Runcorn and Widnes Examiner. — 1872-08-17 (Runcorn, Cheshire, England)

THE WARRINGTON KICKING CASE.  SENTENCE OF FIVE YE&RS PENAL SERVITUDE.  At the Liverpool aasires on Wednesday, before Mr. Justice Willea, two brothers, named John Loftus (29), and Jain. L,ftus (30), labourers, were indicted fur the wilful murder of Owen Kelly, at Warriugtou, on the Lith April last. Mr. Addison prosecuted, and the prisoners were defended by Mr. Hawthorne. A third man, ir.med Thomas Currie, was ale,, sent for trial on the capital charge, but he committed 'suicide by hanging himself in his cell in Kiikdale gaol, on the 27th ultimo. From the case for the prosecution it appeared that the deceased, who w. an Inahman, worked as a labourer in Warrington. The prisoners, who were alec kishmeu, were acquaintances of his, and one of them (James Loft.) was said to have some grudge &pallet the deceased. On the afternoon of the 15th April last, between three and four o'clock, the deceased was sitting the edge of the pavement in Buttermarket-street, Warrington, when the prisoners and the MA Currie came up and began attacking him with • their fists. He stood up to defend himself, and the three men still coutiuued the attack. The street was undergoing repairs at the time, and the roadway wa therefore two or three feet below the parapet. The deceased, who was standing in the roadway, endeavoured to get on to the parapet upon which the prisoners were standing, when John Loft., who was weating heavy clogs, gave him a severe kick in the stomach. James Loftus then struck the deceased with his fists, and John immediately zifterwards gave the unfortunate marl another kick with his char in the throat. Conte wail about to uec further violence to the deceased, but a man who was passing inteifered, and the deceased then said "You are too late, lam done for." The deeeased staggered up a passage, where he was found shortly afterwards in an insensible state. He was ta.ken to the workhouse hoeuital, and on examination by a doctor It was found that the kick in the throat had ruptured the cartilage of the u.k, and that the stomach was &leo much injured. The deceased died ou the 17th of April. It was stated that at the time at the occurrence all the parties were under the influence of drink. When arrested, Janie. Loftus said hat the dec,ased "bad it in for him" for a I,ng time, and the deceased in his depositions said that Janie. Loftus had a grudge against him. At first the prisouere were charged with In. Meting veer°ne bodily harm, and when ilifornied that the deceaeed was dying, the plisouer John Loftus said —"let him die. Many a better mandate.'" He subsequently said to the police sergeant,—" If he is not dead, let rue out, and I will kill him." After hearing the evidence for the prose.ution, his Lordship said he did not think that a couvictiou for murder could satisfactorily take place, and therefore it would be better to try the case as one of manslaughter. This course was agreed upon.—Mr. Hawthorne, in addressing the jury, stated that the deoeased was the first to interfere will the prieoner, and while he (Mr. Hawthorne) could not resist a verdiet of manslaughter agaiust Joh. Loftus, he submitted that the other prison,or tad not used any violence to the deceased.—No wituesses were hailed for the defence.—lite Loidship, in Bumming up, said that what led him tube of opinion that a conviction for murder could not satisfactorily take place was the fact that the attack was a sudden one, and that there was an ab.uoe of evidence showing that the pruhmers either lay in wait for the ...rid or had any premeditated notion of injuring hitu.—John Loftus was convicted of maualaughter, and James Loftus was acquitied.—His Lordship, in p.sing maim., said he did not remember IQ many Cases cii kicking in this district before as there writ, at the present awes., and he Was afraid that unless the pract.e was put down it would bring some people to the gallowc—Me thee reotosced the prisoner to Are yew' peal eflyitstle.