PETERSFIELD.
Agent—Miss DUPLOCK.
PETTY SESSIONS, TUESDAY.—Present: Hon. J. J. Carnegie (Chairman), G. Forbes, and J. Waddington, Esqrs.
— John Powell, of Buriton, was charged on the information of William Richards, with having, on the 17th May last, taken eight pheasant’s eggs from a nest in a field called the Barn-field, in the parish of Chalton. Mr. Field (of Gosport) appeared for defendant.—William Richards deposed as follows: On the 17th May I was lying by a pheasant’s nest in Barn-field. I went to the nest about twenty minutes past seven in the evening and saw eight eggs in it; I then laid up about 100 yards from it to watch, and about twenty minutes past eight, as I stood behind a tree where I had a full view of the place where the nest was, I saw John Powell go to the nest, which was on the top of a bank between the highway and the field. He leaned on the bank for a minute or so, and when he came away he went along the road and passed within ten yards of where I was standing. I went directly to the nest, and found the eggs gone. I then went to see if I could overtake Powell, but did not do so. I saw him afterwards on the same evening at the Red Lion at Chalton. I told him I was going to take a summons out against him for taking the pheasant’s eggs from Woodcroft. He said he had not been out of the road, nor taken any eggs. I said, what is the use of telling me that, when I was standing and looking hard at you. No one passed along the road either way while I was watching, if they had I must have seen them, and no one could have come to the nest from the field side without my seeing them, as I was on higher ground.—Mr. Field cross-examined the witness at considerable length, but without shaking his testimony as to the main facts of the case. Fined 24s. and 7s. 6d. costs.
— George Bramley, Frederick Hoar, and Henry Knight were sworn in as members of the 12th Hants Rifle Volunteer Corps.
— Durman v. Macfarland. This was a summons for non payment of poors-rate. Mr. Albery, of Midhurst, appeared for complainant, and Mr. Minty for defendant. The real defendants in the case were the trustees of the Petersfield National School, Mr. Macfarland, who is master of the boys’ school, being nominally summoned as the occupier of the premises. It appeared from the evidence, that up to the month of April last, when the rate in question was made, the dwelling houses only of the master and mistress had been rated, and not the school buildings; but on that occasion the then overseers rated the entire premises, on the ground that the master had a beneficial occupation of the school as well as the house in which he lived. This beneficial occupation was denied by the defendants, who, on this ground, pleaded non-liability, and hence the present proceedings. Mr. Albery contended that as defendant admitted his liability in respect to a portion of the premises for which he was rated, and as the statute gave the Bench no jurisdiction as to the extent of that liability, it was quite clear that the only course open to them was to enforce payment of the present rate, and to leave it open to defendant to appeal if he thought proper to do so, and he called Mr. Durman, the Assistant Overseer, who proved the rate, and also deposed that he had demanded it on the 4th of June, and that payment was refused.—Mr. Minty, on the part of defendant, contended that inasmuch as he was merely the paid servant of the Trustees and had no beneficial interest in the School buildings; and with regard to the Girls’ and Infants’ School Rooms, had nothing whatever to do with them, it was impossible that any liability could attach to him beyond that arising from his occupation of the dwelling-louse, for which alone he had hitherto been rated; he called Mr. Macfarland, who deposed that the Schools were entirely under the management of the Committee, that the received a salary from them, that the entire proceeds of the School were paid over to the Treasurer; that in 1858 a commercial class was introduced for the children of tradesmen and others, that his salary had been increased by the addition of half the proceeds of this class.—Cross-examined by Mr. Albery—I have no private pupils whatever, am not allowed to have any; I keep the key of the Boys’ School, but not of the Girls’ or the Infants’; my salary has been increased since the establishment of an upper class, pupils from other parishes belong to this class. Applications for admission are sometimes made to me, but more frequently to the Clergy.—Mr. Small deposed—I am the Treasurer of the Petersfield National School, as such I receive all monies and make all payments; the childrens’ pence are paid to Mr. Macfarland and he accounts to me for them, he has no control over the other departments of the Schools; there is an upper class in the Boys’ School, the fees of this class are all paid to me, and Mr. Macfarland is paid an increase of salary equal to half the proceeds of this class. Witness produced the minute book, and read from it the resolution passed by the Committee on the 8th of June, 1858, by which Mr. Macfarland was authorised to retain half the fees arising from the commercial and classical class.—At this stage of the proceedings, the Chairman suggested an arrangement, by which the Managers of the School should consent to pay the present rate, and then consider in what way they should raise the question of liability, whether by appeal to Special Petty Sessions or to the Quarter Sessions, or by both parties agreeing upon a case to be submitted to Counsel.—Mr. Albery expressed, his willingness to meet defendant in any reasonable arrangement that would save expense, and so the matter ended for the present.
— Henry Vokes, of Eastmeon, was summoned to show cause why he refused to attend and be sworn in as parish constable, on the 3rd of April last, whereby he had made himself liable to a penalty not exceeding 10l. Defendant said he had other business to attend to that day, and could not come—that he came last Bench day, but got there too late. He at first treated treated the matter very glibly and fenced with the questions put to him by the Bench, but finding the magistrates were determined not to be tampered with, he at length said he was sorry he had not attended, and would take care the same thing should not occur again. Fined 10s. and 10s. costs.
— John Bean and John Weston, two lads belonging to Catherington, were convicted of taking and destroying 11 partridges’ eggs on the 1st June. They were seen to go to the nest and take out the eggs and wantonly throw them against a stile. Weston did not appear, but service of summons upon him being proved, the case was proceeded within his absence, and they were adjudged to pay 1s. for each egg and 8s. 6d. costs.
— James Powell was charged with stealing at Froxfield, on the 23rd June, 11 pieces of oak timber, the property of Wm. Barnard, who deposed to having a quantity of timber for ladder rounds stacked up some weeks ago near Staples Farm, in the parish of Froxfield. Police constable George Watkins deposed to being on duty at Froxfield Green, on Saturday night last about 11 o’clock; he heard some one walking from the place where prisoner lived in the direction of Stapleash Farm, and shortly after he heard footsteps returning; he met prisoner in the road and spoke to him for a few minutes, and then prisoner went towards his house and witness went in the opposite direction, in a few minutes he heard steps again as if coming in the direction of Stapleash Farm, witness immediately went back and met Powell a few yards from his house with some wood under his arm, which he at first said were chips which he had got from Steep, where he had been at work; the wood now produced is the same. John Blackman, who lives at Stapleash, identified the wood, especially one piece which had certain marks on it, as part of that which had been stacked there, and which belonged to prosecutor. Prisoner was committed for trial at the ensuing quarter sessions.
— The Fountain, at Idsworth, was transferred by endorsement to Ann Carpenter, widow of the late landlord, the Bell, at Liss, was transferred in like manner to John Longhurst, and the Five Bells, at Buriton, to James Hall.