The Express.
London, England, 1863-09-04 00:00:00

THE t LEI RNS% ; FRIIIAY EVENING, SEPTEMBER 4, 1863.

SPORTING INTELLIGENCR.

NAVAL AND MILITARY.

DERBY SUMMER MEETING.—THritsn.t4.
A DMISALTY, Sin. 3. —APPOINTMENTS. —lnspect-
?hit Barmy STAKO+ of one each. 10 IS, for 2-Yro`"E leg Commanders of Coast Guard, John Murray, to the Corn.
sobs, Bst 10lb; fillies, SA 711 i; winners min. Straight halt maths ; Charles A. T. V. Robsoaca, to the Ajax • Master
mile. (5 subs.) Thomas H. Haymow, to the Indus, for the Boyalier,
Sr. W. G. Craven's Pranitioeer. by The Curi—T•froba.
9.4 Including SW extra;
sr. rowt.m.. v. nb tChalloner, - service.
Lord Batsman Coimbra, NH 7lb (VordhanV 3
Betting 7t04 on Practitioner, sto 2 apt Tomfoolery,
sad 10 to t apt Coimbra. Praotatioper made play through.
oat, and woo cleverly by a neck ; • length separated the
ersond and third.
THE. NNI..M.ERS' PLATE of 30 son., added to a handicap
sweepstakes of 5 Bova. each, foe all ages wionen exti.i.
T. Y. C. ; three-quarters of a mile.
Lard Bateman hitt Lidngstone, by The Flying Dutch-
Lordlli.Nano. 4 yrs. AM ',Fordharn) I
Vairldr'S SWAM. Yin bat .. (A. Woodhouee.
Mr. James King W Italy, 3 yrs. est 41b .... iJ. Grienshavi
ALL Pacts and latch also ran.
Betting 6 to 5 apt Mims Livingstone, 7 to 4 eget
Muth* and 10 to 1 apt Kingof Italy. They were evenly
Warted at the first attempt, King of Italy jumping away
with a slight lead of Erythia, followed by Miss Livinptene,
neat to whom wee Latch, who lost several lengths at the
Aar:. Along. the meadows Erytkia took up the running,
bet when fairly in the straight she was joined by Misa
Lithiptone ; and the pair quitting the rest ran • most ea.
entice race home, which was won in the last three strides by
Lord Batsman's mare by a short heed. King of Italy was
beaten half a doeen lengths from Erytbia.
THD DONNINGTON PLATE (Handicap) of 50 nova, added
to a Sweepstakes of 5 son. each, for all ages; winners
extra. About three-quarters of a mile.
Sr. Payne's Overture by Teddington— lone, 3 yrs, flat Mb
101. Orinialtaw) 1
Mr. F. Jacob's Lulea, It yrs. 7st fib (Inc TM ex) ,Maldmenk 2
Marquis of Hastings's Redcap. Try, fat ne ..(11. Clark) 3
The Cutler deo ran.
Betting : 11 to 8 aapt Overture, 7 to 4 apt Lulea, and
lOD to 15 " bar two." Oversees was ant off, but was im-
mediately deprived of the lead by Len, followed by Bed.
sap : Overture going on third, and The Cutler (who got the
worst of the start), Insuglit up
_the rear. After going a
quarter of a mile, The Cutler rushed through his horses and
took up the running. but was subsequently headed by Red-
sap, who held the front positioo, into the straight, where
the resigned the led to Luba, who was attended by Over-
ten. The latter joined issue within the distance, and im-
mediately Nsidment suited his whip to Lufra, she swerved
earns the tonna sad gave Overture a loug lead, which
Lutes subsequently considerably reduced, but could never
pt up, and was beaten half a length. Three lengths be-
Senn second and third. Cutler beaten off.
A NoIeLLINCI HEARIN of 5 lOVII. each. with 25 added, for
2-p-okls ; colts, Bst 101 b; fillies and geldings, fist 71b.
Belieg allowances. Half a toile. (0 subs.)
Loral Coventry's galrioul. by Hobble Noble—Fend*
), lllt (illaidment) I
lir. Chancellor's :ffif.;, est Mb :A Woodhouse) x
Mr. Doyennes Utgblsod limy 'eel.':, 111b..,E. Taylor)
The following also ran .--81 r Wetkin, All Parka, and Fore-
igner.
Betting : 5 to 4 apt Salvioni, 7 to 4 apt Wee AggiA sad
Itto 1 eget Highland Mary. After savors' tweaks away,
Wee Aggie and Salvioei jumped away in front, and wen
quickly clear of the rest to the half dietssoe, where &Mord
obtained the lead and won mar by half a length. three
kegthe between second and third, and • simi.ar distance
siparated the fourth and fifth. The winner was bought in
far 150 /guinea.
TUT CHATSWORTH Brans of 50 son. (gives by the Duke
of Devousitirel, added to a lisedicap Sweepstakes of 10 move.
each ; h ft, and 3it declared ; winners sabre. One
(14 robs., 10 of whom declared.)
Lord Wilton'. Meetings, by fitoekwell—Lady Evelyn.
4 yrs. 7M 6lb (oar. TA fib: (Challoner) 1
Duke of Beaufort's Doncaster, 6 yes, het 121 b
(0. Fordham) 2
Er U. Des Vtrues warbone, 37n, at Inb .(Deseoa)
The following also ran .--Wlid Dock, Fluke, and J mks AUve. '
Betting : 7 to 4 apt Stockinger 2to 1 apt Domuter,
sad 100 to 15 each apt Warhorse, Jack's Alive, and Fluke.
Wad Deck jumped away in frost, having Doncaster, Stock-
lager, and J'ack's Alive in close &Windups, Fluke bringiog
ep the rear. They ran tins to the straight, where Wild
Duck and Jack's Alive retired, and the issue winleft with
Dosimeter. fitockinger and Warhorse. At the distance
litoekinger deprived Doncaster of the lead, mid Inn home
as easy winner by a length. Four lengths separated the
nwood and third. Wild Duck wee a bed fourth. Fluke,
who win last throughout, pulled up opposite the stand.
TSB HARRINGTON BEAUS of 4010•11, added to a sweep-
stakes et 5 move each, for 2-yr-olds ; colts, Sat 101 b; allies and
pklings. Set 71b; penalties and About half-a-
noiloskrst. (20 subs.)
Be. W. PWWps's Persuasion, by The Cure—Diphthong,
Ott 121 b (Including Mb extra, ,Cualioneri
Yr. Crook's Dawdle, Mt 12.1 b iinc. Mb extra' ....(Clement) 2
Mr. Payee's Tomfoolery. Mt rib (Fortnum) 3
Garotter also ran.
HAW( sto 4 apt Persuasion, 2 to 1 apt Garotter, and
Ifleto3Ospt Medi*. Persuasion made the whole of taw
:awning, and woo by a length. Five lengthsbetwees wood
sod third.
Marnzine PLATI did not fill.
LATEST BETTLNG.
ST. LECER.
9to 2 apt Lord Clifden (off)
sto 1 Banpr (t)
10 to 1 Aveope (t)
33 to 1 Blue Mantle (t)
1000 to 5 Bonny Bell (off)
WEYMOUTH RACES. TR —I7Ii6DAT.

CHATHAM, SIFT. 3.
The following vessels have been taken up by the
War Department for the conveyance of troops and stores to
India and the colonies, via—the Canning, 926 toss, and
the Pan:y Douglas, 781 tons, for Bombay ; the Saladin, 865
tons, for Calcutta; the John Binteld, 508 tons, for Hong
Kong ; the Footabelle, MT tons, for the Cap of Good
Hope ; and the Frances, 310 toes, for Trincomalee.
A garrison order has been issued by Msjor•Geoend
Eyre, commaridn.g this district, directing the non-com-
missioned officers and men attached to the invalid depot to
be transferred to the Howl Engineer hospital, and the
whole of the books and accounts made up to the 20th inst.,
oa whisk day the invalid depot will be broken up sod the
cammated berracka at Si. liary's be occupied by troops of
the line.

WOOLWICH, SEPT. 3.
HER MAJESTY'S EMBARKATION AND THE WOOL-
WICH OFFICIALS-1u accordance with instructions to that
effect copies of the several orders issued by the heads of
the departments at Woolwich Arsenal on her Majesty's
recent embarkation have this week been forwarded to the
Secretary of State for War. The subject is under con-
sideration, and it is probable that the Iseult will be to
revive the question of placing the whole of the depart-
ments under one head. As a proof that the animadversions
of the prase, Mans to the proceedings at the royal
embarkation were not uncalled for, the following is an
exact copy of the most stringent order issued on that occa-
sion, but which has not heretofore been made public :
" NOTlCL—Embarkation of her Majeety, 11th August,
1363.—N0 person is to be upon any road in the Royal
Arsenal, under any circumstances whatever, on Tuesday,
the 11th kat., after half-past four o'clock, until her Ma-
jesty has left the Arvind. Any person, of whatever rank,
will immediately be taken Into custody if found in the roads
between three times, and will be diecharaed without any
appeal. Every person leaving the Arsenal after two
°Work on that day must go out by the Plumetead-gate.
Any one attempting to leave by the main gate will be dis-
charged. No ogre is under any circumstaaces to attempt to
WO. the embarkation from soy door or window in any
way in the Royal Arsenal. Any person infringing these in-
structions, either in the letter or is the spirit, or attempting
in any way to intrude epos the strict privacy which it is
her Majesty's wish should be observed, will be summarily
dismissed."

ROYAL NATIONAL LIFEBOAT INSTITUTION.

Yesterday a meeting of this institution wan, held
at its house, John-street, Adetlphl; Sir EDWIJID Peaaorr,
Bart., V.P., in the chair. There were also pressat—Admiral
Sir George Sectaries, W. H. Hsztea, Fag., Admiral Gordon,
Colonel Palmer, High Sheriff of Braes • Admiral W. H.
Hall, F.R.S., Captain D. S. St. Croix, and Captain Ward,
R.N., inspector of lifeboat, to the inetitatioa. A reward of
41. 10s. was voted to the crew of the Aberdovey lifeboat of
the institution, for putting of and rescuing six of the crew
of the barque William Bromham, of Gloucester, which
during Mornay weather bed stranded on, Aberdovey Bar on,
the 15th alt. A reward of 71. was also granted to the crew
of the Newhaven lifeboat (the Thomas Chapman), belonging
to the society, for series the crew of live mite of the
schooner Cestrian, of Chester, which had grounded en the
bar off Newhaven harbour, in agile of wiud and herefir4rtm
on the 31st tilt The lifeboat and her crew ware
to have behaved admirably on, the csommetioe. A reward of
71. was likewise voted to the crew of the Buds Haven life-
boat of the society, for putting off, through • high surf, sad
readeriog important series to the ship Conflict, of
Plymouth, which was iss diaries during a gale of
wind off Trevose Head, Cornwall on the 30th ult.
A reward of 41. was likewise voted to the crew of the
society's lifeboat stationed at the Lizard, Cornwall, for going
of in reply to signals of distress to the resew of the crew
of a sloop which was observed to • demoted 'rata ander
the Black Head, of Cadswith, d a strong easterly gale.
Ths lifeboat was launched without delay, and proceeded to
the resell spinet • head wind and stroog tide. In the
meantime the sloop had bees boarded by the wows of two
pilot boat; who afterwards mood out tome with the wreck in
tow, sad subsequently reached Falmouth Harbour in ahoy.
A reward of 71. 10s. was also voted to the crew of the
Weimer lifeboat of the institatioa, for gain of with the
view of saving the crew of the ship Canna; Back, of
London, which had stranded daring blowier weather on the
Goodwin Sends on the 18th ult. The lifeboat remained
aloogade some time, when the weather having mo-
derated, the vessel was got off by a steam tug
and some Deal boatmen. The lifeboat was reporW
to have behaved temarkably well ea the occasion.
A reward of bd. wee also panted to seven met for putting
off in a coast-guard boat sad easing at some risk of life
six soldiers from the Hurst Castle prawn boat, which was
swamped off the Isle of Wight on the 18th ult., in a heavy
ma. Two mem had perished before the snivel of the
eoast-gnard boat. A reward of 11. was likewise given to a
lad 14 years of age, named Dennis Clifford, of Cabircivess,
County Kerry, is admiration of his gallant conduct in
plunging into the sea and saving at the risk of his life • mac
sho while bathing sear that place had got his bands
entangled is some ea weed, and after straggling to et
free had sunk quite exhensted. The lad, who had been sk-
immed to the spot by the screams of two women who bad
observed the drowsier( man, at ow* dived in, and succeeded
in bringing his body, apparently lifeless, to the ohm*. After
tome time, however, he happily recovered. There were so
means of amistaace at hood, sad a moment's longer immer-
sion must have proved fatal to the poor man, whose hands
when he was brought on shore were still entangled in the sea-
weed. Vatioasother rewards were also granted to the crews of
.hors-beats for saving life on the coast. It was reported
that the institution bed during the past month received •
legacy of 2001. from the late William Currie, Faq., banker,
of Conthill ; sad one of 1891. from the late Mr. John Jolly,
farmer, of Lostooe, Oxford • and that 501. had also been
received by the society from ihe !elitists of the late Br,.
Thornton. The institution has just mat large lifeboat, to
Hastings, cad to Blakeney, on, the Norfolk coast, is lieu of
the former boats at those phase, which were deemed too
small for the localities. Mr. Morrell, a member of the
Society of Friend', and residing at Matto*, in Derby-
shire, was making rtreonous stereos* to raise the
east of lifeboats from pesos' having the maze eursame.
Captain Ward, It.N.' inspector of lifeboat, to the society,
was dissented to proceed on a tour of impieties of its life-
boats on the north-east coast of Busload. A report was
read from Captain David Robertson, the seetstant inspector
of lifeboats to the iestitution, on his recent visit to its life-
boats on the malts of Lancashire, the Isle of Mao, and
flooded He bawd them all in as etßeiest slate. The
operations of the institution extend over the whole coasts of
the British Isle,, and by it system of rewards it
means. either by lifeboats or otherwise, :,opraregil
from shipwreck. Thus about 1,300/. a year are granted by
it as rewards for saving life from ',realm besides a most-
derable number of silver medals, vote; on vellum, adc.
Payments were ordered to be made is various lifeboat
- it,, and the monodies, terminated.

Tax Wrnioaria TEAL eranza (Handicap) of 5 WM
sr* with 2:6 *Add; Thum antra. this mil* sad •
gaarYr
Broylop's Diatitor. Loop (urea--Pais, 3 yrs,
IA Mb pao. 711, oats) (Cannon) 1
11r. T. loots Curt% $ yrs. art lib (6. Adam) 2
XL Ours Bean PO 022 1113 (Inc. ylb extra)... (Covey) 3
Gamecock also ran.

hyl:=lves cc Osmecock, 3 to 1 apt any other. Woo
; two tenths between the second sad thud.
• SWIIIRIWAILIai of 5 soya. each, with 50 added, for 2-yr.
side; oohs, Ort 10th; BSies, Bst 6lb ; Nelda penalties and
dowtooss. Half email*. (S sobs).
Xr. 1. B. Saarkers Agatha, by Ethelbert—Annie, Bst 31b
or. Adam.) 1
Br. Marra Oasis, get IMb ,Covey, 2
Xr. Alfred's f by lard of the frlee—lady Wild, Mt
Adams) 3
The follealag also na —Pelee, Taller, sod Wanle Eye.
Betties : 5 to 4 co Orisis, 4 to 1 each apt Wangle Eyo
sod Apes, sad 9to II wind Taco. Won by • Mad ;
UN • land between eased sod third.
Tits 11•Lcoroz HANDOOAP *llO nom sad, 6 ft, 1 to the
toad if declared, kn. ; certain snowman sad peonies.
Br. Brayley's Tonto, by Hstaplaa—Liaasss. I yrs, Mt dlb
(Guam) 1
Mr. T. flterseas Yeast, 4 yrs, ea llib 5C •vey
Xs. W. Day's Tamales. t yrs, 25i Mb M. Adams 3
BeXisig :sto 4 ea Violet, 2to 1 apt Tome. 3to apt
Tolopts• Won by a hod ; Volspoe, who halted, ma $ bid

--
THE PORTLAND PLATE (Headloep) el 50 ems. ; wieners
sobs. Throe Tauten d a agile.
/tr. I. S. But. a ?Homo Vossal, DE Haheashas—
Moms i yrs. Tot Mb tfk Adams) 1
Xt. lisodisjs OeSas. 3 yrs. Yet 1313 (Roper' 2
Mr. 316yeals 4. Pinks.x..736 1043 t Parsons) 3
The II
Betting : 6 to 1 ant Osaka, 2 to 1 each sgst Princess
Tramiel and Dictator. Won by times lengths ; two lengths
between second sad third.
ESTEEM FOR HER MAJESTY'S PLATE of 100 guineas.
About two miles.
AV AV Age
Isayentine
Wks Os 6 Galas
ADDMONAL A =VAL& —0•11 st OIL, Lady di Vern, Bo-
mbe!, Edith, Wangle Eye, False Step and filly by Lord of
the Isles—Ludy Wild. Nosy others are so route from
Hector.

BETTING AT MAACHESTER.—THGEADAY.
ST. LEGER.
9 to 2 apt Lord (Addeo (off )
11 to 2 Tito Bayer (t)
I to 1 Quoit Berths (off )
14 to 1 Goldos Moho (t and off )
14 to 1 Avow (off )
28 to 1 (off )
33 to 1 Bar Rooth (t)
J 3 to 1 Doonlybrook (t)
1000 to 15 Dr. Syntax (t)
1000 to 15 Choortal (t *ad oll)

DONCASTER SEPTEMBER MEETING.
AocirTmicas YOU MI OILS li 011.61111 t HANDICAP, 01
1199.6. use, 15 ft, and 51/ deolareoL ht. Leger Course.
61 sobs., 52 deoland.l The highest weight accepting being
Tlb, it hsa be raised to Bet 12th, and the ()then in pre-
vails&
AD st 1k Aga et 11
Illisahlster
6
i=e,l,k 4 8 811katose 9 Dr. Sete[S 11
4 1
airllegton ..... .... 6 6 illondta
6 4 Cuban S
E n
rlowsier
1 1 Bryn Oa 4
6 8 Dealel efOsestli . .. 3
Witt 6
4 8 Deeeptioa
6 Schoolmistress 3
3
Ibrannier Beg
isomers
Makeshift
0 2 [maws 2 1
01110nIPO
thfield
3 12 Barter
_ ...
3 11 Jack's Alive
$ U The lief $ 1

POLICE INTELLIGENCE.

BOW-STREET.

THE MUNDFORD OAME CASE.
At the Muntlford Petty Sessions, on Wednesday,
Philip Faller, higgler, of Thetford, who in November list
was adjudged' by the Roo. Francis Baring, the Rev.
Augustus Button, and the Rev. J. Allan Park,- three of the
judos' of that heath, to pay • pelty at with
U. 4s. Od. mete, foe Lavin been found in unlawful
and of certain pins, via, four rabbits, one hare, and one
partridge, was win eumenuned to be further dealt with
according to law," the said judgment having been affirmed on
appeal by the Court of Queen's Bench, who at the same time
mpressed a strong opinion as to the insufficiency of the evi.
&woe, a point, however, which the judges were sot called
upon to determine. It will be remembered that oe the
last occasion, two months ego, these was only one of the
oonvietiog jostles* present, the Rev. A. Sutton, and the
ease was further postponed for two months ou jliat account.
Ow this occasion the Hon. F. Baring, the Rev. A. Sutton,
and the Rev. J. A. Perk, were all on Ohs bomb, together
with Captain Amhoret, who was not present when the case
was orionally heard and determined. After the affirmation
of the judgment by the Court of Queen's Bench, under nix,
cumetaincee which will be in the recollection of our readers,
it was quite open to the eoevioting magistrates to allow the
law to take its course without giving any opportunity for fur-
ther argument in the matter, but they preferred to summon
Fuller before them again, to 'how cause why be should not
be sent to prison in default of paying the fine imposed upon
him, and the court was filled with persons interested in the

John Jones, a respects it rdressecClllllll, about 46 yews of j,
age, was placed at the bar on remand, charged with dealing
• number of leaden paper weights from the rending-room, j
the property of the trustee, et the British Museum.
ADIOS Scott, ono of the imposters at police on duty at
the British Museum, said Cu the Wes of August last the
prisoner was stopped as he wee leaving the building, asd
asked if he had any pr?perty on his parson belonging to
the trusteed. He sa4 'lt is no use denying it-1 did
take it," sad at the same time he drew Um; paper weights
from his pocket.
Mr. Henry—Have you made any inquiries relative to the
primmer?
' Inspector Seott—l have, your worship. He is a literary
man, and I believe receives pupils at his residence two or
three days a week.
Prisoosr-1 only yielded to the pleasure of extreme
Pouortt:
Mr. Henry—lt is of the greatest importance that an in-
stitution like the British Museum should be most strictly
Cototol- You um "It lam au **meat Person. You roost
that you were abusing the privilege which was ac-
corded you.
Mr. Harding. (the solicitor to the Museium)—l leave the
cam entirely m your worship's bands, feeling perfectly
certain that while you deal mercifully with the prisoner,
you will do all in your power to protege such an iostitutiou
as the Museum.
Mr. Henry—Have you say witneeses who saw the rob.
bay committed ; became it is way important it should be
widely known that no person OLD visit the reading-room
without some one of the attendants watching his move-
ments
Mr. Herding—Yes. We bad DO lam than five persons
wetchiag the visitors to the room that day.
Mr. Henry—Let me bear the evidence of one of them.
Hugh Castor, an attendant in the library department ot
the Baitish Museum, said—Last Saturday, in ceasequeoce
of the lam of a number of paper weights, four persons be-
sides myself were placed to watch the visitors to the read-
ing-room. Nose of the watchers °sold be seen. About 11
o'clock on the day in question 1 sae the prisoner eater the
reading-room and as he pared some of the tables
he laid his hand on the paper weights. He finally took his
mat at fif table, and then having taken out a book he placed
the weight on it to keep it open. He eventually took the
weight up, and having placed it in his cost pocket I left
the apartment. Notice was instantly given to the police,
and he was taken into custody.
Mr. Heary•—What have you to say to the charge?
Prisoner—The only answer I can make is that I was in-
duced to take the article under extreme pressure of desti-
tution.
Mr. Henry—You, as a man of education, roust know that
you have abused the privilege that was granted von. I feel,
however, notwithetandiog the reconimeodstion to mercy,
that I cannot sentence you to a lass punishment than three
=oaths' imprisonment.

OM.
10. Sewell (the justices' clerk) having reed the summons,
Mr. W. S. Walpole, of Beyton, who appeared again on
Fuller's behalf, said that it now became his duty to avail
himself of the opportunity afforded him by the beach to
show cause why their judgment should not be carried into
effect; sad before doing so he wished to state that in any
observations which he might feel called upon to make he
had no wish to came any offence to the gentlemen on
the bench ; he bad no desire to say anything which could
be deemed in the slightest degree offensive. The bench,
in the exercise of their judgment, thought fit to
convict the defendant of this offeoce, and he (Mr.
Walpole), not deeming the evidence sufficient to Ms.
tify a conviction, appealed toe higher court, who, although
they bad confirmedthe conviction, had expressed so
strong en opinion on the case that he thought the ends of
justice would be better answered by themagistrates yielding
so the judgment of the superior malt than by adhering to
their own decision.
The Hon. F. Baring—Mr. Walpole, I don't wish to inter-
rupt you, but perhaps in the course of your temerks you will
address yourself to the power of the magistrates to remit the
sentence.
Mr. Walpole—l am much obliged for the suggestion.
and am glad to see the matter met in that sprit by you. I
may be allowed to say, perhaps, that in your absence there
has not been exactly that kind of feeling displayed in the
treatment of this mos. When the beach were calked upon to
groat a case for the opinion of the superior court Mr. 'Sewell
was directed by you to let me see a draft of the case
before it was signed by the magistrates, but no draft was
sent ; and when I requested that several little alterations
should be made, those alterations were studiously refused. I
requested that •'bye.roods" should be inserted foe " bye-
wooda"—a palpable mistake, but that was refused ; I asked
that it might be stated that Fuller was a one legged man—
that was refused ; I wished it to be stated that no ~eta or
engines for taking game were found—that was refused ; the
am stated, also, that Fuller's cart stood near tbeplantatioe
without any use in it, which was not the fact. You were, I
believe, on the continent at the time, and were not aware
of my objections. I do not know whether Mr. Park and Mr.
Button were aware of them, but as alleveota the case was,
in my ooppintnion, improperly stated, and sot in accordance with
the evidence. Mr. Walpole went on to say that he asked for
the dish of the me simply that there might be nothing
wronkla it—that there might not be the slightest breath of
1.2100011 about it, sod that they might agree upon a case
which should be salsfactcm to both parties. However, they
went to the Court of Queen's Bench—not as to whether
the evidence was sufficient to justify a conviction, the point
which he bad urged upon the magistratesat the hearing, but
thequestion raised was whether, to justify the magistrates in
so convicting, it was necessary for sheen to prove the actual
trespassing of Fuller on Kr. Birch's lead in permit of gape,
and also to prove that the Rune fated in his cart was the
game unlawfully obtained by such trespass. The cans at last
came on for argument—he would pea over the application
to Mr. Justice Wightman and Mr. Justice Mellor—before
the full court, wish the Lord Chief Justice of Engliusel
presiding as its chief. On that occasion the Chief
Justice said that " this particular case be bad no
Imitation is saying that the evidence was much too
slight." The remark of the Lord Chief Justice
was so reported in the London pipers, the Times
also quoting an observation that a one-legged man could
hardly have been actively engaged in pursuit of gam. The
Lord Chief Justice also observed that " if the man had been
found out at hall-past three in the morning (instead of in the
afternoon), when he could only have been out for the pur-
pose of taking game and carrying it away, he should have
said that there would have been abundant evidence to con-
vict,' and thee he went on to make similar observations to
those already quoted. The ems me thee seat back to the
magistrates, to ask if the question inteeded for the decision
of the court was whether it was necessary to prove the
actual entry on the land, or if they meant to ask whether
the magistrates were warranted in coming to the con.
elusion they had arrived at on the evidence before
them. The =innates, acting cm the opiniou of
their legal adviser—for be (Mr. Walpole) did not sup-
pose that they took such %stop without advice--did not oak
the question whether the evidence was sufficient to convict
epos, sad oomequently the Court of Queen's Bench were
obliged to maim the judgment; but the judges again ex-
pressed their opinion that the evidence was " much too
alight" to warrant a conviction.
Mr. Baring—Did they express that opinion on the last
manioc
Mr. Walpole said that unfortunately he had sot the re-
port of the last proceedings with him, but he was assured
that such was the fact; and thia, indeed, was Mown by the
circumstance that the judges refused to allow the meta ap-
plied for by the magistrates' advocate. The Court of
Queen's Beach very properly desired to support the &M-
-UMS of magistrates, and if there bad beim anything in
the am to warrant such a step, they would undoubtedly
have allowed cats as a matter of course. But when Mr.
Flowers rue to oppose the application, Mr. Justice Mellor
said, "You need not be under any apprehension. Mr.
Flowers ; we are net going to allow outs." And this
was his (Mr. Walpole's) chief argument—that there
was sot sufficient• ; nod had that point boss put be-
fore the court, as was dose in a case at Nottingham—(yr.
Baring : Northampteaj—he thought there was no doubt
that the judgment would hays been reverse& In that case
„nets and engines for taking game" were found, and the
ledges held that there was evideom from which guilt might
se inferred, especially as they went out by night; but in
Fuller'. case they said that the evidence was " much too
slight" These were the chief reasons which he bad to urge
against the carrying out of the judgment of the magistrates,
whieb be had no doubt was m accordance with the bona
fide opinion of the majority of the bench, but which he
thought he was right in stating was not an unanimous
decision.
Yr. Baring said it was an unanimous decision.
yr. Walpole said he was not there oo the last occasion, but
he Inferred from an observation reported in the Barr Post
that the decision was rapt an unanimous one. But that was
DO matter. He had marched his law books ugh and
through, but he could aot find a 'Aegis OM wher en inferior
court—he did not use the word at all in a derogatory semi—
had taken upon itself to emit the opinion of a superior one.
In this nee be thought he might say that every judge of the
Court of Queen's Beach expressed the same opinion, and
he looked in vain fora cam where the unanimous opinion
of Ones judges had not been attended to. With respect to
the point to which his attention bad been specially directed
—the ability of the magistrates to remit the sentence—be
had no doubt whatever of their power to decline to carry
out the conviction. At the hearing of the case the Lord
Chief Justice, after stating that the evidence was "much
too slight" to warrant • conviction, said: "Upon the
whole, the case had better go back to the might-
trans to be restated, with that intimation of opinion."
What could be the object of that [MIA =lea
it was made with this view—a view which he (Mr.
Walpole) thought would have been adopted—that the Bench
would have instructed their counsel, Mr. Bova], to state at
the second hearing that they were themselves of opinion
that they were right is their judgment, but that after the
expression of opinion which bad emanated from the Court of
Queen's Bench they would allow the matter to drop! If
that were not the intention of the intimation, what con-
struction could be put upon it? And he contended that
ander these circumstances, for the reasons which be bad
adduced—when they sew that the Court of Queen's Bench
bad, on two separate occasions, expound a strong opinion
as to the insufficiency of the evidence, coupled with the
refusal of costa—he thought he might fairly urge
that the ends of justice would be better answered
by concession to the superior court than by sending
the defendant to gaol for two months in the face of the
opinion of the highest judges in the land. And now—not in
the way of taunt or threat, or with soy desire to control
their views—he would address to them a few words as
to the legal position of the defendant. If in the exercise
of their judgment they should thick fit to send him to
gaol, an application must be made to a higher authority for
his release. But there was also another point—and he would
again say that he hoped the bench would not consider it as •
threat ; beady wished to pat them in possession of this man's
reel positice, and be might tell them that legal authorities
whom he had consulted were of opinion that, is • case like
this. where magistrates, upon facts like these, and in deftness
of the strongly expressed opinions of higher courts, persisted
in carrying out a conviction, they were answerable for
the consequences in the shape of an action for malicious
°Deviation.
Mr. Baring—That is au argument which I think you had
better sot use, Kr. Walpole.
Mr. Walpole—Well, air, if you think so I will avoid
farther remark on that point. I did not desire to use any
threat, but only in justice to my client to point out hb
kind position.
Mr. Baring said they knew be must do his duty to his
clime
Mr. Walpole mid in conclusion that he hoped, when the
aniglinathe moldered their decision, they would Übe late
seenbiseaffisi those two poiuts—tbe unanimous opinion of
the Geed el Queen's Bench, and the infrequency of a
wean et telkoriee jou isdiadichoo attempting to override a
sewn 41/ womb, jurisdiction. With that he weak( leave
the eras to OW WI& of the beach, hoping that they would
demehat Ike Me of jostles would be suflicisatly MD by

a dismissal of the defendant, without soy punishment
beyond such remarks of censure or mution as they might
think fit to miasma to him.
The court was then cleared, and after deliberating for
about twenty minutes the public wore readmitted; and
The Hoe. F. Bariog Faller, we have oome
to the determination to bind you over to come np again
' at any future time at which you may be summoned. When
do we meet again, Mr. Sewell ?
Mr. Sewell—On the 30th of 'September.
Mr. Bering—Welltheo, we bed better Et the 30th of Sep-
tember. We do not at all wish to eoneed from you, Mr.
Walpole. that there M a pointer two which we wish to take
into consideration—which we wish to take adrift upon. The
defendant will therefore come up again co the 30th of Sep-
tember, when we will give our decision. Will another sum.
mom be necessary?
Mr. Walpole—Oh no, sir, it was not nenemary oe this
occasion. If you had thought fit to illitle your warunt
without heariog me you could have done so. 1
am much
obliged to the Bench for their courtesy in giving me an op-
portunity to address them to-day.
The Bench then directed Fulkr to be bound over In his
own recognizanoes of 101. to come up for judgment on the
30th September.—Bury and Norwich Post.