The Express.
London, England, 1868-12-08 00:00:00

BOW-817itEkr.

CRUNLTT TO BIRD& —NO .71711111DIOnON.
A gentleman made an application to Mr. Vaughan for
the purpose of ascertaining if there were any means to
prosecute a certain hawker for cruelty to birds.
It appeared that the applicant had his attention called
to a man standing near Temple-bar selling what be pur-
portedto be a tams bird. The man held on his finger
ierd, which a y had no inclination to fiy away.
The applicant t one some time back, but on examin-
ink the bird, discovered that it was totally unable to fiy,
owing to t
eedpm under the wing having been mapped
iiser, completely drawn away. This process
must have caused conaiderable pain. The man lives near
Shoreditch, and oases up frequently to the Strand with
one of these " tams " buds for sale.
The applicant wished to know if this man could in any
babe prosecuted, either under the Cruelty to Animal.
A or b obtammg_ money by false pretence& Could a
' in be denspiated an annual
Mr. Va in the negative.
was
le. The a ' = that encouraging cock-fighting
p
Mr. Vaughan said there was a separate act of parlia-
ment to that effect. -

iir.VangiurnWnsulted the various statutes, but could
find no jurisdiction, as the birds sold were neither
animals nor dogmatic pets, and the case did not fall within
the provisions of the act.
The applicant thanked Mr. Vaughan, and departed.

THAMES.
STEALMO • HORSE •.YD CA.= asp 5001. WORTH or

Ri,Aar,l 8647 y, a carman , was brought up on remand
before Mr. Benson charged with being concerned, with
others. in stealing a horse and cart and 24 bags of cochi-
neal. value 5001., the property of Mr. Walter Hartley, a
licensed and bonded 01:1111111, of Lower Thames-street.
The prisoner was in the service of Mr. Hartley. and on
the 2311 of last month he received 24 hags of cochineal
of two persons at their warehouses in Spitalfields, and he
was to convey the same to Fresh-wharf. He went
out of his direct route to that place, and
stopped at a coffee-shop in Leman-street, Whitechapel,
to partake of tea. While be was in the coffee-
shop his horse and cart were driven away. It was sub-
mitted by Mr. Charles Young, for the prosecution, that
there was something more than negligence in the conduct
of the prisoner, and that the robbery was committed with
his connivance. After he was informed the horse and cart
were gone be returned to the coffee-shop and finished his
tea. The horse and cart, without the 24 bags of cochineal,
were found in Stratford. Esse:. It was also urged against
the prisoner that he ought to have given immediate in-
formation of the robbery at the Leman-street station.
a few yards from the coffee shop, instead of which he
proceeded to Seething-lane station=lionao in the City.
Mr. Hartley said he had offered 2.W. for the recovery of
the cochineal and the discovery of the thieves. The pri-
soner ought to have driven direct to Fresh-wharf after be
received his load of cochineal.

Mr. Gomm, for the prisoner, contended there wee not a
particle of evidence to sustain a charge of felony against
the prisoner.
Mr. Benson could not say there was anything more than
neglect to be attributed to the prisoner. He did not think
any jury would convict the prisoner on the evidence before
him. He must take the prisoner's own recognisance to
appear on a future day.

RE(APTITE OF THE FENIAN O'BRIEN.

CORK, DEc. S.

The Fenian •• Captain " P. K. O'Brien, arrested
two months ago for attacking houses and carrying off
firearms, but who escaped from Mallow Bridewell after
ccmmittal for trial, was recaptured yesterday evening in
the ueigbbourbood of Kanturk.

THE LOSS OF THE WEER-VIA.

(BY TELEGRAPH.)

WICK, DLc. 7.

The machinery of the Hibernia steamer, New
York to Glasgow, broke down 700 miles off the Irish
coast, when those on board took to the boats, five in
number, the master's boat and another, both containing
.51 persons in all, were picked up by the Star of Hope,
bound to Aberdeen, the master landed at John O'Groata
and proceeded overland. He reports having seen'one
boat with 33 persons in it get swamped. Two other boot•
containing 60 persons are still miming.