The Waterford News from Waterford, Waterford, Ireland • Page 1

The Waterford Chronicle and Munster Advertiser" incorporated with this Journal May 9, 1849. Vol. XII. No. 722.

FRIDAY EVENING, JULY or; 1802. PptP1? stamped 4rf- 1UO Jli UNSTAMPED 3d. Michael Ryan examined by Mr. Wall Was at ntat morning at five o'clock was washing in the kitchen between the bed and the door. Halpin heard Halpin speaking outside the lent went out and saw Halpin knocked down saw with the shaft of the bayonet he made a second attempt, and said pugh" caught him and held him until his brother came up his brother caught the bayonet and broke it from the shaft they then took Keily prisoner.

Rich.irci Fitzgerald, to Mr. O'Hara, deposed to is enough, and has been known to cause death. Coupling this with the symptoms which the woman exhibited in her dying moments, I think you will hare very little difficulty in arriving at tbe conclusion that this woman was poisoned, and that her death was caused by that deadly medicine which she took on the evening of the 14th of April, and that the medicine she so took contained strychnine in quantity sufficient to cause her death. It was in ihe evening, between seven and eight o'clock, that she took that medicine. In the house there was found a parcel a package a white paper parcel, which was on the next day given to the constable, and by him sent tn Doctor Blythe, and that parcel on being examined was found to consist of epsom silts, magnesia, and strychnine mixed together.

That parcel has been carefully analysed by Doctor Blythe, who will be able to tell )oh the proportion of strychnine contained iu it. Thus, gentlemen, we have first the symptoms, then the presence of strychnine in the stomach in quantity more than sufficient to cause death, and then we have the packet found in tbe house, and therefore grounds to lead your minds to the conclusion that it was by the contents of that packet that the woman lost her life. If you are of opinion that these facts are proved, they are sufficient to warrant you in bringing guilt home to the prisoner. Gentlemen, I have already stated to you that at that time, and for a considerable time previous, Richard Burke, the prisoner, had resided in Waterford, away from his wife. She used only occasionally visit him.

and belitrvelhes. iita were COUNTY TIPPERARY (SOUTH RIDING) ASSIZES- CLOXKL CRIMINAL COURT-Satukday. (From our Special Seporter.) The Rili Hon. Baro: Deasy entered the Crown Court at eleven o'clock, accompanied by Charles Clarke, Eq-. Grainoe Park, High Sheriff of the Countv, and his Depu'v, O.

Fitzge-jM, Esq. H. J'cdJer, Clerk of the Crown, then re-swore THE GRAN Jl'RT. Stephen C. Moore, D.L., Banie, Foreman.

William Quinn, Lonsjhloher. William Goina, R.M., Rallvphilip. Hon. Bowes Daly, J. Killonjh Castle.

Samuel Cooper, J.P., Killeimre. R. J. lircenane. Hush Barker, J.

Lismacue. Francis Lowe. J. Kilshane. Richard Pennefather, J.P., Lakefirtld.

Charles Rianconi, J.P., I.ongfield. Richard Philips, J.P., Gale. James Scully, J. (Jolden. Sir Thomas judkin Fitzsentld, J.P., Golden Hills.

W. H. Riall, J. Summerville. Robert Cooke, J.P., Kiltinan Caatle.

Henry Rriscoe, J. Tinvane. John Masse J.P., Kimrawell. TI. Jep'won, J.P., Carrick Uonse.

William Pennefather, J.P., Laketield. Charles Langley, J. P. Court Mr. Foreman and gentlemen of the grand jury of the South Riding of the connty Tipperary, I regret extremely tnat there, should hare been s.ill an attendance of grand jurors on the present occasion.

The law requires that there should be twenty-three grand jurors in attendance, and for this reason, twelve of your body must concur in the finding ol bills. that result may be prevented bv the non-attendance of" the full number of gentlemen on the gran jurr nllemen should be aware that their attri. the grand jury is not an optional duty it is a duty as obligatory on them as is the attendance of the petty jurors. Gentlemen summoned as grand jurors, and failing in that duty, which the law imposes on them, are just as liable to be fined as petty jurors not attending, and unless some valid excuse for such non-attendance shall be brought forward, I shall not fail to exercise the power which the law invests me on the present occasion. The criminal business of this assizes is most important, and it is deeply to be regretted that those on whom rests this legal obligation, should so absent themselves on the present occasion.

The high sheriff has informed me that he only received excuses from soma gentlemen who were summoned at such a late hour that it was impossible for him to supply their places, and I do hope, gentlemen, that this may not take place again. Such non-attendance may be productive of a failure of justice, but I do hope that such a result may not occur at the present assizes. As I have said, gentlemen, the criminal business at this assizes is most important, and the calendar, notwithstanding the late special commission, presents very serious offences on the face of it. There have been, I regret to My, no less than six of homicide Anee the last assizes. With one of liberties with her, and she told him to keep himself quiet her shawl fell off, and while trying to nut it on, her hand being powerless, her bonnet fell off, and while taking it up, the train went off from Ban-sha witness sat over from him, and he stood up and came over to her, and witness walked away from him, and told him to keep away from her he pot his arms round her, and put hrr back against the carriage -he then took more literties with her with his arm round her waist witness pushed him away, but he persisted she screeched as loud as she could after some struggling the train stopped what he did then was against her will got out of t'." carriage at the wrong side of the station saw one of the men of the railway, oi saw the station-master and told him what happened showed the prisoner to the station-master, mid he had him arrested his face was bleeding at the time there was no mark on his face when she saw him in the carriage she scratched his face.

Cross-examined by Mr. Johnston Took her ticket for Bansha first thought the prisoner bad drink in him could not say how long the train stopped at Bansha was close to the window at Banshi did not say one word there as she thought she would be out in time there was not a scratch on her saw the station-master at Bansha, but did not want to call out there at all. Mr. Philip llogan examined by Mr. O'Hara Is station-master at Tipperary remembers the arrival of the evening train there, on the 14th of June; the last witness came by that train, and she came to him in a very excited state, and complained of the prisoner having assaulted her and attempting to violate her in the train she identified him, and he said he never saw her before witness asked him to account for his face being torn, and he said his wile did it that morning; the blood was coming quite fresh from his face the train only stops a minute or so at Bansha.

To Mr. Johnston Is a married man his wife never scratched his face yet (laughter) the prisoner was standing on the platform at Tipperaty when he was taken. Matthew English to Mr. Wall Is a railway porter at Tipperary saw the witness Willis getting out at the wrong side of the carriage at the platform she was rather excited saw the prisoner with his face scratched, and said she did it (identifies the prisoner). Mr.

hitstone, station master at Clonmel, deposed that on the 11th June he gave the prisoner a ticket for Limerick he appeared a little under the influence of drink saw his wife with him on the platform saw prosecutrix there, and she got into the same carriage when getting into the carriage the prisoner had no marks on his face. The case for the crown here closed. Mr. Johnston replied on the part of the prisoner, and in doing so contended that the prosecutrix not having, in the first instance, repulsed him, gave him encouragement that in that way she was a consenting party, and therefore the prisoner should be acquitted. He contended thre was no evidence on the other two counts.

His Lordship in charging the jury said it was a very important case, important in so far that it was essentially necessary that unprotected women should be safe in railway carriages. His Lordship recapitulated the evidence very minutely. Thejurv found the prisoner guilty on the first count. His Lordship in passing sentence dwelt with just severity on the act for which he was indicted, and sentenced him to two years' imprisonment at hard labour. incendiarism.

John I.anJ'j was indicted fir having, on the 8th of April last, maliciously set fire to the house of James Fitzgibbon, at Glounaskougb, near Nine-mile-house, James and John Fitzgibbon at the time being thereiu. The following were empannelled on the PETTY JURT. Samuel Riall, foreman Haradeu Lane, Robert Franklin, Michael KeatiiK, S. C. Iiusliell, Pierns Keating, George Hradshaw, Michael Mulcdliy, Jolm Mnlmh, Patrick Cunnigliaul, William Rollins, William Sparrow.

James Fitzgibbon sworn and examined by Mr. Wall, Q.C. I lived in Glounaskough on the 8th of April last I have six children, and the mistress I have a son named John; I paid rent to John Landy (prisoner) for the house before April last he wanted to get the house, as his laudlord promised to let him have his houw fur nothing, provided he levelled the house I was in my son was at Cnllaa on the 8th the Barronstown races the day in question knows Daniel and Martin Hourigan saw the latter go out of the tent we were in at an early hour went out myself shortly after saw Hourigan and Nihill in holds turned back to the tent saw Hourigan on the ground, and saw a number of people about him picked him up, and washed liim in one of tbe tents he had several cuts in his head, and there was blood flowing from him (identifies Pat Nihill). Cross-examined by Mr. Vowell Goes by the name of Michael Rytn Gow his uncle, father, and grandfather were smiths, and that is the reason be is called Gow" was not drunk that night, but took little refreshment heard no shouting that evening if one was given he would hear heard no wheeling" for four years old.

John Bynane examined by Mr. O'Hara Had a t.nt at the races knows the last witness he and Hourigan were in the tent that morning Michael Ryan, Pat Ryan, and Pat Coffey, were there that morning about four o'clock heard no shouting, but saw a crowd on the green saw Daniel Hourigan leave the tent, and saw him afterwards beaten was standing at the door of the tent, and did not see one stroke. To Mr. Vowell Honrigan was in the tent all night could not say what he drank heard no shouting or wheeling" to make him look for a policeman that morning. To Mr.

O'Hara Did not hear before Hourigan was struck or after any whreling" for four-years-old. Counsel for the crown asked to have this question and answer taken down by the clerk of the crown, which was done. Dr. John Ryan, to Mr. Wall, deposed that he saw Daniel Hourigan he had two scalp wounds on his right side, and on the back of the head he had fracture of the skull on the right side those injuries might have been inflicted by a stick or a stone the man was in danger.

Mr. Vowell argued in favour of his right, as an attorney, to speak in reply, and quoted legal authority in support of his application, which gave the right to attorney's to do so in courts wherein they usually practice. His Lordship held that this section only applied quarter sessions' courts, and not to courts of assizes. John Allen, for the defence, deposed he remembered the races on the 28th of May went into a tent there Daniel Honrigan was with him, and witness called for two half glasses of whiskey got them they both sat on the counter Hourigan ran out of the tent without drinking the whiskey witness ran out and saw Hourigan facing Con. Hayes saw him strike Hayes in the face, and knock him down.

To Mr. Wall Saw Hourigan after that in the tent and he cut and bleeding did not see Hourigan knocked down saw no one near him but Hayes. Thomas Hayes to Mr. Vowell Remembers the morning when Hourigan was struck at the races saw him coming out of Bynane's tent he ran at Connor Hayes and struck him a fist Hyes f-'ll saw Corcoran, the Ryan's, and Nihill did not see them s'-ike any one, but saw Martin Hourig in strike Nihill on the right cheek; it was bleeding. To Mr.

O'Hara Is one of the the hoys in the dock are of the same patty of course they wheel" fur the four-years-old. To Court Did not think the Hourigans were three-years-old never heard them wheeling" for them believes they are four-years-old (laughter) did not know what a three or a four year old was. The jury, after a slort consultation, found the prisoners Nihill, Michael Ryan, Connor Hayes.nndTom Ryan, guilty ou the rst count, and Denis Corcoran not guilty. They were ordered to stand HOMICIDE. Edward M'Carthu.

is indicted for that he, on the '28 1 of May, at Barronstown in this county, did kill and murder one William Ualpm. The following were sworn as a FBTTY JURY. Denis B. Porcell. foreman Robert Smithwick, Stephen Mnrnhy, Michael Cormack, Thomas Hughes, William K.

B. Mulcahy. William R. Pallisser Wayland, Pnilip Sli, Eduiund Duokerl), Thomas Lewis, and George Bratlsbaw. The following were challenged bv the prisoner Messrs.

Thomas M'Craith, Thos. Brindley, Launce- lot Smith, James F. Browne, Samuel Henderson. Messrs. Wall and tiara prosecuted, and Mr.

Johnston, instructed by Mr. solicitor, defended the nnsoncr. Mr. Wall, Q.C, in stating the case, said he would briefly state the rcumstances under which he expected to bring home to the prisoner at the bar the committal of the crime for which he stood charged, the murder of Villiam Halpin. No matter who caused that inim'i death there was no doubt of the fact that on the 27ih of May, William Halpin lost his life.

He was an assistant ot Kennedy Brian, who had a tent it the Barronstown races, adjacent to which was aiother, owned by a man named Lee. The occurrence took place about eight o'clock in the evening, vhen the business of the day had ceased. It would be proved by the man named Lee that having beard a noise outside 1113 tent he went out and saw a nan running past in one direction, while in the paisage between his tent and Brian's he observed Halpin lying on the ground, Brian then came up, and having been told by Lee of the direction in which the man had gone, he went in pursuit, and returned with the prisouer, who was identified by Lee as the man who went past his tent, and who struck the deceased man. Wheu taken the prisoner lad a small cracker which he threw away when arreited, but which was afterwards found in Sullivan's tent, where he had been removed to. They would also be able to produce a person who saw the b'ow struck by the prisoner, and then observed the prisoner running away.

Halpin never recovered the blow, he died from the effects of it, and it would be for the jury to say if the prisoner at the bar was the man who inflicted the fatal blow. David Lee, sworn and examined by Mr. O'Hara. I had a tent at the Barronstown races Brian had one adjacent about eirjit o'clock that evening I heard a noise outside my tent; it was the noise of a stroke having been giveuto some one I was standing in front of the tent came out then, and just before I did so, observet a man running past from the direction of Brian's tnt at that time I did not know the man when I came out I saw a man stretched on the ground dose to Brisn's tent, in the passage between his andmine the man ran past had a black coat anc a hat on him I could not state whether he had anything in his hand I saw Kennedy Brian, who came up to where I was and I pointed to the directbn in which the man wa running in about twenty minutes after I saw the man brought back by bran and some other men (identifies prisoner as the aan who ran past). Cross-examined by Mr, Johnston There were not many people on the coirse at the time the man went by at a trot tbe tread tu ot the tent was about 12 feet; I lift tbe te immediately on leaving the tent 1 saw the man ying on the ground, and another person there was io one else my tent was between Brian's tent and Sdlivan's; one intervening between mine and the lattr I know Mary Lynch for six years did not see ler there did not see her at the races that day.

Kennedy Brian to Mr. Vail Had a tent at the races of Barronstown knev Halpin he was in witness's employment as a hbourer attended at witness's tent at the races; while in the tent heard the noise of a blow went out tf the tent and saw Halpin lying on his face and hands between the two tents went in the direction of Lee's tent and saw Halpin on the ground Davson and James Hore were on before him all wjit in tbe direction of Rose- borough did overtake them he saw the prisoner going to 1 ipperary, aid More, who was there, tooK him into custody wien witness told him the pri soner had a stick in Its hand like the crop of a whip caught hun by the beast told ilore that the pn sontr was the persun who sttuck Halpin brotigh the prisouer back tothe course; left him with Hore, and then went tor tie police who lound bun out livan tent. Cross-examined Mr. Johnston Was often at those races acted is policeman on this occasion, and is a Tipperary aan is not ashamed of himself; was charged with or assault about taking awuy hay from bis sister wa in Australia part of his time, but was not sent tlitre lived four years in Galbally kept a public houe there, but was not obliged to leave there. His Lordship sad the witness seemed to him to have acted very priperly.

The witness, in said that when he took the prisoner he said he had beard of Halpin being struck beforthe left the course. Michael Daw sol to Mr. Hara Was at the races, aud was in Irian's teut that evening knew Mary Pallet also dermic! th.t ah. i motu 1 a mile from Harden the prisoner Wallace was in her "'k 'i- 01 me aua ue remained uvj up near eleven CIOCK. Other WitnABCA.

1.A-. Anltjul lV. WHICH WIT HtUD IR1 k. Mr. Beatty, proprietor of the Rallmgarry mines, gare allsce a high character be said he remembered the nigh; Hayden a house was broken, and that night tbe moon never shone: it wan imnomihl.

tn -v-n night, and particularly from liavden window, as deposed to by him. After the charge from his lordship the jury retired, and at half-past seven the court temporarily adjourned. Shortly before nine o'clock his lordship came into court, and the Jury re-entering informed tbe jodge that there was no probability of their agreeing. His Lordship, with the consent of the crown, discharged the jury. The court adjourned to nine o'clock next morniug.

tcdat! THE CLOGHEEU' POISOIJTlfG CASE. TRIAL AND CONVICTIOJI or RICHARD BURKE SENTENCE OT DEJT3 PASSED! His Lordship sat this morning at ten o'clock. Richard Burke 'was indicted for having, on 14th of April, 1862, wilfully poisoned his wife, Johanna Burke, of Clogheen, co. Tippettry, by strychnine. When put to the bar the prisonevSippeared ceol and collected, and in a firm tone fit voice pleaded hot boijlttHb wait dressed iu suit -of mourning, boring the progress of tbe trial be wds accommodated with a seat in the dock, from which lie wrote acre, ral memorandums to his attorney and counsel.

Very great interest was excited by the ease, several per sons irom vt atertord, varricK, and elsewhere, being amongst the spectators in die densely crowded court. The Solicitor-General, who arrived special for the case, Sergeant Armstrong, Mr. Wall, Q.C, Mr. Pennefather, instructed by Mr. Kern mis, crown solicitor, prosecuted, llr.

Rolleston, Q.C, and Mr. Johnston, instructed by Mr. John Prendergast, solicitor, defended the prisoner. Mr. Peddar, clerk of the crown, called over the long panel to swear the jury, which, with the challenges, were as follow John R.

Hcwston, of Tipperary, excused by the jodge on the ground of ill health Samuel Clutterhuck, challenged by the crown Michael t'olman, Catholic, foreman Peter R. Banfield, Quaker; Geo'ge Langley, Protestant; Standisb Butler, challenged by the prisoner Godfrey Philips; Join White, challenged by ths prisoner Richard Carey, Prates, taut; Garrett K. Carey, Protestant St. George Mansergh, Protestant Michael Greine, challenged by prisoner Charles B. Lowe, Protestant Thomas Brindley, challenged by prisouer Denis D.

Parcsll, challenged Bsrnard P. Phelan, Protestant Robert Smi bwick, Protestant Johu B. Grubb, vuimer; nncuaei vornncit, cuaiienged uy prisouer; Denis Heney, Protestant; Wiliam Kyall, Protest aut. 1 hose not marked as challenged composed tile jury. The Solicitor-General stated the case, and in do ing so said My lord and gentlemen of the jury, in this case the ptisoner at the bar stands indicted fur the wilful murder by poison of his wife, Johanna burke, at Clogheen, in this countv, and, it is iny duty, on the part of the crown, to lay before you the facts of the case as briefly and as clearly as 1 can to lay before you the evidence on which the crown relies to bring guilt home to the prisoner.

The charge is that the wife of the prisoner was poisoned, and that that poison was sent to her by her husband, the prisoner at the bar. The crime of poisoning is one fortunately of rare, comparatively rare occurrence in this country, and I do earnestly trust, gentlemen, that it may ever continue so, and I feel that I need not bespeak our earnest investigation inio this case, all important as it is to the prisoner at the bar, and important also as affecting the interests of society at large in this country. Gentlemen, Johanna Burke met her death on the 14th April, in the present year, and you will have to consider In this case two questions first, whether that death was caused by poisor, and if you arrive at the conclusion on the evidence we shall ay before you, that she was poisoned, then the question will arise whether the further evidence in the case is sufficient to satisfy yo'i, beyond all rea sonable doubt, that the prisoner at the bar was the author of her death. Uentlvmen, it appears that Richard Burke and Johanna Burke were married in the year 1847, that the never had any family, and at the time that tbe melancholy event of her death took place Johanna Burke was living in the town of Clogheen, in this county. She had been living there for a considerable time while her husband was residing in Waterford, where he filled the situation of clerk of the Waterford Union of coarse in that capacity it was necessary for bim to reside in Waterford.

I think he got that office in 1853, and he lived in Waterford from that time down. During that time also the deceased, Johanna Burke, did not live with him. Gentlemen, she had relatives at Clogheen. Immediately next to her ved her sister, Alice Moonev, who had a daughter who, of course, was niece to Johanna Burke. The Mooneys and Johanna Burke lived on tbe most affectionate terms.

The girl, Hanna Mooney, attended constantly on her aunt, and slept with her frequently in her house. Johanna Burke had a servant, Ellen Pyne. You will have the advantage of the evidence of those persons who were wit nesses of her sudden death, that is Ellen Pyne, Alice Mooney, her sister, and her niece, Hanna Mooney, Gentlemen, it appears that on Monday, the ICth of April, Johanna Burke complained of not being very well, and said she was going to take some of the medicine, and told her servant, Ellen Pyne, to go and get her some water fur that pur pose, sue went to the river lor tbe water, ana tne deceased said it would do very well. Johanna Burke then having got the water, went into the parlour, mixed that medicine in the water, and took it. uentlemen ot the jury, it appears that very soon after she took that medicine she com plained to tbe servant, Ellen Pyne, and said, Oh Nelly, bad cess to that physic there is a bad taste on it.

she then remained lor a tew minutes, and after a short time cried out three times, Nelly, Nelly, Nelly," to come to her, as if suffering great pain at the time. Shortly after the deceased was seized with a sudden spasm, and called again to the servant to put her upon a chair, and not to let her fall, or some expression of that kind, and the servant did so, and then went for tbe priest and the doctor. Before the priest arrived the woman was dead, and when the doctor came he pronounced life to have fled. say and are prepared to establish on behalf of the crown that death was caused by the administration of a poison called strychnine, and the symptoms of poisoning by strychnine will be proved to you by medical men to be those which were manifested by that unhappy woman in her agonising struggles previous lo her death. It will appear to vou from the medical evidence that in a short time after taking that poison me patient is seizea wuu those fearful spasms which cause rigidity of the limbs and contract the muscles, and the great peculiarity of that poison is that it leaves the brain unclouded, entirely unaffected and clear to the last, and in that it differs from other things which attack tha brain and cause inability and unconsciousness.

This poison affects the spinal marrow, and through it the voluntary muscles, and causes those -Uiiuatelr end uiu. 1 br nnthinff now better known in the medical world than the symptoms of poisoning by strychnine these symptoms are well understood and will be proved to you to be the of poisoning by strychnine. It is iinportan that you should bear those symptoms in mind, because it is possible thut an attempt may be nae cau to show that thin woman died fror uatural causes. This woman had been previous ubject to of epilepsy, but I 1. I I i it will be pr cu "i B'ic uu uut an aiiacn ior several nm'" 'a' had having taken place in th.

nv'ith of December previously. The medi cal getleman will prove to you that the symptoms were n'' epilepsy, but were the symptoms 0r by strychnine. Neither will those IUUIIU IU UC tUIHWICUl 11,1, HU, Df vart disease, but you will find that they are con- (eut wuu poisoning by slrycnnme. Uentlemen, case does not rest upon the mere symptoms which accompanied death it is relieved of difficul ties which may be supposed to beset other cases where no traces of poisou art funnd in the body, because I have to inform you that a pott mortem exam ination was made by Doctr Walsh, who I bought it right, in the discbarge of ti duty, that the stomach ot that woman should careiuuy anaiystu, and accordingly her stomacl was tik out, carefully sealed un. and given charge to Doctor Bit tbe.

of Cork. ho made a rsreful analysis of tbe contents. He will be produced, and trill prove to you the results of that analysis, and, gentlemen, that result is that in portion of the stomach which ha examined, he fon at least a grain of strychnine. He w. ill prove vou that grain is a does more tl 4 flicienfto weath in fact, half a grain Edmond Ryan there, and other persons went after the prisoner who was pointed out to him John Ryan was with him when he followed 'Carthy he was going towards Tipperary when witness lost sight of him.

On cross-examination by Mr. ohnston, the witness said he was a carman, and brought Bryan Kennedy's tent to the races; had porter for breakfast, and porter for dinner that day heard Ryan say to Halpin they were now better friends than they were some time ago, aud in a second after he heard the blow given. James Hore to Mr. Wall Was at Barronstown races, and was in Kennedy Brian's tent heard the noise of a blow outside, and the cry of murder" was raised before witness went out when witness went out he saw Halpin outside, and a boy in the act of rising bim saw Michael Dawson rising hi in when he went out he saw a boy running towards Tipperary Dawson and Ryan accompanied the witness ran more to the north of witness and lost sight of him for a short time took the path leading to Tipperary after going some distance, turned back and met the prisoner with Ryan and Dawson he asked how far Tipperary was from him; told him it was about a mile and a half he asked if it was after the boy that struck Halpin they were going they told him they were Bryan asked him if his name was James Hoare he (prisoner) was brought back to Sullivan's tent he bad a in Cross-examined by Mrr JoWstoHVV'aa assisting Brian in his tent that day on going otn there was no one near Halpin but Dawson, who Was rising him knows a woman named Anne Ryan it was she cried out murder, that Billy Halpin was killed; knows Mary Lynch did not see Mary Lynch at the races did not know the prisoner until he had been arrested. To a juror When he lost sight of the prisoner he did not go through a crowd.

John Ryan examined by Mr. O'Hara Was at the race ot Barronstown went in pursuit of the prisoner after Halpin been struck did not see M'Carty at all that day before did not know the person he was following went two or three fields in pursuit went out at a gate and when returning met M'Carty. Cross-examined by Mr. Johnston He had something in his hand there was no leather ou it, and the weapon was not like the stick produced. To a juror When we came up the prisoner was the first who spoke about Halpin.

Edmond Ran examined by Mr. Wall Was at the races at Barronstown last May was in Brian's tent; knew Halpin five years I left 'the tent and saw Halpin in a few minutes after; 1 was a few yards from the place where he was found stretched; I had some conversation with Halpin I heard the noise of a blow and turned round observed Halpin stretched on the field saw no person give the blow knows Anne Ryan does not know where she is now knows neither Dawson or Lee. Cross-examined bv Mr. Johnston It was about fitteen minutes from the time I left the tent till I observed Halpin stretched on the ground saw no person give the blow knew naipin nve years uiu not say to Halpin what friends we are now to what we were some time ago. To court My back was to Halpin when i nearu the blow.

Mary Lynch sworn ml examined by Mr. Hara Was at Barronstown races in May last; knew Halpin about five years knows M-Carty about the same time was at the end ot tsrian tent aoout six or seven o'clock in the evening there was a passage between Lee's and Brian stent; saw Halpin there another man who had his back to Halpin did not know the Iran saw M'Carty come and strike Haltiin with a loaded butt: was or three yards from the parties saw a stone in M'Carty's left hand and the loaded butt in the right hand Halpin fell when he got the blow on the back ot the bead; M'Carty ran away towards it isenorougu saw Brian following M'Carty. Cross-examined by Mr. Johnston at Knocklnng am married knows the Rev. Mr.

O'Brien my husband is in America earns my bread by misfortune never was at Barronston races before went there to see a brother was not in Brian's tent that diy was as close to Brian as I am now to the judge said nothing on seeing the transaction was at mass many times since my husband left liea bv misforture since Christmas was never charged with ai.y offences except for taking a hand- tul of potatoes, for which I gave a month in prison my husband was likewise in prison for stealing po tatoes. To court I could not say whether the person in the passage saw Halpin struck saw M'Carthy pass and look into Bynane's tent went past it, and came back, and then struck Halpin liaipiu was standing, and had his back to M'Carthy. To a juror Could not say but Halpin and 'Carthy knew each other. To Mr. Johnston spent that and the seconu night on the race course.

Dr. Mortissev examined by Mr. Wall Atteuded Wm. Halpin the nieht he received the injury saw him afterwards at his own house found him in bed in a very weak state; he was stupid and insensible that was on the night of the 30th paid him other visits till he died on the 8th ot June examineu him after he had died his death arose from a frac ture over the left ear it could have been lntlicted by a blunt weapon saw him between 8 and 9 o'clock the evening of the 27th every bone in the head was split the fracture radiated all over tbe bone of the skull. Cross-examined bv Mr.

Johnston Took a portion of the skull away the operation is performed by refining. This closed the case f.ir the crown. Mr. Johnston then proceeded to address the jury on behalf ot the prisoner. He detracted as much as any man the fact that country people could not meet at a race and enjoy themselves harmlessly ithout the committal of such offences.

He did not believe there was a tittle of evidence brought against the prisouer desei ving of credit. He was rather as tounded at the crown having sent up a dim lor inuruer. would show them the improbabilities, discrepancies, and uncertainties of the case be contradictions uf tha wit nesses, aud the unreliable evidence of the principal one- Mary Lynch. Mr. Johuston tbeu proceeded upoo a miout review of the evidence, and denied on tha part of the crown.

Air D'Hur. tit. nart of the CTOWO. In doing so lie said be was sure the jury would come to their verdict wholly uninfluenced by any rumour they mignr nave beard in reference to the case, and that if the evidence adduced was sufficient to fix the guilt on tha prisoner be was couvinced they wonld not shrink from their duty in bringing in a verdict of guilty. The learned gentleman then went minntelv through tbe evidence, and called ou the jury to find the prisoner guilty if they were satisfied with th.

Avn anc. nn ia narr fit tue crown. His Lordship charged the jury, and observed that the entire cae against the prisoner rented on tbe, evidenca ot Mary Lynch, the rest ot tbe evidence Being entirely conais-tpn, wbh th. innocence of the Drisouer. In the course of bis observations his lordship held out the conduct of Lee as one well worthy of linitation.

Tbe jury retired to their room, and returned after an absence ol nan an nour wun a Tciuivt. uui prisoner was then discharged. DASIAOR TO BOUSX FBOFEBTT. Jo Ifaltis and Michael Pollard were indicted for hsv. MrH nf M.v at Lower Bailingarry, wil fully and maliciously damaged tbe dwclling-lmaae of John Ti inrv was iinnanuelled Jam.

V. Browne. George Langley, Michael Manning, Thomas Brindley, Benjamin Wright, Richard Carey, Wil-liam J. Harvey, James Wallis. Joseph Backhouse, Alpheo rk itmivi narrow.

John Hayden, to Mr. Wall, Q.C.-Lives at Lower Ballin-garry knows the prisoners for the last ten or twelve years imn witness's force remeinbers the night of the 23rd of May was in bed that night, but not asleep heard the windows strucn ana tu su lamug oui ui arvtlw. and went with his two sons outside the frout door; saw two people outside, hut could not say who they were; they were going towards tbe mill, llie witness then detailed tne nature oi me injury uoue io mc On cross-examination by Mr. Johnston, the witness said ilauv, on nooL terms with tbe nrisoncrs. Haiden.

in answer to Mr. O'Hara, deposed that on that night he saw the prisoner pushing away from bis father's house; beard Pollard say, Work, boys, and wains say, Now, boys," and to the room wiudowa being struck. liavden crave similar testimony to that of bis bro ther, aud that he took a written notice off tbe door to thut effect: I do hereby give you notice tu be quitted in one mouth, or if not you may be sure ot tne deatn or ai uuire, for you are not one bit better than what be was; aud wer it Dot for regarJ to the man that ia sleeping over you, a also the family that tbe houses belong to, you would not let in this night until you wonld be burned alive, or the corner stones takeu out and the house let down ou (This notice was produced, but not proven in Constable John Davis, in reply to Mr. Wall, situation of Haydeu's house, aud deposed that ing the tiees about ths boose, a person could be stv of uior his 11 V-I -i ll-j Tnt, Pnll.rtt li nnvra an air. SOn itior son, and he oeposea mat ou ine was in bed asleep iu a settle-tad in the kitcbesj bu family were in tne Bouse tue same niguv.

Wire of Mrs. Catherine-." id jd-o tM 5 ar-aiiing ene r. -i-i jiUnao, lUttt not stu: uuiu clied ki seeing the prisoner and his brother in a struggle, and to his breaking the bayonet from the shaft never saw the bayonet, but heard that it was in the family. Win. Going, r.sq., deposed that he Knew the prisoner for years and never heard of anything ag linst him he had a racehorse, went to races, and went by the name ot Mad Larry thinKs ne is flighty.

Hainnden Lane, deposed that he knew the prisoner many years, and thinks him quite incapable of any such act thinks he was more sinned against than sinning. 1 l.e jury found the prisoner not guilty. MORE BURNING. David Toomu, John Long, and Patrick Dtcyer were indicted for having, on the 14th of March, set fire to the house of Elizabeth Mulcahy, at Bally- glass, in this county. Patrick Kvnn deposed he was Mrs.

Mulcahy dairy man he lived in her dairy remembers the night of the 14th of March went to bed that night about ten the two boys, Quinlan and Glasheen, had gone to bed then also got up shortly after going to bed, opened the door and saw the cow-house on hre about two-thirds of it were on fire; there were 28 cows there at the time the houne witness lived in was attached to the cow-house, and part of it was on the room he slept in was ou'hre twenty-one cows and some gates were burned the cow shed was all burned the shed was 121 feet in length saw the prisoners before hut did not know them. Mary Hyan SJtorn and examined by Mr. liara I am a sister of last witness I recollect milking the cows at five o'clock the evening of the burning did not go back that evening Kitty Mullowuey was with me I was in bed when I heard of the fire I went out but gave no assistance. Patrick Quintan examined by Mr. Wall 1 lived at Mrs.

Mulcahy's; recollects the morning of the burning 1 went out to the cow-house with Glasheen about half-past ten o'clock he had a candle in his band there was no appearance of fire then we were alarmed by the re about two clock it was at the end near the dwelling house the roof of the dwelling house was bnrned 1 saw no persons but those belonging to tb: bouse about the place when I went out. Thomas Glasheen sworn and examined by Mr. O'Hara 1 was at the farm minding the cows for Ryan was with the last witness at the stable the night of the fire I -went from one end of the cowhouse to the other with the light, the other man fullowiug me: I went to bed and on hearing about the fire, got up and saw the shed iu flames there was oo straw there; it was some old bay was under the cows. EuU-(Jonstable Baiter examined by Air. Mall 1 was stationed at Brookville, about a mile from Mia.

Mulcahy's house on the night of the fire 1 heard some uoise at the gate and saw thoe prisoners there; aked them what they wanted, they said mere was a nre np the mountain; it was then about half-past -o in the morning. Thomas Collins, subconstable, sworn and examined by Mr. O'Hara. Q.C I was stationed in Brookville the night of the fire, anil went out on the road upon information having been brought I went towards the fire, aud saw some persons staii'ling on the road 1 called out to them, but re ceived no answer I asked a second time but received answer, and then passed on 1 saw the three men about 138 yards from the bairacks, and ou going towards them they moved away; they were arrested and brought to the barrack (identities the prisoners as the parties arrested) ou returning from he fire I searched Long, and found ou him the greater pori.iun of a box of matches; on Dnyer also foui.i suie loose irt.tches tin, other prisoner, Tooiny, had some pawn tickets. The prisoner Long stated that be was not the first persou searched, aud that ihey had their pipes iu their caps.

Constable Keywell sworn and Hummed by Mr. vtali I assisted in the arrest of the prisoners they were brought to the wit after returning trom the hre, searched their caps, and everything on tnero there was notlmig in mem. r. U. Ilowley exammi oy tiara I am resiaent magistrate of itinerary these depositions (produced) were read over to the prisoners I gave the usual caution to tuein, and Tooiny stated that the three of them, Loug, Dwyer, anil Tooinv.

set the shed on the together I have no more to say each made their statements separately he signed bis mark to that the same caution was given to Long, and he stated, I can luwtully say that Toomy, Dwyer, aud set the sheds riallyglass ou tore with matches we had no reason for doing it, only that she refused to give us some thing to ea: Pat Dwyer was also cautioned, and stated he had nothing tn sar but that Joliu L-m-r, Tooiny, and be set hre to the sheds at liatlygtess, about one clock at night we had a box of matches between the three of us, and it was with them we did it we were tired from travel ling, and hungry, which was the reason we did it. To prisoners 1 did not promise rou liberty not the most remote promise was held out. The prisoners stated they confessed the crime because they thought they would escape by so doing. 1 be jury, without retiring, returned a verdict ot guilty. The prisoners were sentenced to fire years' penal servitude.

The court then adjourned to ten o'clock Monday inoruin CLONMEL Monday. Baron Deasy sat this morning at ten o'clock, and resumed the criminal business. The folic wing were sworn as a petty jury. Samuel Rrall, foreman Thomas Ffennell, George Langley, Michael Coleman, Peter R. Baufield, Thomas Grubb, Godfrey Philips, John White, Richard Casey, St.

George alansergu, Michael Greene, Charles IS. Lowe. GRIEVOUS ASSAULT. Patrick Nifiill, Connor JIayes, Thomas Ryan, Denis Corcoran, and Michael Ryan were indicted for a grievous assault on one Daniel Hourigan, on the 28th May, 18b2, and in another indictment were charged with a riot. Daniel Hourigan examined by Mr.

Wall, Q.C. Was at the race of Barronstown in May last went there on the 27th staid there that nighf, in John Bynane's tent next morning heard a noise of a party of boys wheeling" at the tent door, for the four-year-olds witness brother left the tent about an hour after the wheeling" saw bim running into a tent near to where witness was that was Maher's tent; the tents were some distance from the stand-house there were seven persons after his brother when he was running the prisoners were of the party, and others not now here (tdenti. fies the prisoners) Denis Corcoran was not there at the first, but he was there atter went out and asked what was the matter; and Michael Ryan and Michael Connell struck him with a loaded butt and knocked him down; does not know did Denis Corcoran strike him was beaten after he was knocked down they all had sticks in their hands went the length of the tent back before he was knocked down went home next morning went to Doctor Ryan after three days had passed over, and then went into the Limerick infirmary, where he remained for three weeks got the blows on his head. Cross-examined by Mr. Vowell At the side of the head got the second blow with a loaded butt, which knocked me down my brother and a boy went with me to the races had no sticks with us four of us went into the tent Michael Ryan, Patt Coffey, my brother and myself went into the tent; we had some porter; had whiskey in other tents; I suppose 1 drank a-half pint of whiskey during the day had half-a-glass of wuiskey after supper were amusing ourselves singing were not playing cards; could not say bow much 1 drank from attel supper till morning will swear neither myself or my brother were drunk swote in my iuforniations that the parties came to the tet.t wheeling" for tl four years-old (deposition read by the clerk of the crown, in which it did appear that the prisoners wheeled before the tent; all the parties named were there could not say whether they all struck me Patrick Nihill and Michael Connell struck me.

Martin Hourigan, to Mr. Was at the races uf Barroustown, 27th of May was at Bynane's tent that night; remembers having ordered breakfast; recollects parties wheeling" for four-years'-old, outside the tent neither myself or my brother went out then after some time went to another tent, and when returning was struck by Patrick Hayes and Michael Ryan; the other prisoners were there; saw my brother coming out of Bynane's tent saw Mick Ryan striae nun with nts nst ne was xnocKea down between the tents they were all about him Patt Nihill and John Corcoran had a loaded butt each I did not see any others with sticks (points out Mick Ryan as being the man he saw in the act of dragging his brother) went to my brother, and Mick Ryan (the prisoner) raised him up. To Mr. Vowel Had about four or five glasses of grog that day before going for auppei had a couple of pints of porter also would swear 1 did not drink half a gallon remained in Morgan's tent for a long time left at about 10 or 11 o'clock that night; took a little in Bynane's tent; could not awear how soon after hearing the shouting I went out went out first my brother was in Bynane's tent with me we were going to take our breakfast sees a cut on Michael Ryan's face; cannot say who gave it; knows he struck him did not strike Denis Corcoran; struck Jhu Corcoran did not strike Mick. Hyan or Thoiaaa Ryan.

I a to principally for the purpose ot mm. necessary Tor her support, ueswemen, iucihh Burke himsrlf tit in JrVaterford, in a hotel kept by Mr. and Mrs. Murphy. He boarded there, and the last visit which Johanna Burke paid to Waterford, before the occurrence took place, was in August last, that is in August, ISGI.

Gentlemen, it will appear in evidence that she wrote a letter to Mr. Murphy, in whose bouse Kichard Durxe was boarding, makine certain inquiries with respect to a report which was then in existence in Waterford, affecting the character of Richard Burke, in connexion with a female in Waterford. Mr. Roltestone How can that be evidence! His Lordship I do not see as yet, but I am sure the Solicitor-General will make it evideoce if he states it. The Solicitor-General You may trust entirely to me; 1 will not at-te anything 1 win not matt evidence.

Gentlemen, she wrote, as 1 have stated, to Mr. Murphy, inquiring with respect to the nature of the report, and the reason 1 state that is, that Richard Burke made some such answer as this, that she ought not to meddle in matters that did not concern her. Gentlemen, Mrs. Burke did not appear to be satisfied with what then took place, for she herself came down to Waterford in August for the purpose of getting separate maintenance from her husband. She toM Mrs.

Murphy the purpose for which she came. They spoke on the subject. The result of it was some discussion amongst them, which ended In this, that Burke, on that occasion, gave his wife, I think, the sum of 5, and she re turned to Clogheen. I advert to these circumstances as affecting him in this way as showing that Mrs. Burke, on that occasion, exhibited feeling of jealousy towards her husband, and the exist ence of that feeling was communicated to nun, was known by him, and was naturally calculated to excite his mind feelings of not a very agreeable or affectionate nature towards his wife.

Gentlemen of the jury, she returned to Clogheen, and there remained up to the time of the fatal occurrence, into which we are now inquiring. On the 8th of March last the prisoner came to Clog heen, and paid a visit to his wife, lie remained there from the Saturday until Monday, on which day he returned to Waterford. On that visit, the prisoner, it would he proved, was perfectly kind. and having inquired after her health, said he would send her some medicine. He said Dr.

Harrington got a recipe that would cure ber, and that that receipt had cured his sister. He did send her the medicine, and wrote her the following letter tt Board Room, Mr DsiSBST JoHlUHi I a-rived here on Mnnoi morning, precisely at ten o'clock, and ever aince had not time to write to you, being th. greater part of two days attending conrt, to give evident, in the case of Carroll v. Peet, which is fully reported in The XeteM, which I send you by this post. 1 hope yon are now better than when I saw you indeed your breathing, and the pulsation of your heart, resrtnb'ing an okl contitry watch, were dreadful.

Lose no time in taking tbe medicine which I got prepared, according to the written directions on the bottle. I will aend tne coffee made up in a small parcel by train on Mouday. There no doubt it will serve you. He makes some inquiries about the Mooney'a, and concludes, My dearest Johanna, your husband till death, Richard another letter, he says Mr Deibest Jonx'saa I bare received yours of 25tb, and have to inform yon that tbe letter aud the parcel containing the coffee has been sent by me by traio this da)-. so you will probably have it as soon as tbis note.

11 yon iika it let me know, and I shall send you some fresh roasted once a week or fortnurht. I trust the medicines will turree with von. As I told rou before. Dr. HirringUn ia of opinion that if you coutioue to take it too will get rid of that oHioua complaint under which you are laboring so long.

When taking tbe medicine pat some sugar or a luienge into your mouth, and yon will be able to retain it oa your stomach. I think it will be found that that letter was written on Friday, the 28th of March. The parcel arrived on the 28th or 29ib of March by the mail car, and Mrs. Mooney will tell you what it contained. Gentlemen, that parcel contained three matters: one coffee; secondly the bottle of medicine which is referred to as having been made up by Dr.

Harrington, with his name upon it, and which bottle contained essence of turpentine, and the direction on it, to be taken twice a week, and mixed with a little brown sugar;" and thirdly, gentlemen, that parcel contained a white paper packet, made up evidently not by an apothecary, but by a person not an apothecary, and upon that white paper packet was the endorsement, a dose of salts aud majnesia, to be dissulved in cold water, and taken at bed-time." Taken at bed-time, gentlemen. That coffee was innocent that bottle of turpentine was innocent but the third was the fatal packet which contained the strychnine which caused that woman's death. And, gentlemen, we are in a position to state to you that the endorsement I stated, on the fatal packet, ia in the handwriting of Richard Burke, the prisoner at the bar. Gentlemen, I have told yon that the contents of that white paper consisted of three matters, namely, Epsom salts, magnesia, and strychnine. Magnesia and strychnine, to an ordinary observer, are alike in appearance they are both while powders, and, mixed together, they would not be detected by an ordinary observer to be anything else but magnesia.

Epsom salts, on the other hand, is quite dissimilar. It is, as you are aware, in crystals, and is not like the ordinary white powders of magnesia or any other of the kind. It would not do, therefore, to mix strychnine with Epsom salts alone. It was mixed with magnesia so aa to effectually conceal the appearance of strychnine, and to lead any casual observer to believe that the packet contained only what it purported to contain, A dose of salts and magnesia, to be taken at bed time." Gentlemen, it will be proved lo you that Johanna Burke kept the contents of that buttle of essence of turpentine, and the white powder containing, as she supposed, salts and magnesia, in a drawer cf a io the parlour, which she kept locked herself; and both Alice and Hanna Moonvy will prove to yon, as I am instructed, that tbey frequently taw both the bottle of turpentine and also the white paper which contained the powders in the drawers of the side-board, and that that is the same packet which was found in tha bouse, which was in tha parcel that evening when she took that medicine, and which was given on the next day by Hanna Mooney to the constable, and by him to tha doctor, and which, it will be proved, contained the fatal poison. She kept it tor a considerable time without taking it, for she got it on the 29th March, and did not lute it until the 14th April.

She took neither the turpentine nor the contents of the packet, supposed to be salts and magnesia, for it will be proved that that little parcel containing the essence of turpentine was found full after her death nothing had been taken out of it. Richard Burke wrote to hrr a letter of the 12lh ApriL This letter reached Lit on Sunday morning, the 13th the Terr morning before she took the fatal dote, and that letter is in these terms rx April IS, 181 My Daaaxsr bad not time to write yon a Una all tbe week aiom I sirenved yours 1 eadese kaaf-wates for two ponud 1 the oorrrapooditic halms I will tea by to-morrow pa so that you will bare that availsU. Monday moramg. Mr. Harruurtoa iaaastoas te ksww if yon are taking the saediciae, and iu aff-jcts 1 )eo wdsavoar to have the bowel always regular.

He tar-- let kndsT-vjIhjng is yaw sutxt latter, that I aur iu-lorn, bun accord uigly, and above all, if pom kaa oar attack of spilepsy since yoa first tuuk tin SMslicue, eahe, That is the first and only letter ia avbica tac word aalu" acctin; that ia baa only letter ia wh ets he fnn CaSi S. whic.T a party was indicted tnose for the Thiebault, you will have nothing to doiitt (i case has been already disposed of. Tijatr 3i0 will go before you, gentlemen, in the mce, and in case you find bills, then biwj petty jury to dispose ot tliem finally, iheitten body for that purpose. There are also twje ise assault, and two of incendiary fires to hefi t'posed of. In one of the cases on the hat of the murder of Michael Maguire, 1 beiievett is not the intention of the crown to send up bills you on the present occasion, and you will tHerJiore be relieved from any inquiry into that''' I litre is anoluer case 111 wnicn a u.au is char.V th administering poison to I.

is wile, in la true bill was found at the special at the request of the prisoner the trial stponed to the present assizes. In couse- of that postponement the indictment was QUJlf anil now a new win -iii ue tijR'n you will consider. In that case two questions will arise one, whether the poison was administered, and another whether there is evidence sufficient to warrant you in rinding that the death was so caused. No doubt the professional evidence will be sufficient to decide tlse first question so far as you are ci.r,me!. ar.d you will then consider whether the remainder of the evidence, which is of a circumstantial character, isof such a nature as, uncontradicted, would induce a petty jury to find a verdict.

In that esse you will find a verdict against him. There are three other cases of homicide, and on them I may that according to law if a person inflicts an in jury oo another wiinnui any suiiaeu uiu, irmw, and although he may not contemplate serious results from that act, still if serious consequences do result, if ieath follows that act, that man so inflicU ing that injury must be held guilty of murder, and the grand jury must find a true bill for murder. But the law, gentlemen, makes allowances for human weakness, and it says that if an injury be inflicted under the provocation of sudden injury, under the excitement engendered by such an act, then it assumes the more mitigated form of manslaughter. It will be for you, gentlemen, in those three cases, to apply the distinctions to which I have called your attention, and decide whether they come within the one category or the other you will say whether the provocation to induce such an act did or did not exist. In those cases, in which bills will be sent up to you, their serious results may be traced to that sens less, most mischievous practice of faction-fighting which still disgraces your county.

It is much to be regretted that the farmim: class. without the existence amongst them of religious or political differences, trivial as they are, should inflict such injuries, and deprive each other of life for a difficult to r. and from giving to one another ehildis'i apr equally hard to under stand. When we reflect on the consequences resulting from those acts, one would hope that the consideration of those results would induce the people of tins' county, who are not inferior in intel-llireiiee or ciiDahilnies to the inhabitants of the neighbouring counties, to abstain from such very senseless practice. No one can fully estimate the sufferings inflicted on an humble when the bead of the family is laid low in blood; but the suffering is not confined to that The law reouires that the person inflicting the injury shall suffer either by the loss of life in the one case or the Deprivation 01 iiueny the other.

If the offender is so fortunate as to escape th. more serious punishment which the law inflicts for homicide, he will have to submit to the depriva- linn of his liberty for the lesser crime of manslaugh tar. The result of that conviction on the offender will be the non-cultivation of his farm, the nonpayment of his rent, and the utter loss of all that nrooertv out of which his family is to be maintained. On would hope that the certainty of those results would be sufficient to deter those people from the of those very senseless and very mischievous practices, and I do hope that those who exercise influence over the people will not fail to place those results before them, ho the fear of punishment or through influence those scenes may be put down here as they have been in other parts of Ireland. There are two cases of incendiarism to go before you, of a nature to indicate a spirit lik.lv in result in more serious offences.

The state riU.uUr due not nresent a favorable pros pect for the comin? winter, but we may hope for things. The state of the weather has more I.e. an effect on rrim. hut we may trust that the coining harvest will be better than that of the tm orecedins years, and thus remove, for the com ing winter, any inducement to crime. His lordship concluded by pointing out to the grand jury cer- tain alterations which be said were absolutely ne- to be carried out in order to ensure In due administration of justice in the courts.

The grand jury here retired. FELONIOUS ASSAULT. Wahk was indicted for a felonious assault on the person of Anne Willis, at Carnally, on the 14th of June, 1862 a second count for actual bodily barm, aud a third count for common assault. FETT JtT. Hot, -W Godfrey Philips.

Robert n.nL Cjr.r William Kvall. Michael Greene. Joba Browne. Charles B. Lowe, W.

H. B. Mulcahy, Denis TV P.ll vv Mlr.hr Piiilio Sliee. Mrs. Anne Willi, to Mr.

Wall. Q.C. Is a mar ried woman in June last lived with Mr. Hanna, in Carriek-oo-Suir bad a child at Kilsheeian, and went to see her in June came to Clonmel remained one night in Clonmel left Clonmel on the seven o'clock train next evening for Baosha; was in a third class carriage all the people got out of the carriage at Caher but the prisoner and herself was subject to attacks bad one the night before, and her left band was powerless; the prisoner asked her how far she was going, ana aba said to Bansfca; be Began ias.ro of May and I waited up fur mm till he came borne bout l'J clocK we were speaKing at me nre, ana ftp some time got a scent of hre we looked about saw the roof part of the house on hre, and the smoke coming in between the thatch and the wall was not on fire inside we then ran out the smoke was coming trom the rere ol ti.e use my son ent out first, and I followed him I went to the place where the smoke was coming from, and saw John Lanay at the oilier side oi the ditch he was on'y two yards from the hse when I saw him he was comiug from the direction where the fire was I went to try and extinguish the fire, and to save my family from being burned when we beat down the tire we found three red scraws ot turt in tne roor attacnea to tne xitcnen part, and another in the room part, and a piece on the grass the one on the ground was red also the roof was burning where they were it was a calm night I am certain the prisoner is the man I saw before that I saw a uvin and a woman passing own by the wall it is a public passage it was about five minutes before I saw Landy they were going towards the high road. To a luror i was about two yards ot Landy when saw him I did not accuse him of setting the house on fire he was running a way.

Cross-examined by Mr. Vowel! The bouse was Landy's before I went into it did not see him put the fire to the roof did not see the smoke when the two persons were passing. Mr. Vowell cross- examined the witness with regard to some proceed ings before Mr. How ley, and if he bad not been threatened with being put into the dock for perjury and in reply the witness said he did not hear the chairman say that had never been hunted out of Clonmel by bis priest.

To a juror When Landy was running sway he did not go in the direction of his house. John ritzgibbon examined oy Mr. tiara Lived in Glounaskeough last Apiil returned on the even ing in question from Callan his father was waiting up for him after supper heard some persons passing by the door; saw a woman ana a low-sizeil man go by was at the door when they were passing my father was standing at the door also the woman name is Alley Nagle; she lives with the prisoner; in five minutes alter found a smell of burning then I lit the candle aud found the smoke coming in from the roof into the kitchen ran out to the upper end of the house; a ditch was leading from the corner up the borheen when I got to the ditch I saw a man standing about two yards from the fire I knew the man (identities the prisoner). To foreman There were no scraws put in the thatch hen building; they mu.t have been put there by some one. Jeremiah Nolan, constable, examined by Mr.

Wall I examined the house the night after the fire, and found the eave of the bouse partly consumed with fire I found some pieces of turf stuck in the eave over the kitchen, and off the little room I found a cinder. Cross-examined by Mr. Vowel Any one trying to burn it must have gone to some trouble, as the thatch was very matted there is a public borheen passing in front of the house I consider the prisoner to be a quiet, sober, industrious man Fitzgibbon is a tailar, and roams about from place to place John fitzgibbon said his father knew who set the house on fire. To a juror I did not ask him why he suspected John Landy. To court The father said he suspected Landy, but did not state the reason.

His Lorhship then proceeded to address the jury. He spoke of the seriousness of the offence, where human life was endangered by such a malicious act, and then reviewed tbeevidence adduced, after which the jury retired, and returned a verdict of not guilty. ASSAULT. Laurence Keilu, an man, was indicted for having, on May 26tb, 1862, assaulted one Patrick Fitzgerald. Patrick Fitzgerald, to Mr.

Wall, deposed that he lived at ulengoule knew the prisoner a long time got a farm he was tenant of before got it on the 28th of May twelvemonths went in May last with some cattle to that farm was in the act of driving them into the field when he saw the prisoner in the field he had a pole in his hand ith a bayonet on the top of it te had the weapon raised in bis hand witness ran at him to catch him (the weapon was here produced, and seemed a most formidable weapon) he made a blow at witness with a hand-stick, find witness warded it off, and also a blow hi r-'T 1.