The Express.
London, England, 1859-06-11 00:00:00

ILI CONVICTION UNDlit TEA 04N3
LAW&

(From the Bay Pat, June 7.)

At the County Petty &Won' on Jane 1, before
J. J. Bevan, Hooper Wilkineca, 3. 8. Phillips, and G. I.
Bevan, Errs., George Rogers and John Rogers, of Pekes-
him, were charged with having fa their posession • certain
pbeesint, (the same not being kept in a mew or breeding
giars), on the 26th of May, con=the statute.
Mr. Walpole appeared for the
Police-constable Edward Cole deposed—About three in
the teaming of the 26th at May I was on duty on Pekes's=
Pm, when the two defendant. came past me. George
Rosen had a phament sicking out of his pocket. I said to
Jam BMWs. "Is that the only one t" and he replied,
" Tes." I afterwards followed the two defendants to
fitnespy " Nann's boom on the Pm, and told them
wanted to see what they had got. I took the pheasant from
George Rogers in Nutin's home. John had nothing as him.
I then went to the stales with there, end saw the soperin-
Seident. end then they went home. The pheasant was alive,
sad bed a mare epos It. wing.
Craw-ezantintri by Mr. Walpole—l am not a gamekeeper
es well se a police-officer. The pheasant I took wee a wild
one. I have so instructions from Captain Byer or my gaper-
intendent to take • man if I see Ida with • head of game. I
did eo of my own free will. When 1 drat saw the defen-
dants they were on the road, going toward! Nenat's horses
which wee about half • mile off. I lost eight of the men
after seeing them on MO Fen till I saw them at Nunit's
beam. They admitted me freely Into the hones. The door
led been kit undone, and I walked in. George Rogers had
the rheostat in his hand when I took it from him. Noma
and the two def.nd.nts were there. George Rogers went
-
‘e hold of hint fr.-

to the station• house willingly. I del tilts ... for a
little way °melds Nunn'a boms. The men were not in the
station an hour, we yet • half, I should think. The super-
intendent told them they might go, and the door was opened
for them. My mate was with them in the station, but not
all the: while. I bad nothing to do with John Rogers,
except that I asked him to go down to the station.
The pheasant was produced In court by the pol looconatable.
Mr. Walpole, for the defence, submitted that =leas the
magistrates were satisfied that the pheasant was a wild one
the case would fall entirely to the ground, for the act of par-
liament made It lawful for any pergola to be in poasesaion
of birds of game kept in • mew or breeding place.
Mr. Sparks maid it wasj lecumbent on Mr. Walpole to
prove that th. pheasant was a tame one.'
Mr. J. J. Bevan said they had had no proof that it had
bees kept in • mew or breeding place.
Mr. Wilkinson said that the pheasant having a mare
apes it, the impression of the bench was that it was a
wIW 0011.
Mr. Walpole said, if stash was their impremies, be would
sot aostmi farther on that point, but he would ask W. beech
If they were satisfied that both of the defendants were guilty
of the offence with which they were charged. There was no
doubt that George Rogers bad the 'Moment in his posteselon,
but was them any evidence to show that John Rogers was la
any way implicated. This was the first time In the whole
mum of his experience in which snob a charge was sup-
ported solely by the rvidenoe of a police. constable, who fol-
lowed these men to Nunia's house, took the game, and then
mast illegally and =justifiably took them to the police-
statioa at laworth, where they :emitted =tit they were die-
Mimed by the superintendent. He characterised this as a
Laurent and outrageous violation of the liberty of the sub-
ject, and usurpation of authority on the part of a polio,-
ottlem, for so parson whatever had a right to take game, or
to street and imprison a man, under Foch circumstances.

Nor could any one, not even the Bench of Magistrates,
incarcerate him for one minute in prison, if he wee
prepared to pay the fine which might be imposed. Re would
request the bench to consider whether the
of the pheasant by George Rogers could be held to ptesliim
essees
ion by bath the defendants, who were quietly prootediag
along the toed, ounimitting no treepam, when they Imre
stopped by the policemen, who took upon himself to exceed
hie-duty In the manner he (Mr. Walpole) had stated.
After consaltetka the bench convicted both defendants,
sad Indicted a pen•lty of 11., with ita, costs, in default two
months' imprieonment.
Mr. Walpole subsequently applied to the bench under the
20th end fist C. 43 to grant him • cue for the opinion
of the Court of Queen's Bench on the legality of the cuovio-
tion of John augers, on the grounds before urged, zuunely,
that there was no legal evidence whatever against him to
support the conviction, or to show that he over bad the
pheasant in his puma lesion or under his control.
The bench, alter a long consultation, declined to state •
case.

BLII.ISING A DUD CHILD.—A can of conceal-
mot of ldrth ems brought before the megistrates at Men-
°hewer on Thureday. The accused ewe sisters, both mu-
pkqed in the IlefVloll of a family at Old Trafford, and oa
Sunday morning I.st one of the girl. suns delivered of &child.
La the evening they left for their hams, at Dutinlield, going
in a cab, and cartyieg with them a leather bag. The new-
born child waa in the bag dead, nodose of the miters put the
body ander tLs grate at home to consume it. The mother
alleged thus she we. unconotious of the whole tresses-Ikm.
The other sister asserted that the child wee still-born. The
mother fainted during the elimination, gad the tees was
deferred la order that the depositions might be completed.—
Efertebestev Examiner.

FREIDOII OF THE CITY TO LORD ELOIN.—At a
see of tits Court of Common Council, held yesterday
Mr. •fdetmaa Cubit; pursuant to notice, moved, " That
Um freedom of this City, ins gold box of the value of 100
alstasee, be pretested to the Hight Hon. the Earl of Elgin
sad )(meantime, K.T , la tesiiinony of the high sense enter-
Weed of tee impnstant swims rendered to this country and
its commerce in Cicada, ChM*, end Japan." Mr. Deputy
Harmon cordially &scowled the motion, which was carried
new. row.

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