The Sun.
London, England, 1860-07-11 00:00:00

bound to perform the duty of prosecuting the pri.
goner, notwithstanding the offer made. It was to
them a most painful one, and they also felt deeply
for the prisoner's position.
The Commissioner, having consulted the Recorder,
passed a sentence of four years' penal servitude.

POLICE INTELLIGENCE-July 10.

BOW-STREET.--VOLUNTEERS AND TOLL-
KEEPERS.—Henry Errington, a toll-keeper at the
Middlesex side of Waterloo-bridge, was summoned
before the chief magistrate, Mr. Hall, under the
Waterloo-bridge Act, 49 Geo. 111. c. 191, sec. 108,
for exacting toll from Mr. H. Lowe, of the 37th
Middlesex Rifle Volunteers, when returning from
drill at the Foundling Hospital, on Wednesday,
the 4th of July, that being the day and place ap-
pointed for exercise by the commanding officer, and
Mr. Lowe being dressed in the uniform of his corps,
and wearing his arms, accoutrements, and furniture,
according to the regulations.
The ease was defended by Mr. Bird, solicitor to
the Waterloo-bridge Company.
Mr. Lowe deposed that on the occasion in ques-
tion he was about to pass through the horse gate as
usual, when he was stopped, and referred to the
defendant, who said he could not pass without pay-
ing the toll, as he had not his rifle. He replied that
he had his side arms, holding up his sword bayonet
for defendant to see. Defendant nevertheless took
the toll.
Mr. Bird said the company were obliged to be
cautious, as gentlemen from Somerset House con-
stantly went to and fro in their uniform, claiming
to pass free. •
Mr. Hall.—They would hardly put on their uni-
forms on purpose to save a halfpenny.
Mr. Bird did not assert that.
Mr. Hall.—Nor need you be under any alarm.
I do not believe that any gentleman connected with
so highly respectable a body as the volunteers would
stoop to deception to save a miserable halfpenny.
It is the most unlikely thing that could be sug-
gested.
Mr. Burnaby (the chief clerk) observed that there
was drill at Somerset House every day.
Mr. Bird pointed out that the word volunteers
was used in the plural, and suggested that the
meaning was that they should go in a body.
Mr. Hall said that the word " marching" was
used in reference to their proceeding in a body, but
the words were " going to" and returning from ex-
ercise. If Mr. Bird's interpretation were correct,
the word march would be used in both cases. Gen-
tlemen could not be expected to go in a body, be-
cause some would have to cross the one bridge, and
some 'another, while many might not require to
cross any bridge at all.
Mr. Bird said the volunteers to whom the act
referred, all resided near each other, and the old act
ought not to be applied to a new state of things.
Mr. Hall was quite old enough to remember the
facts. The cases were precisely similar, the volun-
teers coming from all directions. When dismissed
after drill they were at liberty to make the best of
their way home, according to their own conve-
nience.
Mr. Bird said the defendant had not all his arms,
having left his rifle at the armoury. But perhaps
it would hardly be fair to insist on this, as a gentle-
man could hardly be expected to carry his rifle for
the sake of saving a halfpenny.
Mr. Hall said he had those arms and accoutre-
ments which were sufficient to satisfy any reason-
able person that he was returning from drill.
Besides the words were " according to the regula-
tions." Mr. Lowe had fully complied with this
condition, for the regulation was that the rifles
should be left in the armoury, which he considered
a very proper and reasonable provision.
Mr. Bird said he had raised these points, consi-
dering that they ought to be settled now the case
was before the magistrate ; but the tollman had
never been instructed to take toll of volunteers
when wearing their side-arms.
Mr. Powell, secretary to the company, said the
defendant was under the impression, however erro-
neous, that Mr. Lowe had no side-arms.
Errington denied that Mr. Lowe called his at-
tention to the sword-bayonet.
Mr. Hall said it was quite immaterial. It was
easy for the collector to see the weapon. He might
as well expect a gentleman to say, " Here is my cap,
and here are my trousers." He had acted very
stupidly. If any volunteer could be mean enough
to commit an imposition, which was very improbable,
he was liable to the same penalty as was imposed on
the tollman for illegally exacting the toll. This
was not the first case of the kind, as a man was re-
cently fined for a similar exaction at another bridge.
He could not therefore inflict the lowest penalty.
Mr. Lowe—l must say he was exceedingly civil.
Mr. Hall—That is in his favour; but I cannot
do less than inflict a penalty of 10s. and 2s. costs.
The volunteers are doing an important service to
the country, at great sacrifice to themselves, and it
is too bad to expose them to the additional sacrifice
of coming here to lose their time in these cases.
Mr. Powell regretted that Mr. Lowe had been put
to that trouble. It was the result of a misapprehen-
sion, and, indeed, the man had acted contrary to
orders.
The defendant paid the fine and costs, amounting
to 12s.
,th

CLERKENWELL.—ANNOYING AND THREAT-
ENING A LICENSED VICTUALLER.—Ann Ryan, a
low looking woman, residing at 7, Sumner-street,
Eyre•street:hill, was charged before Mr. Tyrwhitt,
with annoying Mr. Gilling, the landlord of the Fox
and French Horn, Clerkenwell-green, and also the
barman, George Allen, in their business.
Mr. John Wakeling appeared for the prosecution.
From the evidence it appeared that last night the
defendant, who was the worse for liquor, came to
the house and called the barman foul and annoying
names. Finding that a mob assembled, Police-con-
stable Newite, 143 G, was called, and he turned the
prisoner away. As soon as he was gone she re-
turned, and was again turned away. She watched
the constable away a second time, and then re-
turned again, threatened the lives of Mr. Gilling
and the barman, and also said she would smash all
the windows. She was then locked up, and on the
way to the police station was very violent.
Mr. Gilling said that both the prisoner and her
husband had annoyed him for some time, and he
wished them both to keep away from his house.
The defendant said if she was allowed to go on
this occasion she would never go to the house
again.

Mr. Wakeling said he could not take her word, and
asked for her to find responsible bail to keep the
peace.

Mr. Tyrwhitt ordered the defendant to find re-
sponsible bail, two sureties in the sum of £lO each,
to keep the peace for 12 calendar months.
The prisoner was locked up in default.

THE 111,41L5.