From the Deal, Walmer, and Sandwich Mercury, 10 April, 1869. 1d.

SANDWICH PETTY SESSIONS

POACHING

James Spain and William Carlton, were charged with a breach of the Poaching prevention Act. Mr. Mourilyan appeared for the complainant, and Mr. Towne for the defendants.

Mr. Mourilyan having opened the case for the prosecution, called Edward Buss, who said: I am Superintendent of Police at Sandwich. On Sunday evening, the 21st of March, about half-past seven, I was in the churchyard of St. Clement, Sandwich, and saw the two defendants come from towards the mill over the stone stile into the churchyard. Carlton was about 10 yards in front of Spain. When Carlton passed me he turned and looked towards me, and as it was a moonlight night I distinctly saw his features. I have known him for some considerable time. Spain then passed me, and I saw he had a bag under his left arm, and I therefore went towards him. Carlton then commenced running, and Spain called out "Stop Wop, otherwise I shan't come." "Wop" is a nickname that Carlton is known by. Spain ran likewise, and I followed them down Church Street, and saw Carlton go into the house where he lives, and immediately a candle burning there was extinguished. Spain ran into Howard's coach-house, adjoining Carlton's house, and I followed and found him standing with his back to the yard gate of Carlton's house. I searched him, and found on him a pewter flask containing powder. I asked him what he had been doing with it, and he said, "rooking." I then let him go, and in a few seconds afterwards found the bag now produced, containing three hares, warm and bleeding, lying just over the gate against which Spain had been standing. They were on the ground in the yard of Carlton's house. I called at Carlton's house, but no one answered me.

Cross-examined by Mr. Towne: I am certain it was moonlight; the moon was very young. I said nothing in the churchyard to either of the defendants, and the first I saw of the hares was in Carlton's yard. Spain was not present when I found the hares; he had just left the yard, and was only 8 or 10 yards from me. Spain was a few feet from me in the churchyard. I feel positive I saw Carlton go into his house.

George Farrier, landlord of the "Sun Inn," Galliard Street, deposed: I know the defendant Spain. I recollect Sunday the 21st March. Spain came into my house about six o'clock that night. He stopped about an hour and left at seven. He came back to my house at from half-past seven to a quarter to eight, and he then told me Buss had been searching him. He asked me if he might leave his oil skin.

Cross-examined by Mr. Towne: Carlton works in my coal-shed. Carlton was not with Spain, and did not come with him either time. I saw Carlton that evening about a quarter past eight. He came to my house in company with his brother. They left my house at five minutes before three, and they said they were going to Worth.

Mr. Towne then addressed the Bench for the defendants, and afterwards called the following witnesses:-

Thomas Farrier, beer-house-keeper, Worth ("Blue Pigeon") said: I reside at Worth and am a labourer, and keep  a beer-house. I know William Carlton. I remember seeing him on Sunday, 21st March, at my house. He came there about a quarter before six p.m., and left about 20 minutes before eight. He was there from  a quarter before six till a quarter before eight, and his brother was with him. I am confident I am not mistaken.

Cross-examined by Mr. Mourilyan: I took notice of the clock when they came in; it was a quarter to six, and I was at tea. They enquired the time when they left, and someone pulled out his watch and said what time it was. I can't swear I heard another man say it was 20 minutes to eight. I said I did not go to the clock, and I could not swear exactly. I can't say my clock was right to half an hour. I don't recollect anything about my clock being too slow - I can't recollect anything about the clock. I don't know that my memory is bad; I wont swear my attention has not been called to my clock being wrong. I won't swear whether my clock has been altered since Buss came in. I won't swear that my clock has not been altered. I was not in the room during the whole time Carlton was there. The distance from the "Sun" to my house is a mile and a half.

Edward Hoare: I am bailiff to Mr. G. Terry, and live at Worth. I was at Farrier's at Worth on Sunday 21st March, and went there a little before seven. I know William Carlton - he came there when I went; I am quite sure of it. I saw him go away; he left at 20 minutes before eight. I am certain of that. He was there when I left at 20 minutes to eight.

Henry Carlton: I am brother of defendant, William Carlton. I was at Farrier's at Worth about six on Sunday evening. We went into the "Crispin" at Worth at ten minutes after five, and about a quarter before six we went to Farrier's beer-house. We were at Farrier's about two hours, and then came back to Sandwich. Whilst we were at Farrier's my brother asked the time, and Hoare said it was 20 minutes to eight.

The Justices dismissed the summons against Carlton, and fined Spain £2 10s., and 17s. costs, or two calendar month's hard labour.