KETTERING

PETTY SESSIONS, AUGUST 26.- Present, the Revds. J. Wetherall
and  G. E. Hanmer, and Sir Arthur De Capell Broke.

Thomas Thacker, toll-gate keeper, of Desborough, complained that Wm. Philips, of Braybrook, did pass through his gate, with a cart drawn by one horse, on the 16th inst., for which he refused to pay toll. The following appear to be the circumstances of the case:--The inhabitants of Desborough have a right, when carrying their own goods, to pass through Thacker's gate toll free. On the day in question the defendant, in company with a person named George Tyrrell, an inhabitant of the place, each of them having a cart laden with fruit, passed through the gate. The defendant's cart was in advance, in the care of a lad, and according to the complainant's statement, defendant was walking beside the cart owned by Tyrrell. When he arrived at the gate, he paid for his own horse, and was asked whether the goods in Tyrrell's cart were his; on his replying in the affirmative, toll was demanded of him for that also. This he refused to pay. Philips, in his defence, stated that he was not by the side of Tyrrell's cart, nor had he the care of it, but that Tyrrell himself was in charge of it, who was carrying the defendant's goods for hire. To this Tyrrell also bore witness, as did also the lad that was with defendant's cart. Tyrrell afterwards offered to the complainant his demand, but as he accompanied the offer with a threat that he would make it worse for him next year, he (complainant) refused to accept it. The magistrates expressed an opinion that something wrong had been intended, but stated that Tyrrell appeared to be the person against whom the complaint ought to have been made. The parties were cautioned that if they claim an exemption to which they are not entitled, they will be liable to a penalty of £5, and thus the case was dismissed.

Northampton Mercury, Saturday 31 August 1844