The Sun.
London, England, 1862-03-04 00:00:00

CASTLE V. KITCHENER.

Mr. Huddleston, Q C., and Mr. Cripps appeared
for the plaintiff ; Mr. Sergeant Pigott and Mr. J.
0. Griffits for the defendant. _ _ _

_
The plaintiff in this action, Riehard Castle, is a
miller at Duckington, and he sued the defendant,
S. Kitchener, a dealer in hay and corn, &c., at
Brighthampton, to recover damages for assaults
committed upon him on the 24th of November,
1861, and spoiling his clothes. The defendant
pleaded the general issue, and also a plea in which
he alleged that the plaintiff first assaulted him, and
justified assaulting the plaintiff in his self.defence.
It appeared from the evidence that on the day
in question the plaintiff met the defendant and
some other parties at the Anchor Inn, in Oxford.
The defendant had been to St John's College to
pay his rent, and there had been entertained with
the wine and ale for which, it was stated, that Col-
lege is famed, and the consequence was he was
somewhat excited ; and it did not appear that he was
rendered quite sober by the four glasses of brandy
and water of which he afterwards partook at the
Anchor, in this city. The parties started on their
road home, but on their way they had occasion to
pass the Red Lion, at Eynsham, and found it im-
possible to get further, and went in. They there
took more drink, the defendant adding four more
glasses of brandy and water to his previous supply.
Some conversation took place at the Led Lion, in
the course of which coarse language was used, and
in the result the defendant got up and shook the
plaintiff by the collar and tore his coat. The plain-
tiff started on his way home at a late hotr, and was
followed by the defendant and two friends, shout-
ing and singing, in their cart; and when the de-
fendant overtook the plaintiff he got out if his cart
and again assaulted the plaintiff, by knocking in his
hat and pushing him into the hedge. Some proposal
was afterwards made to settle the action which the
plaintiff brought lby the payment of the costs, but,
as the plaintiff wanted the defendant to pay £2O as
damages as well as the costs, the plaintiff Proceeded
with his action. The trial occupied the rtst of the
day, and ended in a verdict for the plaintiff—
Damages, £5,

CRIMINAL COURT.
(Before Mr. Justice Crompton.)
William Gibson, 23, labourer, and James Burn-
ham, 19, wood carver, were charged with felo-
niously setting fire to a stack of hay, the property
of John Allin, on Feb.B, 1862, at Sandford.
Mr. Somerset conducted the prosecution ; the
prisoners were undefended.
It appeared that, at about 10 o'clock on the morn-
ing of the Bth of February last, the prosecutor saw
the two prisoners asleep under a rick of clover hay,
about 200 yards from the Oxford and Baldon road.
He woke them, and cautioned them not to smoke—
a caution he was always in the habit of giving to
strangers under such circumstances, though he saw
no pipes or tobacco. At about 12 o'clock a Mr. Lowe
and his brother farmers at Baldon were driving into
Oxford, and saw the rick on fire and the two pri-
soners runaing away from it. Mr. Lowe took one
of the prisoners in his gig to the prosecutor, and his
brother secured the other prisoner, and they were
afterwards both brought to Oxford in custody and
searched. Three lucifer matches were found upon
Gibson, but nothing was found upon Burnham, and
though their defence was that they were smoking,
and set the rick on fire accidentally, no pipe or
tobacco was found upon either of them or near the
rick.

The jury found the prisoners guilty, and
Mr. Justice Crompton sentenced each of them to
six years' penal servitude.

WESTERN CIRCUIT.—WINCRESTER, March 3.

CROWN COURT.
(Before Mr. Justice Blackburn.)
John Foster was indicted for setting fire to a cask
and some straw, being in a building, with intent to
set fire to the building, with intent to defraud the
West of England Fire-office.
Mr. Bere conducted the case for the prosecution,
and Mr. Poulden defended the prisoner.
It appeared that the prisoner had a store in Port-
sea. About 4 o'clock in the afternoon of the 9th of
October, some smoke was seen issuing from the pri-
soner's store. The prisoner was standing in the
street a short way off; a person called to him and
told him to open the door of the store, as it was on
fire. The prisoner then leisurely opened the door
of the store. A cask was seen to be on fire within
the store. The prisoner took some straw and put
it on the fire, and said, " it, it will burn the
faster." He then came out of the store and locked
put out of his temper than one in his sound senses;
the door. The prisoner seemed more like a man
he was like a madman. He was very much given
soda in the cask. The police were sent for, and when
one of the body
g
went to the spot a good deal of
m
ion, and was then in liquor. There was
s issuing from the store. The officer went
tosto drinking,
v
aok houselk near and saw the prisoner. He asked
him if it was his store that was on fire. The pri-
soner said it was. The officer asked him to come
and try and put it out. The prisoner said he should
not. A neighbour named Twigg got into the store
through the window, and some water being handed
to him he put out the fire. The straw and cask
were then on fire. The officer then went to the
door of the store and .saw the prisoner. He
told him to come and open the door of the store.