The Sun. — 1858-12-13 (London, England)

CROWN COURT. (Before Mr. Justice Hill.) William Procter, William East, and Jane East were indicted for an assault and robbery of James Mackay at Preston on the 30th of September last. Mr. Assheton Crosse prosecuted, and Mr. Higgin defended the prisoner. From the statement of the learned counsel, it appeared that the prosecutor, a private in the 22d Regiment, stationed at Preston, was in company with a fellow-soldier named Wilson at a public-house in Preston upon the night in question, and while there the two soldiers were joined by a woman named Ashworth, and after paying for some ale Mackay counted his money, which he put carefully into his pocket. At this time the three prisoners were also in the house, and observed what Mackay was doing. The two soldiers and the woman left the house, and after calling at another public-house were proceeding along the street when they were met by the three prisoners, one of whom, East, immediately rushed at Mackay, knocked him down, and kicked him violently, and while down the other prisoner, Procter, fell upon him, unbuckled his belt and tearing away his jacket and shoulder strap, took from his waistcoat pocket 255. The prisoners then ran away. These facts were mainly attested by various witnesses, some of whom, however, gave rather a different account of the- transaction. His Lordship hereupon interposed, and asked the jury if they were satisfied upon the case which had been presented to them, upon which all of the  jurymen, with one exception, stated that they were not. In consequence of which Mr. Higgin addressed the jury for the prisoners —who were all acquitted. His Lordship then said he should direct the prisoners to be indicted for an assault. Richard Griffin and James Griffin were indicted for feloniously cutting and wounding Thomas Welsby, at Ditton, on the 3d Oct. last. Mr. Assheton Cross and Mr. Scott prosecuted, and Mr. J. Fernley defended, the prisoners. The prosecutor and his uncle had been spending the Sunday evening at a beerhouse, but left sober. 'They had proceeded some distance towards home when, they met a man with a white slop on. He was the prisoner James. He said " Good night."' Thomas Welsby answered " Good night," and instantly afterwards he was knocked down, and his uncle also. Thomas tried to get away, but was pursued and again ill-used. He was eventually left near a gate, where he was afterwards found so covered with blood that he was only identified by his clothes. -William Welsby, the uncle, managed to walk to a farm, where, singularly enough, the prisoners worked as servants. Mr. Swift, the occupier, on seeing him rendered him every assistance, at the same time identifying Richard Griffin. :About 4 o'clock in the same night both the men, who slept in [the granary, were taken into custody, blood being found on various parts of their dress. A third man was also present who wore a white slop, and who has since not been found. There were two large pools of blood discovered on the road near where the encounter had taken place, and various admissions were made by the prisoners to the police constables as to their having been at a beershop that night in that immediate neighbourhood, which they had left in a state of intoxication. Upon the part of the prisoners, it was urged that no direct proof had been given as to their identity. The learned judge sum:tied up with much care and at great length, and the jury, after retiring for some time, found the prisoners guilty of unlawfully wounding. His lordship, in a very impressive address, sentenced each of the prisoners to 18 months' imprisonment with hard labour, adding that it was a fortunate circumstance the prosecutor's life was preserved, otherwise they would most assuredly have been guilty of murder.