The Express.
London, England, 1862-10-15 00:00:00

HUM /WIN AT LONDON BILIDGX.

Iwo sa.7.T.lisi-rt;icii:--en. sore.
To-sozsow—mcerdm tian.

LONDON, WEDNESDAY, OCTOBER 15.

THE Poaching Act of last session is working as
everybody who knows the rural life of England
and how justice is administered by the rural

magistracy" was sure it would. The Act itself
tempted justices just where they rather needed a

check. It was an invitation to give more effect to
that suspicion to which in game cases magistrates
were before too prone. It was constructed, we do
not say in disregard of, but in contempt loudly
proclaimed of that jealousy of personal liberty
which has been one of the best safeguards of our
national character. Seeing that it is the same class
which asked for the law which is now administering

it, we need not be surprised that the evils inheren
in the law are not mitigated in its administration.
At the petty sessions held at Halesworth last
week, two men, named NESLING and Starr,
were charged under the new Act—the first with
having in his possession, on a certain highway, a
net used for the purpose of taking game, being
suspected of coming from the unlawful pursuit of
game on land belonging to the Earl of STRAD-
BROKE tho second, with being there present aid-
ing and abetting him. We do not profess to
understand what is meant by aiding and abetting
a man in being on a highway or in having a net
in his pocket ; but let that pass. There appears
to have been no person learned in the law present,
and the proceedings, es will be seen, were full of
irregularities. The prosecutor in this case was a
county policeman, named Madan. This man
says : "On the night of Thursday, the
" 2nd of October, I was at four cross ways
" near Bnlcamp, a little before 11 o'clock."
What was he doing there t He does not say, but
his witness tells us. Lord STRLDIMOKE9B game-
keeper, a man named Easy, says :—" On the
" night in question I waslwith Eudorr." In fact,
the two men were for the time equally Lord STEAD-
'moss's gamekeepers. From this statement
onwards tho policeman appears in all the evidence
as a partisan bound to make out a case for Lord
STILLDBUOILE. The neutrality and impartiality to
which we are accustomed in our London Police,
men taught to look upon themselves as having a
strictly public character, and as being agents only
of the law, are altogether wanting here. Eudorr
says :—" I heard a gate go to at about a hundred
" and fifty yards' distance, the gate of a field in the
" occupation of the Earl of STRADBROKE, and about
" five minutes afterwards I saw the two men
" coming along the road." This was literally all
the policeman had to say for his assumption that
Use men had been on the land named in the
charge against them. The persons who opened
the gate might have been going in, or if coming
out, might have gone the contrary way and met
these two men on the road. But the policeman
says—" No, I should have heard anybody, one
" hundred yards on the other side of the gate," and
in reliance upon that sole indication he acted.
He says explicitly that he had no other to guide
him—" I took the net from them upon my belief
" that they came from that field of Lord STEAD-
" BROKE'S in consequence of hearing the gate
" opened." The inference was accepted by the
bench, and we now see of what kind are those
"good reasons" upon which Parliament permits
country magistrates to take away the liberties of
their follow subjects.
The possession of the net by NULINO was not
disputed. The policeman deposed : " I said to him,
" I shall search you, and see what you have got.
" On feeling in his pocket, I found a net, and said,
What do you do with the net t' He said,
" That belongs to me ; it is one I made myself.'
" I said, 'I shall take it away.' He said, You are
"welcome to do that, only when you have done
" with it, let me have it back again.'" In general
there was very little disagreement between the pri-
soner and the witness about the slender facts alleged
to have been observed, although the inferences
which the prosecutors violently drew from them
were strenuously denied. On one point, however,
their statements were in direct opposition. The
policeman said that when he took the net Nzsuiso
said it was a mackerel net. NYSLING denies that
he made any such excuse. There appears no
reason for doubting that it was such a net as would
be used for taking game. Nesuiro said in court :
" I made it to sell ; I make all sorts of nets. I
" can make a hare net or a mackerel net, or any
" other sort." The possession of this terrible

engine, apart from the imputation etneminli
from the unlawful pursuit of gioneorouki n tit
sufficed to convict its owpisr. I.3lgrieve atop is
what evidence this latter fact wairustimed by the
policeman. One of the magistrates, the Rev. H.
Owint, who appears to have exerted himself to keep
ths poundings within the bounds of fairness, in-
quired in what state the net wee, and the answer
both of the policeman and the gamekeeper was, that
it was quite dry. On the other hand, it was affirmed
that the field from which the defendants were sup-
posed to have come was dry. Some feathers were
also spoken of as having been found in the net by
the policeman and gamekeeper. NISLING declared
that there were none in it when it was taken
from him, and that the prosecutor must have put
them there. The policeman admits that he did
not see them when he took the net, but then, he
says, it was dark. The gamekeeper would not un-
dertake to say that they were fresh feathers. If
the feathers were not fresh they could not in the
least help to make out the case of the prosecutor,
who had to show that the owner of the net
had just oome from the unlawful pursuit 'ofgame in Lord STRADBROKE'S field. If the
witnesses had sworn that the feathers were
fresh, a great difficulty would have arisen, for the
prosecutors would have had to show what had be-
come of the game, since they pretended to have
had the men within their observation ever since
they left (as was alleged) the field. These feathers,
then, supposing them to have been in the net
when it was seized, prove nothing. Even that
experienced person the gamekeeper, when asked
by Mr. Owaw, "Do you believe the net to have
" been used that night?" answered, " I cannot
" say." There is thus, then, no evidence that
the men had been in the field, beyond the judg-
ment of a policeman respecting the bang of a gate
at a hundred and fifty yards' distance, and no evi-
dence at all that the net had been used.

The magistrates appear to have felt that the ceas
would not stand on the evidence, for the Chairman
asked the policeman, " Do you know anything of
" the habits of these men, whether they are likely
"to have been poaching 1" The policeman's re-
ply was as singular as the question. Of Nsin.nur,
on whom the net had been found, he said, " I
" believe him to be a notorious poacher ; he has
" always been named to me as such." Here is
rumour supplying the place of evidence. A police-
man was found to prove two convictions for
poaching against STAFF, and thus the
" likelihood" of the charge on which
they were brought up was established. The
magistrates withdrew for about ten minutes, and
on their retura the Chairman said :—" Your case
" has bad the greatest attention from the magic-
" trates." This is true, for two of them, the
Chairman himself, the Rev. W. C. Ewan, and
Mr. H. A. S. Berms, had eagerly conducted the
prosecution, violating every round rule of evideno'
to

~ get the men convicted. "And we have had every
" wish to give you the full benefit of any doubt
" exulting in our minds." There is not the least
evidence of the wish ; and as for doubt, none
was suffered to exist. " But we cannot allow
" ourselves to have any doubt in this case. You
" are found a long way from your own hornns "--
four or five miles--" with inliu ful
" manta upon you, and the ovideucn
" amply sufficient to satisfy the Court of your
" having been on land for the purpose of poach-
" ing." When no evidence at all is deemed to be
" amply sufficient," every kind of injustice may
be perpetrated by the machinery of the law.

. .
Mr. EDGELL concluded his harangue by sell:

tencing blzeurro and STAFF to pay each a fine of
51., or in default to be imprisoned for two months
in Ipswich gaol with hard labour.
Of these two men we know nothing beyond what
appears in the evidence. They may have no
claim to public sympathy on the ground of their
character and way of life. But in this case they
have not had the benefit of that impartial justice
which is the right of every Englishman. There
is more than the liberty of two poor men con-
cerned here. The character of the current admi-
nistration of the law is depraved by decisions like
these. The mass of the people in this country are
governed easily because they are penetrated by the
conviction, which daily experience nourishes, that
the law is administered for the common good, and
that even-handed justice is meted out to all. But
this Haleswoith judgment has nothing of an ele-
vated and impartial character about it. It is a
flagrant specimen of administration, in the spirit
and interests of a class, of an Act which is itself a
most paltry measure of class-legislation.

fbe eoun.

00BUB.G, OCT.

The Queen and the Royal Family continue
their daily walks and drives, favoured by uninterrupted
fine weather. _ _

Her Majesty and the Royal Family have paid frequent
visits to the neighbouring Cutle of Ragusa, the birth-
place and favourite residence of the Prince Consort.
The Dachau of Coburg daily visits the Queen from the
Castle of Wemberg, a short &stenos from Coburg, and
drives out with her Majesty.
_ _ . .

On every occasion her Majesty receives the most respect.
ful marks of sympathy from people of all ranks in the
town and neighbourhood, who entertain the stroogest affec-
tion for the memory of the Prince Consort, who wan most
dearly beloved by the whole population.

Despatches were received yesterday at the Colonial-office
from the Lord High Commissioner of the lonian Islands.
Despatches were sent to the Lord High Commissioner of
the lonian Elands.

Their Royal Highnesses the Duchess of Cam-
bridge and the Princess Mary left Cambridge Cottage, Kew,
yesterday, for Brighton.
The Marquis of Londonderry is suffering from
severe indisposition.
The Earl and Countess of Cawdor, who arrived
in town a few days since from a tour of visits, left town on
Monday for their seat in Wales.
The Earl and Countess of Craven have been
entertaining a succession of visitors at Ashdown* Park,
Barks, during the nest week. Among the company were
the Earl of Sefton, Viscount and Viscountess Grey de
Wilton, Mr. and Lady Evelyn Bruce, Colonel Bathurst,
Mr. Cecil Boothby, Mr. George Johnston., &c.
The Earl of Sefton has arrived in town from
visiting the Earl and Countess of Craven at Ashdown
Perk, Berks.

Viscountess Dalrymple was safely delivered of a
SOD, on Saturday, at Ler residence in Dover-street. Her
ladyship and the infant are progressing favourably.
Viscount and Viscountess Grey de Wilton have
left Aandowne Park, Barks, for Newmarket.

. .
Lord Rivers has arrived at Thomas's Hotel,
Berkelay-square, from Rushmore Lodge, war Salisbury.

Lord and Lady Colchester have returned to town
hoar visiting the Marquis and ifarehionme of Salisbury at
Hatfield House. The noble lord and her ladyship will leave
town to-morrow for Brighton.

The Earl of Derby and the Earl of Clarendon
paid a visit to Liverpool yesterday, and were received
by the Mayor, who conducted them to the chief place'
of local interest. Lord Clarendon, who is not No familiar
am Lord Derby with Liverpool affairs, being greatly inte-
rested. Their lordships made an excursion on the river,
and inspected the shipbuilding yards of fir. John Laird,
M.P. Amongas other places visited and closely inspected
was the site of the proposed government dockyard and naval
arsenal, at Trimmers pool, Cheshire, which has been sug-
gested by Mr. bird, M.P.

LATH3T OTTELLIGISINCE:

THE CALCUTTA MAIL.

The Madras advices extend to Sept. 14 ; those
from Calcutta to Sept. 8.
In the absence of topics of an engross;ng political
or military nature, Sir Charles Wood's despatch on
the subject of the sale of waste lands and the
redemption of the land tax, and the financial con-
troversy between that minister and Mr. Laing,
jointly continue to occupy the chief share of public
attention—articles relative to either subject ap-
pearing
almost daily in the Indian papers, the
majority being adverse to the Secretary of State
on most points at issue.
In the commercial report of the Calcutta
man we read:
We are very glad to hear, from almost every part of the
Punjab, that the prospects of an abundant harvest are such
as to warrant an assurance that both khureef and subesh
crops will be larger than they have been since 1857. The
breadth of land sown in all directions is said
also to exceed that of any pruMus year. Many
of what are in that province called rukhs (reserved
lands) have been broken up by those to whom they
belong, the government being, however, the great holders,
and there is a great desire manifested in an directions to
purchase those which are not private property for cultiva-
tion. It is said that cotton, unfortunately not so good
and clean as it ought to be, is being exported in considerable
quantities to Kurrac.hee, and our correspondent estimates
the probable amount for this year at 70,00) =undo,
or 2,500 tons. This is pretty well, seeing that
cotton has hitherto been imported into the Punjab from the
East. In the former years the cultivators are said to have
realised 500,0001. extra by sale of wheat ; now they are
likely to reap another most unexpected profit from cotton,
as the price has risen from seven, eight, and nine t,rpees
per maund to from sixteen to nineteen rupees ; the cl -
ference on the whole crop will be profit over and above that
of ordinary years. No wonder we ,hear that the Punjab
agriculturist is rapidly becoming independent of his
banker, and taking the management of his own money into
his own hands.