The Sun.
London, England, 1862-02-27 00:00:00

severe blow and knocked him down. He then re-
ceived more blows, but he did not know from whom,
and they left him insensible. It appeared that a
blow was made at Ir win, but his foot slipped,
and ho went down ; but he had an opportunity
of seeing the man, and his evidence was ma-
terial. Bowman suddenly saw two men coming
upon them in the direction where Cowman had
been, who struck him a severe blow which knocked
him down into the water. The next thing Bow-
man recollected was that ho found himself crawling
out of the water on to the land. The last thing he
recollected abc ut Atkinson was that these two men
were close upon him, and one of them, without a
stick, had got his arms round him. So that it
would appear that the man, instead of going Quietly,
immediately atter his companions came, turned
round upon Atkinson. Irwin had escaped, but he
saw men going in that direction, and, although he
did not see, he heard heavy blows upon something—
whether on Bowman or Atkinson he could not tell.
Bowman was tha first man who came to his senses.
He went forward and met Cowman, and these two,
not seeing or hearing anything of their companions,
thought they had gone off somewhere, and went
away towards Corby. Irwin then got up, went
along the island, and found Atkinson lying by the
river side, the upper part of his dress was dry. He
had been dragged out of the water for some dis-
tance, and left on the shore in a state of insensibi-
lity, with his clothes pulled over his face. After a
little time Milburn showed himself in one of the
fields. Irwin called out and told him there was a
man in a bad condition, upon whioh Milburn got
a cart and horse and conveyed im up to his house
and placed him upon a sofa. He was attended by
a medical man, but he died about 1 o'clock. At the
spot where Atkinson was found lying there were
evident marks of a person having been dragged out
of the water, and the suggestion on the part of the
prosecution was that he received his injuries while
standing in the water, that he never got absolutely
down in the water, but had been dragged out and
left lying on the side. Close to the place where the
man was apprehended in the water were found a
pole and a net, with a salmon in the net, and this
might be the reason why the whistle was given.
About the place were found marks of two pair
of shoes and a pair of clogs, and these marks
were traced across the fields and up a lane
in the direction of Cumwhitton, where the prisoners
were apprehended and identified. It appeared that
a short time after the affray the prisoners had passed
Milburn's house, and old Robinson said, lam
afraid we have kilt or done for old Atkinson." In
using that expression he acknowledged himself a
party to the act. The younger Robinson was taken
into custody said that they were using his father
very badly before they went into the water to get
him away. That was an admission that he was
present, and the father recognized the statement as
true by saying, " You can see the marks on my head
and on my cheek." The fishery where this took
place was the private property of Lord Carlisle, and
the prisoners were unlawfully there attempting to
take fish. Atkinson and the others were lawfully,
according to the Act of Parliament, attempting to
take this man into custody. On the part of the
prosecution it was contended that if persons com•
bined together to use violence, and resist to the ut-
most any person who should lawfully attempt to
take them into custody, and inflict serious injury,
which resulted in death, the offence was murder.
If it were not so, police officers and others lawfully
taking persons into custody would have no protec-
tion. It was for the jury to say whether these three
men combined to resist in that way. If they got
into confiiet, and blows were given, no doubt it
would be manslaughter; but if they went for the
purpose of resisting any person interfering with
them, if they carried out that purpose and inflicted
blows which resulted in death, then murder must be
the verdict.

It was elicited in the cross-examination of the
witnesses that Milburn was tenant to a gentleman
named Clark, a considerable landowner, whose
estate was on one bank of the river, and that Mr.
Clark claimed a right to fish in respect of his land,
and Milburn, as his tenant, had asserted that right
and fished, and his claim to do so had been allowed.
The island in question where the deceased was
killed was a part of Milburn's farm, whose house
was close by. The watchers had not been appointed
conservators of the river under the provisions of the
Fishery Act of last session.
At the close of the case for the prosecution the
learned counsel for the prisoners submitted that there
was no case. The watchers, not being appointed
conservators according to the requirements of the
33d section of the new Salmon Fishery Act, had no
right to apprehend persons infringing its provisions.
Then, the 24th section of the General Larceny Act
of last session did not apply, as the dwelling-house
and lands adjoining were in the occupation of the
tenant, giving a license to fish by authority of his
landlord, and Mr. Clark, the landlord, claimed a
private right of fishing at that place, which ousted
the jurisdiction of the justices to inflict any fine if
the parties so acting were brought before the
justices, and was not an offence within that section
of the statute. There was, therefore, no authority
to apprehend the prisoners under the provisions of
the last mentioned statute, and their attempted
apprehension was illegal, and they had a right to
resist the assault made upon them.
His Lordship said that when it came before
Court which had power to determine the right the
objection to the jurisdiction was gone. The ebjee•
tions raised by Mr. Foster might materially affect
the question whether it was a case of murder or
manslaughter; men were not to be convicted of
murder upon fine points of law ; but there was eV?
dence to go to the jury on the charge of mall"
slaughter,

M-r. Foster then addressed the jury for the Pri'
senors, contending that the common object of the
prisoners was to fish for salmon, and the evidence
failed to show that they had any common object to
resist all persons who might molest them to e%'
tremity and at all risks. As to the elder prisoner,
evidence failed to show that he had taken any
part in the attack upon Atkinson ; and as to the
other two prisoners, there was no direct evidence
that they had struck Atkinson, bat evidence that
Bowman had used a baton, and had struck wildly
when knocked down by the two younger prisoners,
and when close to Atkinson, and could not tell
whom he had hit ; and Atkinson himself was armed
with a kind of short flail, which he called his baton,
having a loose piece of wood swinging by an
iron swivel at the end of it, and it was sug"
gested that in the struggle of these strong men
in
in the water it was not improbable that,
figh tswingingthe
swivelthish instrument
struck
head,hnis
the blow which had produced concussion of the
brain, which resulted in his death, had been thus
received and was not struck by any of the pri-
soners. At any rate, it was a matter left in doubt,
and that in the
head
which would not warrant a conviction.
His Lordship having summed up,
The jury retired, and after an absence of tsve
hours returned into court and requested his lord-
ship to read a part of the evidence as to the e-
pression used by the elder Robinson to Milburn,
I'm afraid we have kilt Atkinson." His lordshiP
having done so, they shortly after found all the
prisoners guilty of manslaughter, recommending
the elder Robinson to mercy.
His lordship sentenced the elder Robinson to 12
months' imprisonment with hard labour, and the
other two prisoners to 10 years' penal servitude
each.

Throughout the day the court was densely
crowded, and the case was not concluded till eight
o'clock, when the business of the assizes terminated•
Mr. Justice Mellor went early to-day to Nevi'
castle to open the commission.