.
orpson's expressions on this occasion are such as will tend
to prevent those exhibitions, and that Cremorne will not
henceforward be celebrated for its barbarous exhibitions as
a place of public entertainment for the people. We might
have had a very difficult case before us in considering how
far we should have been instrumental in preventing the
innocent and agreeable amusements of the people. I will
not say more on this subject I hope that what we have i
done will be of great service in the cause of humanity, and
that the amusements of the public will not be found such as
only tend to demoralise our fellow subject& The fine will
then be U. on each of the three defendants—with costs, as a
matter of course.

Mr. Simpson then briefly addressed the bench, express-
ing, feelingly, his perfect "(roomiest is all that had been
said by the chairman, sad his thanks for the view they
had taken of the extent of his own and M. Poitevin'a fault.
He hoped that he (Mr. Simpson) would not now stand be-
fore the public sa a recklessly inhuman scan ; and is evi-
dence that be did not quarrel with the prosecution, be
begged to state that he would give Mr. Thomas's
society 51.
The proceedings then closed—it may be said, to all
parties satisfactorily.