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 - rnisn AtstiBs CLnVlfEL. AnansT IX. The Cnitr...
rnisn AtstiBs CLnVlfEL. AnansT IX. The Cnitr Joiticc wm rwurfaroceapied fa the Record aide ot in usurunousc, rrara tae urans; or tne um tui pest tea o'clock lastalfht, la the trial of rTWUm MtKcr and Dttlf JafaArr, for the knew Pat and Edmood Ir also. Saw Kdmond Shea and Pat 31 ullallr d - nd in Ned Shea's house. It waa burnt all but the shell. Saw hotea in the bodies of Edmoad Shea and Pat Mullally, where he bettered ballt had catered. Witness knew hia too, Pat Mullally : and knew Ned Shea from hi having a RrarocT or tne oeaa John Mullally was the first witness produced t be MuIlaHr, his son f he alw knew Michael MuIlaHr, and Shea. They are all dead. Knew Catherine MaQally i short leg. It waa early on the mornlnx of the 50th of Norember he ! taw the bodiea, and the houv destroyed. Ultnewt ruidea between I Mnllinahoaeand Shca'i aboat a mile and a euarter from the latter. AlarrKellrwa then ivom. Ii wife to rhlliTV. and neither to John , Kelly. She lived about three Heidi from Shca'a house, and knew i iaroy ana uiiam naner, me isner oi wnom u a reuure to acr huband. She next stated, that V . Maker came to her house a few ! aiehu before the burntna; of Shea's kouae, and called her to lteht a aanaie ana sena ner son Jonn into tne room r wblle they aaid he wanted the aluea, as he was foinf to take the arm at Nej shea's. Maher next directed her to tell Pat Mullallr. who was a aerrant at Shea's, prorided she thought he could be Intrusted with a secret, that his assistance would be expected to take Shea's arms; this she told Pat Alullallr. Maher also hartna; met Catherine Mullally, a senranUfrirl of Shea's, at wltneas'i house, made inquiry of her as to what time the family usually went to bed, and other particulars re ardlaff the Sheas. He told her that if Pat .Mullally would do what he wanted, it would recommend htm to the friendship of all the boys in the country. The witness next itaied, thu on Monday nlxht (the nljrht of' the bumlne;) she saw Billy Maher and two other men come towards her house ; she hid been waitlnc up for Maher ; her husband waa then two or three hours in bed. The witness. Miry Kelly, who kept liquor and beer for sale, imairined they were coming to her house ; the went out two or three times to tee if they were coming in, but on the third time the saw fire or six men facta up the hill towards Darby Maher's houie, with their backs to her, or whom she knew W". Maher to be one : when they went up the hill, she watched them, because Pat Mullally told her to hare an ere to them ; she then followed them a little in a ditch, from whence she saw three men more join them from a different direction. She then went towards Ned Cahlll't house, in order to send him to Ned Shea's, to let the Mullally 's know at that house that the parties were inhering to go to Shea's ; but when the got near Cahill s, she heard voices, and was obliged to conceal her. self in another ditch, from which she saw fire or tlx men more, and they all went up to Darby M aher's house witness being afraid to go toCahill, stayed a good while in the ditch,frora whence she saw lft or 17 men come out or Uarbe Maher s, and race to tne direction of ed larflwuM tmtn.1l,ir aAor I Kit Txrmin. None of the DCrMDJ there exsmlaed, among whom were Mary Kelly and John - Butler, aid they knew any one concerrtert. The only wuesooris put to MarrKefly vera rtladrt to the penooi that had been drtnXingai The cast foe the proaecudon dotwd bera, when Philip Ryan, a tailor, came as nad twort that be slept at Darby Maheri the whole of the night ofi the burning, and ia the tame bed with him; aadthat Maker could not go oat without bin knowledge. The evidence of thai wltnert was very tar (ram tafficient ta produce a urouraMC cnecx m laejury. Philip Bark van next iwora, and he was a man of fair repute. For William Maher he deposed, that on the night of the burning FIHlxm Maher left hia home logo to sleep in an adjoining barn ; witaeas locked the door after Maher went out to the barn. Next, to prove that Maher did not leave the bam during the night, John Walsh, in the employ of Mr. Burke, was sworn ; but his evidence evidence was mich like that of the tailor ; and between both, the JM waa badly sustained. The Loan Cairr Jtrsnce - at eiht o'clock, proceeded to - cnarge tae jury, tie considered It unnecessary to recapiniiaie, minutely, minutely, the evidence. The prisoners at the bar stood indicted for the burning of Edmund Shea's dwelling - house, and for the murder ot two persont. in point or law, there wai no distinction oetwren the two if the jury believed the eridence In bringing the guilt them. His Lordship's charge dwelt with much force on theenor. miiroi ineenme. and mntnstoi UMnrnminmi nunu oi eviucucc Shea s, and pass within 27 paces of where the was j they had arms It lasted nearly two hours. The juiy retired before ten. Mian Maher a blunderbuss : they had fire also ; for she taw the The jury were called out about a quarter past ten o'clock, and the blue and sparks as ther passed along, and taw the fire after the lost j Caizr Justice inquired whether it was likelr ther would soon mwm ,iKru m7 p, ui km iivicm u lie cvioenuy seemed to be exnaustea ; nis ijomsmp hnmm Ht iK .ij.. t i i .k - rJ tk. 1. w vuiltv f of both - if innocent of one, ther were innocent of both. His Loid. snip would make an observation, before he would read nis notes, l that if the iurr credited the evidence, it was sufficient to tustata the charge laid ia the Indictment It was, therefore, a qestia of ere - 1 dtt, and not of law. The evidence adduced for tke prosecution, if it should be considered unworthy of credit by the jury. could not be attributed to a mistake of the witnesses as to the tacts they must be considered as being guiltr of a f - brication. Another cart of the ease was. that there was no evidence by an approver. The testimony of an accomplice was not girea oa the trial. He confessed that there was one part of the evi - l dence, which, at the moment, struck him as being that of a parti - ' cipator (Kelly's) who had been making bullets with one of the pri - 1 oners ; but aa toon at he discovered that an attack was to have been . made on Shca'a bouse, the witness, knowing the danger, went to his relatives, and put them upon their guard. Therefore, the case was not supported In the slightest decree br 0e evidence of an accomplice or an approver. Whether the witnesses had sworn truly, was a question for the jury ; or whether it waa possible that a number of! witnesses had entered into a conapiracr. and br meant of false swearing, endeavoured to commit a crime, if possible,more atrocious , than that with vhlrh th mui., hmH rhtrwrd 1 fa conscientious I doubt should be entertained br the jury, that the priaooert were not tuiiij , wen uiey were entitled to the benent oi it. A more impenuui i ana awrul duty could not devolve on any jury than what devolved oa hre in three places; the hres very toon became all tn one. Had no j mated, that they should not r any means hasten their deliberations ; un wu . - uuuscuiai was ua are, kchim i"" mukt oau nc wouia come down before twelve o clock, if they were ot opinion given her his hand and word that nothing should happen at Shea's but to take the arms. She next heard six or seven shMs frern about Shea's house, one of them in the direction of PhiL Dillon's. She stayed In the same place till she saw some of the party coming back 1 among them were Billy and Darby Maher ; ther were cursing aad talking about merer. She beard a err from Shea's house ; there was such a light she thought it was day, though it did not dawn for an hour and a half after. She was then afraid to quit where she .... .ill 1. .1 1 .1 .1 . . i:l. . - ,1 saw four or Ave men dead inside the door. She then went home, and told her son and other people who were working in Morrissey't garden, when they all ran on towards Shea's after. As they went near Jem Maher's house, witness taw Darby Maher standing near the end wall of it ; he had the colour of death eti kirn ; on looking at him, the felt the was not the better for it ; wit. nest saw Billy Maher for the first time after the burning oil the fair, day of Fethard ; it was the day but one after the burning ; her son was present; she called Billr Maher a murderer, and told him she believed he waa the last would murder her people ; Billr Maher replied replied to her In Irish, that the devil might choke him if they were not calling out to the people In Shea's house te throw out the arms, but they would nor. He told her not to go to the funeral on that morning, for fear she would be taring any thing ; the did not go in consequence, but went to the fair of Fethard, and the Mullallr'i were against Iter since for doing to. Saw Darby Maher in some time after ; he told witness to keep her tongue to herself, or she would be served as her relations had been ; he had come to her door to tell her so her husband and son heard him say the time. After that, she used to be hiding abroad, for fear of the Mahers ; afterwards went te reside la MaUiaahoae. Did not tell of the murder and burning siea after they occurred ; would not wish to tell on Billy Maher ; told it to a priest about twelve months after ; he waa not her parish priest, but she told her parish priest soon after that, that she knew some of the persons con cerncd in the murder of the Sheas, and he having advised her to acquaint a Magistrate, she went afterwards to Mr. Dcspard. Here the witness identified the prisoners. Darby and William Maker. un ner cross - examination by Counsellor Hamiltow, nothing appeared to shake her testimony ; all that could be said waa, that she had had a nick - name, and was mother of a child before marriage : she has been the wife of her present husband 23 years, and has a sou and daughters. John Kellv (now a soldier in the Rorals). aon of last witness. sworn. Knows William and Darby Maher ; saw William Maher at his mother's house the Saturday night before the burning ; went with Maher from the kitchen into the Inner room ; Maher told wit - net that he was to go to the hill the next Monday with a party to taxe nnea s arms, and .Maher made some slugs or a spoon, and wit - nets split two balls. Witness gave no Information la consequence, but told Pat. Mullally the next night to be on their guard at shea's ; witness knew his cousin Catherine Mullally, who lived at Shea's ; saw ner and aianer at mi mother s ; Alaher began to court ner, and ask her particulars about the defences of Shea's bouse. Witness slept at his father's house the night of the burning at Shea's ; he and his father went to bed, but his motlier did not ; in the morning waa informed by his mother of the burning, and ran towards the ruins with several others. At ftie funeral of the burnt bodies, he did not see Darbr or Duly Maher, but saw William Maher at his mother s house ; tke was sitting by the fire when William Maher came in. sneaatd, " 1 ou villain, now you hare the hre - arms! lie said, "We could not help it: we were calling and bawling to them : I went and broke the window, and told them to throw out the arms, and nothing should happen ; but they did not'; so w could not help it; and ther were all burnt and destroyed! Witness said that his mother was then erring. Witness went to the funeral, but his mother did not : he did net know the reason. Witness ii about 20 yean of age ; has been six or seven months ia the army ; enlisted, being in dread of hit life of the fellows In the country. After the burning. Darby Maher came to witness's house with a warning ; he came outside the door, and said if we did not noid our tongues we should be treated like the Sheas. After that, witness often slept out in the ditches, for fear of being murdered in the house ; he identified the prisoners. On hts cross - examination by Mr. Hamilton, it appeared that witness's father was a carpenter, aad bis mother carried oa a little busiaeas in selling spirits and beer. It alsn appeared that witness and hia mother had been in Dublin, fiom whence ther had come, a couple of days back, to this prosecution ; witness had been brought to uatjua trom nis regiment at Lrfmenck, by Uaptain Urougnt, who also brought witness's mother in the same coach. Witness had en listed in Cloomel : after betas some time in Limerick, witaeas was naininjwl k. f'.nl.ln n,...t .. . ft hi. . A examination, sent to Dublin, where fie was again examined, as well as nis mother, who had gone alter him to Luneriek, when be joined tne regiment. Philip Kellr. examined br Mr. Llotd Is husband to Marr. and father of last witness ; lived at Cloraa when Shea's house waa burnt ; knew Darby and W. Maher. He corroborated the threats used by Maher to his wife, in presence of himself and his son. joiin uutler sworn utred with Philip Dillon when Shea s house was burnt ; a brother of witness's was burnt in it ; witness lived within 300 yards of the house of Ned Shea ; knew where Mary Kelly's house was ; It was at the opposite side from Shea's Dillon 1 at the other side ; witness saw the house 00 fire, andpeople going towards it, among whom were Philip Dillon, Richard PheJan, WU - liam Williams, and himself; witness advanced within 10 or Ii yards of the house, witness knows a man of the name of Darby Maher; saw him about M yards distanttfrom himself (witness V. behind Shea's nouse, wnen it was burning: could postnreJy twear It; Alaher naa a oiunaeioutt in nit nana, witness beard a ptatot snot bred : it was fired by Philip Dillon, whe at the time called out in a loud voice, " Oh, you rascals I" A thot was fired from Shea's yard, an - otner trom behind the house ; saw two blunderbusses pointed towards where himself stood. When Dillon fired the shots, and cried out w Oh you rascals,' a man answered from the yard, and said, " Come forward, if you dare !" Witness then went back to the ditch, and tared there about ten minutes, and when he aaw no more of hia party, he went back to Dillon', got a bone, and rode off for the father aod brother of Shea. Met Nicholas Shea, nad went with him as far as Dillon's ; did not tell Nicholas Shea that he saw Darby Maher at the burning, nor did he tell any other person of It but hit mother and be assigned as his reason for aot telling it, that his mother and his brother told him that he would certainly be mar. dered if he said any thing about it ; he told it next day to his brother brother ; these were the reasons be did not tell any Magistrate tlQ about tbree months back. When witness told his brother of it, be did not mention the name of the person, but his brother told him, wheerer the offender was to say nothing about it. Witaeas waa now told to look about, and, after great hesitation, he put the rod 00 Darby Jianer 1 nead, and said ne was the man. On his cross - examination by Mr. H ATCHELL. said, that on the night of the burning witness and ether friends bad gone to assist the Sheas. Witness lost a brother In the house that nirht, of the name of Michael. Knows John Mullally; he had a son destroyed ia that nouse; witness told alullallr about a fortnight betort ne told Air. Dcspard; it was not M ullally who desired him toga toMr.Despard: Mr.Despard sent for witness afterwards. Witness had been fxvnlnfd on oath in Clooeen after the burning by a bench of Slagistrates, and did not tell what be knew, because he was afraid of his life. Told Mullally, because he believed Mullally would keep It secret. Philip Dillon iworn Reaiembsrred the night Shea a bouse was burnt, and saw It ; be had been called out by William Williams, and he sent Williams to call Richard Phelaa and other neighbours, which he did ; they all got up and dressed. Witness went out, and Dick Phelan and his son, and Dan. Butler, and they went up when the house was burning, within about II paces of It 1 being there with his friends, he fired a shot outof his gun, and cried out.'4 What's this for, you rascals !" A shot was discharged from near the house, and " Come on, if vou darcf" was cried' oat. Witness beard another another shot when he waa coming down the hill with Butler,Phelaa,dtc On hit cross - examination by Mr. H atcuell. witaeas said J. Butler did not tell him he knew any of the people concerned la tbe burning ; Butler was his servant. Jamrs Phelan corroborated the evidence regarding the fir. ing and words between Philip Dillon aad people oa the hill ; and Daniel Butler, brother of John, cot room at ed the same. This witness said, he and circa information before a Magistrate six or seven weeks ago; and and not girea them before, because he was afraid of being murdered, and because also be had been told not te do it by his mother aad brother. Richard Phelan next deposed to the firing nad expressions used near the battling bouse. Alice Butler sworn Lived within two or tbree fields of Shea's ; the night of the fire, her son John came and told her the hen te waa burned, and that Darbr Maher wat concerned, oa which the can. tioned him not to teil that to any ooe, or he would be deatreted. Ia about aa hour after the fire, bee ton asked If his brother Mich wai within. When she told hint be wat net, he aaid the never would tee any more then bis burnt boars I She had another soa, Edmund. Major Drought was eramlnrrl touching his k vine arrested W, Maher, and some rtwiftestone made ta him, which Maher role. teered. Major Drought held out no threat or Irdncerncnt to him. Francis Dcspard, Esq., was mmined touching the inrrstlgartoa that that hour would answer. Should ther exceed twelve la not agreeing, he would defer receiving the rerdict until morning. The Foreman said, that it waa likely they would agree very soon. The jury retired, and in about a quarter of an hour returned : their 1 names being called over, the Foreman asked with respect to the dis. Unction of the finding in the two indictments. His Lordship said, that the finding in one would establish both. The verdict of Guilt f was then announced. William Maher bent his head, and covered hia face with his hands. Darby's demeaneur underwent no al - teration. 1 His Lordship then proceeded to pass sentence of death ; after which he turned to tbe jury, and observed Gentlemen of the jury, I concur, ia the most unqualified manner, in the verdict you have returned. If I had a voice capable of commumcati in to all those ' mi Tsr. Vr.'.iT tU .1 7 TZ: k Vf'. l!w hii ""i 'tm f i. .H b0UMlhit U T" .r in P""", '?! i armt. How long wilj the commor .people of this country continue 1 to do so, it u impossible selves against the laws of tort, who eacouraxe them i .l . ..... ....... . . . .. ; l 1 1 JX - T .Kr'r - v wU4rD 1 3 r'.ZVJ" "I r "l - a ' VT. w.a JL li . rUn fii'!Tf' Tmu !,r0U nu'cnn1"tlr sacrificed so many of r7j!. 1 rt"Ura , . , . . . . , Jil!.n P TT1 ,f J?"LUpon LfTbn ' r7("V ffTn.Vnd ,',rtd thcm ? bfv,"t0t? , dajrfyesterday), and their bodies guen to the surgeons for dis - 1 Short r after the risoners bunt into sobs and tears, in which they indulged for some time. They are both rather - ell - looking , men, rery cleanly In their appearance, and are cousins, iney were removed to the gao?ndjrrjrerjMitrontgua POLICE. GniLDli all. Amongst the numerous obstructions and annoy, ances in the public streets, which It has been the endeavour of the hackney - coachmen crowding together on the stand, in almost erery great thoroughfare, a greater number of carriages than Ls allowed by law. The limited number for the coach - stand in Cheap - tide is ; and, by tke statute, a dear space of eight feet should bekeptbe - l t ween each of theur. It is no Vscomtmn sight, however, to see 30 1 and even 40 coaches on that stand ; and in such cases they are una - j roidably placed so close together as to form an impenetrable line 1 along the centre of the street, so as 10 render it dangerous, if not Impossible, for a passenger to cross. There is another practice among these fellows, which occaaioas still greater inconvenience. On driving to a stand, and finding it fulL they draw up parallel with tbe coaches, wai tin till one of them should be hired, to take their place on the stand, and thus for the time maintaining a double line of imi" Verr reneral eautinn has kan riven to them, but without '. effect, and in consequence, about a dozen of the driven were brought I up on summons before Mr. Alderman Avsley, upon the complaint or Air. Herring, the inspector of aty police, for ottences or tnis de. script! on, tome from the stand in Holborn, but principally from that In Uheapside. The full penalty Inflicted by the statute for these onencea ls sua., but as the object of this proceeding waa rawer example, example, in the hope of preventing the repetition of the evil, than the infliction of punishment, the Alderman, after stating to them that It was the determination of the magistrates that the provisions of the statute should be complied with, and a space of eight feet be kept clear between each carriage on all the public stands, and cautioning them that upon a second offence the full penalty would most assuredly assuredly be inflicted, contented himself with convicting ihem in the mitigated mitigated penalty of Al, together with 3s. costs. Bow. strict. Yesterday Robert Ball, the young man charged on suspicion of wilfully setting fire to. an apartment occupied by him at the bouse of Mr. Feam, No. 37. in the Strand, as stated in a former paper, waa brourht no. and underwent a final examination. Mr. Alley and Mr. Harm er attended at counsel and attorney 1 for the prisoner; and an attorney also appeared to conduct the pro - 1 secutior, on behalf of the Sun Fire - office, in which establishment the prisoner had effected aa insurance previous to the lire. The follow - ine evidence waa exiled : ! William Bond, a journeyman tailor, In the employ of Mr. ream, deposed, that on the evening of the fire the prisoner came into the workshop, which is at the top of the house, and 1 What ! are you hard at k still ?" The witness having to finish a job by a particu lar time, and being ta want of tome necessary articles, he asked the prisoner to be good enough to request Mr. Feam to send up what he required. Tbe prisoner said be would de so. but observed that he wanted a light to go into his own room. Hb room vu immediately J under the workshop. Witness gare him a piece of twisted brown paper, lighted, and he left the room, but returned and said it had j gone out. Witness then drew a piece of cotton cord across the tallow of the candle, lit it, and gare it to the prisoner, who went down to his owa room. About half - past ten o'clock witness 1 and hia comiade felt all at once an invincible drowsiness come orer them, and although they had not finished their work. ther could not resist their inclination to aieem and mere - . . . - . . r , ? lore urew themselves along on the snop - boara to inauige in a short nap. The witness was just dropping asleep, when he j smelt nre verr stronvlr.and eaJliae to nil comrade, tner txxn lumpen ITvinw - ttir r Vientir. a medical student of St. Tbomaa'a Honatal waa brourht KdWa R. J. CnaMnERS. Esq,, charrrd with parading ap and down ia front of the Coburg Theatre, dressed la women's clothes, oa Saturday night. Clarke, the ofiker who attends attends tbt Coburg, stated, chat bring on duty at the abort theatre en Saturday nigh t, bctwwrn f and 10 o'clock, be obeerred a tall and laaxy - sooeong personage prnrnmafling oaexwaroa auo rorwarui oa up, ran out, aad foundMr. Wool, one of the lodgers, endeavouring ' found in the ceiling of tbe prisoner's room, which must have been recently made - The rafters were risible through this hole. I Mr. Wood, the lodger alluded to, was examined at great length, and related the circumstances preceding and following the discovery ' of the fire, aa they were detailed in our report of laat week ; with the addition, that when the prisoner came into Mr. Fears i apartment some time before he leu the house for that night, - Mrs. ream oo. served that he smelt very strong of turpentine. His answer was, that he had been taking tome paint out or his clothes, but thst he had done it two or three boon before, and that he thought the smell must hare gone off before that time. Another witness of the name of Skeel deposed that be went into the room Immediately after the fire was discovered, and saw some pieces of rag and paper nailed up against the wainscot ting and tbe jamb of tke chimney, and that oil and turpentine had been recently smeared upon tbe door and wainsootting. A gentleman from the Sun Fire - office proved that the prisoner had effered an insurance to the amount of 4501 viz., 300L for stock, I00L for fixtures, and 50L for furniture. The prisoner, during the examination, repeatedly interrupted the witnesses, and insisted. In spite of the warnings or hit counsel and attorney, on cross - examining them seriatim. Whea the evidence against him waa brought to a dose, he commenced a long and vehemently vehemently delivered defence, the whole tendency of which vu to much In crimination of himself, that Sir R. Birxie earnestly conjured him to desist, aad he at length ceased. He was fully committed to Newgate for trial, and the witnesses were bound over te prosecute. Marylxbox E - or riCE. In the course of laat week a case of assault waa brought before the Magistrates of this office, in which 3 1 1st Bolt, a milliner, was the complainant, and Mrs. Newnham, a lad r of fortune, residing in Manchester - street, the defendant. The particulars of the case as detailed before the magistrate were published published ia the daily papers of the following day, from whence they were copied and published by one of the ballad printers in the parish ef St. Oilea, with the addition of a copy of verses, purporting to be a poetical account of the affair. These were sung aad sold about tbe streets br the usual itinerant venden of the halfpenny publics, tions. several of whom oa Friday morning placed themselves imme diately In front of Mrs. Newnham 's bouse, where they kept alter, natdy singing and crying their papers, to the no small annoyance annoyance of that lady. Application was made, in consequence, and Morris, one of the officers, went to the spot, sail took the papers from those' persons be found there, telling them to come to the office If they wished to hare them restored. None of them came, but yesterday the solicitor of Mrs. Newnham presented himself before the sitting Magistral (Sir. Rawliw - sox) io complain or toe conduct or these parties, ana auo ot toe mart which had ameared In the newsnaners. to which all the mischief sad annoyance was ascribed. The report waa described by him as a most scandslout tx part statement, and thst it was the intention intention of Mrs. Newnham to proceed against the reporter. Mr. Rawlivmx, a reply, obserred that he certainly bad obserred obserred the acwipapt! te ports to hare been in many Inarsncre veiy in - correct but whether so in the present case he could not say , as he was riot prrecnt at the examination. He could aftord the applicant no as -

Clipped from
  1. The Times,
  2. 24 Aug 1824, Tue,
  3. Page 3

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