The Sun.
London, England, 1844-03-14 00:00:00

THE RB Y.

This was an indictment against the defendants for a
misdemeanour, in having unlawfully assaulted and in
-
tempted the officers of the Excise in the execution of
their duty. .. -
Mr. Thesiger, Mr. Platt, and 'Mr. Ryland, conducted
the case for the Crown'; Mr. Clarkson, with Mr. Smith,-
for the defence.

Mr. Tyttsloim briefly stated the case, and said, the.
the present prosecution was instituted by Commissioners
Hof her Majesty's CUstoins against the defendants, for a
very serioa 'offence, in having, in company with a num--..
_her of other persons, and with great violence, resisted
the:officers of the Excise, and endeavouring to prevent
them from seizing a large quantity of contraband spirits.
The Learned Counsel then proceeded to state the facts
of the case, and it appeared, that on the 19th. of July,•
the Customs officers' stationed at Rochester re-
delved inforniatibp that' a' large 'quantity of smug-
, gled spirits were concealed at a beer ship
about four miles from -Rochester, and at • night five
:Excise-Officers, named Blake, Johnson, Arnett, Taff,
and Allen, proceeded to the place in question for the
purpose of making the seizure. Three of the officers
,•stationed themselves in the front of the premises, and
two behind, and very-soon- aftetwards they were sur-;
rounded by -a mob nf. between sixty-11nd seventy persOns,
some of their eirryifig pitchforks, and the test bludgeons.
The defendants, Baker and Featherby, then abused
the officers, and both of them eventually assaulted them,
and several of the officers were knocked down, and the.
mob hustled them away from the premises for some
'distance. Featherby, it appeared; was the constable
of a neighbouring village, and on the officers calling
upon him to aid, and assist in the Queen's name, he
knocked, down the officer -who appealed to.him. The
offiCers contrived to get back to the premises, and
Prevent.: the mob from, getting away the spirits, and
at length it was found necessary to., send to
Itochesterfor the-militaryi and on their arrival the peo-
fe dispersed: The premises were then searched, and in
a sort of subterranean 'deposit' under the house there
iverefound upivards 0f..20t1 ,kegs ofbrandy and geneva,.
the Vit-hte of which it appears was, 1,3001.,, the wholq of
'which iiere seized and lodged in the; Custem-house at
Rochester... , The Learned CQunso 61004• by stating
that after the occurrence the defendants came to the offi-
oers 'and expressed 'contrition for what they had done,
and Said they hoped 'it would be looked over. The au-
thorities, however, upon having the circuinStances!re-
, presented to them, felt that theoffence was one of so
serious and important a character, that they, should be
neglecting their duty if they did not institute proceed-
--ings against-the parties.
Witnesses were called' who made out the statement of
the Learned Counsel, and on their eross.examination by
Mr. Clarkson, they adMitted that there had been an'
opening dinner at a public-honse in the neighbourhood,
which both the defendants had attended, and that at the
time of the occurrence they were both intoxicated.
-Afr-A4RXsoN, cut behalf .of the defendants, said he
.could,not deny that they had misconductcd themselves,
buthe urged that the act they had' committed had been
very much exaggerated,
,and -that there - was no proof
of any intention on their part to obstruct the-officers m
the execution of their dtity.' -" ' '
Witnesses were then _'called; who to, setae extent con-
firmedthe statinenref the Learned Counsel.

:The 1,40)).,CntF.," ,104icV hav,hig' summed' up,, the
jurrfottnd the defendants guilt)! of a common assault,
'and tti4 vere, ordered' to enter into a .personal recogni-
zance; to Appear and reveiye- the; judgmene.of the Court
when requited to do so.!-2 tea . • •

. . „
NORFOLK .CIROLIIT.-i:-;-Ayksbary, March 11.
C0.1.74T,-.-(Before Lord -A itWaisit.)
• ; 'pXT-ItAoll47ll.,l'A.Rt AR.
The Rev. j°ahl'iart ;‘ vclerk,,ut adgedeilsev3%naVas.heienp, the propertydictedforhavingoffe.t.
hiOusly and natelciii
Prendergast .and Mr. Sanders
:Vei?letu.:;...ectirtiWlthchereprodoloroli,46eunr.teoth
Mort. Juplyr
ireyr ,
prisonertia ttol twe C,
at!
a.e:r wasr t h
.tah:
enr,o:7oigni
t torector
This! tinkttiar Faso excited very.generallnterest in theneighbour:
yf ob 9wtiheoyi
jrf AidsaTeke:
whichhear tthhteeh
'dence related he lodged irkthe houte of a farmer named Glenister.
Mr. Glenister held some land' as tenant lb' the prisoner, and adjoin-
ing that land vas a'pasture belonging to Mr. Waedon, the prose,
Ptt the I.9th of last July . the prisoner, and Mr. Weedon
,met in. the high road at Hawridge, .apd the, pristine! told Mr.
Weedon that seven of his sheep had been trespassing-in his close,
and he "bad fukpituded them. WeWOri replied, it was all nonsense,
'Lir that 'die fences over Which 'they-had strayed, if they bad tres-
- passed at all, , were liay'S, and he alone- was in fault. The,
prisoner upon this .said,. " goand.prosecnie' the sheep,"
and be. and -Weedon parted. .It ,appeared., that the prisoner, went,
directly ta• his-stable, in which the, seYen sheep • were impounded;
, And,hayingralledone of; Gleniatees labourers,' desired him to bold
the#l, .fie ,han: inning out,,bis knife, and.
having driven the',poor animals into a. corner in the stable, he
stabbed --fhein all. in the right. hank t i...the depth of about six
inches atTet Which he Wined' thein, Out ''of the stable, and deove
, them in the
,direction of '044 Plvn paiture, . It happened that at
r this time Mr. Weedon Was, going by, and •seeing'his iheep bleeding
and litme; and in a most:pitiable condition, be accused the pristiner
of hfwinE cut theth; an-aectissiiiiiti which the latter denied, telling
-,theprosgcutor be was yar, for, none of-,the sheep had been on his
Premises, _ The prOsein4r,sepiled:thA was all .nonsense, for it Was
plain how the matter stood, to which Ain prisoner .rejoined, there
was no greht deal 'of harna-"done iftei -all; and the parties then
separated.. Vifectlon then went and procured
,the attendance
of a couple ofVutplierti, who examined the abeep,'And certified-that
',the damage:done-was 41. ; this was reported to the prisoner, who
refused to gay met. sum, but otTered W., and said he hoped he had
riot injured "them any' great deal.. They were, hoWever, very
ife4irell:injtired; ,and on the day; the 'butchers recom-
mended their curlier-hi haVe them dispatched outright and put &it
their Misery, and it Wa.tione... The prosecutor 'after this took
• .no steps"to. bring. the prisoner to justice, and w.Ould not have, taken
any; notice of the Matter, had not -a-neighbenring justice told him
It ought to be followed up, and that he,,the.proseeutor, the con-
stable of the'parish,',Ought, :of. all men, to be; aware how wrong, it
was 'tri let,sb serious a inatter:_pass. -He; therefore, laid ad.
:forniation, and the, pristiner ,tt'as apprehended and committed An
prim:i... In bis cross-examination the psssecutor said
_there was
no betsitixt.bira tile prisoner, but-that on the con-
itaty he -had been:ball for the latter -Upon some other charge' at
del e ta
eravi
the' sessions; • - • .

ise
_defence set up ,was, that the prisoner had no .malice or
• grudge against /dr.,Weedon, and that therefore he contrlnet have
dome the act in question from any wish nr desire -to injure hini by
destroying his propertyr and that the real
.truth was, that the pri-
sonertbotigkt that;, he bad a.'tight to kill' or wound the animals
which had committed the trespass in respect of which they were:
If 'he sincerely' believed this, be was .entitled to an
quittif; ;1181E6 belief negatifed all notion of malice on his part,
which was a necessary ingtedrent in the- evidenee'for the proseeu-
14)11.in:support, of such itit indictment,
The jury took this view of the case, and acquitted the prisoner.
.The Loup CitieFlßattorr, addressing the, prisoner, advised him
to be, very eircumspect.iu. future, and endeavour to govern his
• temper. ." It was really most lamentable to see such an,ignorence of
the grit, rules and principles of law in' a man occupying the sta..
,tion and filling the 'office which the prisoner occupied and, filled ;
and he,most seriously advised him, to profit by the grace and the
mbtey Which shad been shown. totim, by applying some portion of
his time,in Acquiring a knowledge. of the •laws of his Country and,
'the rights of his neighbour.
The prisoner was then discharged. •