The Express.
London, England, 1858-08-19 00:00:00

1 LLINEE 011.dlICIND WITH roacHara ON

KM 0117 FARM.

At Rotherham on Monday the cam of Mt. Richard
cool proprietor and bran% suramoned for " bog
:sin of the Earl of Zffingliarit in search of coneys," cams
on for further Wrist and decision before a bench of magis-
trates, of which the Hon. and Rev. W. Howard (brother of
the Bari of Effingham) was chairman.
The ow rested on the =supported evidence of John WU-
SOO, his lordship's keeper, who stated that a little after seven
o'clock on the evening of the 6th of July he saw the air
Want and a labourer of his, named William Benin, walk-
fag through a field of clouding corn adjoining one of the
earl's rabbit covers, named Hudson Rough. They walked
with the cover, the defendant, who carried a gun,
relerapiteig about 16 yarda from the fence, and the other man
about 30 yards off. Witness told defendant it would not do
to be shooting there, and alleged that defendant replied,
" The rabbits are making bad work with the corn, and I
thought there would be no harm in Mlling_a few of them."
In cross-examination witness said the Earl of Effingham
did not allow any of his tenants to .boot at all, either in
seed time or harvest; not even to frighten pigeons or other
birds, however much damage they might bo doing to the
seed or crops. Witness admitted that the defendant bad no
dog and did not ll= and that neither he nor the other man
=Nitrating with stick., but simply walking through the
ow at a &tense from each other. He added that they were
la a likely place to find rabbits, and that defendant did not
say ha was there for any other pews.
My. Joseph Badger said that the defendant, for whom
he appeared, was tenant of the land under true, end
complained that so summery a muse should hays been
adopted against a gentleman ow ispy's; a considsrable
of land under his lordship, even If he had bee
as Whaled. Mr. Badger, however, sakedits
the defendant bad a right to kill the aonsys, the Sari et
Effingham having only la his kw reserved' all royalties,
and the free liberties of hunting, hawking, fishing, and fowl-
ing ;" whereas oonsgs were not game under the 7th section
of the Owe Aot, and were, therefore, not included in the
tutu " ties;"royal and farmers had a right, without certifi-
cate, to kill coneys when devouring their •crops, unless that
right was =weed by their landlords. Mr. Badger further
denied that Mr. &Rare wee in search of exam, though he
had a right to be; and sneered that be was merely there to
frighten away the birds, which, along with the rabbits,
were greatly damaging his mope, and that he did not
say what war Imputed to him by the keeper, but
merely " lem here to protect my corn, and ff you came
oftener to keep away the rabbits, yon would be bettor em-
ployed than you sometimes are.' On these facts the
magistrates found at their first hearing of the Web that the
defendant was in search of coneys. It was admitted that
coneys were not game under the 7th section of the GM.
Act, and the hearing was adjourned for inquiry se to whe-
ther the tennesii:'iFities" used in the leue included coneys.
Yesterday that was fully argued, and the
7peaidedzimitagspon. that coneys was not included rnarltet
. . asked isr the case to be dismissed.
Mr. en bleat al the Earl of Effingham, urged
that the bosh miaow the defendant thus to
=she the powers of /WWII Act, should alter the infer.
isaiiiiiinheill. illimegli;sCims" uldube alli;yleg
LE,
yes nabs sash an slawadon," for they expressly
desisted at hot allitac that they were Witted he was
in await el sone" Thm 'odd
coneys but gems be wash swat alsot now say It was wet
The Rev. W. Horned mil what the beach decided wee
that the deinalsat was awl In smolt of game as anything
she that sows in his way.
Mr. Badger, with some waleelk, greenest against the pro-
posed :alt
as appealing to Ow Inginnee' clerk and the
repteters as is
he magistrates bath' diehard, UAW that
he defeadaut was to esareb of maim. In ihe hos et hot
deabion It west be most =sca=ly sow to slaw Ow kiwis&
eke as
The =im. barb* sonsalted together, derided not
to el* the hionmatica, sad W[ fates the ow.
••
ilwase amp seldom Witham Sellars, the menet, was
also dimilmsd.—Yearieshr Guardian

Four steamers, which arrived here from the north
of Irefead daring lame weak, ware crowded with reapers. lb
ram ere getting three abilHage a day in the Lothians, balks
bed and board.—Oreenock ddwrtiser,