Winchester, Thursday, Aug...
nlr. 'erzeant PELL (Wvho was specially retained by the plaintiff) said that this was an action which, though trivial with regard to the tstme of money sought to be recovered by the plaintift, involveil a question of the very highest importance to the country. A person nanmed Scraggs belongea to a societv in Portsmouth called the (,e- neral Bcnefic Union Society, and for some misconduct was expelled fromIl it, and denied the pecuniary assistance which the other mem- bers received. Jie applied to AMr. Carter (the defendant), a magis- trate of Portsmouth, who, under the supposed authority which, as be believed, the 33d of tle late King, confirmed by more recent acts of Parliament, vested him wvith, issued his warranits of distress, and the several sums of3l. lhs. and 21. 15s. 6id. wvere levied on the plain. tiff. The question as to the power of the Magistrate to interfere with this society was one of considerakle dlifficulty, as it appeared by a subsequent clause in the first recited act, that powvers were reserve(d to thosc societies to make rules fer settling their differences by arbi- tration, and that detemiinations Made in conformity with such rules were to be final, and subject to no control of a magistrate or other authority. After this statement, the learned Sergeant and thle Counsel on thie orher side consulted, antl it was agreed that. as the facts were not disputed on either side, a case should be submitted to the Court of King's Bench, which would elicit the opinion of that Court on the construction of the acts of Parliament relating to the power of Mla- gistrates over the conduct of Benefit Societies. TrrE StING V. THOMrAS, CHAB.LES, AND WVILLIA31 VINSO. This was an information filed against the three detendants, who are brothers, for violently assaulting and obstructing two Excise Officers in the discharge of thleir duty, on a part of the road near Havant, in the county of Southampton. W'illiam Toxer stated that he has been a revenue officer for 27 years. In the evening of the 14tlh February last, he, accompanied by John Smith, who is a ptupil tinder his instructions, went to a place called Roland's Castle, from whicl, as they were returning, between clevenand twelve o'clock at night, they met a tart with three men. He saw the cart and, men distinctly; it was a moon. light night. There was a remarkable dog under the bed of the cart: he had a white face. IfHe afterwards saw the cart and dog at Vinsort's. Witness asked the man to allovw him to search the cart, as he suspected they had some contraband goiods concealed in it. The cart had a tilt over it. One of thse metn struck him violently with a bludgeen as he attempted to take holdi of the horse. Charles Vinson arrested a pis- tol out of his hand, and he and another stiuck him violently. Smith was attacked by anather, and when he saw himn after beiiig struck, he was covered with dirt and blood. Ile could clearly dis- tinguish the faces of the tlefqndants and the colour of the cart and diog. He went on the 16th to Northwood, where the family live, land there he saw two of the defendants, and the other, Thomas, he 'understood was in Portsmouth. Smith, and the supervisor of ex- cise and a soldier were with him. Cross-examinetL-The dog was under the bed1 of the cart. It was perfectly light. There was a hedge on each side of the road. It stood on a bank fire or six feet higb, and was itself 10 or 12 teet high. Witness went with an officer on the 16lth, of the name of Rawlitis, accompanied by the supervisor, to the house of Vinson; they were about thehouse for some time. Ec remernbered rapping at Vinson's dloor. The father put out his head, and witness admitted saving somnething in a pleasant way about his apending his box of money. Ile did not see a man Of the name of Cltaste there, nor did lie hear Smith say to Charles and William Vinson, " Neither of you is the man I want." George Smiths the person who was in company with the last wit- ness, gave a similar account of the allegedl attack, but with this vs. ;:r.cc-that lie represented the dog to have been before thle cart (the last witness having stated the ilog to have been under it), atid also that he had attetipted to look into the cart in the fore part, wliercas T'ozer said that he (Smith) looked into it from behind. On his cross-examination he denied having said anv thinieto a man named (,haste, wlhom he saw at Vinson's on the evening of the 16th, and also denied that be had raised tip Charles and Wl'illiam's hat, or looked a' their faces and said " Neither of you is the man I want." iMr. F. XVE LLIA)rs adldressed the jury, and dwelt on 'the discre- pancies iri the testimony of the two witnesses. It was also, he said, a remarkable feature that the dog appearetd to have been per. fectly still during the scufflc, whereas, as every one acquainted with the nature of these animals must know, they never would fail to at. tack any person who scuffled witli their master. Lie then stated that lie was in asituation to provea complete alibi as to all the defendants. John Rawlins stated, that he was a constable, residing at Ciii- rhester. He accomlpanied 'rozer, Smith, and other persons, to vinson's residenc, on the 16th of Febrasry. They remained in amDbush about the house for somie time. About eiglit o'clock in the morning, lih saw 11'illiarm and Charles Vinson come down stairs; they went out of the door where Smith was. Smith went up to Charles, a.sked htirns htis name, and then liftedtup his liat; Smith then said, '. You're not the man [ want." He then asked where his eldest brother was? Charles reolied, "that he was gone to Ports. stsoath." Sjith then went up soW'hlhlaltn Vinson, atid after looking at hlnm in ii e face, raid "he did not want him dither." O(a the 17th of MTay v:ent agaln to Yinaon's; they rapped, anti old Vinson put his hcad out of the vindow. Tozer, the officer, asked him in a very inking way, if he had yet spent his box of' money; but the su- vervisor, who was present, remonstrated with Tozer on the impro- priety of his conduct. Witness remembers Smith also coming up toi_a-boy5 nqmed Chastei.wiho.waas on the toad, and lifting tip his 'hats looed him ftill in the face, then asked him, " if his name wAs Vinsop ?' Chaste sail, "INa : and Smith replied, " Then yopu are not the man." - Thomas Chaste said that Smith catme to him as lie stood in hbe yardatVinson's, dl; lifting np his hat, said, "Yoa were one that was there;" 'vitness said "hii namne was not Vinson, and that he was not there." There were two carts in the yard. Smith said nehtier of these carts was the one that he had seen on the road on the 14th of February. William Illitchell stited that lie was a carp enter in the King's Dock yard, and was acquainted with Thomas Viuson. He residel at Potsea, whicil is about seven miles from H.vant. Ile reinem- bers= t well, that on the 14th of February, Thomas Vinson Camze to llis tiiuse at ciKlht o'clock in the evening, and( remained with hin, in company withi Charles Wlhite, utntil half-past 12 o'clock, and then lie wenit to bed it wi ness's housc. The reason why he was so acctiate as to the day was, that it being Valentine's-day, they were talking about Valentines. The prisoner wee tnot out of his pre- sence all the evening until between twelve aind one, when he reured to bed. Cross-examined by Mlr. Sergeant WrLDE.-What did you say aboot valentines?-We talkeed about the young women. Wlhat was the particular observations that passed ? Did Vinson say lie wrote a valentine ?-No, he did not write a valentine to me. (A laugh.) No, Sir, I don't sappose he woun, be such a fool as to write a valentine to you. What passed with respect to the valentines ?- lle said that if he had had the goodl forttinc to coMe in the niorning, he would have had stich a one for a valentine. Samuel NViiite, a labourer in the dock-vard, the person who was at Mitchell's on the evening of the 14th of February, in corapany with, Thomas Vinison. corroboratedl Mlitchell's testimony. Charles Vinson, father of the prisoners, gave the same account of Tozer and Smitl's conduct at his house on the 16th and I7th of February. Ilis son William was bound to a pasurycook in Chichester,andl had been some tine beforethc 1h4tliof February brouhlit home ill with a tevcr. He was only thenl recovering. On the I14th of Fe- bruary he wenit to bedl at half-past six o'clock, having complained of illncss. Charlet, the other brother, wetit to bed at 10 o'clock with the rest of the family. He slept. with \V\illianm, and their room was by the side of that in whicl witness, his wif-, and daughter slept. It was impossible they could have got ui in the night without wit- ness noticine it; an(i they certaiily dill not get up on the night of the 14th of February. l frs. Vinson confiriiied the testimony of her husband. Harriet Vir,son, the daughter, confirmed the testimony of her parents, andl stated, that wlten rler two brothers went to be(i she fetched away the candle. This was the case for the defendants. I1r. ARAMX. who conducted the prosecution, said, that though he mnight be able to show some discrepancies in the evidence produced on the part of the defendants, and such ..s would very much shake the credit of their dlefence, vet he felt that there had been so mudl doubt cast upun the case for the prosecution, that lie could not with propriety press for a ve;dict. The oefetndants were accordingly acquitted. WINCHESTER, TIIURSDAY, AUGUST 5. Pr;rr V. r-wn