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WESTERN CIRCUIT.--TAINTox, Dec. 17.

(Before Mr Baron Bramwell.)
William Burston and William Wright were indicted for
being in enclosed ground in the night armed for the pur.
pose of killing ganac, and els, with assaulting Thos. Martin
to resist their apprehension, on the lt3th of December.
Mr Edlin prosecuted ; and Mr Frideaux defended
'Burston,

It appeared that Mr Sandford's keepers, Martin, Stone,
and Allen, Were out on the watch, and hearing the report
of guns they went in that direction, and came up with the
two prisoners in a lane. ,Wright said to Martin, " Well,
Thomas ; what, do you want us ?" Marthi paid, "Ires ;
i've been looking for you long cno4h." Wright then took
a bludgeon from his pocket anti struck Martin with it. The-
two prisoners then ran away, Martin followed. them and
overtook them. The prisoners then took bludgeons from
their pockets and gave.Martin.repeated blows and cut his
ear. There were feathers shout the spot where the prisoners
were first seen. After the attack upon Martin the prisoners
again ran away, but were apprehended the next morning.
Mr Prideaux submitted that the counts charging an in-
tent to prevent the apprehension of the prisoners could not
ba sustained. To justify thb atrest the prisoners must have
been found in the plantation 9r on the land, but _there was
no"evidence to show this.

The learned Judge held the objection to be good, and
that the case must be limited to the charge of wounding
with intent to do grievous bodily harm.
Mr Prideaus then addressed the jury on behalf of
Burston, contending that there was not sufficient evidence
of identity.

The Judge having summed up,
The jury found the
.prisoners guilty of wounding with
intent to do grievous bodily harm.
imailktertftrigemettif-thry-had - pthtellertaPlltnrirtiffertlityr
would have had but a slight punishment. Instead of fight-
ing Rat to fist they had injured this man so that they were
nearly standing there for h.s murder. They must be kept
in penal servitude for five years.
Robert Burge was indicted for maliciously placing a piece
of wood on the West Somerset Railway at Bishop's Lydiardt
with intent to obstruct an engine and carriage using the
railway. and endangering the lives and safety of the pas-
gers. on the 17th Ootober. ,
Mr Edlin prosecuted, and Mr Prideaux defended .the
prisoner.

The facts of the case appeared to be these. The driver of
an engine travelling on the line between Taunton and Wat-
chet on the night of Oct. 17, on the up journey, travelled
along without finding any obstruction; but on his return
journey some short time afterwards he found the lifeguard
of the engine strike against something. On his arrival at
the next; station he examined the lifeguard, and he saw
marks en it as of white paint, and he gave information to
the authorities. Search was then made, and it was found
that a gradient post had been removed, and had beeii placed
on the rails. The question then arose as to the person who
had committed this diabolical'act. Close to the spot where
the gradient post had originally been placed there was a foot•
mark of a boot of a most remarkable kind. Suspicion arose
and the prisoner the next morning was apprehended ; his
boot was taken off, and it corresponded completely with the
footmark found near the gradient post. The prisoner was
then asked many questions as to where he had been on the
previous evening, and in the course of conversation he seve-
ral times altered his story. It appeared that the prisoner on
his way home from the place where he had been would have
to pass along the line.
Mr Prideaux made a most zealous address on behalf of
the prisoner.

The learned Judge, in summing up, referred very much
to the footmarks.

The jury found the prisoner guilty.
Mr. Baron Bramwell then sentenced the prisoner, saying
that he could have had no object but a mischievous pro-
pensity—nothing could be worse than what he had done, it
was even worse than firing a gun among a crowd. It was
necessary to strike terror into the minds of a mischievous
people, and with that view he should sentence the prisoner
to be kept in penal servitude for five years.

MIDLAND CIRCUIT—LmEna, Dec• 17.
(Before Mr Justice Keating.)
. .

Gedrge Atkinson were indicted for feloniously wounding
his wife, with intent to murder her, at Wakefield; :on the
14th cf October, 1864. Tile indictment contained two other

counts

Mr Shaw and Mr Skidmore conducted the prosecution ;
the prisoner was undefended.

The material facts are contained ia the summing up of
the evidence to the jury by the learned judge, who said as
follows :—" It is necessary, for the prisoner to be guilty of
the principal offence, that he intended—to deprive his wift,
of life, and that if he had so deprived her it would have been
murder. If you should be of opinion that ho intended to
do her grievous bodily harm without inter ding to take life
you can fled him guilty of wounding with intent to do
grievous bodily harm; but if you should think that he had
neither of those intents, you can find him guilty of unlaw-
ful wounding. There is no doubt from the evidence that he
unlawfully wounded her. and therefore you can hardly
acquit him. It appears that the prisoner and prosecutrix
have been married for some years, From the questions put
to the prosecutrix by the prisoner, the state they lived in
was most lamentable—whether provoked from her lightness
of conduct or some other cause, he did what he ought not to
have done—he beat her. She avenged this illusage by cont•
milting adultery with a man named Young—but it is not
for you to judge of that immoral act, for, although the
woman has misconducted herself most grievously, she is
not amenable to the law of the land for that offenc,
butrov isooanswerable higher tribunal. Whatever
ti
given him, he was not authorised
to use any violence to her. She appeared to have left him
paon she
may a t a
have much
not by their mutual consent, and to have gone and lived
nmust require you
pocket
b oe a
ca'i razor,
t to see his wife,
with ithe en as
t with
with Young. He was anxious for her to return ; she refused
to do so. On the 14th of October he went to a publichouse
in East Moor, and sent Eliza Carter to Young's house with
a message to his wife to tell her that he wanted to speak
to her, but that she was not to give it if Young was in. The
jealousy of the prisoner. the fact that he went armed, and
that he went for the purpose of pressing his wife to return
are facts that tell most against him; but if, from you;
knowledge of the usages of the class of persons in the same
know that in the course of
why that fact is got rid
f ; but i
pressing in mind that he had a razor,
and w
her to return home. While
Eliza Carter was giving the Message the prisoner camelinto
Young's house, and found hire there. He asked his wife to
and
theira t o
h nnsii
purpose
nri3 the
optsht:s theyiprisoner,
you
o of
in
his
go home with him at once. She said she would go home
on the following Monday, lie
was desirous that she should
go at once. Probably the presenoe of Young excited a
strong feeling of jealousy in the breast of the prisoner. l'he
prosecutrix then said that If he had any y noise she would
not go at all. The prosecutrix was then leaning against the
table; the prisoner put his band on her shoulder, and on
her refusing to come home he cut her throat and ran out of
the house. Two witnesses toncue in thin, that the wound
was right across the throat, but not very deep, and that the
prisoner had the opportunity
of giving 'much greater power
to the blew, although he hid not cl.ne so, which is a fact
in favour of the prisoner. If
--e, however, asked the police-
man the following day, when he was apprehended. whether
his wife was dead, and on learning she was not, he said, " I
wanted us botq to have gone together."
The jury found the prisoner guilty of wounding with
intent to do grievous bodily harm, ea and recommended him
to mercy on account of the great provocation he had re-
ceived. _

The learned Judge sentenced the prisoner to six years'
penal servitude.
The Court has been occupied the whole day in bearing
cases the details of which are unfit for publication.

Fisher (the deceased) said, "If you say that, I'll hit you !"
and wont up to him, and pushed him. Another police-
man, who was present, told him to go home, and he im-
mediately loft, and went in a direction towards his house.
The two prisoners, according to the policeman's deposition,
remained in the same place about a minute when they
walked away in the same direction asFisher. They walked,
he said, about 20 yards, and then he saw there "all at once
start off in, a great hurry." The case for the prosecution was
that they overtook the deceased, knocked him down, and
kicked him in the eye with one of their heavy boots shod
with iron, inflicting a terrific wcund on the eye, fracturing
the skull, and causing instant insensitsility and speedy
death. The two policemen walked up the road together for
about 100 yards, and then heard a man's voice saying to
some one several times with a foul expression, "Get up.,'
The policemen ran up and found Fisher lying in the middle
of the road, one of the prisonera (Turner) having hold of
him round the neck, and the other (Staples) having hold
of him by the legs—both of them still using the same ex-
pressions to him. About two yards off there was a pool of
blood, and the poor man was bleeding very fast from the
eye, and was covered with blood and was insensible. When
spoken to the prisoners said, with a foul expression, that
they were only picking the man up as he fell down. The
deceased being insensible could make no answer to questions
addressed to him, and he was at once taken to a surgeon,
who found him bleeding, cold, and rigid, bleeding from the
eye, nose, and mouth, with a great contusion over the left
eye, and other similar injuries on his head and face. The
injuries, he said, could not have been occasioned by a fall,
but must have been caused by blows inflicted either with a
man's fiat or some blunt weapon, or by a kick when the
man was lying on the ground. The post mortem examina-
tion showed a fracture of the frontal bone on the left side,
extending upwards about an inch and a quarter, where the.
injury was principally inflicted. On the surface of the top
Qf the brain, after removing the dura meter, it was found
that the Whole brain was completely congested and there
were about two ounees of coagulated blood. The posterior
part of the orbit of the left eye was filled with coagulated
blood, and on the left side of the lower jaw there was a
fracture, but the death seemed to the surgeon to have been
the result of the injury to the eye, or to the skull over the
eye. The man never spoke, and died on the night of the
next day—Sunday. The prisoners on the same night were
arrested, and declared that they had not touched the man.
Mr Addison having stated the case for the prosecution,
A witness being called gave some necessary formal evi-
dence as to the death of the deceased. It appeared that the
road where he was found was between a hedge and a wall,
and that the wall would be on his right side.
Mr Ribton elicited in cross-examination that the deceased
had to go along the road in the direction of his home, and
that the prisoners might go home by the same road.
Saker was next called—The men, he said, remained
drinking up to nearly 12 o'clock at night, and it was elicited
in cross-examination by Mr Ribton that between 10 and 12
many of the men were passing in and out, and some went
away, and he did not know which way they went, and the
deceased wes talking with them ; that about a eczen came
ou'i, all together, and that the prisoners started after the
deceased about two or three minutes after him.
The policeman stated that the prisoners started after the
deceased about a minute or two after him, and that when he
came up to them and they said they were picking up the
man after a fall ; ho said " It's no fall, it's a blow," to
which they answered to the effect that they had not done it,
and when taken into custody (before the death) on the
charge of illtreating the deceased, they denied that they
touched him.

In cross-examination of thr policeman by Mr Ribton, it
was elicited that he could see the deceased 100 yards ahead
of him, as it was a moonlight night, and he said that the
prisoners started two or three minutes after him ; but
being pressed, said that he did not think it was three or
four minutes after him, and believed it was not.

In re-examination by Mr Addison it .was elicited that it
was five or six minutes between the time of his going after
the men and ooming up with them.
In answer to the learned judge, the witness stated that
the deceased was not actually lying down, but was half held
up by the head..
The other policeman confirmed the statement that the
men were told it was not a fall, but a blow—but he stated
the men said, "Do you think that we should do such a
thing as that ?"
In cross=exaboinatien by Mr R ibton it was elicited that
they both said this,•and said it again and again, and with
vehemence.

Atter pressing the policeman as to details of the matter,
Mr Ribton desired to advert to his deposition as contra-
dicting Min, tut
The learned judge rem'.nded him that this he could net
do without putting in the dep isitions as his own evidence,
the effect of which, it may be observed, would be to give the
counsel for the prosecution a reply.
Mr Ribton said he was afraid it was so.

[lt is worth white mentioning this point of procedure, as
it is of constant, almost daily OCCI7 rreuca in criminal trials,
and which, although the depositions of the witnesses' for
the prosecution examined before the magistrates are always
in court, and have been perused by the judge and are a
kind of official document before the court for the purposes
of the trial, yet they cannot be appealed to or referred to by
the prisoner or his counsel to contradict the witnesses, by
showiftg inconsistencies between their previous and present
statements, without making them evidence and putting
them in, and thus incurring the consequence of giving the
counsel for the prosecution a reply.]
The surgeon, being called, stated that he believed the
wound on the frontal bone, which was fractured, caused a
compression on the brain which produced death and also
caused the effusion of blood from the nasal vein. He was
positive that this wound was not caused by a fall, but by a
blow, and he believed that it was a blow, not with the fist,
but some blunt instrument, Being pressed on cross-exami-
nation he said he thought the man must have been kicked
in the eye. Being much pressed by Mr Ribton in cross-exa-
mination whether the effect might not have been caused by
a blow of a fist, he said the injury on the jaw might have
been so.caused, but not the injury over the eye, which ho
said he believed was caused by a blunt instrument, Being
pressed as to whether the injuries might n,)t have been
caused by a fall, he said ho thought not, as the fall would
be merely fiat on the earth. He said that there was, ho
believed, a blow "right into the eye," and that the man
would have fallen senseless where he stood ; and (as a con-
sequence) that he must have been dragged from the spot
where the blood was to the spot where he was found in the
hands of the prisoners. There was, he said, an internal
fracture of the frontal bone, and rupture of the frontal
"sinus" or vein. In re-examination it was elicited that he
found an insensibility of the eye to light, which showed
compression of the brain from extravasation of blood.
In answer to the learned Judge, he stated that a blow
on the inside and soft substance of the eye might have pro-
duced the internal appearance he observed, and that there
was an internal rupture or fracture which went upwards.
The result of the blow being on the soft part of the eye
might have been to produce the internal injuries observed,
without those external appearances which otherwise would
have been produced had the blow fallen on the external
bone over the eye.

The other surgeon, whose name was Engleheart, stated
that the injury was to the "orbit" of the eye, not the eye
itself. There was an injury to the integuments and a frac-
ture of the bone extending upwards an Mob and a half or so.
That injury might have been produaed by one kick, by the
toe of the boot catching the orbit of the eye and fracturing
the skull above it ; the sole of the boot at the same time
causing the abrasion observed on the face, and the heel at the
same time breaking the jawbone.
Mr Addison—Could the injuries have been caused by a
blow from a fist ?

Witness— Certainly not.
In cross-examination, Mr Ribton endeavoured to make
out that there could have been no kick, because there was
no breaking of the skin, but the witness stated very clearly
and distinctly that there was. There was, he said, a large
and severe wound, cutting through the integuments to the
bone. Being asked if the injuries might not have been
caused by a fall, he said decidedly not, unless it was a fall
from a height. Being pressed if it could not have been
caused by a fall against a wall, he said certainly not. The
whole tenor of his evidence was, that there had been a blow
right into the eye and upwards in its direction, so that the
injuries could not have been caused by any fall even if
there had been a fall. The man would fall insensible, he
said, where he was struck, and must have been dragged
frrm that spot, as he could not have moved himself.
The witness, in answer to the learned Judge, said that as
the injury was to the orbit of the eye there might be an in-
ternal fracture and rupture without an external fracture.
The insensibility of the eye was caused by an internal in-
jury, and by the pressure of the extravasated blood upon
brain.

It was then proved that both the prisoners wore heavy
boots" tipped and nailed" as commonly worn by '•navvies."
It was elicited, however, in cross-examination, that there
was no blood upon either of them.
This was the case for the prosecution.
Mr Ribton then addressed the jury on behalf of the pri-
soners.

Witnesses were called to give the prieonors a good cha-
racter, especially as being "quiet and not quarrelsome."
After a long trial which lasted until late in the afternoon,

The learned Judge proceeded to sum up the case to the
jury. The prisoners, he said, stood at the bar charged with
wilful murder. There were some circumstances in the case
which did not admit of reasonable doubt—that is, the gene-
ral features of the case, which he proceeded to state in ao-
cordance with the above narrative. The learned judge
then drew particular attention to the position in which the
body was found, the wall being on the right side; and he
then adverted to the evidence of the two surgeons, observ.
ing that there did not appear to be any very material dif.