The Sun.
London, England, 1863-03-03 00:00:00

ASSIZE INTELLIGENCE.

OXFORD CIRCUIT-oxFonD, March 2.
(Before Mr. Justice Crompton.)
William Powell was indicted for the manslaughter
of Josiah Joseph Walker, at Kirtlington.
Mr. Sawyer appeared for the prosecution; the
prisoner was defended by Mr. Lister.
An u Tollcy deposed that her husband was landlord
of the Six Bells at Kirtlington. Knew both deceased
and the prisoner, who are related to each other.
Deceased came to the Six Bells in the afternoon of
January 28. and drank some beer. The prisoner
came in shortly afterwards, and sat down opposite
deceased, and appeared to be tipsy. He commenced
abusing deceased, who was perfectly sober. DE-
ceased, after threatening prisoner with his stick,
eventually got up and put prisoner out of the room.
into the passage, where a scuffle took place, whir.ft
lasted a minute or upwards. Deceased returned
to the taproom, followed by prisoner, and resumed
his seat and had more beer. He left the house
about five minutes after his return to the tap-room,
the prisoner remaining about ten minutes after de-.
ceased. Witness did not know that anythi-ag
dangerous had taken place in the passage.
The witness stated in cross-examination that
there had been disputes between the parties. arising
out of some property. Deceased made -no obser-
vation on his return from the passage, where the
scuffle took place. There was nothing particular in
his manner or appearance, and he went away after
drinking his beer without making any complaint
or observation.
The servant girl at the Six Bells remembered
seeing deceased remove prisoner from the taproom
into the passage, and heard the scuffle. Remained
in the taproom until they returned, and afterwards
until deceased went away. After deceased left
heard the prisoner say he would " mark him.
(meaning deceased) for putting him out." Witness
left the taproom directly after prisoner uttered the
threat, but did not see him leave the house.
Another witness, the son-in-law of the deceased,
with whom he lodged, remembered his coming home
the same evening about half-past five. In conse-
quence of what deceased said witness got a light,
undressed, and examined him. There was a cut in
the groin near the left-hand pocket of the trowsers,
and the bowels were protruding. He was sent to
the Oxford Infirmary.
Thomas Powell, police-constable, went to Kirt-
lington on the night in question, saw deceased, and
examined his clothes ; both his trowsers and
his shirt were cut through. Went afterwards to
prisoner's house, and charged him with cutting and
stabbing. He said witness might " take him, hang
him, or transport him, or do anything else with
him." He was then tipsy. Witness took him to
the Six Bells, searched him, and found four knives
upon him, but all free from marks of blcod.
Mr. Svdenham, surgeon, attended deceased on the
evening of the 28th January. He was on a bed,
with his intestines protruding from a wound on the
left side, and lying on the abdomen. The wound
sha
rp
knife. such as might have been caused by a
knife. Witness ordered him to be removed to the
Infirmary. The witness stated in cross-examination_
from want of
that the wound was dangerous rather. .
anything formidable in
timely attention than from a
half-past. 9 o'clock before wit-
nessits character. It was .
saw deceased. The action of walking home
from the public house might have caused the bowels
to protrude, and until protrusion took place there
would not necessarily be pain. A very slight cute
in such a part of the body might cause the bowels
to protrude.
Mr. Wingfield, house surgeon of the Ratcliffe
Infirmary at Oxford, also gave evidence as to the
nature of the wound. Deceased died on the morning
of the 30th from the effects of the Wound.
Another police constable, Who was in charge of the
Bicester station on the night of the 28th and received
the prisoner in charge, deposed to a conversation
with him, in the course of Which he said " it was
no use to deny it, as there was onl him (meaning
deceased) and me there y
and I was not going to be
put out of the house,", and " he had done it with
his bread and cheese knife.
Mr. Lister, in his address to the jury, dwelt
upon the circumstance that the prisoner was in
liquor at the time, and further urged in his favour
the suddennessThe learned
Judge
dtghee collision between him and the
1 deceased,
epde'n farlom servitude. w hi
and Thomas Baker, were charged with setting '
i; fire
to a stack of hay at Ducklington or 2d
anything to
chthe absence of malice might
reasonably be presumed, and that deceased might
in fact have met his death by accident.
The jury found a verdict of guilty, with a teem•
mendation to mercy.
sentenced the prisoner to tun
John Evans, an attorney's clerk, Edward Lewis_
The prisoners pleaded guilty, and en being asked
say why sentence should not be passed upon them,
Nov. last.
in the usual manner whether they had
Evans observed, "My lord, I have beers
going on
very badly for a long time, and if you wish to do me
any good you had better send me out of the country."
The learned Judge sentenced the prisoners to
eight years penal servitude.
i Evans—Thank you, my lord.