As reported in the "Wisbech Advertiser"

At the Isle of Ely Police Court on the 12^th December 1880, Robert WINTER, a butcher, and Arthur BAXTER, both of Walsoken, were charged with trespassing in pursuit of game upon the land in the occupation of James Alfred KILHAM, farmer, Wisbech St Mary, on the 29th November.

Mr Carrick prosecuted on behalf of the Game Association, and stated the circumstances under which the proceedings were taken. The defendants were driving along the road, and had with them three dogs which they sent on to the complainant's land by waving their hands.

The Clerk said it seemed to raise a question of constructive entry under Lord Campbell's Act. Mr Carrick said the evidence would clearly show that the defendants were guilty of the offence with which they were charged.

John SMITH stated: I am in the employ of Mr James Alfred Kilham, who occupies land in Wisbech St Mary at Willock Farm adjoining the public highway leading from Tholomas Drove. I remember the 29th November on which day I was on the land in question, about half-past three o'clock in the afternoon, when I saw four men riding in a trap. I can't say the defendants were two of the men. I can't swear to them, as I was about two hundred yards off. I noticed some dogs with them. There was one dog of the greyhound breed running by the side of the trap, and two other dogs of the same breed were on land in the occupation of Mr Clark.

The dogs were a hundred yards in front of the cart. They were hunting about on the land, and appeared to belong to the men in the cart. I saw one man rise up in the cart and wave his hand to the dog on the road, and it then joined the other dogs and hunted about on the land. The four men still remained in the trap, and the horse walked on. The dogs went in the same direction as the cart. They ran a hare on my master's land and killed it. They first put a hare up on Mr Clark's land and ran it, but it got away. After that they went in my master's field, and found a hare there, and killed it. One of the dogs picked it up in it's mouth and carried it to the cart, when one of the men got out and took it from the dog. The hare was put in the cart, which was driven off.

Pc TOFTS stated: I was on duty about three o'clock in the afternoon of the 29th November at Wisbech St Mary, when I saw a cart containing two men and two lads going towards Mouse Lane, about a quarter of a mile from Mr Kilham's land. The horse was trotting at that time. There were three greyhounds with the cart. About ten minutes to four I saw them again between Mouse Lane and Wisbech St Mary. The horse was going at a full trot, and Baxter was driving. All the dogs were running with the cart.

Sgt THACKER said: I served both summonses, on Winter personally, and Baxter's summons I left with his mother. Winter said to me voluntarily "Do you know anything about the case?" I said "No, all I have to do is serve the summonses". He then told me that he went to Mr Ward's to buy a bullock, but Mr Ward was not at home; so they went through Wisbech St Mary and stopped at the Wheel public house. He also said that the dogs ran a hare on Mr Kilham's land and killed it, either in the orchard or against the cow hovel, and that Mr Kilham saw it killed. Winter also said that they did not get out of the cart, as they knew that if the dog killed a hare it would bring it to them.

The defendants called no witnesses, and the magistrates retired to consider the evidence, the Clerk having a doubt whether there was sufficient to convict them.

Upon their return, the Chairman said the Bench convicted the defendants, and ordered them to pay a fine of £2 and 16s costs in each case. The defendants asked for time to pay, which was at first refused, but the Bench afterwards consented to their paying 10s down and allowed them a week to pay the remainder.

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