The Sun. — 1864-12-19 (London, England)

ASSIZE INTELLIGENCE.  *WESTERN CIRCUIT.--TAINTox, Dec. 17.  (Before Mr Baron Bramwell.) William Burston and William Wright were indicted for being in enclosed ground in the night armed for the pur. pose of killing ganac, and els, with assaulting Thos. Martin to resist their apprehension, on the lt3th of December. Mr Edlin prosecuted ; and Mr Frideaux defended 'Burston,  It appeared that Mr Sandford's keepers, Martin, Stone, and Allen, Were out on the watch, and hearing the report of guns they went in that direction, and came up with the two prisoners in a lane. ,Wright said to Martin, " Well, Thomas ; what, do you want us ?" Marthi paid, "Ires ; i've been looking for you long cno4h." Wright then took a bludgeon from his pocket anti struck Martin with it. Thetwo prisoners then ran away, Martin followed. them and overtook them. The prisoners then took bludgeons from their pockets and gave.Martin.repeated blows and cut his ear. There were feathers shout the spot where the prisoners were first seen. After the attack upon Martin the prisoners again ran away, but were apprehended the next morning. Mr Prideaux submitted that the counts charging an intent to prevent the apprehension of the prisoners could not ba sustained. To justify thb atrest the prisoners must have been found in the plantation 9r on the land, but _there was no"evidence to show this.  The learned Judge held the objection to be good, and that the case must be limited to the charge of wounding with intent to do grievous bodily harm. Mr Prideaus then addressed the jury on behalf of Burston, contending that there was not sufficient evidence of identity.  The Judge having summed up, The jury found the .prisoners guilty of wounding with intent to do grievous bodily harm. imailktertftrigemettif-thry-had - pthtellertaPlltnrirtiffertlityr would have had but a slight punishment. Instead of fighting Rat to fist they had injured this man so that they were nearly standing there for h.s murder. They must be kept in penal servitude for five years. Robert Burge was indicted for maliciously placing a piece of wood on the West Somerset Railway at Bishop's Lydiardt with intent to obstruct an engine and carriage using the railway. and endangering the lives and safety of the pasgers. on the 17th Ootober. , Mr Edlin prosecuted, and Mr Prideaux defended .the prisoner.  The facts of the case appeared to be these. The driver of an engine travelling on the line between Taunton and Watchet on the night of Oct. 17, on the up journey, travelled along without finding any obstruction; but on his return journey some short time afterwards he found the lifeguard of the engine strike against something. On his arrival at the next; station he examined the lifeguard, and he saw marks en it as of white paint, and he gave information to the authorities. Search was then made, and it was found that a gradient post had been removed, and had beeii placed on the rails. The question then arose as to the person who had committed this diabolical'act. Close to the spot where the gradient post had originally been placed there was a foot• mark of a boot of a most remarkable kind. Suspicion arose and the prisoner the next morning was apprehended ; his boot was taken off, and it corresponded completely with the footmark found near the gradient post. The prisoner was then asked many questions as to where he had been on the previous evening, and in the course of conversation he several times altered his story. It appeared that the prisoner on his way home from the place where he had been would have to pass along the line. Mr Prideaux made a most zealous address on behalf of the prisoner.  The learned Judge, in summing up, referred very much to the footmarks.  The jury found the prisoner guilty. Mr. Baron Bramwell then sentenced the prisoner, saying that he could have had no object but a mischievous propensity—nothing could be worse than what he had done, it was even worse than firing a gun among a crowd. It was necessary to strike terror into the minds of a mischievous people, and with that view he should sentence the prisoner to be kept in penal servitude for five years.