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"WARWICKSHIRE LENT ASSIZES

CROWN COURT. THURSDAY, April 9^th  [i],

Mr Justice Burrough entered the court at nine o'clock

THE POACHERS AT NEWHAM PADDOX

            Thomas Ensor, Thomas Perkins, Thomas Clewes, Joseph[ii] Gilbert, William Liggins, Richard Rally, James Parker, William Strong, John Strong, Daniel Hilton, David Poultney, James Bird, John Earps, William Smith, John Neal, William Whithall[iii] and Jonathan Whithall, were indicted. Thomas Ensor for wilfully and maliciously shooting at John Slinn on 20th December Inst. In the Lordship of Combe[iv] Fields, with intent to kill him, and the others for aiding and abetting the said Thomas Ensor in unlawfully shooting at the said John Slinn. The Indictment contained several counts. --- They all pleaded Not Guilty.

            Mr Clinton opened the proceedings; the Common Sergeant stated the facts of the case to the Jury.

            John Slinn, a remarkably stout athletic man, more than 6 feet in height, said that he was the principal game-keeper of the Earl of Denbigh[v] of Newham Paddox[vi] in the parish of Monk's Kirby, in this county, he was called up between one and two in the morning of the 20^th of December and he went with 4 or 5 others to the shrubbery near to Lord Denbigh's house, where they heard some firing. When they got within 40 yards of the shrubbery they saw a great number of people coming down the paddock: the poachers came towards them through the gate and called out "D--n his eyes, here comes that long -----, shoot him". They retreated to the stable yard for assistance, and the poachers followed them throwing stones. Lord Denbigh was looking out of the window. Witness went into the hall and there met his Lordship. The alarm bell was rang. Witness heard a shot fired close to the house, and he sent for assistance to Monk's Kirby[vii]. The assistants and the new men from the stable made 14 or 15 persons, and they went in pursuit of the poachers. They pursued them for two miles and a half, and came up with them in the second close within the liberty of Combe Fields[viii]. It was a light night. The poachers ran through the gate when they turned and several of them presented their guns at them, resting them on top of the gate. They said "D--n your eyes you ------, come on, we are ready for you". They called out "That's the long ----- shoot him". Witness called out "Lay down your guns, and come into the field and fight like men" Witness had a gun, but all the rest of the party were armed with sticks. The poachers then came through the gate with their guns and 7 or 8 of witness's party ran away; on seeing this he said to the rest "My lads we must retreat to the sheep-pens it won't do" and they ran back to the pens on the other side of the field, all got over the hedge, except Humphries and Whitmore who were caught by the poachers. Witness immediately heard Whitmore cry out "O Lord don't murder me". He also heard the sound of blows, when he said to his party "Now my lads, death of glory" jumped over the hedge, and set upon the poachers who were beating Whitmore on the ground. Two guns were then fired at him as quick as one shot could follow another. Witness fell senseless; one of the shots grazed the skin near the groin and the charge from the other entered his belly, somewhat higher. When he came to himself several of the poachers were standing five or six yards from him. They had three dogs muzzled, one was shot dead. Witness did not use his gun or point it at any body. He was confined to his bed ten days, and to his room a fortnight afterwards, and he was not well now. Seventeen shots were extracted. The dogs were half bred blood-hounds; He though it was time to interfere when his man was going to be murdered.

            JUDGE -- You ought all of you to have carried guns for your own protection. If you had done so, it would have prevented all this mischief.

            Thomas Petty and accomplice stated that he was asked to go by Liggins to catch some birds. He went with them to Lord Denbigh's about ten miles from Foleshill[ix], from whence they set out. All the prisoners, and some others were of the party. There were twenty-eight in all. They set out at ten o'clock, and arrived at Lord Denbigh's about twelve o'clock; Perkins, Ensor, John Strong and some others, had guns and the rest were armed with sticks. Liggins armed himself with a cutting knife from a hay-rick as they went along. They shot several pheasants in the wood, which were afterwards divided amongst them. A large dog with a white ring round his neck came up to them in the wood, when they all said the keepers were coming. Perkins said, if they won't take us, let us take them. He then described, nearly in the same way Slinn had done, what took place, till the keepers overtook them in the field. He struck one of the keepers with his fist when he was down, and crying for mercy. One of the keepers came over the hedge, and Thomas Ensor shot him; he was but a few yards off him. Rally said they had done him. Thomas Ensor shot the dog before he shot the keeper. They then went home; before they separated Rally and another said, if any one told, they would make them so that he would not tell any thing else. Ensor said he believed he had shot the keeper dead.  Liggins in striking at a dog with a cutting knife, cut Perkins hand. Rally had a thrashing flail; he was the only person who knew the road, and was their guide. One of them broke Clewes's gun by striking one of the keepers on the back. He was sure Ensor shot the dog and the keeper. Some of the poachers ran away, and the others said if they did not return they would shoot them. Many of the prisoners asked Ensor how he came to shoot?

            John Arthursuch another accomplice, disposed nearly to the same effect as the last witness. When Slinn came over the hedge, Ensor pointed his gun and shot him; he was about ten or twelve yards of him. Perkins said if any of them were taken up they must not split. He knew all the prisoners.

            William Cyrer, Richard Whitmore, Walter Humphreys, John Palmer and Thomas Wilson, assistants to the head keeper, disposed to many acts confirmatory to the former evidence.

            John Horton, of Foleshill, sold Perkins some powder and shot, when Ensor was in company --- Thomas Bell lent [two lines fall across page break, but looks like: Ensor a gun and ………] but all the prisoners were implicated in the unfortunate transaction.

            Mr S. Bucknill attended Slinn. The lower wound was only a graze. The upper one appeared to have been made by a full charge. The wound was about three or four inches round; he extracted many shot from it. When he found that the shot had not penetrated inwardly, he did not think it dangerous.

            Perkins, Bird, Poulteney, and Earps, were apprehended in London.

            Twenty witnesses were examined to character; and all the Prisoners were spoken of, up to the time of their apprehension of this crime.

            Mr Adams, Mr Hill, and Mr Penington took exceptions to the indictment in favour of the Prisoners; and Mr Denman and Mr Clinton replied.

            The judge over-ruled the objections. And after explaining to the jury the nature of the indictment, and the law of the case, as is applied to the crimes with which the Prisoners stood charged, the jury turned to deliberate upon their verdict.

            The jury, after a short consultation, returned the following verdict; --- Thomas Ensor, Guilty of shooting John Slinn, with intent to murder him; and all the other Prisoners Guilty of aiding and abetting him in committing that felony; and they recommended the Prisoners to the merciful consideration of the Court, in consequence of their youth, and the good characters they had received. His Lordship said that he would attend to their recommendation.

            The Learned Judge told the prisoners he believed he could hold out to them a hope that their lives would be saved. But such proceedings must be put a stop to; and if the lenity that would be shown to them had not the desired effect, some severe examples must be made to prevent such daring outrages.

            The Prisoners were all of them young men, some of them being not more than 17 and 18 years of age.

            The trial lasted nine hours.

            On Friday morning, after a most solemn and humane admonition from the Learned Judge, Judgement of Death was recorded against all the Prisoners. And his Lordship said to Ensor, if he behaved himself well in prison, he should report his case favourably to His Majesty; but if not, the full effect of the law upon him would certainly be carried into full effect."

~~~~

Transcription Notes

Transcribed by Richard Carlaw on 30 June 2004, from: paper copy posted to me by W.J. Jackson, NZ, on 21 June 2004, from: Fax from Hidcote Landscapes (Linda Green), Australia, dd 19/04/2001, from: Unknown.

In transcribing, some minor grammatical and spelling corrections were made where these did not affect the content or meaning of the text. Place and person name spellings were left "as is", as were some of the quirky sentence structure and use of punctuation. Research notes, below, added by Richard Carlaw

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