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 - IRELAND. DUBLIN, Dbg. 11.' Jjart Led Uanrirarde...
IRELAND. DUBLIN, Dbg. 11.' Jjart Led Uanrirarde wU n" iSate Mere toth !lt,andB ur - We tbt Lord Chief IUtvb end i!r. Justice Andrew, by Mr. Atkinson, Q.a,Lord d lf kVcodJUoeal order to change the verdict for the plaintiff to ce fc the defendant, or In the alternative for a new trial, ee. the ground of the reception of Wgl evidence, BWIrrrtk by the Lord Chief Baron, that the verdict wu .Uttlibeeridence end the weight of evidence, and that U damage were exwtive. No evidence m to tbe publl - t throurh the SUwiW tu given at the time, and was a direction for the defendant on that count, and tbey submitted that there was no proof of publication 'njkrArtiM':b'IrcUnU. TV evidence given was largely documentary, and at the cloi cf tbe ca certain tvUiooi were 'submitted to the jury and enwered a Loiri - fl) Did the defendant publish In Ireland the IrttM printed in I r' of the, Mb of IVbruary f Ye, m Did the plaintiff In tho autumn of 1SS5 report and re - LBt to the defendant in effect and substance that bffnu twpttenally low price tor . ereultural pro - Xin lb said autumn of IfSS, and that the landlords tflh neighbouring and turrounding estates, Macdnse - Vat and rtwiticn thereof, were giving to tbe tenants u said Ust - raehtioned. estates abatements varying rwea 15 to 20 prrwnUonti; non - jodicul rents, and did vntcut to the defendant hi effort and to'!ubrtkne A a tirailar abatement ought to be conceded by the defend - m to hi tenants, end that a Urge collection of frnts rcU probably wait f Yc. it) Do th words complained ,rf bear the meaning that the plaintiff in the autumn nf ISSS tintJ ri reporting at mentioned in question :o. in breach of hU duty as agent, reported that there Misted (VBspirary () en the part of the tenants of all the defend Sv Mi.t ainl navmcnt of their irnt,cr(M the rart oTthe defendant' Wcodtord tenant against and ollKf member ot Tils family; end by the onele of the prtaoner Leary, the reported leader of the party, vu that the; priionert Vera at boa ob the night of the alleged ronepiracy and oa the night of the attack. Mr. Loamy, M.P., addrtated the Jury on behalf of the prleantrt. He tubmittod that It had been tnoet beontcet - ably prored that neither Toa Xeary nor Tom Unrphy wa present at tbe attack. ' '. Jane Lawlor vu railed, and ewere that on the ereniBf of the 6th of September, the night on which It we alleged the conrplraey was entered into, Tom Leary Wa at hit bouMantilatxmtO o'clock. He identified the orerooat found t the arrse of TThelehan't tnnrder at belonging to Andrew Lawlor, hit brotner. Mr. 0Shanbneay rropoaed to call teTtral fannen from C3are to prore that Cnllinan had gone about among them in Angtut and September and made propotalt to them regantlnc the ettaUUbtncnt rf a teeret tociety, and alio exhibited a rerolrerlmilar to the one found in extonV houie. The AUorney - Oescral objected, and hit Lordahlp ruled that the erktenre wa not adiniMuble. The eridenee then dMxl. Mr. Loamy ,Dr. Falconer; and Mr. Rodmond, M.P., addrcMed the jury on behalf oi the prloneri, aid Mr. Ityan, Q.C.. harine replied for the Crown Mr. J out Ice O'lirien proceeded to charge the jury, lie aaid the cite wat a Tory ordinary one, and would not hare been rained above the common lerel of inch occurrence but for the shadow cart upon it by the murder of a raluablea di.tinguiihed,and an efficient public (errant. A farmer, who bad auumed the name of Hyan, but whose rral name wa Cullinan, went to the countir of f v1 . ..! 1 ... .... M m .J J - 11. . I itn.; Tv,. , ',Z.t' " "t.. , ' i 'SJ&L rATmeit of their rents? The word "Uuty lion seeme! to putale the iury, and fcu Lninip mi ai laiiliary to question ? the following : - I)o the weed com u; rl that the plaintiff in the autumri of loS re acted to the defendant that there wa a no rent - onpiraey () on the part of XhetenanUcf all the eUtcsjor J6) .on lie part of. the tensjtiUof theW.ondford eststc, wkfcto they ance with him', substantially knew that he laid under the rioud of some heinous criminal charge. Besides using the name of liyan, he wat alto knonby the name of lleardon, and lie had led a career in which he accumulated a long and heavy record of crime. His Lordship agreed in every otacrration which had been made as to the weight the jury should attach to his evidence, and tbe duty of subjecting it to vidian I and careful scrutinv. On the other .hand, be could not withhold his asuent from the proposi nous suieu on uenau oi me t rown, mat tne persons wno engaged in the commiMion of crime were not persons of unblemished character, and in the administration of justice it wa often ncceatary to "receive information from therri, and if the jury saw reason to conclude that this man Cullinan wa received and maintained in tnis form in the house of this person under the circumstances which he stattd, the; could not found a vindication of their innocence nnoa his nrevious denraritv. He. himself, had . . i. - " J.n: 1.: fit 1 !. ' - llf anfwcrcu ' and Ulu K also moan luak uc o ruiuncu ui ; u uu uuuun wucuicr vuiiiuui cuuiu m rcgaiucu as u hrrach of hi duty a ajait, and instoad of reporting as in accomplice, because, according to his own statement, - uestion No. 3 U.r.; that tbcae were eiecptionslly low almott at the first inception of tbe crime he had played rrievs - that other Undlords were giving abatements, and i the part of an intormer, and the rule of judicial practice a a !w .Vl 4 a AAA4a.l X ..1 a I n SAin ieinii fl r - ti jwvivKi firm rt eMvimnliVM miinlr mT nri i s &a S vHO tui a av v ui wv vvu v mvvui asa. w umuuij a that a similar abatement ought to be conceded to the defendant' tenantt "y, which wa answered in the negative. Then the remsininx ouestiont ani anwer were u ii are said words a libel on the plaintiff P Yes. (5), If so iid the plaintiff in the.autumn of 175 report thine then rxt.tfag (a) that the tenants on all the defendant t Irish , estates hd entered into a no - rest conspiracy fNo. Or (V), that the tenantt on defendant's TVcodfcrd estate had ettrrtd into a, no - rent cnpiracy ? No. And (c). If not ' ssscss the damages you award to the plaintiff for the publi - j Mtion In Ireland of "the words complained of. Upon that they found 2,SO0, which, to far as be (counsel) could dit - ' eerer, wJ the largest sum ever' given ig the hhtory of ; IrtUsd inaay action for ; libel. ' Mr Justice Andrews thought that, as the .question of pcKiration. would go to 'the whole action, it was not ; neceiaryfor counsel to go fully into the other ground if hi requisition were adftjuate. The Lerd Chief Baron aaid the defendant should have a teoditiocfal uder .to enable them to discuss any and every C, - er;ioo fhat arose at the trial, so that that Court or any xher Ooirt of Appeal to which it might go would have the whole matter before them at fully at the jury and be xsseii nao. . A special meeting of the Corporation of Dublin ball on Saturday, Alderman Kcmsn, Zocum icnent for, the Lord Mtyor,. presiding, to consider the following reaolu - tiw, of which notice had been given and which wat tvd by Mr. Sefton, M.P.,the High Sheriff "Tbat this ta&eiLtaking into consideration tbmany and distinguished rcblic services of the Kight Hon. Timothy Daniel Sullivan, member - oi Parliament for the College Urecn Division, Lord Mayor of Dublin, and being desirous to signify its admiration of bis character and approval of hit public conduct as well as its emphatic condemnation of the action of the Government in causing him to be imprisoned by a gross, abuse of criminal law and procedure hereby - confer on the Eifbt Hon. Timothy Daniel Sullivan the honorary free - eon of the borough of Dublin." Mr. Sexton aaid that citizen of all opinions vied with each other' in esteeming the .kind and jnial disposition cf the Lord - and who upon the motive tbey were supposed to have of escaping tho consequences ot their guilt. That rule hardly applied in this case, because it wa certain that Cullinan wat .entirely free from any risk and consequences on account of tho information he had given to the police in order to be on the fafe tide. In a case of that kind he would inform tho jury that, in point of law, Cnllinan ought to be regarded as an accomplice.andaccordingly he advised them not to find a 'verdict on his evidence alone, without any confirmation, although it was their province and their right if they thought fit to act noon his evidence alone without any' such confirmation, and to return a verdict which would not be challenged. His Lordship referred to the evidence a to the alleged conspiracy in the quarry on the night of the 5th of September, and to the evidence which bad been given to prove an alibi, and then commenting upon the occurrence on the night of the 11th of September, he observed that four men had been taken rcdhanded in Sexton's house Let them tup - pose that Cullinan was not there at all, and they had not heard one word from him, what conclusiotLCould they come to on that additional fact in the case ? The men were t found therewith weapons in their handi.and under circum - n. 1 stances which showed that they bad come there by Taa I j . a T . :i - rrv.i f - - 1 i .1 justify the jury in finding that there was a conspiracy. ' 'Vhcther' the conspiracy wat to kill Sexton or merely to maim him, in moral and legal criminality it made no difference. In connexion with that question there was I the most important fact that on the Tuesday afterwards. ' the Cth of September, this Cullinan went to Ennis and made a communication to the police. What led the. j authorities to place the police in Sexton's bouse on the night of tho 11th ? "What was the message Cullinan gave to the late Head Constable Whelehan ? What was it but word that it was intended to attack Sexton's house The jury .should ask themselves how (&r those facta would enable them to determine the question whether, on tho. Monday night, a council was held in the quarry. It had been urged - that if the moonlighters really intended to shoot Sexton they could .have done to before xxrd Mayor, who was brsre ia every social relation 1 ,r , : firmly and consistently maintained his principles I ft1 7 tho police had time to interfere; but Sergeant once, nice a laicon, witn and th.owed throughout hit life hit inflexible devotion to iV"5 mtrepiaity cour ! : it. t.a - a i ind not All TOT, l a poiiucu mu9 inu in tue aurcuons oi inc (HelrTh:) WoJ,L sL; mIS th Tpei iJ1" " WW V nv claim tinon I r . . ... .. . . . wu an honest uovernment iiad it any claim upon tie toleration or regard of any honest man ? The Lord Mayor ws in prison for'hit derotion to a principle which the present Government' accepted his help in the professed endeavour to carry into effect two years ago. Little more than twe,yeirs ago Lord Salisbury and bis friend pledged themselves to' give up - coercion for. ever. If the Conserva tives had sncceeded in SS5 .the' Lord Mayor, instead of bang at present in prison, would prooapiy be entertaining. Lord CkTBsrvon at the Mansion - house. Even at the last elections the Conservatives went to the rolls stating they would waive coercion and they would seek to govern Ireland by reforms., The Coercion Act' was not passed properly, it wat passed by the aid of the clCture, and was xot an Act' of Parliament in reality at all. The Chief Secretary and 'his agents had confederated together to defeat the right of appeal of, Coercion Act prisoners. Mr. 0 "Don el had the .courage 1n , the case of the Lord Mayor to state that the sentence he wat forced to pronoence was illegal and the punishment unjust. Mr. O'DoneLwat at every man in his position ought to be, in a position of substantial independence of the Executive. But the Government brought the Lord Mayor to Tullamore for the purpose of defeating the 'bject of the magistrate and to torture the prisoner by depriving him of the society of his wife and family. If the Government dared to continue the course they were following they would raise a tide of public feeling in England, the like of which had not been teen for a long time. Lord Salisbury had ciinbed to f xae b v a breach of, faith, and if the present Government of Kngltnd wat tried by an international - Government they - would be found guilty of obtaining power, which wat the same at money, by false pretences. Mr Dcnnehy seconded the resolution, ne thought the members of that Council were - cnlv discharging their duty when they met denouneo theBritich Government for treating the Lord Mayor as they, had done. (Hear, hear.) Mr. Peter MDonald, M.P.. said the honour they were about to - ' confer on tbe Lord Mayor would be doubly enhanced by the fact that hit name would be side - by tide with that of Mr. Gladstone, the great Liberal leader. (Hear, hear.) Mr. Doherty.taid the imprisonment of the Lord Mayor was the greatest blow that had. been struck against the Government since they began to administer the Coercion Act. The resolution wat then put to the meeting and adopted.. " Alderman Dillon moved," That the Lord Mayor't locum Icnent wish the town clerk and civic officer, and as many members of the Council a can conveniently attend, ia needed to Tullamore Gaol with the Burgess roll for the purpose of having the same signed by the flight Hon. the Lcrd Marnr. and (hat the town clerk forward a ennv nf thi resolution to the visiting committee of Tullamore Gaol - Justice with a request that arrangements maybe made m pursuance of the 19th of tbe prison rules qf , the 22d of March. 1678, applicable to misdemeanour of the first division for such TuJt." He eulogixed the conduct of Mr, O'Brien, which he contrasted with that of Mr. Cecil Koche towards Mr. C Harrington. f Mr. Kobinton seconded the resolution. . Alderman Byrne remarked that there were no Conservative members presented said he was sure that respectable Conservative felt scandalized at the indignity 'shown to the Chief Magistrate of the city. The resolution wat adopted, and arrangement made for giving effect to.it. The most recent example of the malicious spirit of .the National League is teen in the resolution adopted at a convention held at Kavan to stop hunting in the county ofMeath because the Lord Lieutenant, who hat taken Lord Longford's bouse at Summer - ' till, ha joined the hunt; No fewer than IG firiesbi attended the meeting, which wat presided over by the' Her. Peter Kelly, P.P., of Elane, and three resolutioni were proposed and seconded by tome of the rev. ratlemen. The chairman said there wat no objection to hunting in the county, but; owing .to the presence of obnoxious persons, the farmers of Meath were determined cot to submit to the difgrace which wa sought to be pat upon the county before Ireland,wbieh would be the case if ss out upon tnem at Intrepidity, courage, and disregard for personal oi the rioral Irish Constabulary, and nothing could have been done by the moonlighter. Hi Lordship then, after further commenting upon the Leary ther should give the accused the benefit of it. The jury returned into Court and handed in the issue Paper, finding all the prisoners, guilty except the two Murphys, as lo whom they eouid not agree. The Attorney - General (.aid he did not intend to put the two Murphys ion their trial again until the next assizes. Dr. Falconer applied to have them admitted to bail, but his Lordship reserved his decision, and then passed sentence on the prisoners. Thomas Leary, he observed, was undoubtedly the worst of them. In the sentence he wat about to pass the learned Jndge said he would consider in some degree the fact that Leary might have been influenced by Callinan. The sentence was that Thomas Leary be kept in penal servitude for. ten years, and the other prisoners, Daniel Leary, Lawlor, Hehir.'and Cronin in penal servitude for jseven years. F une oi tne prisoners on neanng ue sentence tint and had to be supported from the dock; CORK, Deo. 11. Alderman Hooper, M.P. for South - East Cork, wat yesterday evening arrested in accordance with the provisions of the Crimes Act, charged with having published - in the Cork Daily and Wakly Herald, of which he is part proprietor and conductor, reports of suppressed branches of the National League. The arrest took place at his own house, by Int pector Concannon. Mr. Hooper wat in bed at the time, and some delay was caused until he dressed. He wat placed in a covered cart, and wat at once driven Jo the police office. There were 13 summonses issued against, the accused. He wat charged before Capt. Stokes, stipendiary magistrate, who remanded him on bail, the Mayor and city High BbenlX being accepted as nis sureties in iiw each. A crowd assembled in tbe vicinity of the police court, but wat at once the head i Cecuings OI supprcsBcu imucutrs ui u.c ucsguo u&to uvui amearinz in the defendant' paper. Already some news - I vendors hare) been imprisoned for selling the paper, and ; dispersed by tne ponce, r or some weexs, under i ing The Suppressed Branches," report of pro - r i i r : i i the editor has repeatedly denounced the action of the Executive as worthy only of those who were too cowardly to strike at the publisher, but mean enough to intimidate his agents. The summonses will be investigated on December 19; "All newsvendors in the city of Cork were yesterday cautioned by the police against selling or exposing for sale copies of the Corl Examiuer, United Ireland, Cork Herald or any other paper containing report of suppressed branches of the National League. Al tne Aiuusier tt inter askizcs yesiciuay, oeiore iur. Murphy and a Cork city jury, Patrick Callsgban, Martin M'Inerney, Patrick Bovce, and W. M'Mahon - i .1 11 f!;l, - tn ViaJnt. t.l - .B tuit in Tint in tha , the gaoler of William O'Brien, the officikl representative of the Coercion Government, were allowed to amuse himself on the farm of the men on whoce behalf Mr. O'Brien bad been 'flung into Tullamore Gaol. He remarked that tho Lord Lieutenant came down to hunt in Meath escorted by police; who watched theditchet and reconnoitred on the y to the cover lest there should be a hostile Nationalist. Ihe rev. gentleman said he pitied from hi heart the poor men who would' suffer from the stoppage of bunting, but it was to their credit that they were willing to part even with the means of existence In order to save the honour of. the county. The Kct. Mr. Kearney, of Okfcastle, aaid he went further than tbe chairman, nd thought they ought to tbp hunting, even if a Caslle - reagh bad not taken part in it, because 'JO per cent, of the iwuooea wno supported it were enemies to their country, be wre Plotting and planning for the destruction of the People. He adrined the farmers to nroeeed arainst tn - nroeeed arai PJert at petty tuitions, to prevent trespassing by the use tbeneeessary force, and by poisoning their land, as they r'" - M7 k oo wiiam i lie law. uesoiuiion these sentiment were passed. Tbey first called njn the tenant - farmer to do their duty in the present mm by resisting tbe insult offered to them by Lord Londonderry, and tbw ' prevent iU being recorded to their eternal dwace that, 'while tbe taintly William O'Brien, w beloved leader, u being slowly tortured to death in our towrt, hu chief gaoler and ehki torturer. Cartlereagh, wa nowed to bunt in Meath." Another rerolution declared r?!Lb?nUnchoi,Id rtoPP1 pending the reiical of .!Ic,?n.Ach 3 f00 recommended the farmers to Pouon their Und. Thii last rctolnUon has been carried W, and some of the bounds were killed by poison ester - "T when an attempt wat made to renew the hunt. The trial of the seven prisbnert indict! in connexion th the attempt to murder' Thomas Sexton at Bally ghaD on the night of Whtlehan't murder wat resumed Wicklow yesterday. Further evidence wat, given in PPort of the alili tet up in the ease of three of the men. f IMtonbt to U prored by the tatter oi tUMuipbyt pleaded " Guilty " to having taken part in a riot in the city of Limerick in connexion with the recent attempt to boycott a Clyde tteamcr trading with that port. Two men, named Michael Carmody and Thomas Ryan, were found Guity of serious assaults in connexion with the tame proceedinst. The sentences on all were - deferred. Mr. Justice Murphy, teferring to an effort made to intimidate jurors, mentioned that a juror who had been sworn in a case ot cattle stealing inou on tne previous aay us a written him a letter in which he enclosed a slip, cut from j the Cork Daily Herald. The juror complained of tome lamruace used in an editorial note in which reference was made to tho jury. He would not at present take any immediate action in reference to this, but if there was a repetition of such conduct, or any language used reflecting on or censuring jurors in the discharge of their duty in that Court durins the time he presided there, be would have it brought belcre him by counsel tor the (.Town, a tt wat their duty to) bring it before him, and he would treat it at a gross contemptof tourt, and he would punish it both by f fine and imprisonment without the slightest hesitation The followtnga is the paragraph to which his Lordship directed attention : '' - Twenty - three jurors were ordered to stand by in a case tried at the Winter Assizes yesterday, and this was a special jury. The jury, at ultimately constituted, wat composed of 12 coercionists." LIMERICK, Dec. 11. The 'Limerick Corporation at their meeting On the 1st instant re - elected - the present bolder of the office, Mr. Francit A. OJKeefe, at Mayor for the coming year. - They next, in accordance, with the power yetted in them under the provision of the late Mr. Isaac Butt s Muni. cipal Corporations (Ireland) Bill, proceeded to nominate j .t. t.flnftiifiMl touwo th ffi nfeitvTTii.fi Kfc(f the following beinir atreed to at the elect of the i . . - 1 . 1 1 , - . r I Limerick Town Council in the order given Mr, 'William tVRritn. M.P. : Mr. John Dillon, M.P. : and Town Councillor Stephen O'Mara, who wat Mayor for last year and the year previous. Tbe right of appointing one or any of the nominations made by the Corporation in such matters rest with tbe Lord Lieutenant, and yesterday Mr. O'Mara received a communication from the Undcr - bccre - tary. Sir West lUdgeway, enclosing tho warrant for the i late Maror to act at High fchenll of the city during the 1 coming year, ine city suo - sncmi, jut. v. m, nas peen re - appointed to office by Mr. O'Mara. . The Earl of Dunraven arrived yesterday at hi county Limerick residence, Adare Manor, The Lord Lieutenant and tome other visitor are expected at Adare early next week for a few' days' thooting. . '. By direction cf the Chief Secretary for Ireland a letter, bat been addressed to tbe police authorities at Limerick commending the officer and men for their action in giving effect to the proclamation of the Government suppressing " the Manchester Martyr' " demonstration, which was proposed to be held in Limerick on Sunday, November 27 last. Tbel constabulary who did duty in the - citr on the occasion bate been made aware of tbe contents of the letter received oq the subject. , . - Veatorday a farmer named Hinogue, lately imprisoned for seven dtyt for causing a disturbance in Court, wat gain prosecuted for riot at Scariff on the 20th of October but.; ThejM - oseeutlcn wat brought under the Crimes Act, Messrs. Hodder and Mercer, stipendiaries, adjudicating. The offence ; charged against Minogue wat proved, and he wu tenttaced to a month' imprisonment with bard.

Clipped from
  1. The Times,
  2. 12 Dec 1887, Mon,
  3. Page 7

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  • Clipped by PJJKANE – 11 Apr 2013

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