A Successful Technical Objection.

August 1878

Sheffield Independent – Tuesday 27 August 1878

A Successful Technical Objection.

Nat Shrives and William Brown, rough-looking men belonging to Denaby, were charged with being in the unlawful possession of instruments for poaching. Mr. F. Parker-Rhodes appeared for the defence.

It appeared from the evidence of Police-sergeant Sykes that at three o’clock on the morning of the 9th June the defendants were found on land belonging to Mr. Law, of Maltby. A shot was fired, and upon witness going up to them the men attacked him, and had since undergone imprisonment for the assault. He found Shrives with a gun in his possession, and he attempted to take it from him, but a third man, named Sargisson, made off with it. Brown had possession of the ramrod and ammunition.

Mr. Rhodes raised the technical objection that to secure a conviction under the Prevention of Poaching Act, under which the information was laid, the “finding, seizure, and detention” of the articles in question must be proved. In this case, although the weapon may have been in the prisoners’ possession, they were neither seized nor detained; and he submitted that the charge was therefore invalid.

The Bench decided that the information could not be sustained under the circumstances, and the defendants were discharged.