The Sun.
London, England, 1859-02-21 00:00:00

petitioner had supplied her relatives with property
belonging to the respondent.

The jury returned a verdict for the petitioner
upon all the issues.

GROVES V. GROVES AND TOXIPSON.
Mr. Laxton appeared for the petitioner, and Dr.
Swabey for the respondent.
This was a petition for a dissolution of marriage,
presented by Edward Groves, a carman in Tower-
street, Waterloo-road, on the ground of the adultery
of his wife, Mary Ann Groves. They were married
in 1849, and have one child. In 1852 they went
to live with the petitioner's father, in Tower-
street. In the autumn of that year, in con-
sequence of disagreements between Mrs. Groves and
her mother-in-law, Mr. Groves took lodgings for
his wife at a house in John-street, where he fre-
quently visited her. The inmates of the house
discovered in the course of a few months that Mrs.
Groves had more than once allowed a strange
gentlemen to pass the night with her in her hus-
band's absence. They communicated this fact to
Mr. Groves, who immediately separated from her.
She and her child have since lived with the co-
respondent, who is a gas-fitter in the Waterloo-
road.

Dr. Swabcy, for the respondent, who pleaded a
denial of the two charges of adultery, first with
divers persons unknown in John-street, and
secondly, with the co-respondent, urged that the
evidence upon the first charge of adultery was not
so conclusive as to justify the jury in acting upon it.
The jury immediately found a verdict for the
petitioner on both issues.

SPRING ASSIZES.

NORTHERN CIRCUIT.—LANCASTER, FEB. 18.
THE CHARGE OF WILFUL MURDER AND NIGHT
POACHING AT IVHALLEY.
William Sanderson, aged 35, Thomas Holden,
alias Whittaker, aged 23, and John Parker, the
younger, aged 22, were charged with the wilful
murder of James Eatough, at Whalley, on the
night of the 13th of December last. Two other
men, named John Hayes and Denton Newell, were
included in the indictment, but the grand jury
ignored the bill as against the two latter men.
Mr. Monk, Q.C., Mr. Segar, Q.C., and Mr. Kay
appeared on the part of the prosecution ; Mr.
Assheton Cross defended the prisoner Sanderson;
Mr. Tindal Atkinson the prisoner Holden, and Mr.
Campbell Foster the prisoner Parker.
Mr. Monk, in his opening observations, said he
was sure the jury had already heard quite enough
of the case to ensure for it a most careful and patient
hearing. They had heard that the offence was one
which affected the lives of those who were before
them. He would simply call their attention to
that charge because he believed that those solemn
appeals which were sometimes made by counsel
were rather attended with mischief than anything
else, as they unsettled the nerves instead of forti-
fying the judgment. The charge arose from an
attack of persons, leagued togethr in defiance and
opposition of the laws to take game, upon these
persons who resisted their attempts. He would
not say one single syllai)le, then, as to the policy
or impolicy of those laws, because they had nothing
to do with the game laws, for what one person
might think right another might think wrong. The
jury were there to administer the laws as they found
them. The learned counsel then proceeded to state
the facts of the case as detailed in the evidence.
After the usual formal proof the deposition of
the deceased watcher, James Eatough, was put in,
and was substantially the same as the evidence of
the witnesses.
Henry Eatough examined—My father was aged
53, and was employed by Mr. Whalley as a watcher.
I was also in his employ. I remember on the night
in question going to Dewhurst's meadow, in com-
pany with James Gornall, William Hargreaves, my
father, James Hindle, John Eatough, and police-
constable Myers. Some of us afterwards went from
the field into the clover field which adjoins the
meadow. After I got into the clover field I saw
three men in Dewhurst's meadow. I and the
keepers then went into Dewhurst's meadow. Upon
doing so I heard some men bleeting like sheep. One
of the men had a gun in his hand, and he pointed
it at James Eatough. He stood up and ran about
two yards back, knelt down and pointed the gun.
A man who was with him then said, "D— it,
blow his brains out." The hammer of the gun
went down and the cap snapped, but the gun
did not go off. I was then hit in the back by a
man several times with a large stick about two
yards long. They were heavy blows, and he struck
me with both hands. He hit my father with the
same stick on the back of the neck. My father
had his back towards the man who struck him. I
saw a long net, slanting about three or four yards
from the fence. I gathered about 20 yards of the
net up, when three men saw me, and they said,
" D— it, there's one of them going with the /act."
I ran towards the gate, and was obliged to drop
the net. I then went into Cinder-lane. When I
got about 9 or 10 yards up the lane I saw eight or
nine men come out of the gate. They came out of
Dewhurst's meadow, and I had seen them there. I
then went back to Dewhurst's meadow, when I met
my father coming towards the gate. He was
bleeding very much from the head. I took him to
the house, where he died. He lived from the 14th
of December to Christmas-day morning. My
father was in good health until this occurrence. I
saw some dogs in Dewhurst's meadow between 12
and 1 o'clock ; one was a brown and white dog, and
the other was a black and white. I saw the dogs
before the magistrates at Clitheroe. The black
and white dog is the largest. On going to Dew-
hurst's meadow the following day I found a sack
which stunk very strongly of fish. I gave the
sack up to the police on the 14th. I found a "purse
net" in the field on the same morning. It was set
on the other side of the field to where I found the
sack. The net is put in hedge rows for the purpose
of catching hares or rabbits as they pass.
Cross-examined—The name of. my master is the
Rev. L. M. Whalley. lam a daily workman, and
watch occasionally. I have been an occasional
watcher eight years. Before I went into Mr.
Whalley's service I worked on the line. I know
Mr. Taylor's ground. I don't know that I have
ever done a bit of poaching myself. I have been
summoned for trespass.
Police -constable Southworth remembered the
evening of the 13th of December. About a quarter
past 11 o'clock lie met Police-constable Myers on
the turnpike road between Whalley and Clitheroe.
About 30 yards from the tollbar, on the Whalley
side, lie met three men. They were coming from
the direction of Clitheroe. He recognised the first
man as Thos. Riley. He carried a stick with him.
He spoke to him. Riley at that time lived at
Clitheroe. The second man had a bundle with him,
but he only knew Riley. He did not see the other
two men sufficiently to recognise them. They had
a light-coloured dog with them. He had seen the
light-coloured dog before, and knew it to be Wm.
Sanderson's. After these men had passed about 20
yards there was a dog passed him,, about 50 yards
before three other men. He recognised one of the
three men as Thomas Whittaker. A little before
they got up to him Whittaker stooped down to see
who he was. He had then a good opportunity of
examining his features. The night was foggy. On
the following morning, a little before six o clock, he
apprehended Whittaker at the house of his brother,
Low Moore, near Clitheroe. He was upstairs,
partly dressed. In the kitchen, and before the fire,
were his clogs, which were wet and dirty. The
upper part of the clogs appeared to be soiled from
a field, the lower part mire from the roads. He told
him he was charged with being one of a party who
had been out poaching near Whalley. He said, " I
went to bed at 10 o'clock last night." He had since
seen a broken gun shown to him by Myers. He
last saw that gun in March last at the house of
John Parker, in Clitheroe. The prisoner at that
time lived at the house of his father. He was
assisting to sear7,h the house when he found the
gun ;, itwas in a box upstairs. At that time it
was unbroken.
Cross-examined by Mr. Foster—l went to the
elder Parker's house for the purpose of apprehend-
ing him, but he had got out of the way. I didn't
take the younger Parker into custody till about a
fortnight ago. Up to that time he had followed
his work as a labourer at Clitheroe.
Police-constable Myers, on being called, said—On
the night in question I went to the Pendleton
toll-bar to meet Police-constable Southworh. I
met two keepers and the three watchers, and
knew them to be the keepers and watchers of Mr.
Whalley. Jas. Eatough was one, Jas. Gornall,lV m.
Hargreaves, Hindle, and Henry Eatough. They
went into a field adjoining Hardhill-lane, and while
there I heard the noise of a stick as though some
one was passing a fence. I heard a dog make a
noise. A little after that I heard footsteps coming
up the lane in the direction of the turnpike. Shortly
after this two of the keepers followed the poachers
into Dewhurst's meadow ; they were Gornall and
Hargreaves. Henry ,Eatough joined the party at
that time. The other four watchers went into the
meadow, and I-followed them. It might be about
an hour after I had parted with Southworth at the
Pendleton toll-bar. After I got into the meadow
my feet became entangled in a net. I then came up
with James Eatough, who had hold of a net. He
wanted me to hold it up, but it was fast. Eatough
then ran down the field, and in a minute or two
afterwards I heard a noise as though men were
striking each other with sticks. It might be 40 or
50 yards from where I was standing. I heard a gun
go off; that is, the cap exploded. None of the
k P eaerpkeerrs
inhad
th
eg ufine
lsd t. hla thl kw e
arndo h
mo f. I heard old John
say.,fDr—olit,
man,
mind who you hit." I then heard Johr, Eatougb,

say, " This is old Parker." John Heyworth is the
occupier of this land, and lives about four minutes'
watk off. I went to the house for assistance, and
knocked him up and gave information. I then re-
turned to Dewhurst's meadow, and might have been
absent for 15. to 20 minutes. I met the keeper and
watcher. The deceased was covered with blood;
his head and face cut, and he was in a pitiful con-
dition. Hargreaves, Gornall, and another of the
Eatoughs were bleeding. I get this gun from Gor-
nall, and the lock from Richard Hayworth the fol-
lowing morning. I saw him pick it up in Dew-
hurst's meadow. The stock, at the time I received
the gun, had a ramrod in-it. I found the gun was
loaded, and drew the charge. It was charged with
3oz. No. 3 shot. and loz. of powder. I stopped at
Heyworth's until the doctor came up, and I then
went to Clitheroe. I made a report of the affair
to Superintendent Leary. We went to Parker's
house, but old Parker was not there, and has not
been found. We next went to Sanderson's. On
going into the house we found Thomas Riley there.
It would be about a quarter past four o'clock in the
morning. Riley was dressed, lying on some chairs
in front of the fire. There was a stool on the hearth,
and upon it a pair of trousers, as if lying there to
dry. There was also a pair of shoes on the hearth.
After Sanderson had admitted me he went upstairs.
I followed him. He then turned back, and I told
him he was charged with being in a poaching affray
down towards Whalley. He replied, " Very well,"
but seemed agitated. I followed him upstairs, and
he looked for his trousers but could not find them.
I told him his trousers were downstairs before the
fire, and he said, " Oh, yes." In searching the
house I found two game nets, one of which was
damp. I saw two dogs there, one of which was a
light-coloured one, and one more black than white.
I have known the light-coloured one six or seven
years, and have often seen it with Sanderson and
in Sanderson's house. I took Sanderson and Riley
to the Clitheroe police station. I found four pieces
of pot, an oyster shell, and seven gun caps in the
pockets of Sanderson. Those caps fit on the nipple
of the gun before alluded to. On the same morn-
ing, Southworth apprehended Holden. I searched
him, and found upon him one piece of pot and an
oyster shell. There was blood on Holden's jacket
and vest. I said to Holden, " You have blood on
your jacket, how do you account for this ?" He re-
plied that perhaps his nose had been bleeding.
Leary, who was then present, asked him if his nose
had been bleeding lately, when he replied in the
negative. On being told that his trousers were wet,
he said he had been at Blackledge,leading to White-
wall, the previous evening. I have examined the
nipple of the gun, and it appears to have been
stopped up with earth, as if it had come out of a
ploughed field. Dewhurst's meadow is a stubble
field. I never saw any of the poachers daring the
affray.
It being now near eight o'clock, the further hear-
ing of the case was adjourned to next morning.
SATURDAY, Feb. 19.
His lordship having taken his seat at nine o'clock.
Thomas Riley, one of the poachers in custody,
who was admitted as approver on the part of the
Crown, was placed in the witness-boxand examined
on the part of the prosecution. He said, lam a la-
bourer, late of Clitheroe, at present a prisoner in
Lancaster Castle. I recollect being apprehended
about 4 o'clock on the 14th of Dec. On the after-
noon of the 13th I was in Salford with the prisoner
Sanderson. I was at Birch's there. On arriving at
Wilkin-lane we met with Holden. We stopped
talking at the top of Wilkin-lane about an hour.
During that time John Parker, the elder, John
Parker, the younger, and a man named Nowell
came up. I know a beerhouse kept by a man
named Heys. I, Sanderson, Whittaker, and Nowell
went to Heys'. Young Parker did not go with us.
Old Parker followed us to Heys' in about 10
minutes ; it being about eight when we got there.
We had two or three quarts of ale, and remained
there till nearly 11 o'clock. We then struck off to
get a hare or two, and went to Sanderson's house
for nets and dogs. Old Parker went from Heys'
with us, and left us at the top of Wilkin-lane to go
and get a gun. At Sanderson's we got 10 purse
nets and pots. We took a brown and white dog
and a black and white bitch with us. When we
were starting out John Hayes joined us. There
were then William Sanderson, John Hayes, Thos.
Whittaker, Denton Nowell, and myself. We met
old and young Parker on this side of Little Moor
Houses. At Little Moor we got some pots ; we
wanted them to place for marks where we put the
nets. Old John Parker had a gun, and I tried it
whether it would go off or not. Myself, Whittaker
and old Parker used the pots in the field. We went
along until we came to a place called Limehouse
Clover. When we came near to Thurshaw's gate, I
and John Hayes and Denton Nowell went first. A
short distance past Thurshaw's gate we met police-
constable Southwell. I had a stick in my hand, and
Nowell had the bag with the long net. The brown
and white dog at this time was along with me.
I spoke to Southwell and said, " The top of the
morning to you." After two unsuccessful at-
tempts to get- game by laying down the
nets, we went on the high road towards
Whalley. Before we left the last place Nowell
and Sanderson got a stick while I was taking up
the long net. After going across some fields we
went up Flat-hill-lane, and out of the lane into a
stubble field called Dewhurst meadow. There were
five of us, John Hayes, the two Porkers, myself,
and Thomas Whittaker. The other two were left
at the gate. When we began setting the net young
Parker had the gun. I took out the long net, and
with the assistance of old Parker set it. We then
went forward along the fence side setting the purse
nets, leaving old Parker to look for the " smoose "
holes. Young Parker and John Hayes had the
dogs with them at the net, when I met
.Hayes and
young Parker running down, and they said, "The
keepers are coming." Gornall came up to me, and
I struck at him and missed him. The two men
nearest me were down on the ground, and one was
old Parker. I went to them. I thought our party
was topmost, and struck the undermost. I hit him
on the side of the head, and he said, "D- it,
lads, mind whom you strike." It was old Parker's
voice. I passed Sanderson and Nowell in the
stubble at the time of the affray ; the whole of our
party were in the field at the time of the affray. I
did not know the deceased. I saw an old man
there, and he was struck three times ; I don't know
who struck him. That old man was the same that
I afterwards saw ill at Lamb•row. There were three
or four persons round him ; he, I think, said, " Lads,
are you going to kill me?" Sanderson and I were
taking the long net up. I heard the sound of a gun
hammer go down before I saw the old man beaten ;
I had not seen any blows struck up to that time ;
before the hammer went down some one called out,
" Shoot, shoot, d- it, shoot !" I didn't hear the
gun cap explode. Old John Parker was hit ; I
hit- him. Young Parker was also hit, and he said
he was cut on the head ill. I did not see any
other of our party injured. I did not see any-
thing of the gun after I left the field. Young Parker
said he had lost his cap on the field. Hayes picked
up a plaid and a piece of carpet. The check of the
plaid was small, and the pattern black and white.
I told him to leave them as neither of them be-
longed to• us. I saw a black " billy cock" in old
John Parker's hands as we were leaving the gate of
the field. We had got the long net away with us.
When in Moor-lane we picked up some pots and
broke them into small pieces. We got up the net,
took it, away, and left the field and went to Pendle-
ton old toll bar. On my way I waded across Barrow
brook ; the others crossed before me. From Pen.
dleton bar we went down Pendleton Old-lane to

wards 111 r. Aspinall's. From there we went to old
John Parker's. He went into the house and came
out again, when his wife brought him a coat, bundle,
and a sovereign. As we were going across the
meadow old John Parker pulled his blouse shirt off,
and put a clean one on. Hayes wrapped a plaid
round his body and buttoned up his coat. John
Parker, the older, said he was going to Barnolds-
wick. When old Parker changed his shirt there
was six of us, young Parker having left us. John
Hayes, Thomas Whittaker, Nowell, and old John
Parker went away together. Sanderson and I then
went to Sanderson's house. The dogs went with
Sanderson and me. Nowell took the net with him.

Whittaker took old Parker's shirt that was stained
with blood.

Cross-examined by Mr. Atkinson—By trade I
am a block printer, but have been labouring lately.
I last worked at my trade about five or six years
ago. When I left off block printing I resided with
my parents. I left them when they broke up house.
It may be between four or five years since I left
home. The last work that I did was patting water
into Mr. Hall's house. It is within six months. I

got 2s. Bd. a day for two days and a half. That is
the only work I have had since I left home. I have
got my living
.by getting two or three hareS and
fishing. I have been catching these two or three
hares for the last 20 years. I have been in gaol
five times. I was first sent there for being drunk,
next for fishing. My third and fourth offences were
poaching.' The next time I was sent to gaol for
finding some potatoes. I found them by the road-
side, put them into a sack, and used them. lam
very sorry I have been engaged in this affair.
I have repented ever since I came to gaol this
time. I first told to repentance to Thos. Leary. I
sent a letter to Mr. Lear. It was written by Mr.
Ellison. I told him that I wanted to see Mr. Leary,
and that I had never had any rest since I came to
the gaol. I saw William Varley in the gaol, and
he asked how I was getting on, and asked me if I
had any word to send to my parents. Varley and
I never had a word of conversation about this
matter. Mr. Ellison was in the room at the time.
Nobody else came.to me in gaol besides Varley and
Leary but the officers of the itaol. I told Mr.