PETERSFIELD.
PETTY SESSIONAL BUSINESS, TUESDAY, Dec. 8.—Present: J. J. Carnegie (chairman), W. Nicholson, Esq., M.P., Capt. Sandeman, and J. Waddington, Esq.
The Chairman delivered the judgement of the bench on two cases which had been adjourned from the last sitting. The first was that JAMES HALL, the landlord of the Five Bells public-house at Buriton, who was charged with selling beer at an illegal hour on Sunday, viz.: about 11 o'clock in the forenoon. The defence was that the person to whom the beer was supplied was a lodger. The Chairman, having recapitulated the evidence, said the magistrates, in the judgement which he was about to deliver, had been guided by two decisions which had been given in the superior courts, in both of which it had been laid down, that a publican could not legally sell beer on Sunday even to a lodger until after the hours of divine service in the morning. The 11 and 12 Vict. restricted the sale exclusively to travellers, but by a subsequent Act (18 and 19 Vict.) an exception was made in favour of lodgers. This exception, however, only applied to the afternoon. Defendant was therefore convicted and adjudged to pay a fine of 10s., with costs 13x. 6d.
AN ACTION FOR EJECTMENT.
The other adjourned case was an application on behalf of Lord Hylton for a warrant of ejectment to recover possession of a house and premises at Langrish, held by HORI BERRIMAN as yearly tenant. In this case notice had been given to quit at Michaelmas, to which defendant demurred on the ground that the tenancy commenced at Midsummer.
It appeared from the evidence (which we fully reported at the time) that a portion of the land sought to be recovered was entered upon at Midsummer, 1849, at a rental of £10 a year, and that another field was subsequently added to the occupation at a yearly rent of £3, but the rent for the whole, viz., £13, had been paid half-yearly at Michaelmas and Ladytide.
The Chairman said the decision to which the magistrates had come that was that so much of the land as was entered upon at Midsummer should be held up to that quarter but that the field subsequently added was a Michaelmas hiring and should be given up at once. They, however, suggested to the parties yo come to some amicable arrangement for giving up the whole at the same time.
POACHING AT BURITON.
ISAAC POWELL, ROBERT PORTER, ALFRED PORTER, and WM. SOAL were charged with trespassing in search of game at Buriton, on the 9th Nov. Robert Porter did not appear. The charge against the others was proved by Arnold Stroud, gamekeeper to W. Green, Esq., Ditcham Park. Soal and Alfred Porter (against whom previous convictions had been recorded) were each fined 6s., with costs 4s., or a fortnight's imprisonment with hard labour. They were all removed in custody.—HENRY MOORE pleaded guilty to a similar charge, and a former conviction being proved against him, he was fined 15s., with 9s. 6d. costs.
RABBITS.
THOMAS WAITE was convicted at the last sessions of trespassing in search of rabbits in the parish of Steep. The conviction was based entirely on the evidence of Mr. George Green, who swore to the identity of the defendant.
Waite declared that he was innocent, and gave notice of an appeal to the Quarter Sessions against the decision of the magistrates.
Mr. Green now appeared and stated that he had since discovered that he was mistaken as to the identity of defendant and expressed his willingness to make him any reasonable compensation for having brought the charge against him.
This proposal was accepted by Waite, who thereupon consented to withdraw his notice of appeal.
ASSAULT.
FREDERICK ETHERINGTON v. THOMAS FITT.—This was a charge of assault, to which defendant pleaded guilty, and was fined 5s., with costs 9s. 6d.
LICENSE.
The license of the Seven Thorns public-house, in the parish of Bramshot, was transferred from Benjamin Butler (deceased) to his son-in-law, JAMES PATTENDEN. Mr. Butler had conducted the house for 52 years, and the Chairman remarked that he had never heard a single complaint against him.
STEALING HAY AT EASTMEON.
GEO. AYLING was charged with stealing at Eastmeon, on the 20th Nov., 9lb. of hay, value 6d., the property of Jane Vinn.
P.C. John Moore deposed to watching a rick of hay standing in Kews Meadow on the evening of the 20th Nov., about twenty minutes to nine. He saw the prisoner come to the rick and begin pulling out the hay and filling a sack with it. Witness was concealed in a ditch, and in creeping towards prisoner he trod on a stick which snapped asunder, when prisoner, hearing the noise, ran away leaving the sack behind him. Witness was within five yards of him, and it was a monnlight night, and he also turned his light on him. He was quite sure it was prisoner, as he had known him well before. He afterwards went to the prisoner's home and charged him with stealing the hay, and took him into custody.
Prisoner elected to be tried by the magistrates and pleaded not guilty.—Convicted and sentenced to six weeks’ imprisonment with hard labour.
CURIOUS CASE.
WILLIAM MATTHEWS was charged with stealing from the person of Henry Fisher, on the 17th Nov., at the Volunteer Arms Inn, Petersfield, one silver watch, value £3. The prosecutor swore so decidedly that he felt prisoner drawing his watch from his trowsers pocket, that though nothing was found on searching the bench committed him for trial.