The Sun. — 1862-12-10 (London, England)

WESTERN CIRCUIT.—WINCTIESTER, Dec. 9 (Before Mr. Justice Byles.) Joshua Oldham was indicted for maliciously wounding Martin Gibbs, with intent 'to murder him. There were other counts in the indictment charging different intents. Mr. H. T. Cole prosecuted, and from his statement, which was afterwards proved in evidence, it appeared that the prisoner was a convict in Portsea convict prison. On the 17th of November the prisoner, with other convicts, was employed in the dirt ground, sorting rubbish that was taken out of the ships and putting it into carts. The convicts were furnished with shovels for the purposes of their work. On the morning in question the prisoner neglected his work, and picked up bits of biscuits and carrots, contrary to the prison regulations. Gibbs, the warder who had charge of that party of convicts, desired him to attend to his work. For a short time he did so, but then he again picked up bits of biscuit. Gibbs then told the prisoner he shouid report him. In it minute or two after this the prisoner came across to Gibbs and said, " Master, are you going to report me ?" Gibbs told him to go on with his work. The prisoner said, "I will, sir;" but almost immediately after he turned round an struck Gibbs a violent blow on the side of his head with a shovel. The effect of the blow was to fell Gibbs to the ground. The prisoner then struck Gibbs another blow with his shovel on his head while he was on the ground. The prisoner was about to strike a third blow when a workman named Slade rushed forward and pinned the prisoner's arms and made him drop the shovel. Gibbs then called to the convicts to assemble and go in. The prisoner then said, " There are too many hero for me to complete my business." This observation, however, was very differently related by two persons who professed to have heard the prisoner's statement. Gibbs had suffered very much from this ill-treatment. The prisoner, in his defence, said he admitted having struck Gibbs, but he did not intend to kill him. He was irritated because Mr. Gibbs had threatened to report him. The learned Judge, in summing up, said it was for the jury to say whether the prisoner's real intention was to kill and murder the officer, or whether his intention was such as was charged in the other counts of the indictment. It was a very serious case, and they must exercise great care. The jury found the prisoner guilty, with intent to do grievous bodily harm. The prisoner was then sentenced to 15 years penal servitude ; but, as he was being taken from the bar, asked how it was to be carried into effect. We presume, if he does not obtain one of Sir Joshua Jebb's tickets, ho will in time discover how the sentence will be carried into effect. Robert Oldham was indicted for uttering a forged check. Mr. Way prosecuted; and Mr. H. T., Cole appeared for the prisoner. The prisoner pleaded guilty. Mr. Way said he was instructed by the directors of the London and County Bank that this young man, staying in the house of Mr. White, and being in want of money, and knowing Mr. White had an account at the London and County Bank, had been tempted to utter this check. The directors said it was a case in which they would wish to recommend the prisoner to mercy on account of his extreme youth. No loss had occurred to any one, and he rusted his lordship would be es merciful as he ,hought would be consistent with the ends of jus,ice.