The Sun.
London, England, 1863-05-02 00:00:00

THE MAGISTRACY AND THE MILITIA,

At the Worship-street police-court, yesterday,
Geo. Taylor, Frederick Taylor, Frederick Richard-
son, and John Burns were charged with being
deserters from the militia.
On Friday, the 24th tilt., these men were brought
to this court by police-constable Jennings, 247 N,
who stated that they were given into his custody
at the Dalston barracks as deserters, and that they
admitted having been absent from the last training
on May 8, 1862.
The evidence of Sergeant Garton was taken as to
the fact, but he could not state whether the men had
been furnished with notice to attend. One of the
defendants asserted that he had been absent at the
time required through sickness, and the others that
they were in different parts of the country where
not any notice had reached them. Mr. Leigh, the
magistrate, questioned them as to the possibility of
their proving their statements to be truthful, and
on receiving an assurance that they could if allowed
time, he admitted them all to bail in their own re-
cognisances to appear that day week. The follow-
ing morning, however, during the hearing of the
charges, there was a sudden clabg, produced by the
grounding of firearms, and immediately afterwards
the four men were marched into court and placed in
the dock under an escort of fixed bayonets.
Sergeant Hopkins, of the militia, in reply to Mr.
Leigh, said the men had been ordered to be brought
there by Col. Grant on the charge of the previous
day.
The magistrate, manifestly astonished at such an
irregular proceeding, again directed their liberation
upon the former recognisances.
They left the dock, but the fixed bayonet escort
took possession of them, the men fell in, and the
party left the court as it entered.
Thus far, although the proceeding was unusual,
it was apparently deemed consequent upon error;
but now, on the men again making their appearance
in the same manner as before, everyone present
clearly evinced great interest in the proceedings.
John Haldon, a sergeant of the Ist Tower Ham-
lets Militia, said—These men gave themselves up as
deserters from our regiment. They were allowed
on Friday, the 24th ult., to leave this court on their
own recognisances to attend this day. By order of
Sergeant Garton they were Apprehended in the
court while so leaving. On the following day, after
a like decision by the magistrate, they were again
apprehended by order of Sergeant Hopkins, and
conveyed under escort to the guard room at Dalston
barracks, having been in custody ever since, and
are now here under escort.

Mr. Leigh—Then I consider that a harsh and
illegal course has been pursued towards the men. I
understood from the first that they desired to be at
liberty for the purpose of adducing evidence in de-
fence of the charge against them, and I permitted
them out on their own recognisance for a week to
enable them to do so, as also to allow the militia
authorities an opportunity of proving that the de-
fendants had been furnished with the required
notice. Those authorities having submitted the ease
to the decision of a magistrate, I think might have
recognised that decision and respected it. I am
sorry that the reverse is the fact, but will hear any
evidence now ready against the men, although it
may probably result in another adjournment.
Evidence was then given of the notices baying
been duly forwarded to the defendants, and copies
of the same produced by Sergeants Haldon and
Hopkins ; on bearing which, each man declared
that he had been unable to prove his ineulpability,
in consequence of having been kept in close custody
since first before the magistrate, and begged to be
allowed time to so.
Mr. Leigh—l think that, in this matter, the
militia authorities have gone beyond the power
allowed by law ; but I cannot interfere as to that,
or give these men redress. If they have any remedy
it must be in another court. As regards the de-
fence, the magistrate's object in allowing them time
has been entirely frustrated; for they may still
allege that they have, by close confinement, been
prevented from proving their innocence. Surely
the power of the militia ended when these men
were brought before a civil tribunal—if otherwise,
it had better be both judge and accuser. The
colonel should come here and take the magistrate's
position on the bench. These men have been
brought here for me to deal with, and when my
course of action is unsatisfactory, they are marched
off under escort and not permitted the opportunity
of effecting that which I deemed in justice
they should have. They are now again remanded
on their own recognisances of £2O each, and a
copy of the proceedings as far as they have gore
will be laid before the Home Secretary.
The men here requested the worthy magistrate
to decide the case at once, rather than they should
be again locked up in damp cells as had been the
fact since the previous Friday, where there was no