The Sun.
London, England, 1856-03-10 00:00:00

DORSET SESSIONS.—MAnca 6.

SINGULAR CASE.—Joseph Byles, who had been out on
bail, and his wife and daughter Eliza and Elizabe'h
Byles, were charged with stealing two hin-hels of wheat.
and a sack, the property of Thomas Homer Saunders, at
Ower Moigue, on the 18th ult. No learned gentleman
appeared for Ale proscutirm, and .the prisoners were un-
defended. The facts of the case we reported last week ;
but we repeat theta here in order that the whole of this
extraordinary case may present itself to the reader at ens
view. The committing magistrates were Heibert Wil-
haute and IL N. Middleton, Esqrs.
Prosecutor holds a farm at MoigneDown, in the parish
of Ower Moigne. Tue prisoner resided in one of his
cottages on that farm, the father and daughter being in
his employ. In consequence of Mr. Saunders hearing
that there had been a quantity of wheat sent to Warm-
well Mill from the prisoner's cottage on the 18th ult.,
prosecutor went to Byles's house, and found about two
bushels of wheat in one of his sacks in the pantry. He
said to Mrs. Byles. who was then in the house, " Where
did you get this l" She replied, " It is some of the lease
corn." Witness had a field in which wild oats were
prevalent, and the produce of which was being thrashed
in the barn where the daughter worked. Perceiving
that the sample was the same as the wheat from that
field, he said "Yon don't lease oats with corn —there are
hoar oats with this." Ho reiterated his opinion that it
was his wheat on account of the wild oats amongst it.
She at first said she had bought it ; but afterwards ac-
knowledged that it was his wheat—some she had picked
up when the men got the rick in. Prosecutor then went
to Byles, who was working near, but he disclaimed all
knowledge of there being any wheat is his house. He
said the grist prosecutor allowed him was not enough
for his family, that they had constantly' bought flour
from Mrs. Chilcott's, and that the week before his wife
had bought some from the mill, the money for which
she had of prosecutor, as he was aware. Thomas
Thompson, employed at'Mrs. Chilcott's mill, was then
present, and prosecutor asked him how much wheat,
over end above his grist, he had ground from
Byles's cottage since harvest, to which he replied that
he could net exactly tell, but he thought about five sacks
altogether. He also said that the daughter mostly
brought the wheat in the evening, after dark. Samples
of the wheat from the barn, as well as that found in the
prisoner's house, were produced, and several witnesses
were examined in support of the case ; but there ap-
peared to be little to implicate Joseph Byles, who still
I disclaimed all knowledge of the wheat being in his
house. Mrs. Byles said it was what she had picked up
after the " mows," or ricks, had been put into the barn-
, and the daughter said she knew nothing about the mat-
ter, except that she had taken wheat to the mill when
her mother told her.

The above facts were deposed to on the trial befor
the Chairman of Quarter Sessions, and Joseph and
Elizabeth Byles were found guilty of receiving, but the
daughter, Elizabeth Byles, was acquitted. The male
prisoner was then sentenced to nine months' hard la-
bour, and his wife to six months.—This case was dis-
posed of on the first day of the Sessions, but it was
regain brought before the notice of the court, when the
Chairman, addressing the jury, said the magistrates
were always gratified when they bad an opportunity of
consulting the jury, who were by law empowered to
judge every case that came before them, and he now
desired them to direct their attention to one of the
most remarkable circumstances that during his ex-
perience —an experience extending over twenty
years—one of the most singular circumstances be had
yet met with. They had paid the most marked
attention to the curious and intricate case of Jo-
seph Byles, Eliza Byles, and Elizabeth Byles. The
evidence showed that the daughter was working in the
barn—whether they were guided altogether by a merci-
ful view of her case he did not say ; but that wheat was
, brought to the house of , the prisoner was certain ; and

that wheat corresponded with the "tvheat in the-bltrnt:'
They heard the evidence and saw the pertinacity with
wh ch the prosecutor proceeded in the case. The n e
prisoner, as owner of the house, ought t know what
was in his hou=e. There were there found too b; el 4
of wheat, and t vo had been sent to the mill. m kiag
in the whole a sack. After these cit.( umstancti
were proved the jury found him guilty, and also
Eliza Bytes. The Court sentenced Joseph Byles
to nine months' imprisonment, and the wife to
six months, considering that there was that difference
as to the guilt of the two parties. No sooner was this
done than to their great surprise, Mr. J. H. &under.
came to the presiding magistrates and said he believ d
the man was perfectly innocent, and that he did nut.
know the wheat was in his house or how it came there.
That was a most startling assertion. However, if the
Session lasted a mouth it was supposed to be one sitting,
and during the whole of that sitting they could alter or
modify any particular sentence they pleased. Under this
startling discovery, the court was desirous of re-consider.
ing the sentence passed upon Jos. Ryles ; but _they were
unwilling to do so without asking the opinion of the
jury touching the mere cr less guilt or innocence of
the prisoner. They did not wish to put them into the
unpleasant position of re-considering their verdict.
There was no doubt that in point of law he was respon-
sible for what was found in his house ; but what the
C•)urt desired was whether the jury upon re-considera-
tion thought that the guilt of Joseph Byles was not so
great as they originally thought it to be—whether they •
thought it right that he should have a less degree of
punishment. They would consider whether they could _
recommend him to the merciful consideration of the
Court. The jury, after consulting, recommended him
to the merciful consideration •of the Court, in conse-
quence of Mr. Saunders's own recommendation. The
prisoner Joseph Bytes was then sent for from the
gaol, and on appearing at the bar his sentence was
commuted to three months' hard labour.

EMARKABLS CASE OF TRESPASS AND
POACHJAG.

Much excitement has been produced in the town of
Holt by p rc3eedings • which have been taken -by
.;.,anier, with the authority of the .rector and
churchwardens, against an industrious labouring man of
the name of. Doughty, who has a large family,.for tres. .
passing on a common in pursuit of rabbits. In 1810 •
various lands in Holt were enclosed by authority of an
act of Parliament, and the commissioners, by their
sivikrd, alloted about 126 acres, called the. !‘---I.sewar",..
to the- reetor,. Charch*ardene, and overseers, 'ma true.
-tees, for the benefit of the occupiers of certain
houses under 101. a year rest. It has been the.
custom for many years for the poor to cut firing,
gather manure, turn their donkeys, and -kill rabbits on
the common. Many, in this way, have been able to
add to their regular earnings, and maintain themselves
and families when, but for these advantages, they
must have sought parish relief. The Holt-lodge estate,
has recently come into the. possession of Mr. Barker.
Part of his estate abuts on the Lows, and he is deter-

mined, if possible, to exercise the same right of shooting
over this land (which was originally dedicated ezniu-
sively for the use of the poor) that he does on his own..
Mr. Barker requested permission from the rector and

churchwardens le shoot over the "Lows." No applica-
tion was made to the overseers for their permission.
Having obtained authority from the rev. gentleman and
the two churchwardens, Mr. Barker instructed his
gamekeeper to prevent the poor from killing any more
rabbits -oil this land. About the middle of January
parisoioner named Doughty was seen on the "Lows"
by Mr. Barker's keeper, who, after watching a consider-
able length of time, saw, or thought he saw, him kill
something, although he could not say whether it was tt
hare, a rabbit, or a rat he killed. After Doughty bad
lett the land the keeper, pouncing upon him, demanded

. .
what he got. Doughty, believing that he had as much
right on the common as the keeper or his master bad,
refused to tell him, when the keeper told him he intended
to see, and being the more powerful man of the two
" turned him up," and by force took two rabbits front
him. On January the 19th Doughty was summoned
before the sitting magistrates at 11:71t, and charged under
the Game Act with committing a trespass in the search
of rabbits on the .3omnion. Toe Rev. J. H. Sparke, W.
H. Cozens Hardy, and W. Pemberton, Esqs., were the
magistrates on the bench. Mr. Cozens Hardy was not
satisfied that Doughty was a trespasser, as, for anything
that appeared to the contrary, Doughty had as much
right to the common as the parties who laid the inforala-
tlon against him. The case was adjourned for a month,
that the prosecutor might obtain the opinion of counsel
on the question in dispute. On February 16th the
accused asain appeared before Messrs. Cozens Hardy
and Pemberton. The prosecutor also appeared, with
Mr. Evans' " opinion" in his favour. This " opinion"
diti not appear satisfactory to Mr. Cozens Hardy, who
could not concur with Mr. Pemberton that a trespa s
within the meaning of the act had been committed;
and as these gentlemen could not agree the case
was again adjourned. On Saturday last D ,ughty
appeared -a ttird time at the Shiieball. On tins
occa-iou Mr. J. Gay, of Thurning-hall (not an aeting
magistrate for this division) sat on the bench. Doughty
obtained the professional aid of Mr. Loynes. The com-
plainant was also represented by his professional adviser,
who contended that, although the poor bad a right to cut
firing, &c., they had no right to the rabbits—that UM
rabbits belonged to the trustees, who might do anything
they liked with them. It was contended by Mr Loynes
that the trustees had only beneficial interest in the land-
tliat they had only the legal estate, and no power what-
ever to take the rabbits from the poor and give them,to
Mr. Barker. On returning to the room, after the magis-
trates had consulted on the case, we learned that Mr.
• Gay andsfiftS PAArbertOU were of OPillidif#lo-44115 ease -
-bad been proved against the accused. Mr. Gay then
told hini tbat the majority of the bench had determined
to inflict only ls. as a fine and the costs of the proceed-
ings, which, as we understood, amounted together to
12s. Gd. Mr. Loynes inquires low long the accused
would be imprisoned in default of payment ? The con-
victing magistrates, as it appeared.te us, had not consi-
dered that question, and were evidently annoyed at the
thought of sending a poor industrious labourer to gaol
for killing a rabbit on his own common, and thus leaving
his family to starve or go to the workhouse. After some
consultation, it was agreed that Doughty should have 9.
fortnight to fled the money, and it was stated, that if ho
had not paid it at the expiration of that time, he should
go to Walsinghain prison for seven days. That, we fear,
must be his fate, as fine and costs amount to a sum equal
to a week's earnings of the poor fellow.--Norfolk Yews.

_NATIONAL EDUCATION.

LORD JOIIN RUSSELL'S RESOLUTIONS.

In committee on ed ucation, to move the fol!owing rc-

solutions :--

1. That, in the opinion of this house, it is expedient
to extend, revise, and consolidate the minutes of the
Committee of Privy Conned on Education.
2. That it is expedient to add to the present inspec.
tors of church schools 80 sub inspectors, and to divide
England and Wales into 80 divisions for the purposes
of education.

3. That it is expedient t') appoint sub•inspectors of
British, Wesleyan, and other Protestant schooln not
connected with the Church, and a'so of Roman Catho-
lic schools, according to the present proportions of
inspectcrs of such schools to the inspectors of Church.
schools.

'4 That on the repc.rt of the inspectors and sub-In-
spectors, the Committee of Privy Council should have
power to form in each division school districts, consitt-
leg cf single or united parishes, or parts of parishes.
5. That the sub-inspectors of schools of each division
should be instructed to report on the available means
for the education of the poor in each each school district.
6. That, for the purpose of extending such means, it
is expedient that the powers at present possessed by the
Commissioners of Charitable Trusts be enlarged, and
that funds now useless or injurious to the community
be applied to the education of the middle and poorer
classes of the community.
7. That it is expedient, that in any school district
where the means of education, arising fro m n
edowment,
subscription, grants, and schoo:-pests,
shall be found de-
ficient, and shall be declared to he so by the Committee
of Privy Council for Educatiere the ratepayers should
have the power of taxine themselves for the erection and
maintenance of a school er schools.
8. That, after the Ist day of January, 1858, when any
school district shall have been declared to be deficient
in adequate means for the education of the poor, the
Quarter Sessions of the peace for the county, city, or
borough, should have power to impose a school rate.
9. That where a school rate is imposed a school com-
mittee, elected by the ratepayers, should appoint the
schoolmasters and mistresses, and make regulations for
the management of the schools.

10. That in every school supported in whole or in
part by rates a portion of the Holy Scriptures thonld be
ready daily in the school,
and such other provision
should be made for religious instruction as the school
committee may think fit, but that no child shall' be com-
pelled to receive instruction, or attend any religious wor-
ship, to which his or her parents or guardians shall on
conscientious grounds object.
11. That employers of children and young persons
between nine and 15 years of age should be required to
furnish certificates, half-yearly, of the attendance of such
children and young persons at school, and to pay for
suck instruction.
12. That it is expedient that every encouragement
should be given, by prizes, by diminution of school fees,
to
fees,
by libraries, by evening schools, and other method
the instruction of young persons between 12 and 15 years
if age.

-
We understand that Government have made some
modifications in the police bill, but have still retained the
principle of centralisation contained in it.—Derby and
Chesterfield Reporter..
ROYAL COLLEGE OF SURGEONg.—The following gen
tlemen, having undergone the necessary examinations
were admitted members of the College
faotrtthheezneipelm;
meeting of the Court of Examiners on the 7th
inst. : —Messrs. Barnard Edward Spaull,Hammersrnith ;
win. yenour, Teddington ; Frederick Henry Bate,
Army.; Robert Nathaniel Mitchell, New-crossroad,
Deptford ; Samuel Giles, King William-street, City ;
Cuthbert Roger Gale. Calcutta ; Jas. Lambert Rea,
Newcastle-on-Tyne ; Wm. Sutton, Halstead, Essex ;
Henry Wright, March, Cambridgeshire ; Cooper Hayes
Crawford, Lower-road, Deptford ; John Ward Cousins,
Portsmouth ; and John Penherthy, Redratb, Cornwall.
At the same meeting of the Court Messrs. Edwin Thos.
Watkins and Frederick Lewis Leonard passed their
examinations for naval surgeons ; these gentlemen had
previously been admitted members of the College, their
diplomas hearing date respectively July 18, 1846, and
Jane 18, 1802.