Stockton Herald, South Durham and Cleveland Advertiser. — 1872-11-30 (Stockton-on-Tees, Cleveland, England)

SHOOTING WITH INTENT, &-0.--John Julyan, gamekeeper to Mr J. T. Wharton, of Skelton Castle, charged Horder Little with shooting at him with intent to murder him in Kilton Wood, on the 21st November. Mr Buchanan prosecuted, and Mr Fawcett defended the prisoner. The case was laid under the Night Poaching Act, which rendered any person liable to seven years transportation when found upon laud after nightfall with a gun or other offensive weapon in his possession. John Julyan, the prosecutor, was the first witness. He said that between twelve and one o'clock in the morning of the 21st inst., when out watching in Skelton Wood, he saw the defendant and another man upon a shooting track. He watched them tor some time, and at length went to the end of the track to wait for the prisoner. He and his companion came out, and seeing witness approaching they began to make haste away; but finding that he was in pursuit, and within three or four yards of them, Little turned round, presented his gun, and said, " Stand back, or you shall have it." Witness replied, " Keep yourself quiet a little, for I mean having you." Prisoner aimed the gun as clearly at him as it possibly could be. He fired the shot, which passed close to witness' right leg, but did not touch his clothes. It ploughed the ground up just behind where he was standing, and seemed to be an ordinary charge. Prisoner sprang back again and presented his gun a second time, calling out, "Stand back!" It was a double-barrelled pm, and witness sprang forward. Prisoner did not fire again, but suddenly turned round and ran a distance of eighty yards into the cover, closely followed by witness, who did not secure him; bat having known the prisoner for three years, with the sound of his voice, was positive that the prisoner was the same man.—By Mr Fawcett: This occurred in al4 acre plantation. Did not recognise Little when first be saw him at a distance of 40 yards. The men bad not dogs, but saw one gnu in the moonlight. Prisoner aimed the gun at his body, but shot at witness's legs. Would not swear that the prisoner did not fire at the dog which was walking on his right side. It was a big brindled dog. —John Smith, game watcher, gave corroborative evidence, the only material point elicited from him being that the dog was very angry, and it would not have been very pleasant for the prisoner if he had got bold of him.—Sergeant Newbiggin said that he apprehended prisoner on the evening of Friday, the 22nd instant, in his brother's house at Stanghow, concealed under a flock bed, on the sacking of a bedstead.—When lodged in Skelton lock-up, and charged, he replied," Well, I did not fire at Julian' intending to kill him. I only fired at the dog. I am very sorry, but it can't be helped now."—ln defence, Mr Fawcett argued eloquently and logically that the very circumstances of the case as elicited from the prosecutor and his witnesses, showed that he aimed only at the dog. After consultation, the bench found that prisoner had been poaching by night, awl that by presenting the loaded gun, he thereby assaulted the keeper, and must be committed for trial at the next sessions. Bail would be accepted, himself in £5O, and two sureties in £25 each.