The Express.
London, England, 1868-09-21 00:00:00

ti (TILDE A LL.

Thomas Aran, cheesenionger, sad Charles Woodstea,
carman, were charged with stealing horses and carts from
Newgate Market. In the first case Walter Dunne, butcher,
No. 7, East-street, Walworth, had his cart stolen from
Ludgate-bill on Saturday, the 6th instant. He traced it
to Barnet Fair, where it had been sold for about a
third of its value. Fart of the harness was found
in the pormerion of Bevan, who had been brought to
London on the rbarge of stealing a gig. Bevan wa.4
proved to hate givim another man a ride to Barnet with
cumplainanep hone and cart, which he said he bought in
Spitahields. Wood tuck was charged with being con-
tented in Mi.. two:, tu having poNwasiou of part of the
barniPP.

Several other botcher. gave evidence of the lass of their
carts, which in some instances contained meat: and evi-
dence was offered for the porpte-e of connecting Wood-
Aork with one of the robberies. The carts were taken
item a whole string of similar vehicks waiting near
Newgate Market. . .

A 11 nuter nuister of Woodst.sh said there most be some
mistake iis the rvidtace which pointed to this prisoner
stealing one of the carts, as on the day in question the
Nrirouvr was et work fur %Antal. during thu whole ui the
uloth prisons., complained of the mean, adopted by the
police to get the witnesses to identify them. Practically
they were pointed out by the police to the witnesses
The police and mimeses tined the accusation.

lise ibriAoners were remanded.
XARYLEBONE.
_ _

Job. Mgr+, of IN, Cambridge-place, Paddington, ap-
peared to an adjourned summons, which charged him with
that he ••being the driver of a cart, drawn by one hone,
did back his cart, which he was then driving, up to and
dun by the side of the Junction-road toll-gate, and carry
through the said gets a quantity of goods, so as to avoid
the toll."

The evidence adduced on behalf of the complainant
slowest that defendant had traversed a certain distance
upon the road belonging to the trust, and thin they con-
tended, although be did not go through the gate, ren-
dered him amenable to pay the toll. They &leo con-
tended that it was an attempt to defraud by pulling up
near the gate and carrying goods through.
Mr. d'Eyncourt now gave his derision in the cane, and
have considered thin case, and am of opinion that I
cannot convict the defendant of the offence of evading
the payment of the toll. All the acts relatingto the sub-
j. ct appear to take for granted that toll is ooly payable for
laming through the turnpike gate. The General Turn-
pike Act, tell Geoige the 4th, cap. 77. sec. hi. after giving
the trueteea power to take toll at the gate*, continue-.
thus :-- "And which tolls shall be demanded and taken
befum any horeee cattle. or carriage shall he permitted to
IV-s through ally tollgate Or turnpike, side bar, or chain."
All the exemptione point to the some thing—pa-sing
through the gate. '11.• itenaltiee for evasion are for
evading the toll due. Then the question arises, due
for what = Ihe an-wer appears to me to he for
passing through the gate. It a 'tenon, instead of pa.,..aiw
through the gate after travelling on the turnpike. make.,
a al. tour unit again cone, to the turnpike road on Mae
oth, r-ids of the gate. with the intention of avonliug
toll, this I- eta ova-ion, 11 trick to avoid the toll die at the
gate. The not jeas‘ing thnaugh the gate. although wing
the meal on both earl..., is the fraud. The offenie is the
not pa--ing through the gate. In there're conaplained of,
the defendant hail no inteutionof paieing thegiate at all,
or using the toad with his vehicle on the other side of the
bar, and I do not find ally authority for Raying that if a
person travels within a certain di.tattee of the gate with-
out jawing through, be shall liable to toll. No doubt
the, efendant in this rime has dretcheal his right to the
utmost limit, but I cannot hay lie has done an illegal set.
Pervone frequently ride and drive on turnpike roads for
',leanly. and take care to turn round when they come
near the her. I never heard of this being illegal. or that
any distance was prescribed within which the toll became
payable. I therefore again come to the mneliteinn that
the toll in only payable for passing through the gate with
the vehicle chargeable, or doing some act which virtually
amount.' to pamiug through with it. The mammoth mud
he dismiteed.