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London, England, 1853-03-17 00:00:00

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[PRICE SD.

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT.-YORE, MARCH 14,
CROWN COURT.

Robert Drew, aged 28, and William, Andrews, aged 28,
were indicted for having, together with one George
Kemp and others, on the 25th of November last, in the
night time, at Wormesley, in the West Riding, felo-
niously shot at John Mitchell, George Hepworth,
George Sawyer, and others, gamekeepers and watchers
in the service of Lord Hawkes, with intent to murder
or to do them some grievous bodily harm.
Mr. Hall, Mr. Dearsley, and Mr. Johnstone appeared
for the prosecution, and Mr. Overend defended the pri-
soners.
It appeared that Lord Hawkes' preserves are situate
at Womersley, two miles from Doncaster. About mid-
night on the 24th November, the keepers were in his
lordship's preserves, when they heard some guns firing
in the woods, upon which John Mitchell, who was head
gamekeeper, an assistant named Hepworth, and five
others, proceeded towards the place where they heard
the firing, in order to capture the poachers, and on ar-
riving at a wood called Bird Spring Wood, they came up
with five persons, armed with two double-barrelled guns,
two single-barrelled-guns, and an air gun. On coming
towards the poachers the latter faced about, and ad-
vanced towards the keepers in a line, with their guns
presented • upon which the keeper Mitchell, called out
to them, telling them to act like men, and not to use
their guns ; but the poaChers continued to advance, and
to throw stones at the keepers, who then made some
show of attempting to take them, but it then became
evident that the poachers would resist to the last ex-
tremity ; upon which Mitchell, the head keeper, who
had been told that his men held back, cried out to the
poachers, "Now we can't take you, go away like
men," but they kept on crying out, " Shoot, shoot,"
upon which Mitchell said, " Don't shoot, we have got
guns as well as you ; if you shoot,
,we shall shoot."
The poachers then took stones from their pockets,
which they threw at Mitchell, who protected his face
with his gun stock. The keepers then retreated, and in
going through a gate leading into a field into which they
had gone Mitchell turned his head round and received a
shot from a gun which was fired at about 15 yards from
hifir, and which took effect upon his neck and face, and
shot one of his eyes out. He cried out, "I am killed,"
and staggered, and fell insensible. Hepworth, the
assistant keeper, then received a shot on his right arm
and back, which brought his arm in which he carried
his gun to his side, and as he was putting his gun into
his left arm, it went off. The two shots were fired by
the prisoner Drew. Hepworth's gun had scarcely gene
off when he received another shot in his hand, which
*as fired by the prisoner Andrews. The keepers were
positive as to Drew's identity, and spoke distinctly to
seeing him fire the two shots from behind a tree.
With regard to the prisoner Andrews, George Kemp,
who was one of the poachers, was called as an approver,
to give evidence for the rown under the offer of a
reward of 1001. and a free pardon. He stated that he
and the two prisoners and two other men, not in cus-
tody, left Doncaster on the night in question, in two
parties, and joined each other when near Lord Hawkes'
preserves. That on their way they passed a miller in
his cart, who spoke to them ; and saw that one of them,
which was Andrews, was dressed in a white fustain
shooting coat. They then shot about 29 pheasants in
the wood ; soon after which the keepers came up, when
Drew threw himself behind the stump of a tree. They
cried out to the keeper, `,` It's no use, we're not going
to be taken ;" and Drew immediately fired, and attempted
to fire again, but the gun missed fire. He then put on
another cap, and on Hepworth turning round he fired a
second shot at him. Hepworth then fired, and Andrews
fired the next shot. They then returned to Doncaster,
and left their game with a ferryman named Harrop, and
their jackets and guns at another place.
This was confirmed by the ferryman, and by the find-
ing of the jackets and the guns, which were proved to
belong to the prisoners.
The prosecutor (Mitchell) on presenting himself in the
witness-box, appeared to be a stout, hale man, in the
prime of life, but he was perfectly blind, and was led
into the box, one of his eyes having been shot out. Hop-
worth, the under-keeper, was also badly wounded, 70
shots having been extracted from his body.
Mr. Overend addressed the jury for the prisoner, con-
tending that there was no sufficient corroboration of the
evidence of the approver so as to fix the two prisoners.
The evidence of the approver could not be relied on, as
he had been influenced by the reward of 100/. and the
offer of a free pardon. The keepers' evidence as to the
identity of the prisoners ought not to be relied on, con-
sidering the state of excitement which they must natu-
rally have laboured under in their attempt to take the
poachers. At the conclusion of his address the learned
counsel called the Mayor of Doncaster, in whose service
Drew had been a railway contractor, and several other
witnesses, who gave both prisoners an excellent cha-
racter,

His Lordship, in summing up, pointed the attention
of the jury to the charge they had consider, and to the
evidence adduced in support of each part of the charge.
If they thong& the identify of Drew was established,
and that he had aimed his gun at the head and face of
Mitchell, they would consider what he intended by that
act. As to Andrews, he was not the first to fire, and
had not fired until there had been a shot in return, and
until, it was presumed, his blood was up, where there
might be less of deliberate intent in his act than in that
of the prisoner Drew.

The jury, after an absence of two hours, found Drew
guilty of shooting with intent to murder, and Andrews
of shooting with intent to do some grievous bodily harm.
but strongly recommended them to mercy on the ground
of their previous good character.
His Lordship, in passing sentence, said that, but for
the recommendation of the jury, he should have felt it
his duty to have left Drew for execution ; he should, how-
ever, order sentence of death to be recorded, and should
recommend her Majesty to commute that sentence
into transportation for life; the sentence upon Andrews
was that he be transported for fifteen years.

WESTERN CIRCUIT—ExETER, MARCH 14.
CROWN COURT.
Harriet S:piller, a girl about twelve years old, was
found guilty of having set fire to two stacks of oats, at
Garcombe, the property of Mary Webber, on the 6th of
September last.
The jury recommended her to mercy on account of her
youth. Sentence was postponed.
John Dinning, aged 18, was indicted for maliciously
cutting and wounding William Moon, with intent to do
him some grievous bodily harm.
Mr. H. T. Cole prosecuted, and Mr. Cox defended
the prisoner.
In this case it appeared that the prosecutor, a farmer
at Ufculm, in this county, on the evening of the Ist of
February returned home from market, and hearing that
the prisoner had ill-used his son, a boy of fourteen, took
up a small stick and went out to the prisoner, who was
standing just outside the house. An altercation took
place between them, when Moon struck the prisoner
several times with the stick. The prisoner said, "If
you hit me again you --, I will rip your guts up."
Moon turned round and struck at the prisoner again
with the stick, when the prisoner immediately struck him
in the belly with some sharp instrument, the effect of
which was to pierce the abdomen through, so that the
intestines of the poor man came through and hung down
for more than a foot. He was put to bed and attended
by a surgeon, but his life was for some time in immi-
nent danger. The prisoner was informed of what had
happened, when he said, "It was a bad job—he wished
it had been worse, and that he wished he had ripped him
right up."
Mr. Cox having addressed the jury for the prisoner,
he was convicted of unlawfully wounding, and was sen-
tenced to fifteen months' imprisonment and hard labour.
James Bolt, a little boy about seven years old, was in-
dicted for having wilfully and maliciously set fire to a
hayrick.