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Some Selected Reports from The Windsor and Eton Express

3rd December 1842

Literary Institution

On Wednesday evening Mr.Traice delivered a gratuitous lecture on Shakespere's comedy of "As You Like It." The beauties of this celebrated production were pointed out , and the homely truths, "familiar as household words," of Jaques, Touchstone &c, were given in an inimitable manner, and drew forth great applause.

Depression in the Price of Stock

At Maidenhead fair on Wednesday last, at which there was a large show of cow cattle, but very little business was done, although the attendance was very numerous. Seventeen short-horned in-calf heifers, belonging to Mr.Trumper, which last year would have realised 14 each, were sold at 11, and another lot of Welsh heifers and steers, belonging to Lord Braybrooke, which were bought in April last at 7 15s each, were offered at six guineas each, but there were no buyers at even that price, and they were sent away from the fair unsold. There was an abundance of porkers offered at 3s 6d per stone.

Narrow Escape

On Tuesday afternoon, between five and six o'clock, as two officers of the Grenadier Guards, Lord Kimbolton and Mr.Maitland were returning to the Infantry Barracks in a gig, when turning from the New-road into Sheet street they drove again the lamp post at that corner with such violence that both the gentlemen were thrown out, fortunately without injury, and the gig was dashed to pieces.
The horse started off with the shafts attached to him and ran at a rapid pace down Sheet-street, and opposite Brunswick-terrace he ran foul of a pony chaise, which he upset and broke one of the shafts of it, but he was eventually stopped in King's-road without doing further injury.

The Reported Attack on Mr.Stacy

We have been assured by a most highly respectable person that our statement of Mr.Stacy being attacked at Old Windsor last Thursday evening is an incorrect version of the manner in which he received such a severe wound in the eye. We have only to observe we obtained our information voluntarily from Mr.Stacy himself, and therefore the creating an alarm in the minds of the inhabitants of Old Windsor must not be attributed to us.

Sheep Stealing

We last week stated that a sheep had been stolen from a field belonging to Mr.John Nash, of Langley, that a reward of thirty guineas had been offered on the apprehension and conviction of the thief, and that Mr.Larkin, chief constable of Iver and Langley, had taken a person into custody on suspicion of committing the felony.
On Monday last the prisoner, whose name is Hilton Mitchell, was taken before R.Harvey,Esq., and C.Towers, Esq., and after an examination, during which the evidence brought the case home to him, he was fully committed for trial.

The Steeple Chase Match announced to take place at Slough on Thursday last, drew together a great many persons, many coming from a considerable distance, and had not the afternoon been a very wet one, we have no doubt a much larger number would have repaired thither to have met a similar disappointment to that which was experienced by those who did go. The match, as we have before stated, was between horses belonging to Mr.Sharpe and Mr.Skivens, of Slough; and at the house of the former (the White Hart) it was given out "that the magistrates had stopped the race and that they had intimated to Mr.Sharpe that his licence would be in jeopardy if it took place! ." This statement, however was little credited, and other reasons it was thought were the cause of the match not coming off. For our part we cannot do the magistracy of the neighbourhood the injustice to imagine for a moment that any one of them would act in so ridiculous a manner, as to talk about prevent what is beyond their power to interfere with, or to make use of such a discreditable and impotent threat respecting the licence. The ground selected for the event was altered from where we mentioned last week, to near the Dolphin; and as Mr.Sharpe declined to start his mare, Mr.Skivens's mare was ridden over the ground by Mr.Cannon of Eton, and the stake claimed.

New Windsor

On Thursday afternoon a vestry meeting of the parish of New Windsor, was held in the vestry room of the church "for the purpose of nominating and electing a discreet person to be assistant overseer of the poor of the said parish; to determine and specify the duties to be by him executed and performed; and to fix such salary for the execution of the said office as shall by the said vestry be thought fit."

Mr.John Clode,jun., one of the churchwardens, on being called to the chair, read the notice calling the meeting, in the above terms, signed by the whole of the churchwardens and overseers; having done that, he said the vestry would hear the correspondence read which had passed on the occasion of their having before elected a vestry clerk, which election had not received the sanction of the poor law commissioners, and it would be afterwards for them to consider whether they intended to carry out their former determination, under the 59th of George the Third, by now appointing to the same office, but under a different name - that of assistant overseer. He should be happy to hear any observations from any gentleman present; and he hoped the proceedings would be conducted with proper spirit and decorum [hear, hear].

Mr.Secker said it would perhaps save time if he now read the correspondence referred to by the chairman. The first letter was from the Clerk to the Board of Guardians to Mr. Churchwarden Clode of Windsor, and Mr.Churchwarden Agar of Clewer. But first he must observe, that from what had previously passed between several of the guardians, it appeared that they rather encouraged the appointment of a vestry clerk, but they had since thought fir to run from their own recommendation. The letter from the clerk to the guardians was as follows:-

"Windsor, 13th Sept,1842
"Gentlemen, - In reply to your communication of the 12th instant, as to the recent appointment of a Vestry Clerk for the parishes of New Windsor and Clewer, I have the Board of Guardians directions to call your attention to, and recommend clause 7 of chapter12, 59th Geo.III., as providing for the appointment the parish officers seem desirous of making.
"The parish officers were greatly mistaken in supposing that the course pursued by them, to attain the appointment of a Vestry Clerk, was taken either with the knowledge, or at the suggestion, of the Board of Guardians, that body never having expressed any opinion on the subject. "I am , Gentlemen, your obedient servant, Wm. Cole Long, Clerk."

Now he (Mr.Secker) believed it was true that there was no minute of the board of guardians in favour of the appointment of vestry clerk, but it was understood, in conversation with several of them, that they were of opinion that a vestry clerk was called for, both in Windsor and Clewer. But now came the letter of the commissioners, who, it seemed, had been induced to quibble out of the appointment, and a more contemptible quibble he never remembered (hear,hear). It was one in the teeth of their own law. When the churchwardens found themselves thrown over by the guardians, they then communicated directly with the commissioners, who returned the following reply:-

"Poor Law Commission Office , Somerset House, Nov. 10. 1842.
"Gentlemen, I am directed by the Poor Law Commissioners to acknowledge the receipt of your letter of the 3rd instant, in which you state that the Guardians of Windsor Union forwarded to you the letter which the commissioners addressed to the guardians on the 26th of August last. You observe, in reference to the opinion expressed in that communication, 'Although the parish officers do not desire to question the Judge's dictum in your letter, which negatived the power of a vestry half a century ago, to appoint to the office of Vestry Clerk, with a salary, they are somewhat at a loss to reconcile the view which the commissioners now take of that question, in the face of the distinct recognition of that office by the Poor Law Amendment Act, as being within the immediate scope of the commissioners authority, and which the Churchwardens and Overseers now trust the commissioners will see abundant cause to exercise agreeably to the requisition which had been addressed to them to that effect.'
"I am to state, in reply, that the commissioners are not aware that the law, as laid down by Lord Kenyon, in Rex v. Croydon has undergone any alteration. The commissioners are not acquainted with any subsequent decision of the courts over-ruling the opinion of Lord Kenyon, and they apprehend that if it were not lawful at the time that decision was given, to pay a Vestry Clerk a salary out of the poor rates, it is equally unlawful now, unless some statutory authority can be referred to as sanctioning such a course. The commissioners understand you refer to the 4th and 5th William IV, c.76, as furnishing such authority. The 46th section undoubtedly enables the commissioners to direct the appointment of paid officers by the Guardians and the Overseers for certain purposes, and the word "officer" is, by section 103 (interpretation clause) a 'Vestry Clerk.' The construction, however, put by the Court of Queen's Bench upon the joint effect of those sections, as enabling the appointment of paid officers, is, that it only extends to the appointment of officers for a limited purpose, and that purpose is, 'the administration of relief, and the employment of the poor.' (Reg v The Poor Law Commissioners in re The Cambridge Union, 2 P and D323.) In that case Lord Denman is reported to have said, ' The claim of the commissioners (the question was as to the appointment of a collector of poor-rates) has been made to rest principally on section 46, which authorises the commissioners to direct the appointment of such officers as they shall think necessary for a limited purpose, namely , the administration of relief and the employment of the poor. This limitation, coming after the general words, must be taken to confine them to the provisions of the particular act which abounds in provisions for the due administration of the relief of the poor, properly so called, but it is silent on the subject of poor-rates.' The commissioners think that the reasoning adopted by the court applies equally, if not more strongly , to such a case as the present. It is true, it is not the appointment of a collector of rates that is sought, but of an officer whose proposed functions are still more foreign to the objects and purposes of the 4th and 5th William IV.,c.70, according to the constructions which those purposes have been received in the case referred to.
"I am Gentlemen, Your most obedient servant, E.Chadwick, Secretary.
"Mr.John Clode,jun.,Churchwarden of New Windsor.
"Mr.F.H.Agar, Churchwarden of Clewer, Windsor.

Under these circumstances (Mr.Secker continued) the churchwardens considered it was their duty to take the course which should go the nearest towards meeting the wishes of the parish and to forward what was undisputed in law by the commissioners, of calling a vestry to elect an assistant overseer, instead of a vestry clerk.

Mr.Jarman wished to know if the minutes of the last vestry had been read?

Chairman - No.

Mr.Jarman said that he begged to refer to those minutes before they proceeded further, as they would be otherwise acting illegally.

The Chairman said he had not got the minute book.

Mr.Batcheldor hoped that no interruption of the proceedings would take place. They had met, pursuant to notice, and they had commenced business; the time was short, and the gentleman he should propose to the meeting had already undergone the fiery ordeal of one election. It was of no consequence whether they had the minute book or not. The resolution to have a paid officer had passed the vestry once already and the absence of the book showed the necessity for such an officer, for if they had one, all the books would be brought before the meeting. He proposed that they should go on without the book.

Mr.Newton seconded the proposition.

Mr.Jarman repeated that all the proceedings would be illegal without the production of the books, and he protested against any business being done until they should be produced.

Mr.Voules said they had already commenced without the books, and the objection should have been made before they commenced. They were called upon to meet for a specific purpose, and pursuant to regular notice.
A noisy scene here ensued rendered it impossible for us to report the details, indeed this was the case several times during the proceedings. The vociferous noise and confusion was very aptly described by a rate-payer as making the vestry room more like a beer garden; Messrs. Jarman, Hopkins, and one or two more protesting that it was not legal to go on without the books, and also that the notice calling the meeting was not legal because it was not (as alleged) placed on the principle church door; and other arguing contra that the notice was placed where the law required it to be, and that it was perfectly legal to do business without the books. The chairman during the "hubbub" tried several times to restore something like order and to urge the meeting to proceed to the business of the day, but his endeavours were for some time fruitless; at length he would read the notice again, when Mr.Day said he thought the meeting had better hear what duties the assistant overseer would have to discharge.

The Chairman said that would be perhaps the best way, and then he proceeded to read a list of those duties, which were these:- To prepare all poor and borough rates, and enter the former in the ledger; to carry on all correspondence on the parish affairs, and to make due entries thereof for reference; to attend the guardians and justices meetings when required; to attend all meetings of the vestry and parish officer, and enter the proceedings in the minute book; to investigate and ascertain the grounds for removal of paupers, and of the claims of settlement of those for the removal of whom notice shall have been received, or who shall have been removed under orders; to examine and certify all bills previous to payment; to countersign all drafts upon the Bankers, and regularly to register the same; to prepare the Parliamentary, Municipal, Jury, and Constables lists, and to attend to the perfection of the same; to keep the minute book of proceedings, and generally to give his assistance and information to the parish officers, and to perform all other duties which may usually devolve upon assistant overseers.

The motion proposed by Mr.Batcheldor, and seconded by Mr.Newton, was carried.

Mr.Hill said at a former vestry it was stated that 4 had been paid for making out the surveyors rates, and proposed saving that sum by including that duty in the assistant overseers duties, to which there was no objection, and it was carried.

Mr.Day said he could not see the use of two officers, collector and assistant overseer.

The Chairman said it was the general opinion that one officer should be always in attendance to manage the affairs of the parish, for that at present there was a great deal of inconvenience which the parish officers could not always remedy.

Mr.Batcheldor then moved that an assistant overseer be appointed, feeling satisfied that the parish records would be much better kept, and the parish affairs much better attended to, than they had hitherto been.

Mr.Newton seconded the motion.

Mr.Hopkins said they did not want such an officer until they got their vestries back. The last rate that was made was a smuggled one, and there would not have been half a dozen persons at the vestry that day if it had not been that he had sent out handbills [laughter and cries of "We know better."]

Chairman - Gentlemen, I can only say that is the intention in future - at least so far as I am concerned - that all business shall be done in vestry - [applause.] The chairman was about to put Mr.Batcheldor's resolution when

Mr.Hopkins said "Put my amendment first."

Chairman - What is your amendment ?

Mr.Voules - Why, Mr.Hopkins, you have proposed no amendment.

Mr.Hopkins said he moved that no assistant overseer be appointed.

Mr.Jarman seconded it.

This was held by the chairman, to be useless to put, as the opinion could be taken as a negative to the motion of Mr.Batcheldor.

Mr.Hopkins said they were about to appoint an assistant overseer, but they were not aware of the great powers they invested him with. He had the Act of Parliament, which he was about to hand across to the chairman, but

Mr.Voules said if he had any legal reason for not electing an assistant overseer he should quote them from the act himself.

Another rambling discussion ensued about the vestry-books, of which it was impossible to gather the substance.

Mr.Goodchild said he thought the four or five gentlemen were getting up and speaking upon matters wholly irrelevant to the objects of the meeting [hear,hear]. They were making something of a bear-garden of the meeting instead of a vestry. As for Mr.Hopkins quoting acts of parliament, it was well known that there were so many new ones that it would be difficult at once to understand them; he was often obliged to read them, but he could not say he comprehended them all. The fact was, the parish had already sanctioned the appointment of a vestry clerk, and now they were only called to appoint the same person under a different name; how then could any man be so absurd as to say he would not have an assistant overseer !

The Chairman then put the question that an assistant overseer be appointed, which was carried by 50 to 4.

The Chairman then said they would have next to define the duties of the overseer, and again he read the list of those duties as given above.

Mr.Jarman, in reference to that part of the duties which stated that the overseer should give "his assistance and information to parish officers" begged to move an addition "and to inhabitants generally," he meant as to the sight of the books, &c.

Mr.Batcheldor said it was unnecessary , as the assistant overseer was bound by the act the parliament under a penalty to afford every parishioner an inspection of the books.

Mr.Hopkins - But by the act of parliament he will be as much an overseer as any other overseer, even to the extent of relieving the poor.

Mr.Batcheldor - That he cannot do unless he obtains the orders of the Poor Law Commissioners. Have you any other objections ?

Mr.Hopkins - Yes, plenty.

Mr.Batcheldor - Let us have them then, and we will soon knock them off [laughter]

Mr.Hopkins (shutting his law volume) - Well; you know Mr.Batcheldor that Mr.Turpin is poor, and that you took him into your service, and now you want to push him off to be paid by the parish [much confusion].

Mr.Batcheldor said that he had certainly given Mr.Turpin employment, beyond which, and a desire to serve him, he challenged any one to charge him with any thing else. He knew Mr.Turpin to be an intelligent, respectable, and deserving young man, and it was certainly by his (Mr.B's) advice that he sought this office. He could assure the meeting that Mr.Turpin possessed all the qualifications for the situation, that he would be attentive and vigilant in the discharge of his duty, and that he would act with credit to himself and to the parish at large [applause]. Mr.B proceeded to pass a high eulogium on Mr.Turpin, and concluded by proposing him as a fit and proper person to fill the office of assistant overseer.

Mr.Till seconded the nomination.

Mr.Secker - You are acting now on the recommendation of the guardians and the commissioners. You can make no mistake this time.

Mr.Day said he believed that Mr.Towers would take the two offices at a reasonable rate of remuneration.

The Chairman observed it was a pity Mr.Towers was not present to say so.

Mr.Hopkins said it was the duty of the overseers to collect the rates; therefore, why could not Mr.Turpin collect them?

Mr.Voules - You cannot propose that to-day , because it is not in the notice.

Mr.Jarman - Then move an adjournment to consider of it.

Mr.Batcheldor contended that it could not be done.

Mr.Hill said he believed that all or nearly all the parish officers were now present, and that it was now understood that all the parish business should be transacted in the vestries; for the first time after Mr.Turpin had been appointed vestry clerk, the overseer for the quarter went and made a rate in his own office.

Mr.Voules said that showed the need for a vestry clerk.

The Chairman then put the question that Mr.Turpin be appointed assistant overseer, when it was carried almost unanimously.

The Chairman said the next thing was to define the duties of the overseer.

Mr.Hopkins proposed that the words "collector of the poor rates" be added.

The Chairman said it was not competent to the meeting to do so.

Mr.Batcheldor - If Mr.Hopkins persists, I shall move that the Chancellor of the Exchequer be added [laughter].

The Chairman said if the collectorship were added it would be wholly inoperative.

Mr.Jarman said they must first get rid of Mr.Towers.

Mr.Hopkins said when they found there was nothing for Mr.Towers to do, they could very soon get rid of him.

The Chairman said he understood that the appointment of the collector rested with the guardians and not with the vestry.

A rate payer observed, then it would be better to add "and the collector when it was practicable;" that would mean in case Mr.Towers should leave the town or from any other cause.

The Chairman said that it would be for the parish to consider when such an event occurred.

Mr.Secker said there was a very easy answer to the proposition , because if the collectorship were added they would have to increase the salary to a larger amount than for merely the assistant overseership. It would be quite time enough to think of a collector when that office should be vacant.

Mr.Hopkins asked if it happened that the overseers were to collect the rates, how would that effect Mr.Towers.

Mr.Secker - But we cannot now entertain that question.

Mr.Voules said if Mr.Hopkins and Mr.Jarman wished to have Mr.Towers removed they should call a vestry for the purpose of taking steps to do so first.

The Chairman said that was the only way [Here several rate-payers called out they would vote for that proposition.]

It was then moved by Mr.Newman and seconded by Mr.Batcheldor, that the duties as read by the chairman be those performed by the assistant overseer.

Mr.Hill enquired whether the minutes of their proceedings ought not to be inserted in the minute book ?

The Chairman - Yes, and so they will, when we have a regular officer.

Mr.Jarman - I shall insist on signing the book before I go.

A rate payer - But we have not got the book.

The Chairman then sent a person to find the book, which after some time was brought.

Mr.Day said Mr.Towers now collected the rates, but supposing the overseers were to collect the rates themselves ?

Mr.Batcheldor - Mr.Towers would continue to receive his salary all the same.

The motion that the duties as read by the chairman be those to be performed by the assistant overseer was then put and carried.

Mr.Hopkins then proposed that as the overseers had the power to collect the rates, the assistant overseer should collect them.

Several rate payers called out, "Mr.Towers will continue to receive his salary."

Mr.Batcheldor said the resolution had been carried, and consequently Mr.Hopkin's amendment could not be put. Besides, they had no power to appoint a collector. That officer had been appointed under a particular act of parliament - he was appointed by the board of guardians , and his appointment was confirmed by the poor-law commissioners. The only way to get rid of him was by laying some complaint against him and requesting that he be dismissed. But the vestry could not dismiss him, neither could the board of guardians, for the complaint would be laid before the poor-law commissioners, who would enquire if there were just ground for dismissing him.

Mr.Jarman said one part of the notice calling the meeting said they were to define the duties of the assistant overseer, and therefore he contended it was competent to add the collectorship to the other duties.

Mr.Batcheldor said if they added the collectorship, they would completely stultify their own appointment of assistant overseer, for they already had a collector and they might be turned round on, and the whole proceedings would be nullified.

Mr.Voules said he would pledge himself that if they added "collector" to the resolution that had been passed, they would have all the papers returned, for appointing to an office which was not vacant [hear,hear.]

The addition proposed by Mr.Hopkins was then put and negatived.

The Chairman said they had now to fix the salary of the assistant overseer.

Mr.Hill proposed that it be 40 a year, which was seconded by Mr.Jarman.

The Chairman wished to observe, that at the vestry, when they met to appoint a vestry clerk, though with fewer duties to perform, it was agreed that the salary should be 120 a year, to be paid in due proportion between Windsor and Clewer.

A Ratepayer enquired what were the proportions ?

Mr.Secker said it was impossible to answer for what the Clewer vestry might do, but with conversations he had had with several gentlemen belonging to that parish, he believed they would fall into any appointment which this vestry might make, and that they would bear their fair proportion of the expense, provided it was charged as general expenses, under the Poor Law Act. He had made a calculation that 120 a year would give 86 for Windsor, and 34 for Clewer; that would be the fair proportion of each in that amount.

Mr.Batcheldor said he had formerly held the office of assistant overseer, and he knew it was one of great labour. Since then the population had increased one-fourth, and he thought that Mr.Turpin would well earn his salary if it were fixed at 80 a year for Windsor parish. He therefore proposed that 80 a year be the salary.

Mr.Bate seconded the motion.

Mr.Voules said he had intended to have seconded the motion. He, however, begged to say he was glad the minute book had arrived, for the vestry would now have the opportunity of seeing the recorded opinions of the principal inhabitants of the town expressed at the election of vestry clerk, when it was voted that that officer should have a salary of 120 a year, with even less duties to perform than now. Therefore, they could give no hesitation in agreeing to give 80 a year. at the last vestry, Windsor was to give 80 a year, and Clewer paying the difference, and that amount was only reasonable, particularly for a gentleman like Mr.Turpin, who was so well calculated to perform the duties of the office of assistant overseer, and whose knowledge would lead the parish to save a considerable sum in law expenses.

The Chairman then put the motion and amendment, when it was carried with only three or four dissentients, that the salary for Windsor be 80 a year.

On the motion of Mr.Batcheldor, a vote of thanks was passed to the chairman, who briefly returned his acknowledgements.

Mr.Turpin at once entered on the duties of his new office by recording the proceedings of the vestry in the minute book.

Yesterday morning a vestry was held at Clewer, for the same object as that held on the preceding day at Windsor; Mr.Agar, one of the churchwardens in the chair.

Mr.Secker attended the meeting and addressed the meeting on the purpose for which they had met, namely, to elect an assistant overseer in conjunction with Windsor. He read the letters of Mr.Long to the churchwardens of the two parishes, and of the poor law commissioners to the same officers, copies of which are inserted in the above proceedings at the Windsor vestry meeting.

Mr.Hyde proposed that Mr.Turpin be appointed assistant overseer at a salary of 30 a year, which was seconded by Mr.Brown and carried unanimously, and the meeting broke up.

Windsor Police - Monday
[Before R.Tebbott, Esq.(mayor), and R.Blunt, Esq.]

A man of colour, who gave his name (as we understood it) John Dolby, applied to the magistrates under the following circumstances:-
The applicant, who was a remarkably clean-looking man, of good address and manners, and attired in a sailor's dress, stated that many years ago he belonged to the battalion of grenadier guards now stationed in Windsor. He did not state in what capacity, but probably was one of the discharged black men of whom three or four formerly belonged to the band of each regiment of the guards. Subsequent to that employment he became a seafaring man, and had been serving on board various ships for about twelve years, until a year since, when returning in the ship Rose from a voyage to the West Indies, that vessel was wrecked, and many lives lost, only ten out of a crew of forty five being saved, of whom he was one. He had since been reduced to great distress, and at length he bethought him to come with his wife and child, to Windsor, in the hope of obtaining some assistance from the officers of his former regiment, the grenadier guards. He had, however, learnt that there was only one officer in the battalion who was in it when he belonged to it, and that officer was absent from Windsor. To add to his distress his wife and child were now both confined by illness, and he had no means of obtaining the necessary medical relief for them.

The magistrates expressed much sympathy for the poor fellow, and they gave him from their own pockets some temporary relief, besides which they requested Mr.Gillman, the superintendent of police, to go with him to the dispensary, and to request Mr.Pearl to attend to the applicant's wife and child. The latter having expressed his thanks, then left the court.

Thursday [Before Robert Blunt, Esq.]

Charles Ford and James Slaughter were charged with stealing a truss of hay, the property of Messrs. Bedborough and Jenner, in whose employ the prisoner Slaughter was.

Rolfe, one of the police, stated that at about half-past six o'clock on the preceding (Wednesday) morning, while he was on duty he saw the prisoner Ford carrying a truss of hay from the direction of Messrs. Bedborough and Jenner's stables, in Alfred Mews, Clewer-fields. Witness watched him, and saw him go into his own stable, shut the door, and afterwards come out without the hay. Witness then went to Messrs.Bedborough and Jenner's counting-house in Sheet-street, where he saw Mr.Bedborough, sen., and informed him what he had seen, and asked if he had missed any hay. He replied he had not, but he and Mr.George Warcus accompanied him to the stable, and they traced droppings of hay across a paddock and to the prisoner Ford's stable. They there saw the truss of hay on another truss but of a different quality. The upper truss Mr.Bedborough recognised as like that which was in the stable in Alfred Mews. On asking Ford who was there where he got the truss from, he said he had bought it of a waggoner, but he did not know the person. The prisoner was then taken into custody, and the truss of hay was taken charge of, a portion of which was now produced, and also a portion of that left in the complainant's stable, and they seemed to be of the same quality. Ford, when asked if he wished to put any questions to the witness said "Why did you not take me into custody when you saw me carrying the hay?"

Witness- Because I did not know at that time that you had stolen it.

Dobson, the police sergeant, said he had compared the hay produced with what was in the loft of complainant's stable, and they corresponded. He also compared Ford's shoes with footmarks on the way from thence towards Ford's house and they also appeared to correspond, but there had been some rain, and he could not swear positively to them.

Mr.George Deodatus Warcus said he accompanied Rolfe and Mr.Bedborough, sen., to the stable from which they traced the droppings of hay towards Ford's house, and in his (Ford's) stable they found the truss of hay lying on another truss of a much darker colour, and burnt. On asking the prisoner where he got the upper truss, he said he bought it of a stranger, and he afterwards said he bought it of a waggoner. Witness had compared that truss with the rest in Messrs. Bedborough and Jenner's stable, and it appeared to correspond. The prisoner Slaughter had charge of the horses, and it was his duty to have been in the stable at the time in the morning when Ford was seen by Rolfe carrying the hay. About that time he should be cleaning the horses.

Ford in his defence repeated that he bought the hay of a waggoner, and paid 1s 9d for it.

Slaughter in his defence denied that the hay produced from Ford's stable was Messrs. Bedborough and Jenner's hay; he added it was not of the same quality, and that he had been in the stable , fed the horses, and then took one of the horses to the blacksmith.

Mr.Jenner said he had no doubt that Slaughter had sold Ford the hay, and that this system had been going on for some time, for knowing when it took to feed the horses, and knowing also what quantities of hay were sent in, he was confident that considerable quantities had been stolen. He also knew that Ford had been seen that morning lurking about in the neighbourhood of the stable.

The magistrates conceived that there was not sufficient evidence against Slaughter, and therefore for the present he should discharge him. As to Ford, the evidence was enough to commit him for trial, but he consented to liberate him on finding sureties, himself in 40, and two others in 20 each, to appear and take his trial at the next sessions.