96 



BIBB NOTES AND NEWS. 



Warbler, Mr. Theobald somewhat curiously 

 remarks that neither is sufficiently common to do 

 much harm. The Blackcap might surely even 

 more justly claim this excuse. 



Mr. Theobald sums up the whole question : 

 " The economic value of birds must be con- 

 sidered from all points of view in a very broad 

 spirit, and before we can say anything definite 

 regarding the majority of them the subject must 

 be studied in the field on a much sounder basis 

 than has yet been done." 



IN THE COURTS. 



Action by a Birdcatcher. — An interesting 

 case came before his Honour Judge the Hon. 

 Arthur Russell and a jury at Reading County Court 

 on October 31st, when John lies, a professional bird- 

 catcher of Reading, brought an action to recover 

 ^50 damages against three members of the 

 Berkshire Constabulary for illegal arrest and 

 detention. It appears that lies had on a previous 

 occasion obtained damages for being locked up by 

 the police, and on this occasion he contended that 

 he had been searched and arrested. On May 17th 

 last, he was seen by the police at Sonning, with a 

 basket and cages, and charged with having freshly 

 taken chaffinches. The cages were found to 

 contain eighteen of these birds, very wild and with 

 birdlime on them ; and according to his statement 

 he was taken into custody and forcibly detained ten 

 or fifteen minutes at the police station. The birds 

 were taken from him and subsequently liberated. 

 The defence was that no compulsion was used. 

 On May 31st, lies' solicitor wrote to the Chief 

 Constable complaining of this "gross interference 

 with his liberty," and demanded the " immediate 

 return of the birds." On June 1 ith, he was convicted 

 at the Wokingham Bench and fined 50s. for using 

 birdlime in the Close Time. Judge Russell in 

 summing up, said that if he had to decide the case 

 he would without the smallest hesitation decide in 

 favour of the defendants. He might take a 

 prejudiced view of the case, because the Plaintiff 

 belonged to a calling which he regarded with the 

 greatest possible loathing. The Plaintiff was 

 caught red-handed in possession of the birds, and 

 even if he was detained by the constable, was not 

 the constable perfectly justified, having regard to 

 the Wild Birds Protection Act? The Plaintiff had 

 not suffered any damage and was never locked up. 

 Personally he regarded it as the most trumpery 

 action he had ever heard. The jury, after delibera- 

 ting upwards of an hour, failed to agree. 



Catching Linnets.— At Greenwich Police 

 Court, on October 1st, William Reading, of 

 Peckham,was charged with taking Linnets and with 

 cruelty to decoys at Catford. He was found with 

 his nets set, braced chaffinch decoys, and two dead 

 Linnets. He said he was catching sparrows and 

 had permission from the landowner. The land- 

 owner, however, said he had forbidden birdcatchers 



on the fields as they destroyed his crops. Prisoner 

 said it was " hard if a man couldn't try to get an 

 honest living," and on being fined 40/- and costs for 

 one offence and costs in the other, with confiscation 

 of the nets, observed that them things cost him 

 money. The Magistrate (thoughtfully) : "Yes." — 

 At South Shields on October 9th, David Tate was 

 fined 5/- and costs for using bird-lime to take 

 Linnets, birds protected all the year under the 

 Borough Bird Protection Order. — At East Ham 

 on November 8th, a Canning Town birdcatcher was 

 fined 20/6 for catching birds on Beckton Marshes, 

 and for cruelty to decoys, one of which had since 

 died. Two goldfinches and a lark were in his 

 possession. He urged that he was " trying to 

 earn an honest shilling." 



Shooting a Harrier.— The Farnham Bench 

 had before them on November 7th the case of 

 Thomas West, gamekeeper, charged with shooting 

 two hen harriers, during the close time, at 

 Elstead. The birds, one of the rarest of British 

 species and scheduled bythe Surrey Bird Protection 

 Order, had nested on a piece of common land in 

 the neighbourhood. They were bought from the 

 keeper by a Colonel Mark Mayhew. A fine of 10/- 

 in each case was imposed, but as the specimens 

 exceed this value and were not impounded, it is 

 merely a nominal one. 



Now Ready. 



"THE ARAB OF THE AIR." 



Greeting Card for Christmas and New Year. 



Illustration in Colour from a Picture of Wild-Bird 

 Life, specially painted for the Royal Society for the 

 Protection of Birds, by Mr. G. E. Lodge. 



Price, one copy, 3d., by post, 3^d. ; one dozen, 

 2s. 6d., by post, 2s. 7d. 



Copies can still be had of "The Waits," designed 

 by Sir F. Carruthers Gould. One copy, 2d , one 

 dozen, is. 6d. 



BIRD NOTES AND NEWS. 



NEW SERIES. 



A New Volume of Bird Notes and News 

 (Vol. III.) will begin with the Spring Number, 

 1908. The design for the cover is in the hands 

 of Mr. Walter Crane. 



A limited number of copies of Vol. I. may be 

 had, bound, at 5s. each. 



Bird Notes and News (issued quarterly) will be 

 sent post free to any address for is. per annum, payable 

 in advance ; single numbers, 3d. 



To Members of the Society subscribing 5s. and 

 upwards per annum it is forwarded gratis and post 

 free. 



Printed by Witherby & Co., 326, High Holbom, W.C., and 

 published by the Royal Society for the Protection of Birds, 

 3, Hanover Square, London, W. 



