The Sun. — 1862-02-27 (London, England)

CROWN COURT. (Before Mr. Justice Willes.) Robert Robinson, blacksmith, 50 ; William Robinson, blacksmith, 22 ; and Hugh Earl, blacksmith, 40, were placed at the bar upon the charge of the wilful murder of Edward Atkinson, water-washer, on the 14th of January last, at Brocklewath. Mr. Overend, Q.C., and Mr. Maule appeared for the prosecution ; Mr. Campbell Foster and Mr. W. C. Gully for the prisoners. It appeared from the opening statement of the learned counsel for the prosecution and from the evidence of the witnesses called that the prisoners were engaged in catching salmon (poaching), and that the person called Edward Atkinson was attempting to apprehend them for what they were doing. By an Act of Parliament passed last year (the 24th and 25th of Victoria, cap. 961 there was a provision that if any person should • attempt to take fish in any private property in which any person had a right of fishery it was an illegal act ; and the Act further provides that if any person was so found doing any person had a right to apprehend him and take him into custody. The learned counsel said that these three men were en• gaged in attempting to take fish at a spot which was the private property of a person who has a right of fishery ; and that the person who was killed was lawfully going there to take them into custody, and at the time he was attempting to apprehend them he was killed by them, which by the law was wilful marder on their part. It appeared that the Earl of Carlisle is Lord of the Manor of Cumwhitton, and has there the manor and the fishery in the river Eden at a place called Brocklewath, and it appeared that this Brocklewath is a place to which salmon resort very much to spawn. On the 13th of January the deceased, Atkinson, who had been a watcher for a long time, with another watcher called Bowman, a policeman named Cowman, and a labourer named Irwin, went in the direction of Brocklewath for the purpose of watching during the night. They arrived at Brocklewath about one o'clock in the morning. There is a little island in the river there; and their object being to conceal themselves, Atkinson took off his stockings and carried first one and then another across the small stream which separated it from the river bank. They concealed themselves among the willows till between six and half-past six in the morning, when they heard a dog bark in the direction of a house occupied by a farmer named James Milburn, which is situated about 50 yards from the river side. Waiting for a short time they heard footsteps in the main stream, and presently they saw a man in the river, evidently fishiNg. They kept quint, and presently he came nearer to them, and went on fishing by the side of the island. The men went side by side with him for some 20 yards, and then, for some reason or another he sud• denly gave a whistle. Immediately on his doing so the deceased, Atkinson, jumped into the water and seized him, and then called to Bowman, "Come in, Bob, and help me." roundwith a pc Accordingly Bowman went in, and Atkinson said, "Put the twitch on him." A twitch is a small \hhandleich of pu wood,t it' v more effectually. the eieare of string arm and ding securesattace hadperson to Accordingly Bowman and he were engaged in putting the twitch on when the man said " Thereis todothat Ithat will go quietly." Cowimnsolaann occasion h wase t told by Atkinson he need not come into the water; and while he was going along the hought he heard, a little noise of some persons a ward and Met two personsPl)rQ with sticks hing. l He wienn t theirfor hands and with arms upliftedon a ct coltnlima t a h reba tree; iczio ar tt thi tude. Cowman said, e peace, lam a police °tith er." However, instead of desisting, the smaller of the two, who would be identified as the younger Robinson, struck him the OhOtilder,on and after that th 9 other struck him a