The Sun. — 1854-07-31 (London, England)

ASSIZE INTELLIGENCE.  MIDLAND CIRCUIT.--DERBY, JULY 29. (Before Mr. Justice Maule.) THE FATAL POACHING AFFRAY IN DERBYSHIRE,  John Turner, labourer, 38 ; James Walton, weaver, 40 ; W. Dswson, weaver, 40 ; W. Taylor, weaver, 50 ; B. Milner, labourer, 33, T. Wilson, joiner, 36, and T. Dodds, labourer, 28, were charged with the wilful murder of W. L. G. Bagshawe, on the night of the 19th of July, 1854, at the parish of Tideswell. The prisoners were charged upon a second indictment with a violent assault upon Samuel Slack. Mr. Macaulay and Mr. Boden appeared for the prosecution ; prisoners were defended by Mr. Sergeant Miller and Mr. Bell.  The court was densely crowded to hear the above trial, which occupied the court from nine in the morning until half-past eight in the evening. After the hearing for the prosecution, Mr. Serjeant Miller, for the prisoners, said that before the jury could convict any of the prisoners they must be satisfied that the offence of murder was actually committed. Toey had heard legal objections to Mr. Bagshawe's right to be there, and the present case being a peculiar one it was called a legally constructed murder. It would be for the jury then to say if in point of law murder had been committed, and if so, by whom S It was perfectly true that if the prisoners went out together, agreeing violently to resist their lawful apprehension, and if, in carrying out their purpose, they resorted to violence, the party inflicting fatal injuries were guilty of murder, hut the facts elicited in this case were far otherwise ; there was no proof of murder, there was none that the prisoners had acted in concert. Supposing that all the prisoners were there in the night time, were the jury satisfied that, i❑ going out to spear a fish, they went prepared to resist to the death any attempt to apprehend them ? Was there any proof of this being the fact ? Did it not, on the contrary, appear that no intimation whatever having been given to the poachers who it was that had come to prevent them carrying out their designs, and no attempt made to take them into custody, except after a violent attack, that there bad been a desire on the part of Mr. Bagshawe and his friends to thrash them upon the place rather than seek to punish them by the law ? The learned counsel then went through the portion of the evidence referring to the conflict, arguing that it went to show that Mr. Bagshaw's party were the first to begin the attack, and that the shots said to be fired were directed only against the bull-dog which had been let loose upon the men in the river.  Mr. Justice Maule having summed up, after a quarter of an hour's consultation the jury returned a verdict of not guilty against each prisoner on the charge of murder.  Mr. Macaulay, Q.C., then said there was another charge against the prisoners for feloniously assaulting Samuel Slack. In consequence of Slack being too ill, from the severity of his wounds, again to give evidence, he applied for this trial to be postponed until the next assizes, Milner being detained in custody, and the other six liberated on entering into their recognizsnces to appear when called upon. His lordship could not accede to the request, and no evidence being offered upon the second indictment, a verdict of acquittal was also returned upon that.