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

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that wheat corresponded with the wheat in the barn.
They heard the evidence and saw the pertinacity witlt
wh ch the prosecutor proceeded in the case. The na!
prisoner, as owner of the house, ought t ) know wcat
was %n his len—. There were there found te obt a el;
of wheat, and t vo had been sent to the mill. m• king
in the whole a sack. After these cit.( umstanct
were proved the jury found him guilty, and also
Eliza Pyles. The Court sentenced Joseph ' Bylgs
to nine months' imprisonment, and the wife to
six months, considering that there was that di Terence
as to the guilt of the two pas ties. No sooner was this
done than to their great surprise, Mr. J. H. Saunder.
came to the presiding magistrates and said he be:iev d
the man was perfectly innocent, and that he did no.
know the wheat was in his house or how it came there.
That was a most startling► assertion. Eowever, if the
Session lasted a month it was suppoked to be' one 'Sitting,
and during the whole of that sitting they could altir or
I modify eny particular sentence they pleased. Under this
startling discovery, the court was desirous of re-consider-
ing the sentence passed upon Jos, Byles ; but they were
unwilling to do so with)ut asking the opinion of the
jury touching the more or 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
Curt desired was whether the jury upon re•coniidera-
tion thought that the guilt, of Joseph Byles was not so
great as they originally thought it to be--whether they
thought it sight 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 Bylee was then sent for from the
gaol, and on appearing at the bar his sentence was
commuted to three months' hard labour.

EMARKABL E. CASE OF TRESPASS AND
POACHING.

Much excitement has been produced in the town of
Holt by proceedings which have been taken by Mr.
George Barker, with the authority of the rector and
cburchwardens, against an industrious labouring man of
the name of Doughty, who has a large family, ferr 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
award, alloted about 126 acres, called the. " Lows"
to the rector, churchwardens, atir7a-Wiriiene, as trus-
tees, for the benefit of the occupiers of certain
houses under 101. a year rent. It has been the
custom for many years for she poor to cut firing,
gather mannre, 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 Ire-ie deter-
mined, if possible, to exercise the same right of shooting
over this land (which was orieinally dedicated exclu-
sively for the use of the poor) that he does on his own,
Mr. Barker requested permission from the rector and
churchwardens to shoot over the "Lows." No applies,
thin 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 on this land. About the middle of January a
parishioner 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 a
hare, a rabbit' or a rat he killed. After Doughty had
left 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 had,
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 from
him. On January the 19th Doughty was summoned
before the sitting magistrates at Holt, and charged under
the Game Act with committing a trespass in the search
of rabbits on the common. Tee Rev. J. H. Sparke, W.'
H. Cozens Hardy, and \V. Pemberton, Esqs., were the
magistrates on the bench. Mr. COZOIIS Eardy 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 informa-
Von 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 again appeared before Messrs. Cozens Hardy
and Pemberton. The prosecutor also appeared, with
Mr. Evans' " opinion" in his favour. This " opinion"
did not appear satisfactory to Mr. Cozens Hardy, who
could not concur with Mr. Pemberton that a trespre,s
within the meaning of the act had been committed;
and as these gentlemen could not agree the Case
was again adjourned. Oa Saturday last Doughty
appeared a third time at the Shitehall. Oh this
occa-ion Mr. J. Gay, of Morning-hail (not an acting
magistrate fur this division) sat on the bench. Doughty
obtained the professional aid of Mr. Loyeee. The com-
plainant was also represented by his professional adviser,
who contended that, although the pour had a right to cut,
firing, &c., they had no right to the rabbits--that the
rabbits belonged to the trustees, who might do anything
they liked with them. It was contended by Mr. Loyeee
that the trustees had only beneficial interest in the land-
that they had only the legal estate, and uo power what-
ever to take the rabbits from the poor and give them to
Mr. Barker. On resuming to the room, after the magis-
trates had consulted on the case, we learaed that Mr.
Gay and Mr. Pemberton were of opinion that the case
had been proved against the accused. Mr. Gay then
told him that the majority of the bench had determined
to inflict only le. as a fine and the costs of the proceed-
ings, which, as we understood, amounted together to
12e. 6d. Mr. Loynes inquired how long the accused
oveuld be imprisoned in default of payment ? The: con-
victing magistrates, as it appi'ared to us, had not consi-
dered that question, and were evidently annoyed at the
thought wf sending a poor industrious labuurc:r 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 a
fortnight to find the money, and it was stated, tut if ho
had not paid it at the expiration of that time, he should
go to \Valsingbam prison for seven days. That, we fear,
must be his fate, as tine and costs amount to asum equal
to a week's earnings of the poor fellev7.--Norfoll Yews.

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