Thursday. - Before H. H. WATSON, Esq. (in the chair), H. JEFFERSON, Esq.,
and J. MUSGRAVE, Esq.
TRESPASS IN PURSUIT OF GAME.
William HUTCHINSON and Thomas COMASH, colliers, of Ginns, Whitehaven, were
summoned for having been in pursuit of game.
P.C. STAMPER stated that at about half past five on Wednesday evening, the
8th inst., he was near Preston Hows, when he saw the defendants and two ther
youths he did not know, ranging a field of Mr. JEFFERSON’s with a lurcher and
a cocker dog. He did not see the dogs run any game. Defendants also pulled
stones out of the wall.
In answer to the Bench, the defendant’s admitted that the policeman’s
statement was correct, and defendants were each fined 20s including costs.
HARRINGTON SCHOOL BOARD.
Mr. TOLSON, clerk to the above Board, appeared to prosecute several persons
for not having sent their children to school. A fine was inflicted on Thomas
QUAYLE, 2s 6d. An attendance order was made on Robert HOLLAND, Thomas
MITCHELL was fined 5s.
William TALBOT, of Harrington, was summoned by Messrs. IREDALE, brewers, of
Workington, for having fraudulently and clandestinely removed furniture and
goods from the Globe Hotel, Harrington, for the purpose of preventing the
landlord destraining for rent.; and Mary Jane TALBOT, and Walter BLENCOW, of
Harrington were charged with aiding and abetting in the offence.
Mr. ATTER appeared for the prosecution, and mr. WEBSTER defended.
At the outset the clerk suggested a settlement in the case between the
parties, recommending that the defendant TALBOT should pay the full quarter’s
rent. Mr. ATTER declined the offer, stating that he was instructed to press
these proceedings, which were taken as a warning to others.
The defendant, TALBOT had signed an agreement to pay the rent quarterly in
advance, and the defendant was indebted, besides the quarter’s rent, his
spirit account, to the Messrs. IREDALE,
Joseph CLARK, agent for Messrs. IREDALE, Police Constable MAVOR, Henry
DIXON, William MOOR, John ATKINSON, and Mr. and Mrs. GAWTHORPE, of Harrington.
The evidence was to the effect that TALBOT had taken the Globe Hotel from
Messrs. IREDALE, and under an agreement he was to have paid his rent
quarterly, but the rent book showed that arrangement had not been carried out. In
August last some difference arose between TALBOT and Messrs. IREDALE, and on the
18th and 22nd of September, some men were engaged by Mrs. TALBOT and they
removed the defendants’ furniture to another house in Harrington. The removal
took place at night, between six and twelve o’clock. TALBOT, however, had given
up the excise license and the key to the Messrs. IREDALE, and they had
accepted these and put in another tenant.
For the defence, Mr. WEBSTER contended that there was a surrender of the
premises on the 24th of September, when the excise license was taken from
TALBOT, and if not then certainly on the 30th September, when the key of the
premises was accepted by the landlord. Mr. WEBSTER said he could well understand
the reason of these proceedings. By their agreement they sought to be able to
distrain not only for rent, but also for the liquor supplied. He considered
this a most vindictive proceeding, because if the complainants merely wished to
distrain for rent, they could have followed the defendant’s goods.
Defendant, however, had left goods in the house which he valued at £8, and
which was more than the rent due. Some legal points were then raised by Mr.
WEBSTER, but the Clerk said the magistrates had first to consider whether
there was any clandestine and fraudulent removal.
The Bench considered that the evidence of fraudulent removal was not
sufficient for the Bench to make an order. Case dismissed.
William Johnston, draper, of King Street, Whitehaven, was summoned for
having caused an obstruction to the footpath by having a number of boxes placed on
Mr. TYSON, assistant clerk to the Trustees, proved that the Trustees had
authorized the police to take these proceedings.
Sergeant SANDERSON stated that on the morning of the 12th of last month
about thirty boxes belonging to the defendant were standing on the street and
projecting a foot onto the footpath.
Sergeant BELL corroborated the previous witness.
Defendant said the boxes had been put out of the premises to await the
railway cart to take them away.
The Bench informed the defendant he had broken the law, and he must pay a
fine of 12s, which was principally costs.