The Express.
London, England, 1849-12-07 00:00:00

doing ambles sites I had been enlisted. I bad not got my
uniform and accautremente. I had on my farming c'othes
I bad no ribbon in my bat. It wee dialog of eracon church
when I spoke to Walton. We were waiting to get into the
Plough. We stayed from half-past four to halt past seven.
We wr re taking a comfortable pipe and talking, and we did
drink some. 1 paid for some of the drink. We drank be r.
I cannot say bow much. We went awry together.
I gave him the shilling about half an hoar before we win.
There were other persons drinking. No other soldiers. It
was precisely half-past 7 when we went. I was going
home. I was quite sober. Ido not knew if say eine who
saw us deistic' is hare to-day. I did not see Woken safe
' home. He lived about • mile from the P.ough. Two men
did not see him safe home. I never saw them. I cannot
say bow much I tali for the !kart I seam* say how
much money I had. I got the shiliieg from the bombardier.
I cannot tell what I paid there. The publican saw me give
the shilling. He le not here. I had not been drinking be-
fore I went to the Plough. When I wevt to his house on
Monday about ton o'clock he was up. I retuned on Tun-
, day to Sutton, and found him in the field. Crews, who was
' with me, was in uniform. We stopped till be left off work,
at half-ipset two, when he pot up his horses and came with
a. We walked to Ipswich. We went through Wood-
bridge. I was not one of those who handcuffed him. I saw
it done, at his house. I cannot say what day it was.
I Joseph Hutchinson—l am • bombardier in the Royal Artil.
I be,. wag with • recruiting perry at Ipswich in 1848
I Deckhouse was • recruit. I gave him leave to see his
friends. I directed him to enlist any young men be thought
I likely to suit the service. Oa the Monday Backhouse came
back to Ipswich, and told me he bad enlisted • young man
who would not come with him. He told me his name, and
where he lived. 1 filled up a printed notice to be Keyed on
him. This is • copy of it. I gave it to Gunner William
Crowe. Crowe and Backhouse left Ipswich on the Tuesday ;
en the lime evening they brought Wolton there. I found
him • billet for the sight, giving him orders to come to me
at 9 o'clock the next morning. He did not come, so I went
Is his billet but did not find him. I sew nothing of him the
mkt day or the Wednesday. On the Thursday, 20th,
Crowe, Backhouse, and I went to Sutton to look for him, but
scald not find him. I afterwards went to take Wolton as s
deserter by direction of Captain Freese. I went to his father's
lime, and watched it daring the night. I
took him the next morning, 27th, to Ipswich, and
lodged him in the county gaol. The same day I
went before the borough justices, who told me to go before a
meaty justice. I went before one, who directed me to go
Woodbridge. On Saturday. the 29th, I took Wolton before
• justice (Mr. Thomas) at Woodbridge; Mr. Powaall was
there. He would not either commie him car dieeharae him.
I took him back and lodged him in the county g.ui 'Ann.
Mr. Pownall wished me to take smart money. I did not
take it because I could not do so on my own responsibility.
I told Mr. Pownall I could not, as he we. then a d.eerter
pest the usual four days. On the Ist of May I took him to
W guardroom at the barracks at Ipswich, as a &teeter. I
signed • paper and delivered it to Lieut. Burton. I asked
Welton when he first came to Ipswich why he did not come
on the Monday ; he told me because he was advised by his
master that a Sunday enlistment was illegal. He said he
Mated Backbones two hours before be would enlist
seked if he was drunk or sober, and he said h
hem had
willingly enlisted.
Crose-examined—l have been on the recrng service
three years ; not always at Ipswich ; at Norwich and the
county of Norfolk. I have only allowance on recrui's when
I enlist them myself. It Is 12a. 61. The recruit who en-
listed Walton would have got this sum. I should have got
me share. The only borough magistrate I went before was
/ir. Sampson. When we went to arrest him I was in
nalforni, with my side-arms or. We took him in bed. I
had asked him to get up. He would not. My sword was
set drawn until after the handcuffs were en. I marched him
of with drawn swords.
William Crowe—l am • bombardier in the Royal Artil-
lery. I went on the 18th of April to Sutton with • notice,
sod served it on Wolton. He came back with me. I went
to look for tim on the 20sb. I did not find him. I went
wi-h the escort to apprehend him.
John Freese—l am a captain in the Royal Art llery. In
April and May, 1818, I was in command of the recruiting
parties in Norfolk and Suffolk. 04 the 23rd of April I re-
ceived • report from Hutchinson about the recruit Walton.
Hutchinson was in charge of a party. Backhouse had been
enlisted, and was a soldier of the Royal Artillery. On re-
(siring • reoor from Hutchinson I made an spplicatioa to
the adjutant of the 3rd battalion, for which I was recruiting.
I received an answer. In consequence I directed Hutchin-
son to proceed against the recruit according to the regula-
tions of the service. I received a written commun:cation
from Lieut. Burton, Adjutant 16th Lancers. I went to
' lrswich on 6th May. I was there on the 70. Major Gavin
was not there. I oceupird his quarter,.
Cr se-examined—l did net see hider Gavin when I first
went there. I was there from Saturday to Monday after-
noon.
The notice to the recruit was then read.
James Burton—l am a Lieutenant in 16th Lancers, and
was Adjutant in May, 1848. I remember Wolton being
brought to Ipswich Barracks. He was treated as a prisoner
usually is. He had • bed and bedding brought from the
hospital, as he had non.. I asked him if he was satisfied,
and he said he had no compleinte. Bombardier Hutchinson,
who brought him, gave me a paper, which I believe is de-
greyed. I copied it intv the orderly book, and signed it.
It is called The crime," and is copied every day in the
guard report. The paper charged the prisoner with de-
-114 ring.
Cram-examined—The hospital is in the barracks. I saw a
lied taken down to the cell. I cannot remember the day.
This was the case for the defendant.
Mr. Justice Coleridge, in summing up, told the jury that
the question was whether the defet.dant was justified in re-
ceiving the prisoner into his custody. The defence bad taken
two shapes, and if either was sustainable, there must be a
verdict for the defendant. The article of war referring to this
su4ect, although part of an set of parlisment, must be tain s
to mean that the prisoners ri paired to be received by officers
must be suck as were amenable to military law, and there
could be no defence here, unless the penile in custody was
within the Mutiny Act. II he was, Major Gavin was ntt
e.lled on to inquire into the previous proceedings, if he was
brought by • proper authority. This was no novelty at-
tached to military law, but ran through the whole of our
law. The gumless whys ther the plaintiff was a military pri-
soner depended on whether he was a recruit, and if so, he
had abocended by not returning within four days to go before
• magistrate. la that case, although he was not curium,
and Ahem bad been previous irregularities, then
he was • soldier within the act and a deserter,
and Major Gavin was justified in receiving him.
It was not disputed that he had been brought to Major
Gavin by a person employed in the recruiting service, who
brought a written charge of the crime, and who stated that
he had brought him by the order of his commanding officer.
If he was a recruit depended on the construction of the
55th section of the Mutiny Act, which provided that per-
sons receiving enlistment money from duly authorised re
cruiting officers or attested soldiers, should be deemed
Folders Here he had been enlisted by a person, who,
although there was no direct evidence of his having been
attested, it was for the jury to say whether there was not •
presumption that he had been attested.
Mr. Cbamben tendered a bill of exceptions to the ruling
of the lea' ned judge, on the ground that he should have
told the juey that there was no lawful attestation of Back
h use, by whom the plaintiff was enlisted.
The jury retired, and on their return gave a verdict for
the defeedant.
I The case occupied the whole day.
of

SHERIFFS COURT.-YESTERD
Buns.. x.. lhamisersirr Bracsats.
FILOCLAYLATIOW Or OUTLAWRY.

- -
At the sitting of the court the following persons were
called upon to surrender under renalty of outlawry :
Helen Hammen, at the suit of Isaac Heise ; Robert Wyse,
at the suit of the Right R •v. Nicholas Wiseman ; George
Gorden, at the suit of Cherie' John Chsehyre ; Carlo BOr•
honne, Prince of Capus at the suit of Alfred Mibineen;
Robert Beecher Steward:, at the suit of Richard Ponder ;
William Carpenter, at the suit of Peter George Pawnor*;
Annette Townebend, at thl suit of Richard Williams; John
Moseleyßiakes, at the suit of Jamie Ives Burbidge ;
Re-
ginald Hare, at the suit of William Hillingworth Redd, a
and another; Launcilot Russell, at the suit a Frederick
Dsfaure • William Wright, at the suit of Heney Lindas ;
William 'Wylie, at the suit of Justinesa Adcock; Phillip
John Datil, at the suit of William Seebeck Hodge ' • Frede-
rick Hennlngson, at the suit of John Doe: John Richard
Cook, at the suit of Within Cu: and another; Robert
Clifton, at three suits of three different creditors, via., Pfau,
Baron, and Brennan ; George William Finch, at the suit of
Richard Kirkman Lane; and Janus Barr Mitchell, at the
suit of Leonard Koecker.
Several causes were tried, but they did not merit a
report.

POLICE..-Y6BTERDAT.