The Daily Times. — 1860-08-16 (Liverpool, Merseyside, England)

MURDER' AT OLDHAM. James APlntyre. 34, and Michael Britt, 27, were charged upon the coroner's warrant with having caused the death of Richard Richards on the 27th of June last. Dr. Wheeler, Q.C., with whom was Mr. Fearnly, ap. peareci forthe prosecutor, and Mr. Higgins defended the prisoners, In this ease the two prisoners were described as brickinakers, and the deceased as a nav vie engaged on dome railway works near Oldham. From the evidence of a lad named Kelshaw, it appeared that on the morning of the occurrence the witness and the two prisoners were engaged in Mr. Gill's brick-yard, near Oldham, and that about noon they went to a public-house called the "mare and foal," where they had some drink. Shortly after the deceased was called in by the prisoner M'lntyre to have a glass of ale, which he accepted, and it was handed to him by a person named Gallagher. The deceased was in the act of drinking it, when M,lns tvre snatched it Out of his hand; and he was knocked down by APlntyre. Britt then kicked him in the head and face, as he was on the floor, and exclaimed, ." I'll have your bloody life," when a person said, " no, he ; don't do that, that will do another. day." The deceased then crept upon his hands and knees to the door, and was assisted by a female (Ellen Williams) to the surgeon ; and as they were going away from the tap room door, the floor of which was covered with blood, she heard the prisoner Britt say, " I will wash my hands in an Englishman's blood," and stooped down and rubbed ,his bands in the blood which had flowed from the deceased. The deceased was conveyed to a surgeon's, Who dressed his wounds—seven kicks upon the forehead --and after lingering until the 10th of July, when he died from lockjaw, arising from the injuries sustained from the kicks on his head. The two principal witnesses as to the identification of the two prisoners as the parties who had inflicted the injuries upon the deceased, in cross-examination, admitted that when before the magistrates, he (Kelshaw) had previously said that be did not know who it was that had assaulted the deceased, but alleged that he had said so because he had been requested to do so by some friends of the prisoners, and Ellen Williams admitted that she had sworn it was two other persons (Howard and Gallagher) who had assaulted the deceased; and, as such, although she now believed it was the prisoners, she did not like to be too sure, as she might make another mistake. The medical evidence proved that the deceased died on the 10th of July,' of lockjaw, which was caused from the injuries he had received on the head, from the kicks and the bruises. For the defence, it was contended that there was not sufficient evidence to prove that the -prisoners were the parties who had inflicted the injuries, as the lad (Kelshaw) could not be relied upon, having already purj used himself; and, therefore, if there was any doubt the prisoners should have the benefit of the doubt. His lordship, having minutely summed up the evidence, the jury retired, and after a consultation of about threequarters of an hour, returned a verdict of acquittal.