Clipped From The Times
The plaintiff having given evidence in support of hit case, Mr.Lawsox WALTOX.Q.C.. contended, for the defen dant Cooper, Short, and Lovelock, that all they did with regard to tbe' plaistiS they did at the command of a rrulitsry superior, and that wa a command they wre bound to carry out. Though the military defendant ware volunteers, at ice time in question tney were bricaded with Regular force for their training, and were subject to military law. Captain Foote.the adjutant, ordered the plaintiff to be taken into custody in order that he might be handed over to the civil authority for the matter ta be ieauired into. Captain Foote took that course, as ho was entitled to Go, unaer toe Army act, iooi, ana ne eurcctea. cooper to provide an escort ana to ,taxe .naris to uemei iicmpsxeaa ana were lo.iaxo mm uj uie pouce - staiion, Mr. Dasckwebtb. for Superintendent frcclev. - con tended that he was bound to take and retain the accused in custody cntil he coold be brought before a magistrate a ne rtatonaDiy suspectea nun oi caving commuici felony. Evidence wst riven on behalf of the defendants. Cartain Foote detailed tbe rircumstanctt in which h gave tbe order for the plaintiff to be taken under escort to iiercei uempneaa. Cross - examined. Tbe pltintiff might have been tried bv Court - martial, but it would have been Terr inconvenient, at toe camp baa troKen up. tie could not have banded tbe - man over to the police at Sborncliffe at there wat not time. Serretnt Coo per. one of the de - fendtnt. (aid he received orders to take the plaintiff under eseort to Ilemel Hempstead, and there to hand him over to tbe police and prefer a charge of theft against him. lie telected as escort the two men on the left flank of the HmTiT. and thev hammed to be Short and Lovelock. un arrival at ixixmoor siauoa viukh wu uiucb, ,u rink, snd he dismissed all the company except those be reauired to march to the police tt alien. He left Marks in rasuidv fix frofiev. it, Mr. Jmmt YVat.tty - O.C. He told Frozley he .mnmht V.rV, than, bv order of the adtutant. IXiu - niniiud bv Air. 1ABSIU.. rroKiev rcmaraeu about the matter having occurred at rihoricliffe, aad tbougct it ougnt to nave oeen aeait wiu mere. The other aefcndanU Lovelock and Short alio" gave avMAnea. . The defendant Fredenek Frogley, snpermtenaent Af nolira at TTemel Hempstead, said that he knew nothing about the matter until .Cooper brought uarxt to tne police staiiw uu Ki t,Mn mklnr thines out of tent at Sborn cliffe, and that he tCooperlliad been ordered to bring him there. Witness replied that he ought to bare been left at Sborncliffe. After be bad heard what the witnesses ... K. r.s Minanlt tha TnasHstrates clerk. He afterwards charged Marks with - ttealing and took bun into cuitody, uunaing tnat lucre wmm nw rroi.nd for rotirlodine Mark had committed a felony. That wa on Saturday afternoon ; but there was no local justice at bom. He took bin aa ooa a ba could on the Monday mormnr before a xoagistrate. Mm. Justtcx KrrsxDT, in snxoming up to tbe jay. asked them .to say what ixamage the pUinUff bac .t v. k.na J Hoooer. lavreloek and Short, upon tbe assumption that Captaja Footo rv the order that be should be taken to the pclice - staticn, and that toco, order vii not juninea in aw. m wegva - latesdect Frogley thelaw bad been laid down by Bsron BmmweU ia the ease ot " Hogg r. vTard;' (S H. and iV " a h aii k. Tx that if a person 1 r - - . ... - k 1 I fTWUtdt fl tmjV JtSKmaKMrr. m .