The Banner of Ulster - Friday, 1 July, 1842
Marriages.
On the 25th ultimo, at St. Mary's, Bryanston Square, London, by the Hon. and Rev. William Talbot, the Hon. and Rev. GEORGE GUSTAVUS CHEYWYND TALBOT, Rector of Withington, Gloucestershire, fourth son of Earl Talbot, to EMILY SARAH, second daughter of Henry Elwes, Esq. of Colesbourn, in the same county.
On the 7th of May last, at Kingston, Jamaica, JOHN VINCENT LEACH, Esq., Deputy Provost of that island, and formerly of Gloucester Street, Dublin, to MARGARET, youngest daughter of the late Milo Burke, Esq. of Spanish Town.
On the 21st ultimo, at Newmills Church, Drumglass, by the Rev. J. R. Darley, the Rev. W. J. THORNHILL, of Arklow, to MARY ANNE, only surviving child of the late Richard G. H. Young, Esq. of Cookstown, county Tyrone.
On Tuesday the 27th ultimo, by the Rev. Henry Simpson, Saintfield. Mr. ROBERT BENNET, Tullywest, to MARY JANE, daughter of Mr. Birch Morrow, Lisburn.
Deaths
On the 29th ult., at his residence, Islandreagh, in his 49th year, Mr. ROBERT LAWTHER -- a man of integrity and worth -- an excellent neighbour, and a faithful friend.
On the 17th ult., at Londonderry, MARY LETITIA, wife of Lieut.-Colonel M'Master, E.I.S.
On the 26th ult., at his house in Bedford Square, London, the Right Hon. Sir JOSEPH LITTLEDALE, late of the Judges of the Court of Queen's Bench, aged 76.
At William Richards's, county Wexford, Miss RAWSON, eldest daughter of the late Colonel Rawson, for many years M.P. in the Irish Parliament.
At Londonderry, on the 17th inst., MARY LETITIA, wife of Lieut.-Colonel M'Master, E.I.S.
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Banner of Ulster - Tuesday, 5 July 1842
Marriages.
On the 20th ultimo, in Kilmore Church, by the Rev. F. M'Cullagh, Mr. RICHARD M'CREADY of Newtownards, to Miss ELIZA ANNE SCAY of Kilmore.
On Sunday last, at Dromena, near Castlewellan, by the Rev. Mr. Haggarty, P.P., Mr. MICHAEL GOODMAN, to Miss M'CARTAN, eldest daughter of Mr. Edward M'Cartan of
same place.
On the 25th June, by the Rev. David Adams, Ahoghill, Mr. W. J. COOKE, State of New York, to ELIZA MARGARET, eldest daughter of Mr. James Bennett, Ballylummin.
On the 30th ultimo, at Pinehill, by the Rev. James Bellis, Dervock, HUGH BELLIS of Liswathy, Esq., to JANE, eldest daughter of the late Rev. Matthew Elder, Kilraughts.
On the 30th June, in Mullabrack Church, by the Rev. Wm. Gray, JOHN WILLIAM M'MASTER, Esq., Gilford, county of Down, to MARY HERRON, daughter of Barnett M'Kee, Esq., J.P., Markethill.
On the 1st July, in Rathfarnham Church, the Rev. HENRY FRANK BEASLEY of Great Budworth, Cheshire, eldest son of Thomas Thomas Beasley of Seafield, in the county of Dublin, to BARBARA GERTRUDE, second daughter of the Rev. James Hill Poe, Rector of Nenagh, in the county of Tipperary.
Birth.
On the 25th ultimo, at Cavan, Mrs. STUART, of a son.
Deaths.
On Friday the 24th ultimo, at Warrenpoint, Mr. THOMAS KNOX of Armagh, in his thirty-second year.
On the 27th June, in the forty-sixth year of his age, SYMEON PINTO BUGGINE, Esq., Vicar Choral of the Cathedrals of Christ Church and St. Patrick, and Member of the Choir of Trinity College.
On Tuesday the 28th ultimo, Mr. SAMUEL MACARTNEY of Ballymucklehoyle, Killead, aged seventy-eight years.
In Dublin, on the morning of the 29th June, after a short illness, aged sixty-four, ROSE, the wife of Samuel Jameson, Esq., late of the Royal Tyrone Militia, and formerly of Downpatrick.
On the 28th instant, of consumption, in the house of Mr. Samuel Bell, Mr. JOSHUA FIELDING, Professor of Music and Dancing, aged forty-seven years.
At Newtownstewart, on Wednesday the 15th ultimo, ELIZABETH JACK, aged seven years, eldest daughter of Mr. Andrew Jack, merchant.
On the 29th ultimo, at his house in Bedford Square, London, the right hon. Sir JOSEPH LITTLEDALE, late one of the Judges of Court of Queen's Bench, aged seventy-six.
At William Richards's, county Wexford, Miss RAWSON, eldest daughter of the late Colonel Rawson, for many years M.P. in the Irish Parliament.
On the 27th ultimo, aged seventy-four years, Mr. JAMES M'KIBBIN of Killydressy, near Portaferry.
On the 29th ultimo, MARY, wife of Mr. James Stewart of Quintin Bay, near Portaferry, aged sixty-three years.
On the 4th instant, Mr. JAMES SHANNON of Belfast, formerly of Manchester, aged twenty-six years. Beloved and respected, he is deeply regretted by all who knew him.
Clippings
Shipping Intelligence.
PORT OF BELFAST.
ARRIVED, June 29. -- Sisters, Gunn, Liverpool, salt; Laurel, M'Millan, Newcastle, general cargo; Aurora (steamer), Anderson, Glasgow, goods and passengers; Athlone (steamer), Davies, Liverpool, goods and passengers; Athlone (steamer), Davies, Liverpool, goods and passengers; Diana, Murphy, Redbay, stones.
SAILED, June 29. -- Birmingham (steamer), Church, Dublin, goods and passengers; Scotia, (steamer), Fairburne, Fleetwood, goods and passengers; Vriendschap, Sasp, Liverpool, ballast; Tartar (steamer), Stewart, Glasgow, goods and passengers; Ruby, Rodgers, Larne, wheat. -- 30th. Reindeer (steamer), Head, Liverpool, goods and passengers.
DEPARTURES OF STEAMERS.
Liverpool, the Falcon, Gowan, this evening, at six o'clock.
Carlisle, the Antelope, Macpherson, this day, July 5, at six o'clock evening.
Whitehaven, the Earl of Lonsdale, Thompson, to-morrow, July 6, at half-past six o'clock morning.
Stranraer, the Maid of Galloway, Haswell, this day, July 5, at ten o'clock morning.
Fleetwood-on-Wyre, the Scotia, Fairburne, to-morrow evening at seven o'clock.
Harve-de-Grace, calling at Kingstown and Plymouth, the Duke of Cornwall, Mills, this evening, at 6 o'clock.
Dublin, Birmingham, Church, on to-morrow, July 6, at seven o'clock evening.
Greenock and Glasgow, the Aurora, Anderson, to-morrow, July at eight o'clock, evening.
Whitehaven, the Earl of Lonsdale, Thompson, to-morrow, at half-past 6 o'clock, morning.
Liverpool, the Reindeer, Head, on Thursday, July 7, at eight o'clock evening.
Liverpool, calling at Larne, &c., the Coleraine, Johnstone, from Portrush, on Thursday, July 7, at nine o'clock morning.
SAILINGS INWARDS
The Temperance, Coey, hence to Loudon at Deal, on 27th ultimo.
The brig Cordelia of Belfast, M'Millan, hence to St. John, N.B., with passengers, off Partridge Island, on 15th ultimo.
The barque, Tom Moore cleared at Quebec for this port 1st ultimo.
The Eleanor, Brown, cleared at St. John, N.B., for Belfast, May 31.
Lady Ann, Nicholson, of Belfast, from Maryport, 30th June.
The barque Brothers of Newry, Daniels, cleared at St. John, N.B., for Liverpool, May 30.
Robert Burns, Teare, from Stromness, to Dublin, June 25.
SAILINGS OUTWARDS
The steamer John M'Adam, front the Cove of Cork, June 29th, for Halifax.
From Liverpool, July 1, the Denmark, Foster, for New York.
The Ondiaka, Childs, cleared at Liverpool for New York, 29th ultimo.
The Gondola of Belfast, Warnock, sailed from Liverpool for Port-au-Prince, June 30.
The Denmark, Frost, sailed from Liverpool for New York, July 1.
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QUARTER SESSIONS FOR BELFAST DISTRICT.
(Some Tithe Cases)
The applications for spirit licenses were not so numerous as usual -- it having, we presume, now become pretty manifest, that the business of a publican is by no means a "paying" speculation for new beginners; nor was the caution observed by the Bench of late, in granting licenses for additional public-houses, in any degree relaxed on this occasion. The Lisburn Magistrates, so far as we have observed, have not permitted a single application for a new license to sell spirits in their town to be allowed for several Quarter Sessions past.
The civil business having thus been got through, the following gentlemen were called to the box, and sworn as a
PETIT JURY:-- Messrs. James Keegan, James Kirkwood, John Kelly, Wm. Kennedy, Hugh Kelly, John Kennedy, Robert King, James Keyland, George Kenzie, Joseph Lee, Alexander Maguire, Peter Lundy.
The following criminal cases were then gone into:--
James Hutton, indicted on one count for assembling, with others, at Belfast, on the 30th May last, and committing a riot. He was also charged, on other counts, with an affray, and with an assault on R. D. Coulson, Esq., Police Magistrate.
Mr. Coulson, being sworn, stated that, having received information on the evening of 30th May that a riot had commenced in Millfield, he proceeded thither, accompanied by Chief Constable Lindsay and Mr. Armstrong, and found two hostile parties, numbering about 150 a-side, engaged in throwing stones. He saw the prisoner, in particular, lifting a stone, and immediately took him into custody, Mr. Lindsay seizing him at the same time. The mob manifested a disposition to rescue the prisoner; but he (Mr. Coulson) retained his hold of him until Mr. Lindsay was knocked down, when he escaped for a time; but he pursued Hutton, and retook him. At the comer of Brown Street, witness was frequently struck with stones; but the prisoner did not attempt to strike him.
The Jury returned a verdict of guilty.
Mr. COULSON pleaded for a mitigation of punishment, on the ground that no renewal of the riots of the 30th May had occurred in the same neighbourhood.
To be imprisoned for three calendar months from the date of committal.
William Keirs, a shoemaker, for a riot and affray at the same time and place as the prisoner in the foregoing case. Submitted; six weeks' imprisonment and hard labour.
Mr. Erskine, Governor of the County Jail, applied to have the prisoner confined there, where he would be provided with work at his trade, the stone-breakers yards being already much crowded.
The BARRISTER said, Mr. Erskine should have the custody, after conviction, of any tradesmen he might require.
John Johnston, for a riot and affray at the same time and place as the above. Submitted.
Chief Constable Lindsay took occasion to state that the prisoner had thrown no stones during the riot.
Ordered to find securities to keep the peace, himself in £10, and two others in £5 each.
James Moore, for stealing, at Belfast, on the 20th April last, a coat, the property of Robert Young.
Guilty; to be transported for seven years.
It was stated that the prisoner had been convicted no fewer than four times since April Sessions, 1841.
On receiving sentence, the prisoner warmly thanked the Barrister for the favour he had conferred upon him.
Patrick M'Allen, a boy about fourteen years of age, for stealing, at Islandmagee, on the 20th May last, a watch, the property of Alexander Morrow, his master.
Guilty; nine months' imprisonment, at hard labour. The Barrister told the juvenile prisoner, who was an acquaintance of considerable standing, that he should be transported if ever convicted again.
ROBBERY OF LINEN.
Francis M'Cleave and George Fearon, two carriers' porters, for stealing, at Belfast, on the 11th April last, four pieces of linen, the property of Mr. John Finlay, linen manufacturer, Banbridge.
Mr. Finlay gave evidence of having transmitted, on the date named in the indictment a parcel of linen, to be delivered to Messrs. Orr & Co., linen bleachers, Belfast; the carrier to whom it was delivered was named Prenter. This parcel was stolen, but he afterwards saw it in the custody of the Police, and knew it to be his own property. The linen was worth £20. One of his young men, who was in Court, could give evidence of its identity.
Prenter, the carman, proved that he brought the linen to Mr. Young's yard, George's Lane, Belfast. It was there put, for safety, into an outhouse, from which it was stolen.
Both this witness and Mr. Young's porter (M'Aravey) proved having seen the prisoners about Mr. Young's concern on the day in question.
A Dungannon carrier proved that the two prisoners employed him, at the White Cross Inn, Belfast, to carry a keg to Dungannon, which keg contained four [--?--] of linen. He saw the prisoner Fearon in Dungannon about a week after. He was directed to deliver the keg to a person named M'Kenzie, but was afterwards ordered to bring it back to Belfast, which he did.
Mr. Wither's clerk to Mr. Finlay, proved the identity of the linen.
The property was traced from one hand to another till it was finally delivered to Messrs. Orr & Co.
Both prisoners were convicted; sentence -- three months' imprisonment.
Alexander Neill, for stealing, at Belfast, on the 5th May, a watch, the property of Robert Burkitt. Submitted; to be imprisoned for one fortnight.
James Ward and James M'Henry, two very diminutive lads, whose heads were scarcely visible above the front of the dock, were charged, the latter with picking the pocket of Mr. John Black of a handkerchief, and the former for receiving said handkerchief, knowing it to have been stolen. M'Henry guilty; six months imprisonment. Ward (who had, notwithstanding his extreme youth, been already convicted of several larcenies) was acquitted.
The BARRISTER, in charging the Petit July in this case, and after sending a policeman to request the attendance of the Foreman of the Grand Jury in court, said that there had been two bills of indictment sent up to the Grand Jury against the two prisoners -- one against Ward, for larceny, and another against M'Henry for receiving, knowing to have been stolen. For some reason for which he could not account, considering the nature of the evidence against the former, the Grand Jury had ignored tho bill in Ward's case, and found bills against both for receiving. The result was a complete failure of justice as respected Ward, whom the jury must now acquit. He was the more surprised at the decision of the Grand Jury, as he uniformly took much pains to instruct them as to the mode of procedure in such cases.
The Foreman of the Grand Jury (Mr. Hugh Halliday) shortly afterwards attended, and explained the reasons for the course adopted by them. There had, at first, been but one bill sent up against the prisoners, which they ignored, there being no evidence of larceny against M'Henry. A second bill was sent up, and the jury thought it the most advisable course to find bills against both prisoners for receiving, as both had been present at the commission of the offence.
The BARRISTER told the foreman that the explanation was by no means satisfactory.
Margaret Rea, for stealing at Belfast, on the 20th April last, a flannel petticoat, the property of Samuel M'Neilly. Submitted; six months' imprisonment.
Jane Crilly, for stealing, at Belfast, a piece of brass. Submitted; one month's imprisonment.
James Dornan, for stealing, at Belfast, on 6th May, a drinking glass, the property of John Milligan. Not guilty.
Mary Jane Maguire, for stealing, at Belfast, on the 27th May, a frock, the property of John Davey. Guilty; three months imprisonment (second conviction).
Alfred Robinson, a Swede, and Thomas Burrowes, a Plymouth lad, two sea-boys, for stealing at Belfast, on the 31st May, £16 10s. in sovereigns and half sovereigns, the property of Henry Ivey, master of the sloop Brothers. Both guilty; Burrowes to be imprisoned for nine months; Robinson to be transported for seven years.
Rose Forsythe, for stealing, at Belfast, on the 3d June, a hat, the property of John M'Aleer, Hercules Street. Guilty (second conviction); to be imprisoned three months from the date of committal,
Mary M'Anally and Sarah Robinson, for assaulting John Ryan, at Belfast, in May last, and for robbing him of a watch, a shirt, two pairs of socks, a hat, &c., his property. Guilty; six months' imprisonment. The evidence in this case made it apparent to all who heard it that the indictment against the prisoners should have been for highway robbery. The prosecutor was on his way to the infantry barrack, and, in its vicinity, met the prisoners and a male accomplice, the latter of whom knocked him down, and, while he was hors de combat, the two females rifled his pockets, and ran off with a bundle of dirty linens and other apparel, which he was conveying to a laundress.
In our humble judgment, there was a "failure of justice" in this case; for, had the prisoners been tried and convicted for the more serious felony, they would, in all probability, have been transported.
Ellen Guthrie, a respectable-looking woman, for stealing, on the 6th May, at Ballylinney, a bank note for 30s., the property of Francis Burgess. Not guilty.
Silvester M'Gartland, for an assault on Bridget M'Cashin, in Green Street, Belfast. Guilty; to be imprisoned for three months, and to provide bail to keep the peace towards Bridget M'Cashin, his wife, and all her Majesty's subjects, for three years; and to suffer a further term of imprisonment of nine months, if such securities be not completed.
Jane Quigley (a wretched-looking object, with an infant in her arms), for stealing, at Belfast, on the 24th May, a blanket, the property of Hugh Savage. Pleaded guilty; one week's imprisonment.
Sarah Armstrong, for stealing, at Belfast, on the 14th June, a pewter measure, the property of Hugh Young. Submitted (second conviction); three months' imprisonment.
James Lecky, for stealing, at Belfast, on the 14th June, a saddle, bridle, currycomb, &c., the goods of Wm. Wilson, Esq.; also, on another indictment, for stealing a bridle and sundry other articles, the property of Charles Callin. Submitted; to be imprisoned for six months, and kept to hard labour.
The BARRISTER remarked, in passing sentence, that the crime of the prisoner stood in a different light from a common offence, the robbery being a flagrant breach of trust to his master (Mr. Callin).
His Worship ordered the money (10s.) found on the prisoner when arrested to be given to the prosecutor.
James Shaw, for stealing, at Belfast, on the 18th May, three pieces of cloth, a napkin, linen sheets, &c., the property of Thomas Verner, Esq. Submitted; six months' imprisonment.
Mary Daly, for receiving, knowing them to have been stolen, two shirts, two waistcoats, and a silk handkerchief, the property of Thomas Verner, Esq. Guilty; three months' imprisonment.
The Court adjourned, at six o'clock, till nine next morning.
-- -- -- -- -- -- -- -- --
Saturday, July 2.
A Petit Jury having been sworn, and a few unimportant cases heard,
Francis Friars, a bailiff, was indicted for stealing a soldering-iron, the property of Holden & Pearce, Phœnix Foundry. Guilty; 6 months' imprisonment.
INCREASE OF JUVENILE CRIME IN BELFAST.
The following, and other similar cases tried yesterday, prove that juvenile crime is on the increase in Belfast:--
Patrick Quin (a boy aged about 10 or 11 years, but who had, nevertheless, been tried seven or eight times for larceny) was indicted for stealing, at Belfast, on the 26th April, the sum of £1 5s. from the office of Mr. John Jackson, provision merchant. Guilty; seven years' transportation.
Thomas M'Comb and James Campbell (both paupers, and the youngest culprits we have ever seen arraigned in a court of justice -- their ages being respectively about 9 and 7 years), for stealing, at Belfast, on the 24th June, a piece of pork, the property of Mr. John Jackson.
The BARRISTER told the first witness (M'Neill, one of Mr. Jackson's youngmen), that when he detected these children with the trifling article they had stolen, he would have pursued a wiser and more humane course in giving them a good whipping, and then sending them about their business, than in having them taken to the Police Office, and committed to jail. In charging the jury, his Worship observed, also, that it should be a question with them whether the prisoners were aware of what they said, when they uttered the plea of "not guilty." For his own part, had he stood in Mr. Jackson's place, instead of sending two beggar children, of such tender years, to jail, heg would have adopted quite a different course -- though not technically the legal course -- namely, to have flogged them well, and sent them home to their parents!
Mr. Lee (one of the Jurors) -- It is quite a common practice in Belfast, your Worship, for parents to send out children such as these to steal.
The Jury found M'Comb (the lesser of the prisoners) guilty, and acquitted his accomplice.
The BARRISTER (to M'Comb) -- Have you a father, child?
Prisoner -- I have, Sir.
BARRISTER -- Of what trade is he?
Prisoner -- He is a brickmaker, Sir.
BARRISTER -- Was it he who told you to steal the pork?
Prisoner -- No, Sir, it was not.
BARRISTER -- Did you know that what you were doing was wrong?
Prisoner -- I did.
The DEPUTY CLERK OF THE PEACE -- Is your father able to support you? How much does he earn in the week?
Prisoner -- He only earns 2s. 6d. a week.
DEPUTY CLERK OF THE PEACE -- How comes it that he can earn no more?
Prisoner -- Because he can get no trade (work).
BARRISTER -- Would your father take you home if I let you off?
Prisoner -- He would, Sir.
The Barrister then desired the child to be discharged, and told him to be careful to abstain from theft in future.
Joanna Cassidy, Ann Cullen, and Jane Kane, for stealing, in Donegall Place, Belfast, on 17th June, from the person of Margaret Ann Girvan, of Malone, two half-crowns, a shilling, and a sixpence.
The offence was clearly proved to have been committed, and a very daring and systematic one it was -- one of the prisoners having picked the pocket of the prosecutrix in open daylight, in one of the most public streets in town, while she was examining some dresses in a silk mercer's window, and then conveyed the plunder to one of her comrades, on whose person it was found.
The prisoners were all found guilty.
His WORSHIP, in passing sentence, addressed the culprits to the following effect:-- Prisoners, you appear to be a most unfortunate set of young creatures. You have each of you been convicted in this Court several times, and tried with various periods of imprisonment. With some of you, the career of crime appears to have commenced so early as the year 1838, and, since that time, you have steadily pursued your evil habits. You, Kane and Cullen, are practical and striking examples of the value of Carrickfergus Jail as a school of morality; for it seems that, in the present instance, you had just completed a period of imprisonment there, and that you were no sooner at liberty than you robbed this poor woman. It is quite clear, then, that it would be altogether vain to expect any amendment in your conduct, if a sentence of imprisonment were passed upon you. The sentence of the Court therefore is, that you be, each of you, transported for the term of seven years.
On the sentence being pronounced, several of the friends of the prisoners, in the body of the Court, raised the cry of "murder!" and uttered fearful yells, until removed by the Police
All these young wretches were brought up in those sinks of iniquity -- those "hungry, drunken dens" (as Mr. Dickens so appropriately terms them) -- with which a few low districts of our town abound. They have been regularly educated in theft by their parents and accomplices; and have appeared more frequently at the bar of the Police Office than any thieves of the same years, during our Reporter's experience.
Ann Darragh and Grace Loughrey, both young girls, for stealing a bottle of castor oil from the shop of Surgeon Johnston, Patrick Street, Belfast. Guilty. This was the first conviction for Darragh; her accomplice had been found guilty of larcenies three times before. Darragh to be imprisoned for six months -- Loughery to be transported for seven years. [The latter, on being removed from the dock, exclaimed, shaking her fist at the Barrister -- "Bad luck and hard fortune to you!" Her screams, on her way back to prison, were frightful.]
Mary Ann Rafferty, for stealing, at Belfast, on the 2d June, two Bank notes for 30s. each, and four Bank notes for £1 each, the property of James Kelly, publican, West Street! Recommended to mercy by her mistress, for previous good conduct while in her service. Sentenced to one month's imprisonment.
Samuel Weir, a boy about fourteen years, for stealing, on the 22d April, in an auction room in High Street, a pocket-handkerchief from the pocket of Thomas Montgomery. Guilty (second conviction).
The BARRISTER said, on passing sentence -- You, Weir, have, I find, been once convicted of larceny before; and I will now try you with a sentence which I have never yet passed on any convicted person, for I have an aversion to it. By the advice of some of the Magistrates on the Bench, I have decided on thus trying you. I now sentence you to be imprisoned for four months, and, during that time, to be twice well whipped.
Prisoner, bowing to the Court -- Thank your Worship.
Betty O'Neill, for receiving, at Belfast, on 3d June, a hat, the property of John M'Aleer, Hercules Street, knowing same to have been stolen. Guilty; to be imprisoned for one fortnight.
James Watson (a middle-aged man, of very bad character), for killing, at Lisburn, a cow, the property of John Pennington; also, on other indictments, for the larceny of the hide of said cow, and for the larceny at common law. Pleaded guilty.
Mr. SEEDS, Solicitor, said he was instructed to mention, on the part of Mr. Pennington, that in this case the cow, which was valued for £10, and within a week of calving, was killed for the mere sake of the hide; and that there was nothing whatever to be pleaded in the prisoner's behalf to entitle him to the slightest mitigation of punishment.
The BARRISTER -- Prisoner, you have pleaded guilty of a very serious offence -- one for which, a few years ago, you would have been sentenced to death; for the law makes your offence of as aggravated a character as if you had stolen the whole animal. An alteration, however, was made in the law some time ago, by which the punishment of the crime was mitigated to transportation for life; and, since that time, the penalty has been still further reduced. The extreme punishment is now fifteen years' transportation, and to that term you are now sentenced by the Court.
Edward M'Grath, alias "Tipperary Joe," for stealing, at Belfast, on the 25th June, a quantity of cloth, the property of Thomas Stewart. Submitted.
Prisoner -- I hope your Majesty will be as favourable to me as possible, and I'll never be concerned in the like again. I came to Belfast to look after a boy who had two couple of hounds, and I got drunk, and didn't know what I was about.
The BARRISTER -- Do you see any person in Court who knows you? I suppose you are pretty generally known.
Prisoner -- I am, your Worship; and there's Mr. Seeds (Solicitor, of Lisburn, who was seated in the Attorneys' box) -- I'm sure he'll speak for me.
THOMAS JOHNSTON SMITH, Esq., stated from the Bench, that he had never heard any charge of the present description laid against the prisoner before. He knew him to be in the habit of following the hounds. [Prisoner was dressed in a torn and greasy hunting coat.]
Mr. O'RORKE -- I believe he can follow them on foot almost as fast as most gentlemen on horseback.
Mr. SEEDS -- And the gentlemen of Lisburn will be at a sad loss for him, if he be taken away from them.
The BARRISTER -- Well, prisoner, from what has been said for you, I shall try yon with a week's imprisonment.
PRISONER -- Thank you, Sir -- I'll never do the like no more.
The culprit then darted from the dock, giving a characteristic "view halloo" as he disappeared in the prison yard.
The following gentlemen were then sworn as a second
PETIT JURY:-- Messrs. James Moore, Alexander Moore, Robert Milliken, William Moore, Fergus Massy, Hugh Morrison, Thomas Mathers, John Mateir, Hugh Kelly, Matthew Martin, Christopher Lawless, and Samuel Morrow.
Jane Campbell, for stealing, at Belfast, on 21st May, a coat and waistcoat, the property of James Long. Guilty; two weeks' imprisonment from the date of committal.
William Weir, for burglariously entering the dwelling-house of David Thoburn, at Ballyvesey, on the 14th June, and for stealing thereout a pair of boots. Pleaded guilty (second conviction); to be transported for ten years.
William M'Grath, Sarah Gribben, and Ellen Sirr, for stealing the sum of £20 from the person of Robert Dawson, publican, Hudson's Entry, Belfast, on 25th May last.
The prosecutor in this case deposed that the two first-named prisoners held him down, in his own house, until they took the money from his pocket. He gave, however, various accounts of the robbery, and his embarrassment was in no degree diminished by one of Mr. O'Rorke's harassing cross-examinations, in the course of which he was made to admit, that "both he and the prisoners are bad characters;" that he was a gambler, and "could sport £20 upon a bet," &c.
All the prisoners were acquitted.
It appeared, from the evidence in this case, that Constables Clark and J. M'Williams had been sent for by the prosecutor, on discovering that he was robbed, and that they had searched the prisoners, but found none of the money upon them. Clark was brought forward as a witness, but M'Williams was absent.
The BARRISTER said -- It appears very strange that M'Williams was not produced upon the trial: for I see that when information! has been given soon after a robbery, it is seldom that the intelligent constables of this town do not succeed in finding out the property and the perpetrators. In naming M'Williams, I do not mean the very active officer of that name who is so often upon that table, and who has been instrumental in tracing so many robberies, but his brother.
[The Barrister here certainly paid a very high compliment to Head Constable M'Williams's value as an officer of justice, but not a higher one than the inhabitants of Belfast, of every class, will readily admit that he justly deserved. No person has ever filled a similar situation in our Police establishment who has exhibited more zeal or greater acuteness, or who has been equally successful ia tracing thieves and stolen property. The celebrated Leadbetter of Bow Street was not more efficient in his sphere; and this we say without rendering ourselves liable to the charge of exaggeration. We must add, that to his colleague, Head Constable Kane, and the other subordinate officers of local police, the public are not less indebted. Of the superintending officers there can be but one opinion -- that there are not more active conservators of the peace in Ireland. We have been led, in fairness, thus to record our opinion of the local police; but we shall, it will be found, be equally ready to expose any negligence or dereliction of duty, on the part of any of them, which may come under our notice.]
Robert M'Intyre, for stealing £8 in Bank notes, and 2d. in copper, from the counting-house of J. & J. Herdman & Co., Winetavern Street Mill, his employers. Submitted.
Mr. James Trimble, a young gentleman in Messrs. Herdman's employment, gave prisoner a good character. He had been under his immediate superintendence for about twelve months. Witness had received an excellent character with him, from a clergyman of Belfast.
Sentence -- Three weeks' imprisonment.
John Kelly and James Hamilton (the latter a sickly-looking child, who stated he was thirteen years old, but did not appear more than nine; the former a lad of about sixteen), for stealing, at Malone, on the 15th June, a sheet, the property of Matthew Black, Esq. Guilty.
The child Hamilton had only been a fortnight out of prison when he committed the larceny.
Both were sentenced to be transported for seven years.
Jane Herdman and Sarah Hagan (the latter aged ten years), for stealing from the person of Eliza Ann Anderson, in Church Lane, Belfast, on the 1st instant, the sum of one shilling in copper coin. Guilty; sentence not passed.
John Monaghan, a boy of fifteen, for stealing, at Belfast, on 29th March, a jacket, a waistcoat, a pair of trousers, a shirt, a pair of shoes, &c., the property of the Poor Law Guardians of this town. Submitted (first conviction); one month's imprisonment.
Samuel Milliken, for fraudulently and deceitfully sending to Mr. Charles Kelso, High Street, Belfast, on 28th May, a letter, purporting to be from one of his customers, Mr. Stewart Orr, requesting him to send said Orr half a dozen pairs of cotton socks, half a dozen pairs lamb's wool socks, and a pair of woollen shirts (which he obtained), which letter Orr never wrote or caused to be sent. Submitted.
In reply to a question from the Barrister,
Mr. KELSO was understood to state that the prisoner had respectable connexions, who were very much afflicted at the position in which he had placed himself. They were anxious that, if it met the views of the Court and the ends of justice, he should be allowed to emigrate.
This application was strongly backed by the prosecutor.
The Barrister intimated that, if a petition to the Government were drawn up and forwarded, he would probably be referred to for information upon the case and would take an opportunity of supporting its prayer. He thought it would be the most judicious course to sentence the prisoner, in the meantime, to three months' imprisonment, and, if the memorial were presented without delay, he had no doubt that an answer would be received from the authorities, by the time an emigrant ship arrived in the port, permitting the prisoner to leave the country.
Milliken was then sentenced to be imprisoned for three months.
William Ferguson, for assaulting Ann Ferguson his wife, at Belfast, on the 13th June, thereby inflicting on her grievous bodily harm; also, on a second indictment, for a common assault.
Ann Ferguson proved the assault, but admitted her husband had once behaved kindly to her, but that he had lately been confined in the Lunatic Asylum.
Hugh Halliday, Esq., corroborated the statement as to prisoner's admission into the Asylum, and added that he had shown much violence of manner, and occasioned a good deal of trouble in getting him into the institution.
WALTER MOLONY, Esq., R.M., was examined, and swore that, on the examination of the prisoner at the Police Office, he put several questions to him, which he answered in so incoherent a manner as to induce him to send the case before a jury, that they might say whether he was insane or not.
Acquitted on the ground of insanity.
Robert Mahon, for stealing, at Belfast, on the 22d Feb. last, a suit of workhouse apparel, the property of the Poor Law Guardians.
Pleaded guilty; to be imprisoned for one week.
Hugh Halliday, Esq., interceded in the prisoner's behalf.
James Callender, for a similar offence. Submitted; one month's imprisonment.
John M'Ilvenna, for embezzling, in February, 1841, the sum of £6, the property of his master, John Fetherstone, Ann Street, Belfast. Guilty; to be transported for seven years. [The prosecutor stated that the prisoner had robbed him to a very serious extent.]
Mary King, for stealing, at Belfast, on the 3ist May, from the person of Richard Nicholson, a watch, his property. Guilty; six months' imprisonment.
Eliza Johnston and Alice M'Avoy for stealing, at Belfast, on 26th May, a coat, the property of William Henry of Ballymena. Not guilty.
James Taggart and Arthur Boyd, witnesses bound in their own recognizances to prosecute prisoners at last Sessions but who failed to appear, and were arrested on "green-wax processes," and committed to jail, applied by petition to be discharged, and had the request granted.
The same rule was applied to two other cases of a similar nature.
Several pauper debtors were discharged, on giving engagements to pay the sums for which they were imprisoned, in small weekly instalments.
The Gas Company we are bound to say, were particularly lenient towards one debtor confined at their suit -- an instance of humane feeling upon which they were complimented by the Barrister.
The Foreman of the Grand Jury here came into Court, with the last of the bills of indictment, and announced that the business of the Jury was completed.
The BARRISTER, addressing the Foreman, said he found that he had made a mistake yesterday, when addressing the Grand Jury, when he stated that he did not observe any familiar faces among them, and acting on this impression, had made some observations to them in reference to their duties. He had since discovered that he was in error here, and that a majority of them was composed of gentlemen who were in the habit of regularly attending the Court in the capacity of Grand Jurors. He assured the Foreman that, in addressing them as he had done, he did not mean to convey the slightest imputation upon the experience or abilities of the gentlemen; but, regarding them as strangers to the duties of Grand Jurors, he had conceived it necessary to give them some directions which he would not have thought requisite for those who had filled the office before. The Sub-Sheriff had since put him right upon the point in which he had been mistaken.
The Foreman bowed, and inquired whether the Jury might now be discharged.
The BARRISTER -- Oh, yes; certainly. I have much happiness in releasing you from further attendance.
The Foreman then retired.
Thomas Patton, for an assault on Ann English, at Belfast, on the 1st of June; and Ann English, for an assault on Thomas Patton, at same time and place.
Mr. O'RORKE, on the part of the female traverser, offered to compromise the prosecution, which was refused by the Crown.
The Sessional Crown Solicitor insisted upon prosecuting in both cases -- thus acting in the capacity of prosecuting and defending counsel towards the same prisoner; and stated he had the Attorney-General's instructions for the course he proposed.
The BARRISTER considered the application unprecedented, and against the practice in any Court, and ruled against Mr. O'Neill.
Patton was found guilty, from the circumstance (as it appeared to us) of the Sub-Sheriff not being present to prove the signature to a Quarter Sessions decree which Patton had gone to execute upon the goods of English, and out of which execution arose the assaults complained of; and the sentence was one month's imprisonment. English was acquitted.
Patrick Cavanagh (a lad about twelve years of age), for stealing, at Belfast, a quantity of coals, the property of J. Young. Not guilty.
The Court adjourned, at the usual hour, till Monday morning.
-- -- -- -- -- -- -- -- --
Monday, July 4.
The Court resumed this morning, at half-past nine o'clock. The following gentlemen were sworn on the PETIT JURY:--
Alexander M'Cracken, foreman; Patrick M'Connell, William M'Fadden, Samuel M'Cullough, Robert M'Neight, John M'Kenna, William M'Kinny, Alex. M'Kenzie, Samuel M'Causland, William M'Ilroy, John M'Connell, and Samuel M'Connell.
David Anderson was indicted for obtaining goods under false pretences from Robert Thompson, on 11th June last, at Belfast. Not guilty.
Agnes Jelly, for stealing a sheet, the property of Alex. M'Cambridge, on 20th June, at Belfast. Guilty; one month's imprisonment from date of her committal.
Ellen M'Cappin, for stealing a horse cover, the property of John Roney, on 28th June, at Malone. Not guilty.
Margaret Devlin for stealing a handkerchief, belonging to Henry Isles, on 3d February last, at Belfast. Guilty; discharged.
Jane M'Murtry, for stealing a sheet, window blinds, aprons, &c., the property of Mary Eccles, at Belfast, on 30th May last. Not guilty.
Ann Crone, for stealing goods under false pretences, from John Scott, on 25th June last, at Belfast.
Robert Kennedy, for assaulting Denis Kane, on 4th June; and Denis Kane, for an assault upon Robt. Kennedy. Both submitted; one week's imprisonment each, from first day of the Sessions.
Sarah Kane, for stealing a cap, the goods of Thos. Hughes, on 1st instant, at Belfast. Discharged.
Charles Boyd, Eliza Maxwell, Ann Jane Montgomery, Ellen Murray, Margaret Murphy, and Ann Hughes, were indicted for a riot, rout, and affray, in the Belfast Union Workhouse, on the 8th June last.
The prisoners were all acquitted.
James Stewart, schoolmaster of the workhouse, was then indicted for an assault on Margaret Ward, a pauper inmate.
The Jury did not agree to a verdict, and were discharged -- the traverser renewing his recognizances to stand his trial at next Sessions.
Charles M'Cartney, porter of the workhouse, for assaults on Charles Boyd and Ann Jane Montgomery, paupers. Not guilty of the assault on Boyd -- on the second case the jury could not come to a decision, and were discharged, M'Cartney renewing his recognizances.
[We shall give an extended report of the workhouse cases in our second edition.]
This closed the business of the sessions.
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The Army
NEW REGIMENT. -- The authorities contemplate raising a new regiment to be designated the 100th Foot, and Winchester has been named as the place where it is to be organised. The arrangements for this addition to her Majesty's land forces are expected to be completed by the end of next month. The Lieutenant-General commanding is pleased to direct that from this date the military districts in Ireland shall be designated according to their respective head-quarters, as follow, viz.:-- The Northern District to be called the Belfast District; the Eastern District to be named the Dublin District; the Western District to be named the Athlone District; the South-Western District to be named the Limerick District; and the Southern District to be named the Cork District.
The Navy.
Malta, June 8. -- Letters have been received by which it is known that her Majesty's steamer Prometheus, with Lady and Miss Canning on Board, will touch at Malta, previously to going to Constantinople. She is expected here to-night. The Rodney, it is said, will visit the northern coast of Syria, Caramania, Macri, Marmarice, Rhodes, &c., on her way to Malta. The Thunderer put to Sea this morning, with sealed orders. It is said she will go to Gibraltar to relieve the Formidable, which is to come to Malta. The Howe and Impregnable will, it is said, put to sea on Monday or Tuesday next; destination unknown. -- -- IN PORT. -- Queen, 110; Howe, 120; Ceylon, 6; Impregnable, 104; Calcutta, 84; Vanguard, 84; Cambridge, 78; Vernon, 50; Magicienne, 24; Snake, 10; Steamers. -- Phoenix, Devastation, Locust, Vesuvius, Iberia.
PORTSMOUTH, Sunday. -- The Orestes and Seringapatam, hired transports, arrived here yesterday, from the river, with detachments of the 18th, 26th, 55th 57th, and other regiments, making altogether nearly 500 rank and file, bound to China. Two other ships are expected from the river with troops ordered to the same destination. The Christopher Ransom, freight ship, sailed on Wednesday afternoon, with bread and other stores for the use of the expedition at China. The Larne, 20, Captain P. J. Blake, has sailed for Sheerness, having received orders to be paid off at that port. By the accounts recently received from North America and the West Indies, the following was the distribution of a portion of the squadron on that station:-- The Illustrious, 72, at Belise; and the Volage, 26, and the Rover, 16, at Jamaica; the Tweed, 18, and the Fair Rosamond, at Barbadoes; the Ringdove, 18; and the Scylla, 16, at Bermuda; the Warspite, 50, at New York; the Hecla steamer at Tobago; the Pilot, 16, at Honduras; the Syartan, 26, at Halifax; and the Styx steamer, surveying at the Azores. The Vestal, 26, is hourly expected home from the West Indies. The Satellite, 18, is geting ready for sea very fast. It is stated that her stinationed [sic] is the Pacific. The Avon steam-vessel is about to proceed to the West India station. The Imaum, 72, is to be fitted out to bear the broad pendant of Commodore Byng, instead of the Magnificent, 72, which is found to be deve.fecti.
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CAMPAIGN IN AFFGHANISTAN.
-- -- -- --
"Quaque ipse miserrima vidi. Et quorum magna pars fui." -- VIRGIL.
-- -- -- --
SIR, -- The late disasters which have attended the army in the north-west provinces of India induce me to lay before your readers a brief narrative of the campaign under His Excellency Lord Keane, in 1839-40; and occasionally I will offer some remarks upon the policy that existed at head quarters, which will enable your readers to form a rational judgment of the character of those proceedings, which have embroiled us in a war with the Affghans, out of which we will not soon emerge, with credit to our arms, or profit to the Honourable Company's coffers.
Seven millions of money have already been sunk in the preceding campaign (i.e. 1839-40); and Shah Soojah Ool Moolk will find considerable difficulty, or his heir prince Timour, in accumulating that sum to repay the Honourable Company for the loss of life and treasure they have so lavishly expended, in placing a despot, whom they despise, and whose caste is different from that of his subjects upon the throne of Cabul.
Two squadrons of the 4th Light Dragoons marched from Kirker, a small village situate four miles from Poona, in the Bombay Presidency, where the regiment was cantoned, for Bombay, to embark for Scinde, and proceed to the seat of war, under command of Major Daly, whose gallantry, and other gentlemanlike accomplishments, in the field and the camp, were alike conspicuous.
The squadrons embarked on board the Cambridge, Captain Douglas, on the 18th November, 1838, in rather a confused and huddled state.
The necessary preparations were either forgotten or neglected; and the passage left an impression on the minds of the soldiery, which will not he soon erased, that anything but individual comfort was studied; nay, so strongly was this impression stamped on their minds, that, to make up for the loss of that individual comfort, a spirit of retaliation unanimously sprang up among them; and meum and tuum were confounded in the melee. On the 4th December, early in the morning, we landed at Bomnacook, four days' march from Tatta. Here we halted for the arrival of horse boats, and did not proceed onward till the 24th December.
The horses were landed in a bad state, many were disabled, and a few never recovered. Our appointments were all damaged, but the urgency of the campaign admitted of no alternative, so we had to mount them, and proceed slowly on our march for Tattah. We arrived there on the 28th, where we were necessitated to halt till the latter part of January 1839, to complete our establishment of camels, bullocks, &c., for the conveyance of baggage. The commissariat began thus early to show symptoms of inefficiency.
We continued our march on Jerrick, where a rumour was in circulation that the Ameers of Scinde were preparing to oppose our advance through their country. A native was here shot by a Sepoy, for attempting to force him on his post. We halted at Jerrick some days (in January) to recruit the men and horses, preparatory for any sudden attack the Ameers might be inclined to make. On the 25th we were summoned to turn out, and stand to our horses all night, dreading, or rather contemplating, an attack. In this we were deceived, for no hostility was displayed. The ambassador, with the guard from the Ameers, were stopped from approaching by the picquet, on the night of the 27th. We left Jerrick early in February, and arrived at Hydrabad on the 4th. We encamped at Cootra, opposite the town from which the Indus separates it. Here the Ameer's son, and the ministers, paid us a visit, and entered into a treaty with his Excellency Lord Keane, stipulating to pay a portion of the tribute due to Shah Soojah Ool Moolk, amounting to twenty-seven lacs of rupees.
As they had intelligence of the Shah's force and our Bengal troops marching down to form a junction with the Bombay column, their hostile appearance at once vanished; and, after receiving their twenty-seven lacs of rupees, we entertained no further fear from the Ameers of Hydrabad.
On the morning of the 11th we struck our tents, and marched for the Luckie Pass. The march occupied a period of four days; and the construction of roads, for the conveyance of our baggage, delayed us a week. The artillery found much difficulty in transporting their guns over it; but we ultimately arrived at Luckie on the 16th, where we halted till the 21st February. This Pass separates Upper from Lower Scinde.
On our arrival at Sewan, we were obliged to construct pontoon bridges to transport the troops across, in consequence of a branch of the Indus crossing our route. Our little force was now composed of two troops of horse artillery; two squadrons of Her Majesty's 4th Light Dragoons; two companies foot artillery; Her Majesty's 17th Regiment of Foot, the 2d or Queen's Royals; 2d, 5th, 19th, and 23d Native Infantry; 1st Regiment of Light Cavalry; and sappers and miners.
During our stay at Sewan, whilst proceeding to the Indus to water the horses, His Excellency the Commander-in-Chief of India, Sir H. Fane, suddenly encountered our battalions. Few, if any, of us knew him. His noble, martial appearance had not forsaken him, and his high reputation as a soldier infused a thrilling sensation into the breasts of all; but it was soon made known to us, that he had resigned the command of the army of the Indus, in favour of the then Sir John Keane, K.C.B. His Excellency's reasons and prophetic warning will be subsequently stated.
The next town of any consequence at which we halted was Larkhana, where we arrived on the 6th March. It is situated about nine miles from the Indus. Here the native infantry left us. We remained at Larkhana till the 19th, to recruit the horses, and allow the sick, and heavy baggage, to be conveyed to Bukkur. Our route now diverged from the Indus, and his Excellency Sir J. Keane left us, to join the Bengal column. About the latter end of the month, we crossed the desert in detachments, as the infantry could not keep up with the dragoons; the nights march being of the unprecedented length of thirty-six miles, and supplies of every description unattainable.
We arrived at Dadur on the 5th April, and left it on the 12th. We now proceeded to the mouth of the Great Bolan Pass, where a handful of troops, with a division of artillery, might defy and cut off every regiment, in detail, that would attempt to penetrate it. How this Pass was left unguarded, by the ex-king of Cabul, is a mystery never, I dare say, to be revealed. Secret service money was lavishly expended by Sir Alexander Burnes. Might it not be to its profuse distribution that its evacuation was owing? And no hostility was displayed toward us, except occasional desultory shots, fired at random, from the heights above, by that class of predatory Beloochees, who attack indiscriminately men of every class, clime, and religion; and who obtain their livelihood by plunder, robbery, and murder.
To attempt a description of the odour which assailed us on the first day's march would be impossible; for there a deadly conflict had taken place with some of the Bengal camp-followers and the robbing Beloochees. Heaps of the slain were piled up, without order or regularity, just as they had fallen, defending or assailing. The hollow, sunken eye had disappeared; decomposition had commenced; and the air, for miles round, was tainted with the mephitic exhalation.
Here and there, a few miles onward, lay the dead carcasses of thousands of camels, torn, mangled, disfigured. The horses' feet occasionally stumbled on the soft, putrid remains of camp-follower, Beloochee, or camel, causing them to stumble and unseat their riders. A few fearless Beloochees sat on the mountain's brow, and were seemingly amusing themselves by deliberately firing on us below. Their shot, however, fell far wide of us, and our carbines were useless. They would not carry a ball the necessary height, in compliment to them. -- I am, Mr. Editor, your very obedient servant,
EPSILON,
Belfast, June 20th, 1842
[To be continued.]
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Banner of Ulster - Thursday, 7 July 1842
Marriages
On the 25th ultimo, at St. Mary's, Bryanston Square, London, by the Hon, and Rev. William Talbot, the Hon, and Rev. GEORGE GUSTAVUS CHETWYND TALBOT, Rector of Withington, Gloucestershire, fourth son of Earl Talbot, to ENILY SARAH, second daughter of Henry Elwes, Esq. of Colesbourn, in the same county.
On the 7th of May last, at Kingston, Jamaica, JOHN VINCENT LEACH, Esq., Deputy Provost of that island, and formerly of Gloucester Street, Dublin, to MARGARET, youngest daughter of the late Milo Burke, Esq. of Spanish Town.
On the 21st ultimo, at Newmills Church, Drumglass, by the Rev. J. R. Darley, the Rev. W. J. THORNHILL, of Arklow, to MARY ANNE, only surviving child of the late Richard G. H. Young, Esq. of Cookstown, county Tyrone.
On Tuesday the 27th ultimo, by the Rev. Henry Simpson, Saintfield, Mr. ROBERT BENNET, Tullywest, to MARY JANE, daughter of Mr. Birch Morrow, Lisburn.
Deaths
On the 29th ult., at his residence, Islandreagh, in his 49th year, Mr. ROBERT LAWTHER -- a man of integrity and worth -- an excellent neighbour, and a faithful friend.
On the 17th ult., at Londonderry, MARY LETITIA, wife of Lieut.-Colonel M'Master, E.I.S.
On the 26th ult., at his house in Bedford Square, London, the Right Hon. Sir JOSEPH LITTLEDALE, late one of the Judges of the Court of Queen's Bench, aged 76.
At William Richards's, county Wexford, Miss RAWSON, eldest daughter of the late Colonel Rawson, for many years M.P. in the Irish Parliament.
At Londonderry, on the 17th inst., MARY LETITIA, wife Lieut,-Colonel M'Master. E.I.S.
Clippings
Local Intelligence.
LAUDABLE VIGILANCE. -- It is highly gratifying, on comparing the number of cases of housebreaking which have occurred in Belfast, for the last three or four months, with those brought under the notice of the authorities during a similar period in almost any former year, to find indubitable evidence of increased vigilance on the part of the nightly watch. At this season, when a large proportion of respectable houses are shut up during the sojourn of their occupants at the various bathing-places on the coast, burglars have wide scope and tempting facilities for the exercise of their ingenuity; but we are well pleased to observe, that the safety of property thus exposed has by no means been overlooked by its "natural guardians," -- the police. The superintending Magistrate has taken care to procure a list of all the residences closed for the summer; and, from this, which is placed in the Police Office, the watchmen are each furnished with the numbers of these houses, situate in their respective beats, and receive instructions to make these the objects of more than ordinary attention. This precautionary measure is highly necessary, and has fully secured the desired end
DESTITUTION IN BELFAST. -- The following letter, which has already appeared in some of our contemporaries, is worthy, at the present time of public distress, of the deepest attention. It does honour to the heart of the writer --
"I beg to suggest the following mode for relieving the great distress amongst the poor, and trust it will not be considered too presumptuous in me thus to bring myself before the inhabitants of the town. The poor honest Irishman does not want charity, until he is unable to work, and this can be procured by the following plan, with very good success:-- Let a committee be appointed, to whom application can be made by the poor, and from whom the poor, if deserving, may receive tickets either for work or charity. Let the inhabitants come forward and give either charity or work. I, although I have many men employed, have no objection to take five men more, on producing a ticket from said committee. I will give those men seven shillings per week, for ten weeks to come, provided they conduct themselves well. Now, if this plan be acted upon, I should think that 200 individuals in this town will also employ each five men; and thus, of course, for ten weeks to come, 1,000 men, with their families, will be supplied with the means of support by their own industry. Farther -- suppose that parties have no work to give, but wish to rive charity; well, let 1,000 inhabitants engage to supply with at least 7s each (for one family) a week, for ten weeks to come; and further, 1,000 inhabitants engage to give 3s. 6d. per week, for ten weeks. &c., and so on, in proportion to their means; and I am certain it will neither be an expensive nor a very troublesome work for, say 4,000 of our inhabitants to support all the poor individuals in this town for ten weeks -- say till harvest. The example would also be followed by other towns.
The "Ballast Corporation," and other public boards, could and should employ many more men. Let houses be whitewashed and repaired -- say the roofs, servers, &c.; let walls be built; in short, anything that requires to be done let it be done now, when the days are long, the weather fine -- and then your poor will be able to earn a livelihood, your charity will be of great service, and, afterwards, a plentiful harvest and revival in trade will, I trust, do all that is wanted for their comfort and support.
"25th June, 1842." "GUSTAVUS HEYN.
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We are happy to understand that, on the application of the Relief Committee, the Commissioners of Police immediately agreed to give as much employment as possible at stone-breaking, &c., and with the view of affording additional aid, purposed considering how far they might be able, in justice to their constituents, to undertake some important public works. The Committee of Relief have had kindly offered to them several yards for stone-breaking the only means of employment that can readily be adopted; and there is room to hope that by Monday next, no man able and willing to work will be left without the means of subsistence. In the meantime, we think it right to state that the distress is both extensive and of the most pressing nature; and we trust the public liberality will keep pace with the necessity, especially as willingness to work is uniformly to be made the test for relief. The Collectors, we learn, have already commenced their labours, and it is hoped their applications will be met with the liberality that has hitherto characterised our town. The names of subscribers will be published in the course of next week.
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DISTRESS AMONG THE WORKING CLASSES IN BELFAST.
TOWN MEETING.
The state of destitution and suffering to which many hundreds of the labouring poor of Belfast and its environs -- and, more particularly, those depending for subsistence upon the precarious and ill-remunerated occupation of cotton-weaving -- having awakened the sympathy of a number of benevolent gentlemen in their behalf, a preliminary meeting was held on Thursday the 23d inst., in the office of Richard Davison, Esq., Donegall Place, for the purpose of adopting means to alleviate the existing distress, and to ameliorate the deplorable condition of so large a mass of their fellow-townsmen. From this meeting, which was presided over by William Cairns, Esq., J.P., emanated a requisition to the Sovereign that he would please to convene the inhabitants of the town on an early day, that their collective opinion might be taken upon the means of providing for the immediate relief of the industrious classes. With his usual promptitude, Mr. Verner, in compliance with the request conveyed to him, issued an advertisement summoning a meeting at the Town Hall on Tuesday last, which took place accordingly, and was numerously attended by the clergy, merchants, manufacturers, and other respectable residents of the town and its vicinity.
The crowds of ragged, gaunt, and dejected figures by whom the Police Buildings were beset, before the proceedings commenced, and the aggregate of abject but uncomplaining misery which presented in the interior of the Hall, as they pressed close to the circle of their humane fellow-citizens on whom their hopes of succour depended, surpassed anything of the same melancholy character which Belfast has witnessed for a number of years past. On no occasion, since the sadly memorable year of commercial panic and public privation, 1826, has it been equalled.
Shortly after one o'clock, the chair was taken by the Most Noble the Marquis of Donegall.
Among the gentlemen in attendance, we observed the following:-- Thomas Verner, Esq., Sovereign; R. J. Tennent, Esq., J.P.; William G. Johnson, Esq. J.P.; William Coates, Esq., J.P.; S. G. Fenton, Esq., J.P.; R. Montgomery, Esq. (Sandymount); Matthew Black, Esq.; John Charters, Esq.; Andrew Mulholland, Esq.; S. K. Mulholland, Esq.; William Gray, Esq.; John Dunville, Esq.; William Dunville, Esq.; Adam M'Clean, Esq.; Alexander M'Laine, Esq.; James Goddard, Esq.; R. T. Goddard, Esq.; Alex Montgomery, Esq.; William Gardner, Esq.; Georg Ash, Esq.; Samuel Thomson, Esq.; John Boyd, Esq.; S. Nelson, Esq.; Edward Walkington, Esq.; Thomas Walkington, Esq. (Ballinderry); William Valentine Esq.; D. Grainger, Esq.; Drummond Anderson, Esq.; N. Fitzsimons, Esq.; Rev. Dr. Cooke; Rev. Dr Drew; Rev. Messer. Bellis, Bland, M'Ilwaine, Monsell, Courtenay, Oulton (sen. and jun.), Campbell Bruce, J. S. Porter; Drs. M'Gee, M'Kibbin, T. Thompson, Scott, Grattan, &c. &c.
The Noble CHAIRMAN opened the proceedings in the usual form. His Lordship remarked that, for his own part, he had lately been absent so long from the country, that, in reality, he was ignorant of the precise condition of the poorer classes in Belfast. Being thus circumstanced, he was anxious to obtain from gentlemen present, who were conversant with the matter, some information on the subject.
The Rev. Mr. MONSELL said -- My Lord, as one of the committee appointed at the meeting held in the office of Mr. Davison, to consider what steps it would be best to adopt, to relieve the present distress of the hand-loom weavers of this town and its neighbourhood, I beg to give an outline of the information respecting their condition which we were enabled to obtain. I am sorry for the absence of Mr. Davison, who could have laid before you, much more fully than I can, a detail of the numbers probably suffering destitution, and valuable suggestions as to the best means of relieving them. My Lord, upon the most moderate calculation we were warranted in making, we found that from 1,200 to 1,400 hand-loom weavers in Belfast and its vicinity were in a state of absolute distress. The great difficulty lies in the question -- How are these suffering people to be relieved? (Hear.) We ascertained from the poor people themselves that, even if employed at the rate of wages which they usually earn, they could not make more, on an average, than 4d. a-day -- a pittance far too small for the support of a man with a wife and family. But even this, miserable as it is, cannot be procured -- employment is not to be obtained; and I fear that there are many poor creatures in the town, at this moment, who are actually famishing. I do not speak of hand-loom weavers alone, but of the labouring classes generally; and for what have stated I have had the evidence of my own eyes; for the wretched beings come to me daily with their tales of distress and suffering, and their condition is manifest from their appearance. This, my Lord, is a state of things which calls imperatively for the immediate and active exertions of all whom God has blessed with the means of aiding their destitute fellow-townsmen, or who have an opportunity of pouring out of their superabundance to relieve the necessities of others. I cannot entertain a doubt, from the benevolent character of many whom I see here to-day, that the necessary funds will be provided, or that the inhabitants of Belfast will come forward, with free hearts and free hands, for the relief of these poor people. I will not detain you longer than to mention that Dr. Cooke holds resolutions of a remedial nature, which have been drawn up for the purpose of being submitted to this meeting; and I would suggest that he should put them forward one at a time, in order to bring them before you in regular form.
The Rev. Dr. COOKE rose and said -- My Lord, as member of the committee which met at the office of Mr. Davison, to deliberate upon what means it would be necessary to take to relieve the present distressed state of the hand-loom weavers and others of Belfast and its neighbourhood, I beg to make one or two observations. Mr. Monsell was accurate in stating that we had ascertained that upwards of 1,200 hand-loom weavers and their families in this town are in a state of destitution. But I do not think that, in our estimate of the numbers actually in distress, and whom it imperative upon their fellow-townsman to succour, we included large numbers of labourers and others, who are in quite as urgent distress as the weavers can be. (Hear.) In deciding upon a plan of relief, it will be for this meeting to say whether the handloom weavers alone shall be included, or whether it would not be advisable to take in, also, the rest of the unemployed, of whom the committee found that there were a great number. I will now state to you some of the plans of relief which came under discussion in the committee. We considered, first, the propriety of having our own Poor Law workhouse filled with objects of distress, before we should take any farther step; and of applying to the Poor Law Commissioners for liberty to send to the neighbouring workhouses as many as they could receive. By this was meant, that we should send to Newtownards poor-house, which is open, and to Lisburn poor-house, which is also open, a number of those who could not be admitted here, for whom we should pay a certain sum per head. This proposal was fully discussed, but we came to the conclusion that it was impracticable; for we reflected that, before admission into the workhouse, the poor weavers and labourers must sell all the little property they possess -- that they must part with their all -- and enter in the character of absolute paupers; and then, if times should improve, which we hope in God they will, those wretched people would return to society in a deteriorated condition. From these considerations, therefore, that plan was given up but we drew up another, that we might not come to this meeting without something definite to lay before it. The following is the plan which we sketched, and now wish to submit to you -- not that we expect you to adopt it as the best which could be devised, but that you may alter, amend, or remodel it, in whatever manner you consider most conducive to the attainment of the end in view. I have heard that an excellent plan has been published in the newspapers, by a highly respectable and benevolent individual of your town -- Mr. Heyn. This plan I have not seen; but I believe, from what I have heard of it, that it is well entitled to consideration, Mr. Heyn's proposal, as I understand it, is -- that the merchants, manufacturers, and other traders of the town, should each engage an extra number of labourers, at such branches of employment could be conveniently furnished to them, and at, say, 7s. a week -- that thus all who gave such employment might distinctly understand what they were doing to relieve the public distress. This appeared an ingenious plan, and to a considerable extent practicable; and I very much regret that I have not seen it. The plan which have drawn up, my Lord, is this:-- 1st, That at this moment a great degree of distress exists, from the want of employment and the high price of provisions, among the working population. 2dly, That the provisions of the Poor Law system are not adequate to afford relief sufficiently extended. 3dly, That a soup-kitchen should be established, and other concomitant means adopted, as measures of immediate relief. -- I put down emigration also, as one of the plans of relief, to show that at least we had not overlooked it. 4thly, That a subscription be entered into for the present relief of the destitute. 5thly, That a petition be forwarded to Parliament, praying the Legislature to empower the Poor Law Commissioners to grant outdoor relief in this district, and to levy a rate for that purpose. The scheme of emigration was amply discussed at the meeting at Mr. Davison's office, and the committee were assisted in their labours on that head by Mr. Valentine, a gentleman who was very active in promoting the emigration of those weavers who have, this season, already been sent out to America. Mr. Valentine took occasion to consult Dr. Rolph on the subject -- a gentleman of intelligence, experience, and respectability, who is at present in London, and is closely allied by interest and property with Canada, and officially connected with the Colonial Government. Dr. Rolph replied by giving the following advice respecting the sending out of our unemployed poor to that country:--
"Colonial Society, St. James's Square, London, June 24ck, 1842.
"DEAR SIR, -- In conformity with your desire, I proceed to give you the information which the emigrants intending to proceed from Belfast to Canada have requested. As a general principle, the labouring classes who go to Canada should leave as early in the season as possible; the passage is shorter -- their labour is in greater demand -- they are enabled to provide for the ensuing winter -- and they acquire the knowledge of the season. Had the period of departure, generally, been a matter of indifference, it is one of the greatest consequence at the present period. A combination of circumstances, during the existing season, renders it very desirable that the labouring classes who are destitute should not proceed to Canada until the following spring. A large number of persons engaged in the lumbering business on the shores of the St. Lawrence and the Ottawa, and in the adjoining province of New Brunswick, have been thrown out of employment from the alteration in the timber duties; a vast number of persons, also, have left the United States, and proceeded to Canada. Now, although I do hope that the knowledge which these people have acquired by their occupation in the forest will induce them to become settlers, I am still apprehensive that many will be seeking that employment which has always been absorbed by the emigrants from the United Kingdom. As there has been a very large emigration this year from the United Kingdom, I am not anxious further to provoke or encourage it, lest it might entail a heavy burden on the province, and prove unsatisfactory to those who hoped to find profitable employment and a comfortable home therein.
"Secondly -- I strongly recommend all emigrants to be furnished with a small sum of money on landing, as they may have to proceed some distance into the country before obtaining employment.
"Thirdly -- I advise them to take the first employment offered; it is of vital importance to them to commence husbanding their means immediately. Much foolish prejudice has existed against Eastern Canada, and the current of emigration has been generally directed to the West. Without denying that the climate is somewhat more severe in Eastern than in Western Canada, I am far from thinking it more disagreeable or less desirable from that circumstance. It is decidedly more uniform, less interruption to sleighing in the winter, and therefore has its use; whilst unquestionably the greater contiguity to market, and the higher price of produce, render the advantages between Eastern and Western Canada nearly equal. No persons have succeeded better in British America than the Irish settlers in the vicinity of Quebec; and there is not a more industrious, worthy, or wholesome population than the Anglo-American population in the eastern townships. No portion of the American continent is better cleared than the lands on the Saint Lawrence and the Richelieu; this was the work of the French population; and will the Irish shrink from encountering a work successfully performed by the French! The canals, the railroads, the public roads, the aqueducts, the viaducts, the bridges, the harbours, the villages, towns, and cities in America, are principally the result of Irish industry; and a moment's reflection must convince any one that they would subjugate the forest fully as well as the French habitans, and, I am quite persuaded, would cultivate the land with far more diligence, neatness, and success. It is then a matter of great moment that they should take the first occupation offered on their arrival at Quebec, and have no difficulty in settling in Eastern Canada. The Government have given great assistance in forwarding emigrants to the western portions of the province; but emigrants have no right to expect this aid, if profitable employment is offered to them in Eastern Canada. It has come not unfrequently to my knowledge that emigrants who neglected to avail themselves of the excellent advice of the indefatigable agent, A. C. Buchanan, Esq., Quebec, after travelling about, losing the best portion of the season, were compelled to take less wages than what they formerly refused, and repented bitterly the folly of which they hand been guilty. You are so well acquainted with all the essentials relative to voyages, that it would be presumptuous in me to say anything on that subject. My advice to the emigrant is, to go early in the season -- to take the first work that offers -- to husband all the wages possible for the first winter -- and then there is every reason to hope that a man blessed with health, industriously following his occupation, observing temperance, frugality, probity, and perseverance, will become a successful settler, and a valuable addition to the population of Canada. It is my intention to visit Ireland, and it will afford me great pleasure to communicate freely with the people proposing to settle in Canada; for it is perfectly undeniable that the Irish population in British North America are amongst the most faithful, devoted, loyal, improving, and valuable subjects of the Queen in that hemisphere. If I have not furnished you with such information as you require, I would suggest that you put interrogatories to me for my answer.
"I am, dear sir, your obedient servant,
"THOMAS ROLPH.
"W. Valentine, Esq."
I have read this letter here, because some of the gentlemen upon the committee were anxious that the emigration scheme should be tried, even at this late period of the season. For my own part, I opposed it; and Mr. Valentine sent me this letter, which strongly corroborates my opinion. I believe that nothing further was added by the committee; but their resolutions are now submitted to the meeting; and it will be for you to say whether you can make them suit your purpose, by any changes, additions, or modifications you may think right.
JAMES GODDARD, Esq. -- My Lord, after what has been stated by Dr. Cooke, respecting the distress of the poor weavers of this district, I come forward to move the first resolution, in the hope that we may come to some practicable arrangement for their relief.
WM. G. JOHNSON, Esq., seconded the resolution, and said -- My Lord, I deeply regret, in common with all who have assembled here to-day, the circumstances which have brought us together on this occasion. I quite agree with all that has fallen from Dr. Cooke, except his opinion regarding the scheme of emigration, to which, I confess, I am favourable. I conceive that the statement made in the valuable letter just read must be most valuable to those going out from this country to Canada.
The Rev. WM. BRUCE said, it had not yet been considered whether this meeting should restrict themselves to the relief of the hand-loom weavers, or whether they should include the suffering industrious classes generally in their plan. If the resolution stood in its present form, they would thereby bind themselves to the relief of the former section of the distressed alone; whereas it must be obvious to the meeting that the unusually high prices of provisions, and scarcity of employment, must press with as much severity on the other portions of the labouring population of the town, and that even mechanics and agricultural labourers were among the destitute, and had therefore claim on their benevolence. He would take the liberty of suggesting that the words "other classes" should be inserted in the resolution, in order to embrace in their scheme of benevolence the distressed population generally.
Mr. GODDARD conceived that they should add the words "and labourers."
Mr. JOHNSON said, it struck him that it would be advisable to strike out the words "hand-loom weavers," and to substitute "the labouring poor," so as to include all the classes suffering destitution. The resolution was then amended as follows, and unanimously agreed to:--
"That it appears to this meeting that distress to a large extent, arising from want of employment and the dearness of provisions, prevails among the hand-loom weavers and others of this town and neighbourhood."
Dr. COOKE said, the second resolution he had originally intended to introduce was for the purpose of giving them an opportunity of sending the claimants of relief to the poor-house, in the first instance, before relief was administered. It had, however, been suggested by Mr. Monsell that it would be better to omit this proposal, and to let the third resolution on the paper come in as the second in order. [Dr. Cooke read the latter resolution.]
The Rev. Dr. DREW -- I think the meeting ought, before they pass this resolution, to give some consideration to the plan recommended by Mr. Heyn. The practicability of so excellent a proposal should certainly be weighed, before you include all the destitute classes of the population in your plan, as mere paupers. (Hear.) In running my eye round this meeting, I observe that it is evidently composed, for the most part, of that class of persons who are willing to work, if they had it to do. (Hear, hear, and applause.) I must confess that I do not like the sound of the word "soup- kitchen." (Cries of "No, no;" "No soup;" "We'll work at anything you please to mention," &c.) This is one of the most respectable meetings which have been held in Belfast for a long time. I see here many merchants, manufacturers, and other gentlemen possessed of wealth and influence in the town; and wish that some of those would supply us with the valuable information on this subject which their experience enables them to communicate -- that they would state, for instance, whether Mr. Heyn's plan be practicable. I know enough of the labouring classes to assert, that they would rather be employed at any modicum of wages, however small, than be obliged accept relief as paupers, or become the objects of exclusive charity. (Loud cries of "Hear, hear.") I am sure that there are numbers of gentlemen in trade in Belfast who could each employ a few additional hands, and it is to be hoped that they will come forward and do so, in preference to making them the recipients of alms. (Hear, hear.) I say, my Lord, in conclusion, that, after due consideration, my plan is -- work before soup. (Applause from the body of the meeting.)
The SOVEREIGN -- It would be better if Dr. Drew were to favour us with some resolution, embodying the plan which he recommends.
Dr. COOKE -- Yes; that would certainly be the best way. It is very easy to find fault with a proposal; but it is not so easy to suggest an efficient remedy for public distress. (Hear.) I have not the same dread of this soup which has been spoken of as Dr. Drew has. (Laughter.) It is really a very good thing, and the poor, you will find, will have no objections to it. (Hear.) Dr. Drew should remember that the resolution embodies the proposition to endeavour to provide work for the unemployed, as one of the means of relief for the poor. Now, it would be much more advisable to carry out the objects of the resolution, by establishing soup-kitchens, among other things, than to amuse them by mere clap-traps, by which their hopes are too easily excited.
RICHARD M'DONNELL. (a Ballymacarrett wearer) -- My Lord, it is those men who are included in the first resolution who will trouble your soup-kitchens -- not the hand-loom weavers.
JOHN KANE, Esq. -- I think it would meet all the objections urged, if Dr. Cooke were to withdraw the proposal respecting soup-kitchens. Let us, in the first place, raise subscriptions that is the main thing; and then let work be provided, if it be possible. My opinion is, that those who really want work will not relish the idea of soup-kitchens. The proper mode of proceeding is, to appoint a committee to arrange details of your plan. (Hear.)
Dr. COOKE -- I am aware that the mode of relief recommended in the resolution (viz., the opening of soup-kitchens) has been successfully tried in Belfast for the last thirty years, and that it was one of the most valuable arms of the House of Industry. (Hear.) The talk about the poor not liking soup is -- not to beat about the bush in designating it -- neither more less than sheer nonsense. (Laughter.)
The Rev. GEORGE BELLIS asked, if the poor objected to being supplied with soup gratuitously, as it appeared they did, from the expression of their opinion made at this meeting, why could not the committee follow the course adopted in other places, and sell the soup to them at the lowest possible price? If this plan were taken up, it would completely do away with the objections urged against administering relief in the shape of exclusive charity. (Hear, hear.)
Dr. DREW said he had not risen for the purpose of creating contention on a subject concerning which it was desirable there should be unanimity. (Hear.) He did not wish to bind the meeting to his own plan of relief, nor did he wish them to be restricted to the establishment of soup-kitchens. He had got a hint which he must acknowledge to be sometimes useful -- namely, that gentlemen, when they rise to advocate any proposal, in a public meeting, should speak to a resolution. Now, adopting this hint, he had drawn up a resolution, which, he conceived, if divided into two distinct propositions, and these put separately, would release them from their present difficulty. The first clause of his plan was -- that the merchants, manufacturers, &c., of Belfast, should pledge themselves each to employ an additional number of labourers. The second -- that those who are not relieved in this manner should have their wants provided for by private subscription, and that a committee should be chosen to carry this plan into effect -- to manage the details, &c. He wished to apply a test to those seeking relief, in order to ascertain whether they were deserving of it, and whether they would work if employment were furnished to them; and he would preclude from all relief those who refused to submit to this test. (Hear.) He hoped that this proposition would meet the views of the meeting, and induce them to work together harmoniously.
The Rev. Mr. MONSELL said there were portions Dr. Cooke's plan which he would support, but others in which he did not concur. He thought Mr. Kane's suggestion a very valuable one; for the great object of this meeting to-day was to collect subscriptions. (Hear, hear.) They should first secure these, and then they could proceed to make arrangements as to the best mode of applying them, and, to assist them in arriving at a wise conclusion, they should consult Mr. Heyn, and other gentlemen of experience. He thought the best plan would be, to get, first, the names of a good, active, working committee, and collect a liberal subscription. Holding these views, he would, therefore, recommend Dr. Cooke to leave out the proposal for the establishment of soup-kitchens.
Dr. DREW said he had not been present at the meeting at Mr. Davison's, and was at a loss to know why he had not been invited; for he had surely as great an interest in anything concerning the poor hand-loom wearers as any other clergyman in Belfast could have. (Hear.) If Mr. Monsell would look at the newspaper, he would see that this meeting had been called especially to consider the means of alleviating the distress of that class.
GEORGE ASH, Esq., said that, as a commercial man, he felt called upon to tell the meeting that Mr. Heyn's plan, though it looked very pretty upon paper, was impracticable. (Hear, hear.) There were many commercial men present besides himself, and he wished to hear how many additional hands any of them had at present the means of employing. (Hear, hear.) He would venture to say that it would be found they could do very little for the relief of the distressed in that way. (Hear.) His opinion was, that, if Dr. Drew's plan were adopted, the subscription would be neglected. Let them set about collecting subscriptions in the first instance; and afterwards, if it turned out that they could find work for a portion of the destitute, the committee would, to the extent of that number, be relieved from the charge of supporting them. At the present moment, as those who heard him must be aware, trade was at a very low ebb in Belfast -- so low, indeed, that it could not reasonably be expected that the mercantile men and manufacturers could employ additional hands. Mr. Heyn's proposal, therefore, must fail as regarded them but it might do with landed proprietors and country gentlemen, who could, almost at any time, employ extra labourers upon their property, in the operations of the field.
The SOVEREIGN would take the liberty of proposing another resolution, simply to the effect, that subscriptions should be entered into at once, as means of furnishing immediate relief. (Hear.) That object attained, if Mr. Hey and other benevolent gentlemen would employ a number of additional men, the committee would of course feel very grateful to them; but the subscription was the main thing. He had that morning received a letter from Mr. Dobbs, the late High Sheriff of the county of Antrim, enclosing a cheque for £5 towards the objects of the meeting. In this letter, Mr. Dobbs made but one observation, which he would take the liberty of reading. [Mr. Verner read the passage, which expressed Mr. Dobbs's regret at being unable, on account of other engagements, to attend the meeting, and his hope that some efficient means would be adopted for relieving the poor hand-loom weavers. He thought it would be a great pity if such men were compelled to emigrate from their native country, and trusted that that would not be the plan decided on by the meeting.] -- Mr. Verner very properly remarked that, when an example of such generosity had been set by a gentleman not directly connected with their town, it behoved others, who stood in a closer relation to its interests, to follow it. (Hear.) He conceived that, if committee were appointed, many plans might occur to their minds which might not strike any one at that moment. He was sorry that any disagreement had taken place in the discussion of the different plans proposed; for he had no doubt that whatever mode of relief they decided upon -- whether by soup-kitchens or otherwise -- it would be acceptable to those for whose benefit it was intended.
ALEXANDER M'LAINE, Esq., seconded the Sovereign's resolution.
ROBT. J. TENNENT, Esq., thought that there were several points upon which they were all agreed. 1st, That large number of the working population are in distress, and require immediate relief. 2dly, That it would be best to administer that relief in the shape of employment, if such could be obtained. With respect to the latter plan, it was obvious that, before relief could be afforded, much time would necessarily be lost; and it appeared, therefore, that an immediate subscription was the thing to which they were to look the meantime. If, by the coming forward of merchants and other gentlemen in town, to afford employment, measure of relief could be afterwards provided, the subscription could certainly do no harm. A liberal subscription would meet the existing distress, which anything else, except a judicious combination of expedients, would be unable to cope with. He could not doubt that a munificent subscription would be obtained; and he hoped that some employment would be found for the poor labouring classes. He was aware that these people in general would prefer work to charity; and the committee should be instructed to endeavour to procure work for them wherever it was practicable. He suggested that the resolution of the Sovereign should be adopted; and that the committee should be instructed to take all available means of endeavouring to provide relief through the medium of employment.
The Rev. WM. BRUCE was somewhat surprised at the discussion which had taken place -- the more so, as the meeting seemed now to have come just to the plan proposed by Dr. Cooke. He had understood that the committee were desirous of providing employment as a means of relief -- that this could not be got -- but that it would be proper to consult the merchants and manufacturers on the subject. He conceived that Dr. Cooke, in mentioning soup for the poor, had merely spoken of it as the description of food most easily procurable in large quantities; and, when he daily saw large numbers of poor persons purchasing that wretched species of diet, "starch sowens," he was led to believe that they would not look with contempt upon the good wholesome food which had been brought under the notice of the meeting. It would be well if employment could be provided; but, until that could be accomplished, they should, he thought, adopt the mode of immediate relief pointed out by Dr. Cooke.
Mr. GODDARD said it was a pity that a respectable meeting like this should be thrown away on mere details. They were just now going into those minutiae, the care of which was the express province of committee. They should, as first step, get a good working committee, which, thank God, they would find no difficulty in selecting in Belfast. They would easily succeed in arranging all the details that were necessary. They were not bound to soup or to sowens, as food for the starving poor, nor were the comparative merits of gruel and physic likely to prove a useful discussion. (Laughter.) Subscriptions were the thing required; and, to form a beginning, he begged to tender his own subscription of £5. (Hear.)
The Rev. WM. BRUCE said it would be very desirable if any gentleman would inform the meeting, or the committee to be appointed, what records remained of the proceedings of former relief committees. There had been two or three of them in operation in Belfast within his own recollection; and it was very requisite that records of their proceedings should be procured, as the statistical and other information they contained would be highly valuable for the guidance of the committee now to be chosen. He was not himself aware whether the records to which he alluded had been preserved.
Dr. DREW understood that the Secretary of a former committee was present. He (Dr. D.) had been associated with him in his duties on that occasion, and he remembered that a very laborious service they had to perform. Perhaps this gentleman could supply the requisite information.
ADAM M'CLEAN, Esq., after recommending the appointment of a committee, suggested the propriety of applying to the Grand Jury for employment for the distressed labourers. That body had the power to assist them if they would, as they could furnish abundance of work at breaking stones for the county roads, at this season, when employment could not be expected in Belfast. They were also empowered to appropriate a proportion of the county funds to the relief of distress. The occupation he had just mentioned would not be unsuited to the classes who were suffering; for all who were in the habit of doing labouring work could break stones, and in many instances they would earn more by this species industry than they could obtain as common labourers.
The SOVEREIGN begged to move, in place of the last resolution proposed, the following:--
"That a Committee be now appointed to take the means which may appear most desirable to relieve this distress, and that they be specially directed to endeavour to procure employment for the applicants, at the earliest possible moment."
The resolution was seconded by R. J. TENNENT, Esq., and unanimously agreed to.
Mr. TENNENT said that the selection of a committee was a matter which required a good deal of care. Perhaps it might be the better course not to leave it to the indiscriminate choice of a town meeting. At all events, it would be wise to request the late committee of the House of Industry to act upon that to be now selected, that they might have the benefit of their experience. He would move, in the first place, that all the clergy of the town should be appointed members of the committee.
Dr. COOKE said it would be quite vain to appoint the most useless persons to do the most difficult work. He did not mean that they were the most useless in point of experience, but that they had the least time. Some of them would attend the meetings of the committee, and the rest would be only a dead weight. (Hear and a laugh.)
The Rev. Mr. COURTENAY conceived it would be better not to appoint the clergy on the committee at all, but to leave the business to be managed by lay-men, who could have the advice of the clergy if they required it.
Mr. KANE -- Yes -- that is the best plan; and let us now proceed to the main business of the meeting, for I see some gentlemen slipping away, whose subscriptions it would, perhaps, be as well to get before they go. (Much laughter.)
The following resolution was then moved, seconded, and agreed to:--
"That, in order to meet the immediate necessity of the case, a subscription be now entered into, the distribution of which shall be placed in the hands of the following committee:-- Mr. R. J. Tennent, Mr. Ritchie, Mr. Sinclair Mulholland, Mr. S. Thomson, Mr. Fenton, Mr. Jas. Kennedy, Dr. M'Gee, Captain Boyd, Mr. Holden, Mr. M'Comb, Mr. Kane, Mr. Calder, Mr. Harlin. Mr. Molony, Mr. Heyn, Mr. R. Montgomery, and Mr. A. Montgomery, with liberty to add to their number the last committee of the late House of Industry. The committee to be re; quested to meet at twelve o'clock, at the Commissioners' Rooms, to-morrow."
Mr. COURTENAY proposed that the Sovereign should be requested to act as treasurer. He was very prompt and active in calling meetings connected with the interests of the town, and perhaps he would allow them to impose upon him this additional trouble.
The SOvEREIGN suggested that Mr. Goddard would be much more competent person for the office.
It was then moved that Mr. Fenton be requested to convene the committee for the transaction of business, and that the Sovereign do act as treasurer.
Mr. KANE -- Oh, Mr. Goddard will suit better for a treasurer -- he is always upon the spot, whereas the Sovereign may be called away to attend the Election Committee. (Laughter.) The banker is preferable to our Sovereign -- (renewed laughter) -- and I am sure the Sovereign will be obliged to me for relieving him of his office. (Hear, hear.)
Mr. TENNENT (while the business was interrupted| by the collection of subscriptions) said, that he might take this opportunity of stating what the Poor Law Guardians had done with respect to one of the remedies proposed for the existing distress; he alluded to emigration. It was now three weeks since he drew up, at the Board of Guardians, a requisition to the Poor Law Commissioners to take measures for having a rate imposed for the purpose of affording funds for emigration. Mr. Gulson told them that it would be sufficient for a majority of the Guardians to sign this document, and he would support it. Almost by return of post, an answer was received, informing the Guardians that it was necessary that the requisition should be signed by the whole of the Board. Out of the ten Guardians, eight had signed the document; and, so soon as the defect was notified, the two additional signatures were procured, and the requisition was forwarded to London immediately. This was nearly a fortnight since, and yet no answer had been returned. He made this statement, to show that the means pointed out had not been overlooked by the Guardians. It was now, however, agreed, upon all hands, that the delay upon the part of the Poor Law Commissioners had rendered the scheme of emigration quite impracticable at this late period of the season. He himself was strongly in favour of emigration; for he was convinced that it was better for men to proceed to any country where they could procure employment, and adequate remuneration for it, than to remain here, where work is daily ebbing away from them, while their own numbers are increasing. For the present season, emigration was out of the question, and those who were in favour of it had no other remedy left for the existing distress than the contribution of their money and the providing of employment for the unemployed.
The SOVEREIGN said he wished to make one remark on what had just fallen from Mr. Tennent. It was, no doubt, too late in the season for emigration to Canada or the United States; but it was the best season for emigration to New South Wales, as persons leaving this contry now would arrive at their destination in the spring.
Dr. COOKE said the expense of emigration to Australia at once put it out of the question.
Mr. TENNENT said the Poor Law Commissioners would not grant a rate for emigration to New South Wales. He believed they confined themselves to Canada, Nova Scotia, and New Brunswick.
JOHN BOYD, Esq., desired to impress upon the attention of the Police authorities the present state of several of the streets and sewers of the town. Many of these required repair; but, instead of employing additional hands for this purpose, he was informed that the Commissioners had actually turned off lately a number of the persons in their employment. To give an instance of the evils of which he complained, the street in which he himself resided was altogether impassable for a jaunting-car; and, although he was a rate-payer of the borough, he was obliged to make a circuitous route to reach his own house. This was a matter deserving of immediate notice. In the repairs requisite in paving, cleansing sewers, &c., a considerable number of labourers might be employed. He was sorry that no gentleman better qualified than he was had taken up this subject.
The SOVEREIGN said he was not aware of the circumstances stated by Mr. Boyd; but they might be correct, for aught he knew to the contrary.
Mr. BOYD -- The street to which I referred is College Street South.
The SOVEREIGN -- I alluded to the turning off of workmen by the Police Commissioners.
Mr. ASH corroborated the statement of Mr, Boyd. He had had his information from one of the very persons turned off.
The SOVEREIGN said it was, at all events, a case which ought to be submitted to the Police Commissioners.
JOHN DUNVILLE, Esq., said, with respect to College Street South -- the street mentioned by Captain Boyd -- it ought to be recollected that it was private property. They were aware that, before the Police Commissioners undertook to pave any such street, the owners of it were required to have it levelled and rendered passable themselves. Now, in this case, Mr. Orr, the owner of the street in question, had frequently been applied to for this purpose, but he had not yet complied with the request of the Commissioners. He had, however, been served with notice either to have the necessary work done immediately, or allow it to be done by the Police authorities, at his expense. As to the turning off of hands by the Police Committee, he must say that he had not before been aware of it.
The Rev. J. SCOTT PORTER said it might appear that bricklayers, carpenters, and other tradesmen employed at work of the kind furnished by the Commissioners, were not at present among those in the greatest distress. He rather thought that, at this season, when building was going on, they were generally pretty fully employed.
Mr. ASH -- I can tell you that they are not just now half employed. [Mr. BOYD -- Hear, hear. I myself have them at work at far lower wages than you could expect them to take.)
Mr. PORTER -- I am very sorry to hear it.
The business of the meeting being now completed, the Sovereign was called to the chair, in the room of Lord Donegall.
The thanks of the meeting were then voted to his Lordship, on the motion of the Rev. WM. BRUCE, seconded by Mr. DUNVILLE.
The SOVEREIGN announced that, although there had been but a small attendance of influential gentlemen, many of that class having been kept away from the meeting by business, those who were present had set a good example to others, upwards of £160 having been subscribed in the room.
The meeting then terminated. The committee, according to arrangement, met for the first time yesterday.
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Shipping Intelligence.
PORT OF BELFAST.
ARRIVED, June 25. -- Juno, Wilson, Ballina, meal; Falcon, (steamer), Gowan, Liverpool, goods and passengers. -- 26. Ruby, Rodgers, Larne, flour. -- 27. Maid of Galloway (steamer), Haswell, Stranraer, goods and passengers; Farmer, Stewart, Larne, stones. -- 28. Birmingham, Church, Dublin, goods and passengers; Reindeer (steamer), Head, Liverpool, goods and passengers; Tartar (steamer), Stewart, Glasgow, goods and passengers; Scotia (steamer), Fairburn, Fleetwood, goods an passengers; Countess of Lonsdale (steamer), Lamb, Whitehaven, goods and passengers; Caledonia, Murphy, Liverpool, general cargo; Minerva, Harrison, Memel, timber.
SAILED, June 25. -- Athlone (steamer), Davies, Liverpool, goods and passengers. -- 26. Mary Ann, Burns, Liverpool, provisions. -- 27. Aurora (steamer), Anderson, Glasgow, goods and passengers. -- 21. Ardent, Pascoe, Liverpool, general cargo; Royal William (steamer), Swainson, London, goods and passengers; Falcon (steamer), Gowan, Liverpool, goods and passengers; Antelope (steamer), Macpherson, Carlisle, goods and passengers.
-- -- -- -- -- --
DEPARTURES OF STEAMERS.
Liverpool, the Athlone, Davies, to-morrow, at three o'clock afternoon.
Greenock and Glasgow, Tartar, Stewart, on Monday, July 4, at six o'clock evening.
Greenock and Glasgow, the Aurora, Anderson, this day, at 4 o'clock afternoon.
Dublin, Birmingham, Church, on Wednesday, July 6, seven o'clock evening.
Stranraer, the Maid of Galloway, Haswell, Tuesday, July 5, at ten o'clock morning.
Whitehaven, the Earl of Lonsale, Thompson, Wednesday, July 6, at half past six o'clock morning.
Carlisle, the Antelope, Macherson, on Tuesday, July 5, at six o'clock evening.
Havre-de-Grace, calling at Kingstown and Plymouth, the Duke of Cornwall, Mills, on Tuesday evening, 5th July, at six o'clock.
Liverpool, calling at Larne, &c., the Coleraine, Johnstone, from Portrush, on Thursday, July 7, at nine o'clock morning.
From Liverpool for Halifax and Boston, the Acadia, Ryrie, on 5th July.
-- -- -- -- -- --
SAILINGS OUTWARDS.
The Ardent, for London, clears on Saturday (to-morrow), 2d July.
The Gondola of Belfast cleared at Liverpool for Port-au-Prince, 24th ultimo.
-- -- -- -- -- --
SAILINGS INWARDS.
At the Motherbank, for Belfast, the Susan, 25th ult.
Jeune Clemence, Smith, from Antwerp to Belfast, 24th ultimo.
The Earl of Durham, Martin, from Malta, for Falmouth, 9th ultimo.
Duke of Wellington, Mann, from Swinemunde to Poole, 19th ultimo.
Brunswick of Belfast, Campbell, from Stettin to Glasgow, 18th ultimo.
-- -- -- -- -- --
ARRIVALS INWARDS.
On Tuesday, the Minerva of Belfast, Harrison, from Memel, with timber, 16th, off the Naze of Norway, spoke the Brunswick of Belfast -- all well.
At Liverpool, Constantine, Simpson, from New York, 27th ultimo.
At Liverpool, the John and Robert of Belfast, M'Kechnie, from Quebec, 27th ultimo.
At Derry, the Mary Stewart, Captain Webber, from Trinidad, in thirty-four days, with a cargo of sugar, molasses, and coffee.
-- -- -- -- -- --
ARRIVALS OUTWARDS.
The barque Sarah Stewart, Low, master, arrived at Quebec on the 4th ultimo, being the first ship from Belfast this season; and no deaths during the passage. -- Communicated.
At Quebec, the Souris of and from Belfast, Henry Maxwell, master, with passengers -- all well.
The barque Rosebank of and from Belfast, Captain Montgomery, hence for Quebec, has arrived safe -- passengers and crew all well -- being the first ship from Belfast this season -0 Communicated.
The Millman of Belfast, Blayne, at Cadiz, from Gibraltar, 14th instant, and was loading for Monte Video.
At New York, from Falmouth, the Orient of Belfast, 18th May.
At Quebec, the barque Try Again, from Cork, 190 passengers, 22d May.
At Quebec, the ship Aberdeen, Duffy, general cargo, 22d May; with the following vessels:--
The brig Leo, Murphy, from Wexford, 152 passengers, 27th May.
The ship St. Patrick, Cork, 382 passengers, May 28.
The barque China, Jones, Limerick, 293 passengers, May 28.
The brig Thistle, Thomas, from Waterfoni, 86 passengers, 31st May.
The ship Ann Jeffry, Dalton, from Waterfond, 199 passengers, 1st June.
The ship Dolphin, Sullivan, from Sewry, 358 passengers, 1st June.
The barque Gratitude, Forrest, from Newry, 139 passengers, 1st June.
The steamer Lumber Merchant, Chabot, with 417 passengers from the wreck of the Jane Black, from Limerick, May 23d.
ANTWERP, June 24. -- The British Queen arrived here this morning (the 24th) at half-past eight. She has, therefore, performed the voyage in less than seventeen days.
-- -- -- -- -- --
ENTERED FOR LOADING.
QUEBEC, May 25. -- The new ship Letitia Heyn, Parke, 587 tons register, for Belfast. -- June 1st. -- The Canada, 283 tons, Belfast.
-- -- -- -- -- --
CASUALTIES.
BOWMORE, ISLAY, June 23. -- The brig Pilot of Cardiff, for Havannah, foundered on the 22d ultimo, about 60 miles to the west of Tory Island; twelve of the crew have arrived here in the ship's boat.
MONTE VIDEO, March 30. -- The English brigantine Astra, from Liverpool to Buenos Ayres, has been wrecked at the island of Buenavista, Cape de Verds.
QUEBEC, 1st June. -- Captain Thomas, of the brig Thistle, arrived yesterday, reports the barque Charlotte Harrison dismasted and abandoned at sea, lat. 46 37. long. 35 W. Captain M'Donald, of the brig Septima, arrived on Monday, reports that, on the 9th May, in lat. 47 20, long. 46 30, he saw a sail on his lee bow, apparently in distress, but making no signal; he bore down towards her, when he discovered her to be the Stephen of Newcastle, abandoned and in a sinking condition.
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Banner of Ulster - Monday, 11 July, 1842
Birth
June 30, at Newcastle, county Down, the Lady of PATRICK BRENAN, Esq., of a Son and Heir.
Deaths
June 2, at Paris, the Duchess of MELFORT, born Baroness Albertine de Rotberg and Comtesse de Coligni.
June 29, at Grosvenor Square, in the eighty-eighth year of his age, the Right Hon. Sir WILLIAM ALEXANDER, of Airdrie, N.B., formerly Lord Chief-Baron of the Court of Exchequer.
June 30, at Clonmel, WILLIAM MILLER, Esq., Collector of Excise.
June 28, in the Bow Island, near Pettigo, Mr. GEORGE ALLINGHAM, sen., in the hundredth year of his age. The united ages of his mother, grandmother, and great grandmother, exceeded three hundred years.
Clippings
Shipping Intelligence.
PORT OF BELFAST.
ARRIVED, June 24. -- Argyle, Jones, Bangor slates. -- 25. Aurora (steamer), Anderson, Glasgow, goods and passengers; Antelope (steamer), Macpherson, Carlisle, goods and passengers; Royal William (steamer), Swainson, London, goods and passengere. -- July 2. Royal Adelaide (steamer), Batty, Dublin, goods and passengers. Tartar (steamer), Stewart, Glasgow, goods and passengers; Antelope (steamer), Macpherson, Carlisle, goods and passengers; Commodore, Campbell, Leghorn, oil, &c; Martha, Shearer, Derry, meal; Betsey, Elliot, Derry, general cargo; Darling, Jones, Beaumaris, stones; Hooter, M'Iver, Newry, stones; Rodolph, Morgan, Liverpool, coke; Henry, Davies, Beaumaris, stones. -- 3. Ruby, Rodgers, Larne, flour; Reindeer (steamer), Head, Liverpool, goods and passengers; Scotia (steamer), Fairburne, Fleetwood, goods and passengers; Industry, Brennan, Sligo, meal; Duke of Montrose, Kerr, Wicklow, sulphur; Royal Victoria, M'Ferran, Liverpool, salt; Success, M'Lerrow, Alloa, sulphur. -- 4. Brothers, O'Hara, Glasgow, general cargo;
SAILED, July 1. -- Aurora (steamer), Anderson, Glasgow, goods and passengers. -- 2. Athlone (steamer), Davies, Liverpool, goods and passengers.
SAILINGS INWARDS.
The barque Tom Moore cleared at Quebec for Sligo, 12th ultimo.
The Promise, Beckford, and St. Martins, Vaughan, sailed from St. John, N.B., for Newry, 3d ultimo.
The Sir George Prevost, Savage, cleared at Quebec, for Newry, 4th ultimo.
The Corsair, Harkness, cleared at St. John, N.B., for Newry, May 28.
The Envoy, Giffney, cleared at St. John, N.B., for Derry, 8th ultimo.
The Londonderry, Hatrick, cleared at St. John, N.B. for Derry, 10th ultimo.
The Creole, Clarke, sailed from St. John, N.B., for Derry, 15th ultimo.
The Agnes and Ann cleared at Quebec, for Newry, 2d ultimo.
SAILINGS OUTWARDS.
The brigantine Horsford, of Belfast, Byers, sailed from Newport, for St. Thomas, 28th ultimo.
The Dee, Royal West India mail steamer, sailed from Southampton, for Barbadoes, 1st instant.
Sailed from Liverpool, for New York, 29th ultimo, the Rockingham, Penhallow.
Sailed from Liverpool, for New York, 1st instant, the Denmark, Frost.
At New York, from Liverpool, the North America, Eutaw, Chieftain, Europe, Abbotsford, and Roscius.
ARRIVALS OUTWARDS.
The Orlando, from this port, arrived at Wick, 18th ultimo.
The Helen, Mearns, at Quebec, from Derry, with passengers, 9th ultimo.
Her Majesty's steamer Rhadamanthus from Plymouth, at Halifax, 16th June; transferred her despatches and special messenger for New York to the Britannia steamer, for Boston.
The brig Sarah, of Belfast, Harper, hence at Demerara May 12.
The brig Rebecca, of Belfast, Bracegirdle, hence at Demerara, May 26th.
The schooner Chieftain, of Belfast, Porter, from Marseilles, at St. Petersburgh, 20th ultimo.
The brig Brunswick, of Belfast, Campbell, at Swinemunde, 19th ultimo.
The Odessa, from Londonderry, at St. John, N.B., on the 15th ultimo; crew and passengers all well.
The ship Octavius, Colburn, from Derry to Philadelphia, with passengers, arrived on the 7th ultimo.
The ship Medora, Turner, from Derry to Philadelphia, with passengers, arrived safe on the 8th ultimo; all well.
The Helen, from Derry, to Quebec, with passengers, arrived safe on the 8th ultimo; all well.
The Marchioness of Abercorn, Hegarty, master, arrived at Quebec on 28th May, and landed her passengers all well.
ARRIVALS INWARDS.
The brig Sir A. N. M'Nab, of Belfast, Press, at Liverpool, from Marseilles, 29th ultimo.
The brig Mary Stewart, Webber, at Derry, from Trinidad, in thirty-four days.
At Liverpool, from New York, on 20th ultimo, the George Washington, Burrows.
CASUALTIES.
LIVERPOOL, June 27. -- The Thomas Daniel, from Bristol, was wrecked on Bonny Bar, previous to March 28.
KIRKCUDBRIGHT, June 25. -- The Jean and Mary, Hanning, went ashore among the rocks yesterday, bilged, and is expected to become a wreck.
QUEBEC, June 15. -- The brig Ardgowan, Cargill, was dismasted, 6th ultimo, in lat. 47, long. 37, and was abandoned on the 9th; crew (except two, killed by the falling of the mast) saved, and arrived here.
BIDEFORD, June 25. -- The Crescent, Payne, bound to London, was abandoned at sea yesterday; she has since driven ashore on Lundy Island, and is expected to become a wreck; crew saved.
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QUARTER-SESSIONS FOR BELFAST DISTRICT.
Monday, July 4.
THE RIOTS AT THE UNION WORKHOUSE.
Charles Boyd, Eliza Maxwell, Ann Jane Montgomery, Margaret Murphy, and Ellen Murray, for a riot and an affray in the Belfast Union Workhouse, on the 8th June.
Mr. O'RORKE applied that witnesses on both sides should be ordered to withdraw. Granted.
Mr. O'NEILL then stated the case for the prosecution. The first witness called was
Mr. Wm. Boyce, clerk of the Union, who deposed as follows:-- The prisoners at the bar were inmates of the workhouse on 8th June last; a riot took place that day in the house. A person named Brett, who had formerly been master, tendered his resignation to the Board of Guardians, which was accepted. On the 8th of June his duties as master ceased; he left the house: on that morning about ten o'clock, and returned shortly after dinner time; I was in the dining-hall when he returned; and I asked him to go into the parlour to make some settlement with him about the keys of the house. He gave me a great deal of abuse, and also the other officers; I told him not to conduct himself in such a manner before the paupers, and if he would persist in doing so, I should be under the necessity of having him put out of the place. He would not keep quiet, and I immediately ordered M'Cartney to put him out. The paupers then commenced to shout and scream, and those who were outside began to knock, at the door for admittance. After a short time, the doors were burst open. The prisoner Murphy was in the yard, but I did not see her do anything, and Murray was gartering stones in her apron.
The BARRISTER said that it was quite evident that she was not in a sound state of mind, and the Jury must acquit her on these grounds. While she continued in the dock, the case could not be proceeded with.
Several of the Jury said they knew her for a length of time, and that she was as his Worship had stated.
Mr. Boyce's examination continued -- I saw Montgomery knocking at the wash-house door, and I went round and asked her why she was doing so. She replied she wanted out of the place; I saw her in the hall afterwards, when she asked me to let her out; her tone was not very mild, and her manner very imperative. [Mr. Boyce here cast his eyes at a slip of paper which he held in his hand. Mr. O'RORKE, observing him, asked what it was, and desired him to put it in his pocket, as he could not be permitted to read his evidence. Mr. Boyce denied having read a syllable of the writing, and proceeded.] I saw Murphy at the window acting very violently. The door was broken by the paupers in the yard; thinks Montgomery was not in concert with the others. The windows were broken during the riot. At supper time, on the same day, the house was in an uproar, and continued so from half-past two till five o'clock; the officers of the house were not able to suppress the disturbance and insubordination, and were obliged to send for the police. The prisoner Boyd on that evening was very noisy, beating upon the table with a tin, and the others were jumping on the tables, and making noise also. The noise still increased, and I could not quell it. All the violence was directed by the paupers against the matron and the porter. That feeling arose from an unwillingness on the part of the paupers to obey the orders given by these persons, and to submit to the rules of the house, and all they did was contrary to, and at variance with the rules which govern the house.
Cross-examined by Mr. O'RORKE. -- It was not I who instructed Mr. O'Neill to say that this was a struggle between the officers of the workhouse on the one side, and the paupers on the other. I am only clerk of the Union. I took an active part in expelling Mr. Brett, the late master, but not more active than I thought I was entitled to do. I swear that I did not put hands to him on the 8th June to expel him, Mrs. Connor was matron of the workhouse. I did not see her endeavour, in the dining-hall, to put Mr. Brett out. Mrs. Connor's husband was for some time master of the house. He was in the house, after he had left, on the 8th June. I saw him look through the door of his wife's kitchen. I did not see him, or Mrs. Connor, or the schoolmaster, endeavour to put him out. The porter, M'Cartney, did put his hand on him, by witness's orders, and tell him, "My good man, you had better leave this." He was coming to the end of the dining-hall, when he turned round -- M'Cartney put his hand on his shoulder; a number of paupers then surrounded him, raised, a cry of "murder!" and made a great shrieking and noise. There had been no stones thrown, and no windows broken -- no tumult, in fact -- till after the cry of murder. The idiot, Murray, did not gather stones in her petticoat before the windows were broken. I never intended to I swear that she did. (There appeared such a statement in the informations.) There was another female given into custody by me, but she is not on trial, for I had no charge against her. Ann Jane Montgomery was locked up in the washing-yard, and she commanded me to let her out. I was at the Police Office at the examination of the schoolmaster, but I am not sure I was there when the informations were taken against him. I reported to the guardians that the Magistrates had decided upon sending the rioters for trial to the Sessions, and that I should swear informations. They said the Magistrates had summary jurisdiction in the case, and that they did not wish to prosecute them further. The paupers were not expelled before informations were ordered against Stewart -- to the best of my knowledge, they were not. It was on the 14th June that the Board ordered the discharge of the paupers, and that no further proceedings should be taken against them. I neve heard a charge against Stewart until I went to the Police Office and heard it from yourself. This must have been after I turned the paupers out.
His WORSHIP said it appeared to him that the paupers, in entering the dining-hall, did so to preserve the peace -- not to break it.
The BARRISTER afterwards said -- I think, Mr. O'RORKE, you need not press the witness -- so far as he has gone, his evidence is in favour of your client. He has failed to prove a riot, a rout, or an affray.
Mr. O'RORKE -- Very well, Mr. Boyce; I'll not trouble you farther.
BARRISTER -- The Crown have failed to prove any riot, affray, or unlawful assembly, and the case for so far is in favour of prisoners. There has not been a particle of evidence to prove that they acted in concert, or that they met together for any unlawful purpose, all of which must he done to constitute a riot and affray.
Mr. YOUNG said it was not the intention or wish of the Guardians to have prosecuted the paupers, but they had been compelled to do so by Mr. O'Rorke.
BARRISTER -- They are now in the hands of the Jury, and the Jury must deliver them, and I consider that the Magistrates, in sending the case for trial to this Court, had sufficient grounds for doing so, in order that it might be fully investigated.
Charles M'Cartney sworn -- I am porter in the workhouse, and recollect the 8th of June. I remember his going up the dining hall, after dinner, at the time I was going up. I understood his duties ceased that morning. He called on Mr. Boyce -- the latter turned round, and some altercation ensued. I heard Mr. Brett say that it was reported some of the female paupers were pregnant by Mr. Connor. Mr. Boyce said if he was not less violent, he must be removed. The altercation went on -- Mr. B. ordered him to leave -- he did not do so -- and Mr. B. directed me to remove him. I put my hands to his breast, and said he had better leave. I was removing him when the paupers gathered round, seized Mr. Brett, and prevented me. There had been a great excitement in the house about Mr. Brett, all the day. Some paupers, when they seized Mr- Brett, raised a cry of "murder!" The doors were then smashed and the windows broken.
The witness was cross-examined by Mr. O'RORKE.
The prisoners, by the direction of the Barrister, were all acquitted.
Stewart, the schoolmaster of the workhouse, was then indicted for an assault on Margaret Ward.
Margaret Ward, a pauper, examined. -- I am still confined in the workhouse. I remember the 8th of June when Mr. Brett came into the dining-hall. He was coming to his own parlour, when he saw Connor, the late master, standing in the door. The latter told him he had no business there, and Mrs. Connor came forward, caught him by the breast, repeated the same words, and told Stewart, the schoolmaster, that she gave him into his charge, to put him out. Mr. Brett said the Guardians had given him liberty to stop while he found it convenient. Stewart told him he was a liar -- that he was discharged at ten o'clock that morning. M'Cartney, the porter, came up, and caught him by the back of the neck, and began to drag him out. Stewart had hold of him by the breast. The doors were all locked before they began to attack Mr. Brett. The paupers in the hall interfered in his behalf, and prevented them from ill-treating him further. I said -- "It is better for you, Mr. Brett, to say nothing, for they'll murder you." He replied that he was never born to be murdered in a workhouse. When I interfered, and told them not to kill Mr. Brett, Stewart called me a blackguard, and struck me on the forehead, which raised a lump that was observable to all the females in the dormitory for several days.
The only new fact elicited by the cross-examination was, that the witness had been three months in jail, on a conviction for felony.
Catherine Howley and two other female paupers minutely corroborated the foregoing. No variation in their testimony, at all material, was elicited on the cross-examination.
Catherine Sherlock, a pauper, was examined for the defence. She gave a similar account of the affray, up to the time of the assault She stated that when Stewart told Brett he had no business in the workhouse, the latter replied that if "he thought worth his while he would strike him." When Brett was being removed, Margaret Ward interfered, and, calling Stewart a white-livered rascal, told him not to kill the man. He turned towards her, and desired her to go away -- that she had no business there. She then went down the hall, clapping her hands, and crying "murder!" She went to the door, and shouted to the paupers outside, "Why are you not breaking the windows and doors, when Mr. Brett is a-killing?" It was immediately after this that the windows and doors were broken. Stewart struck neither Brett nor Ward.
In the course of the examination, the Barrister, from the line of interrogation adopted by Mr. Young, told him that what the witness was swearing was not evidence -- that it was Mr. Young's tale -- not hers.
Other paupers supported the evidence of this witness, and concurred in their account of the fracas among the officers of the workhouse, and of the polite terms "liar," "abominable liar," &c., having been bandied between Stewart and Brett. They all deposed that Ward, the prosecutrix, was very violent in her conduct.
For the defence witnesses were called, who proved that Ward was not present at all during the riot; that Mr. Brett had called Mr. Stewart a liar, and some other very polite names, which we need not insert.
The BARRISTER here remarked that the whole affair was highly disreputable. His Worship addressed a few remarks to the Jury, who retired, and, after a lapse of twenty minutes, returned into Court, and the Foreman intimated that there was no likelihood of their agreeing. They were accordingly discharged, and Stewart bound over to appear at the next Sessions, and stand his trial.
NEW PETIT JURY. -- Wm. Page, Thos. O'Reilly, Robert Orr, Hugh M'Kendrick, John M'Cord, Arthur Quin, Samuel Quigley, Robert Quirey, Daniel Robinson, John Rounds, John Purdy, Bernard M'Cann.
Charles M'Cartney, porter of the workhouse, was then indicted for assaults on Ann Jane Montgomery and Chas. Boyd, two paupers.
Charles Boyd sworn. Was five months in the poorhouse; was brought up in the old poor-house; has neither father nor mother; was ordered by M'Cartney, the porter, on 14th June, to leave the house, as he had been discharged by the guardians; requested to see the order, as he was not aware of any bad conduct he had been guilty of; this was refused; M'Cartney said he must go out without further hesitation; resisted having the clothes taken from him; was then dragged by him into the bathhouse, and thrown upon the flagged floor; M'Cartney then placed one knee on his neck and the other on his stomach, and took the clothes off him, with the assistance of two persons the governor ordered to his support; the abuse he got raised a lump on his neck, which, yet remains; a boy named Patten saw his face black from the treatment, and advised him to prosecute; this witness is in attendance, and saw all that occurred, but does not know whether he will now stand by his story, as he is getting his bread about the workhouse, and afraid to speak out.
Cross-examined by Mr. YOUNG. -- Mr. Tidd, the governor, ordered witness to leave off the clothes.
To a JUROR. -- M'Cartney did not strike him with his fist; is seventeen years of age.
To Mr. YOUNG. -- M'Cartney let him rise once after he was thrown down, and then threw him down with his whole force again; gave up the clothes when he found himself choking.
The BARRISTER -- Didn't you know it was your duty to give the clothes?
Witness -- I did, Sir.
The BARRISTER then told the jury the officers had a right to use any violence necessary to obtain the clothes.
Mr. Tidd, the present governor of the poor-house, proved giving the orders for the removal of the boy, and for taking the clothes off him. The boy refused, and force was resorted to, but not more than sufficient for the purpose. Did not think he was injured.
Anne Jane Montgomery stated her charge against M'Cartney. It appeared that on Sunday morning, the 12th, she had been confined in one of the dormitories, and was sitting on the step of the door, when M'Cartney came round and ordered her to rise up. She requested him to leave the door open to let in the air, and he refused. Witness then put her hand to the door to keep it open, when M'Cartney struck her a blow with his fist on, the breast, knocked her down, and she fainted from the effects of it.
Several witnesses corroborated her statement, and the case went to the jury. The jury retired, and, after a lapse of fifteen minutes, returned into Court, and the foreman (Mr. Page) said they could not agree. They were also discharged, and M'Cartney bound over to appear at next Quarter Sessions.
This terminated the business of the Sessions, and the Court was dissolved.
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SPECIAL COMMISSION IN TIPPERARY.
Clonmel, Tuesday, June 28.
The special Commission was opened this morning. At half-past ten o'clock, Chief Justice Pennefather and Chief-Justice Doherty entered the Court, and took their seats upon the bench.
The Attorney-General, accompanied by Mr. Sergeant Greene, took his place; and Messrs. Hassard and Rolleston appeared for the prisoners.
The Grand Jury having been sworn,
Chief-Justice PENNEFATHER addressed them. The following is a portion of his charge:-- It is a lamentably notorious fact, that a great portion of your fine county -- the northern district of it -- is in a state of disorganization and insubordination to the laws; that life and property are not secure -- for no man can call his life his own, when assassination pervades and stalks through the land, in open day, and when the murderer hardly seeks for the advantages of the concealment of darkness, when he sets about to perpetrate his deeds of guilt. Property is as insecure as life -- no man can be said to be master of his own property -- a man cannot choose his own servants, except at the peril of his own life, and those whom he may think proper to employ as tenants or servants. All the county seem to combine in one universal plan, to support a system of outrage, a system of violence, a system of destruction both to themselves and those with whom they have to deal. Gentlemen, that I do not draw an overstrained picture of the lamentable state of that part of this county, I have only to make reference to the police return, for three months preceding the 10th of last May; and, by a comparison with the police return for the preceding year, for the same period, show to you, that that state of crime has not diminished, and has not decreased. The three districts from whence these returns have been made are the districts of Nenagh, Borrisokane, and Newport; and, up to the 10th of May last, three months then ending, the state of crime is as follows:-- There were two homicides; six cases of firing at the person -- a crime little differing, or, indeed, not at all differing, in point of guilt, from that of murder; there were twelve cases of appearing in arms; firing into dwelling-houses, twenty. There were nineteen cases of attacks on dwelling-houses; two cases of attacks by armed parties, and about twenty for firing into dwelling-houses; and one of highway robbery. There was one instance of waylaying; there were eight cases of riotously assembling; four of demanding arms, and seven incendiary fires. There was, also, one case of killing and maiming cattle, three instances of levelling, three of robbery, twenty-five of threatening notices or letters, one of cattle stealing, six cases of malicious injury to property, one of infanticide, and five cases of aggravated assault -- thus, altogether, forming a total of one hundred and twenty-five of those grave and outrageous offences committed in these three baronies, within the short space of three months. This is, gentlemen of the jury, a shocking thing to think of. Why the finest county -- the finest part of Ireland -- should be polluted with blood all over it, and the nature of the crimes in which being such, that neither sex nor age are spared, evince an abandonment in crime which the most barbarous nation would not sanction. His Lordship concluded by instructing the Jury on the important duties which the Grand Jury had to perform.
MURDER OF MR. HALL.
Patrick Byrne and William Kent were then placed at the bar, charged with the murder of Robert Hall, Esq.; but, after an application for the postponement of their trial till the assizes being refused, the Court adjourned till next day.
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Wednesday, June 29.
The Lord Chief-Justice and Chief-Justice Doherty entered the Court this morning at ten o'clock.
A Petit Jury having been sworn,
Byrnes and Kent were arraigned and given in charge for the murder of Robert Hall, Esq.
The prisoners pleaded not guilty.
The ATTORNEY-GENERAL stated the case in support of the prosecution. The prisoner, Patrick Byrne, was indicted for the wilful murder of the late Mr. Robert Hall, and the prisoner, William Kent, was indicted as having been an accessory before the fact to the commission of the murder. Whether they were guilty or not of that crime, there was no doubt whatever that the evidence must establish the fact of the perpetration of that murder between the hours of ten and eleven o'clock in the forenoon of the 19th of May, 1841. Mr. Hall was an old man -- a man above seventy years of age. He was alone, defenceless, and unprotected, when his assassination took place, in the open day, in a populous country, under circumstances that gave him not one moment for reflection or defence. It appeared that the late Mr. Hall had some years ago purchased a large estate in that county, and resided on it from the period of its purchase down to the time of his murder. His residence was called Merton; and Mr. Kent, one of the prisoners, was his tenant, occupying about seventy acres of land. The late Mr. Hall was a gentleman particularly attentive to the arrangement of his property; however, they had nothing then to do with the management of it, beyond that which is directly connected with the case with which they were then dealing. It would appear that in the month of May, 1841, and perhaps before it, Mr. Kent had determined to break up and burn a very considerable tract of Mr. Hall's estate, of which he was tenant. It would appear that in the beginning of the month of May, 1841, Mr. Kent and Mr. Hall had some altercation with respect to the land he held. The learned gentleman then proceeded to state to the jury the facts which he was prepared to prove in support of the prosecution, and which will be found detailed in the following evidence. Mr. Kent having been cautioned by his landlord against burning the land, it would appear that Kent used various expressions indicative of his ill feeling for Mr. Hall, and it would distinctly appear that he had instigated the commission of his murder. Kent, with four men, named Daniel Shanahan, Timothy Horan, William Carty, and Edward Shanahan, who were in his employment, were in a field adjoining the avenue to Mr. Hall's house, when he came on the morning of his murder upon a jaunting-car which was driven by his servant, named John Connell; he had come from Merton that morning; Connell sat upon the right side of the car, and Mr. Hall on the left. When they got inside the open avenue, he observed, as he calculated, two or three persons at work, but he did not make any particular observation upon them, his attention having been entirely directed to the horse he was driving, which happened to be a stumbler. While approaching the house of Uskane, Mr. Hall observed the fires in the beating ground; he then got off the car, and walked towards the field; the servant proceeded towards the stables, and, while unyoking the horse, he heard a shot fired; he then went in the direction whence the report came, and discovered his master quite lifeless; he opened his cravat and found a wound inflicted on the left side of his neck; a ball of very peculiar shape dropped out; his clothes were burned or singed, and life was instantly extinct, for the bullet smashed the spinal part of the neck; Kent and his workmen then came up to the body, and the witnesses would detail what occurred afterwards. Kent and the other prisoner Byrne were on very intimate terms before that, and it would be shown that Kent had a bullet-mould in his possession which corresponded exactly with the bullet found in Mr. Hall's collar after he was shot. Upon the entire of the case the learned Counsel concluded by observing that he was sure the evidence the Crown was in a condition to produce would fully sustain the charge brought against the prisoners.
Several witnesses were then examined, among whom were two approvers. Their evidence bore out strongly the statement of the Attorney-General.
Mr. HASSARD then addressed the jury on behalf of the prisoner Byrne.
Mr. JAMES DWYER addressed the jury on behalf of Mr. Kent, and concluded an able and eloquent comment of the evidence by calling on the jury to find a verdict of acquittal.
The CHIEF JUSTICE asked if any witnesses on the part of the prisoners would be produced?
Mr. DWYER replied that, from the course the case had taken, they had come to the conclusion not to examine any witnesses.
The CHIEF JUSTICE then proceeded to charge the jury. The jury retired at eight o'clock, and, after being in consultation for three-quarters of an hour, returned into Court with a verdict of guilty against Byrne, and acquitted Kent.
Mr. HASSARD prayed an arrest of judgment on the grounds urged by him on the first day of the commission, namely, that the Court had no jurisdiction in the case.
The Court fixed the following morning for the hearing of the arguments.
Both prisoners were then remanded.
On Friday, Byrne was sentenced to be executed on the 16th instant.
On the same day, Timothy Woods was found guilty of the murder of Michael Laffan, by shooting him with a pistol. Sentence of death was also passed on this culprit.
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BELFAST ELECTION COMPROMISE COMMITTEE.
Monday, July 4.
This committee re-assembled at twelve o'clock yesterday, but did not resume their labours until a quarter of an hour after that time, owing to the absence of the Chairman, who, on his arrival, apologised for having kept the committee waiting.
Mr. Gordon applied to have an alteration made in his evidence, which was complied with.
Patrick Murphy examined -- I am a farmer, residing one mile from Monaghan. I have known John Rowland for the last seventeen years. I saw him in Monaghan in June, 1841. M'Connell was with him. He had a letter. The one produced is the same. It is signed by C. Kennedy. It is a letter promising M'Connell £2, and telling him to bring his friends to Belfast, and they should be treated like princes. M'Culloch gave M'Connell £2, which he said was not enough. He then gave him a sovereign more. M'Connell, Woods, M'Anneny, and myself, started to go to Belfast. I remained there from Saturday, the 12th, until the Monday week following. I was in the Conservative tally-rooms. I saw Mr. Rowland and Mr. Wilson there. A slip of paper was given M'Connell to vote in the name of George Carroll, a bricklayer. The slip was given him by Mr. Rowland. He went out, and on his return said he had done so. Woods also went out, and said he had voted as Andrew Hunter, and there was no opposition. M'Connell said he received one sovereign from Davis on the Sunday after he arrived, and another on the Sunday following. I saw Mr. Rowland give it to him opposite Mr. Grimshaw's office. M'Connell was very shabbily dressed when he came to Belfast, but before he voted he had a blue frock-coat and trousers, waistcoat and hat, complete. I went with M'Connell and Cox to get clothes for the men. We could not get them in the first instance on an order from Mr. Rowland. They then went to Mr. Bates's office. I waited for them in the street. We went to Huddlestone's house, and got the clothes. I had an entire suit. M'Connell asked me to vote, and said it was for that purpose we were brought. I refused. I suppose the clothes were given me to vote. I did not vote, but I kept the clothes. M'Connell and Woods said they would take the turn for M'Anneny and me. After we had got the clothes we went to Cox's, and thence to the tally-rooms. M'Connell took the first turn, and went to vote for Tennent and Johnson. M'Connell objected to vote a second time, as they had put the oaths to him; but Rowland told him to take courage, as the persons who were to be personated were either dead or in America. Persons were coming in and out to get slips of paper to vote. M'Connell went out six or seven times, and changed his clothes every time. One time he had my clothes on. There was a list in the room. M'Connell's name was put down on the list, to prevent his being sent to the same polling-booth. M'Connell and I went to Mr. Rowland's to get some money. We all went away to Cox's; he then gave us £6 a-piece. Rowland gave Woods a £5 note at the same time.
To Mr. SHAW -- I cannot say what I received the clothes and the money for. I did nothing for them.
To the COMMITTEE -- M'Connell and Woods perjured themselves I know, and I went to countenance them. M'Connell did not like to go about alone, as he was a weighty drinker. At Castleblaney, on a trial, I swore I was not at Belfast at all during the election; but, as the prosecution was over, I did not consider I was bound to tell that I was at Belfast. I went to the county of Donegall with Woods, M'Connell, M'Anneny, and M'Briar, and was brought to London as a on the petition.
Francis M'Anneny -- I live at Monaghan. I am a farmer. Woods, M'Connell, Murphy, and myself, were at Mrs. Murdoch's, Monaghan, last summer twelve-month, when M'Culloch came in. M'Connell and M'Culloch exchanged letters. M'Culloch gave M'Connell £3 to carry men to the Belfast election. He wished seven to start that night. We could not go that night, as M'Connell had to be at the Monaghan Sessions the next day. We put up at Cox's at Belfast. We went to the Conservative tally-rooms on the Wednesday morning, when Rowland shook hands with us and welcomed us to Belfast, [This witness corroborated Murphy as to M'Connell and others being sent from the tally-rooms to vote in the names of other persons, and as to their changing clothes on each occasion.] I wrote a letter to Lord Belfast, on the 13th of July, 1841, informing him of all these malpractices of the Conservatives. I did not vote myself, nor was I asked to do so. On the Friday of the election, as I was at the book containing the names of the voters, Mr. Emerson, the brother of the member, came in, and, turning over the leaves, came to the name of Black. He was about to write the name on a slip of paper, when I said that some one had already voted in that name. He then took another name out of the book, and wrote it on a slip. M'Connell, on one occasion before he went to vote, tried on Mr. Rowland's wig, but it would not fit; he, however, put on Mr. Rowland's coat, and went out in it. On his return he said, in answer to a question of Mr. Rowland, that "No remark was made to him at the booth," and then asked for a glass of whiskey. Mr. Rowland also gave a slip of paper and a sovereign to another man in the tally-room. I received £6 on Monday following in Cox's garret. I know that M'Connell and the others perjured themselves when they took the oaths at the poll, and I know they came from Monaghan for that purpose. I took an active part in promoting this personation. I went to Belfast to earn money, and then to betray the party who employed me, and said to Murphy before we went that if anything was done wrong I would tell the other party. No man in Ireland can say anything against Murphy's character; his denying that he was at Belfast during the election did not alter my good opinion of him, as he was not on his oath at the time. I went with the rest to Donegall. Heard M'Connell say on one occasion that it was his fifth time of voting, would not believe him on his oath. Woods voted four times.
William Thompson -- I am a merchant, residing at Belfast. I voted at the last election for the Liberals. I saw a person of the name of William M'Grath on the Thursday of the election. He polled in the name of Patrick Hare. I indicted him for it. He was admitted to bail. He did not appear to take his trial. He has not been seen in Belfast since. His recognizances have been estreated.
William Dillon -- I am an attorney. I was agent for Mr. Ross at booth No. 1. I know George Carroll. At the last election he was at Spa Mount. Some one voted in his name. I called Mr. Bates's attention to it at the time. He replied that "I might be mistaken, as we were all likely to err." The person who voted took both the oaths of bribery and qualification. Carroll told me that Mr. Bates knew him, but I have no other reason to suppose that he did know him at the time of his polling.
Alexander Warnock -- I am a sawyer, living at Belfast. I was employed at the last election on behalf of the Conservatives. Wilson gave me a list, in order to check the persons whose names were upon it from polling for the Liberals. I engaged sixty men as errand-men, and Wilson gave me £15 to pay them. These men were not voters. I watched a voter of the name of Mewha all one night to keep him from the other party. Mr. Rowland asked me if I knew any one who would personate the voters who were on a list which he had. I said I thought I did. I suppose I got about four to do so. I got them from the sixty men whom I had engaged. William M'Grath, John Martin, and Thomas Diffin, were personators. There were seven ready to personate as occasion might require. Wilson took me to Mr. Rowland's room, in order to receive instructions about the personating. The seven men received £1 each for personating. The twenty-six names down on the list produced all personated I believe. They came to me for payment, and I referred them to John Wilson. I received £5 for my services. Abbott came to me and told me he had voted and taken the oaths -- he had voted as some other person. I told him to get out of the way, in order not to be caught by the other party. Mr. Emerson asked me to get a voter, as they wanted one to fill up the tally. I got M'Grath to do so. I did not tell Mr. Emerson who M'Grath was. Rowland gave me a twenty-five shilling note to treat the men who were under my care. He said they had plenty of money, and I was not to be afraid. I met Mr. Emerson on the Monday after the election and pressed him for money; he paid the poor boys ought to be paid in the first instance. 1 believe Wilson gave goods to some of the personators after the election. Wilson made an appointment to meet me on the evening of Monday, and told me to bring a list of the personators. I did so, and he said he would pay me as I read them out. Those that had polled twice received double pay. I got £5 for my trouble. My brother was one who received double pay, and Hanna was another. I lent my coat to a voter on the Liberal side, and he never returned it. I left the list referred to in the pocket. I wrote a letter to the Conservative committee applying for payment of my coat. I was never paid for it.
Mr. SHAW -- Why not apply to the other side, as it was a Liberal to whom you lent your coat? The sixty men under my care elected five leaders to organize and direct them during the election week. I was the commander-in-chief. I should say there were from fifty to sixty cases of personation on our side (the Conservative), and between twenty and thirty on the other. I consider myself a Conservative, although I have been registered by the Liberals. When I was examined by Mr. M'Briar, in January last, on behalf of the Liberals, he gave me £3. I suppose I have received £5 from him since.
The examination of this witness was not concluded when it was announced that the Speaker was at prayers, and the Committee adjourned till eleven o'clock on Tuesday.
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DEATH OF THE RIGHT HON. GEORGE EVANS. -- With the deepest sorrow we have to announce the death of Mr. George Evans, which occurred, on Saturday afternoon, at his residence, Portrane, in the county of Dublin. A purer and more independent public man than Mr. Evans never entered the British Parliament; and as a landlord, and a benevolent private gentleman, it would be difficult to find his equal. The right hon. gentleman had been, for some time back, suffering severely from continued attacks of "flying gout." At length, it reached the region of the stomach, seized upon the vital parts, and suddenly caused his death. Mr. Evans married the sister of the late Lord Congleton (Sir H. Parnell) in 1805, by whom he had no issue. He was made a privy councillor by the Government of Earl Fortescue. -- Dublin Evening Post. -- [Col. Evans was one of the Vice-Presidents of the Royal Belfast Institution.]
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DEATH OF SIR W. PARKER CARROLL. -- With feelings of sincere and profound concern, we have to announce the death of that distinguished officer, Lieutenant-General Sir William Parker Carroll, K.C.H., formerly of the 18th, or Royal Irish regiment an late in command of the troops in the western (Athlone) district. He expired this morning (Saturday), at his residence, Tulla House, Nenagh, after a short illness of inflammation in the chest, from neglected cold. -- Limerick Chronicle.
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The Lords of the Treasury have appointed William Coates, son of Mr. Nicholas Coates, of Downpatrick, principal Coast Officer of Customs at Donaghadee.
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MEMOIR OF MAJOR-GENERAL G. POLLOCK, C.B.
This gallant officer, whose excellent arrangements in conducting an immense mass of stores, provisions, and baggage, through the Khyber Pass, without the loss of a single beast of burden, have excited an admiration only equalled by the cool and determined valour with which that formidable barrier was forced, notwithstanding the desperate manner in which it was defended, is a Colonel in the Bengal Artillery. He received his military education at the Royal Academy, Woolwich, and proceeded to India in 1808. Almost immediately after his arrival he was sent, with five other young officers, to join the artillery under General Lake, who was then about to open the campaign against the most active and enterprising of the Mahratta chieftains, Jeswunt Roa Holcar; and it may afford some idea of the arduous nature of Indian warfare, if we remark, en passant, that in the short period of four months, the subject of this article was the only individual, of the male party just mentioned, who remained fit for duty -- three of them having been killed and two disabled. At the battle of Deig, which took place soon after Lieutenant Pollock joined, he attracted the favourable notice of his superiors by the spirited and judicious manner in which he directed the fire of the brigade of guns entrusted to his charge. At the siege and capture of Deig, and the less fortunate attack on Bhurtpore, he was equally distinguished by the steady, gallant, and cheerful performance of his duty, which, from the poverty of Artillery officers, and the arduous nature of the service, was extremely severe. On the breaking up of the grand army, as it was called, Lieutenant Pollock accompanied the guns attached to Colonel Bowie's force, employed in reducing and settling the country around Gohud. The waste of life attending all these operations was such that Lieutenant Pollock, by mere right of seniority, attained the rank of Captain (Captain Lieutenant in this regiment) before he had been three years in the service, and such had been his general good conduct, that Lord Lake appointed him to one of the first vacancies which occurred in the Artillery Regimental Staff, and subsequent Commanders-in-Chief nominated him successively to the situations of Adjutant and Quartermaster Brigade Major, and finally Assistant-Adjutant of Artillery, in which latter position he had a considerable share in remodelling the Bengal Ordnance department, and placing it on its present excellent footing, though his strenuous endeavours to procure a more effective employment of officers (the want of which has ever, and particularly at the late unfortunate catastrophe in Afghanistan, been so severely felt), proved unsuccessful. Soon after obtaining the rank of Lieutenant-Colonel, which was not until May 1824, Colonel Pollock was nominated to the command of the Bengal Artillery, serving in Ava with Sir Archibald Campbell's army, and was actively employed during the whole of that memorable campaign, which enabled that General to dictate his own terms of peace almost at the gates of Amapoorah. Throughout these operations the steady and efficient manner in which Colonel Pollock superintended the executive duties of his department, under circumstances of a very trying description. was the theme of universal approbation; and he not only received the repeated thanks of the Commander-in-Chief, as well as of the Government of India, but was honoured by his Sovereign with the decoration of a Companion of the Bath.
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The Banner of Ulster - 13 July, 1842
Births
On Sunday the 3d instant, at Carrickfergus, the Lady of WILLIAM BURLEIGH, Esq., of a son.
On the 30th ultimo, the Lady of JAMES HUTCHINSON, Esq., Banbridge, of a Son.
Marriages
On the 7th instant, at the residence of his mother, in North Street, Armoy, by the Rev. William Killen, P.P., ANTHONY LOUGHRAN, Esq., to Miss ELLEN STEWART, only daughter of the late John Stewart, Esq., Tully House, Loughguile.
At Toronto, Canada, Lieutenant-Colonel JAMES FURLONG, 43d Infantry, to SOPHIA, daughter of Henry Bolton, Esq., late Chief Justice of Newfoundland.
Deaths
On her passage to Sydney, in the twenty-second year of her age, Mrs. JOSEPH C. BRADY of Camlough, Newry.
On the 29th ultimo, at Fathom Locks, Newry, in the forty-second year of his age, of erysipelas, Mr. EDWARD LOWRY, Millwright.
Clippings
THE TIPPERARY CONVICTS.
We have received the following communication from a correspondent in Clonmel:--
"CLOMEL, THURSDAY EVENING, July 7.-- The wretched convicts, Byrne and Quilty, are perfectly resigned to the awful fate which awaits them; and, indeed, after the first burst of natural feeling consequent upon the passing of their sentence had comparatively subsided, they expressed a strong wish to see the Roman Catholic chaplain of the prison. Byrne is entirely altered in appearance; his face is wan and haggard, and his frame quite debilitated.Quilty, on the contrary, still retains his complexion, amounting almost to a florid hue: his bodily strength has not apparently abated. On Monday evening Byrne admitted that he was present at the murder of Mr. Hall, but emphatically denied (as has been deposed to on the trial by the approver Horan) that he actually committed the dreadful deed. Quilty still perseveres in his entire innocence of the crime of which he had been convicted, and says that he had no knowledge of that or any other murder. He avows that, notwithstanding, he is not sorry for quitting this world -- that he will die in peace with all mankind.-- Cork Constitution.
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THE ENNIS AFFAIR.-- The Limerick Chronicle of Saturday informs us that the thirty-eight policemen concerned in the late affray at Ennis were discharged from prison, on Wednesday evening, by order of Baron Richards, and now occupy their barracks in Gaol Street. They have not, however, resumed their usual duties, nor will they until the issue of the Government investigation by Mr. T. B. C. Smith, Q. C., is made known. It adds that a report prevails that fourteen of them have joined the army with the recruiting parties of the 16th and 85th, at present "beating up" in Ennis.
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THE LATE MURDER AT DOLLA.-- On Tuesday last the coroner, James Carroll, Esq., held an inquisition on the body of Samuel Hardy, who was brutally murdered on Sunday the 3d instant, at the door of his father's residence.The jury returned as their verdict -- "We find that the deceased, Samuel Hardy, came by his death in consequence of a mortal wound on the left side of the head, inflicted by one of the party, who attacked the dwelling-house of his father, Wm. Hardy, on the morning of Sunday the 3d instant, of which mortal wound he languished until Monday the 4th instant, and then died, at Dolla."-- Nenagh Guardian.
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The ship Constitution of Belfast, Captain Neill, hence to New York, has arrived there safe, after a quick passage of thirty-five days; passengers and crew all well.
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COUNTY DOWN ASSISES.
(FROM OUR SPECIAL REPORTER)
Monday, July 11.
The business of this Court was commenced to-day at nine o'clock--the Hon. Justice Crampton presiding.
The following gentlemen, from the long panel of the county, were sworn on the first.
PETIT JURY:--Thomas Huddleston, William Casement, Robert Davison, Joseph Martin, Andrew Armour, Richard West, John Cooper, jun., William Chambers, William Curry, John M'Meeken, John Fitzsimons, Henry Girvin,
NEWRY ELECTION RIOTS.
Patrick M'Kenna, Hugh Casey, Thomas Bradley, and Roger Garvey, were indicted for a riot at Sugar Island Bridge, Newry, during the Borough election, on the 8th July last; same prisoners were indicted on other counts, varying the charge of riot, and also for assaults upon John M'Gladery and Hugh Higgins.
Sir THOMAS STAPLES, Q.C., briefly stated the facts of the case to the jury.
Hugh Higgins, sworn, and examined by Mr. Hanna, Q.C.-- I remember the 8th July last. The Newry election had then just terminated. I know Sugar Island Bridge, at Newry; it is in county Armagh, or rather divides the counties of Down and Armagh. John M'Gladery was in my company at the time I speak of. There was a mob at the Sugar Island end of the bridge. I cannot say they were rioting. The mob came up behind us, and M'Gladery was knocked down first. I was then knocked down myself, kicked, and my head cut. I heard no noise, nor did I see any stones thrown. I was severely hurt.
To one of the Prisoners.-- I was going home across Sugar Island Bridge at the time I was struck. My home is in County Down. I saw horsemen in Sugar Island, and in Canal Street. I was not with the crowd myself.
John M'Gladery, examined by Sir THOS. STAPLES -- I was in Newry on the 8th July last year. I was severely beaten at the stone bridge at Sugar Island on that evening. I was knocked down there, and severely cut on the head -- so much so, that I was obliged to go to Dr. Davis, and get my lip stitched, and my head plastered. I think it was by kicks when I was down that my head was hurt. I see several of the mob who attacked me present in the Court just now, Higgins, the last witness, was knocked down before I was. M'Kenna, one of the prisoners, wished me to settle this matter, and told me it would be dangerous for me if I did not, as I was obliged to travel about to fairs and markets.
Prisoner M'Kenna -- You swear that I wanted to settle with you?
Witness -- I do. I know you ever since the time you offered to do so.
Prisoner -- Well, you take a hard one (a suspicious oath.)
Witness -- I swear the truth, and nothing else.
Henry Walker, examined by Mr. HANNA, Q.C. -- I was at Sugar Island Bridge on the 8th July, 1841. There was a mob there. I saw Hugh Higgins knocked down, cut, and kicked by prisoner M'Kenna. he recovered himself, and ran towards Sugar Island, when the prisoner Roger Garvey tripped him up. When he was down, the mob cried, "D--n your souls, lay on him." I next saw Higgins in Doctor Davis's shop, getting his wounds dressed.
Cross-examined by Mr. O'HAGAN.-- The Borough election for Newry was going on at the time I speak of. There was a mob of about thirty persons on the stone bridge at Sugar Island. M'Kenna was in the centre of the crowd. I saw none of the of the prisoners there except M'Kenna and Garvey. I did not know Hugh Higgins before that time. I saw no one struck except Higgins and M'Gladery. The prisoners were not struck, but rather at one side. I recollected my story as well at the last Assizes as I do now. I don't remember whether I then said that the riot took place on the county Down side of the bridge.
George M'Craken examined by Sir THOS. STAPPLES.-- I was at Newry on the 8th July, 1841. I did not see Higgins; but I was looking on when M'Gladery was knocked down. I was in Kildare Street when I saw the latter come out of the crowd, covered with blood. He took off his hat, and was wiping the blood off, when a person came out of the crowd, and struck him. That person was the prisoner Casey. Mr. Henry Waring and I pursued the latter, secured him, and sent for the police. A person threatened at the time, that "I would be paid for that." There was great commotion on the bridge, and I thought stones had been thrown previously.
Cross-examined by Mr. O'HAGAN.-- At the time I saw what I have related, I was coming to Mr. Henry Thompson's in Hill Street. I had seen as great an election riot in Newry before that time. I did not see M'Gladery struck by any one except Casey. There was not a great noise at the time M'Gladery was struck. I saw no one struck that night except the one man. I had known M'Gladery before that time, but did not recognise him until after Casey had been arrested.
To the JUDGE.-- I am quite certain that Casey is the man who struck M'Gladery at Sugar Island Bridge in Newry, on the 8th July, last year. There was a large crowd there. I saw Thomas Bradley strike said Hugh Higgins. I cannot say what effect the blow had upon the latter; and I afterwards saw him in Dr. Davis's shop, and his head was bleeding and desperately cut.
Cross-examined by Mr. O'HAGAN.-- The day I speak of was market-day in Newry, and I was in the town on business. I saw no blow struck, except the one. The crowd were scattered on the bridge at the time.
Joseph Edgar, examined by Sir THOMAS STAPLES.-- I was at the stone bridge in Newry on the 8th July, 1841, and saw M'Gladery knocked down, and kicked by Paddy M'Kenna when he was down. I saw the rest of the prisoners kick him in the crowd, both before and after M'Gladery was knocked down.
Cross-examined by Mr. O'HAGAN.-- I was not in the crowd myself. There were about forty people on the bridge.
The case for the Crown closed here.
Mr. O'HAGAN addressed the jury, on behalf of the prisoners. He relied chiefly upon the probability of the witnesses being mistaken as to the identity of the prisoners, considering the time, place, and the circumstances in which the riot and assaults occurred.
His LORDSHIP then charged the Jury, and [-- text unreadable --] circumstances in which the riot and assaults occurred.
His LORDSHIP then charged the Jury, and recapitulated the evidence.
The jury returned a verdict of guilty against all the prisoners, on the different counts. Sentence was not passed.
The following gentlemen were then empanelled as a PETIT JURY:-- Messrs. James Baird, Alexander Bradley, jun., Samuel Donnan, Hugh Donnan, John Gunning, Henry Carr, Richd. Keown, Jas. M'Clurg, John Moore, jun., Robt. M'Cleery, Archibald M'Roberts, and William Newell.
THE BALLYERONEY RIOTS
Matthew Moore was then indicted for a riot at Ballyroney, on the 25th December last.
James Burns sworn, and examined by Mr. HANNA.-- I know Cope's public-house, near Ballyroney. I also know Green's public-house, about a mile distant. I remember the evening of last Christmas day. I was then in Green's public-house, in company with my cousin, Francis Brown.There is a large room in Green's, and there were about thirty persons in it, drinking around a table.I saw a man come into the room, go over to a table, and call a man from the other side of the table. The person came round to him, and, after they two had talked together for a time, the man got up on a form, and told the company to take up their guns. The prisoner Matthew Moore was present. I saw the guns taken up, but did not know by whom. Matthew Moore went out with the crowd. I could not swear he had anything in his hand. While upon the road, I heard a person tell the man not to bring their guns to the Skeagh -- the place were the man M'Ardle was killed. The crowd went in the direction of Cope's, and I went across the fields, in the same direction. There might have been about forty persons in the crowd. I stood in the field, near Cope's, and saw the crowd come up to that house, from the directions of Green's.
Cross-examined by Mr. BOYD.-- I went to the place just to see the fun. I swore, on the last occasion on which I was examined, that a person came into Green's and talked with a man, who afterwards told the men to take up their guns. I saw about six or seven guns, and knew five of the persons, in Green's house. I didn't swear against Moore before, because I was asked no question about him. I heard a boy say that there would be fighting at John Cope's, and I went to warn the people. I would not swear that the party whom I saw at Cope's were those who left Green's. for I had lost sight of them.
Francis Burns, examined by Sir T. STAPLES.-- I know Green's public-house, and was there on the evening of Christmas day last. There were a great number of people -- say about forty -- in a large upper room there. I saw guns in a corner, and observed men run out upon the road with these guns. The men left Green's, but not in a body, and proceeded in one direction -- that of Cope's public-house. I went near to Cope's myself. I saw Moore near Closkilt meeting-house, on the way to Cope's, and about a mile from it. I saw a great number of persons rush up to Cope's door, shouting, "Turn them out to us now."I heard running commence on the road, on the Banbridge side, and afterwards four or five shots fired -- two at Peter Ward's, and two or three betwixt Cope's and Peter Ward's.
Cross-examined by Mr. BOYD.-- Closkilt meeting-house, the last place where I saw the prisoner, is about three quarters of a mile from Cope's.
John Cope, examined by Mr. HANNA.-- I kept a public-house at Ballyroney, and was at home on the evening of Christmas Day last. I saw a crowd of persons come from the direction of Green's house. Some of them said they had come "to deliver the prisoners," or "the persons who were shut up." A number of persons rushed in, but I cannot say whether they were of the partywhom I had seen come up. None of my doors were broken, nor anything of consequence in my house. Several of the crowd had firearms. A great noise and confusion took place inside. I did not see the prisoner in the crowd.
Cross-examined by Mr. BOYD.-- There were a great number of spectators not engaged in the riot at all.
Patrick Duffy, examined by Sir THOMAS STAPLES.-- I know Cope's public-house, and was there on Christmas evening last, when the crowd came up. I saw one of the prisoners there come up to the door, but he had no weapon in his hand. There were certainly more than fifty persons in the crowd. I saw two guns among them, and there were many weapons of other descriptions. Some of the party went into Cope's, but I cannot say whether the prisoner was one of them. I heard afterwards a noise of sticks inside, as if of men threshing.
Cross-examined by Mr. BOYD.-- Moore was a spectator at Cope's, like myself. I know the difference between the sound of threshing wheat and that of threshing a man. I will swear the persons in Cope's were not threshing wheat.
John Owens, examined by Mr. HANNA.-- I was in Cope's public-house on Christmas evening, about six o'clock, and saw a crowd of men come into the house. I observed the prisoner, Matthew Moore, standing among them, in the inside. I did not see or hear him do anything. He had nothing in his hands. I was assisting in the shop. There took place some fighting. I afterwards saw prisoner standing in the kitchen, with his back against a settle-bed. He had neither gun nor any other weapon. I did not see guns with any of the party who came into the shop.
Mr. BOYD addressed the jury on the part of the traverser.
The jury then retired for a considerable time, and, after their return into Court, returned a verdict of not guilty as respected all the prisoners.
Catherine Hamilton, a somewhat respectable-looking female, about thirty years of age, for concealing the birth of her illegitimate female child, at Greyabbey, on the 7th of April last.
The prisoner was given into the charge of the first jury empanelled. She did not challenge any of the jury.
William Torney, a boy about fourteen years of age, sworn, and examined by Sir THOMAS STAPLES.-- I live at Ballybreen, near Greyabbey. On the afternoon of the 8th April last, I saw a child lying in a drain. It was naked and dead. I went home immediately, and told my mother and sister of the circumstance. They came and saw the dead body. I have known the prisoner for a length of time. She is unmarried. The child I saw was a female.
Letitia Torney, examined by Mr. HANNA.-- I am the mother of last witness. I know the prisoner Catherine Hamilton, who lived near me. On the 8th of April last, I was informed by my son that there was a dead female child lying in a drain. I went and saw it. It was only a few hours old, and naked. It was lying in water. I did not go to the drain. I met the mother of the prisoner with the child in her arms, and I saw her take it into her house. She then brought it out, wrapped in an apron, and laid it upon a stile. A girl then laid the body upon the field. I saw the prisoner on the previous day, but took no heed of her appearance. There was a report that she was pregnant. There was an inquest held on the body of the child, which lay in my house from Thursday till Monday. The inquest was held in a neighbour's house, but the jury assembled in mine.
Sarah Torney, daughter of last witness -- cross-examined by Sir T. STAPLES.-- I knew the prisoner Catherine Hamilton. I remember the 8th of April last. On that day, I saw the body of the child in the drain. The drain was pretty deep and broad. It was in a mill-dam; there was water in it, and the body was floating. I saw the prisoner immediately on going home.She was sewing at the time. I could not say that I had observed anything particular in her appearance before that day. I think she seemed large when I saw her sewing. She appeared very ill, and had a handkerchief tied around her head.
[-- text unreadable here --]
... a terrible thing about the child being found in the dam-drain, and she shook her head and said it was. Shaw afterwards said she was afraid of there being aught against the other child she had, when he grew up. The "other child" was a lump of a little boy. She was in bed when she said this.
Joseph Orr, Esq., surgeon, examined by Mr. HANNA.-- I was examined in April last, on an inquest on the body of a female child. The age of the child did not exceed twenty-four hours. It appeared to be a healthy full-grown child. I made a post mortem examination of the body before the inquest. I tried the usual test to ascertain whether the child had been born alive -- taking out one of the lobes of the lungs and trying whether it floated. That, however, is not an infallible test. I thought the child might have been born alive, and that, from the umbilical cord being neglected, it might have bled to death. I examined the prisoner, and found that she had been delivered of a child within twenty-four hours before. She confessed, indeed, that she had been delivered, and said she was alone at the time. I was sent to her by Col. Ward, and she would have told me more, but I stopped her.
Wm. Gamble, sub-constable, deposed to the prisoner's having confessed to [-- unreadable --] of the child while on her way to her sister's in Portaferry -- that she wrapped it up and brought it to her father's house -- that she got a spade, dug a hole behind the house, and put the body into it, and that she thought the woman Torney took it out of the hole, and put it in the drain where it was found. She said it never gave a smudge (never breathed).
The prisoner, being asked by the Judge whether she had anything to say, merely repeated that the child was dead born.
After the jury had been charged, Dr. Orr again came forward, and stated that the prisoner had taken every care of a former child, of which she became the mother, about five years ago.
The jury returned a verdict of guilty.
The prisoner was sentenced to eight calendar months' imprisonment, at hard labour.
The prisoners in the case of the Newry election riots were sentenced as follows, the Judge remarking strongly upon the cruel, cowardly, and treacherous nature of the assaults committedby them:-- M'Kenna, eight months' imprisonment, at hard labour; Casey and Bradley, six months', and Garvey to four months' imprisonment, at hard labour.
Samuel Napier and Wm. M'Conkey, for stealing, at Killinchy, on the 10th June, two hundred pounds weight of lead, the property of Robert Potter, Esq., from a store or house of worship.
Patrick Dobbin, an approver, examined.-- I was coming Comber to Killileagh on the night of the 10th of June, and saw Napier and M'Conkey handling down the lead from the roof of Mr. Potter's house to a person named John M'Cluskey. M'Cluskey caught hold of me, and would not let me go until the lead was sold. It was sold in Comber to Mrs. Harrigan, and I got a share of the money.
To the JUDGE -- I had known the prisoners before the night mentioned, from seeing them occasionally in Comber. I was not aware that the lead was to be stripped of the roof of the house.
Mrs. Harrigan proved buying the lead at 1d. per pound, from Macoubray and Dobbin. It amounted in all to £1 6s. 41/2d. The money was paid to Dobbin.
Dobbin here interrupted the witness, and said that he handed the money to Macoubray as soon as he received it.
Sub-Constable Goold proved arresting Napier.
Robert Potter, Esq., proved that a large quantity of lead was stripped, in June last, from the roof of his store, the use of which he occasionally grants for public worship. Never obtained possession of any part of it again.
Macoubray guilty; to be imprisoned for nine calender months, at hard labour. Napier acquitted.
Jane Devlin (a good-looking girl), for stealing at Newtownards, on the 25th June last, a pair of trowsers and a shawl, the property of Thomas Robinson.
Thos. Robinson examined.-- Lost the articles mentioned in the indictment from a bed-room in his house, on the morning of 25th June; saw the trowsers the same day in the possession of the police. The prisoner and three men came into his house that morning, and had some spirits to drink at the bar. They remained about ten minutes. Never saw the prisoner before. Thinks she is a stranger to Newtownards. The room from which the trowsers and shawl were stolen was close to the bar. Missed the articles immediately after the prisoner and the three men left.
Jane Drysdale, servant to last witness examined.-- Found the prisoner and a man in a house in Frederick Street, Newtownards, the day on which the trowsers were stolen. Saw the trowsers under her arm and shawl round her neck, and took them from her.
Constable Flinn proved arresting the prisoner. She is a stranger in Newtownards. Produces the articles stolen, which were brought to the Magistrates' Court in Newtownards.
The prisoner was found guilty, and sentenced to be imprisoned for six months -- a favour which she acknowledged on leaving the dock, by thanking his Lordship and the jury.
Robert Watson and David Watson, for stealing, at Granshaw, on the 20th June last. twenty-seven yards of linen, the property of James Hamilton.
Jane BAxter, examined.-- I am housekeeper for James Hamilton, a farmer, residing at Granshaw, in the parish of Bangor. I spread out twenty-seven yards of linen on a field on the 27th June; when I went again to look for it, it was gone; but I found a part of it next day in the pawn-office of Mr. Ferguson, of Donaghadee. I knew it to be same cloth I had lost.
John Ferguson, examined.-- I am a pawnbroker. On the 27th June last, I received notice that linen had been stolen; and, on the 28th, a quantity was offered me in pawn by Robert Watson, one of the prisoners. I asked him if he had any more of it, and he replied that his comrade lad had another pice, for which he went. I sent for the sergeant of police; and, when Watson returned with the second piece of linen, I gave him, David Watson, and the two pieces, into custody.
Prisoner Robert Watson -- Did I deny my name when I went to pawn the linen?
Witness -- No, you did not.
Constable Doyle proved arresting the prisoners. David Watson said that he had got the linen from his mother, and that she had more of it than what was offered for pawn. Went to seek the mother, and found that she had been dead for two years.
The prisoner, David Watson, stated in his defence, that he had got the linen from his brother (the other prisoner), and that he had no knowledge of its being stolen.
Robert Watson, guilty, to be imprisoned for twelve months, and kept to hard labour. David Watson, acquitted.
Thomas Hill, Samuel Langtry, jun., and John Cowdie, were indicted for that they, on the 17th April last, at Lurgan, in the county of Armagh, did kill and slay William Waring, by giving him a wound of which he died, at Corereny, in the county of Down.
Robert Carson, examined by Sir THOMAS STAPLES.-- I was in Rebecca Corner's public-house, in Lurgan, on the 17th April last, with six or seven other young men, among whom was the deceased William Waring. The father and brother of deceased were of the party. It was after dark when I was in the house. While I was there -- about nine o'clock -- Harry M'Neill came in and sat down at the kitchen fire. He began to bully the others, to make them rise off their seats, but they would not rise. He threatened them. I did not see a tobacco pipe with M'Neill at that time. We left the house about half-past ten o'clock, and went down the town, on our way home by Blough. We had only gone three of four perches when three men followed us, and asked William Waring if he had M'Neill's pipe. He replied that he had it not. A man named James Lavery caught one of our party named Brice Irwin by the breast, and wanted him to fight. He would not fight, and told Lavery he would take the law of him if he did not loose his hold. We then went on, and there was a crowd behind us bantering us to fight. When we came to Ballyblough, William Waring turned back for the purpose of making some reply, when he was violently struck and knocked senseless. I don't know the man who struck him. I saw Sam. Langtry strike at him at the same time, but I don't think he actually did strike him. When Waring was lying senseless and motionless on the ground, Sam. Langtry said, tauntingly, that "he had taken the mother -- that he must get a bed for him." He then challenged any four of us to fight. I told them that they had done very well, and should finish Waring, and put him out of punishment (pain). Langtry replied that, if I said more, he would give me as much. I saw John Cowdie, another of the prisoners, on the street, after Waring had been knocked down, and thought he was the person who struck him. Waring was taken into the house of a man named Turk, in Lurgan, from whence he was conveyed home to his father's, at Corereny, in a cart, the next day. He was hurt on Thursday night, and died on Sunday.
To the prisoner Langtry -- I picked you (Langtry) out at the coroner's inquest. I said I would know your clothes, and say so still. I asked you to put up on your cap, as I thought I would know you better. I was sure enough of your face. I could not have sworn plump against you if you had put on the cap. The deceased was not taken out of Turk's house before daylight on the morning after the occurance.
[The jury on the Ballyroney riot case here returned into Court, after an absence of two hours, with a verdict of "not guilty."]
Cross-examination resumed.-- I had drunk two half glasses, and three tumblers of beer, on the day I have been speaking of. My party did not fall out among themselves in Mrs. Corner's public-house.
To the prisoner Cowdie -- I have had no conversation with the other witnesses about you, and swear, by the virtue of my oath, that I did not threaten to transport you, if there was not another man in Lurgan.
Cowdie -- You swear that!
Witness - I do.
Cowdie - You may go down.
Brice Irwin, examined by Mr. HANNA.-- I knew the deceased Waring. I was in Lurgan with him on the evening of the 14th April. We were returning home with others, when a party of men followed us. One of them, named James Lavery, caught me by the breast and wanted me to fight, but I said I did not wish to fight with him. Waring was behind me two or three yards; and, hearing the sound of a blow, I turned and saw Waring fall. He never spoke again that I am aware of. He was taken into Turk's house, and removed from that the next day. I saw Thomas Hill, one of the prisoners, at the place when deceased was on the ground.
Jonathan Taylor deposed that deceased was very riotous -- that he wanted witness to get Lavery "to the end of town, when he would give him a ticket that woulddo his job" -- and that he said he would beat any eleven-stone man in the street.
Samuel Langtry was also riotous. Heard Carson, one of the witnesses, say he would transport Langtry, if there was not another man in Lurgan.
James Carson, examined by Sir T. STAPLES.-- I was along with Wm. Waring on the night on which he was struck. I saw him struck and falling, but I cannot tell who it was that gave the blow. There were a good many round him. I was not a perch from him when he was struck. Samuel Langtry, one of the prisoners, was in the front of the crowd, and the crowd were between us. They said something, but I don't know what it was. Langtry had his coat off, and said he could beat four men. At this time he could see William Waring on the ground. John Cowdie was one of the party who followed us, and he was near William Waring when he was struck.
To the Prisoners -- I was asked, at the Coroner's inquest, to point out Samuel Langtry, and did so. I was not asked to point out any others, nor whether I knew those who were present when Waring was struck. I don't remember swearing at the inquest that Langtry was the only one to assist me in lifting Waring. I did not see him strike deceased. He could not have struck the man without my seeing him.
Robert Strickland Harmay, Esq., physician, examined by Sir THOMAS STAPLES.-- I was called on to examine the deceased on the Saturday before his death. He had been hurt on Thursday. I found him lying in a comatose state, and told his friends he would not recover. I took some blood from him, and gave him medicine, which had immediate effect. I called to see him on Sunday, and found him dying. He did die that day. After death, I examined the body. I found a very small mark on the back of the scalp, I found a large quantity of blood effused between the scalp and the skull. On opening the head, I found the anterior lobe of the brain gorged with blood effused on its substance. This was produced by concussion of the brain, caused by a blow or fall. The injury upon the head was the cause of death.
This closed the case for the crown.
The following witnesses were then produced for the defence:--
John Uprichard -- I was in Arthur Street at the time Waring was knocked down. Cowdie was not among the party who surrounded the deceased. He was standing in my company, upwards of seven yards distant from him. I heard Langtry's voice, but did not see him there.
Matthew Langtry -- I am a brother of the prisoner Samuel Langtry. He was taking, on the night of the occurrence, to Waring and his party, and advising him to go home, but he refused, and said that he (Samuel Langtry) was the person who wanted fighting. My brother said he wanted to fight with no one. I saw the blow struck by Ridgeby which felled Waring. My brother was not beside him at this time, but on theother side of the street. I was about two yards from the deceased when he was struck. One of the parties was going on, and the other following.
To Mr. HANNA.-- Ridgeby was not of my brother's party. I saw Thos. Hill among the party who surrounded Waring.
To the JUDGE.-- Ridgeby was standing with his hands in his pockets, and he coolly took one of them out, and struck Waring about the chin or cheek, and knocked him down. He fell on the back of his head. He had not been saying anything to Ridgeby, but had been talking about being able to beat "any twelve-stone stag."
The prisoners separately addressed the jury in their own behalf.
His Lordship having delivered his charge, and recapitulated the evidence.
The jury, in a few minutes, returned a verdict of not guilty.
Richard Stewart, and Joseph Jennett, for stealing at Moyallen, on the 23d of May last, a quantity of pipe lead, from the premises of George Phelps. Also, on a second count, for inflicting a wound on the head of Daniel Loughan, with intent to do him some grievous bodily harm, and to prevent his (prisoner's) lawful apprehension.
The prisoners submitted on both indictments, and were sentenced -- Richard and Stewart to be transported for seven years, and Jennett to be imprisoned for eighteen calender months, at hard labour.
Robert Smith, Robert Ross, James Linton, and Thomas Walsh, were indicted for an Orange procession at Clarke Hill, near Castlewellan, on the 1st July last.
One of the Castlewellan constabulary proved that the prisoners formed part of a procession of from ten to fifteen, who had a drum, loaded fire-arms, gunpowder, and leaden bullets, but no banners or symbols. Has heard that the anniversary of the battle of the Boyne is celebrated on the 1st of July. It was about twelve o'clock at night when he saw the prisoners, and moonlight -- not so dark but that he could extinguish persons upon the road. (Laughter.)
This witness's testimony was corroborated by sub-constables Stephens and Barnes.
The jury returned a verdict of "not guilty" as regarded the indictment for the procession; but did not agree as to the other charge against the prisoners, and were locked up; but, after having been enclosed for a time, gave a verdict of not guilty on the count for the unlawful procession.
The Court then adjourned.
Tuesday, July 12.
The Court was opened this morning at nine o'clock. The following gentlemen were sworn on the PETIT JURY:-- Messrs. James Greer, George Murphy, Robert Bell, Moses Greer, James Moore, Wm. M'Cann, John Jennings, James Allan, James Baird, James Cleland, John Craig, jun., and Samuel Dorran.
The jury locked up last night on the case of the Orange procession, were called into Court; and, the foreman informing the Judge that they were not likely to agree a verdict, they were discharged.
The prisoners were admitted to bail upon their own recognisances.
PERJURY.
Robert English was indicted for wilful and corrupt perjury, at Rathfriland, on the 13th June last, before G. W. Law, Esq., a Commissioner for taking affidavits.
The offence in this case consisted in the prisoner's having sworn before Mr. Law that he had served writs upon Messrs. James and John Martin, whereas he had not served said decree, although he had been instructed to do so by one David English.
Mr. WHITSIDE appeared for the prosecutor, and Mr. ROSS S. MOORE for the dependent.
The prisoner was found guilty, and sentenced to eighteen months' imprisonment.
CONCEALING THE BIRTH OF A CHILD.
Alice Barker, for concealing the birth of her illegitimate female child, at Anahilt, near Hillsborough, on the 22d March last.
John Gilmore, Robert Davison, Alexander Trimble, and John Denny, for an Orange procession in the parish of Drumgaff, near Rathfriland, on the 1st of July last.
Sub-Inspector Hill deposed to having seen the procession, which consisted of between 50and 100 persons. Heard them play the tune of "Croppies lie down." and saw a drum on a man's back, and drum-sticks on another's back.Trimble was the person who had the drum. Is not sure of any of the other prisoners, but is of the opinion that Gilmore was one of the party.
To a JUROR -- Is not sure that the party he saw formed a procession.
Sub-Constable Murphy proved having heard the music, and the sound of shots.He saw the procession, and identified the prisoner Denny as having been within three or four perches of it.
Sub-Constable Irwin deposed to having heard a party play the tune of "Croppies lie down," on the occasion in question.Heard shots, but does not think they proceeded from that party. The prisoner Trimble had a drum on his back. Does not know whether it was braced or not. Gilmore was about thirty steps in front of the others, and the rest were "all in a lump."
All guilty, with the exception of Denny. The others to be imprisoned for three calendar months each.
His Lordship, in passing sentence, remarked strongly upon the offence for which the three prisoners had been convicted; and stated that, if the practice of walking in procession, were not put down by the loyal spirit of the people of the county, it must be put down by the strong arm of the law. If again brought under his notice, the crime should be visited, not with three months' imprisonment.
CONCEALING THE BIRTH OF A CHILD.
Wm Irwin, examined by Sir. T. STAPLES.-- On the 22d March last, I found the naked body of a child in the rear of my stable, beside my pigs, which I had gone out to look after. It was a new-born infant, and I heard it was female. The arms, legs and thighs were wanting. I caused the body to be removed into a house. I have often seen the prisoner, but never heard of her marriage. She was a lodger in a cottier house of mine -- under the roof with me.
To a JUROR -- We supposed that the arms of the child had been gnawed off by the pigs.
James Carlisle, examined by Mr. HANNA.-- I saw the prisoner in bed in my sister's house on the night on which the child was born. One of her legs was swollen, and she said it was the "rose" that caused it to be so. I saw no other appearance of pregnancy about her. She is unmarried. The night before the child was found, she was in her bed, and appeared to be very unwell.
John Bingham, examined by Sir T. STAPLES.-- Deposed to having seen the body of the child in March last. Its mother was then in bed. Her master refused to take charge of the child, when she was about to be taken to Hillsborough, to be given into the charge of the police. This was the day after the child was found. I saw blood upon the prisoner's bed. We left the child in the black hole, in charge of the police.
George Tyrrell, Esq., M.D., examined by Mr. HANNA.-- I examined Alice Parker on the 23d of March. She had recently had a child -- within three days before. I saw the body of a child - a female. It had the usual marks of being born alive.
The prisoner here interuppted the last witness, and told him he was mistaken, as she had not borne a child for the last seven years.
A verdict of guilty was returned, and the prisoner was sentenced to be imprisoned for twelve months at hard labour.
Luanda Murphy, for stealing, at Crossgar, a pair of drawers, the property of William Wright. Submitted; two months' imprisonment, at hard labour.
John Hanna, for receiving, at Crossgar, on the 10thof June last, a waistcoat and a pair of drawers, the property of Wm. Wright, knowing the same to have been stolen.Not Guilty.
This case finished the business of the present Assizes.
-- -- -- -- -- -- -- --
RECORD COURT
Monday, July 11.
The Hon. Justice PERRIN took his seat in the Nisi Prius Court shortly after nine o'clock.
The following records were then disposed of:--
Patrick Dowdall, proprietor of the "Newry Examiner," v. James D'Aray.
Mr. PERRIN opened the pleadings. This was an action for trespass. Damages were laid at £1,000. Defendant pleaded the general issue.
Mr. NELSON, Q.C., stated the case for the plaintiff, and called several witnesses to establish the facts.
Mr. WHITESIDE stated the defendant's case, and was followed by
Mr. HOLMES, who spoke to evidence on the part of the plaintiff.
The jury found for the plaintiff, with £65 damages and 6d costs.
Counsel for the plaintiff -- Messrs. Holmes, Nelson, and Perrin. Agent -- Messrs. Fraser and Mitchell, Newry.
Counsel for defendant -- Messrs. Whiteside and Napier. Agent -- Mr. Ogle, Newry.
LIBEL.
Rev. Bernard M'Auley, P.P., Downpatrick, v. Conway Pilson, proprietor of the "Downpatrick Recorder."
In this case -- an action for libel -- an arrangement was come to between the parties. The defendant consented to make an apology to the prosecutor, and a verdict was taken for one shilling damages and the costs of suit.
This Court adjourned shortly after three o'clock.
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Banner of Ulster - Friday, 15 July 1842
Local Intelligence.
THE TWELFTH OF JULY. -- This anniversary passed over quietly in Belfast. The only attempts at disturbance were those of a few boys in districts of the town which were closely watched by the police, and where, of course, riotous demonstrations were speedily checked.
COAST-ROAD. -- COUNTY OF ANTRIM. -- This much wanted line of road is likely to be rapidly pushed forward. The portion at Garron Point will be immediately commenced. The expense of the entire will be very great.
FRENCH DETIES ON LINENS. -- The parties connected with the linen trade in Belfast and its vicinity have received an intimation, in reply to their memorial respecting the increased duties on linens imported into France, that the British Government has remonstrated with that of France upon the subject.
Our Armagh correspondent writes us that the 12th July passed off there without the slightest excitement, without any procession, or an unpleasant word, although it was the market day, and a considerable number of people in town. It is most gratifying fact that the party feeling which unfortunately distinguished this district of country, at no distant day, is beginning to fade, or to resolve itself into more commendable media of development, than party processions "tricked out," with emblems calculated to insult, but very unlikely to convert or convince.
A part of the men attached to the depot of the 5th regiment, stationed at Armagh, marched yesterday morning for Drogheda.
The late General Assembly of the Presbyterian Church in America affirmed the decision of the Presbytery of Fayetteville, suspending the Rev. Mr. M'Queen from the exercise of the Christian ministry and Church privileges, for marrying the sister of his deceased wife. An attempt has been lately made, by some parties in this country, to obtain for such an incestuous connexion the sanction of the British Legislature; and we therefore call the attention of our readers to this important decision of the American Presbyterian Church. In the Westminster Confession of Faith, marriage with the sister of a deceased wife is expressly condemned. It is very foolish to say that the prohibitions on this subject, in the Mosaic law, have ceased to be obligatory, for the admission of such a principle would countenance most deplorable practices.
CURRAN, July 12, 1842. -- The Rev. James M'Kee thankfully acknowledges to have received from the Honourable the Irish Society the sum of Fifty Pounds, towards the erection of the Presbyterian Church at Curran.
The Bishop of Meath died of fever, on Tuesday last.
LAW CHANGES. -- It is expected that the Solicitor-General will be the new Judge, in the room of Baron Foster; and that Mr. Litton or Sergeant Green will be the Solicitor-General.
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NOTICE TO BUILDERS.
PROPOSALS will be received. from competent Persons, for putting in a NEW SHOP FRONT, and making other alterations, in the House No. 13, HIGH STREET.
The Proprietor will not pledge himself to accept the lowest tender. The Contractor to give security for the due performance of the work.
N.B. -- Plans and Specifications can be seen at Mr. GILBERT's, 23, York Street.
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MOUNT POTTINGER
TO BE LET.
ONE of those beautifully-situated and most commodious HOUSES, at MOUNT POTTINGER, with COACH-HOUSE, STABLING, &c.: and, if required, a GARDEN, well stocked, and GRAZING for one or two Cows.
Apply to FRANCIS RITCHIE, New Bridge, Belfast.
July, 1842.
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TO BE SOLD,
SIXTY Irish Acres of excellent Land at the at the low Rent of £13 4s. 11d. per year, during a Lease of Lives, and immediate possession given. Said Lands are within one mile of Bailieborough, and four of Kingscourt, both good market towns.
There is on the premises a good Dwelling-house, with suitable set of Offices. An excellent Crop of Oats, Barley, Potatoes, and Meadow with a sufficiency of Turbary, on which the Turf is now secured.
For further particulars apply to the Proprietor, WILLIAM WILSON of Curkish, post town Bailieborouch. If by letter, post paid.
July 14, 1842.
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VALUABLE FREEHOLD PROPERTY
FOR SALE.
To be Sold, by Private Contract, at the DROMORE ARMS HOTEL, on Tuesday, 9th August next, at the hour of Two o'clock p.m.,
THAT FARM of LAND, in the townland of DONAGNCLONEY, and county of DOWN, containing 20 Acres Irish measure, held in perpetuity under Earl CLANWILLIAM, at the Yearly Rent of £3 12s. 10d. sterling. It is now let to a solvent tenant-at-will, producing a Profit Rent of £42. and can now be Let at £50 per annum. There is a good Two-Storey DWELLING-HOUSE, with OFFICES attached, and an excellent ORCHARD, well stocked with FRUIT-TREES. The Lands are in a high state of cultivation, situate opposite the Banagh Mills, within one mile of Waringstown, three of Lurgan, and six from Dromore.
The Premises will be shown by Mr. WM. MEEK, the occupying Tenant; and for further particulars, as to Title, &c., apply to the Proprietor, ANDREW SHAW, Francis Street, Newtownards.
£100 deposit will be required at the time of sale, and the remainder when the deeds are perfected.
Dromore, 12th July, 1842.
(To be inserted once a-week.)
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COOKSTOWN.
INN TO BE LET.
THAT long-established INN, in COOKSTOWN, formerly occupied by the late ALEX. RODGERS.
The HOUSE having been lately re-built, and much enlarged, is now well adapted for carrying on the Commercial and Posting Business, in an extensive manner.
A well-enclosed YARD, with OFFICES; an extensive GARDEN in the rere. The tenant can be accommodated with a few acres of Prime LAND, with a quantity of BOG.
Proposals will be received till the 1st of August next, when the Tenant will be declared, and possession given.
If desired, a number of years will be given. Application to be made to the Proprietor,
JOSEPH RODGERS.
Cookstown, 13th July, 1842.
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COUNTY OF ANTRIM ASSIZES.
THE Grand Jury met on Wednesday morning, and were sworn in before A. H. Halliday, Esq., High Sheriff. The following are the names of the gentlemen who compose the Grand Panel:--
GEORGE MACARTNEY, Esq., Foreman. |
Conway R. Dobbs, Esq. | John Waite, Esq. |
N. Alexander, Esq., M.P. | William Trail, Esq. |
Edmund Macnaghten, Esq. | George A. Wray, Esq. |
John Rowan, Esq. | Robert Thomson, Esq. |
John M'Neile, Esq. | E. F. Cuppage, Esq. |
John M'Gildowney, Esq. | Thomas Montgomery, Esq. |
Jas. S. Moore, jun., Esq. | Robert J. Tennent, Esq. |
John Owens, Esq. | John Clarke, Esq. |
Robert Smith,Esq. | Thomas Davison, Esq. |
James Agnew, Esq. | Chas. W. Armstrong, Esq. |
A. H. HALLIDAY, Esq. High Sheriff. |
JOHN S. MOORE, Esq., Sub-Sheriff. |
Thursday, July 14. |
The commission for this county was opened to-day the Hon. Justice Perrin, at ten o'clock.
The Grand Jury having been called into Court and re-sworn, they were addressed by his Lordship. He said he felt happy in being able to inform them that, with respect to numbers the calendar for the present Assizes was very light. There were, however, two cases which required the particular attention of the Jury. He hoped that, in the examination of the witnesses, they would exercise the utmost care and caution, and find no bill of indictment except upon the most satisfactory proof of the guilt of the parties accused. The two cases to which he had alluded, and which required their special attention in this respect, were cases of homicide, and there was also a case in which child of tender years would be one of the witnesses. With regard to the latter, they should fully satisfy thetselves as to the child's intelligence, and of her fully understanding the nature and obligation of an oath; and, if they found that her evidence was supplied from that of other witnesses with whom she had had communication, they should not receive it. He was not aware that the cases upon the calendar called for any further observations from him. On the state of their County Jail he must, however, make a few remarks. He had visited it since his arrival in town, and found it the same state in which he had left it at last Assizes. He heard from the Foreman of the Grand Jury, that they had been refused additional accommodation for the prisoners elsewhere. This was to be regretted; but, as the want of accommodation must be remedied, it now lay upon the jury to devise such means as should be necessary for that purpose, until a new jail should be erected. He was happy to find, in visiting their jail, that every thing in clean and proper order, so far as the duties of the local officers were concerned. In each cell he found there were two beds, and in most of these two or more prisoners were obliged to sleep. This, he must inform them, was quite contrary to law; for the Act for the regulation of prisons made it imperative that each prisoner should have a separate bed. The governor of the jail had suggested a plan for increasing temporarily the accommodation; but he much feared that this could not be carried out, as nothing could be done in it until it had first been presented for at Sessions. He would recommend the jury to appoint immediately a committee to correspond with the Board of Superintendence on the subject, and to communicate to him, before the close of the Assizes, the result of their correspondence.
The jury then retired to their room.
FORGERY.
A Petit Jury having been empanelled,
Hugh M'Kee was indicted for forging two bills of exchange, one for £160, and the other for £190, and for uttering same at the Northern Banking Campany's office, in Lisburn, with intent to defraud said firm.
The trial lasted for a considerable time, and ended in the conviction of the prisoner, who was defended by Messrs. Holmes and Napier.
A few cases of larceny, of no particular interest, were then disposed of, and the Court adjourned at six o'clock.
-- -- -- -- --
The following is a copy of the County Surveyor's report, read by Mr. Lanyon:--
Belfast, July 12, 1842.
GENTLEMEN, -- The schedule of applications about to be brought under your consideration does not contain many of greater importance than the ordinary class of presentments. The most extensive improvement, for which application is made, is for completing a portion of the coast road from Larne to Ballycastle, between the village of Cairnlough and the end of Mr. Boal's contract at Clough-na-Stooken. This line, which is proposed to be carried under the Point of Garron, forms the last link in the chain of improvements between the two first-mentioned towns. In consequence of the difficulty anticipated of carrying this read under the Point, an impression generally existed that it would be necessary to adopt an inland line; but, on examination of the supposed difficulties, I found them less formidable than was anticipated; and, taking into consideration the very heavy amount of damages that would be sought for by the occupiers of the land, if the line were carried through the narrow stripe of arable ground between the present line and coast, as well as the great superiority of gradients on the coast line, I had little hesitation in coming to determination as to which of the lines appeared the more preferable; I was also strengthened in this view by finding that it would be impossible to take advantage of any part of the present road in the proposed improvements.
Another important application is for building a new bridge over the Bush, near Armoy, and making a short line of road in connexion therewith, in order to complete all the improvements now required on the line from Ballycastle to Ballymena. These roads, together with those which are now in progress, or which have been lately executed, will complete the greater portion of the most leading and direct lines of thoroughfare through this county, which require improvement.
The principal lines now remaining to be altered are those from Kilrea to Ballymena, and Portglenone to Randalstown, to which have adverted in former reports, and which, I have no doubt, will soon be brought before you.
The other applications contained in the schedule are of the ordinary class, on which I will give such verbal explanations as may be required. It will not be necessary for me to give a detailed statement respecting the execution of the several new roads, and other extensive works in which the county is at present engaged, as I can state generally that they are being proceeded with in very satisfactory manner. The only exception I have to make is with reference to the new road connecting the village Cloughmills with the new mail-coach line from Ballymena to Ballymoney. I am sorry to say with reference to this work that no excuse can be made by the contractors for not having completed it. It has been delayed for many months after the appointed time, and the execution is also very indifferent and unworkmanlike. It remains for the Grand Jury to consider whether any legal steps should be taken against the contractor and his securities.
Since the last Assizes the road from Lane to Ballymena, Cushendall to Ballymena, and a considerable portion of the road from Ballycastle to Ballymena, have been opened to the public. The two former have been executed in a most satisfactory manner. These improvements are most fully appreciated by the inhabitants of the extensive districts who are accommodated thereby. I can also state that in the course of a very few weeks the new line of road from Larne to Glenarm will be completed and opened to the public.
The commissioners for building the new district Bridewell and House of Correction at Belfast have, since the last assizes, received tenders for the proposed building, and, having selected one, will lay it, together with the contract, before the Grand Jury, for their approval. In consequence of the heavy expense which is entailed by carrying out the separate system to the full extent recommended by the Inspectors-General of Prisons, the tenders have exceeded the amount of the presentment. The commissioners are prepared to lay a report on this subject before the Grand Jury.
Since the last assizes, the commissioners appointed to revise the Grand Jury laws have made their report, to which it would have been out of place for me here to allude, had it not been for some errors which have been made therein, of personal interest to myself, by substituting my name for that of the present surveyor for Kildare, in the report and minutes of evidence attached thereto.
The commissioners, on my representation of this matter, published an errata, in which the mistake has been rectified; and, as the evidence alluded to is generally in opposition to the opinions I hold, I naturally feel desirous of thus removing any impressions of my being the author of the statements made therein, as those who have heard my opinion on this subject would naturally suspect me of inconsistency or duplicity on seeing such evidence ascribed to me. -- I have the honour to be, gentlemen, your obedient servant,
CHARLLES LANYON.
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ROBBERY OF ARMS. -- The house of Sir E. Waller, Bart., was searched for fire arms, while that worthy baronet was acting as a grand juror on the late commission. A double-barrelled fowling piece was taken out of the dwelling of William Middleton, Esq. of Elm Hill, while he was also attending the commission. And fire arms were plundered out of the residence of Thomas Ely, Esq., who was also in attendance at Clonmel. It is to the search for fire-arms that we may mainly attribute the murder of young Mr. Hardy, at Dolla, at noon on Sunday last; and, Heaven only knows, by the sacrifice of how many more lives that immolation may be followed. -- Nenagh Guardian.
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THE MARCHIONESS OF WATERFORD. -- We are happy at being able to state that the Marchioness of Waterford is now perfectly convalescent, and may shortly be expected to join that circle of which she has ever been the brightest ornament. -- Waterford Mail.
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The shareholders in the Provincial Bank of Ireland will be paid on or after the 15th inst., a half-yearly dividend, at the rate of eight per cent. per annum on each share, and a bonus of the same amount, being together £2 for each £100 share, and 16s. for each £10 share.
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Banner of Ulster - Tuesday, 19 July 1842
Births
On the 8th instant, at Killinchy, the Hon. Mrs. HENRY WARD, of a daughter.
On the 20th instant, at Portadown, the Lady of J. O. WOODHOUSE, Esq., of a son.
On the 9th instant, in Ship-quay Street, Derry, the Lady of WILLIAM HASLETT, Esq., of a son.
Marriages
On the 13th instant, by the Rev. Frederick P. Le Maitre, Wesleyan minister, Mr. JAMES JOHNSON, New Solitude, Crumlin, to MARY, third daughter of the late Mr. John Crawford, of this town.
On the 13th instant, by the Rev. Thomas Watters, Mr. JAMES MARTIN, to MARY, daughter of Mr. Samuel Anderson, both of Newtownards.
On the 13th instant, in St. Mary's Church, Newry, by the Rev. Dr. Campbell, Vicar of Newry, Major JAMES WATSON, of the 14th Regiment, to CATHERINE ELVIRA, eldest daughter of Samuel Reid, Esq., Newry.
On the 13th instant, in St. Mary's Church, Newry, by the Rev. Dr. Campbell, Vicar of Newry, JOHN THOMPSON GODFREY, Esq. Solicitor, to MARTHA, youngest daughter of the late Isaac Glenny, Esq., J.P., and Seneschal of Newry.
On the 11th instant, at Kingston, by the Rev. Patrick Murray, Theobald George Kenney, Esq., of Rocksavage, in the county of Monaghan, to THECLA, daughter of the late H. D. Callan, Esq., of Philipstown-house, in the county of Louth.
At Downpatrick, by the Rev. William White, Mr. PETER WEIR, of North Court, Dublin, to ISABELLA, eldest daughter of Mr. George Kinnear, St Andrew's, Scotland.
On the 8th instant, by the Rev. Mr. Denvir, P.P. of Lisban, Mr. JOHN KELLY, merchant, of Greyabbey, to Miss JANE DAVISON, daughter of Mr. Andrew Davison, of Ballyboghillbo, near Greyabbey.
On the 14th instant, in Drumcree Church, by the Rev. Charles Alexander, WILLIAM ORR, of Drumherriff House, Loughgall, Esq., to MARTHA, eldest daughter of Mr. Arthur Mercer, Unchena, Portadown.
Deaths.
On the 13th instant, at his house, in North Street, ROBERT M'GEE, Esq., M.D., in his seventy-sixth year.
On the 1st instant, at Maguire's-bridge, Mr. BENJAMIN MITCHELL, of Belfast, in the fifty-first year of his age.
At Ballyhemlin, on the 3d instant, ROBERT MILLAR, Esq., aged thirty-six years.
On the 4th of June, at Marseilles, Mr. GEORGE JAMIESON, late of Belfast.
On the 4th instant, of scarlatina, aged six years, ANDREW, only child of Mrs. Todd, Saintfield.
On the 7th instant, at Mossbrook, near Moneyrea, in the nineteenth year of his age, FRANCIS BEAUFORT STEWART, second son of the late Hugh Stewart, Esq., Surgeon, R.N.
At Edinburgh, on the 1st instant, J. J. DARLING, Esq., W.S., youngest son of the late Paul Darling, Esq., of Bagangreen, Berwickshire. This gentleman was the author of several works on Scottish law, which had acquired great celebrity. His "Practice of the Court of Session," a work in two volumes, is considered authoritative in matters connected with the business of that Court. He was possessed of very considerable abilities; and, although he seldom appeared in public, yet it was understood that he exercised a great influence amongst the extreme liberal party in Edinburgh, and was for a period of several years the writer or regular contributor of political articles to Tait's Magazine. Although a person of apparently indomitable coolness, the Whig and Liberal party marked him among the impracticables of the day, while they acknowledged the talent he brought to bear on the discussion of political questions.
Clippings
Shipping Intelligence.
PORT OF BELFAST.
ARRIVED. -- July 13. -- Ann, Cook, Drogheda, flour. -- 14. Aurora (steamer), Anderson, Glasgow, goods and passengers. -- 15. Athlone (steamer), Davies, Liverpool, goods and passengers.
SAILED. -- July 13. -- Countess of Lonsdale (steamer), Lamb, Whitehaven, goods and passengers; Tartar (steamer), Stewart, Glasgow, goods and passengers; Leeds, Williams, London, general cargo. -- 14. Ruby, Rodgers, Larne, wheat; falcon (steamer), Gowan, Liverpool, goods and passengers.
DEPARTURES OF STEAMERS.
For Greenock and Glasgow, the Aurora, Anderson, to-morrow, July 20th, at eight o'clock, evening.
For Dublin, the Birmingham, Church, to-morrow, July 20th, at seven o'clock, evening.
For Stranraer, the Maid of Galloway, Haswell, this day at ten o'clock, forenoon.
For Whitehaven, the Earl of Lonsdale, Thompson, tomorrow, July 20th, at half-past six o'clock, morning.
For Carlisle, the Antelope, Macpherson, this evening, at six o'clock.
For Liverpool, calling at Larne, &c., the Coleraine, Johnstone, from Portrush, on Thursday, July 21, at nine o'clock, morning.
For Liverpool, calling at Strangford, the Warrington, from Killileagh, on Monday, July 25, at four o'clock, afternoon.
For Liverpool, the Hercules, Tallan, from Warrenpoint, to-morrow, July 20th, at seven o'clock, evening.
For Halifax and Boston, the Columbia, Judkins, from Liverpool, this day.
ARRIVALS INWARDS.
The Agenora of Belfest, Giffney, at Liverpool, from Mobile, 12th instant.
Arrived on Friday, the brig Morgiana, Capt. Currin, direct from Miramichi, with a cargo of deals, battens, &c. This is the first Belfast ship returned this season. She landed her passengers, all well, at Charlotte-Town, and is now nearly full, on her second voyage.
Arrived at Londonderry, on the 15th instant, the ship Londonderry, S. Hatrick, master, from St. John, N.B., with a cargo of timber, deals, &c., to John Cooke.
Arrived at Liverpool, on the 14th instant, the Magnet, Morton, from Montreal.
The Speck, Hamilton, cleared at St. Petersburg, for Belfast, on the 5th instant.
ARRIVALS OUTWARDS.
The ship Larne of Belfast, Captain Davis, from Sydney, N.S.W., at Lima.
The ship Indus, Captain Smith, from Londonderry to Philadelphia, with passengers, arrived safe on the 19th June; all well.
Arrived at Quebec, on the 23d ult., the Marquis of Normanby, from Sligo.
Arrived at New York, 1st inst., the ship Glenview, Salters, 24 days from Liverpool, with 244 steerage passengers.
SAILINGS OUTWARDS.
The ship Ann Hall, Captain Orrell, hence for Quebec, which put back on the 9th instant, in consequence of the mutiny of the crew, having had a new crew put on board, proceeded on her voyage on Thursday.
The Wardlow of Belfast, Lightbody, sailed from London for Newcastle, 15th instant.
The Mediator, Champlin, sailed from London for New York, 15th instant.
The Medway steamer, Wright, sailed from Deal for Southampton and the West Indies, on the 15th instant.
The Thomas, Davis, from Belfast for Bangor, North Wales, on the 11th instant.
The Southerner sailed from Liverpool for New York, on the 13th instant.
SAILINGS INWARDS.
Sailed from Quebec, on the 23d ult., the Letitia Heyn, for Belfast.
Cleared at New York for Liverpool, on the 30th ult., the Lady Gordon, Scurze.
The Lord Seaton of and from Belfast, cleared at New Orleans for Liverpool 19th ult.
SPOKEN.
The barque Charles, from Belfast for New York, was spoken 31st May.
The Lord Stanley, from Belfast for New York, with passengers, was spoken 25th May.
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PROPOSED CEMETERY IN BELFAST. -- We are glad to learn that an opportunity is being afforded to the inhabitants of Belfast of imitating the good taste and commendable feeling which have led to the erection of those beautiful cemeteries, which now ornament many of the other large towns of the United Kingdom -- London, Dublin, Edinburgh, Liverpool, Sheffield, Norwich, Dundee, Aberdeen, &c, for example. The site offered for the proposed cemetery here is one of the most delightful situations in the neighbourhood of the town, and is otherwise eminently adapted for the purpose. We shall take a future occasion of referring to the subject of Mr. Lindsay's advertisement.
-- -- -- -- -- -- --
On Friday the 1st inst., the inhabitants of Doagh and its neighbourhood held a public soiree in the village, for the purpose of entertaining the Rev. Wm. Ferguson, Parkgate, who has been lately licensed by the Presbytery of Carrickfergus. Although the evening was most inclement, yet nearly 300 persons assembled to testify their esteem for Mr. Ferguson, and express their gratitude for his services among them. In the room of John Owens, Esq., J.P., who had been unable to attend, the Rev. William Wallace, Donegore, was called on to preside. Addresses were delivered by Mr. Wallace, Rev. Mr. Allison, Rev. Mr. Russell, Rev. Mr. Morrow, and other ministers, on various interesting subjects -- all alluding to Mr. Ferguson's exertions among the Doagh people, in terms of the highest praise. The teachers of the Sabbath School, which Mr. Ferguson, in the midst of much opposition from members of the Unitarian body, has established, read a very affectionate address to him, and accompanied it with a copy of "Dr. Dick's Lectures on Theology," as a mark of their affection and gratitude.
-- -- -- -- -- -- --
LARNE. -- Mr. Daniel Sheriff of Cairncastle has been appointed Principal Coast Officer, Landing and Coast Waiter, at Larne, in the room of the late H. W. Baylee, Esq.
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BALLYMACARRETT WEAVERS. -- It will be recollected that about forty families, consisting of nearly 200 individuals, selected from the distressed weavers in Ballymacarrett, were sent out to Quebec in the beginning of last month, by a few gentlemen who raised a subscription for that purpose. It will be satisfactory to their friends to learn that a letter has been received by Mr. Valentine, from A. Buchanan, Esq., chief emigrant agent at Quebec, by which he is informed that, on the arrival of the ship Independence, he would attend to the wants of such of the poor people as he should find in distress, and that employment had been provided for all of them.
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Ireland.
EARTHQUAKE IN CUBA. -- By the Caledonia, of Cork, arrived from Kingston, Jamaica, we learn that on the 7th June the town of St. Jago de Cuba was visited by a dreadful shock of earthquake, which destroyed many, and rent the remaining houses in the town. -- Cork Examiner of Friday.
CORONER'S INQUEST. -- An inquest was held on Thursday last, the 14th instant, by Mr. Ellis, coroner, and a respectable jury, on the body of John Caldwell, a boiler maker, in the employment of Mr. Coppin, who was accidentally killed while engaged at his work. From the evidence of Patrick M'Gonegal, it appeared that the deceased, with some others, was on that day shifting the flue of a large boiler, and, while in the act of removing one of the stays, the iron bolt by which the flue was supported accidentally gave way, and, the flue turning over on one side, deceased was crushed between it and another flue. Witness and several others ran to his assistance, but before he could be extricated life had become extinct. -- Derry Sentinel.
LAUNCH AT DERRY. -- We understand that the very large steam-ship in progress of building in the yard of Captain Coppin will be launched on Saturday morning next, the 23d instant, at eight o'clock. -- Derry Sentinel.
INCOME TAX IN IRELAND. -- It has been intimated to the Post-master General of Ireland that all clerks of the Post Office establishment, receiving £150 and upwards, are to be charged with the Income Tax; and it is also understood that half-pay officers, and widows of officers, though residing in Ireland, are to be subject to the impost. -- Ibid.
EXECUTION OF BYRNES AND QUILTY. -- CLONEL, Saturday, July 16. -- Those wretched culprits underwent the extreme sentence of the law this day, in front of the county prison. Byrnes was much affected in his bodily strength and appearance, but was by no means dejected or terrified at the thought of death; but Quilty was wholly unchanged, and met his fate with the greatest fortitude, and, in a firm and audible voice, said, "I am now going to meet my God, and could not hope for salvation if I were to die with a lie in my mouth; and, in the face of Heaven, and before you all, I declare that I am wholly innocent of the crime of which I have been convicted. I had neither hand, act, nor part in it, directly or indirectly. I hope you will all pray for us. I forgive my prosecutors and all others who have injured me, and I hope I will be forgiven myself."
AFFLICTING ACCIDENT. -- An accident of a most distressing nature occurred near this city on Tuesday. The Rev. B. Stevenson of Callan, with his lady, Mrs. Townsend and her suster, Miss Gleig, two English ladies, who had been on a visit at the reverend gentleman's house, were driving in an open carriage to Kilkenny. About a mile from this, on the Callan road, the carriage was overturned with great violence, and all who were in the vehicle were dashed out and severely hurt. The injury done to Mrs. Stevenson was so great that she died at half-past two on Thursday. -- Kilkenny Journal.
The late Hon. Justice Foster was son of the Right Rev. W. Poster, Lord Bishop of Clogher, and was married to a sister of Lord Fitzgerald and Vesey, by whom he has left several children.
IRISH BANKRUPT. -- Richard Dillon of Boyle, in the county of Roscommon, formerly dealer in clothes, latterly grocer, tobacconist, and baker, dealer and chapman; to surrender on the 25th of July, and on the 23d of August.
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The Army.
The following moves of depots take place, viz.:-- 62d depot from Longford to Athlone; 5th do. from Athlone to Kilkenny ; 81st do. from Kilkenny to Athlone; 47th do. from Birr to Castlebar; 67th do. from Templemore to Youghal; 1st battalion 1st do. Waterford to Templemore; 88th do. Castlebar to Longford; 83d do: from Athlone to Armagh; 70th do. from Youghal to Waterford.
The Navy.
Malta, July 5. -- SHIPS IN PORT. -- The Queen, the Howe, 120; Ceylon receiving-ship, of Malta Dockyard; Impregnable, 104 ; Rodney, 92; Calcutta, 84; Indus, 78; Medea, Devastation, and Vesuvius, war-steamers, and Polyphemus steam-packet.
DISTIBUTION OF THE REST OF THE FLEET. -- The Thunderer, 84; Belvidera, 38; and Lizard steam-tender, at Gibraltar. The Formidable, 84, and Jaseur, 16, on their way to Malta, from Gibraltar. L'Aigle, 24, on her way from Smyrna to Malta; and the Magicienne, 24, on her way to Smyrna, from Malta. The Stromboli war-steamer, at Constantinople; the Cyclops war-steamer, at Alexandria; the Monarch, 84, at the Piraeus of Athens; and the Vanguard, 80, on her way thither from Malta to relieve her; the Cambridge, 78, on her way to the Coast of Syria; the Inconstant, 30, and Hecate war-steamer, at Beyrout; the Vernon, 50; Snake, 16; and Locust steam-tender, at Tripoli, in Barbary. The Savage, 10, at Athens; the Phoenix war-steamer, on special service; the Prometheus steam-packet, on her way to the Ionian Islands and Patras; the Alecto, at Marseilles, awaiting the London overland, mail of the 4th instant; the Beacon and Magpie, surveying vessels, at Poros; the Scout, at Corfu.
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COUNTY OF ANTRIM ASSIZES.
[FROM THE REPORTERS FOR "THE BANNER OF ULSTER."]
CROWN COURT.
BEFORE THE HON. JUSTICE PERRIN.
Thursday, July 14.
The county presentments having received the judicial signature, the long panel was called over, and the following gentlemen were sworn on the
PETIT JURY:-- Mr. John Agnew, Foreman; Messrs. William Bathurst, William Anderson, William John Bradshaw, James Bradshaw, Robert Caruth, Archibald Christie, John Beck, John Booth, Wm. Bryson, Edward Loughran, and Thomas F. How.
The first case gone into was the following, which had been postponed from Lent Assizes:--
FORGERIES ON THE NORTHERN BANK.
Hugh M'Kee was placed in the dock, and arraigned upon several indictments -- the first charging him for that he, on the 9th November last, at Lisburn, did forge and endorse, upon a bill of exchange for £160, the signature of William Edmund Reilly, Esq., and that he, at same place, on the 8th January of the present year, did also forge and endorse the signature of the said William E. Reilly upon a second bill of exchange for £198. The other indictments charged the prisoner, separately, with uttering the aforesaid bills, with intent to defraud the Northern Banking Company at Belfast, H. T. Higginson, Esq., manager of the Company's branch at Lisburn, and William E. Reilly, Esq.
The prisoner pleaded "not guilty."
Sir THOMAS STAPLES, Q.C., and Mr. HANNA, Q.C., prosecuted for the Crown. The prisoner was defended by Mr. HOLMES.
Mr. HANNA, in stating the case for the prosecution said that the prisoner was a tenant upon the Downshire estate. He held a pretty extensive farm, and also executed contracts for county roads. In the latter capacity considerable sums of money passed through his hands, and he frequently, required accommodation from the Northern Banking Company's branch at Lisburn, in the way of having bills discounted. He had, previously to the occasion mentioned in the indictments, procured cash from that establishment upon several bills -- which, it was due to him to say, he had punctually provided for. On one occasion, however -- the 9th November, 1841 -- he presented a bill for discount, the endorser of which was not approved of by the managers. On his being refused the cash, he inquired whether the name of Wm. Edmund Reilly, Esq., would be a sufficient guarantee. The reply was in the affirmative; and he went away, and soon returned with the bill endorsed by what bore a close resemblance to that gentleman's signature, but which Mr. Reilly himself, who would be produced in evidence, would prove he had never written, and never authorised to be used. On the faith of the bill thus endorsed -- or, rather, of bills thus endorsed, for there were two bills forged at distinct times -- the managers at once discounted them.
The first witness called was
Mr. William Seed Lamont, who deposed that he was accountant in the Lisburn branch of the Northern Banking Company on the 9th of November, 1841, and the 8th of January of the present year; knows William Edmund Reilly, Esq., who has an account with the bank, and for whom he has discounted bills frequently; knows prisoner, who is, he believes, a farmer and road contractor; recollects his presenting a bill for £160 at the bank, on the 9th November last, which witness discounted. [Identifies the bill.] The signature "Wm. Edmund Reilly" is endorsed upon the bill; discounted a second bill on 8th January, for £198 --- [bill identified]; what seemed the signature of Mr. Reilly was also endorsed upon this bill; discounted both because they bore that signature; M'Kee informed witness that he had procured the accommodation of Mr. Reilly's name, on furnishing security to the amount of £500; submitted the bills to Mr. Higginson, manager of the Lisburn branch, and had his authority for discounting them; would not have done so without it.
Cross-examined by Mr. HOLMES. -- It is not deponent's duty to discount bills; did not know prisoner before he commenced to do business with the bank, which, he thinks, was in the year 1839; does not know that he is a road contractor, except from hearsay, and cannot tell where he resides; cannot remember the exact period at which the conversation betwixt, prisoner and himself took place; it may have been a good while since; can remember the purport of what he (prisoner) said, but not the precise words.
Henry Theophilus Higginson, Esq., sworn -- Resides at Lisburn, and is manager of the Northern Banking Company's branch there; discounts bills himself, or inspects them, and orders them for discount by others in the office; knows prisoner; had seen him prior to 1839, when he began to deal with the bank; discounted for him, in 1839, bills endorsed by Dean Stannus, which prisoner lifted punctually; made no objection to any bills bearing the Dean's signature; refused, in November, 1841, to discount for prisoner a bill for £160, in the indorsee of which he had not confidence; told him to procure the name of a person of standing as endorser, or that it could not be cashed; mentioned the name of Dean Stannus; prisoner asked if Wm. Edmund Reilly's name would be satisfactory; replied that that name, or the name of any other Grand Juror of the county, would do; knew that he required accommodation to carry on contracts for the making of county roads. [Identifies two bills.] The bills produced were discounted by witness's order; they both bear what purports to be the signature of William Edmund Reilly, Esq., on the back.
Cross-examined by Mr. NAPIER -- Never discounted prisoner's own bills; Mr. Reilly has an account both with the branch at Lisburn and the bank itself at Belfast; prisoner has a farm on Lord Downshire's estate; witness is well acquainted with Mr. Reilly's handwriting; knew that M'Kee was engaged in large contracts for the Grand Jury; never, until the present occurrence took place, heard any imputation against his character.
William Edmund Reilly, Esq., sworn -- Is agent to the Marquis of Downshire; is acquainted with the prisoner at the bar, who held a farm on Lord Downshire's estate; has examined the two bills produced, and swears that he never endorsed them himself, or gave any one authority to do so; the writing is very like witness's; never authorised prisoner to use his name in any bill transaction; never accepted security from him for the use of his name; serves frequently upon Grand Juries for the County of Down, and never knew any other Wm. Edmund Reilly upon that jury except himself.
To the Court. -- Never endorsed for the prisoner.
Cross-examined by Mr. HOLMES. -- Has endorsed bills for himself, but not frequently; has known prisoner for upwards of twenty years; he held two farms -- one under Lord Downshire, the other from Mr. Hunter; that on the Downshire estate is in the townland of Craigavoy, near Hillsborough; he had received a good deal of money from the Grand Jury, as a road contractor; has never heard anything unfavourable to his character except the present charge; is acquainted with prisoner's signature, and would know it anywhere; he writes a very bad hand.
John M'Neale, jun., sworn -- Is a partner in the Northern Banking Company, with Mr. James Bristow, Mr. Hugh Montgomery, and Mr. John M'Neile. Spells his name "M'Neale."
This closed the case for the prosecution.
Mr. HOLMES, on the part of the prisoner, submitted that, the two documents described as bills of exchange had not been proved to be so. Nothing had been shown which proved the traverser to have forged the name of Mr. Reilly on the backs of the bills -- the whole length the evidence went was to show that such signatures had been forged. On the other hand, it had been distinctly sworn by Mr. Reilly that the prisoner wrote a very bad hand, which made it clear that he could not have been the person to commit such a forgery, which could only have been done by an expert penman. He considered that these facts were sufficient to entitle the prisoner to a verdict of acquittal. With respect to the second indictment -- that for uttering the bills with intent to defraud -- Counsel contended that another person, more crafty than prisoner, had imposed upon him, after forging the bills, by persuading him that he had induced Mr. Reilly to endorse them, and that it would be quite safe for him to present them for discount. There was a want of intention of fraud on the traverser's part. The bills were merely accommodation bills, and would have been lifted when they became due, with the prisoner's former punctuality. There was also a want of motive. M'Kee was proved by the witnesses for the prosecution to have been a man of substance, and of excellent character. Counsel concluded by calling upon the jury to give the prisoner the benefit of any doubt which might arise upon their minds.
James Greer, sworn -- Is employed in Mr. Reilly's office, and is acquainted with that gentleman's signature. [Is handed the two bills.] To the best of his opinion, the signatures endorsed on those bills are not in Mr. Reilly's hand.
Mr. HANNA briefly replied, on the part of the Crown, to Mr. HOLMES's argument touching the first indictment. He submitted that the fact of the prisoner's having presented the bills, and got them discounted, was sufficient proof of their being bills of exchange.
The COURT held the same view of the law.
Robert M'Connell, William Hunter, and Samuel M'Clean, were produced as witnesses to the prisoner's character, which they uniformly described as excellent.
After the Judge had recapitulated the evidence, and explained the law of the case,
The jury, without leaving the box, acquitted the prisoner of the charge of forgery, but found him guilty on the indictment for uttering with intent to defraud.
CASE OF IRWIN FOR BIGAMY.
James Irwin of High Street, Carrickfergus, who stood charged with bigamy, and whose case had been postponed, at the traverser's instance, from Lent Assizes, was next called upon.
The JUDGE intimated his Intention of again postponing this case, until next Assizes, that the decision of the House of Lords, on the appeal respecting Presbyterian mixed marriages, might be known, before it was proceeded with.
After some discussion, the traverser was ordered to be admitted to bail, in securities to the same amount as formerly. [See an application to the Court, on this subject, reported in Saturday's proceedings.]
HOMICIDE.
John Hughes was indicted for killing and slaying Louisa Kennedy, an infant seventeen months old, on 20th June last, near Belfast, by running a cart over her.
Mary Kennedy, examined by Sir T. STAPLES -- Lives at the Antrim turnpike; her child was killed on 20th June last; she wanted three days of being seventeen months old; was at her work, and left two children in charge of her; when she came home the child was dead.
John Croft, examined by Mr. HANNA. -- Saw the child killed on 20th June last, by the cart passing over its head; prisoner was behind his cart at the time; the cart was loaded with brick, and going at a slow pace; prisoner expressed deep regret for the occurrence.
Wm. Campbell, examined. -- Saw the wheel passing over the child's head; prisoner was at one side of the cart, fixing the bricks; could not see the child at the moment; went away because he was so shocked; prisoner lifted the child; the fore-feet of the animal knocked down the child.
Jas. Smith gave prisoner a good character; he had been employed by him, and knew he was in the habit of leading his horse by the head.
John Killen also gave prisoner a good character; never missed him from the head of his horse; he is a sober man; was entirely so at the time of the accident.
The Jury returned a verdict of acquittal.
SHEEP-STEALING.
Wm. Canning, for stealing, on 2d July, at Ballynafaigh, a ewe, the property of James M'Keown.
James Acheson -- Is caretaker to James M'Keown; lost a sheep; two days after, found the head in his own house; took prisoner into custody; knew the head by private marks, also by its countenance. Acquitted.
Rose Ann Hutton, for receiving, on 11th June last, at Belfast, five yards of silk, the property of Robert Scott. Guilty.
ASSAULT.
George and Alex. Savage were indicted for a malicious assault on Bernard Mooney, on 25th March last, near Kilmoon, County Antrim; also for a common assault.
Bernard Mooney -- Lives in the townland of Glassmillan; knows the Savages; impounded some sheep in March last; after doing so, Alexander Savage said he would rather than £1 he would come across him; he then knocked him down with a stone, and beat him until he was forced to shout "murder!" Some neighbour women came to his assistance; on his way home, George and Alexander again attacked him savagely; was under Dr. Clark's care for six weeks; has not recovered yet; had nothing to defend himself with.
Cross-examined. -- These people were his neighbours; one of them might have told him that a sheep of his was in the flock he was going to impound; did tell him so; asked him to give the sheep, and he would pay the trespass when he would go home; had rescued sheep from him before, and did not pay the trespass; impounded the sheep; when assaulted threw a stone; hit him on the back of the neck.
Rose M'Callion examined. -- Knows Bernard Mooney; remembers the day he was beaten; saw stones thrown; the Savages threw the stones; saw blood on Mooney, but did not perceive any cut.
Charles Clark, examined. -- Is a surgeon; attended Mooney about six weeks; there was a simple fracture of the skull, and two ribs broken; did not perform an operation.
Cross-examined. -- Has known the prisoners for some time; they bear an excellent character.
Mr. O'HAGAN addressed the jury for the defence, who returned a verdict of guilty of a common assault.
THE PORTGLENONE MURDER.
John Dowdall was placed at the bar, and indicted for that he did wilfully kill and slay Edward Smith, at Portglenone, on the 17th March last, by giving him a stab on the thigh with a knife, of which he lingered for half an hour, and then and there died.
James M'Peake and Henry M'Mullan were indicted for being present, aiding and abetting in the commission of the aforesaid crime.
All those prisoners were, upon other indictments, charged with a riot; and M'Mullan, upon a distinct count, was charged with an assault on Henry M'Keown.
The prisoners were asked by the Clerk of the Crown whether they were ready for their trial.
The prisoners replied that they were not yet prepared; and
The JUDGE ordered the cases to be left over until next day (Friday).
The Court adjourned at six o'clock.
-- -- -- -- -- -- --
Friday, July 15.
The criminal business of the county was resumed, at the usual hour -- nine o'clock.
PETIT JURY. -- Mr. John Agnew, Foreman; Messrs. William Anderson, John Beck, John Jettett, John Booth, William Bryson, Edward Loughran, Thomas F. How, John Moore Johnston, John M'Niece, Jas. Love, and Andrew Martin.
BURGLARY AND ROBBERY, NEAR ARMOY.
William M'Auley was indicted for a burglary and robbery in the house of James Martin, at Mullaghduff, on the 24th ult.
The prosecutor proved finding prisoner concealed in his house, which he had entered by forcing the look off the door; he struck witness with the butt of a whip, knocked him down, and ran off, but was immediately captured, and handed over to the Armoy constabulary, who found on his person a silk handkerchief, a pair of mittens, and a razor, stolen out of witness's house.
A verdict of guilty was returned.
ILLEGAL ASSEMBLAGES ON 12TH JULY.
Robert M'Williams and William John Lamont, for an unlawful assemblage at Ballymena, on 12th July. Submitted.
John Wylie, Robert Kirk, Adam Thompson, and John Angus, for an unlawful assemblage on 12th July, 1841, at Broughshane. Thompson was called upon his bail, but did not appear, and his recognizances were estreated. Angus was acquitted, and Wylie and Kirk, after a long trial, were found guilty.
Edward M'Laughlin and John Cheshunt, for an unlawful assemblage at Dervock, on 12th July, 1841. Submitted.
[At last assizes, it will be recollected, between 90 and 100 persons were arraigned simultaneously before Judge Perrin, charged with taking part in Orange processions.]
LARCENIES.
Isaiah Sueter, for stealing, at Belfast, on 6th instant, from the premises of Joseph Marshall, dealer in earthenware, a plate and a cup and saucer. Prisoner acknowledged his offence, and put forward a strong plea for mercy -- namely, that he had beea driven to the commission of it by hunger.
Charlotte Haughian, for stealing a chemise out of the Belfast House of Correction, on the 6th instant. Acquitted, from a flaw in the indictment, which did not lay the article stolen as the property of any person.
William Drew submitted to a charge of stealing a watch, at Belfast, the goods of John Fulton; and stated that he bad been driven to the theft by destitution. He had neither food nor shelter, having been discharged as an invalid from the 38th Foot, and left totally without the means of earning a subsistence. His appeal apparently excited much sympathy in Court.
MURDER OF SMITH AT PORTGLENONE.
John Dowdall and James M'Peake were again arraigned for the murder of Edward Smith, at Portglenone, on last Patrick's Day -- the first as principal, and the other as an accomplice.
By an arrangement between Counsel, both prisoners pleaded guilty -- the latter also submitting to an indictment for riot.
Henry M'Mullan, the third prisoner charged with the crime, as also with a riot, and for an assault on Henry M'Keown, pleaded not guilty, and was put upon his trial.
Henry M'Keown, sworn -- Was in Wm. Purse's public-house, in Portglenone, on 17th March; left his work, with some comrades, to get a quart of beer, as it was raining; heard the deceased, Edward Smith, request Evelyn, a companion, to sing a song, which he did; James M'Dowell, a carpenter, who was likewise a companion of Smith, also sang; there was nothing offensive in the songs; went up stairs, and saw Dowdall, M'Peake, and M'Mullan; was asked by Dowdall, when going out, who was the stranger in the kitchen; witness replied that he believed him to be a stonecutter from Belfast, who had come to Portglenone to work; Dowdall said he was able to beat him, or witness, or any other who would take their part; told him he might beat himself (witness), but said he did not want to quarrel with him; Dowdall broke a glass, and blamed the act upon witness; he struck witness thrice, and knocked him down, on which M'Peake also struck and kicked him; was dragged to the kitchen, where Dowdall held his (deponent's) thumb betwixt his teeth, until some persons gathered round and extricated him; did not see M'Mullan do anything.
Three other witnesses -- Wm. Purse, John M'Atamney, and Ellen Moore -- were examined; but their evidence was not more conclusive against the prisoner than that of M'Keown. M'Mullan was consequently acquitted.
HIGHWAY ROBBERY.
James Thompson, for assaulting James Hamill at Derrykeegan, on the 22d ult., and robbing him of a silver watch; also, for a common assault at same time and place.
James Hamill, sworn -- Was on his way home from Dervock, on the night of 22d June; when about half a mile from the town, was thrown down by prisoner, and rolled into a ditch; when he was down, the prisoner, who had fallen with him, took his watch from his waistcoat pocket, breaking the guard-chain, which he took with the watch; never saw either of the articles since; there was a crowd about them when the robbery took place.
William Cheshunt deposed that he saw the row in which the prosecutor lost his watch; was told immediately afterwards by Hamill about the robbery; spoke to prisoner about the matter, some days after, and told him there was a warrant issued for his apprehension, but that it would, probably, not be executed, if he gave up the watch. Prisoner asked him why he had not given him proper notice, that he might get it, or endeavour to get it.
It was sworn, for the defence, that it was a person named William Thompson who knocked the prosecutor down, and that the traverser was not near him at the time he fell.
The prisoner was acquitted.
NEW JURY:-- Mr. Arthur Magill, Foreman; Messrs. John Morton, William Patterson, George Strachan, James Smith, John Strachan, Francis Coates, Andw. Clarke, James Carswell, William Wilson, John Sefton, and George Stephenson.
John Bailie, for a malicious assault on Hugh Hurrall, at Ballee, near Ballymena, on 28th May last; also for a common assault.
Prosecutor stated that he was on his way home, accompanied by a neighbour, named O'Neill, when they overtook prisoner, who had some words with witness's companion; he taunted both of them with attempting to buy up potatoes at Ballymena, that day, and manifested his gratification that they had missed them; they told him they had not been at Ballymena upon such a business -- that they would rather save potatoes for the poor than deprive them of such; prisoner said he would knock witness down; asked him was he going to strike an unarmed man, and wanted to be friendly with him; was knocked down when offering to shake hands with him; a bludgeon an inch and a half in diameter was the weapon he used; has been unable to do any work ever since.
Surgeon Black of Ballymena deposed that he had attended last witness, and found him suffering from concussion of the brain, which, in witness's opinion, at one time placed his life in danger; he is now almost recovered.
The jury returned a verdict of guilty.
INFANTICIDE AT PORTGLENONE.
Eliza Boyd and Catherine Reid were indicted for the wilful murder of the infant child of the first-named prisoner, at Portglenone, on 17th May last, by strangulation.
Mr. HUTTON, Q.C., was assigned, by the Court, as Counsel for prisoners, who were persons in very humble circumstances.
Sir THOMAS STAPLES briefly stated the facts of the case for the prosecution; and called
Elizabeth M'Anally, who, being sworn, deposed that she was present in the house of the prisoner Boyd when the latter gave birth to a female child; had been called in by a little girl; Catherine Reid was also there; she is sister to the other prisoner; deponent told Reid how to treat the infant; she said it would be no harm to put it out of the way, as Eliza was motherless; Boyd declared her father would murder her, if he found the child there, as he did not know she had been pregnant; Boyd had never been married, but never heard anything wrong laid to the charge of either of the prisoners, before this affair happened; went away, and came back in about an hour, but immediately returned again, finding a number of men in Boyd's house; did not think the prisoners would make away with the child; went back a third time next morning, and inquired concerning the infant, from Catherine Reid; she replied that it was in the Bann-water, with a brick tied round its neck; said it was an ill-done (wicked) act; Eliza Boyd was not present.
The witness was cross-examined by Mr. Hutton, but nothing materially different from the foregoing was elicited.
John Gordon deposed that he was fishing in the Bann with James Campbell, on the 18th June, when he found a female child among the weeds, in water deep enough to drown him; the child was floating, though it had a brick attached to its neck by a string resembling a cut of yarn; took the child out of the water, and gave it to M'Goldrick, of the Portglenone police; the place where it was found is a short distance below Boyd's house, which is on the Antrim bank of the river.
The policeman, M'Goldrick, proved receiving the body.
Head Constable Rankin stated that he found the child in Boyd's house; took the prisoner Boyd to Portglenone, to have it ascertained, by a medical examination, whether she had lately given birth to a child; informed her, before doing so, that, if she had not borne a child, he would take care to have her sent home again.
Dr. Madden of Portglenone stated that he had examined the body of the child; was certain it had been born alive, and was of opinion its death had been caused by strangulation; examined the prisoner, and found she had shortly before given birth to a child; the infant had lived but for a very brief period.
Cross-examined. -- The prisoner had, up till the time of her apprehension, a good character.
Mr. HUTTON addressed the jury on behalf of the prisoners.
The jury, after a consultation which lasted for upwards of half an hour, returned a verdict, finding prisoners guilty but recommending them to mercy, on account of their previous good character.
John M'Mahon, for a riot at Belfast, on 12th last., and for attacking the house of Thomas Hodge. Guilty
Bernard Crane, for stealing, at Belfast, a pair of shoes, the property of Andrew Spence. Acquitted.
James Smith, for stealing, at Antrim, on the 29th ult., a barrow, the property of James Falls. Acquitted.
John Rolleston, for stealing, at Ballymena, on the 2d instant, a cow, the property of Robert Boyd. Guilty.
Jane M'Donnell, for stealing, at Belfast, on the 12th instant, four books, the property of John Hill, Donegall Street. Guilty.
Nancy Dempsey, for stealing, at Belfast, on the 23d June, a coat and a pair of shoes, the property of John Flower; and also a chemise; and table-cover, the property of Anne Johnston. Submitted.
At the conclusion of this trial, the Court adjourned until Saturday morning.
-- -- -- -- -- -- --
Saturday, July 16.
Judge PERRIN took his seat on the bench to-day at nine o'clock, when the following prisoners were brought up and received sentence:--
Hugh M'Kee, seven years' transportation.
John Shaw, three months' imprisonment.
John Dowdall, seven years' transportation.
James M'Peake, six months' imprisonment, with hard labour.
Elizabeth Boyd and Catherine Reid, sentence of death recorded.
John Baillie, twelve months' imprisonment, and hard labour, alternate months.
Wm. M'Auley, six months' imprisonment; every other month hard labour.
John Rolleston, twelve months' imprisonment.
Rose Ann Hatton, six weeks' imprisonment.
John Lappan, six weeks' imprisonment.
Wm. J. Lamont, bail in £30, and two sureties for £20, to appear at next Assizes for trial.
Robert Williams, to give similar security to appear at next Assizes.
Isaiah Sueter, six weeks' imprisonment.
Nancy Dempster, three months' imprisonment.
John M'Mahon, four months' imprisonment, with hard labour.
Samuel M'Donnell, six weeks imprisonment.
James Drew, seven years' transportation.
Allan and George Savage, two months' imprisonment.
Robert Kirk and John Wylie, six weeks' imprisonment, and £1 of fine.
Edward M'Laughlin and John Cheshunt, two months' imprisonment.
In reference to the two women left under sentence of death, Judge Perrin stated that he would forward a representation of their case to the Lord Lieutenant, with a view of commuting the sentence.
The following gentlemen were then empanelled as a Petit Jury:-- Messrs. Robert Rowan, John Wilson, Robert Camac, John Griffiths, William Hill, Hugh Hamilton, Robert Woodside, jun., Thomas M'Anderry, Samuel M'Afee, James Woodside, Alex. Stewart, Hugh Adams.
Daniel Kane was indicted for procuring from Robert Kennedy the sum of £20, under the false pretence that he had paid an order for the amount into the Ballymoney Branch of the Ulster Bank.
Robert Kennedy sworn. -- Saw prisoner at Ballymoney, in March last. He borrowed £20 from witness after bank hours. Afterwards saw the prisoner, and he said, if he would lend him £20, there was a letter of credit at the bank for him in re-payment. Never got it, and did not know if the money was in the bank or no. That was all he knew about it.
By the direction of the Court, the jury returned a verdict of "not guilty."
Patrick Haggarty, for setting fire to a turf stack, the property of Hugh Cunningham.
Hugh Cunningham sworn. -- His stack was burned on 12th March. Saw Haggarty set fire to it. It was eleven o'clock at night. There were disputes about the turf, and they were often before the Magistrates about it. Does not recollect how soon he swore the information against prisoner. Witness's brother was also charged with burning it. The information being dated 26th April, and the answers of the witness very evasive, he was removed from the table by the order of the Judge.
Jane Cunningham, wife of the preceding, was set to watch the turf, and saw Haggarty set fire to it. Never said afterwards that it was a pity they were asleep, or they might have saved some of it.
Alexander Macauley was also examined, and stated that he heard the prisoner say he would destroy the turf; witness had seized the turf under a Quarter Sessions decree, and sold them to Hugh Cunningham on the 12th of March; the prisoner had processed witness for the value of the turf, and they were burned that night; the prisoner got a Quarter Sessions decree against witness afterwards for the value of the turf; witness stated before the Barrister that he had heard that the prisoner was blamed for burning the turf, but he could not prove it, and a decree was got against him; he believed it was after that that Cunningham swore his informations against the prisoner. He was cross-examined, and said he wished tell nothing but the truth.
Mr. O'HAGAN addressed the jury for the prisoner, maintaining that it was altogether a trumped up story. He then examined Catherine Morrison, who swore that she heard the Cunninghams blame John Cunningham with the burning of the stack, and also regret that they were sleeping when it was on fire. The jury returned a verdict of "not guilty."
The Queen v. Irwin.
Mr. ALEXANDER MONTGOMERY applied for a reduction in the amount of bail demanded from the defendant (Irwin of Carrickfergus), the case (a charge of bigamy) having been again postponed till next Assizes. Mr. Montgomery read Irwin's affidavit, to the effect that he would be able to get bail, if the amount required from the sureties were reduced.
The COURT -- What amount of bail was required?
Mr. MONTGOMERY -- He was bound himself in £200, and two sureties in £100 each.
Mr. LEGG said this amount was necessary: there were fears that the party would leave the country.
Mr. MONTGOMERY replied that this was altogether a groundless suspicion.
The COURT -- Perhaps it will be as well to fix his own at £300, and the two sureties at £25 each, if agreeable to both parties.
To this the agents assented.
After disposing of one or two similar applications, and some road traverses, the business of the Court was brought to a close about twelve o'clock, and the Judge left the bench.
-- -- -- -- -- -- --
RECORD COURT.
BEFORE THE HON. JUSTICE CRAMPTON.
Friday, July 15.
IMPORTANT MERCANTILE CASE.
Robert Brown, plaintiff; James N. Richardson, sen., Joshua Pim Richardson, and James Nicholson Richardson, jun., trading under the firm of Richardson, Brothers, & Co-defendants.
Mr. JOY opened the pleadings. This was an action in trover, brought to recover the value of 1,221 bundles of linen yarn (£328 2s. 10d.) sold by plaintiff, a yarn merchant in Belfast, on 26th March, 1842, and of 510 bundles of linen yarn (£153), sold on the 30th of the same month, to Wm. Alexander Ohmann, commission merchant of Belfast, and which were delivered, by Ohmann's order, to be pressed and packed for shipment, to the defendants, who, on their part, delivered said yarn to be shipped.
Mr. M'DONNELL, Q.C., stated the case for the plaintiff and called the following witnesses to establish the facts:--
Samuel Tierney examined. -- I have been in the employment of plaintiff for nearly two years. He is a commission merchant, carrying on business in Belfast, and buys yarn. I know Messrs. Richardson, the defendants. They are general merchants in Belfast, and press packers. Plaintiff employed them in this capacity, and also Bozi & Co. I know Mr. W. A. Ohmann. Mr. Brown was in the habit of sending yarns for Mr. Ohmann, as well as for other persons, to be packed at the defendants; concern. He always paid for the package of Ohmann's goods, charging it, of course, to Ohmann's account. Ohmann was a merchant, and dealt with plaintiff for about a year for yarns. On the 25th March last, he (Mr. Ohmann) purchased 1,221 bundles of yarn, which I sent to Richardson's to be packed, by a person named Joseph Miller, who is in Mr. Brown's employment. It was my duty so to send those goods. Ohmann gave neither security nor payment for that parcel. The initials to the receipt for the goods sent by Miller are those of Emerson, one of Messrs. Richardson's young men. In sending the parcel to defendants, one bundle of yarn was wanted, which fact was stated in the note of delivery. On the 31st March, a second parcel of yarn was delivered to defendants on Ohmann's account, for which, also, a receipt was procured by Miller, signed by Charles Druitt, one of defendants' clerks. To the best of my recollection, no invoice was given of the second parcel; I am aware that no payment was made for it, and that no security was given. Messrs. Richardson were paid for the package of all former parcels sent to them on Ohmann's account. [Witness is here handed a document, which he identifies.] This paper is a receipt for the delivery of the first parcel to defendants. I tendered to defendants the amount charged for packing both parcels. Mr. Brown always paid the cartage of the parcels to defendants, which was not charged to Ohmann. The carter who carried the two parcels in question is named John Williamson. Understands the goods, when packed, were put aboard a vessel named the Gem, which was lying at Belfast quays at the time, on berth for France. Mr. Brown gave no directions to defendants to deliver the parcels to Mr. Ohmann. Mr. Ohmann stopped payment on the 8th of April. On the following day, I went to Richardson's, and applied to have the goods in question returned to plaintiff, and was told by his young men that they had been delivered for shipment. I inquired under whose authority they delivered the yarns, and was told, in reply, that they belonged to Ohmann, and had been delivered on his order. I then gave defendants an invoice of the goods. I applied formally to Mr. Valentine, whom I believe to be a partner, and manager in Richardson's firm, on the 10th April, for the restitution of the goods, and informed him that Mr. Brown was willing to pay the amount for package. The goods were not returned, nor has payment ever been made for them. I am quite certain of this fact. Our house had paid, in former transactions, for baling and packing. I know Mr. Bozi, who is a packer, and filled orders for him.
The witness was here asked what was the custom of the trade with respect to goods sent to be packed and baled -- whether it was usual to deliver them to any other parties than those who bought them, without special authority.
Plaintiff's Counsel objected to the question, and the Court ruled against it, but took a note, and allowed it to be answered?
Cross-examined by Mr. TOMB. -- I am overseer of the yarn department of plaintiff. Mr. Ohmann had done a good deal of business with us for about a year. We took his bills, giving short time. I did not always make out the invoices. I sometimes sent the goods to the packers to whom I have alluded, sometimes to another, that they might be pressed and packed, ready for shipment. We paid their cartage to the vessel, and that of all other goods. They were to be shipped for Mr. Ohmann, when and in what vessel he desired. We never sent them anywhere unless he so desired. Sometimes we sent the goods, to be packed, to Richardson's -- sometimes to Bozi's -- it was by his directions we sent the goods in question to Richardson's. It was Mr. Ohmann who directed us as to the marks to be put upon the goods; Richardson's man made out the marks, when I gave him directions in the docket to pack them for Mr. Ohmann, and in that case Mr. Ohmann went and gave directions about them himself. To the best of my recollection, he never gave them directions in any other case. I cannot tell what directions he gave to Richardson's. We acquiesced in the directions we supposed they had got from Mr. Ohmann, when they informed us they were going to ship for him. We invariably, charged the package, but never carriage, to Mr. Ohmann. It was Mr. Ohmann who ultimately paid the carriage to Mr. Brown, but Brown was accountable to Richardson, and Ohmann was not to be known in the affair at all, have had several conversations with the parties on my side, since the suit commenced -- so, I suppose, have you (the defendant's side) with your witnesses. Mr. Ohmann has no warehouse that I know of, [Witness is handed a MS. receipt.] This document has the initials of Emerson, a young man in Richardson's employment; but we added the numbers put on the bales. This is a receipt for the second parcel.
Several invoices, dockets, packing drafts, &c., made by plaintiff to defendants, were identified by witness, and handed up as evidence.
Cross-examination continued. -- I will not swear positively that the package of a parcel delivered to be packed on the 10th March was paid, but to the best of my recollection it was. This was the last parcel delivered before the two in question.
To Mr. WHITESIDE. -- Messrs. Mulholland, and Messrs. Murphy & Co. of Belfast, who are in the linen-yarn trade, have packing machines, and, when they sell goods, pack them on their own premises. I do not recollect, on any former occasion, goods being delivered to Messrs. Richardson, whose marks had not been furnished to them by us.
Joseph Miller, a porter to plaintiff, examined by Mr. JOY. -- I was in the employment of plaintiff in March and April last. I recollect, on the 28th March last, Mr. Tierney giving me goods to deliver to the defendants, which I put on John Williamson's cart, and delivered at Richardson's, in York Street, when I got a receipt from one of their young men named Emerson. This I delivered to Mr. Tierney. I know a young man named Duff, who is in Richardson's employment -- he generally takes in charge all goods delivered at the yard. I recollect Mr. Tierney's also giving me, on the 31st March, another parcel of goods, which I delivered at Messrs. Richardson's. I got the receipt from Druitt, one of the young men. I did not go to Richardson's in the early part of April, to demand these goods. The parcels were generally carted by persons in the employment of John Williamson, a common carrier.
Archibald Warnock, examined by Mr. M'DONNELL, Q.C. -- I am son-in-law to plaintiff, and have been in his employment since December last. I was sometimes employed to make out invoices of goods sent to Richardson's. I know, of my own knowledge, that a returned bill of Ohmann's was due to plaintiff on the 8th April last, on which day Ohmann, stopped payment. This sum has never since been paid. After Mr. Ohmann stopped payment, I went to defendants, and demanded the re-delivery of some goods. I saw Mr. Valentine there, who is in defendants' employment. I do not know whether he is a partner or not. We received, previous to the 14th of March, frequent notices of the non-acceptance of bills sent by Ohmann for acceptance. None of them has been preserved, except that as to the non-acceptance of the bill for £201 5s. I saw the bill of lading, on the 11th April, of the goods of which demanded restitution, and which had then been shipped, but I never could learn the date. The value of the goods in the two parcels, separately is £328 2s. 10d. and £153.
To THE COURT. -- Has been in the yarn-spinning trade, but not in that of shipping the article.
To Mr. M'DONNELL. -- Has not seen Mr. Bozi today.
Mr. HOLMES. -- And what evidence is that, even if he has? What do we know about Mr. Bozi?
Mr. M'DONNELL -- It is of importance to us.
Mr. HOLMES -- Did you ever before, in an action of trover, hear of Mr. Bozi? (Laughter.) Gentlemen of the Jury, you must find a verdict for us, because the witness did not see Bozi. (Renewed laughter.)
Witness cross-examined by Mr. HOLMES. -- It is the person shipping the goods for whom they are sent to be packed. We continued to sell goods to Ohmann, after we received notices that his bills had been dishonoured.
James Wright examined by Mr. WHITESIDE. -- Knows Theodore Bozi, a packer of yarn in Belfast. Served him with a subpoena and a viaticum in this case last night.
Mr. Bozi was called repeatedly, but did sot appear in Court.
Several documents were handed up to the Registrar, as evidence on the part of plaintiff.
James Bristow, Esq., examined by Mr. JOY. -- I am a partner in the Northern Banking Company, know of several bills having been passed through that company to a London house, in the early part of this year, and that notices of their not being accepted were sent forward from London. The bills were all eventually paid except one. [Identifies the latter.]
The plaintiff's case here closed.
Mr. TOMB, for defendants, submitted that there was no evidence of conversion of the goods in this case. The only evidence of such a fact was, that a demand for the goods-had been made at a time when they had been shipped on board a vessel lying at the quay of Belfast, and when they were no longer in defendants' possession.
The COURT said that the only question was whether the defendants were or were not bailees of the goods on the 8th of April. If the Jury believed that the goods were improperly delivered into the hands of Ohmann, then there was evidence to go to them.
Mr. TOMB, after having had put on the record a note of the point he had raised, stated the defendants' case.
The following witnesses were then called:--
William Alexander Ohmann, examined by Mr. HOLMES. -- I know the plaintiff, and have had dealings with him for about a year, in linen yarn for export. I never had a store or a packing machine. I generally dealt on credit, but sometimes made with Mr. Brown my own conditions as to paying him -- for instance, in a few days -- generally at the end of the usual month -- but often by cheques on the Northern Bank. I directed Brown to send the yarns, at first to Bozi & Co., and afterwards to Messrs. Richardson's. I know the two bundles, the subject of the present action. I bought the first on the 26th March, the Saturday before Easter. I directed them to send it to Richardsons', and wrote to the latter; the marks were put upon the bales. I bought a second parcel on the 29th or 30th March. I told the Richardsons to send them to the schooner Gem. Three bales were put on board; and, the next day, I went to Mr. Brown's, and told him that one bundle of No. 50 leas was wanting to complete a bale for which I was very anxious, as the vessel was filling up. He replied that his warehouseman Tierney, who is here, was absent, and that he knew nothing about the matter, but should have it attended to on Tierney's return. The bundle was afterwards sent. I always directed Brown to pay Richardsons for the packing; and to charge it to me. This he did in some instances, in others not.
Cross-examined by Mr. M'DONNELL. -- It was some time after I stopped payment that the Gem sailed. I had some goods on board besides the three bales, but not a great deal, none of which have been paid for. I cannot say my bills were dishonoured by Rougemont &, Co. of London -- they only requested the holders to keep them over for a few days. They were a rather capricious house, and had held over bills of mine from February, which they accepted in March. I have not become bankrupt or insolvent, nor have I made a settlement with my creditors. I gave no bills for the goods in question, but intend to pay for them. I cannot say how long it was before the 8th of April that I was insolvent, for my solvency depended upon the sale of goods in France, upon which there has since been a heavy loss. My solvency still depends upon remittances from France. I had a conditional commission to buy goods for a French house, and I also bought some goods on my own account. I have not assisted the Messrs. Richardson in getting evidence in this case. Mr. Valentine did dot threaten to break open my desk if I did not give him up the bills of lading of the goods.
To the COURT. -- Bought the first part of the goods upon credit:-- on bills on Rougemont & Co. of London, payable on 22d April. These bills were equal to cash. I got no invoice of the second parcel.
Benjamin Duff, examined by Mr. Napier. -- I have been for several years in the employment of Messrs. Richardson. I have charge of their packing department. I remember a parcel of yarn being brought were from Brown's, on the 28th March. It packed in three bales, marked, and sent to the Gem, by myself. Application was afterwards made, by myself, at the plaintiff's premises, to complain that a bundle of the yarn was wanted, and that I could not make up a fourth bale without it. I told this to Mr. Brown in Donegall Street, and added that Mr. Ohmann was in a hurry to get the yarn shipped, and the bills of lading signed. He told me that the clerk of his yarn department was absent, but that the matter should be attended to. The missing bundle was afterwards sent, and I packed and shipped the fourth bale. On the 1st of April, I believe it was, a fifth was shipped, which had come to me on the 31st of March.
Cross-examined by Mr. WHITESIDE. -- I cannot say about what time the vessel sailed -- I never knew -- never heard it from my master or Mr. Valentine. I went down with no goods to the ship, on any of the evenings on which these bales were shipped. I met Mr. Brown in Donegall Street, exactly opposite Elliot's Court. He was not alone when I was with him. (Laughter.) It was before dinner that I met him. I made no memorandum of the circumstance. I did not mention the circumstances until after this row commenced, and then I remembered them perfectly. I know Mr. Ohmann, Mr. Brown, and Mr. Bozi when I see him. I did not see him in town yesterday. Mr. Brown is a gentleman, I believe.
To the COURT. -- My reason for asking Mr. Brown on the street about the missing bundle was because I could get no satisfactory answer from his young man, Mr. Stewart, except that he took the invoice, spread out the bundles, and said he would show them to Mr. Brown.
Mr. Wm. Valentine was called for the defendants, but was objected to by Counsel for plaintiff, on the ground that he was a partner in the firm of Richardson, Brothers, & Co.
Abraham W. Craig, examined by Mr. HOLMES. -- I reside in Belfast, and know Mr. B., the plaintiff. I recollect the day -- Friday -- on which Mr. Ohmann stopped payment. I saw Mr. Brown, on that day, and went with him to Messrs. Richardson's office. Either Mr. B. or myself inquired whether the yarns had been shipped for Mr. Ohmann, and Mr. Valentine replied that they had, and that he was going to see if bills of lading had been signed. He went, to the houe of Mr. Humphrey, the captain of the vessel, for this purpose, and, when he came out, he said the bills had been signed. We then went to look for the captain, at the office of Mr. Hind, a shipbroker, and I parted from the others at the foot of Waring Street. Do not recollect whether Mr. Brown, during the time he was with me and Mr. Valentine, made any complaint, or expressed any dissatisfaction with the defendants for having delivered the yarns to Mr. Ohmann.
Cross-examined by Mr. JOY. -- I should think that the Gem sailed about ten days after Mr. Ohmann's insolvency took place.
Counsel for defendant read, under objection from Counsel for plaintiff, documents showing the general usage of the linen trade in Belfast, with respect to credit, &c. Others were admitted without objection.
Mr. WHITESIDE spoke to evidence, upon the part of the plaintiff, for about an hour.
His LORDSHIP then charged the Jury, and recapitulated the evidence. The question, he said, was a question of property; and the question for them to decide would be, to whom did that property belong. If the property belonged to Brown at the time of shipment, Messrs. Richardson had no right to deliver it; but, if it was Ohmann's, or their own, they possessed such a right. There seemed a certain slovenliness in the mode in which the evidence had been brought forward. It appeared that Mr. Ohmann was himself a yarn merchant in Belfast, and that he had certain transactions in yarn with Brown, the plaintiff. He had been, it was alleged, in somewhat embarrassed circumstances, at the time he bought the goods at issue; but the evidence of this was of so trifling a nature, that the jury might throw it out of their consideration. The goods were purchased on short credit, by bills on a French house in London. Now, the law was, that, where once goods were sold and delivered to the vendee, or to his agents, they became the property of the vendee from that moment. There was, to be sure, in cases of insolvency, a right of stoppage in transitu; but here there was no insolvency at the time of delivery, nor any right of stoppage in transitu put in force. He did not think the payment of the charge of package by the plaintiff was a thing to be much relied on by the jury. The real question for them was, whether a perfect and legal delivery of the goods took place when they were sent from the plaintiff's concern to that of the defendants, in order to be packed; or whether the delivery of them was merely a step towards a further delivery, and that the defendants only held them in trust for the plaintiff. Among the documents produced in evidence on either side, there was nothing in which the name of the purchaser occurred. If the alleged purchaser, Ohmann, had had a warehouse, the goods could have been sent there at once, and there would have been no necessity for the present case; or if he had brought them to another person's warehouse, or had required them, for shipping without packing or pressing, he might have taken them at once, and the ground of the present action would be equally bad. After some further observations, generally favourable to the case for defendants, his Lordship left the case to the jury.
The Jury then retired, and, after a brief absence from Court, returned with a verdict for defendants, with 6d. costs.
Counsel for plaintiff -- Messrs. M'Donnell, Q.C., Whiteside, and Joy. Agent -- Mr. Jas. Davis.
Counsel for defendants -- Messrs. Holmes, Tomb, and Napier. Agent -- Mr. John Bates.
The following Jury were then sworn:-- Basil G. Brooke, Thomas M'Cammon, James Campbell, G. S. Wilson, John Cramsie, Ledlie Clarke, John Shaw, Edward Nelson, Thomas Walkington, William Arthur, James Steen, jun., and Isaac Arrott, Esqrs.
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John Jack, Lessee of James Coleman, plaintiff; James Quirey, defendant.
Mr. STEPHENS opened the pleadings. This was an action of ejectment on the title, brought to dispossess the defendant of certain messuages and tenements in Donegall Street, Belfast.
Mr. NELSON, Q.C., stated the case for plaintiff. He stated that, on the 20th of August, 1833, by a lease from Robert Greenlaw, the premises in question, which were situate on the west side of Donegall Street, in the town of Belfast, had been demised to the defendant, for a term of fifty years, at the annual rent of £42. The defendant having become indebted to a person named M'Connell, a judgment was sued out in Michaelmas Term, 1841, and a writ was obtained, and the Sheriff, by his decree, seized upon the unexpired term of the demise, and sold it to Mr. Coleman, making the usual deed of assignment, under which the premises were now occupied by Mr. Coleman and his undertenant. It was to confirm this deed of assignment that the present action was brought.
John Stevenson, an apprentice to Thomas Kennedy, agent for Mr. Black, the attorney, in this case, proved the attested copies of the judgment, writ, and return.
John Canning examined _by. Mr. NELSON. -- Knew Mr. Abernethy, formerly in the employment of James Andrews & Co., Donegall Street, Belfast. He is now dead. Proves his signature as a witness to the house of the premises. He died in June, 1834.
William Black, Esq., Solicitor, examined by Mr. STEPHENS. -- Was present at the sale of the premises in question, which are occupied by the lessor and his sub-tenants. The Sheriff at the time of the sale was Conway Dobbs, Esq. Proves the attested copy of the deed signed by the Sheriff, to which he was a witness.
Cross-examined by Mr. WHITESIDE -- Does not know that Coleman was a friend of plaintiff, or that he had authorised Coleman to purchase the premises for him in trust; thinks £200 were paid for them, and that that was nearly their value.
This closed the plaintiff's case.
Mr. WHITESIDE, for the defendant, submitted that the judgment deed in this case had not the legal stamp, that no demand for possession had been made, and that the plaintiff had guaranteed to purchase the concern in trust for the defendant.
The learned Judge directed a verdict for the plaintiff, with 6d. costs.
Verdict accordingly.
Counsel for plaintiff -- Messrs. Nelson and Stephens. Agent -- Mr. Wm. Black.
Counsel for defendant -- Mr. Whiteside. Agent -- Mr. Stephenson.
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Hugh M'Kee, plaintiff; John Gardner and Fras. Gardner, defendants.
Mr. HEAD opened the pleadings. This was an action upon a bill of exchange, by the endorsee against the acceptors. The bill was payable at the office of the Northern Banking Company, in Lisburn. The declaration contained a count alleging presentation, and the other usual counts. The amount was for £30 9s., with interest. The defendant, pleaded the general issue.
Mr. Pennington of Lisburn proved the identity of the bill.
Matthew Johnston Smyth, Esq., of Lisburn, proved the presentation, and that there never were funds deposited in bank to lift the bill.
The COURT directed a verdict for plaintiff, for the full amount, with costs.
Agent for plaintiff, Mr. David Legg; for defendant, Mr. Stewart King Forde.
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John Jack, Lessee of the Right Hon. John Bruce, Richard Lord Viscount O'Neill and others, plaintiff; Ralph Ruddell, defendant.
This was an action of ejectment on the title, brought to recover possession of a farm, the houses, fences, &c., on which, it appeared, defendant had allowed to fall into a state of dilapidation.
There was no appearance for defendant, against whom, of course, there was a verdict, with costs.
Agent for plaintiff, Mr. William Orr; for defendant, Mr. John Suffern.
The following records were withdrawn by consent of the parties.
Margaret Milliken v. James Armstrong -- Breach of promise of marriage.
John Jack, Lessee of John Grogan and others, v. Patrick and Joseph M'Erlaine. -- Ejectment for nonpayment of rent.
The Court, after hearing a few unimportant appeals, adjourned for the day.
-- -- -- -- -- -- --
Saturday, July 16.
The COURT opened shortly after nine.
The following gentlemen answered to their names, and were sworn as a
RECORD JURY:-- Messrs. James Campbell, James G. Brown, Ledlie Clarke, John Shaw, John Potts, Guy S. Wilson, John White, John Davison, Archibald M'Kinley, John Campbell, Archibald Moore, Isaac Arrott.
John Robinson, plaintiff; James Thompson, defendant.
Mr. WHITESIDE opened the pleadings. This was an action on a contract for work and labour done by plaintiff for defendant, in 1838 and 1839, in the building of a new house and repairs of an old one at Oriel Lodge, near Antrim. The contract was for £36 10s., and the plaintiff sought £21 additional for "extra" work, alleged not to have been included in the contract. The defendant pleaded the general issue.
[This case was tried at Lent Assizes, but on that occasion the jury could not agree to a verdict.]
Mr. HOLMES stated the plaintiff's case.
Witnesses -- working carpenters and bricklayers -- were called to prove the contract and the valuation of the extra work alleged to have been done -- as also of the payment of certain moneys to plaintiff. On cross-examination, these witnesses could not prove, with respect to some of the extras, that they had been ordered by defendant.
The payment for the contract work seemed to have been paid by a bill at three months.
The following witnesses were also produced:--
John O'Neill, examined by Mr. HOLMES. -- I am a bricklayer, and assisted in building the house in question. Anything I saw of the matter in dispute was betwixt August and November, 1838. I knew plaintiff to put the whole roof on the new and part of the roof on the old house. He laid the joists, bond-timbers, lintelling and centering. He laid bond-timbers at half story high, for the house was built without frames. I have known 3d. a yard paid for bond-timbers. There were 192 feet of bond-timbers in the house. [Reads from a paper, which he says Robinson gave him, but says he made a measurement himself, at the time the bond-timbers were being laid on.] I measured the architraves and joisting. When I allude to the architraves, I speak of those of three windows and a top window. There were nine and a half squares of joisting. There were seventy lineal feet of architraves, and forty feet of jamb-linings. I measured nothing else. [Is handed a plan, of which he says he knows nothing, except the elevation of the house.] The defendant has left the farm on which the house was built. -- It was on Lord Ferrard's estate.
Cross-examined by Mr. TOMB. -- The bond timber was sawn up in scantlings when I saw it, and Mr. Robinson was obliged to prepare it, which was pretty troublesome, as the scantlings were crooked, being cut out of poplar, and not straight, as if they had been cut out of pine. I can't recollect that I proved the measurements at last Assizes. I made them behind Mr. Thompson's back, and was not so sure of them on the last occasion as I am now.
James Davis, examined by Mr. NAPIER. -- I examined the work done by Robinson, took down notes of the particulars, and put what I considered fair prices to the different items. [Read some of the particulars from his notes.]
Cross-examined by Mr. ANDREW. -- I come from the neighbourhood of Randalstown, and am now a farmer, but served my apprenticeship to the business of a carpenter, at which I ceased to work, ten or eleven years ago. I was taken to the building by Robinson, and put prices to what he pointed out. I saw the agreement and the extra work myself. I have made contracts for work.
The contract was entered as read, and the plaintiff's case closed.
Mr. TOMB stated the case for the defendant, and called the following witnesses:--
Thomas Jackson, examined by Mr. Andrews. -- I am an architect, and do business in Belfast. I examined the house in question on Tuesday last, on which occasion I had a copy of the contract now produced, as also the book in my hand. [Is handed the bill of particulars, and states that he could not see the bond timbers in the house, as they were sunk in the walls; but says that, if they are of the same defection as those usually put in walls of the kind he saw, they should be laid on for about ¼d. per foot, taking the wages paid at 15s. per week. The plaintiff charged 1d. per foot.] The wall-plates, being part and parcel of the roof, should be charged with it. [These items belonged to the contract work. Those which follow were charged as extras.] The bedroom window architraves could not be put in until the windows themselves were finished. The original estimate contains a greater number of feet of architraves than are actually in the building. I find no jamb-walls mentioned in the estimate, but the house could not be finished without them, unless mere plaster were used. [Mr. WHITESIDE stated that plaster had been used.] The battening of the jambs, &c. (charged at two days' work), could be done in less than one. The trimmings of the windows, in alterations, charged at eighteen days, should hare been done in six days. The contract says that window boards should be used -- to make recesses as done was certainly extra work. Half a day is generally allowed for putting on a mortice lock (two days were charged by plaintiff for two of these looks). The work was wretchedly ill done. I never was called upon to examine worse.
Cross-examined by Mr. WHITESIDE. -- Window frames may be made (as expressed in the contract) without being slipped and stopped; slipping and stopping are here charged as extras, and would be worth 1s. 6d. or 2s. per window. My instructions were to state fully the nature of the work and the value of it. I find £4 charged for battening, which should not have been rated at more than two days' work of a man.
Orders and receipts for upwards of £13 were handed up as vouchers for sundry payments made by defendant. A bill of exchange for £26 given to plaintiff was also adduced in evidence.
Mr. HOLMES spoke to evidence on the part of the plaintiff.
His LORDSHIP then charged the jury. In doing so, he told them that the question for them was, whether the plaintiff, a working carpenter, had or had not been paid for the work he had engaged to do for the defendant. There had been work done before Nov. 1838; after Nov. 1838, on a contract; and, thirdly, after that contract, and before the contract was completed, under the head of extras. All the work on the contract of Nov. 1838 had been paid for. What the plaintiff sought for was to be paid for work done before Nov. 1838, and for extras pending the execution of his contract, amounting, in all, to about £20. Other items were also the subject of contest, which were charged under the head of alterations. After the whole of the work had been completed in 1839, a bill and receipt were passed for the whole of the contract. A question then was, why was not the £4 or £5 claimed for work before November, 1838, included in the bill? He thought the defendant was entitled to credit for the sums included in his vouchers, as produced, but not for double credit. It was not, however, enough to say, on the plaintiff's part, that the work was charged too high, or that it had been badly executed -- and Mr. Jackson, a person evidently well acquainted with the business of an architect, stated that it had been very badly executed -- that he had never been called upon to examine worse. If the jury considered, upon the evidence, that a settlement had not been made between the parties which was taken to include all sums owing to the plaintiff, it was his (the learned Judge's) opinion that the extra work ought to paid for, not according to the quantum meruit, or the actual value, but according to the contract agreement.
The jury found for the defendant, with costs.
Counsel for plaintiff -- Messrs. Holmes, Whiteside, and Napier. Agent -- Mr. J. Hitchcock, Antrim.
Counsel for defendant -- Messrs. Tomb and. Andrews. Agent -- Mr. Edmund Malone, Antrim.
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A DISGUISED NOBLEMAN IN DIFFICULTIES.
John Paterson of Peebles, Scotland, plaintiff; Alex. Hewlett of Belfast, defendant.
Mr. NAPIER opened the pleadings. This was an action for goods sold and delivered. The defendant pleaded the general issue.
Mr. WHITESIDE stated the plaintiff's case, which afforded wide scope for the display of his, forensic wit and sarcasm. He informed the jury that the sum claimed in this action amounted to about £10. His client was a respectable ironmonger, residing in Peebles, Scotland, and who, to his principal business, added that of a grocer, as well as some one or two besides, as was not unusual in the sister kingdom. Counsel proceeded -- The defendant, gentlemen, is a fashionable man, who draws the means of making out life wherever he can, and who, two or three years since, in a tour through Scotland, had the honour of being mistaken for a very distinguished nobleman, [The Marquis of Waterford, as was understood by the numerous listeners in the Court, who bestowed more than their wonted attention upon this very amusing case.] But, gentlemen, I am instructed that the defendant does not rank among the aristocratic classes, but that he is one of us -- the legal profession. (Laughter.) In the course of his progress, he visited Peebles; and, having a musical propensity, which he was anxious to indulge, he purchased a flute from my client, but for which -- undoubtedly in the hurry and pressure of more important business -- he totally forgot to pay. (Renewed laughter.) And I am sorry to have to tell you, gentlemen, that his want of recollection has continued ever since, which obliges my respectable client to seek the price of his flute through the intervention of a jury. (Much laughter.) But the defendant, being a man of fashion, had other tastes besides that for music. He was a little of a sporting character; and, to gratify his passion for shooting for field sports -- he must needs have a rifle, for which he also patronised my client -- forgetting, however, (though, I am sure, that it could only have been in the hurry of business, as in the former instance), to pay the price of it. (Laughter.) The gun required some indispensable etceteras, such as shot, and a canister of powder, and these, too, he procured at Mr. Patterson's establishment, without cash. These items, gentlemen, with interest upon the debt, make up the amount now sought at your hands. The Scotch are a wise people -- a cool, cannie people. (Hear, hear, from, the defendant, and irrepressible laughter from the bar and audience.) They sell their goods; and, if their accounts be not paid within a given period, they charge interest upon their outlying money -- arguing, and, in my opinion, with their usual wisdom, that they could have turned it to advantage, had it been in their own hands. These, gentlemen, are, briefly,the facts of our case, which I shall produce respectable testimony to establish; and I think that you, who are yourselves men of business, will, by your verdict, decide that the defendant is entitled to settle our claim. He has played upon our flute, and he has shot with our gun; and it will be for him to show upon what grounds he refuses to settle honourably with those who administered to the gratification of his musical and sporting propensities, while enjoying the pleasures of Scottish scenery.
Counsel resumed his seat, amid a protracted burst of merriment; and then, rising again, called
Mr. Charles Brodie, who was examined by Mr. NAPIER, and stated that he was intimately acquainted with the plaintiff, Mr. Patterson, who was an ironmonger in Peebles; was aware of some transactions between the defendant and plaintiff; a gun was left in witness's house, to be delivered to defendant, who was stopping at an inn in Peebles at the time; this was in July, 1839; couldn't say what description of gun it was, as the article was packed up in paper when delivered; other goods, besides, had been left with witness, for defendant; they were supplied by plaintiff; defendant stated to deponent that he was to pay £7 for the gun; he also mentioned that he had got a flute from Mr. Patterson, but witness doesn't recollect that he said anything about the price; had once heard him play on the flute.
Defendant (who acted as his own Counsel) -- Will you swear that the flute I then played on was the same that you alluded to before?
Witness -- I don't know whether it was or not.
Defendant -- I'm sure you don't. My Lord (addressing the Court), it was only a seven-and-sixpenny one. (Loud laughter.) ,
Mr. TOMB -- What tune did he play?
Defendant -- Oh, "The Boyne Water," of course. (Roars of laughter.)
Examination resumed. -- Knows nothing of the balance unsettled between the parties; lives six and a half miles from Peebles, and had not an opportunity of knowing all the goods that defendant got from plaintiff; received two guns for defendant, one of which is still in his possession.
Witness (to the COURT) -- The two guns did not come at the same time; the second came in July, 1839; defendant received the flute a few days before he left Scotland, which was in September, 1839; doesn't know anything about the payment for the goods, except what he heard from the defendant himself; it is the custom with shopkeepers in Scotland always to charge interest when an account remains unpaid for twelve months.
Defendant (to the COURT) -- My Lord, will you be good enough to examine Patterson himself, who is here? This witness knows nothing at all about the transaction. Patterson says that I bought a rifle for £15 -- this man swore to-day that I said the price was to be £7.
His LORDSHIP said that what the defendant requested was contrary to the practice of Irish courts.
To the Witness -- Now, Sir, by the virtue of your oath, did I ever tell you that the price of the rifle was to be £15, or that I would ever buy it or pay for it at all?
Witness -- I remember your saying that the price was to be £7.
Defendant -- Then you have a better memory than I. (Much laughter.)
Mr. WHITESIDE -- So it would appear.
Defendant -- Did you not, Sir -- answer me upon your oath -- know that the rifle was a second-hand one -- that it had been lent to Mr. Locke of Rachan -- that he had used it -- that Patterson gave me liberty to shoot with it for two or three days, and that I was to buy the article if it pleased me?
Witness -- I did not hear Mr. Patterson say any such thing.
Defendant (to the COURT.) -- Why, my Lord, it was worth nothing. You might as well pull at that table (the witness table), as pull at the trigger and expect the gun to go off. (Laughter;) And it was so much roosted, as they call it over there, that all the powdered emery and oil in the world would not clean it. (Loud laughter.)
The defendant having again importuned the Court to allow Patterson to be examined, his Lordship, apparently anxious to give the defendant "the height of fair play," at last consented.
Upon this, Mr. WHITESIDE said -- And am I, my Lord, to examine the plaintiff?
The COURT -- I think, Mr. Whiteside, that, having admitted the thing, the defendant himself should examine the witness.
Mr. Patterson was accordingly called, and examined by the defendant. The colloquy between the parties was somewhat of a curiosity.
Defendant -- Did I ever buy a rifle from you? Not from me; but you got a rifle for which you were to pay me.
Have you any witness here to prove that? Sure Brodie is not your shopman? -- I am here myself to prove the debt.
Did you not tell me that Mr. Locke of Rachan had the rifle, and that I was at liberty to shoot with it for a day or two? -- I did say that it had been lent to Mr. Locke, but he had never fired a shot with it at the time you bought it.
What price was I to pay for it? -- £6 15s.
And your witness has sworn to-day that it was to have been £7. Well, well! Have you not the rifle now? -- No; I have never seen it from that time until this day.
There again I'm at fault -- you've a better memory than I (Laughter.) Did not Brodie offer to give it back to you? Answer upon your oath. -- He did not.
Does not Brodie say he has it? -- I have heard him swear so.
Well, then, tell the truth. (Laughter.) It's a new principle in the law of any country to allow a plaintiff to be examined. (Much laughter.)
The COURT -- He is examined at your own request.
The plaintiff was then examined by Mr. WHITESIDE as to the other items in his "bill of particulars."
When the flute was alluded to,
Defendant asked the witness -- Upon your oath, sir, what was I to pay you for the flute? -- The price agreed upon was 16s. 6d.
By the virtue of your oath, did I ever buy it from you at all? I never sold it to you. You came into my shop in a "bad state," lifted the lid of my glass case, snatched up the flute, and ran out into the street.
And that is why you lay the tawse heavy upon me how. (Laughter.) Is it worth half a guinea? -- It is.
Why, my Lord, I could buy a better for a couple of shillings. That will show you the difference between the value of goods in Ireland and in Scotland. (Laughter.)
The Court (to witness) -- Was it a keyed flute?
Witness -- It had one key, my Lord.
Defendant -- And a very bad one it was. (Roars of laughter.)
The COURT asked whether there were any other witnesses to produced, and receiving a reply in the negative, intimated to the defendant, that he was now at liberty to address the jury.
The defendant availed himself of the permission, and went over his statement about the rifle being lent to Mr. Locke of Rachan, and afterwards to himself. He averred that he had never bought it, and communicated a portion of his history to the jury -- namely, that he had resided for a period in the neighbourhood of Peebles, and had the honour of shooting with the Laird of Rachan, or at him, we forget which -- it was difficult to catch the exact word. He concluded by assuring the twelve honest men in the box that the evidence against him was "a bagatelle story altogether."
Mr. Brodie was recalled, and examined by the Judge, for the purpose of clearing up some portions of his evidence. He stated that he had been written to by the defendant, six months after he left Scotland, to return the rifle to Mr. Patterson. This was about a year after the article had been left with him. He offered the gun to Mr. Patterson, but it was refused.
Mr. WHITESIDE -- That is our case, my Lord.
The COURT, addressing the Jury, -- Gentlemen, you will please to find for the plaintiff, with costs.
Verdict accordingly.
The defendant appeared to bear his misfortune with much magnanimity.
Counsel for plaintiff -- Messrs. Whiteside and Napier. Agent -- Mr. Cramsie, Ballymoney.
This case completed the civil business of the Summer Assizes.
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COUNTY OF DOWN ASSIZES.
Among the records which came on for hearing at these Assizes, were the two of which we subjoin the following particulars:--
Mr. Joseph Hammond, woollen-draper, of Dromore, claimed £200 damages from Messrs. Samuel and Oliver Gibson, the father and uncle of his indentured apprentice, Ross Gibson, for the less of the services of said apprentice, whom, as he endeavoured to show, he had been obliged to dismiss for misconduct. The defendants were parties to the apprentice's bond. The misconduct attributed to Gibson, junior, was, that he had absented himself from his master's house at night, contrary to a clause in his indenture, and that he had taken away and lost the key of his master's shop, returning at the end of a couple of days, and exhibiting a pair of black eyes. His dismissal followed upon the latter imputed dereliction of duty. It was stated that two years of the apprenticeship remained unexpired at the time of dismissal. The indentures were proved, and evidence of the truth of the allegations above-mentioned was adduced. Mr. Whiteside, who stated the case for the defendants, interspersed his address to the jury with a few of his amusing and peculiar strokes of broad humour. The young man, Gibson, had been compelled to perform duties entirely distinct from those of the business which he had been apprenticed to learn. His master kept the Dromore Post Office, and the youth was obliged to sort and despatch letters, and to tie up mail-bags. His situation was less enviable than that of a slave in the West Indies, before the Act of Abolition; yet, merely because he had left his master's house when business was over for the day, and amused himself until between ten and eleven o'clock at night, and because he had lost an old key, and replaced it with a new one, he had been refused admittance, dismissed, and his character injured, Mr. Whiteside called several witnesses in support of his Statement. Mr. Holmes having addressed the jury, in reply to the evidence for the defendants, and Judge Perrin having briefly charged, the jury found for the defendants, with costs. The plaintiff's case was conducted by Messrs. Holmes, Nelson, and Lowry -- agent, Mr. Magill; the defendants by Messrs. Whiteside and Napier -- agent, Mr. Stevenson.
HAYES v. HAYES. -- In this action for damages compensation was sought for by the plaintiff from the defendant, his brother, for injury alleged to have been sustained by his bleach-works on the Upper Bann, near Banbridge, in consequence of alterations made in the water-course of defendant, affecting the supply of water to said works, and impeding the action of a driving wheel, by throwing "back-water" upon it. The case was heard fully at a former Assizes; and, in the present instance, was left to arbitration.
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Banner of Ulster - Friday, 22 July 1842
Births.
On the 19th instant, at Belfast, the Lady of Lieutenant-Colonel CLARK, 54th Regiment, of a son.
At Leamington, on the 16th instant, the Lady of ROBERT BATT of Purdysburn, Esq., of a daughter.
Marriages.
On the 16th instant, by the Rev. Josias Wilson, Mr. DAVID SPENCE of Linfield Mill, to Miss CATHERINE KEEGAN, both of this town.
On the 12th instant, by the Rev. George Crolly, C.C., Mr. MARTIN LEESSON of Belfast, to MARY ANN, eldest daughter of the late Mr. John Johnson.
On the 18th instant, at the Crescent, Derry, by the Rev. James Denham, the Rev. P. FINAN, Newtownlimavady, to ANNE, eldest surviving daughter of the late M. Humble, Esq., of Durham.
On the 16th instant, at St. Omer, in France, FLORENCE ANNA MARIA STAPLETON PIERS, second daughter of Sir John Bennett Piers of Tristemagh Abbey, in the county of Westmeath, Baronet, to the Count LOUIS DE KERVEGUEN, of the 8th Regiment of French Cuirassiers, son of Rear-Admiral the Count de Kerveguen of Toulon (Department du Var).
Deaths.
At his residence, Woodview, Ballyconnell, JOHN COBEAN, Esq., universally regretted by all who knew him.
At his villa, Kempstown, on Tuesday the 12th inst., Sir ROBERT WILMONT of Chaddesden, in the seventy-eighth year of his age.
On Wednesday, the 13th instant, SARAH, aged sixteen years, eldest daughter of Mr. James Friel of Derry.
Suddenly, on Wednesday se'ennight, at Woodend, near Strabane, Mrs. HUSTON, after giving birth to twins.
On the 17th instant, at her residence in Holywood, in the forty-forth year of her age, much and deservedly lamented by a numerous circle of friends and acquaintances, ELIZABETH MARY, the beloved wife of Mr. George Anderson of Holywood.
Clippings
COUNTY OF ARMAGH ASSIZES.
Armagh, Wednesday, July 20.
This day the following gentlemen were sworn on the Grand Jury, and went on with the fiscal business of the county:--
MAXWELL CLOSE, Esq., Foreman. |
James Stronge, Esq. | | | Thomas Atkinson, Esq. |
Arthur Cope, Esq. | | | Joseph Johnston, Esq. |
Marcus Synnot, Esq. | | | E. Bond, Esq. |
Thomas Seaver, Esq. | | | M. Cross, Esq. |
John Hancock, Esq. | | | George Ensor, Esq. |
B. M'Kee, Esq. | | | William Paton, Esq. |
Roger Hall, Esq. | | | W. W. Algeo, Esq. |
Henry Alexander, Esq. | | | Charles Hunt, Esq. |
John R. Irwin, Esq. | | | John Hardy, Esq. |
W. J. Armstrong, Esq. | | | John Nicholson, Esq. |
James Harden, Esq. | | | James M'Watty, Esq. |
CALENDAR:-- James M'Keown, for having in his possession papers of the Ribbon Society; Patrick Cavanagh, for belonging to an unlawful confederacy; Joseph Potts, for burglary and robbery; Bernard Moan, for vagrancy; Thomas Close and William Hampton, for having a stolen cow in their possession; James Corr, for keeping a house of ill fame; James M'Nulty, Owen Finigan, Jonathan Richardson, and Mary Bryan, for having stolen articles in their possession; John M'Sorley, for embezzlement; Michael Hanna, for stealing two lambs; Hugh Campbell, for wilful and corrupt perjury; Ann Hanlon, for deserting her infant child; and Mary Gavin, for having stolen goods in her possession.
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TYRONE ASSIZES -- OMAGH, MONDAY, July 18. -- On Friday the 15th instant, at two o'clock p.m., the Grand Jury of the county Tyrone were assembled, and sworn by Terence Doolan, Esq., Clerk of the Crown, before the High Sheriff, Joseph Goff, Esq., for transacting the fiscal business of the county. Their names are as follow:-- John Corry Moutray, Esq., foreman; William S. Richardson Brady, Robert William Lowry, jun., Samuel Galbraith, Thomas Houston, Charles Boyle, Thomas Richardson Brown, Thomas Greer, James Scott, Charles Scott, H. L. Prentice, Henry Crossle, Richard Burgess, James Anderson, George D. Cranfield, James Reed, and Alexander D. C. E. Eadie, Esqrs.
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THE LATE BARON FOSTER. -- The remains of the Late Baron Foster were removed from Cavan on Wednesday last, and brought that day to Kells, en route to Collon. On Thursday morning the funeral procession left Kells, and reached the latter place at an early hour, where they were interred in the family vault. -- Drogheda Journal.
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HOUSE OF LORDS
<snip>
IRISH POOR.
Mr. SHARMAN CRAWFORD, in rising to propose the instruction of which he had given notice, regretted exceedingly to hear the announcement of the right hon. Baronet. The Irish Poor Law was intimately connected with the subject before the House, but the Irish Poor Law differed most essentially from the English Poor Law in one respect. The English Poor Law did not prohibit out-door relief, but left it in the power of the commissioners to regulate it. The Irish Poor Law gave no power even to the commissioners of ordering out-door relief. Neither guardians, nor magistrates, nor commissioners, had the power of ordering out-of-door relief. In many parts of Ireland there were no workhouses; in many parts the workhouses were incapable of accommodating all those entitled to relief, and, under existing circumstances, when so many of the Irish poor were in a state of utter destitution, it was absolutely necessary that either the commissioners or some other persons should have the power of ordering out-door relief. An application had been made by the Cork guardians to the commissioners for liberty to order out-door relief, but the commissioners had answered that they themselves had not the power of ordering out-door relief. Some relaxation of the law was absolutely necessary. He had received several letters from different parts, stating that the people were thrown out of employment, and were in a state of starvation. In the west of Ireland the distress was so great, that the people said if they did not have food they must take it by force. Was it not his duty to try to relax the laws which so oppressed the people? The commissioners did not deny the prevalence of mortality among the children in the workhouses, but they stated that great mortality existed likewise among the peasantry. That, however, was no answer to the case. The mortality resulted from the way in which the children were managed. They were given in charge to paupers who had no interest in taking care of them -- to whom it was a trouble to take care of them -- and the consequence was, that it was impossible the attention and care requisite to prolong the lives of those poor children could be paid to them. The Poor Law Act, as at present constituted in Ireland, was a delusion. A good Poor Law ought to make the landlords responsible for the condition of the poor, but this Poor Law did not do so. It rather did evil than otherwise, since it produced an immediate desire in the landlords to expel the poor from their estates; it might, therefore, be said to have increased the distress of the country rather than have alleviated it. He thought it would not be inconsistent with the bill, to grant to the Irish commissioners the power which he contended that they ought to possess.
The House then divided, when there appeared --
For the motion, ~~~~~~~~~~~~~~~ 12
Against it, ~~~~~~~~~~~~~~~~~~ 112
Majority against the motion,~~~~~ 100
Mr. FIELDEN moved four resolutions, having for their object the delay of the further progress of the Poor Law Amendment Bill, until it should be ascertained, by inquiry of the House, whether the former Poor Law Amendment had produced that rise of wages, and that peace and contentment among the labouring poor of England, which were contemplated by its promoters.
Some discussion, and a division, ensued; after which the House resolved itself into a committee.
The preamble of the bill was agreed to, and the report was ordered to be received to-morrow.
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MELANCHOLY AND FATAL ACCIDENT. -- A melancholy accident, attended with fatal consequences, occurred to Mrs. Stephenson of Callan, while driving in a carriage with the Rev. Mr. Stephenson, near Callan, on Wednesday last. The carriage was upset while passing a car, and the unfortunate lady was dashed with great violence from the vehicle, which caused a concussion of the brain, of which, we regret to say, she died last night. -- Tipperary Constitution.
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EIGHTY-NINTH REGIMENT. -- MARK OF RESPECT. -- Mr. John Kelly, late Sergeant-Major of the 89th Regiment, was presented, a few days ago, at Naas, with a beautiful tea service, by the officers of that corps, as a mark of their estimation of his conduct, during a service of thirty-five years. After the presentation, a highly flattering address was delivered to the Sergeant-Major- by the Commanding-officer, the depot having been formed in square; which was replied to by him in very suitable terms. The Sergeant-Major has received for his services a silver medal, £15, and a good pension.
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KING'S COUNTY ASSIZES. -- MURDER. -- SENTENCE OF DEATH. -- TULLAMORE, July 16. -- This day the court was occupied with the trial of Walter Wheelahan, for the barbarous and inhuman murder of his wife, Mary Wheelahan, on the 31st May last, at Killen, near Durrow. The facts of 1he case are briefly these:-- Walter Wheelahan had been married to the deceased but a few years, and lately treated her with gross neglect and harshness. They were both connected with comfortable families living in the neighbourhood. The husband, it is supposed, formed a guilty passion for another woman; and, at last, hated his wife, who was most affectionate to him, charitable, and industrious. About the 3d of June the brothers of the deceased missed her from her house, and, on making inquiry of her husband, he said that, as they could not live happily together, he gave her £17, and she agreed to go off to America and had left home for that purpose. He further produced a letter, which he said was in her hand-writing, which the brothers stated to be a forgery, and his manner was so confused that they decided upon having him taken into custody. Search was made for the body of their sister, which was found in a fallow field near the husband's house, which he had ploughed over the day after the murder. Marks of blood were found in his bed-room, and violence on her person, which enabled medical men to depose that she died from strangulation. The jury returned a verdict of guilty, and the culprit has just been sentenced to be executed. The vast crowd assembled in and around the court-house were evidently well pleased with the result of the trial.
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Local Intelligence.
THE MUNICIPAL CORPORATION ACT. -- BELFAST. -- The office of Sovereign of Belfast is now extinct, the Municipal Corporation Act having partially come into operation in this town. The High Sheriff for the County of Antrim will act as returning officer at the next borough election.
-- -- -- -- -- -- --
PRESBYTERIAN CHURCH, BALLYGAWLEY. -- On Monday the 18th instant, the Rev. John Steele Dickson, a licentiate of the Belfast Presbytery, was unanimously chosen minister of the Presbyterian Church, Ballygawley.
-- -- -- -- -- -- --
TESTIMONIAL TO MR THOMAS MACKIE, ARMAGH. -- On the 18th inst., a number of the friends of Mr. Thomas Mackie, of Armagh, presented him with a handsome and valuable tea-service, accompanied by a highly complimentary address, on the occasion of his removal to Monaghan, whither he has been called, to fill a responsible situation in the Provincial Bank. Mr. Mackie was entertained at supper on the evening of the same day -- William Paton, Esq., occupying the chair, and S. Gardner, Esq., fulfilling the duties of Vice-President.
-- -- -- -- -- -- --
SUDDEN DEATH. -- On Monday last, while Mr. Parsons (who had been stopping at Bundoran for some time) was in the act of putting on his stockings, he dropped off his chair, and instantly expired. He was a gentleman much respected and esteemed by all who knew him. He was a native of Ballinamore, county Leitrim, but in early life he had gone to France, where he had got married, and acquired immense wealth; having, however, lost his health, he came to his native country for change of air, leaving his wife and family on his property in France, whither he was preparing to return. -- Ballyshannon Herald.
-- -- -- -- -- -- --
EXTENSIVE EMIGRATION TO THE UNITED STATES AND BRITISH AMERICA. -- From an advertisement in another column, we perceive that Messrs. J. & W. Robinson have despatched from this port, during the last six months, sixty-five splendid packet and other ships, conveying about sixteen thousand emigrants, principally respectable mechanics from the manufacturing districts, So large a number of ships, we understand, have never before been despatched by one firm in so short a time; and we should think, from the rapidity with which they succeeded each other, that the passengers by them have altogether escaped from that much and justly complained of evil, "detention in Liverpool." We notice that Messrs. J. & W. R.'s arrangements for this month include some splendid packet and transient ships for New York, Boston, Quebec, &c. -- Liverpool Chronicle.
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On Friday, the left wing of Hermitage, the seat of Francis Spaight, Esq,, of Limerick, was burnt down. The rest of the building very narrowly escaped. The
loss amounts to £1,000.
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WORTHY OF IMITATION. -- The journeymen bakers of Cork have agreed to petition Parliament for the abolition of night work, which they allege seldom allows
one of their trade to live beyond forty years.
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THE MARQUIS OF DOWNSHIRE. -- This nobleman has given instructions to Mr. Reilly, his agent, to employ 1,200 persons in improvements in the neighbourhood of Hillsborough, the present depression in the linen trade having deprived large numbers of the poorer tenantry on his estate of employment.
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COUNTY TYRONE ASSIZES. -- On Friday the 15th instant, the following Grand Jury were sworn, at Omagh, by T. T. Dolan, Esq., Clerk of the Crown:-- J. C. Moutray, Esq., Foreman; W. S. R. Brady, R. W. Lowry jun., S. Galbraith, C. Boyle, T. Houston, T. R. Brown. T. Greer, J. Scott, C. Scott, R. Burgess, H. L. Prentice, H. Crosslie, G. D. Cranfield, J. Anderson, J. Reed, and A. C. D. E. Eadie, Esqrs. There are about thirty cases on the calendar for trial. The only case of interest is that of a female charged with shooting at a priest.
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Shipping Intelligence
DEPARTURES OF STEAMERS.
For Liverpool, the Falcon, Gowan, to-morrow, 23d July, at eight o'clock, evening.
For Liverpool, the Athlone, Davies, on Tuesday, 26th July, at twelve, noon.
For Stranraer, the Maid of Galloway, Haswell, on Tuesday, 26th July, at twelve, noon.
For Whitehaven, the Countess of Lonsdale, Lamb, on Wednesday, 27th July, at eleven o'clock, evening.
A steam-ship sails for London (calling at Dublin, Falmouth, and Plymouth), on Monday, July 25, at twelve o'clock, noon.
For Dublin, the Birmingham, Church, on Wednesday, July 27th, at twelve o'clock, noon.
For Greenock and Glasgow, the Tartar, Stewart, this evening, at eight o'clock.
For Greenock and Glasgow, the Aurora, Anderson, on Monday, July 25, at ten o'clock, night.
For Carlisle, the Antelope, Macpherson, on Tuesday, July 26th, at ten o'clock, night.
For Liverpool, calling at Strangford, the Warrington, from Killileagh, &c., on Monday, July 25, at four o'clock, afternoon.
ARRIVALS OUTWARDS.
The ship Dumfriesshire, of Belfast, Gowan, hence at Quebec, with goods and passengers, 26th ultimo.
The brig Carrywell of Belfast, Buchanan, hence at St. John, N.B., with passengers, 30th ultimo.
The brig Cordelia of Belfast, M'Millan, hence at St. John, N.B., with passengers, 16th ultimo.
The Xenophon, of Newcastle, Rochester, hence at Quebec, with passengers, 22d ultimo.
The barque Marys, Newham, hence at Quebec, with passengers, 27th ultimo.
The Lady Milton, Sinnot, from Derry at St. John, N.B., with passengers, 24th ultimo.
The Maria, Doran, from Derry, at St. John, N.B., with passengers, 26th ultimo; and was entered for loading for the same port, 3d instant.
The Britannia, M'Bean, from Derry, at New York, with passengers, 22d ultimo.
The Lady Colebrooke, M'Clear, from Derry, at New York, with passengers, 27th ultimo.
The brig Sea-Nymph of Belfast, Colgin, from Liverpool at Port-au-Prince.
The brig Horatio, of Belfast, Hamill, from Liverpool at Malta, 2d instant.
The ship Orient, of Belfast, Lenty, at Quebec from New York, 14th ultimo.
The ship Standard of Larne, Montgomery, arrived at Quebec, 23d ultimo, crew and passengers all well.
The Caroline, Kirkpatrick, from Ballyshannon, at St. John, N.B., with passengers, 26th ultimo.
The following vessels have arrived at New York from Liverpool:-- Carroll of Carollton, Independence, Isabella, Adirondack, Fairfield, Tarolinta, Jane Augusta, Cornelia, Oseola, Henry Bliss, Importer, Europe, Elizabeth Denison, Olive Branch, Great Britain, Virginia, Glenview of Belfast, Birmingham.
ARRIVALS INWARDS.
Arrived on Tuesday, the Southampton, Flint, from St. John, N.B., with a cargo of deals.
SAILINGS OUTWARDS.
Sailed from Gravesend, 17th instant, the Childe Harold, for Bombay. [The General Assembly's Missionaries to India are passengers in this vessel.]
Sailed from Liverpool, 17th instant, the Martha of Belfast, for Genoa.
Sailed from Liverpool, 17th instant, the Richmond, for Barbadoes.
The Medway, Royal West India mail steamer, Smith, sailed from Southampton, for the West Indies, 16th instant.
The barque Robert A. Parke of Belfast, Heron, is on berth at Liverpool, for Malta.
SAILINGS INWARDS.
The Shepherdess, Turner, from St. Petersburgh to Belfast, at Elsinore, 11th instant.
CLEARED.
The barque Helen, Mearns, cleared at Quebec, for Strangford, 27th ultimo.
The brig Souris of Belfast, Maxwell, cleared at Quebec for Dublin, 18th ultimo.
The ship Lord Beaton, of Belfast, Fitzsimons, cleared at New Orleans, for Liverpool, 19th ultimo.
The brig Conservative of Belfast, Carey, cleared at Quebec for this port, 18th ultimo.
The barque Rosebank of Belfast, Montgomery, cleared at Quebec, for this port, 20th ultimo.
ENTERED FOR LOADING.
The Havannah was entered for loading at Quebec, for this port, 26th ultimo.
The ship Arabian, Rainey, was entered for loading at Quebec, for this port, 18th ultimo.
The barque Sarah Stewart of Belfast, Low, was entered for loading at Quebec, for this port, 16th ultimo.
The ship Josepha of Belfast, Leitch, was entered for loading, at Quebec, for this port, 17th ultimo.
SPOKEN.
The Exile, from Belfast to Quebec, on the 2d Instant, lat. 48, long. 43, by the Reform, arrived at Sunderland.
The Hibernia, bound to Wexford, on the 8th instant, lat. 47, long. 30, by the Susan Drew, arrived at Liverpool.
The Rover of Sunderland, out nine days, by the British Queen, arrived at Cork.
The Troubadour, for Quebec, on the 29th ult., lat. 45, long. 46, by the Ariel, at Limerick.
The ship Independence of Belfast, M'Cappin, hence to Quebec, was spoken, 23d ultimo, twenty-three days out; all well -- within three days' sail of her destination -- is since reported as arrived safe.
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CASUALTIES.
The brig Waringsford of Belfast, Captain Hayes, hence to Demerara, put back on Thursday in distress, but has since sailed again.
On the night of the 12th instant, the yawl Eliza Jane of Ballyhalbert was upset about five miles outside the South Light, and it is feared two of her crew are drowned.
The Sophia, M'Kee, of Bangor, coal laden, perished off the Point of Ayr on Thursday, the 7th instant, in a squall, with all hands on board.
HELIGOLAND, July 13. -- The hull of a vessel of about 120 to 160 tons, bottom up, apparently schooner-rigged and British-built, has been fallen in with and towed in here. Nine thousand staves, some of which are marked "FF.G.H.P.," and with a star, have been landed; there is also a quantity of flax or hemp on board.
NEW YORK, June 29. -- The Dundee, from St. Thomas to Maracaibo, was wrecked on Paragona, on the 8th ultimo.
QUEBEC, June 30. -- The Pomona, which sailed hence on the 17th instant, for Leith, put back next day, with damage, having been in contact with the Onyx, arrived here. The Aurelian, arrived here, has on board the crew of the Edward, abandoned at sea. The Marquis of Wellesley and the Iodine fell in with the Ardgowan, of Wigtown, abandoned and full of water (reported to have been abandoned on the 9th of May, and the crew brought in here by the James Harris, from London), she being at the time in the track of vessels bound to North America. They scuttled her; for the safety of other vessels. A boat, belonging to the William Walker, from Gloucester to this port, which foundered on the 7th of April last, was picked up by the Iodine, in lat. 49 10 N., long. 15 W. The crew of the William Walker arrived at St. John, N.B., on the 18th of May.
DOVER, July 17. -- A French brig is reported to have been run down a few days since, and all hands lost, by a barque, name unknown. The brig is supposed to be the Lartilleur, of and from Dieppe, from Stockholm.
LOOE, July 16. -- The Dart, from Plymouth, for Falmouth, sprang a leak at sea, and sank in eleven fathoms water, S.S.E. of this island, and one and-a-half mile from the Ranney Rocks; her topmast is to be seen above water; crew saved.
CLIFDEN, July 12. -- A North American built vessel, about 400 tons, nearly new, copper-fastened, and laden with American oak staves, drifted on Baffin Island 8th instant, bottom up.
QUEBEC, June 21. -- The Courier, from Montreal for Liverpool, is on shore at Metis, with eight feet water in her hold.
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NOTICE TO MARINERS. -- SWEDISH LIGHTS. -- LIGHT ON HULL POINT. -- An open coal fire on a hill adjacent to the present lighthouse, will be substituted for this light, till a new tower will be constructed, on which will be shown fixed lights from lamps.
FALSTERBO LIGHT. -- A temporary light from a large lantern will be shown from the lighthouse on Falsterbo Point, till the requisite alterations are completed for substituting a fixed light from lamps for the coal fire hitherto in use at this lighthouse. The temporary light will be much less conspicuous than the former coal fire, but it is expected that the new light will be shown in July, 1843. A new tower, with a revolving light, is to be erected at Mombes Tange, four miles to the northward of Falkenburg, in the Cattegat.
A new lighthouse, 240 feet above the level of the sea, and to be seen at a distance of twenty-four miles, has been erected east of Moro Castle, at St. Jago de Cuba.
NEW CODE OF SIGNALS. -- ADMIRALTY, July, 1842. -- I am commanded by my Lords Commissioners of the Admiralty to acquaint you, for the information of the committee managing Lloyd's affairs that they have permitted "Rhodes' Universal Signals" to be supplied to all her Majesty's ships and vessels, for the convenience of the mercantile community. -- I am, Sir, your most obedient servant, SIDNEY HERBERT. W. Dobson, Esq., Lloyd's.
TONNAGE OF IRISH PORTS IN 1841. -- For Baltimore the tonnage of vessels amounts to 2,729; Belfast, 49,620; Coleraine, 1,089; Cork, 33,443; Drogheda, 4,850; Dublin, 30,305; Dundalk, 1,265; Galway, 2,632; Limerick, 13,800; Londonderry, 7,708; Newry, 10,755; Ross, 1,883; Sligo, 4,356; Waterford, 20,459; Westport, 60; Wexford, 8,756.
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The Navy.
CHATHAM, July 15. -- The Virago second class steamer will be launched from this yard on Monday the 25th instant, about half-past one o'clock; and the Goliath, 80, the same day about two o'clock. The principal dimensions of the Goliath are as follow:-- Length on gun deck, 190 feet; breadth extreme, 56 feet 9 inches; breadth for tonnage, 56 feet 3 inches; breadth moulded, 55 feet 3 inches; depth in hold, 23 feet 4 inches; burthen in tons, 2,589. Her armament will be -- on lower deck eight guns of 8 inches bore, weight 65 cwts., length 9 feet; twenty 32-pounders of 55 cwt., length 9 feel 6 inches. Upper deck -- four of eight inches bore, weight 65 cwt., length 9 feet; twenty-four 32-pounders of 50 cwt., length 9 feet. Quarter-deck and forecastle -- twenty-four 32-pounders, 41 cwt., length 8 feet.
WOOLWICH, July 17. -- Orders were received at Woolwich during the past week to build a war steamer, of very large dimensions, to be named the Dragon. The order has been countermanded so far as regards her being built at Woolwich, but she will be immediately commenced at Sheerness or Chatham, most probably at the latter port. Some idea may be formed of the stupendous magnitude of this vessel, when it is stated that her engines are to be of the immense power of 800 horses. The Devastation and other first-lass steamers at present in the service have only engines of 400 horse power.
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NOVEL WAGER. -- Yesterday, a person named Wm. Fullerton, employed in discharging colliers at our quays, undertook, for a bet of £1, to walk to Holywood (a distance of four miles), in an hour and a-half, carrying on his back 1¼ cwt. of coals. The ground, was gone over in an hour and twenty minutes, thus leaving ten minutes to spare. The first mile was done in eleven minutes.
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CONVICTION OF BALLYMACARRETT RIOTERS. -- On Friday last, Samuel Rankin, Samuel Fulton, Wm. Gallagher, Alex. M'Mullan, James Magee, Robert Macartney, Edward Sparks, and Samuel Gelston, were summarily convicted of assaults upon Michael Phillips, Thomas and Ann Smith, and Patrick Marmion, at Ballymacarrett, on the 12th of July, and mulcted in a fine of £5 each -- two months' imprisonment in default of payment. The offenders formed part of a large mob who perambulated Ballymacarrett, Beers'-bridge, and the neighbourhood, on the anniversary in question, bearing an orange arch,, and compelling all whom they met to pass under it. In this way they treated a number of the persons working in the different flax-spinning mills; and more than one of those who refused to submit to the test were severely beaten.
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THE WAR IN AFGHANISTAN.
No. II.
At two A.M., on the morning of the 5th April, 1839, we entered the Great Bolan Pass, accompanied by those two distinguished infantry regiments, the 2d or Queen's Royal Regiment, and her Majesty's 17th. We were now all ordered to hold ourselves in readiness, for a contemplated attack on the Beloochees; who as yet had remained partially passive, yet of whose pilfering and murdering propensities we had so many ocular proofs. We moved off a short time afterwards; the detachment of her Majesty's 4th Light Dragoons leading, followed by the 2d or Queen's Royals, and her Majesty's 17th. The day was hot and sultry, not a breath of air was stirring, and
"The camels' brousing bells were tinkling."
Ere we had proceeded far, both men and horses became exceedingly thirsty. A spring was descried in the distance, and, from a natural instinct in the poor animals, they dashed forward for it to allay their thirst, quite heedless of all control the dragoons attempted to impose on them. The officers looked upon it as a breach or infringement of military discipline, and Sir Keith A. Jackson, Bart, in particular, on the occasion, displaced much angry feeling. The occurrence did not warrant it. He afterwards discovered the cause of the temporary confusion, and was sorry he had used such indignant language to the brave fellows, whose high sense of military discipline and subordination were co-equal with that of the worthy Baronet.
The cause of our confusion must have been obvious to the Beloochees, for they immediately commenced descending the ravines, armed with their matchlocks; preparatory for an attack, we viewed them with mingled pride and contempt. The Adjutant General fired the first hostile shot upon the foe, but the ball did not carry his good wishes along with it. They did not allow him long to remain in suspense as to their intentions; a sharp desultory fire was immediately returned, which had the effect of killing a Light Cavalry-man's horse. The infantry had not yet come up, and her Majesty's 4th Light Dragoons' carbines were, in this instance, totally useless. The Beloochees seemed aware of this, for they kept out of range of the few that went off, and continued annoying us with their fire. The nature of the ground afforded every facility to the foe, and deterred us from "charging home" upon them. We were now anxious for the arrival of the infantry, to scour the heights from the annoyance with which we were assailed. It was about this time (April 17th) that we discovered, to our great joy, a large quantity of grain concealed in a ravine, which the foe had taken from the Bengal army a few days previous; and, whilst we were in the act of securing it, a sharp galling fire was kept up upon the dragoons. The Brigade Major Gillespie (son of the gallant General, whose high military renown in India, and the isles adjacent, is so well known), accompanied by Lieutenant Coles, her Majesty's 4th Dragoons, and twenty of the troopers, made a gallant charge after them, but the ground offered every difficulty, and it was discovered to be a useless expenditure of labour to continue the pursuit. In this skirmish the 4th Light Dragoons lost -- two horses killed, and there was one corporal wounded. It was eight P.m. ere the party returned to camp.
I know of no pass, opposing such fearful resistance to an invading army, as the Bolan. On either side, high and frightful cliffs overhang, where in his native wild, the Beloochee may crouch and level his matchlock frequently, with murderous precision, on his helpless foe. Debouching from the pass, you enter a bleak and sterile country, covered with a species of lichen and brushwood. Grass, of any description is seldom seen, and the horses quiver under their riders, either from weakness or sensitiveness of irremediable want. Poor animals, many of them were obliged to be shot, from inanition, and consequent exhaustion, being totally incapable of further prosecuting the fatigues of the march. Several of the dragoons purchased grass for them, out of their mite of pay. The commissary must have known this well -- the commanding officer knew it, yet they did not remunerate the soldier, but laughed, I dare say, at such a rare system of economy, that was pursued, in providing forage for the Government horses.
Continuing our route onward, we arrived at Syriad on the 18th of April, where we halted a day. Here forage was found very plentiful, but the same odious sight as was beheld in the pass now burst upon us. Dead mangled human bodies were strewn along the road, lying in confusion, just as they had fallen by the hand of some murdering Beloochee.
We now proceeded for Quetta, where we arrived on the 20th. Sickness, prevailed here, and two of the dragoons died. A depot was consequently soon formed for the sick, who began to be very numerous. They were left under charge of Lieutenant Reynolds of the 2d or Queen's Royal Regiment of Foot, a gentleman of mild, unassuming manners, who fell a victim afterwards to his burning zeal for the service, and who was left to drag out his wearied existence in ignoble apathy, through the caprice of a magnate, who, failing to have him cashiered by sentence of a court martial, thus crushed his hopes, and ultimately caused him to pine away in languishing idleness, till death grasped him as one of its victims.
"And thou, my friend! since unavailing woe
Bursts from my heart, and mingles with the strain --
Had the sword laid thee with the mighty low,
Pride might forbid ev'n friendship to complain;
But thus unlaureled, to descend in vain,
By all forgotten, save the lonely breast,
And mix unbleeding with the boasted slain,
While glory crowns so many a meaner crest!
What hadst thou done to sink so peaceably to rest?"
BYRON.
I know of no situation in which a young gentleman could be placed, panting for military fame and distinction, that is more likely to break down his constitution, through constant action on the mind, and eventually consign him to his grave, than to be placed under arrest for some imaginary crime, at the suggestion of some secret influential foe, the counts being grouped and wound up with the sing-song impeachment, the whole being subversive of good order and military discipline! -- and, when the gratuitous evidences have been sifted -- (for there are those who will give evidence to gain an approving smile from the magnate) -- when the foulness of the charges have been wiped away -- when the sword of the youth is returned untarnished, with the opinion of the Court echoed through the mouth of the President, that he receives it, without a single stain on his character, as an officer and a gentleman -- I say I know of no situation more humiliating than when that young gentleman ascertains that he has become obnoxious to the magnate, and that his every action is secretly transmitted to the orderly room. It would be wise, it would be politic, that the whole military code should undergo a revision, and that the whole of the proceedings should be subjected to a law officer, and not to the approval and sanction of a military officer, who in nine cases out of ten is not capable of exploring with legal exactness the merits of the case.
Yours, very truly,
EPSILON.
Belfast, June, 1842,
(To be continued.)
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Banner of Ulster - Tuesday, 26 July 1842
Birth
On Thursday the 21st inst., at No. 2, Donegall Square West, the lady of CHARLES LANYON, Esq., of a Son.
Marriages
On the 14th inst, in St. Mary's Church, Newry, by the Rev. Dr. Campbell, MATTHEW CARSWELL, Esq., to ANNE, only daughter of Isaac Smyth, Esq., Derramore.
On the 14th inst., by the Rev. Richard Dill, of Ballykelly, Mr. WILLIAM PATCHELL, of Walworth, to ISABELLA, daughter of the late Mr. D. M'Farland of Drumacony.
On the 15th inst., by the Rev. Josias Wilson, Mr. JOHN FERGUSON, of Grace Street, to Miss EMILY CINNAMOND, of Academy Street.
At 43, Lauriston Place, Edinburgh, on the 18th inst, by the Rev. Dr. Clason, the Rev. CHARLES NAIRNE, minister of Adelaide Road Church, Dublin, to JESSIE, daughter of the late Thomas Kincaid, Esq., Merchant, Leith.
On the 21st inst., by the Rev. George Crolly, C.C., Mr. JAMES DOWLING of Belfast, to CATHERINE, third daughter of the late Mr. Richard M'Laughlin, Coleraine.
On the 21st inst., in St. Anne's Church, by the Rev. Richard Oulton, JAMES GODFREY SIMPSON, Esq., of Belfast, to ELIZA, eldest daughter of James M'Donagh, Esq., of Drumville House, county Down. The bride was given away by her uncle, Samuel Nelson, Esq., of this town.
Deaths
July 13, of typhus fever, at the residence of Mr. John Hayes, Harrington Street, Dublin, Mr. GEORGE ROBINSON, Preacher, in the Primitive Wesleyan Methodist Connexion, in the thirty-second year of his age.
On the 13th inst, at Essex Quay, Dublin, after a long illness, CATHERINE SOPHIA, youngest daughter of the late John Mease, Esq., Strabane.
On the 15th inst., at Bartley's Grove, near Ballibay, after a few hours' illness, JOHN C. DALZELL, in the twentieth year of his age, a distinguished student of Belfast College.
On the 17th inst, at the house of his nephew, Jonathan Adair Phillips, Barrister-at-Law, Dublin, ADAIR BLACKWELL, Esq., aged seventy-three, Inspector-General of Army Hospitals.
Clippings
Domestic Intelligence.
Scotland.
The number of emigrants to Canada, from the island of Harris alone, during the present month, amount to nearly 1,000 individuals. They are driven from their homes, partly through the system of large farms adopted by the Scotch proprietors, but which does not yield a larger income. It is tolerably evident that, if the interests of this class of emigrants had been studied, they would not have been sent off at this late period of the season.
Ireland.
Lieutenant-General Sir James Macdonnell, K.C.B., is appointed to the Colonelcy of the 79th Foot, vice Lieut.-General the Hon. John Ramsay, deceased.
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It is understood that the Treasury have refused advancing to the Corporation of Dublin the fifteen thousand pounds applied for as a loan on the city property. Government make advances only for public works, but never pay off creditors.
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LOSS OF LIFE AT GLENTIES. -- On Thursday last, a workman at Glenties workhouse took off the bonnet of his neighbour, and threw it into the lime-kiln. The owner went in to recover it; but, not making his appearance, one of his friends descended to see what detained him, and afterwards another, and another, till four had disappeared. The fears of the rest were excited; they succeeded in rescuing the last who had descended from the fate which had overtaken the other three. Death was caused by inhaling the carbonic acid gas which had collected in the bottom of the kiln. -- Derry Journal.
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TYRONE ASSIZES. -- At these Assizes, which commenced on yesterday week, Catherine Wiseman was charged with firing at the Rev. Dominick M'Cormick, a Roman Catholic priest. The prosecutor, however, did not appear, and his recognizances were, in consequence, estreated. There was no other case of any importance on the calendar.
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SUDDEN DEATH IN DERRY. -- An English hardware merchant, named Paton, took suddenly ill in the shop of Mr. Little, Richmond Street, Derry, on Friday, and expired in a few minutes. His death is attributed to a fit of apoplexy.
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Staff Assistant-Surgeon Greer, son of Mr. A. Greer of Omagh, was drowned on the 8th June, at Barbadoes. Assistant-Surgeon Mackintosh, of the 33d, and three boatmen, were involved in the same calamity.
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BOY DROWNED IN THE LAGAN. -- On Saturday last, a young lad named Edward Best, in attempting to cross the river, near the coffer-dam of the new bridge, to evade the toll charged on the temporary footway, was swept away by the current, and drowned before assistance could reach him.
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FATAL OCCURANCE. -- A well-conducted young man, named James M'Mahon, employed as a labourer in the Belfast Distillery, was crushed to death on Friday afternoon, by the accidental falling of a worm tub. The deceased has left a young wife and an infant child.
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COUNTY OF ARMAGH ASSIZES.
CROWN COURT.
BEFORE THE HON. JUSTICE CRAMPTON.
Thursday, July 21.
At ten o'clock the Hon. Justice Crampton entered this Court, accompanied by the High-Sheriff. The Royal Commission was read by the Clerk of the Crown. The Grand Jury were then resworn, after which his Lordship addressed them in nearly the following words:--
Mr. Foreman and Gentlemen of the Grand Jury, -- I have in my hand an abstract of your calendar we the present Assizes, and I am happy to remark the very great contrast which it presents to that which was before me at the last Assizes. The number of cases for your consideration is very small indeed, and I am happy to say that, with a few exceptions, the offences charged are of an ordinary kind, and none of them have any connexion with the public disturbance; your labours will, therefore, be very light. I am happy to say that the number of prisoners which can be added to those already in jail will be but small, but there are a considerable number there already; and I am sorry to say that the jail is in a very unfit state, indeed, for prisoners, whether tried or untried. The accommodation is so scanty and so bad, that, even in its present state, there are always two, and frequently three, in one bed; and there are now not less than six persons in some of the cells. This is inconsistent with the prisoners' health, and most disgraceful; and, as I did on former occasions, I would now ask you to take the matter into your very serious consideration, and see whether something cannot be done, either by a new jail, or by some addition to the old one. Some alteration should be made, even on the common ground of humanity. As to classification of prisoners, which is most essential to their moral improvement, it is out of the question in the present state of the jail. I trust you will, therefore, try what can be done. Gentlemen, all your fiscal business is, I believe, completed; and I will now proceed to take your presentments.
His LORDSHIP then proceeded to fiat the presentments. There was no discussion during the consideration of them. When they were concluded, the following Petit Jury were sworn and the trials immediately proceeded with:--
PETIT JURY:-- Messrs. William Christian, John Corrigan, James Stanley, Robert Gilmore, James Waugh, Thomas Craig, John Hyde Cardwell, John Corry, Thomas Sinclair, Patrick Cavanagh, Richard Lindsay, and John M'Watters.
Mary Bryans was indicted for stealing part of a green cambric web, on 23d May last, at Kinarey, the property of Sarah Anderson. Guilty; twelve months' imprisonment at hard labour.
Joseph Potts, for burglariously entering the house of Eliza Bradford, at Clounagh, near Portadown, on 25th March last, and feloniously robbing her of a variety of articles.
Eliza Bradford, examined by Sir T. STAPLES. -- Lived at the time the goods were stolen at Clounagh; the house was her own; is not married; no one slept in the house with her; had a servant named Ann Dowey; she slept under the same roof with her, but there was a partition wall between them; in the course of the night she was awakened by a man who had a candle within half a yard of her, searching a large trunk; when she awoke she imagined that she was in the sweets of a dream, but soon -- alas! too soon -- she found it was a dreadful reality; immediately bounced out of bed and seized the culprit, and struggled with him for about twenty minutes, until he left the house; remembers his dress well; he had on a dark long coat, drab trousers, and a similarly coloured cap; identifies the prisoner as the man; after he left the house, she found that several articles were gone -- among others a pair of shoes belonging to Anne Dowey, a blue cloak and a bonnet of her own, and a quantity of books; saw some of the property in the police barracks on the Thursday after; saw the blue cloak, straw bonnet, tin can, and some books there; the different articles were produced; they are all her property; this book called the "Week's Preparation" was in the window; "Goldsmith's Geography" was in her house, and also the "Pilgrim's Progress;" the bonnet produced is hers, but it is greatly changed for the worse; found a chisel and a piece of iron at the back of the house, where there was a window, window-case, shutter, and all taken out; had left it on the previous flight safely closed and fastened; the back door had also been opened; during the straggle with him, the man put his hand to it, and it opened; was greatly hurt; the man beat her; shouted "Anne, Anne!" but the girl did not come till the man went away, but believes he thought proper to come tack afterwards, but she did not see him; never knew the man before.
Anne Dowey, examined by Mr. HANNA. -- Lived with Miss Bradford near Portadown; was her servant, and had lived with her five years; always slept in an adjoining house, but it was under the same roof; was awakened by a noise like a voice; thought at first it was on the road; got out of bed and went to the window;' heard some voice calling "Anne," and thought it was Miss Bradford's; went to the back door, and tried to open it, but it was closed outside; she had herself locked it inside; the closing in the outside must have been done by some person after she went to bed; she used a great deal of force, and thrust the door open; when she got out, the first person she saw was Miss Bradford, who was in her night-dress; she appeared greatly confused; they went into Miss Bradford's house together, and she (the witness) commenced searching to see what injury was done; found the back window entirely out; the moon was shining very brightly; looked for some candles in Miss Bradford's house, but could get none; she went into her own house, and got one, lit it, and brought it into Miss Bradford's; she went into her own house to put some covering on her, as she had nothing but her night-dress then; she then saw a man running out of the house; did not know the man.
DEFENCE.
Elizabeth Graham, a young girl, deposed to the fact that she lived in Potts's house, and that on Good Friday night, which was the 25th March last, she was in the house; her aunt was unwell; sat up with her the whole night; there was only one bed in the house, and Potts slept in it the entire night, and did not leave it till the next morning.
Ann Jane Getgood corroborated the evidence given by the little girl, as to the fact that Potts had slept in the house all night, and could not have gone out without her seeing him.
In answer to a question from Judge CRAMPTON, she stated that she was no relation to the prisoner, but that she had borne him two children; was never married to him.
Judge CRAMPTON charged the jury, who, after a short consultation, returned a verdict of guilty.
His Lordship sentenced the prisoner to ten years' transportation.
Mary Garvin, for stealing several articles of wearing apparel from the Newry workhouse, on the 2d of May last. The goods were set out in the indictment as the property of Thomas Seaver, Esq., and other Guardians of the Union.
Justice CRAMPTON said it was impossible to sustain the indictment on the evidence, and directed the jury to acquit the prisoner, which they did, and the prisoner was discharged.
Michael Hymna (an old man, ninety years of age) was next brought forward, and indicted for stealing two lambs, in July last, the property of James Hanratty.
The prisoner pleaded guilty. Ten months' imprisonment at hard labour.
Jonathan Richardson and Deborah Wilson, for stealing a quantity of potatoes, on 23d June last, at Derryane, the property of Christopher Wilkinson.
The jury acquitted both of the prisoners.
John Casey (a youth twenty years of age, and stone blind) was indicted for stealing 18s. 6d. and a pair of shoes and socks, the property of Edw. M'Donnell, on 8th July, at Shean, near Forkhill. Guilty; eighteen months' imprisonment, at hard labour.
Francis Bell was then put to the bar, and indicted for a felonious assault, on the person of Eliza Cupples, on 28th March last, with intent to commit the offence of rape; also for common assault. No prosecution.
The prisoner was discharged.
Hugh Hanlon, for stealing three ducks, on 14th July, at Mountnorris, the property of Terence Clark. Pleaded guilty; to be confined in jail for three months, and kept to hard labour.
Owen Finnigan, for stealing a quantity of potatoes, on 26th June last, at Middleton, the property of Christopher Hughes. Guilty; four months' imprisonment at hard labour.
Thomas Close and Wm. Hampton, for stealing a cow, on 16th June last, at Tandragee, the property of the Rev. Edward Lindsay Ellwood.
Rev. E. L. Ellwood, examined -- Lives in Tandragee, in this county; on the night of the 15th of June last, he lost a cow; she was grazing in a field near the town of Tandragee; she was missed on Thursday morning; the 16th of June; saw her the day after, at Lurgan, with the police; she had been taken on suspicion; is perfectly sure that the cow he saw with the sergeant of the police was his property; does not know either of the prisoners.
Henry Halliday, examined. -- Pat Mr. Ellwood's cow into his grazing field, near Tandragee; it was about seven o'clock in the evening; he fastened the gate, and left the cow there.
John M'Cann, examined. -- Lives in Lurgan; saw the two prisoners on the 16th of June; about six o'clock in the morning, the prisoner Hampton came to his house, and asked him could he give him a place to keep the cow in; told him he could; Hampton then drove the cow into the yard, and shortly after she commenced routing; thought the cow looked rather wild; asked Hampton who owned the cow, and he said that the owner was down the street; there was a boy with him, and he sent him for Close, who shortly after came; charged him with having stolen the cow, and advised him to go and bring it to the gentleman whom he took it from; they then left the yard, bringing the cow with them; watched where they brought the cow, and they took it to neighbour's place, Mr. Greer's; witness went in to the ostler, and told him to have an eye to the cow, as he suspected it was stolen; the police arrested the prisoners and the cow about eleven o'clock.
Head-Constable Guthrie proved arresting the prisoners with the cow, which was afterwards claimed by Mr. Ellwood as his property.
Hampton was acquitted; Close -- guilty: ten years' transportation.
Bernard Moan was presented by the Grand Jury as being a vagrant, having no fixed place of residence, or any way of gaining a livelihood. The jury found for the presentment, finding the prisoner guilty. Sentence -- To find security to keep the peace in the course of two months; if not, to be then transported for seven years.
James Corr, for keeping a house of ill fame, in Thomas Street, in the city of Armagh.
The jury acquitted the prisoner.
Arthur Hamill was indicted for that one William Cordner, on the 5th November, 1841, did borrow the sum of £5 from the Lurgan Loan Fund, which was to be paid by certain instalments; that, on the 12th of January, 1842, the said Cordner did, at Derryinver, give to him (Arthur Hamill) the sum of 5s., to be paid by him into the Loan Fund office, on account of said William Cordner, and also a card to have the said payment marked by the agent of the said Loan Fund, and that he (Hamill) did defraud the said William Cordner by not paying that sum into the Loan Fund; and that he did also similarly defraud the said Cordner on the 19th January; and that on both occasions he (Hamill) did counterfeit certain figures purporting to be receipts for the payment of the said two sums of 5s., and did utter such false receipts.
William Cordner, examined by Sir T. STAPLES. -- Lives at Derryinver; borrowed the sum of £5 from the Lurgan Loan Fund, in November last; was to repay the money in weekly payments of 5s. each; paid some of the weekly instalments himself; on the 12th of January last he owed an instalment; employed Arthur Hamill, the prisoner, to make the payment for him; gave him the 5s. in his own house, and his card, in order that the money he sent might be marked down by Mr. Henry Greer, the conductor of the Loan Fund; the date of the payment was also to be marked; Hamill was going to Lurgan on the next day, and he was to pay it on that day, which would be the 13th; got the card back from Hamill on the the 26th of January; on the 19th of January the prisoner got another 5s. from his wife, to pay it in for that week's instalment; on that day the prisoner asked him to give him the money, and he would pay it for him; on the 26th of January the prisoner returned him the card, telling him that he had paid in the two sums; can read and write a little; can read figures a little; sees the date 13, and 5s. marked opposite to it; there is 5s. opposite to the 20th also.
Cross-examined by Mr. QUINN, Solicitor. -- Sent the next payment by a neighbour woman; only sent the one payment after those the prisoner said he made; the prisoner has lived as his neighbour for a long time; had always a very good opinion of him; sent money often with him, and the prisoner often sent money with him, to pay it in for him.
The wife of Cordner corroborated his evidence, and proved giving Ann M'Donnell 5s. and the card, to make it as a payment on the 27th January.
Henry Greer, examined by Sir T. STAPLES. -- Is clerk in the Loan Fund office at Lurgan; recollects, on 27th January last, the card produced was brought to the office; he was at the ledger in which the payments were to be entered, and Hamilton Dobbin was calling out the names on the different cards; when they came to Cordner's card, witness called out "hold," saying that the two last payments had not been made; Hamilton Dobbin and Hancock Greer were the persons who generally received the cash and entered the payments on the cards; looks at the card produced; sees the 13th January with 5s. opposite to it; those figures are not in the handwriting of those persons; opposite the date of the 20th January, there is also 5s., those figures are not written by either of those, nor were they written by himself; is sure the payments marked to be paid on the 13th and 20th were not made into the office.
To Mr. QUINN. -- A person called Nesbitt has charged them with a mistake, but it has not been decided yet.
Hancock Greer, examined by Mr. HANNA. -- At the time the figures on the card produced were written, he was in the Lurgan Loan Fund office; looks at the date of the 13th January, and 5s. opposite to it; those figures are not in his handwriting, nor any other person's then in the Loan Office; neither is the figure 5 opposite the 20th his handwriting, or that of any one who was then in the Loan Fund office; those payments were not made to the office.
Hamilton Dobbin, examined. -- The dates 20 and 13, and the two sums 5s. opposite, are not in his handwriting; those sums were not paid into the office.
To Mr. QUINN. -- The only persons who marked the payments were Hancock, and Henry Greer, and himself, and sometimes the Rev. Mr. Oulton.
To Sir T. STAPLES. -- Thinks those figures are not in Mr. Oulton's handwriting.
Ann M'Donnell deposed to receiving 5s., and the card, from Cordner's wife, to pay into the bank; she gave it into the bank as she got it herself; is no scholar.
DEFENCE.
Mr. QUINN made different objections to the two indictments which the Court said he would consider.
Bernard Hamill gave the prisoner a good character.
Judge CRAMPTON charged the jury, who returned a verdict of guilty.
Judge CRAMPTON. -- He may stand aside until tomorrow morning, when I shall have considered the objections to the indictments.
The Court then adjourned until nine o'clock the following morning. -- Newry Telegraph.
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Friday, July 22.
The Court resumed this morning at nine o'clock.
PETIT JURY:-- Thomas Sinclair, William Henton, John Simpson, John Calvert, Thomas Smith, William Gordon, Robert Johnston, John Gribben, Michael Rice, Robert Macready, John M'Watters, and John Anderson.
Arthur Hamill, convicted of forging entries in a ticket of the Lurgan Loan Fund, was brought up for judgment, and sentenced to three months' imprisonment -- a punishment, for the leniency of which he was indebted to the good character he had received, and to the recommendation of the jury.
RIBBONISM.
John Brady, Hugh O'Hare, John Rice, and Henry Hughes, for being members of an illegal Society at Middleton, on the 7th October, for holding a meeting of said Society, and for corresponding with other members of it.
The ATTORNEY-GENERAL stated the case for the prosecution.
A number of witnesses were then examined in support of the learned gentleman's statement -- the principal of whom were Hagan, an approver, and Timothy Cox, constable of police.
Documents of an illegal nature, found in the houses of some of the prisoners, were produced in evidence.
Mr. WHITESIDE stated the case for the defence.
The jury did not agree to a verdict. The prisoners will be brought up for trial at next Assizes.
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RECORD COURT.
Thursday, July 21.
The Right Honourable Justice PERRIN entered this Court at ten o'clock, and took his seat on the Bench.
The appeals, fifteen in number, were then proceeded with, but there were none possessing the least interest.
There were but four Records for trial.
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Shipping Intelligence.
PORT OF BELFAST.
ARRIVED, July 21. -- Speck, Hamilton, Petersburg, tallow; Tartar (steamer), Stewart, Glasgow, goods and passengers; Adolphine, Schur, Stettin, wheat.
SAILED, July 20. -- Æulus, Henry, Wick, salt; Birmingham (steamer), Church, Dublin, goods and passengers; Aurora (steamer), Anderson, Glasgow, goods and passengers; -- 21. James Hunt, Stewart, Troon, ballast; Pearl, Hill, Wick, salt; Ruby, Rodgers, Larne, wheat; Athlone (steamer), Davies, Liverpool, goods and passengers. -- 22. Lagan, Thompson, London, general cargo.
DEPARTURES OF STEAMERS.
For Liverpool, the Athlone, Davies, to-day, at twelve, noon.
For Greenock and Glasgow, the Tartar, Stewart, to-morrow, at ten o'clock, night.
For Dublin, the Birmingham, Church, on Wednesday, July 27th, at twelve o'clock, noon.
For Stranraer, the Maid of Galloway, Haswell, to-morrow, at twelve, noon.
For Whitehaven, the Countess of Lonsdale, Lamb, to-morrow, at eleven o'clock, morning.
For Carlisle, the Antelope, Macpherson, to-morrow, at ten o'clock, night.
For Liverpool, calling at Larne, &c., the Coleraine, Johnstone, from Portrush, on Thursday, July 28, at nine o'clock, morning.
For Liverpool, the Hercules, Tallan, from Warrenpoint, to-morrow, at eleven o'clock, morning.
SAILINGS OUTWARDS.
The barque Amazon, of Glasgow, Fleck, sailed hence, on Thursday, for Quebec, in ballast.
The Columbia steamer, Judkins, sailed from Liverpool, for Halifax and Boston, 19th instant.
Sailed from Liverpool, for New York, 19th instant, the Europe, Barker; 20, the South America, Bailey.
The Planter, Fox, from Liverpool, at May, and sailed for Santa Martha, 15th instant.
The St. George (steamer) from Liverpool to Newfoundland, at Cove, 22d instant.
Sailed from Liverpool, for Monte Video and Buenos Ayres, the Holywood, Louthean, 21st instant.
Sailed from Liverpool, for New York, the Caledonia, Knight, 22d instant.
ARRIVALS OUTWARDS.
The brig Thomas and Hannah, Captain Hedley, from Londonderry to Quebec, with passengers, arrived safe after a pleasant passage; all well.
The ship Britannia, Captain M'Bean, from Londonderry to New York, with passengers, arrived safe after a pleasant passage; all well.
The ship Lord Maidstone, Captain Taylor, from Londonderry, with passengers, arrived safe at Philadelphia, after a pleasant passage; passengers all well.
The ship Lady Colebrooke, of and from Londonderry, arrived at New York on the 25th of June, after a safe and pleasant passage. Her passengers were all landed
in good health and spirits, and were much pleased with the kindness and attention of Captain M'Clear.
The ship Lady Milton, Captain Sinnott, with passengers, from Londonderry to St. John, N.B., arrived safe, after a short passage of thirty days; all well.
The Gazelle, Captain Paul, with passengers, from Donegall to Quebec, arrived safe after a pleasant passage of thirty-five days; all well.
The brig Ocean, of Bangor, M'Kee, arrived safe at Memel, 5th ultimo.
The brig Brunswick, of Belfast, Campbell, from the Clyde, at Memel, 9th ultimo.
The James Gibson, Stewart, from Liverpool, at Alexandria.
Arrived at London, 19th instant, the Ardent, Markey, from Belfast.
Arrived at Dantzic, from London, the Archibald, Wilcke, 17th instant.
Arrived at Trieste, from Liverpool, the Conservative, Lind, 7th instant.
The schooner Commodore, of Belfast, Campbell, hence at Liverpool, 20th instant.
ARRIVALS INWARDS.
The brig Sophia, of Belfast, Moore, from Girgenti, at Falmouth, 18th instant, for orders.
The brig James Duncan, of Belfast, Ritchie, from Civita Vecchia, at Cork, for orders.
Arrived at Liverpool, the Oxford, Rathbone, from New York, 21st instant.
Arrived at Liverpool, Zeelust, Mik, Zierick Zee, 21st instant.
Arrived at Cove, the Shannon, Stevenson, from Marseilles, 21st instant.
Arrived at Plymouth, H.M.S. Wellesley, 72 guns, from China.
ENTERED FOR LOADING.
The Mertoun, of Belfast, Kenn, is loading at Liverpool, for Bombay.
CLEARED.
Cleared at Liverpool, on the 21st instant, the Brooklyn, Richardson, for New York.
SPOKEN.
The barque Springhill, from Donegall to Quebec, with passengers, was spoken, all well, in lat. 48 50, long. 35, 30, out seventeen days, by the barque Fanny, Adams, arrived at Greenock.
On the 23d ultimo, off Cadiz, the Chamcook, of Belfast, for Liverpool.
CASUALTIES.
KINSALE, July 18. -- The Ruby, Greaves, from Liverpool, bound to Miltown, with a general cargo, went ashore, near the Old Head, in a thick fog, on Saturday night, and is a total wreck; crew saved.
BOSTON, July 1. -- The Herald, from Iquique to Cork, was condemned at Monte Video previous to the 9th May.
TERNEUSE, July 14. -- The Racer, from the Havannah to Ghent, which went on shore near this, port, capsized and sank the 11th instant, has been raised, but it is feared her cargo (sugar) will be totally lost.
LEBA, July 6. -- The Aurora, from Caen to Dantzic, went on shore near this port the 2d instant, and became a total wreck, having sprung a leak at sea; crew saved.
ST. JOHN, N.B., July 2. -- The Thetis, arrived here from Liverpool, in foggy weather, ran aboard a fishing vessel off Brier Island on the 30th June, in endeavouring to clear the others; two men lost.
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THE MONSTER STEAM SHIP. -- This vessel, which is nearly ready to be launched, is built by three or four spirited individuals, on their own speculation, in the small town of Derry, Ireland, where, a few months previously, it was not supposed that a vessel of her magnitude would ever be built. Her dimensions are, 220 feet in length; between perpendiculars, 37 feet beam; and 26 feet deep in the hold; burthen, 1,750 tons, B.M.; she is to be fully rigged as a 50-gun frigate; the length of main-mast to be 90 feet, and 33 inches diameter, mainyard 79 feet, and 22½ inches diameter in the slings, foremast 83 feet, and mizen mast 76 feet; she will be able to, spread 6,400 yards of canvass. There are three decks, the upper one to be entirely clear for action, and to be pierced for 44 guns; the windlass and capstan gear will be placed 'twixt decks. She is to be propelled by Smith's Archimedean screw, which will be 12 feet diameter, and 14 feet pitch, but the length will be only 7 feet; it is to make 88 revolutions per minute; the gearing consists of a cog-wheel, 20 feet diameter, working into a smaller wheel of 5 feet diameter, upon whose axis is the shaft of the screws. The engine power-consists of two cylinders, 68 inches in diameter, 4 feet 6 inch stroke, and to make 22 strokes per minute; nominal power, 306 horses; there are to be four air-pumps, 19 inches diameter, and 4 feet 6 inch stroke, and cylindrical boilers. The engines are to be placed close abaft the vessel, leaving the midships clear for passengers. -- Practical Mechanic and Engineer's Magazine. [This vessel, the largest ever built at an Irish port, and also the largest to which the Archimedean screw has yet been applied, was launched on. Saturday last. It is not unlikely that she will be purchased either by the Government or the East India Company. -- Banner.]
VESSELS OF THE UNITED KINGDOM. -- A return has been laid before Parliament of the number of vessels above fifty tons burden, and the total amount of their tonnage, registered at each of the ports of Great Britain and Ireland, including the Channel Islands. The three chief ports in England are London, Liverpool, and Newcastle; in Scotland, Glasgow (including Greenock and Port-Glasgow), Aberdeen, and Dundee; in Ireland, Belfast, Cork, and Dublin. The returns for these places are as follow:-- London, 5,405, vessels, 598,554 tons; Liverpool, 1,097 vessels, 307,852 tons; Newcastle, 1,143 vessels, 259,571 tons; Glasgow, 662 vesels, 187,545 tons; Aberdeen, 298 vessels, 52,443 tons; Dundee, 282 vessels, 50,060 tons; Belfast 250 vessels, 44,458 tons; Cork, 221 vessels, 29,765 tons; Dublin, 134 vessels, 23,072 tons. Total for England, 10,804 vessels, 2,633,345 tons; Scotland, 2,261 vessels, 429,635 tons; Ireland, 1,037 vessels, 165,969 tons; and for the whole of the United Kingdom including the Channel Islands, 14,464 vessels, and 3,668,732 tons.
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Banner of Ulster - Friday, 29 July 1843
Marriage.
On the 28th instant, in St. Ann's Church, by the Rev. A. C. Macartney, JOHN TYSON, Esq., of Liverpool, son of the Rev. E. Tyson of Seathwaite, North Lancashire, to ANNA, only daughter of Wm. M'Comb, Esq., of Belfast.
Death.
On the 13th instant, at Glenwherry, Mr. CARLETON ROBERT ADAMS, aged thirty-five, after a tedious illness, which he bore with Christian resignation.
Clippings
COUNTY MONAGHAN ASSIZES.
CROWN COURT.
BEFORE THE HON. JUSTICE PERRIN.
Monday, July 25.
THE following gentlemen were sworn on the Grand Inquest, before the High Sheriff, John Boyle Kernan Esq;, this day:-- William Anketell, Esq., Foreman; George Forster, Esq.; James Hamilton, Esq.; Robert Bailey Evatt, Esq.; William Hamilton, Esq.; Henry George Johnston, Esq.; Arthur Gamble Lewis, Esq.; Owen Blayney, Esq.; Joseph Whitsell; Esq; John Langtune, Esq.; James Evatt, Esq.; William Mayne, Esq.; Edward Goolding, Esq.; Nicholas Ellis, Esq.; Henry Mitchell, Esq.; Robert Thompson, Esq.; Samuel Fitzherbert Filiate, Esq.; John Warlow Johnston, Esq.; Thomas Lucas, Esq.; Andrew Allen Murray, Esq.; Edward Wellington Bond, Esq.; John Johnston, Esq.; Andrew Swanzey, Esq.
CALENDAR OF PRISONERS FOR TRIAL. -- Child-murder, 2; discharging a pistol, with intent to deprive of life, 1; shooting at a person, 1; perjury, 3; deserting a child, 1; concealing birth, 1; vagrant, 1; horsestealing, 3; cow-stealing, 1; opening a post-bag, 1; assault, 1; Whiteboyism, 1; serving a threatening notice, 1; robbery, 2; larceny, 1; arson, 1. -- Total, 25.
Tuesday, July 26.
His Lordship entered the Court to-day at two o'clock, when the commission was read by Thomas D. Bourne, Esq., Clerk of the Crown.
The Grand Panel having been re-sworn,
His LORDSHIP then proceeded to address them as follows:-- Mr. Foreman, and Gentlemen of the Gram Jury, as I understand you have completed your fiscal business, you will now proceed to the consideration of the several bills of indictment which will be sent before you, and you will examine the witnesses carefully, and not send forward any bill which cannot be fully and satisfactorily sustained by the witnesses you have examined. Gentlemen, I have examined your jail, and found it in a highly satisfactory state, as far as its internal arrangements are concerned; and I must say, those arrangements reflect great credit on the officers and superintendents in connexion with it. There are two matters connected with it, however, which require your best attention. The first is, the procuring a better supply of water for the prison. The Inspector, and the medical gentlemen in connexion with the jail, who seem to have devoted great attention to the subject, have mentioned to me a plan whereby a plentiful supply of ram water might be procured. They will point out their plan to you, and I am sure it will have your best consideration. The other matter to which I have allude to is, with regard to the cells appropriated for prisoners under solitary confinement. Those already provided are quite insufficient, and not at all adapted as places for the confinement of prisoners, in cold weather. Mr. M'Dowell has mentioned to me a place well worthy your attention, and that of the Board of Superintendence, where proper cells might be erected, and at very little expense to the county -- he is ready to point out that place to you. It is quite necessary, gentlemen, that such cells should be provided; your own good sense will tell you that, and you must be aware that the statute is imperative on the subject; besides, their being provided will enable this Court, and the Court of Quarter Sessions, to shorten the period of imprisonment; and, at the same time, make it more irksome to the prisoners. I cannot see how the present cells can be altered, without considerable expense. You will, however, take the matter into your serious consideration, and adopt whatever plan may seem to you most conducive to the interests of the county, and best calculated to carry out the purposes of the statute, at the same time, having due regard to your own consciences. Gentlemen, I will now proceed to the presentments.
After the presentment had been gone through, the following gentlemen were sworn on the
PETIT JURY:-- Messrs. James Moynan, Thomas Howe, John Phillips, Wilson Jamison, John Murray, John O'Hanlon, James Mallon, Patrick Caulfield, John Russell, Bernard M'Mahon, Thomas Hetherington, and Owen Kelly.
Elizabeth M'Nally was indicted that she, on the 18th July, did steal twenty pounds of butter, the property of Arthur Hanratty. Pleaded guilty.
Charles M'Manus was indicted that he, on the 9th July instant, did steal three shillings from the person of John M'Cumiskey, at Ballibay.
John M'Cumiskey, examined. -- I know the prisoner. I saw him in Patrick M'Manus's, at Ballibay, on the 9th instant. He asked to treat me, saying I was a great gentleman. I told him to go about his business. He then put his hand in my pocket; and when I caught it coming out, he had three shillings in it. He then said he would give it to me, if I would not expose him; I held him as well as I could, but he ran away, and I ran after him, and gave him in charge of the police. To the Prisoner -- The police arrested you beside the police barrick. I had no box or row with you. I never saw you before that time. Are you not called the "steamer," you swear so fast, and are you not at every Petty Sessions, Quarter Sessions, and Assizes, swearing? Witness -- I was at the Sessions against a man for sinking a pit on the road, being a road contractor. The prisoner said he never knew anything of the fact, more, than the child unborn.
To a JUROR. -- I am from Athlone. Prisoner -- My Lord, I was after taking a dhrap of drink, and was drunk when the thing occurred. Guilty.
Brian Hand was indicted that he, on the 20th May last, at Castleblayney, did steal a cow, the property of Patrick Hand.
Patrick Hand, examined. -- Said the cow was taken, on the 20th May last, from the townland of Morally, near Castleblayney. He got her from the police in Castleblayney, in June, upwards of seven miles from the place from whence she was taken. The prisoner is my brother.
Judith Brien, examined. -- I was lodged in Brian Hand's house, and was going home on the night he took the cow. He told me not to go for a little, and he would go with me, and bring his brother's cow with him. He came part of the way with me, and then returned, saying he would have to go to his work. I then took the cow to my mother's. He, next day, sold her to my mother, and got 11s. as part payment. The police took the cow from my mother.
A constable of police stated that he took the cow from Judith Brien, on the 7th of June. She was driving it on the road at the time. Patrick Hand got the cow again, by order of the magistrates.
Catherine Brien, examined. -- Stated she saw a cow standing in the street, in the morning, at her mother's door, and Brian Hand with her. He asked my mother to buy her. My mother said she had not money enough to buy her, nor had she grass for her. He said he would not pinch her for the money, but would take part. My mother gave him 11s. as part payment, and that is all I know about it. Guilty.
Ellen Maguire was indicted for being a vagrant, of infamous life and character, and without any fixed place of residence, in Clones.
Two policemen proved the prisoner a drunkard, and a nuisance in the streets; and that she was frequently got rioting in Clones. Not guilty.
Several other cases were called on; but the parties not being ready, his Lordship heard a road traverse case; after which the Court adjourned. -- Whig.
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[FROM THE REPORTER FOR "THE BANNER."]
Wednesday, July 27.
The Court resumed this morning at half-past nine o'clock.
PETIT JURY:-- Messrs. James Moynan, Thomas Howe, John Phillips, Wilson Jamison, Alexander Boyd, John O'Hanlon, James Mallon, Patrick Caulfield, Bernard M'Mahon, John C. Hannigan, Thomas Hetherington, Owen Kelly.
WHITEBOY OFFENCE.
John M'Aleer, Patrick Treanor, James M'Genarty, and Owen Murray, for being an armed party who attacked the house of Arthur and Michael Mallen, on the morning of the 26th June, at Tydavnet, for the purpose of compelling Arthur Mallen to leave his farm.
Sir THOMAS STAPLES, Q.C., stated the case for the prosecution.
Arthur Mallen, sworn, and examined by Mr. Hanna, Q.C. -- I live near Tydavnet, in this county. I hold about ten acres of land, at the place where I live. I have lately got more land, from Mr. Hamilton, my landlord. There are twenty-one acres of it. There is a house upon the land, but I don't reside in it. It was formerly held, I believe, by Patrick Kelly. About a month or five weeks ago, I saw Jas. M'Genarty at my house, very early in the morning -- about three o'clock. He was with an armed party. I was in bed, and heard the party talking outside. My family were in the house. My wife had gone out at the time. There were six persons in my family, and I had a man servant. When the party came in, they told me to leave Pat. Kelly's farm. I think there were four of them. They had a pistol and a bayonet. They told me, if I did not leave Patrick Kelly's farm, they would give me Corgill's death. They did not remain long, not did they come into the house. My eldest son, Michael Mullen, shut the door against the party. They remained about a quarter of an hour. I kept inside the house myself. I think some of the prisoners, besides M'Genarty, were at the house. I had never seen them till the morning of the occurrence. I am not too sure of any of them except M'Genarty. I left the house when the neighbours gathered. I saw the prisoners that morning after they were taken into custody.
Cross-examined by Mr. O'HAGAN. -- My son was talking to the prisoners, at the door, when I got up. I did not dress myself -- only put on my shirt. My son had a good deal of talk with the party. They made no attempt to come in, but I closed the door as soon as possible. I should not wonder if it was three, or four hours after the affair before any one was taken into custody.
Michael Mallen, sworn and examined by Sir T. STAPLES. -- I am son to the last witness. I was at home on the 26th June last, when a party came to the house. They told me to rise, and said they did not want to do any harm. I went to the door, with a pitchfork in my hand. I saw but two men, but I heard the voices of more. They told us to quit Kelly's farm. I told them we would if we could get our money. Some of them said we would get our money, and others said we should be paid for our trouble, but should get no purchase money. The party fired a shot on the street. [Identifies M'Aleer and Murray.] They said if we did not quit Kelly's farm they would give us Corgill's death. They remained for scarcely half an hour. When I went out, I saw some of Mr. Hamilton's tenants coming up to the house. When I went to the hill in view of Kelly's farm, I saw eight men leaving Kelly's house. I went back to my house for assistance, to detain the men until the police should come. The police did come, and took some of them into custody. I heard two shots fired at my own house. I heard the party say they would go Kelly's house, after they left my father's. I saw M'Aleer drop a stone at his foot, and Murray strike the window with a stick. I saw M'Genarty at the time.
Cross-examined by Mr. PERRIN. -- I think, to the best of my knowledge, the prisoners were of the party who came to my father's. I cannot say how soon it was after the party came that some of them were taken into custody, but think it was about seven o'clock. None of them made any secret of his name. My father has got money for taking up some of the party. I took up no one except M'Genarty.
To Sir THOS. STAPLES. -- My mother was up, on the morning of the occurrence, before I was.
Ann Mallen, sworn and examined by Mr. HANNA. -- On the morning of 26th June last, I heard a noise made by dogs, about three o'clock, and rose and went out, thinking that the cattle had broke loose, or that our horse had got among the corn. I saw a party of men at the turf-stack. I was frightened, and ran to a neighbour house. I was afraid that some damage would be done, but supposed I would get back to my house after the party left. I heard a shot fired at the house, and another when the party were leaving.
Patrick Sherry, examined by Sir THOS. STAPLES. -- I saw a party of men at Mallen's turf-stack on the morning of 26th June. I think I heard the noise of a shot, but cannot be sure, I was so much frightened at the time. I saw the party go up a brae above my house, towards Kelly's house. I and another man went up to the hill, about half an hour after, and saw two men at Kelly's. The man who was with me was Mallen's son. He sent for the police to Scottstown. He and I "viewed" men walking along the mountain side. We were along with the police, when they took up four men. I only saw one person, who gave his name as M'Aleer, taken. [Identifies M'Aleer.]
Cross-examined by Mr. O'HAGAN. -- I have not walked on a hill-side of a Sunday morning. I have got about £3 10s. for the valuable evidence I have given to-day. [Mr. O'HAGAN. -- And I think you are over-paid.] I have bad English, and can't answer all the questions you ask. When employed, I only get my diet, without any wages.
William Neill, examined by Mr. HANNA. -- I took M'Aleer into custody on the morning of the 26th June. He was running at the time, and begged of me, for God's sake, to let him go. I gave him to the police. Pat. Sherry was with me at the time. Mick Mallon took into custody a person who called himself M'Genarty. I was not present at that time.
Cross-examined by Mr. PERRIN. -- I have got £3 10s. as my share of the reward.
John Simmons, constable of police, examined by Sir THOMAS STAPLES. -- I was stationed at Scottstown in June last. On the morning of the 26th, I was called upon by Hugh Mallon, son of Arthur Mallon, and went to a new farm occupied by the latter. I saw a party of men there -- about ten -- who ran off as soon as they saw the police. I saw the four prisoners arrested. I arrested Owen Murray myself. M'Aleer gave himself the name of M'Kenna. I heard the prisoner say they lived in the townlands of Tannyfinnigan, Tamlaght, &c. I heard Owen Murray say something about not breaking a window, when he was in custody.
Cross-examined by Mr. O'HAGAN. -- I have got none of the reward. Then was a Government reward of £25. There has been £40 in all distributed. I do not think it is a good thing to have a disturbed country, nor do I wish to be fully employed. I was brought from my barrack about six o'clock on the morning of the 26th, and had to go about five miles to the house of Mallon. I saw no fire-arms with the prisoners. I did not see a dog with them. M'Genarty willingly gave the police his name, and two of the other prisoners told theirs.
To a JUROR. -- When the informations of Michael I Mallon were being read over, Owen Murray sail he had struck. Mallon's window; but bad not broken it.
Peter Rafferty, a neighbour of the Mallons, deposed to the same effect.
Mr. O'HAGAN addressed the jury on behalf of the prisoners.
Several witnesses were examined as to the character of the prisoners, and deposed to their general peaceable and orderly conduct.
The jury, after having been absent from Court for about an hour, returned a verdict of not guilty.
POST-OFFICE ROBBERY.
Henry Reilly was indicted for that he, on the 26th October last, being employed as a post-office runner between Cootehill and Clones, did open a post-bag containing letters entrusted to him for delivery. The letters were laid as the property of the Postmaster-General.
Mary Wallace, examined by Sir T. STAPLES. -- I am postmistress at Cootehill. I recollect taking the letter produced from Col. Clements's bag on the 26th Oct., and giving it to the Clones post-boy, Henry Reilly, who was runner between Clones and Cootehill. The letter was not folded as it now appears when I took it out of the bag. The seal however, was perfect. I recollect putting another particular letter into the Clones bag on the 26th Oct. [Identifies the envelope of a letter.] I stamped the letter with the office stamp, tied up the parcel, and sealed it in the knot of the cord. None of the letters were doubled up in the manner I see this one.
To the JUDGE. -- The prisoner was runner only occasionally. I am sure he was runner on the day in question, for I remember that Mr. Urquhart, the post-office surveyor, came to town that day.
To the Prisoner. -- I never gave you the Clones parcel without sealing it. Letters have frequently passed the Cootehill office, the seals of which had been broken, apparently by accident; but I never passed letters to Clones in this state.
Samuel Clarke, examined by Mr. Hanna. -- On the 26th Oct. last, I sent from Cootehill a letter containing seven enclosures to the Ulster Bank, Belfast. [Identifies the letter.] I gave it to Mr. Wm. Jamieson to seal. I hold a situation in the branch of the Ulster Bank.
William Jamieson, examined by Mr. PERRIN. -- I received a letter from last witness, to seal, on the 26th Oct. I did not in any manner disturb the enclosures. I put the usual seal -- "Ulster Bank, Cootehill Branch," upon it. I posted the letter immediately after receiving it.
Elizabeth Matilda Clarke, examined by Sir T. STAPLES. -- I am daughter to Mrs. Clarke, who was postmistress in Cootehill on the 26th October last. She is only assistant now. I remember the prisoner, Henry Reilly, bringing the Clones letters on the 26th October. I saw two letters, the seals of which were broken. One of those was addressed to Henry Cullon, Esq. [Identifies the two letters.] One of the letters had a seal of black wax with a red wafer underneath. The letter appeared to have been opened, and was quite open when I saw it. On the other letter was a single seal of red wax. It was open when I took it out of the bag. I gave the two letters to Mr. Urquhart, the post-office surveyor, a few minutes after I observed them. He put his official seal upon them.
To the Prisoner. -- The letters are in the same state as when I saw them.
To the JUDGE. -- The prisoner's father, at the time of the occurrence, was runner to Roslea.
Anna Thompson, examined by Mr. HANNA. -- I was postmistress in Clones on the 26th of October last. The prisoner was runner from Cootehill to Clones and I paid him. I remember his bringing the Cootehill bag on the 26th October. The seal of the bag appeared to have been broken. I cut the cord, and opened the bag. I saw two letters which had been opened, and gave them to Mr. Urquhart a few minutes after.
To the Prisoner. -- You (prisoner) have often received post-bags from me. Your father, also, has frequently received bags, and delivered them to you. I am sure you had the bags in your possession on the 26th of October.
Patrick Urquhart, Esq., examined by Mr. PERRIN. -- I am surveyor of the post-office for the northern district. I remember, on the 26th October, being in Clones, and getting from the postmistress two letters, the seals of which had been cracked across. I put my official seal on them, and sent one of them to Belfast, specially directing the postmaster there to deliver it. I followed the runner to Cootehill, and was there almost as soon as he was.
To the JUDGE. -- I had a conversation with the prisoner some days after this occurrence. He told me he had opened the letters. I rather think I told him on the occasion that he had better tell the truth.
To the Prisoner. -- The letters might have been opened before I came to Clones post-office. I never heard of charges of breaking the seals of letters having been brought against Mr. Clarke.
Thomas Wann, examined by Sir THOS. STAPLES. -- I hold a situation in the Ulster Bank, Belfast. On the 26th October I received the letter handed to me from the Cootehill branch. The Ulster Bank seal was upon it, but appeared to have been broken. There were bills and bank orders in it -- seven in all. They were not in the order specified in the letter. There was a wafer as well as wax upon the letter.
For the defence, John Reilly, the father of the prisoner, deposed that he (prisoner) delivered the Clones bag to him on the 26th October, and that he (deponent) delivered it to Eliza Matilda Clarke.
To a JUROR. -- The seals were not broken at the time I got the bag, and I delivered it in the very same state in which I got it. On the day succeeding the 26th I delivered the bag to two children in the hall of the post-office, fearing to go in, as I under stood Mr. Urquhart was there.
The jury, without leaving the box, returned a verdict of guilty.
His Lordship observed, that the post office authorities should take more care of the post-bags than they were in the habit of doing. They should have a lock upon each, keys of which should beheld by the respective postmasters at the towns where it was despatched and where it was delivered.
ARSON.
Hugh Downey, for feloniously setting fire to a stable, the property of Mr. Quin, in the parish of Monaghan, on 26th March last.
The prisoner objected to Mr. Sloan, one of the jurors, in consequence of his having expressed an opinion in reference to the case. He was ordered to stand aside, and another was sworn, in his stead.
William Quin, examined by Sir THOMAS STAPLES. -- I live near the toll-gate at Rusky, in this county. The prisoner was in my service in March last, and up to May. In February, he expressed a wish to leave it. I objected to this, and asked him if he had any objection to me or to my place. He said his mother wished him to leave, as he would have an opportunity of earning more money for the three spring months than he could earn with me. I said I would not gratify either his mother or himself. On the night of the 26th March last, the prisoner slept in the stable -- an eight-stalled stable. I had gone to bed about nine o'clock, feeling rather unwell. One of the servant-girls soon after came to me, and asked whether I was sleeping,, saying the stable was on fire. I saw that this was the fact, the window of my bed-room being opposite to the stable. When I first went to the stable, the smoke beat me back, one of the girls having thrown a bucket of water upon the flames. A grey horse was so much burnt under the belly that he cast the skin afterwards. The prisoner gave me no assistance. The fire was in the middle stall, to the left of the prisoner's bed. There was a moveable brass candlestick in the stable. The grey horse made a noise, and broke his collar-bone. I gave the prisoner into the custody of the police. The prisoner lay upon a bed of straw.
Cross-examined by Mr. O'HAGAN. -- The bottom of a brass candlestick is used to hold the candle in the stable. I never heard that the horses were in the habit of switching it down with their tails. I swear I never heard so until I was informed that the prisoner stated it in his defence. The prisoner, when I went to the stable, did not appear to have been in bed. There was not much damage done to the stable. I do not I think that the prisoner could have been burnt -- he was on the safe side of the stable. I have accused an accomplice of the prisoner for poisoning a cow of mine last season. I knew him to be an accomplice of Downey, for I had often seen him with the prisoner, and I accused him of being a bad adviser of his.
Mr. O'HAGAN -- You may go down, Mr. Quin.
Witness -- So I will, Sir. Did you hear me talking to you that time? (Laughter.)
JUDGE. -- You are very rash, Sir, in your statements upon oath.
Eliza Linton, examined by Mr. HANNA. -- I am a servant to Mr. Quin. On the night of the 26th March last, I found the stable on fire, and told my master at the time I went to remove the candle from his bedroom. I went to the stable, and saw the prisoner sitting with his coat on, and said to him, "Oh, heavens! get up and get out the master's horses." He d----d me, and told me not to interfere. On the Thursday before the fire, the prisoner said if the master did not settle with him he "would give him an aching heart before he should eat eggs on Easter Sunday."
Sarah Shiel, examined by Sir T. STAPLES. -- I am a servant to the prosecutor. I remember the 26th March last, on which his stable was on fire. On that night I gave the prisoner a candle, with about an inch burnt off it. I went to the stable when it was on fire, and saw the prisoner. I begged him to get out the horses lest they should be burnt. He replied, that he "did not care a d--n for the horses, the master, or myself," and desired me not to interfere. I saw two candles in the stable burnt down nearly to the socket. I heard prisoner say, a few days before the fire, that he would put more than a quarter's wages out of his master's way if he did not settle with him.
Cross-examined, by Mr. O'HAGAN. -- I have lived for nearly half a year with Mr. Quin. I agree very well with Sarah Linton. Mr. Quin is unmarried, and has no children. I ought to be a Mathewite, and am one. (Laughter.)
Thomas Crawford, examined by Mr. O'HAGAN. -- I live at the toll-gate, near Quin's house. I was alarmed by my house-keeper on the 26th March last, saying that Mr. Quin's stable was on fire. I went to it, and found fire in two stalls on the right-hand side. The smoke was tremendous at the time we began to throw water on the fire. I saw the prisoner after we got the fire extinguished, but not before. He was in the kitchen, and was dressed. He was put out, and I advised Mr. Quin not to strike him.
To a JUROR. -- The blaze, was not difficult to point out.
James M'Cormick, examined by Sir T. STAPLES. -- I am a servant to Mr. Quin. In March last, I heard the prisoner say that, if his master did not pay him his wages and let him go, he would do him an ill turn. I saw the fire in the stall opposite to where the prisoner slept. I saw the prisoner in the stable, and two pieces of candle burnt down to within about an inch of the socket.
Cross-examined, by Mr. O'HAGAN. -- I have been twenty-five years in Mr. Quin's service. The prisoner, in March last, summoned me, and I summoned him, and he was "laid down" (imprisoned) for six weeks. The pieces of candle had been stuck upon a beard, which appeared to be blackened on the side farthest from the fire.
Mr. O'HAGAN addressed the jury on the part of the prisoner.
FOR THE DEFENCE.
John Lennon was sworn, and examined by Mr. O'HAGAN. -- He deposed that the prisoner and his father were old neighbours Of his, and that he never knew anything laid to his charge before the aforesaid offence. Saw the prisoner in Mr. Quin's stable on the night of the 26th of March last. After he "regulated the horses," he turned the candle down in the candlestick. This was after the stable had been "done up."
John Holland, examined by Mr. O'HAGAN. -- I was in the service of Mr. Quin. I have seen the candlestick in the stable overturned by the switching of the horses' tails when they were being cleaned up.
To Sir T. STAPLES -- As frequently as otherwise, when the candle was overturned, it fell among the straw.
Archibald Hoey, examined by Mr. O'HAGAN. -- I have been hostler to Mr. Phillip's hotel for fifty-two years. I have employed the prisoner, and a better boy to a mother I have never known. I am upon my oath, and can say that there is not a better boy in Monaghan. His mother and family were starving this season, and he offered to work for me at 4d. a-day. Times were bad, but I refused to employ him at so small a rate. I went to his mother's house, and saw him divide his food with his mother and the children. As for the women, who were upon the table -- oh, your Lordship------! (significantly lifting up his hand, amid loud laughter in the Court.)
The jury did not agree, to a verdict, and were looked up when the Court rose for the evening.
HORSE STEALING.
Charles Rodden, for stealing a bay mare, at Drumena, on 15th April, the property of Bridget Reilly.
Acquitted, from the absence of a policeman, who was a material evidence.
The prisoner is detained in custody, and will be brought up for trial at next assises.
The former jury were called into the box, when the latter retired, and the following cases were given into their charge:--
COW STEALING.
Andrew Lowry, for stealing five cows at Drumsnatt.
The prisoner said he was unprepared for his trial.
His Lordship directed that he should be held to bail, in substantial recognizances, to stand his trial at next assizes.
The prosecutor, on being questioned, stated that he was willing, that the trial should be postponed, as he was convinced that the prisoner had accomplices in the offence with which he was charged.
ORANGE PROCESSION.
Stewart Morris and Samuel Morrison, for assembly with others, at Tullycorbet, on the 12th of the present month, with banners, &c., to celebrate a certain political anniversary, termed the "Battle of the Boyne," which celebration was calculated to excite animosity between certain classes of her Majesty's subjects.
The prisoners, through their attorney, traversed in prox., and were held to bail in the same amount as required by the Petty Sessions Bench by whom they were committed.
Peter M'Grane, for stealing a cow at Ballybay, on the 4th February, last; also, on another count, for receiving said cow, knowing her to have been stolen.
John Armstrong sworn. -- I lost a cow from my grounds, in the parish of Creggan, on the night of 4th February last, and found her with the police on the day after in Castleblayney. Prisoner came to me and told me he had bought a cow in the fair of Roslea, which he had understood to be mine.
Cross-examined by Mr. SWANZY, attorney. -- I never said the prisoner stole the cow. I never suspected my son-in-law of stealing the cow. [Mr. Swanzy here read an advertisement from the Hue and Cry, giving a description of the cow, and stating that the witness suspected his son-in-law of stealing her.] I never gave instructions to Captain Armstrong to say that I suspected my son-in-law. I did not know the prisoner before my cow was stolen. I do not know that my son is gone to America. He lived in county Louth. My daughter now lives in my house, but I never asked her where her husband had gone.
Wm. Murphy, sub-constable, deposed to having arrested prisoner when driving four or five cows to Ballibay fair. He said he had bought her in Roslea fair, from a person named M'llvaine (son-in-law to prosecutor).
Prosecutor was re-called, and stated, in answer to the Judge, that he suspected his son-in-law for stealing his cow. He had paid his son-in-law more than his wife's fortune amounted to.
For the defence, James Wylie deposed that he was present in Roslea fair when the prisoner bought the cow, for which he paid a fair price -- £5 16s. Acquitted on both counts.
His LORDSHIP having asked whether there was any other charge against the prisoner, the latter replied, "No, never," and was discharged amid the laughter of the Court.
INFANTICIDE.
Francis Duffy, for having, at Tullycorbit, wilfully and maliciously murdered an infant child, previously born of the body of Ann Smith, by placing his foot upon its neck.
Ann Smith, examined by Sir THOMAS STAPLES. -- I know the prisoner. I have known him too long -- for twenty years. Two years ago, I lived in the townland of Cargey. I had intercourse with the prisoner, and had a female child by him. I suppose it is about a year since it was born. It was about the end of July or the beginning of August, 1841. I was then living at the house which belonged to my father, who is dead. My mother lived in the house since my father died. Not a living soul was in the house, on the night the child was born, except Duffy and myself. He had not been above half an hour there when the child was born. When it was born, I remained on my knees for a time, and the prisoner put his foot on the child's neck. I begged of him, for God's sake, to leave it alone, and said that I would go away with it. He caught me by the throat, and swore he would choke me if I made any noise or report. He then cut the umbilical cord with a razor, took a bolster, emptied the chaff out, and put the body of the child into it. I swear before God and the world that the child was born a living child. I heard it cry. I never heard it cry after the prisoner put his foot on its throat. It was lying on the ground at the time. [Prosecutrix. -- They have the Court-house gathered against me, to give me a bad character; but I hope, my Lord, I'll get justice.] When Duffy, the prisoner, put his foot on the child's neck, I begged him, for God's sake, to spare its life, and said that I would leave the country. Before he went out, he pulled five shillings out of his pocket, threw it down, and requested me, as soon as I was able, to follow my brother to Dundalk. The pillow-case I have spoken of was blue and white-striped ticken. I saw it afterwards at the house of John Smith, my cousin. This was between three weeks and a month after the child was born. It was shown to me by Smith's wife.
Cross-examined by Mr. TOMB. -- My father died on Easter Sunday, last year. This was before the child was born. My brother and myself were then left Under the mercy of Mr. Mayne and the prisoner, an executor to my father's will. I had two brothers -- one of whom is dead in America. The other lived in the place till he was ejected by Mr. Mayne. He is now out of jail, where he was confined for stealing pigs from his cousin. We don't live at the place now. We were turned out about May last. My brother sold four acres of the land to the Duffys. Prisoner, who is the bailiff, served a notice upon us, about two years ago, to leave the place. Prisoner "rid out the house" under the warrant of Mr. Swanzy, the sub-sheriff. He did not insist upon our leaving, after our father's death. We were admitted upon the terms that we were to sell out. Cormac Duffy and Francis Duffy, cousins to prisoner's wife, and our nearest neighbours, have got our land. The time I speak of was before this "bloody and wicked murder." The murder took place on a Sunday. It was in the end of July or beginning of August, 1841. It was after we were turned out of the land that I swore my informations. Sergeant King says it was on the 23d of August the body of the child was found in a bog-hole. I was then in Monaghan, seven miles from where I had lived. My brother had gone to Dundalk on the morning my child was born, and returned on that day week. The prisoner came to our house about twelve o'clock. We had cottiers -- a man named Conolly and his wife. There are a large kitchen and a large room between our house and Conolly's. The roof has been off the kitchen for two years. It was about half an hour after the prisoner came that the child was born. I never had a child before the one I now speak of. This I swear positively. I turned about, to lift my child off the ground, when the prisoner came forward and put his foot on its neck. I screamed out, but not very loud, for I had not time. It was after the child was dead that the prisoner took out the razor and cut the umbilical cord. This was after I rose off my knees. This was the position in which I was delivered. Nobody came to see me for three days, at the end of which time I went to Castleblayney. The neighbours, however, came in and out as usual. There was no great recourse to the house. Conolly's wife did not suspect me of being pregnant. I have been for nearly three months in the charge of Mr. Mitchell, bridewell-keeper in Castleblayney. Mr. Cunningham, a magistrate, ordered me to be maintained there.
To a JUROR. -- Duffy was in the habit of coming to my house. He generally came at a late hour. I did not send for him on the occasion in question. It was before the child was found that I swore informations. I did not tell Conolly's wife of the occurrence in the morning after it happened, for I was afraid of being turned out of the land. The prisoner threatened that he would make Mr. Mayne do whatever he (prisoner) pleased with us.
John Smith, examined by Mr. HANNA. -- In July last, I saw the limb of a child in John O'Neill's house. This was on the 19th August. I went down to Owen Connolly's house, having business there. I saw a pillow-case in a sward of rushes at the brink of a drain. There was the "appearance" of a small bit of a child's skull in the pillow-case. The place was not far from Smith's house. I brought the pillowcase and laid it upon a ditch. It was blue and white-striped ticken. I was absent from home on the Sunday after, and the prosecutrix came and buried the pillow-case in my dunghill with a spade. My wife saw her do so. I raised it, and left it where I first found it. It was taken away on the same night, and hidden again.
Cross-examined by Mr. O'HAGAN. -- My wife is here. I am a relative of the prosecutrix, and live on the march with her. I have a good right to know her character. She is not worthy of credit upon her oath.
Sir T. STAPLES. -- We cannot carry the case any farther, my Lord.
Mr. TOMB. -- Indeed you cannot, Sir Thomas.
The issue paper having been handed to the jury, they at once acquitted the prisoner.
Judith Hamill, for the murder of her male infant child, five days old, on the 10th April, by throwing it into Mucknoe Lough.
The prisoner did not join in any challenge of the jury.
Margaret Clark, examined by Sir T. STAPLES. -- I live at Drumcrew, and know Judith Hamill. She came to lodge at my house on the Monday before Shrove Tuesday. She had been but a few minutes in the house when she informed me that she was pregnant.
[The Grand Jury here, came into Court; and, the Foreman having informed the Judge that their business was completed, they were discharged.]
Examination resumed. -- The prisoner was confined in my house, the Tuesday before she went away. She was, in all, nine weeks in my house. Her child was a male, I dressed it on the Tuesday before she went away. She left my house on Sunday, before six o'clock in the morning, taking the child in her arms. She threw her flannel petticoat over it. I saw its dead body on the evening of the same day, in the jury-room at Castleblayney. I know it by a private mark.
Cross-examined by Mr. ROSS S. MOORE. -- The prisoner did not conceal the fact that she was in the family way. She went out to work with my husband now and then. She got up one night out of sleep, and appeared frightened, saying she saw some black thing, like a man, at the back of the door.
To the JUDGE. -- I was quite sure that the child I saw dead was the prisoner's child, from the marks I saw on it. The colour was not much changed.
Constable Wm. Thompson, examined by Mr. HANNA. -- In consequence of information I received, I went to Mucknoe Lake on the morning of Sunday, 10th of April. The lake is called Annadrummond Lake. I saw the body of a male child floating in the water, about eight or ten yards from the bank, and took it out and brought it to the police barrack at Castleblaney. The body was entirely naked. The lake is about half a mile from the prisoner's house. I sent for the prisoner to see the body, and she gave me some marks respecting it.
Wm. Clark, examined by Sir T. STAPLES. -- I am husband to Ann Hamill. I know the prisoner, who was for a time at my house. I saw her on the day on which she was arrested, in the custody of two policemen. I made neither promise nor threat to induce her to tell me anything at that time. The next morning, I asked her why she had brought me into this trouble, and why she had drowned the child? and she replied that "the bad man had put it into her head." She was in custody at the time she said so.
Cross-examined by Mr. MOORE. -- I am a poor labouring man, and cut turf for gentlemen who employ me. The prisoner went out to work with me in the bog now and then. I thought she was not "solid in her mind," for she jumped over the bog-hole twice, and once fell in. I remember her getting up out of bed one night, and shouting and screaming: I asked her what was the matter with her, and told her not to frighten the children; and she told me that she had seen the "bad man" -- meaning the devil.
Patrick O'Hara, examined by Mr. HANNA. -- On the morning of the 10th April last, I saw the prisoner, with a child in her arms, about six yards from Mucknoe Lake, where it was found. This was on the road, which runs close to the lake. There had been early mass that morning, and the chapel is not far from the lake.
Sub-constable Sloan deposed that he arrested prisoner, who called herself Peggy Finigan; and that, without being threatened, or any hope held out to her, she confessed having thrown the child into the lake, and that the devil had tempted her to do so.
Benjamin Veitch Cumming, Esq., surgeon, examined by Mr. HANNA. -- I saw the child of prisoner, I tied the umbilical cord with a woollen cord. I saw the same cord on the navel at the coroner's inquest. The death of the child must have resulted from drowning.
Mr. MOORE addressed the jury on the part of the culprit. The learned Counsel relied upon being able to show, to the satisfaction of the jury, that the prisoner was an idiot, subject to fits of epilepsy and insanity. He quoted the case of the lunatic Hatfield, who fired at George III., and of Martin, the shoemaker, who set fire to York Minster, as illustrations of the law in reference to offences committed in a state of mental delusion.
The following witnesses were then called for the defence:--
Edward M'Connell, examined by Mr. MOORE. -- I know the prisoner, Judith Hamill. She lived as servant with my brother. I saw her thrice in a fit, while we were filling oats. She is a little "thick-witted."
John M'Dowell, Esq., examined. -- I am physician to Monaghan jail, and saw the prisoner on the day after she was committed. I saw the committal in the office, and sent for her. After asking her a few questions, she appeared to me to be a person of weak mind. There was something in her appearance which struck me. There is a disease attendant upon parturition, termed puerperal mania. I am not aware, except from what I have heard in Court, that the prisoner is subject to fits of epilepsy. Epilepsy, long continued, has a tendency to weaken the understanding. The prisoner has now recovered. She has received instruction in the jail.
To Mr. HANNA. -- The prisoner was not in a state of excitement the time I first saw her. I consider her at all times a person of weak mind.
His Lordship having charged the jury, they, without leaving the box, returned a verdict of not guilty, being, at the time, in a state of insanity.
COW STEALING.
Matthew Davis, for stealing a cow, near Clones, on the 21st June last, the property of Jane Davis, his sister-in-law.
Thomas M'Conkey deposed to having been acquainted with the prisoner; met him at the head of Fermanagh Street, Clones, on 22d June, driving a brown and white cow; does not know who owned the animal.
James Allen -- I am in the employment of Jane Davis; she lost a cow on 21st June; the cow was on lands about two miles from Clones; never saw her afterwards; prisoner is brother-in-law to Mrs. Davis.
Charles Mills -- Lives in Corcranard; knows that Mrs. Davis lost a cow, and never got her again.
John Davis is brother to the woman who lost the cow, who has requested him to beg that there may not be a heavy punishment inflicted on the prisoner, should he be found guilty. All she wants is security that the prisoner shall not further annoy her.
The prisoner was acquitted.
Henry Gray, Richard Burnside, William Miller and James Gray, for inducing William Miller, before W. M'Kenna, Esq., commissioner of the Court of Queen's Bench for taking affidavits, to personate one Thomas Barron, surgeon. William Miller was also indicted for said personation.
James Gray and Miller preferred affidavits showing grounds for the postponement of their trials till next assizes. Gray had been in custody of the jailer of Newgate prison, Dublin, on a charge of forgery, and was not aware that he could be removed to Monaghan for trial. Miller alleged that a material witness for his defence could not be got to attend. A summons was issued for him, but the person to whom it was entrusted could not find an opportunity of serving it.
His Lordship said he should make no rule in the case. He should not, at all events, take the trial until after of Sam. Gray.
The latter individual intimated that he should be ready for trial on the following morning (Thursday).
The Court adjourned at a quarter to seven.
The subjoined was tried before the Hon. Justice Crampton, in the Record Court, after the termination of the civil business, and before the following jury:-- Messrs. John Boyle, John Cargill, William Burns, John M'Cusker, James M'Wade, Hugh Kelly, John Hewitt, John Sloan, William Hughes, Peter M'Coy, James Quigley, and James Campbell.
FORGERY.
Michael Smith, for forging and uttering, at Castleblayney, on the 1st of August, 1836, a written consent, with intent to defraud the creditors of Thomas M'Anally. Guilty; sentenced to six months' imprisonment
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COUNTY OF TYRONE ASSIZES.
Omagh, Tuesday, July 19.
James M'Nally, for breaking into the house of John O'Brien, at Formal, on the 18th May, and stealing thereout a purse containing one penny and a promissory note. Not guilty.
John Conroy, for assaulting Robert Gibson, on the 26th June, at Donamoney, by shooting at him, with a gun, filled with gunpowder and other destructive materials. Guilty; sentence not passed.
The Court then adjourned.
Wednesday, July 20.
PETIT JURY:-- Messrs. John M'Farland, Nathaniel Alcorn, Edward Moss, Peter Fox, Samuel Hood, Thos. Lindsay, Bernard M'Gurgan, John M'Cutcheon, Robert Hunter, Terence Smith, Arthur Scott, and Patrick M'Farland.
The following gentlemen were also sworn on a second Jury:-- Messrs. James Young, J. Nugent, J. M'Fetus, Archibald Noble, Michael Johnston, William Taylor, Michael Donnelly, Andrew Noble, Samuel Loughlin, George Cunningham, William M'Farland, and Joseph Wilson.
Robert Martin, for feloniously assaulting Francis M'Avoy, on the 28th March, at Anaamor, by stabbing him with a bayonet, also, for inciting and aiding two other persons to commit said felony.
Trial postponed till next assizes, as the others were not amenable.
John Clark, for conspiring, together with John Evans and Pat. Quin, unlawfully to obtain several sums of money, from the Secretary and Trustees of the Dungannon Loan Fund, on the 13th January. Acquitted, as there was not sufficient legal evidence to convict.
Mary Quin and James Lindsay, for unlawfully conspiring, with one Edward Cush, to obtain from Joseph Hodge, Clerk of the Dungannon Loan Fund, on the 14th April, several sums of money. Both guilty but recommended to mercy. Sentence not passed.
William Thomson, for stealing a quilt, bed-tick, prayer-book, &c., and also various sums of money, on the 8th of April, at Clogher, the property of James Ferris. Guilty; sentence not passed.
Hugh Watt, James Howard, and James Howard, for assaulting Samuel Somerville, on the 24th February, at ------; also, for a riot. Submitted. The two Howards to be imprisoned three months, and to make compensation to the prosecutor. Watt to imprisoned one day.
Catherine Wiseman, for maliciously discharging a loaded pistol at the Rev. Dominick M'Cormick, Roman Catholic Curate of Burt, in the county Donegal.
Mr. M'Cormick was repeatedly called, but did not appear.
The prisoner was ordered to be detained in custody until next assizes, unless she finds bail for her appearance. She was a native of the county Cork.
The clergyman, it appeared, had not been bound to prosecute.
John Hamilton, for stealing a drab fustian jacket, vest, trousers, pair of shoes, &c., on the 14th June, at Omagh, the property of the Guardians of the Omagh Poor Law Union. Guilty; to be imprisoned nine months, at hard labour.
John Murphy, for embezzling a sum of money, the 8th October, at Cloughlin, the property of Brian M'Caghey; also, for stealing a coat and shirt, the property of the same person. Guilty; to be imprisoned twelve months, at hard labour. Not guilty of the stealing.
Robert Greer and James Bucke, for assaulting John M'Guckan, on the 23d June, an Linabeg, by discharging at him a loaded gun.
From an informality in the indictment, the trial was not proceeded with. They were subsequently discharged from custody.
Robert M'Keever, a very small boy, for stealing a shawl, at Strabane, on the 28th of April, the property of Arthur Johnston and John Johnston. Guilty; to be imprisoned for twelve months.
Edward Cash, for conspiring with two others, at Dungannon, on the 14th April, to obtain various sums of money from the Loan Fund.
Traversed in prox. till next assizes.
James Campbell, for conspiring with Joseph Campbell, at Lime-park, on the 28th October, to defraud Messrs. Fiddis & Co., of Aughnacloy, by appropriating to their use a bale of woollen cloth, their property, the same having been previously obtained from James Quinn. Acquitted.
This being the last case for trial, the Court proceeded to try some road traverses.
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NEW IRON STEAMER AT PORTADOWN. -- NAVAGATION OF LOUGH NEAGH. -- The beautifully-modelled iron steamer at present on the stocks at Portadown, and intended, we understand, to ply between various stations on the Tyrone and Derry shores of Lough Neagh and the Ulster Railway terminus, is now ready for launching. She is planked (if we may so term it) to the deck beams, the deck itself is laid, and the ways are run out to the river's margin, preparatory to the process of committing her to her destined element. This is the first steamer which has ever been built upon the banks of the Bann; for we may safely say she was built there, although the keel was laid, and a considerable portion of the sheathing completed, at Messrs. Coates & Young's establishment, Pilot Street Belfast, whence the hull was removed, in sections, by the tedious mode of land-carriage, to its present "cradle." The boilers -- which, to economise space, are cylindrical -- have been shipped from our quays, per canal lighter, and are ready to be put on board. The engines -- a pair of thirty horse power each -- will be conveyed to Portadown, by the same route, in the course of a few days. We learn that when launched, the vessel will draw but about two feet of water; and, when loaded with water, fuel, &c., about three and a-quarter -- a draught which will enable her to ascend, even in summer, the principal creeks and emboucheres of Lough Neagh, wherever "bars" do not interrupt her progress. From her construction, she is calculated to go very fast, in smooth water; and will, we doubt not, from our nautical experience, accomplish all that her builders and projectors anticipate. She is not adapted, of course, to the transport of a heavy cargo, but ought to suit admirably for the conveyance of passengers. She is the fifth steamer which has been started upon Lough Neagh -- the Marchioness of Donegall, the Countess of Caledon, the Enterprise, and the Lady of the Lake, having preceded her. One of these, however, is just now occupied merely as a pleasures yacht -- and a second, the largest of the steamers on the lough, built on an American principle- -- high pressure and two funnels -- is laid up at Verner's Ferry, on the Blackwater. The Countess of Caledon -- an iron boat, constructed by Messrs. Coates & Young, and used as a tug for the lighters of the Ulster Canal Company -- is in full operation; and the Lady of the Lake, a tidy little boat, built and fitted up by A. M'Laine & Co., and now the property of Mr. Dargan, is pretty fully employed. We hope we shall, ere long, see the time when the navigation of Lough Neagh -- the finest sheet of water with one exception, in Europe -- shall afford full employment for all these steamers, or even a greater number. We regard the new iron steamer as a proof that Belfast mechanics are competent to construct vessels of that description equal to to those of the most celebrated Clyde or Birkenhead builders.
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The celebrated Barney Cavanagh, the fasting impostor, has returned to his father's cottage in Mayo.
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IRISH BANKRUPTS. -- Patrick Carroll of Castletown, in the county of Louth, linen manufacturer, dealer and chapman, to surrender on the 5th of August, and on the 2d of September. Daniel O'Brien of Carlow, in the county of Carlow, merchant, dealer and chapman, to surrender on the 5th of August, and on the 2d of September.
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CITY OF WATERFORD ASSIZES. -- A RETURNED TRANSPORT. -- Stephen Nash was arraigned for returning from transportation. The prisoner pleaded guilty, and added a remarkable detail of the "horrors of transportation." He said he was put to work in a dockyard, and, because he would not join a plan of escape, he was not sure of his life. He determined to escape at any risk, and made his way to a vessel by swimming. The captain would not take him. He remained for three weeks on the beach, swimming to the vessel through water that was full of sharks -- one day hungry and another day thirsty -- his only food was a musty biscuit and an odd mussel that he found. At the place where he was at work, if a man was only found with a bit of tobacco in his mouth, he was tied under a triangle, and got fifty lashes. My Lord, whatever you do with me, do not send me back; I was miserable. Oh! do something for me. The Judge: The law awards the punishment of death, but I may record it in place of pronouncing it here. The prisoner was then removed.
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