The Express.
London, England, 1860-05-28 00:00:00

COURT OF QUEEN'S BENCH.-MAT 26.

61afq~ ha Baneo.—(Before the Lard Chief Justine, Mr.
Jamifee Wicbtman, Yr. Justice Crompton, and Mr.
Jamaica Maekhan.)

This was crown paper day.
zx PAIM JOIN WILLIAM

Mr. D. D. KM••• moved, on behalf al ;ohm itaVann, •
the criminal pal, at Jersey, far • babes. mews
tri7lorial•gerin
up the prisoner, who bar been in coaliseureat linos
the llth of February last, 012 • charge of being • dinerter
trent the militia, al the id and.

In his 'Mar% the prhoner stator that he is by trade a
ti=7carpenter, end is 27 years of age. That by the
eleavey no me is liable to serve in the militia unless
he a certain number of "quarters" or "wheat
" or liaises he carries cs a trade, business, or profes-
sion on hie own amount ; or unless he takes arms as a substi-
tute for another, in which latter case he is entitled to re-
mho a seat of lye WWI or be supplied with food on each
rimy that Ito it ailed upon to do ditty for such substitute.
That he had never served in the militia of the island, al-
es the alms time he had been often warned (as it is
or had verbal notice to attend at the snemel to re-
-6477iLi wad =fakery aeooutrements for drill and ear-
vies. Tint he had been no warned to attend or the 9th
of September, 1859, but that he had not dome so.
TUC being spin warned to attend on the 12th
of fispesniber, 1869, he thereupon did attend,
male maw the drill sergeant, Yr. la Mattes, vises he
ins sod that he was quite ready to serve and de his
duty in all militia, but that his resew weld net allow him
to der so mains the proper allowance of pay wen made to
=unless he were supplied with food seoooltog to the
law of the Wand. The drill sergeant
them reported to the adjutant, Kr. Olbaut, all that the de-
bad told him, whereupon the adjutant, in the
of the deponent, mid to the sergeant, " Let him
aline ; let him go to the devil." 13 that Williamson
lama away, and whilst leaving, in • to the per-
minion thus given, the drill serpent called out to him, and
said, " Yon must attend spin on the 16th of September."
The deponent then went on to state, that that was the
only notice he had received to attend at the arsenal
on the 16th of September, and as he was not
afterwards warned by the officer specisal4=ted
far the and laving received such • to
leave ea the 11th of September as Were he did
not Woad on the 16th. That he hard no more os the sub-
ject until the 11th of Yikmay, 11110orben he wee arrested
and taken before the Boyd Gnat. Be thee pre his rea-
sons for ref usingto serve, and also exposed his willingness
to do so provided be knew for wham be was servingad
to whom he was to look for pay at food while' a.
But he was not allowed any ettmeals, sad all that be
was totally diengarded, and be wee on eandemmed to
pay a fine of 2s. ed. sterling for the but default, Be. for
the snood, and el further due of 10a, with all the expenses
for the third, and in default of payment to go to prima.
That fsihng to pay the lime be Wham committed to prison,
where he had remeined ever elan.

The learned counsel now submitted that
of the objection that Williams was wrongly to b=
became of his not bass liable to serve to tie ha was
entitled to be released, bemuse by the order et the court
the prisoner was ad judged to be imprieend tar an bidsinite
period. According to the order Williams was be peg He. 6d.
as deer, together with the expenses, and to dells el pp
mod he was to CO to prison. The man bed been la pries
already ever 100 dap, and he woe liable to be kart the,. far
ever according to the wording of the order. The order
ought to have been made out either invprimennent for a
certain definite period
pt in default of payintat, or imprison-
PIP until the contem was purged by payment.
Their kiniships were of opinion that it would be tie better
coarse to make further inquiries as to what was Um import
of tie conviction by the Royal Opera It might be, the
ient was only to last until the lee was paid. That
jjeeatwaold be pined by granting a rale aid to be directed
to the viscount of the i land sad Um poke el the °A-
nibal pal, at the same time that the heavy expenses at-
tendant an the issuing of a writ of habeas corpse would be
avoided.
Ruler aid accordingly.