The Sun.
London, England, 1854-07-31 00:00:00

ASSIZE INTELLIGENCE.

MIDLAND CIRCUIT.- —DERBY, JULY 29.
(Before Mr. Justice Maule.)
THE FATAL POACHING AFFRAY IN DERBYSHIRE.

John Turner, labourer, 38 ; James Walton, weaver,
40 ; W. Dawson, weaver, 40 ; W. Taylor, weaver, 50 ;
B. Milner, labourer, 33, T. Wilson, joiner, 36, and T.
Dodds, labourer, 28, were charged with the wilful
murder of W. L. G. Bagshawe, on the night of the 10th
of -July, 1854, at the parish of Tideswell. The prisoners
were charged upon a second indictment with a .violent
assault upon Samuel Slack.
_ _

Mr. Macaulay and Mr. Boden appeared for the prose-
cution ; prisoners were defended by Mr. Sergeant Miller
and Mr. Bell.

The court was densely crowded to hear the above
trial, which occupied the court from nine in the morning
until half-past eight in the evening.
After the hearing for the prosecution,
Mr. Serjeant Miller, for the prisoners, said that
before the jury could convict any of the prisoners
they must be satisfied that the offence of mur-
der was actually committed. They had beard
legal objections to Mr. Bagshawe's right to be there,
and the present case being a peculiar one it was
called a legally constructed murder. It would be for
the jury then to say if in point of law murder had been
committed, and if so, by whom t It was perfectly true
that if the prisoners went out together, agreeing violently
to resist their lawful apprehension, and if, in carrying
out their purpose, they resorted to ♦iolence, the party
inflicting fatal injuries were guilty of murder, but the
facts elicited in this case were far otherwise ; there was
no proof of murder, there was none that the prisoners
had acted in concert. Supposing that all the prisoners
were there in the night time, were the jury satisfied
that, in going out to spear a fish, they went prepared to
resist to the death any attempt to apprehend them ?
Was there any proof of this being the fact ? Did it not,
on the contrary, appear that no intimation whatever
having been given to the poachers who it was that had
come to prevent them carrying out their designs, and no
attempt made to take them into custody, except after a
violent attack, that there had been a desire on the part
of Mr. Bagshawe and his friends to thrash them upon
the place rather than seek to punish them by the law ?
The learned counsel then went through the portion of
the evidence referring to the conflict, arguing that it
went to show that Mr. Bagshaw's party were the first
to begin the attack, and that the shots said to be fired
were directed only against the bull-dog which had been
let loose upon the men in the river.

Mr. Justice Maule having muintned up, after a quar-
ter of an hour's consultation the jury returned a verdict
of not, guilty against each prisoner o❑ the charge of
murder.

Mr. Macaulay, Q.C., then said there was another
charge against the prisoners for feloniously assaulting
Samuel Slack. In consequence of Slack being too ill,
from the severity of his wounds, again to give evidence,
he applied for this trial to be postponed until the next
assizes, Miller being detained in custody, and the other
siz liberated on entering into their recognizAnces to ap-
pear when called upon.

His lordship could not accede to the request, and no
evidence being offered upon the second indictment, a
verdict of acquittal was also returned upon that.