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

' son I wanted Mr. Leary to come to me, and he
wrote the letter for me. I told him what to say.
By Mr. Cross—While I was in Sanderson's house
I wrapped up his trousers and made a bolster of
them before the fire. Oyster shells had been about
Sanderson's house a long time.
By Mr. Foster—l know Waddington, near
Clitheroe. I never was caught in Alice Heard's
hen roost. Never stole two pounds of bacon at
Low Moor. Never stole a hawker's pair of stock-
ings at Birch's house at Clitheroe. Never stole ss.
from a block printer at the Robin Hood, Clitheroe.
Never stole two geese from James Dawson, of Edes-
ford Bridge. Young John Parker complained to
me that he had been cut about the head; I saw the
blood on his face. We all went together to Parker's
a little before two o'clock.
Re-examined—l got a month for stealing
potatoes.
By his Lordship—Bleating is a signal among
poachers to tell them the keepers are coming. It
is also a signal for picking nets up after the dogs
have done running.
William Varley, a boy of 12 years of age, was
next called—l live in Wilkin-lane, Clitheroe. My
father is a block-cutter. I remember the prisoners
being taken up for this offence. I remember seeing
nine or ten of the poachers the night before the
affair. Sanderson and Riley were there. Sander-
son spoke to my mother. I saw them standing
together about 10 minutes, about 40 yards from
Sanderson's house.
P. P. Marsden was next examined. He said—
I am a constable stationed at Downham, near
Clitheroe. On the 4th Dec. I took a pair of boots
from the feet of Sanderson while in the lock-up.
There was something peculiar about the soles of
the boots. I then went to Hardhill-lane with
Gornall, and examined the fOotprints there, and
they corresponded with the boots. The footprints
were between the wood bridge and the gate leading
to Dewhurst's meadow. The impression of the boots
nearest to Dewhurst's meadow was about three
yards from the gate. The footprints corresponded
in the arrangement and number of the nails with
the boots belonging to Sanderson. I also produce a
pair of clogs taken off the feet of Holden. I took
the clogs to Hardhiil-lane and compared them with
a score of footprints there. The clogs corresponded
with the impressions in every respect. The number
of nail marks in the clogs corresponded with the
number in the impressions. The person who made
those footprints appeared to have been coming from
the wood bridge to Dewhurst's meadow. This wit-
ness also deposed to having seen the gun before re-
ferred to by other witnesses at the house of John
Parker the elder on March 11. It was then broken.
Wm. Smith said—l am a labourer at Clitheroe.
I remember some persons being taken up for this
poaching affair. The day before that I was working
along with the two Parkers. I recollect Riley and
Sanderson being apprehended. I had seen and was
two hours with the two Parkers on the day previous
(Monday). We were cutting hay at Thomas Ho-
thersall's stack : he keeps the Wheatsheaf at Cli-
theroe. I left them about four o'clock in the after-
noon. I heard about nine o'clock on Tuesday morn-
ing of the apprehension of Riley and Sanderson.
On the same Tuesday morning I saw young John
Parker ; it was directly after I had heard. about
Riley :and Sanderson ; he was in Thomas Hother-
sail's back yard cleaning a drag. I observed he had
a clean shirt on, a clean holiday shirt. I noticed
he had a pair of fresh trousers on. The trousers
were his father's. They, were not the trousers he
had on the previous night when I saw them.
About half-past 3 o'clock on the same Tuesday after-
noon I saw John Parker again near Mercer's mill.
He was laying up manure for Thomas Hothersall.
We conversed a good deal about this poaching.
Young Parker said he had got into bed when
the police came to look for them. He said he
had got washed and got a clean shirt on when the
police came, and he had put a fresh pair of clogs to
the fire. e showed me a cut on his head about
the size of a shilling. I put my finger on it ; it was
in the hair, about two inches from his forehead.
He said he thought it had been done with' a shoe.
He said it had been done in the poaching affray.
He said three of them had him down, and it was
then he received that wound. He said he had
"bleated" like a sheep when down, till assistance
:came to him. He said that his father had gone off.
Cross-examined by Mr. Foster—Never mentioned
what young Parker told me, only to my brother
the day after Christmas day, until I was sent for
to Hothersall's public-house by Mr. Baldwin, soli-
citor. I had some gin there, which I did not pay
for myself.
John Baynes Pinder, surgeon and apothecary at
Whalley, was next examined.—Knew the deceased,
and was called on to attend him at a cottage house
in Lamb-row. He was bleeding most profusely
from wounds on the head and face—there were six
on the head and two on the face. Some of the
wounds were incised ones, and others contused.
The incised wounds were less clean than if done by
a knife. The wounds might have been produced
by a gun stock. The shoulders of the deceased
were bruised. Attended him up to the morning of
his death. It was about 2 o'clock in the morning
when witness was called in to attend upon the de-
ceased. The witness then detailed the result of a
post mortem examination he had made of the body
of the deceased, and attributed death to the wounds
on the head and the fracture of the skull. He had
examined Parker's head. There was a cicatrix of a
wound on it.

Cross-examined by Mr. Foster —The wound was
perfectly healed. The hair was not cut, or shorter
about it. He could not tell how long it had existed.
It might be of old standing.
This was the case for the prosecution.
The learned counsel for the several prisoners
then proceeded respectively to address the jury on
behalf of their clients, contending that the facts
did not show a combination to resist to the death
all opposers of their common design of poach-
ing, supposing the prisoners to be identified,
and unless there was such combination each was
only answerable for his own acts • and that there
was no proof who had struck the blows which had
caused the death of the deceased. That whoever
did strike those blows had done so in self-defence
when attacked by the keepers, and in hot blood,
and that the offence was not that of murder, but
manslaughter. Then, as to the persons present, it
was contended that the corroboration of the approver
Riley was not satisfactorily made out as to any of
the prisoners. As to Parker, his learned counsel
contended that the attempted corroboration of
Riley's statement by the witness Smith was in itself
an improbable story, and when sifted was contra-
dicted by the evidence of Mr. Pinder the surgeon,
who had disproved the probability of the prisoner's
head having been wounded on the 14th Dec. last.
The address of the several counsel occupied three
hours and a-half in the delivery.
His lordship then proceeded with great care to
sum up the evidence, and in reference to some com-
ments made on the game laws, said it was not his
province to say whether those laws were politic or
otherwise. But no system of law in a civilised
country could permit bands of armed men to tres-
pass on the grounds of another, and endeavour to
take by force from him what he had a right to
preserve on his own land. His lordship then went
carefully through the evidence as affecting the seve-
ral prisoners, directing the jury that if they thought,
on the facts, that the prisoners went out with a
common design, armed to oppose all resistance to
their unlawful act, and death then ensued, and
they were satisfied by the evidence of the approver,
corroborated substantially, that each of the prisoners
was there, it was their duty to find them guilty of
murder. If, however, they thought that the keepers,
by their conduct and by excess of violence in at-
tempting to arrest the men, had provoked the blows
in hot blood which led to the death of the deceased,
then the offence was only manslaughter. If they
thought the evidence as to each or any of them
being present was not satisfactorily corroborated,
then they must find one or all of them not guilty.
The jury retired, and after an absence of an hour
returned with a verdict of Guilty of manslaughter
as against the prisoners Sanderson and Holden, and
of not guilty as against the prisoner Parker.
His Lordship then sentenced Sanderson, who was
shown to be an old poacher, to 10 years' penal ser-
vitude, and Holden to four years' penal servitude.
There were two other indictments for night
poaching and for cutting and wounding against the
prisoners. With regard to Parker, the learned
counsel for the prosecution said they should offer no
evidence on these indictments. A formal acquitta
was therefore taken, and he was discharged.
This case, which occupied all day till 6 o'clock
finished the assizes.

TiILE TO LANDED ESTATES BILL.—The bill
brought into the House of Commons by tbe Solicitor •
General to simplify the title to landed estates has been
printed. It is divided into two parts, the first of which
relates to the measures to be adopted by the owner for a
declaration of title and for the conveyance of land ; and the
second part relates to the establishment of a Landed Estate
Court, for the purpose of carrying the provisions of the act
into effect. The court is to consist of a chief judge and an
assistant judge, to be appointed by her Majesty, and to hold
their offices during good behaviour. No persons are qualified
to be judges of the court unless they have been practising
conveyancers for 10 years, or have served five years in
Ireland as judges of the Incumbered Estates Court.

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