The Sun. — 1850-07-18 (London, England)

CRESSWELL.) George Tollerton, Nathaniel Scholey, Robert Farrar, and William Jaques, were charged with the wilful murder of John Dawson, at Otley, in the West Riding, on the 21st of April last. .Theta were other indictments against the prisoners, charging them with feloniously cutting and wounding Mary Kershaw, Robert Dawson, William Barret, Mary Dickenson, Fanny Kershaw, and William Brumpitr, with intent to do them, and each of them, some grievous bodily harm. Mr. Hall, Mr. Pickering, and Mr. Hardy, were for the prosecution; Mr. Sergeant Wilkins and Mr. Boothby defended Tollerton, Farrar, and Jaques; Mr. Overead defended Scholey. The Learned COUNSEL for the prosecution stated that the deceased John Dawson was a young man who lived with his father, at No. 15, Piper•lane, Otley, and that the prisoners wei e excavators, lodging' at Burley Wood. Two of the prisoners were very athletic men. On the night of Saturday, the 20th April, all the prisoners bad been drinking together, at a public-house called the Red Lion, in Otley. They left it about midnight, and soon afterwards some windows were smashed in Westgate. A man named Thorne and a wail named Ives met the prisoners. Ives asked the prisoners to pay for the windows that were broken. The prisoner Tollerton clenched his fist, and replied that he would pay him that way. Ives thereupon struck Tollerton a blow with a stick, which knocked him down, and he ran off. The prisoners chased Ives, but not overtaking him, they returned, and began smashing windows in Piper-lane. A dreadful scene of confusion took place here. Robert Dawson, a brother of the deceased, among others, interfered. He was violently treated, and his wife and some other women came into the street. The prisoners now began to use knives. They wounded Robert Dawson, several women, the constable, and others. Robert Dawson's wife here ran screaming down the street, calling for help, and soon afterwards the deceased, who was roused from sleep, was seen in his shirt and trowsers rushing down to the assistance of his brother. The deceased was unarmed. According to the evidence of Ann Thompson he was met by two men, was immediately struck, and in a minute afterwards received another blow. He jumped from the ground, screamed, ran a few yards, and fell dead at the step of his father's door. While the man was lying dead the prisoners attempted to burst into his father's house, and threw stones at the windows. Their language was of the most violent and deadly character. They attempted to cut the throat of one man who expostulated with them; they carried knives, and frequently declared that it was their intention to kill all who opposed them. A bloody knife was found on Scholey. The Learned Counsel said that the jury were to consider whether the prisoners at the bar, having a common purpose, smarting under the provocation of the man Ives, suddenly gave vent to their anger; or, on the other hand, whether the prisoners went out that night with a set purpose to pick a quarrel, or to smash windows and resist all comers; for, in the latter case, he submitted that they were guilty of the crime of murder. A great many witnesses were called for the prosecution, who deposed to the foregoing facts. A surgeon proved that the deceased died from the loss of blood occasioned by a wound; it seemed to have been produced by a knife, which had divided; the femoral artery half way, about two inches below the groin. The surgeon also proved that some of the prisoners had cuts and wounds upon their shoulders. Mr. Sergeant WILKINS addressed the jury on behalf •of Tollerton, Farrar, and' ssques, contending that the desperate conduct of the prisoners was all done in the heat of blood, without any pre-existing malice, aad that it was in a great measure owing to the unfortunate pro• vocation given by Ives, who drew the first blood. He confidently appealed to the jury to acquit his clients of .he crimp of murder, and to bring in a verdict of manslaughter only. Mr. OVEREND addressed the jury for Scholey. Mr. Justice CRESSWELL summed up the evidence elaborately, pointing out the legal distinctions between mutder and manslaughter; and the jury returned a verdict of Guilty of manslaughter. His LORDSHIP at once sentenced Tollerton to tram, portation for fifteen years, and the other three prisoners to transportation for life.