Police constable Gribble said that on the day in question he was along the Turnpike road leading from Burton Latimer to Kettering when he saw the defendant riding on the shafts of a wagon drawn by four horses. When he came up to defendant he told him he had seen him riding on the shafts of the wagon and jump down. Defendant said he was sure he did not ride on the shafts of the wagon, but was alongside his horses and driving them on the road, and he could bring a witness to prove that was the case.

Thomas Holland said defendant and he left Baye's Lodge at Finedon Hill together with teams when about 200 yards on the road between Burton and Kettering he saw the policeman hastening towards them. Was driving along side Whitney’s team, when the policeman came up to them. Was quite certain Whitney did not ride on the shafts of his wagon; if he had done so he (witness) must have seen him. Heard the policeman ask defendant’s name. Defendant said, "Why do you wish for my name, seeing there is no occasion for it;" but the policeman insisted on having it, defendant gave it.

The magistrates said there was a doubt about the case, and they should give defendant the benefit of it and dismiss it. At the same time they would have him be cautious how he went on in future, for if a similar charge was preferred against him and he was convicted, he would be fined rather heavily.