The Express.
London, England, 1862-04-09 00:00:00

11,1 us foot. The appollatit asked them if they were
iv". item mot up..o remivimi an answer io the
ehriusuro, admitted them. rho magistrates held
th.,i the arm pence. who won sot commetsd with
the 1111 l adios, basin walked a few maw for mouosmimit or

rirrtsei, were Dot traveller% and that it was not the Mies- I
tc.a .4 the legislators to open public-booms on Sundays to
per.ous limos a few mike away, and who might have
...died that dndanoe foe maims, and they therefor. Seed
the appellant Is. and nodes, In that ease the decision of
the magistrates was eat adds. Now what was the differ.
elltV between that ease sad this! The persons in the de-
fendant's house might have tildes four miles or walked
lour miles, ma the probability was in favour of the latter
assumption. What was the distinction in the ease that he '
had cited different to the privent! 'The landlord might have
nos deceived errs if he had asked if they had been '
travellers. to the •.se be had quoted Justice Wil-
liams ioquired what was a traveller. and the Lord
Chief Justice took it that if the person was knows to
be a pariahioein, the coovieliao would be tolerably safe,
for it would not do for a teen who was knows just to Map •
arrow iota the neat street to get driok. What are the
fern! Hen are two police-constailles who are unknown.
They start from Holton about 9, sad do not get to llornasy
uctil 12. Are they not travellers! It is impoesible to coe-
rcive that they did oot look like travellers. The question
r', whether in serving them the defendant has infringed the
his ! It was quite cleat that if they called at his house,
sod wen travellers, and had not been served, the &feculent
would Isere been open to an indictment. Where it
the evidence that the parties in the house were
fed travellers ; and if he should prove, which be was
qoite able to do. that they were travellers, then
there must be an end of the summons sod to the complaint,
for what was the defendant charged with !—" For opening
his house for the sale of beer before the hour of I
on Sunday, the same not being then and there for the re-
freshment of travellers." If the magistrate should think
that he was bound to all wits/Nees, he should do so;
but he should have to ask for an adjournment for that

PuT.liould -Why not call your witness to-day! Yon
should have been prepared.
Mr. Lewis said the sumnicas was not served until Satur-
day night. If the magistrate should be of opinion that the
011%14 lay on the ionkeeper to prove that the persons were
travellers, then en adjournment must take place, for he
could prove incontestably that such was the fact, and that
they were travellers within the meaning of the act. It was
no Mythical statement that he was making, for he had the
names and address of the pesos there, and where did
they come from ! the City, some from the Gray's-inn-raid,
and others from a longer distance. When they tad reached
the defendant's house they were undoubtedly travellers.
Mr. Mould—The defendant's bons is perfectly in Lon-
don, aal is only a very short distaoce from Highleary Bern.
The Holloway•road runs parallel with it.
Mr. Barker—l shall undoubtedly consider that this is a
see in which I shall soviet.
Mr. Lewis said be should call witnesses to prove that
when they had got to the defendant's house they had
walkal four miles, and that, with the ionrney, would make
sight Surely a man who walked eight miles was entitled
to pessary refreshment.
Mr. Barker I consider that there is sufficient evidence to
justify OM in convicting.
Mr. Lewis said, if that was the case, be should ask the
magistrate to admit the facts he had stated in the case—he
should ask him to Mee them—as he should certainly Mks
the cue to the Court of Queen's Bench.
Mr. Barker—l have told you I shall convict upon the pre-
sent evidence, but I shall not my what part.
Mr. Lewin—Notwithstandinghe had not called witness.
Why, the police Lad travelled over eight mils.
Mr. Becker-1 decline to say upon what grounds. I 'ball
tv• quite safe in convicting upon the evidence as before SO
at preset.
Mr. Lewis, remarked, that what he wanted to piss
before the Court of Queen's Beach was the fact, that 'Me
police found in the defendant's house 18 persona who kg
travelled altogether eight miles.
Mr. Barker— If the 1$ pesos were to come upon theft
evidence alone I should convict the defendant. I see that
you and the defendant are not satidlod with my law. and
shall inflict a penalty.
Mr. Lewis—Ye:Wing that matter he hoped the ails'
{rate would not inflict a high penalty. In the ease of
Taylor.. Humphrey., the Birmingham case, the Fe=
indicted was on la, tad that was only done to
the rase to he taken to the mart above. lie might elate
that, pending the appeal. the defendant wouLl of course
eoadnet his bushier in accordance with the decision hid
down by the magietrate.for he bad not the slighted wile to
sat himself up against the authority of the law.
Yr. Barker—Then I shall tin the amount of the file at
2A.

Yr. Lowis—Yon need Dot pas' that now. He then added
that be should glee the magistrate twins of appeal is
writing within three days.
M. Mould—The mousy moat be paid sow. What do you
lay in default!
Mr. Barker—Or in default et payment sloven days impri.
orearat in the Homo of Correction.

lb. Job Balmer. the proprietor of the Ifighburppark
Tama, Highbury, in the pariah of Isliogton, was also
ememoned. under similar eireutustaome as above, and for
the Mae day.
The defendant pleaded guilty.
Police onsteble Gould, 58 N. said—On Sunday, the 30th
et March. at tel minutes to I, I visited the defendant's
beam. I foiled eight men in front of the bar. eleven in
the parlour, and eve in the taproom, all drinking and
smoking. The place was crowded, and there were several
persons in the gardens at the rear of the house.
Mr. Mould (chief clerk)—This is really too had ; it is
carrying the matter on wholesale.
Mr. Barker inquired where the defendant's house was
situated'
Mr. Mould—lt is in the Green Linea Ilightnu7, and is
about as much out of town as Ounberwell or Keseingtos.
Mr. Barker remarked that be was acquainted with Ken-
sington. and should not consider that out of town.
Mr. Mould (to the constable)-Were you served with any-
thing to dnok !
Notice-constable Gould—Ys., we WIMP arra with two
'lames of ale. which we paid for. Defendant was behind
the har. 1 was in plain ektheu I ambled the defendant it
he TM aware that he wee Writes; the law. Ile said be
Ina very sorry, but he had been a bankrupt, and was doing
• little to nuke the mosey op again. (A laugh.) I entered
ths house by the back door in the garden.
?ohne-constable Maynard corroborated the preceding
witoses's statemeet, and added that he was ales out of
uniform.

Mr. Barker ioquirsd how the defendant's house had toss
conducted
Inspector Cotter, N division, said the defendant had
sever before been summoned.
The defendant, in answer to the charge, mid he opened
th. door for his chi Wren, who had just returned from school,
and the persons rushed in. Ile thought it very unfair that
the polies, should be sent mill, disguise to entrap patiticomo.
Mr. Mould remarked that this was worse ems them the
other, for there were houses all round the defendant's boom.
Mr. Harker I shall indict the same penalty, with costa,
as is the other ease. I really would recommend you to be
careful how you coudect your ben for if a similar corn-
plaint is mita mode before me 1 sWI be much more
severe.
The &realist—Yoe will tint 6nd me hire again. My
boom i• at the side of the New River, sad has large gar.
dens at the hack, and the people the idioms& saw there
were fishing.
Charles Robertii,the keeper of the King's Arise boor atop.
King a.rcwl, Illarkstock lase, was eneunosied tortsvin hie
house open c a rilsoday, the 30th ult., before the Ifrasz of elm
in the altertume, the eame out being for the refreshment of
travellers or ldger. therein.
The defendant pleaded guilty.
Mr. Mouhl remarked that the defirodant's home was only
a short distance from the Iforusey Sluice Hems.
Potioe.souttabio 1)ould said he visited the dotootioat's
boon, awl food thirty seven men in frost of the bar, sod
ie a shed by the Ode, drinking and smokieg. The defend-
ant was them, and said be was sorry. He went to the
house alone with his be. then constable out of uniform
Mr. Barker —Did you have a maw of ale there?
Witoms—Yea (A laugh.)
Mr. Barker inquired the character of the boon, sod if
the defendant hail before been summoned ?
Inspector Cotter add the defendant had not long bad
the house, awl had not before been sormaceed for Sunday
. .

said be ■bnold make no distinction is tae
ranee, cud hoed the defendant :Ma and costa.
Sir. N, old told the defendant he bad better be cenfol.
f..r he ran a great risk.
The tine raa raid.

WEATHER

EZPORT.-(711121 DAY.)

IT. MIMI 11. OWL