351
5.
It will be more convenient to take the second charge first.
To convict a person of an offence against section 5 of Ordinance I
of 1895,it is necessary to prove sach of three things (1) the baing
found in the immediate vicinity of any battery, fieldwork or forti-
fication (2) the being found in possession of sketching, ko,aateri1⁄2ls
or apparatus (3) the being found in possession of such materials or
apparatus with the intention of contravening the provisions of sec-
the
tioa 3 of Ordinance 1.9., with the intention of making a sketch to
A
of any battery, fieldwork or fortification..
5.
As the evidence for the prosecution proved nd the solicitor
for the defence admitted that the place where the defendants were
found was a fieldwork, I had no difficulty in finding that defendants
were in the immediate vicinity of a fieldwork: and upon the evidence"
of Inspector Butlin, I had no aifficulty in finding that the third
defendant was in possession of a note book containing sketches and
therefore in possession of sketching materials. But I could not hold
that there was any proof of an intention to skirtoh-and as it was
enild indispensable to prove such intention before the charge be sustained
I did aot conviot on this part of the complaint.
7.
To support the proof of intention to sketch it was shown that
one of the three defendants was found with sketching materials on
his person.
That this was insufficient to prove intention even against the
third defendant who possessed the sketching material is shown by the
fact that the Ordinance does not make mere possession prinâ facie
but requires a proof of intention
proof of intention apart from the fact of possession.
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