The Sun. — 1844-12-09 (London, England)

NORTHERN CIRCUIT.—York, Dec. 6. (Before Mr. Justice COLERIDGE ) John APCann was to-day put upon his trial, charged with the wilful murder of Benjamin Gott. Another count in the indictment charged him with manslaughter. This case must be even yet fresh in the recollection of our readers, as it created at the time of its occurrence considerable excitement. Five other persons, named Rogan, O'Brien, Donovan, Quin, and Power, who had been concerned in the matter, were tried at the last assizes, and were convicted of manslaughter.; but in consequence of some legal objections being raised to the form of the indictment, judgment was respited, and these persons are still in custody. Westin at that period was not apprehended. Mr. Bliss and Mr. Overend were for the prosecution, and the prisoner was defended by Mr. Wilkins. The facts of the case were briefly narrated by Mr. Bliss, and were as follows :—Ou Whit-Monday last, the 27th of May, there had been a procession of Orange lodges. On that occasion two bands were engaged, one of which was called, the Idle and Calverley band, and of that hand GotC(the deceased) was a musician. As they Isere passing-through the town of Bradford, the band playing certain tunes, and amongst others " the Boyne Water," which gave great dissatisfaction to the Irish population of the neighbourhood, who fancied also that a still more offensive tune, called "Croppies, lie down," had been played. When the procession was over, and the musicians were returning home in a straggling manner, a number. of 'lrishmen were seen coming behind them, having sticks and other weapons in their hands, and making.use of threatening. language. The Irishmen commenced an attack, and the first thing they did was to knock down the man who who was playing the drum. They then fell on Gott, and from the violence that was employed his death resulted. On a postmortem examination the deceased's skull was found to have been most severely fractured, and death was attributed to that cause. Amongst the people in the crowd was the prisoner, and he took an active part in the proceedings. Thomas Thornton, the first witness, was undergoing" examination, when Mr. WILKINS said, he thought it would be idle for him to attempt to combat the minor charge against the prisoner. He had read the depositions over twenty times, and he found no means of resisting it. He would. therefore, with his Lordship's permission, wish to plead guilty to the charge of manslaughtei. Mr. Justice COLERIDGE briefly addressed the jury, informing them of the circumstances alluded to in the commencement of this report, and recommending them to find the prisoner guilty of manslaughter. The jury, without hesitation, pronounced tke prisoner Guilty of Manslaughter, and sentence was deferred till the opinion of the fifteen judges could be had upon the legal objections before referred to. . . John Critchlow and William Bolton were next placed at the bar, charged with having on the 25th of August last, at Sheffield, feloniously and unlawfully attempted to destroy a certain steam-engine, by the explosion of a large quantity of gunpowder, the property of John Wilson, Thomas Dunn, William Jeffcock, and George. Hounsfield. This case would have been tried yesterday, but Mr. Grainger, on behalf of the prisoners, then objected to tits whole of the jury. A fresh jury was this morning ernpannelled for the trial of the prisoners. Mr. Wilkins, Mr. Overend, and Mr. Smith were for the prosecution; and Mr. Grainger was for the defence. . The prosecutors in this case were some of the largest coal-pit owners in the neighbourhood of Sheffield. In the month of May last there was a general "turn-out" of the colliers in that part of England, and the prosecutors' pits had been unworked from May until the dale of this occurrence, in August. Towards the end of August there were symptoms of returning good sense on the part of the men, and on the 26th it was determined that some of them at least should return to their work. At the mouth of the pit there was, as is frequently the case, a steam-engine, worked for the purpose of hauling up the coal, as well as of letting persons in and out of the pit as occasion might require. This was the engine