The Express.
London, England, 1858-03-13 00:00:00

NIGHT POACHING AXD NVRD!H.

Aka Draper vaa---alarged with the murder
of:George WingfieK atAnweeley onthe 29th December, 1857,
John Oslathorpe, Alawiame, Preemie Hardy, Jalapa
.;atWilliam Tomkinam, end James Beardall, were
with night poaching in the preeerres of Annealey-
Jame Gelsthorpe, one of the poachers connected with the
afiliir, wee edmittedQueen's evidence.

—Mr. 13:4;;;d Mr7l.lrisionreOellected the prosecution;
Mr. O'Brien defended Draper; and Mr. Adams the other
prisoners.
From the evidence it appeared that German Wysall, one of
Captain Hammond's gamekeepers, on Monday, the Filth of
December, about six o'clock in the evening, accompanied by
several other keepers, went out to watch in the peuerves of
Anneeley-wood, and about Ave o'clock on the following
morning they heard a noise as of people talking, and a
report of firearms. The keepers then surrounded the
wood, and the deceased (Wield) and Wyman got
over a gate and saw the poachers standing upon the
riding, the moon being up but overcast. They then
proceeded towards them, and when within • few yards were
assailed with a volley of stones, and one el them struck
Wysall on the lett cheek, and loosened two of his teeth.
One of the poachers, than cried out " Shoot" several these,
and one of the gang presented a gun, which flashed in the
pan. The keepers then retreated a few yards, and called out
for assistance, which the poachers hearing ran to • Mama
part of the wood, the keepers following them, and, as they
retreated, deceased and his fellow-keepers struck at them
several times. Three of the men then turned round and
cried " Shoot" again and Draper turned round, presented
his piece, and fired—le c intents lodging in the deceased's
thigh. The moment the shot was fired, Wysall struck
Draper on the head repeatedly with a bludgeon, and knocked
him down, and fell upon him to prevent his escape. The
other poachers then ran away. Two other keepers came up
and assisted Wyman, to Bemire the prisoner (whose face was
blackened with burnt cork), and conveyed him to thekeapea's
house,. While Draper and the keeper were on the ground
prisoner's gun was discovered and secured. Wysall imme-
diately apprehended Draper, but did not know him at the
time, in consequence of his face being blackened;
nor could he identify any of the other poachers.
The deceased was then despatched home in • cart, and Mr.
Smith, surgeon ,of Kentwood (a village a few miles distant),
was immediately sent for. When the surgeon arrived he
found Wingfield Ina very exhausted condition, caused by the
great lose of blood. The whole of the charge from the gun
wee lodged in the upper port of deceased's thigh.
In answer to Mr. O'Brien, the surgeon stated that from
the first he considered the wound • very dangerous one, the
whole of the charge being concentrated in an upper position
in the limb. He visited him several times, and Wingfield
died on the 4th of January.
William Pettit, one of Captain Hammond's gamekeepers,
gave corroborative evidence.
Police-constable Vaughan proved taking the prisoner into
custody, the latter's face being blackened at the time. The
constable charged the prisoner with the offence, and Draper
said that he was very sorry for it. Superintendent Pale-
thorpe received the pnecear at the Nottingham police-station,
and questioned bon as to what caused his face to be black.
sued. He answered that it had been done so by a burnt
cork.

In answer to a question by Mr. O'Brien,
Vaughan stated there was a good deal of blood about the
prisoner's head end face, which was caused by his having
been beaten by the keepers.
Evidence as to good character was given in favour of
Hardy, Atkinson' and Burton.
Mr. O'Brien in addressing the jury for the prisoner
Draper, said that they all knew the frailty of human nature.
When a person had • deadly weapon in his hand, and anted
by impulse, he dims did on the spur of the moment what
would horrify him in a cooler mood.
The learned Judge, in swanning up, said—The case wee •
very serious one. The crime of poaching had greatly in-
creased in the Midland Counties. It was a great pity that
persons to whose good character testimony had been
borne should mix themselves up in such • serious affair.
There was not the least doubt that the deceased met his
death at the hands of Draper, but the crime not being a
premeditated one, he must direct them to return a verdict
of manslaughter.

The jury having consulted a few minute., a verdict In
accordance with his lordship's directions was returned.
Draper, seven years penal servitude. The other prisoners
(who had each pleaded guilty) 18 months hard labour.

NORTHERN CIRCUIT.—Yosx, MARCH 11.
CROWN COVILT.-01•619 Mr. Justioe Myles.
DAsINO DURAL/MT /MAR ILMNLIT.

Joseph Wriyht 27, Wsssta;l3;ch77l,427.tOhn Foster,
30, Mows, Wild, 24, Thongs Johnson, 22, and Joseph
Eaten, 22, were charged with having on the 19th of
January last, at Cawthorn, burglarious!, entered the house
of Joseph Clarkson, and stolen therefrom 21e. and some
German silver spoons.
. . _

Mr. Foster imd Mr. Maul* prosecuted ; Mr. Seymour &-
feuded Foster, Wild, sad lottneon ; the other prisoners had
ao counsel

prosecutor is a farmer 86 years of age, and lives at •
home standing alone called the Flask BOUM), in the pariah 1,
a Cawthorn, a few miles from Barnsley. Owing to the '
extreme age of the prosecutor hie daughter•in-law, Hannah
Clarkson, the widow of his son, with her children, lived with
hint, in order to take can of hint. Hannah Clarkson slept
In the mote room with the prosecutor, so that If the ad man
was taken ill in the night tams she would be ready to attend
upon hiss. Oa the night of the 18th of January last the
prossontor's home was properly secured, and the family re-
tired to rut. Shortly after 12 o'clock Hannah Clarkson
was awoke by a nam, and immediately afterwards she ob-
served a men standing by her bedside. He had on a blear
mask ad shirt, and had in his band a lantern, which he
dashed is her tam She gave a slight scream, upon which
the follow throat her down In bed sad put the clothes
over bar bead,
Assess threstesdzitsa.o tab= het life if she gave
say aims. diossierra. west to
the side of the bed is which the aged proseestor was lying,
rad demanded his mosey. The old man reii&d that be bad
sews, wlikk he was told that be had sag that if be
did sot i.Mwr It up be would be killed at ass. The pro.
eseator still pseststd that ha had no cosh, road the ocerrardly
villain struck him a Tided blow are the Dead with a lib

MINIM'. The prosecutor cried, "Oh, deer, Ive get Co
roc, ney ; I can only die once." A pang women timed
augur, who slept in an adjoining room, was visited Ly
a th,:ed man, who threatened to i.e the death of
her if she made an outcry. There wi, s in the prow,
=wee loom a turn-up beedatead, the ft out of which
rossothrea o cheat of drawers, and one of the fellows forced
it open, in the hope, no doubt, of finding 'One motley
but of course he was disappointed. They rummage:l
about in the Item for a few minutes, and then went
down stain, and k'M the house. After the ruffles:el had
departed • life-presorrer wee found laid upon the
floor, and nine Geeman silver spoons and about
wen stolen. owing to the manner in which the harems
were disguised none of thorn could be identified. To prow.
the guilt of the prisons, a man named Joseph Hilton, who
see am aooorsplice in the burglary, was called as a wanes
for the mown. From his testimony it appeered he wee be-
dewed by the Ss prisoners to accompany thew to the
canes house on the night in question. They arrived thou
about twelve o'clock. Wild, Hebden, Johnson, aid Foster
themselves by putting on black cotton shits r
disguised themselves
and after breaking into the house they
proceeded up stain. Wild bad a dark-lantern, Johnson
and Fatter had each a life-preserver. They remained
up stairs about half an hour, during which time he
hard the prosecutor all out, " Don't harm me, for I
have got no money for you On coining down stairs
Foster remarked, "There's nothing there for us lads," end
he (Hilton) and all the prisoners went sway. Whilst in
the house, Hilton remained standing at the bottom of the
stairs, sad Beachill, who was armed with a fire-poker, and
Wrightson took up their station outside the premises. Milton
and the pnaoners proceeded through Silkstone, and rent
into a field, where they rolled up the black ahirts and mean
and placed them in a drain for concealment. Johnson pro-
duced 21•., the song stoker from the ptnsscnton, and as
there were seven of them, they received Is. each. Hilton
then went home to Barnsley, where he was taken into cus-
tody the morning after the burglary. In two or three weeks
afterwards, Hilton proceeded with two police-ollicers named
Burke and Tucker to the drain where the meek. and shirts
were concealed, and Burke pulled them out and took them
Into his possession. The case for the prosecution rested
mainly u the testimony of Hilton, the approver,
but his war corroborated in many important parti-
culars by the prosecutor, him daughter-in-law, and Mellor the
servant girl. He was also corroborated by his brother,
Henry Hilton, and a female named Robinson, who stated
that the whole of the prisoners resembled at his (Hilton's)
house on the night of the 18th January last, sad they went
on in company together.
The defence for Wild, Johnson, and Foster was that the
approver's testimony was unworthy of belief, that he had
not been satisfactorily corroborated, and that the prisoners
were entitled to their acquittal. They had not been identi-
fied, and the evidence spinal them was of the weakest pos-
sible description.
The jury found all the prisoners Ouilty.
HisUrdship, in sentencing tho prisoners, observed that
they
_had been convicted under a statute by the provisions of
which any pen= who shall burglariously enter any dwelling.
haws, and shall beat, strike, and wound any person or per.
sons residing therein, shall be guilty of felony, and being
dulyesevleted thereof, shall suffer death. This was by far the
most frightful ere which had been tried during the preemt
amine. It appeared that Ix or seven men had conspired
=h4rto commit a most heinous offence, and the way in
they had carried it out was moat cowardly and die
graceful. He believed he was right in Sating that at the
present spring assizes in another part of the country, a
learned judge had left • men to suffer the last penalty of the
law, in a similar case to that in which the prisoners bad
beet convicted. His lordship directed judgment of death
to be recorded against the prisoners, intimating that
probably their lives would be spared but only on one
condition, namely, that they would be ;opt in penal ser-
vitude for life