The Atherstone, Nuneaton, and Warwickshire Times. — 1884-01-05 (Atherstone, Warwickshire, England)

THE MURDEROUS POACHING AFFRAY AT WARVIICK.—George Davies (33), labourer, arid Charles King (34), groom, were charged with night poaching on land uelonging to the Earl of Warwick, at Old Park, on the 15th December, at the same time unlawfully wounding two gamekeepers, named White and Box.—Mr. Hunter (instructed by Messrs. Greenway and Campbell, solicitors, Warwick), prosecuted; Mr. Stubbins and Mr. Fitzgerald (instructed by Mr. J. Boddington) defended King, and Mr. Milton appeared for Davies. The case for the prosecution was that between two and three o'clock on the morning in question the two keepers heard shooting in the larch cover of the Old Park. They searched round about, but failed to discover anyone Eventually, however, a shot was tired within a short distance of where the keepers concealed themselves, and they then observed the two prisoners standing in the drive, about forty )ards away. The two men came up to within twelve yards of the keepers, each carrying a gun in his hand. It was moonlight at the time, and as soon as the prisoners espied the keepers they pointed their guns towards them, exclaiming, "Stand back, or we will shoot the first -- that comes to us.," White thereupon loosed a muzzled dog (a mastiff) at them; one of the poachers fired twice at it, first disabling, and afterwards killing the animal. The prisoners then turned and ran into the covers. The keepers followed them, when Davies called out, " Let the -- have the other barrel." Finding themselves at bay the two prisoners turned round and made an attack upon the keepers. Davis first struck White with the butt end of is gun. The two "closed" together. and they fell to the ground, a sharp struggle of several minutes' duration following. While down White was repeatedly struck about the head, face, and body by Davies with the gun. It was some time before he conld get up or recover himself ; meanwhile King had attacked Box, whom he was beating with a stake which he had taken horn the keeper. White was advancing towards Box, when Davies dealt him a severe blow with the gun on the back of the head ; at the same time King came up, and gave him three other sharp blows with the stake on the side of the knee while on the ground. White was so badly injured as to render surgical treatment necessary for some days afterward. Prisoners were apprehended in the course of the seine day, and upon their boots being compared with the footprints in the cover, they were found to correspond. The defence raised on behalf of both prisoners was that of mistaken identity, Mr. Milton insisting that the charge had been •' got up" against the men with a view to secure a eonviction.—The hearing of the case occupied several hours, and in the end the jury (after retiring to consider their verdict, having been ah=ent from Court nearly three-quarters of an hour), returned into Court, when the Foreman announced that they could not agree.—ln answer to the Recorder, the Foreman said he feared there was no chance of their doing so, and added that the point upon which they disagreed was that of identification by the keepers when in the wood.— The Recorder again read the evidence of the two keepers, also that of the police, and said the only question the jury had to answer was, where the prisoners the two rnen who actually assaulted the keepers! They wet() not trying a mere ewe of poaching.—The jury, after vainly conferring together for several minutes, again retired, and coining into Court after ten minutes' absence returned a verdict of guilty.—Upon a technical objection raised by Mr. Stebbins, that there was no evidence showing that either of the gamekeepers had expressed or implied authority to act for Lord Warwick in the capacity of gamekeepers, the Recorder reserved jiii,,ment until the next Sessions, pending an appeal on the point to a higher Court. Bail was granted, the prisoners in £5O, and two sureties of £25 each. The Recorder added that he quite concurred with the verdict of the jury upon the evidence. The Court rose at 6.45 p.m.  1