SINGULAR CHARGE AGAINST A FARMER AT PETERSFIELD.
At the Petersfield Petty Sessions yesterday (Tuesday), before the Hon. J. J. Carnegie (chairman), Sir William Knighton, Bart., J. B. Carter, Esq., M.P., and W. Nicholson. Esq., M.P., Mr. Wheeler Powell, farmer, of the parish of Steep, was charged with having, on the 4th of October, unlawfully in his possession parts of six birch trees, of the value of 5s., which had been previously stolen from the Rev.William Henry Hawker.—Mr. Folkard, barrister, of the Western Circuit (instructed by Mr. E. Albery, of Midhurst), appeared in support of the information, and Mr. Henry Ford, of Portsea, appeared for the defendant. The learned barrister, in opening the case, said that the proceedings were instituted under the 24th and 25th Victoria, cap. 96, sec. 35. which provided that if any person were found in possession of any shrub, underwood, tree, or part thereof, he should be liable to be proceeded against before the justices, and unless he could give a satisfactory account of its possession, should be convicted in a penalty of not less than 40s. Having explained the positions of the parties, Mr. Folkard explained that the defendant could have been proceeded against for stealing the timber, had it not been that six months had elapsed before proceedings were instituted.
Mr. Ford said that this admission enabled him now to direct attention to a point to which he should otherwise have deferred when he addressed the magistrates for the defence. Upon a point of law, he urged that the limitation of time applied to the whole of the clauses, and not merely to those referred to by the learned counsel in his opening address.
Mr. Folkard argued contrariwise; and the Chairman remarked that the magistrates thought it would be better if they were to defer the point until the dates came before them in the shape of evidence.
Mr. Folkard then opened the case at some length, from which it appeared that the defendant occupied Proge-farm, which belonged to Mr. Hawker, and that during his absence from England certain trees were cut in Mr. Hawker's woods, adjoining the defendant's farm. A woodman in Mr. Hawker's employ, named Samuel Wells, deposed to seeing certain stumps of trees which had been cut, and to having examined wood in the defendant's possession which corresponded with them, and from some labourers lately in the defendant's employ said that they cut the trees, and afterwards assisted in removing them, by Mr. Powell's directions.—Mr. Appleby, land surveyor, of Fareham, and Mr. Parker's agent, was called to prove that he never authorised the defendant to cut the wood, and in cross-examination he swore positively that he had never told Mr. Powell he could do so for the purpose of repairing some fences.
Mr. Ford addressed the magistrates at some length for the defendant, during which he stated that his client had entered an action against Mr. Parker for slander, in having spread a report to the effect that he had rendered himself liable to transportation, and that it was to this that the present proceedings could be traced. He asked The the magistrates if they thought this conduct becoming a gentleman in Mr. Parker's position, and maintained that he should be able to prove that Mr. Appleby had given him permission to repair the fences. He added, however, that on the part of his client he would consent to abandon the trial for slander, if he (Mr. Hawker) would withdraw all imputations against his character.
To this Mr. Folkard at once consented, and the information was then, by mutual consent, withdrawn. The case, which occupied several hours, occasioned considerable interest.