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CRICKHOWELL. PETTY SESSIONS, FRIDAY, MAT 17, before MABTYW J. ROBERTS, Esq., and W. H. WEST, Esq. IMPORTANT FISHING CASE. Mr. E. D. Batt, surgeon, Abergavenny, was charged by James Powell, water-bailiff, in the employment of the Board of Conservators of the river Usk, with having been in possession of an unclean salmon. The case had been adjourned from last court day to admit of the production of evidence to disprove the charge, as regarded the wilfulness of the act. Mr. Lewis, solicitor, Crickhowell, was for the prosecution, and Mr W. F. Batt, Abergavenny, for the defence. Mr. Lewis, in making his opening statement to the Bench, said he appeared in the ease on behalf of the Board of Conservators of the river Usk. They had received information that an unclean salmon had been killed in the river, and at once" instructed the prose- cutor to make enquiries respecting the matter those enquiries tending to make them deem the case as one that necessitated judicial investigation. Their prin- cipal reason in bringing the case forward was that, insomuch as they had summoned oth- r parties for unlawfully taking fish, it was their duty, without any respect of persons, to have this matter enquired into. If the charge had not beeB brought forward they would have been open to the objecion that they ha" prosecuted poor men and let a gentleman off, and the prosecutor was accordingly instructed by 'he Board to see if he thought there were anv grounds for a summons, and if so to bring th.. matter before the Bench that it might be fairly investigated. Tht Salmon Fisheries* Act was passed for the purpose of increasing the supply of salmon; the clause iu that Act to which he would draw their attention was th» 14tb. It was there stated that persons rendered themselves amenable to the low by wilfully taking an unclean or unseasonable salmon, or by having one in their possession. There was a proviso in the latter p < rt of that clause to this effect-(and be drew thfir Wor- ship's attention more particularly to it because i. would, to some extent, be their guide in coroir g to a decision in this case)—that any person who took such a fish accidentally, should forthwith return the same to the water with the least possible injury. He thought the case turned upon that point. fie would now reTert to the evidence he had to adduce Mr E-igar Batt, while down the river fishing on the 29th of April, hovked a salmon, which he supposed, no doubt, was a new one. One j>f the wi'nessfs, a river-keeper, came up at th* time, acd Mr. Batt called up-,n him to assist in landing the filCh; he used his net and landed it, and then called on Mr. Batt to return it to the water, as it was an old one. Instead of this, Mr. Batt took up a stone and struck the fish twice on the head, ther eb> killing it he afterwards took the fish away with him, thus bringing the case under the second part of the section. Mr. Lewis then called George Golton, gamekeeper to Mrs. Crawshay, who deposed: I recollect being on the river side last Monday fortnight, the 29th of April I saw Mr. Edgar Batt near the Duke's wood stream, of the Usk he had bold of a fish when I saw him I had a landing net with me, and he called out to me to land the tish for him; I went and took the fish into the net; I then said, Get the hook out of him, sir, and we will turn him back Mr. Batt was very much excited, and instead of getting the hook out he got up a stone and struck the fish twice on the head. Mr. Roberts Are you sure that was after you said "Get the hook out?" # Witness: Yes, sir, it was after; when he struck him I said, "Why, he is an old one;" Mr. Batt replied, "Oh no. turn him on the bank Mr. Batt then got the hook out. and I turned the fish out of the net on to the bank, and was about to leave the fish was alive when I turned him out of the net on to the bank; it plunged two or three times; Mr. Thompson, the Duke of Beaufort's agent, then halloed out and said the fish was an old one Mr. Batt then turned to me, and said, "Is it an old fish, keeper?" and I rtplied, u Yes, sir, I told you it was I then left. Mr. Roberts When you told him again it was an old fish, did he admit you were right and he was wronit ? Witness No, sir I afterwards saw him take the fish away. Mr. Roberts Then there was no contradiction in any way? Witness: No, sir. Witness continued: Mr. Thompson gave it as bis opinion that the fish was an old one, or said it was an unclean one I afterwards saw Mr. Batt take the fish away it was about twelve pounds weight, and was a hen fish the weight should have been more; it had a large head, and was very black under the gills had red spots on the top of its bead, and was thin thtre was oloody matter oozing from the vent; in my opinion, it had spawned about a month or six weeks ago perhaps; I saw Mr. Batt on th- following Friday, the 3rd of May; he said, They have made a fine bott er about the fish that I took the other day old Powell, the river-keeper, came down to my house about it, at Abergavenny there was no doubt about it, it was an old fish," Mr. Roberts Was anybody else present ? Witness: Yes, sir; there were Beavis and Mr. Mylt-s's keeper there. Witness resumed Mr. Batt said that Povi ell was too late to see the fish, for it was in the pot "hen he got there. Cross-examined by Mr. William Batt: You did not see th" fish hooked, did Jou?-A No, sir. Q. You were not there?—A. No, sir. Q. How long was this fish on the hook?—A. About five minutes after I got there. Q. He had it on about five minutes after you were there?-A. About five minutes, sir. Q. You said Mr. Batt was c-xcited ?-A. Yes, sir; he was excited. Q. You were all excited, weren't you?—A. No, sir, I wasn't excited I had nothing to be excited abuut; it wasn't my fish. Q. Didn't you say while he was playing it, II It is a nice clean fish?"-A. No, sir. Q. Will you swear that?—A. Yes, sir. Q. Did anybody say so?—A. Yes, sir, Afr. Crawshey said so for one; and Mr. Thompson said it was a nice fish that was at the time he was playing it. Q. Major Gwynne was on the opposite side, and said it was a nice bright fish?—A. Yes, sir, he said it was a nice bright fish when it turned over. Q. There was a good deal of eagerness displayed in trying to kill this nice bright fish, wasn't there ?- A. Yes, sir there was he wanted to have two landing nets. (Laughter.) Q. They were chaffing, I suppose ?-A. They thought the one net was not so good as the 0' her, or something of that sort Mr. Thompson wanted us to have another. Q. There was a little eagerness on his part then?- A. There might be, sir. Q. You missed the fish several times, didn't you?— A. Once; the fish was a long out-, and I could not get it into the net the first time, but I did the second tiroe. Q. You said, when yon landed the fish, "Get the hook out ?"-A. I said, Get the hook out, we will turn him back." Q. We will turn him back;" what did you mean by that ?-A. I meaiit that it was an old fish. Q. You did not say it was an old fish ?-A. I did after Mr. Batt struck him. Q. You don't mean to say you said 11 Get the hook out," and We will turn him back," both together ? A. Yes, air, I said them together. Q. Mr. Thompson was close by, then ?-A. He was above us. Q. Within a yard ?-A. He was about 18 feet higher than we. Q. How far was Mr. Batt off ?-A. He was close by my side; close to me. Q. Where was Mr. Crawshay at that time ?— A. He was cluts to where we were; we were all round the landing net. Q. Who ?-A. Mr. Batt, I, and Mr. Alfred Craw- shay—three of us. Q. If you said Get the hook out, we will turn him back, he would have heard you ?-A. Yes, sir I should have thought so Mr. Alfred Crawshay did hear me he has spoken of it since. Q. How do you know that ?-A. He said so in my presence and in the presence of witnesses, sir. Q. Well, I suppose if he says nothicg was said about an old fish he will be telling a story?—A. Yes, sir, he will be. Mr. Lewis informed the Bench that Mr. Alfred Crawshay would have been called, but he had returned to school. Cross-examination continued: Well, you. stated just now, when you said it was an old one, Mr. Batt replied, "Oh, no, turn him out on the bank?"—-A, Yes, he did. Q. You state that he struck the fish twice ?— A. Yes, sir. Q. When he said "Turn him on the bank," you did turn him on the bank ?-A. Yes, sir, I did throw him on the bank ? Q. Did Mr. Batt strike the fish on the head while it was still in the net ?-A. Yes, sir, and he struck the net as well as the fish. Q. You say again you took the fish up when Mr. Batt said Oh, no, turn him out on the bank ?— A. I turned him out. Q. Well, now, why didn't you put him back into the river?—A. I did not think it was my business to turn him back. Q. Why didn't you ?—A. It would not do for me to do it. Q. It was your duty ?-A. It would make a great I difference if I were a public keeper on the river, than if I were in a private situation. Q. You are a public keeper, aren't you?—A. I am not a public keeper I am a gamekeeper, but I have got a warrant from the Conservators. Q. You have got a warrant from the Conservators? —A. I have got a warrant, but it is a different thing when I am paid by somebody else, and not by them. Q. It does not matter in the least.—A. You under- stand, when we are paid by private parties we must. not make ourselves too fast, or else we get into trouble; poor people mostly look where the money comes from. Q. Now will you swear it wasn't when the fish was on the bank Mr. Thompson first said it was not a fresh fish ?-A. Mr. Th, mpaon was not the first who said so I told Mr. Batt it was an old fish, and after I put it on the bank Mr. Th> mpson and Mr. Crawshay t-aid it was an old one Mr, Thompson said it was an unclean fish. Q. That was the first time Mr. Alfred said so ?— A. Yes, sir. Q. And that was the first time Mr. Thompson said so?—A. Yes, sir. Q. Now, when Mr. Thompson said it was an unclean nsh did you say Ob say nothing about it Y"- A No, air. Q. Now, where did you see Mr. Batt take this fish away?--A. I was further down, just below Mr. Batt, about 150 yards below him I aw him take the fish up in his hand, ai d put it in his baskit; at the same time the river keeper was halloaing after h m Q. How far ..drt you see him take it ?-A. I saw him go away up the hank with it. Q. Examii ing ÍI ?—A. No, ho- « as not examining it. Q. What was he doing with it?-A. Carrying it in his hand. Q I thought you said he put it in his basket ?— A. Yes, sir, he put if in tffe basket. Q. How long had you been absent between that time ?-A. Twenty minutes, or half-an-hour. Q. You w, re 150 yards iff ?— A. Yea.sir; Mr Batt was in my sight the whole of the time. Q. Now, what do x (iu mean by an old fi,h ?- A. Wb..t I mean bv an olii fish is an unclean one Q You don't know how old it was, I suppose ?- A. No, sir. Q How do you tell the age of a fish ?—A. I don't know. sir. Q. You don't know how to tell the age of a fish ?- A. No, sir. Q How long have you been a keeper ?-A All my lifetime. Q. Where were you before you came to Mrs. Craw- sh;n'sf-A. In Surrey. Q. Is there a salmon river there ? A. No, sir. Q. Have you seen a salmon river before you came here?—A. Yes the Avon and the Stour. Q. Did you ever catch a salmon ?-A. Yes, sir, I caught one last night. Q. B. fore you came here ?-A. Yes, sir. Q. Where ?—A. In the Stour, in the Avon, and in the Dart. Q. Did you see Mr. Batt talking to Mr. Thompson before he took the fish away ?—A. Yes, bir, I never went out of his sight; he was talking to him while I was going this 150 yards at that distance I stopped and conmenced truut fishing. Q. Will you swear it was a hen fish ?-A. Yes, sir. Q. Everybody had a doubt about the fish before it was killpd?-A. No, sir, I don't believe anybody bid a doubt about it, only they kept on saying what a nice bright one it was. Q. You state that the first time you saw it was a doubtful fish was when you sav- it in the net. ?-A. No, sir, I said nothing about a "doubtful fish it. was the first time I expressed my opinion I did not say anything at. all till I saw it in the net. Q. Where did this conversation take place that you sav to»k place between you and Mr. Batt, on the 3rd of May ?—A. At the place the fish was caught. Q. Yon state that Mr. Alfred Crawshay and Mr. Mvles's keeper wt-re present ?-A. Yes, on that occasion. Q. Where was it, on the river I suppose ?-A. Duke's wood stream, where the fish was killed. Q. You are going to leave your situation ?-A. Yes, sir, I am going to leave that one, sir. Q. I think you are the person who had a very nar. row escape from being shot at one time ?—A. Last winter I bad, sir. Q. That was when you saw fifteen n en in the wood ?—A. Fourteen or fifteen, sir. Q. And you said too that they had fourteen or fif- teen pheasants ?—A. Yes, sir, they had some birds with them. Mr. Lewis I submit that this is irrelevant. Mr. Batt: I only want to show whether he is to be believed or not; he tells strange stories sometimes, and I only wish frotu what I ask him for tne Bench to infer whether he is entitled to any d gree of credi- bility. Mr. Roberts: Is it easy to know a foul from a clean fisit while you are placing with it ? Witness: Sometimes, when it jumps out ot the water. Mr. Roberts I ask the question because I am no sp >rt*man. Is it easy to distinguish a foul from a clean fi-h in the water ? Witness No, sir. Mr. Roberts: Is it possible to know an unclean salmon in the water. ? Witness Yes, sir, it is possible. Mr. West: It is not possible to know every fish you take ? Witness Oh, no sir, not every fish. Mr. Lew's One tting you stat. I just want an ex- planation of; you state that jou w re going down 6f een yards and that yuu saw Mr. Thompson speak to Mr. Batt ?-A. I saw them tog< tHer. Q Were you turning hack to took ?—A Yes, sir, I was looking hack occasionally to look at them. Q. He was on the bank was he ?—A. Yes, sir, he was showing him some flies or something. Charles Beavis ó. posed I am gamekeeper, in the employ of Mr. Myb-y I remember meeting M-. B.ilt on the river side on the 3rd instant, and rec,-Ilec, a conversation that tonk place, Mr. ifatt, Mr. G 1 on, Mr. Crawshay, and myself were there; they e"e fiihing down by i h(- Duke's wood Mr BaIt said I ev are making a fillft fuss about that. fish he added there was no doubt it was an old fish, he had boiled him and given him to his pointer (laughter) he said Powell had been down to his house enquiring about the fish, but did not "ee it, and so li-st his jou ney by an unclean fish, I understai d, one that has been up the river spawning, and is on the way back to the sea. Cross-examined hy Mr. W. Batt Do you know whit took Poweli to Abergnvennv ?-A. I don't. know more than I have heard from Mr. Bart. Q. Did Powell tell you what he went to Aber- gavenny f »r ?-A. I heard Mr. Batt say Powell went to Abergaveuny to look at the fish. Q. What did he want to look at the fish for ?-A. .To see whether it was an old one or a new one. Q. Do you know who sent him ?-A. No, sir, I don't know who sent. him. Q. He did not tell you, did he?—A. No, sir. Q. Did you ask him to do it ?-A. No, sir; I didn't know he had been till I heard Mr. Bait say. James Powell, wato-r-bailiff, tieposed: In consequpnce of information receivei, I went to Mr. Batt's house, at Abergavenny, to see the fish I heard had been taken; this was on the 29th of April, the same evening that the fish had been killed I did not see the fish I said to the girl, Your master caught a very nice fish to. day i" she said, "Yes j" 441 should like to see him," said I; the girl replied, "You are too late; the fish is in the pot for pickle" (laughter); I then came away, telling the nirl to inform her master I had been there. By Mr. West: It is ra, her difficult to say whether a fish is an old one or a new one when it is in the water; I saw Mr. Batt fishing, but did not see him catch the 6sh I had a suspicion that the fish was a bad one; I saw Mr Batt as,( the keeper about the fish; I was on the opposite bank, about 150 yards off; I saw him draw the fish out, and it being very long and thin it struck me it was an old one; that was why I enquired. Cross-examined by Mr. W. Batt: You say you were 150 3 ards off when you saw this fish, and you thought it was an old one at that distance ?—A. I mistrusted it was a bad fish. Q. Why?—A. Because it looked very long and narrow. Q. Had you a conversation with anyone before this? —A. No, sir. Q. Not with anybody?—A. No, sir. Q. Had you seen Maj.,r Gwynne ?—A. No, sir. Q. Had you a conversation with the keeper?- A. Not before, sir; I passed him on the river, and Mr. Batt and Major Gwynne, but had no talk with them Q. Well, you say the servant told you the fish was in the pot for pickle?-A. Yes, sir, but I did not see it in the pot. Q. You did not see Mr. Batt at all then ?—A. No, sir. Q. Did you have a conversation with him afterwards ? —A. Yes, I saw him about a day or two aft. rwards he told me I was al ways a smart fellow, but he was too smart for me. (Laugh'er.) Q. You were formerly his servant, weren't you?— A. Oh yes. Q You were keeper at the Twyn before you came here?—A. Yes, sir. Q He us- d to pay you, didn't he?—A. Yes, sir he was a very good master; I have nothing against him. Mr. William F. Batt then addressed the Bench for the deten, e. He submi ted that there was really no case agaiLst the defendant, whatever; the charge that Mr. Batt wilfully took, and had in his possession, an unclean fish that be took the fish there was no doubt, but that it was an unclean fish at th" time he took it, he denied most. positively, or that he knew it was an unclean fish. Nobody seemed to suspect it was an unelean fish the keeper said be called "ut. "Get the hook out, and turn him back," but thilt remark was not made until the fish was on the bank. Then, assuming it was a bad fish, unless they could show a gu'l'y knowledge and intention on the part of Mr. Batt, there %,as no case at all under the Act of Parlia- ment. It was an accid. no-a mistake, and nothing else, and they must shew a mala animi before they couJri convict. He denied a'so that the fish was really a bad one it played like a new fish, and everybody supposed it was a good one it was landed, the hook taken out of its rtrouth, and killed under the firm belief that it was a good and •bolesr.mely < lean 6sh it. was taken up he bank, and then for the first time,-as he thought they would h. ar from Mr. Thompson, whom he would ca'l, and whose evidence might be relied upon with confidence.—that be sa'd, "It is no: a good fish after all I am afraid it has been in the river some time." If they did away with the evil intention on the part of Mr. Batt to kill this fish they would have to show that it was actually an old fish. It. was not likely Mr. Batt w. uld go and commi' intentionally an offence of thi" kinrl, for nhich he would beli ble to a fine, and by which his character itS a sportsman would be injured, before two conservators, a tiier- keeper, and at. other gentleman, and one of the conservators being the rep-esentative of the Duke of Beaufort, by whose permission he fished in that stream He did not think it wa- by the c)iretioti ot !ho,e consetv;ito,s that this action WIIS brought. There were other conservato's in the district who thought this caseshouid be brought forward. The decision of the matter depended entirely upon the evidence or one keeper, and he considered it most u,.fai, that the n).atter,h(-uld havebeen brotjvhtbeforf-th, B. neb, ami it was one that ought not to m,t with their "oumi nance. He was driven to the necessity of'calling Mr. Th mpson before th'in 10 tell thetn what r. ally <<id take pi ee. If they were sa bfied from the evidence that Mi Ba t klle-A the fish was uncUati a the time it w; killed, he wfuld eall M, Thompsoii. M Robert- No coubt about it. Mr. West: I nave n" d. ubt about it. Mr. Thompson, the Duke's agent, deposed I was pre- sent on the river s'de ai d sa » Mr. Batt (1-ach tnis fih on the d y in quesM -n, the 29th of April M»jor Gwynne was on 'he opposite side of i he river, and the keep r, young Craw>h»y, and tnyself this sid'- they came up afterwards to net th, fi.h; there "'as a great deal ot excitement when the fish was being pla,s.ed, hy all parties I think I was the least excited on the ground the keeper was excite<l or look- d very much like it he missed netting the fish the first time and Mr. Batt said I had better take it with my net; we ultimately landed the fish, mtiti it was carried up the t'ank by the keeper I was on t"e ba: k immediately above them, and could hear at,d see all that passed the impression of every one there was that the n-h was a g od one when it was on the bank I thought it was not a clean run fish, and made an observation to tbat effect to young Mr. Crawshay; that was af, er it was brought to the bank and laid down and was the fiisi mention I heard of its being an unclean fish I was close by the whole of the time, and could have heard the keeper if he had said it was an old fist, I supposed the keeper saw it was an unclean fish, be- cause in carrying it up the hank, h.. said, lC don't tell anybody I made no answer to that rem irk did not hear the keeper say to Mr. Batt, "get the hook out," neither heard him say, get the hook out, we will turn him back there was no talk about turning him back into the river in my presence. Mr. West: Could the keeper have said to Mr. Batt, "get the hook out and turn him back without you' hearing him ? Witness No, sir, there was no whispering, and the whole thing was done very quickly. Witness continued The fish was not. thrown back; I think Mr. Batt was "as innocent as the grave about its being an old fish the fish was almost dead when it was brought to the bank it was struck with a stone in my opinion it had been in the water a month or six weeks, though the fish wouLi have eaten well if it had been prop- rly cooked it appeared b ight and fresh wlu n it was first brought out of the river Mr. Ba't said to the keeper, why didn't you tel' me it was an unclean fish; 1 did not look at the fish;' Mr. Roberts Before you went away was it the general opinion that the fish was an unclenn one? Wi i ess It was the general opinion that the fish was an uncle-an one. Mr. W. Batt We perf cly acknowledge that. Mr Roberts What do you mean by a good fish ? Witness A fisn that has not been too leng in the water. Mr. Roberts Was it an unseasonable or a season. able fish the words of the Act are unclean or un- seasonable." j Witness I think the general opinion was that the fish was unseasonable. Mr. Batt That is, that it was not a good fish Mr. Roberts If it is proved that tne general opinion of the peopl, roun • was that it was au un- clean or an unseasonable fish, and that after that Mr. Batt wi nt away w th i theu he was in po-session of the unclean fish, according to the Act. Mr W. Batt stated that they did not deny having taken the fi,h away Witness continued I had a conversation with Ilr. Ba, t atterwarris about the fish, and told him that if thi, fish was cooked pr-,perly,-if it h id about hou 's siti-meriiig-it w uld do very well. Cross-examined hy Mr. Lewis You say it was not cOIIid"re'¡ in top opinion of all to be a clean season- ..ble fi-h ?-A. No, sir. Q. I believe you left before Mr. Batt took- the fish away? —A H> left, before I left I kept 0" fishing. Q. Young VIr Crawshay looked at the fish also ?- A. Yes. Q. Did he say if was an unclean fish while he wa" lookini at it ?—A. I did not hear him saving any thif g; he was sati-fied when I explained about the tish to h M. Q. Had the fish a small head or a large one?-A. I dio riot notice particularly about ii-e head. Q. I beli, ve y u ta- t-d y u d'd not exanrne the fih close enough to satisfy yourself whether or not it had spawned lately ?-A. No. si, (Y", mea"t evidently) I did not examine the fish to satisfy myself on that point at all. Q. What are the general appearances of a fish that has sJ.'aINtJe't within the last six w eeks?—A. I deed, I c'n t tell you I haven't gone into that qu-stion.. Q. I suppose you have, from time to time, seen many a fi-h that had been up spanning on their way back. A. I have not seen many very few; I have not fished much. Q. Those tha you have seen, are they what you call !a> ky?"—A. Yes, sir, and also thin in the belly. Q. Now, will you be kind enough to draw your attention to the first part of your evidence how far were you standing from Mr. Batt when the fisr. was landed ?—A. I can't Ml you exactly. Q. Was it 20 feet ?-A. No, about half the height of this room. Q. You were on the bank just above ?-A. Yes. Q. About how far should Y'lu think, measuring from the place where you were standing to the place where the fish was landed ?-I should say about seven or eight yards; perhaps less. Mr. Batt That is within ear-shot, at all events. Mr. Lewis You saw the ket per take the fish in a net out of the water ?-A. Yes, sir, he landed the fish, and took it out of the water. Q. When the fish was taken in the net out of the water by the keeper, did you see Mr. Batt go towards the fish ?-A. What do you mean by taken out by the keeper ? Q He drew the fish into the net; and after it remained in the net, by the side of the water, did you see Mr. Batt going to the net ?-A. Yes, sir, all three went to the net. Q. At this time you were standing above?—A. Yes, immediately above. Q. Did you see Mr Batt take up a stone?—A. No. Q. Did you see him strike at the fish ?-A. Yes. Q. Then, before this, did you hear the keeper ask him to get the hook out ?-A. No. Q. I suppose the keeper stooped down to get the fish out ?—A. They were all in a stooping position. Q. Is it possible the keeper might have said somp- thing to Mr. Batt without your hearing ?—A. It would be possible to whisper, but I should think there would be no whispering. Q. You think it is possible the keeper might have said something to Mr. Batt that yon could not catch ? —A. I 'hink it is almost impossible for the keeper to have said anything without my hearing. Q. I suppose the keeper's head would be away from you he would be looking towards the river-looking towards the fish in the net ? Mr. William Batt: I must certainly object to this straining. Mr. Lewis: 1 am not straining at all I am simply getting at the facts. (To witness)—Did you a' all hearthe eepersayit was an oli fish, either b, the river side or on the bai k?—A. I believe he did say so on the bank th re was a unanimous opini -n about that they were all satisfied. Q. Did the keeper say the fish had spawned?— A I did not hear him; the keeper went away imme- diately after he laid ihe fish down. Mr. West: There is an error in the summons the word "and" is u,pd instead of the word "or." Mr. R:.berts We have power to alter. ihe Magistrates' Clerk In bills of indictment it is always put so; the copulative corjunction is used, not the dit-junctive. Mr. Lewis I had intended taking out a second summoi s, in consequei c of that mistake. I believe Mr Batt is changed witia two offences, one with having taken the fish, and the other with having it in his posse sion. To save the expense of a trond summons, Mr. Cox Davies agreed that we should hear both at once. The word c. fir" is proper, I bt-liev- Mr. Batt made no ohji c ion to the correction. He then submitted to the Bench that the charge was dis- proved by the evidence of Mr. Thompson, except as to the complainant being in possession of the salmon. This evidence would have been confirmed by the stato-. ments of Mr. Alfred Crawshay, from whom he had received a j, tter. He said- Mr. Lewis: I o*j<ct to that being read. Mr. Batt must know it is not evidence. Mr. Batt a -mitted that it was no* evid< ncp, and then submitted t hat it was quite clear defendatit did not wilfully take the fi-b. They h:id now, he hel eved, divided the summons in o two oases, having e., p,,mted the "taking" of the salmon from the charge of "having in possession." As regatded the form-r, there certainly was not proved any wilful ac. The whole of the evidence on both sides proved that. Evei \body believed, until it was landed, that it as a go od fish As to the second charge, toladm-tt.d that tl e tish was not a pood one t ut ir was not wha* is t,-rmt-d an u- spa,nabif- OT)e. There --P,e degrees of poodne-s in a fish 118 in other th'iigs. The ot ject < f the Fisheries' Act WitS u-,t to entrap gentlemen who went out for spo t, and Caught a" uncl- an fish by mistake, but thp object was this—where they found a fish in the poisessi, on of a ( erson, and that person refused 111 give an account of it. The s- c,tnd off#-t,c-e, he sub.. mitted, entirely depended on the wilful tab-itig. He would like to ref. r the Bench to a case heard in the Court i f Quee 's B-nch. M'. Roberis 1 think it 's quite possible he took the fish innocently. Mr. Bllt: H're is th.. cas I mpintioned. I ;s rep It. dill tr e Justice of the Peace, and was heard in th Court o* Queen's B> nch on Novemb- r 2l't, 1863, I)et w- t n Hop,,on -pp-liant and Thtrlwail rtspoi dent. It is a cas- of t kini- y ung salmon, l'l.ey did not know ti e fih were S'lmon. Mr. Roberts Thrtt is a matter of ignorance. Mr. Ba t: This, is a mattt-r -if ignorance. Mr. Robeit* Ye-, as regards the taking of the fish The mjoril y of opinion on the bank was against him. He has only his private opinion against four or five oihers, equally able to judge with himself. Mr Bati M r. Thompson did not d, cide that way. He it was a g, od fish. Mr. Rober s Mr. Batt's character as a sp rtsman will be intac. Mr. Batt said the fish was not an unclean fish, but c-nainly was not one of the bes They (iid not con- sider it good enough to bend to Badminton to the Duke, as t.h. y int.nrlert. Mr. Roberts Good enough for a pointer. (Laugh- ter.) 0 After a little more discussion, the Bench acquitted Mr. Batt on the charge of wilfully taking the salmon, but consider ed the evidence justified them in convicing on the second count, and tho-y imposed a penalty of j62 and costs Mr. Ba't asked for a case to appeal to the Court of Queen's Bench, which was granUd. Captain Hotchkis was preient during the hearing of this case, hut, being a member of the Board of Conser- vators did not sit on the Bench. AFFILIATION.—Mary Ann Powell had summoned John Miles, farmer, Patrishow, to shew cause why he should not contribute towards the mailltt-nance of her illegitimate t-hild. The case was allowed to stand over at the last sitting, as it wass;afed that the parties had settled thl' matter by becoming united in the bonds of "holy wedlock." It was, however, again called on this day, in rder to ensure the maintenance of the child hy the f-ther, in case the mother should die, and an order was made accordingly. CHARGE AGAINST A FARMER.—A charge against William Edwards, by the Rev. H. J. Harris, for stealing 500 quicks from his farm at Craig-y-bwh, had been adjourned till to-day. Mr. Sidney Davies appeared, on behalf of the prosecutor, to ask permission for the cae to be s ttled out of court. After some hesitation, the Bench consented. BEER-HOUSE OFFENCE.—-Philip Jones, landlord of the New Found Out beerhouse, Gilwern, was charged by P.C. Williams wiih having kept his house open at i legal hours, on the mght of the 8th iii,4tant.-De4 en- dant did no appear, but his wife admitted tho charge on his behalf, and expressed regret that they had violated their license. The defendant had been con- victed on two former occnuions for a similar i ffi-nre s on the 3' th of Dec. mbeij 1864, in the penalty of 12*. and costs, and on April 28!h, 1865, in the j enal-y of 14s. and c -sts.—The Bench in this instance fined tlte defendant £ 2 and costs, ad 'ing a cauiion as to the future conduct ot the h-,us,. ♦


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