Star. — London, England, 1821-09-25 00:00:00

LIMERICK ASSIZES. MURDER OF THOMAS HOSKINS, ESQ.. The trial of Thomas Gallivan, for the murder of this unfortunate and lamented young Gentleman, took place in the County Court-house, on Monday sennight, before the Hon. Baron PENNEFATEIZR.- The Court was very much crowded. Cornelius Crowley, a boy who did not appear to be more than 14 years of age, was the first witness called ; he did not know his own 'age. The Learned Judge took infinite pains to ascertain whether the witness was capable of knowing . the value of an oath, and after several questions, having expressed himself satisfied that if he swore false he would certainly be punished hereafter, &c. he was examined by Mr. QUINN. He identified Thomas Gallivan, the prisoner at the bar; he knew the late Thomas Hoskins, Esq. he saw him on the 27th July last; be was with him on that day, the day he was murdered at Barnhill, county of Limerick; he was in company with him between the hours of five and six o'clock in the even ing ; le carried a bundle of his clothes; they were returning home to Newcastle; Mr. Hoskins rode en a mule, witness was on foot: they came over the little bridge; after they passed two shots were fired; Mr. Hoskins looked round and exclaimed " 0, Goo .1 what's this?" Hartnett, the sportsman, was present ; Mr. Hoskins then galloped on towards Newcastle; after the two first, there were three or four more shots fired; witness saw the persons who fired the second set of shots; they were fired from between the two crosses on the road ; Mr. Hoskins's . mule received the shots in the shoulder; the mule turned round short, and he jumped off: the sportsman urged him to get up again ; he did not get up, but jumped over a ditch and dykes off the road ; the sportsman, who was mounted, galloped off, Mr. Hoskins ran between the two cross roads; two fellows immediately jumped up before him, one of them then fired a blunder buss at him, and he fell on his face and hands; one of the fellows came behind him, stooped down and fired through his body and head ; " all along;" the same man then turned him on his side, and took the watch out of hi; pocket, and put it into his own coat-pocket; he then took some silver from the de ceased; then turned him on his face and hands again. The witness was now asked, whether the prisoner at the Bar was the person he alluded to? The bey stood up, and, in a collected firm tone, impressively said, placing his eyes stedfastly on the prisoner, de Upson my oath that is the man. who fired the last s hot at Mr. Hoskins, and who took the watch, &c. out of his pocket ;" after that, the same man asked him from whence be came ? be replied, that he came ham Ab beyfeal, and was going on a message to Newcastle, from one police-man to another ; he told him fur ther, that Mr. Hoskins and his sportsman had been coursing, and had given him ten-pence to bring the bundle for him; Gallivan ordered witness to give him the bundle; his reply was, " Here it is, hit or miss," and gave it to him; prisoner then said to wit ness, " There he is over, shot ; and you w—e's son, I'll do the same to - you that I did to him." While the murder had been perpetrating he had been seated on the road ; he was sitting on the grass, and could see Mr. Hoskins. Cross-examined by Mr. O'Cotatat.L.—He said, that he sat because he was frightened ; they came from the bog road ; they two that talked to witness were facing out towards Mrs. Browue's Hill; there was a ditch at each side of the road; witness had been all the day with Nlr.Holcins, the deceased, who had slept at Mr. Haye's the night before; he had breakfasted there the morning of the day he was killed; Mr. Hoskins took a snack at a house in the mountain; tri,tness had eaten and drank also ; they staid there an hour; they travelled a good deal of the mountain looking for hares ; witness did not hide himself when the shots were fired ; he was not in the regular em ployment of Mr. Hoskins; he had been in the service of Mr... Walpole, one of Mr. Going 's police ; left him on Saturday before the murder ; he had also been in the service of Mr, David Dooly ; served for nothing; remembers that Connoly, his predecessor, had been accused of stealing the case of a silver watch from his employer ; he had not stolen it ; was not accused of stealing it ; he was more than a month at Dooly's, who gave him a coat and turned him away. Here the witness burst into tears, and said, Mr. O'Dell, the Attorney for the prisoner, was whispering . Mr. O'Connell, and " makinr , faces" at witness. The Court suggested to the witness that he should answer Mr. O'Connell. The Counsel for the Crown complained that Mr. O'Dell had been making significant faces at the boy, and the Judge censured it. Witness's parents are poor ; they live on charity ; he begged with them ; heard that a reward was of fered for bringing the murderers to prison ; Mr. Hos kins, senior, gave him the clothes he wore ; lodged first information before Mr. Yokes, five or six weeks after Mr. Hoskins was shot ; swore informations be fore Mr. Blennerhasset also; saw Hennessy, and though he had a cut on his face as well as prisoner, he said that he was not the man ; witness swore at the Inquest, he put his mark to the informations, as he could not write ; saw Messrs. O'Brien senior and junior, at the Inquest; remembers no o ther person; swore once before Mr. Yokes, then at the Inquest ; then before Mr. Vokes again, and, for the fourth, time, today ;at the time the murder did not know the man's name who had killed Mr. Hoskins, and had taken the bundle from him ; did tell the man a lie to save his own life; if he told him he was a ser vant of Mr. Hoskins he might have been killed ; never knew where prisoner lived, and does not re collect having seen him before the 27th of July, when Gallivan was taken ; said . before Mr. Hoskins, senior, and Mr. Vokes, that " that was the man ;" did not swear against him until the day that the pri soner was taken to Limerick ; cannot say what time intervened between his arrest and removal to Lime rick ; several of the workmen asked witness if Gallivan was the man? to some he said yes, to others he said it was not ; he did so to avoid being teazed—(Witness' complained again of Mr. O'Dell.--The COURT, " Sit doWn. Mr. O')ell.")—Did not say Gallivan was the man before he was brought in or taken up. From a Juror--" Were the men disguisedr—They had yellow paint on their hands, faces, and the necks a their shirts or cravats; Gallivan, when in his old clothes, looked smaller than he does now ; but pursued witness, " it was the same man, for when he came itosune to strike me, the blood rose up in bis face, and the tut upon it became larger: witness , did say that he would know him again i • did not say he was pock marked ; the other man that was taken up had a cut on his face, but he, witness, said that he was not the man. Youthful as witness was, he spoke with great firmness, and was quite collected. Michael Anglin sworn.—Saw the deceased once; k was more than six weeks ago ; it was at Church town, near Newcastle ; it was before he was killed ; knows the prisoner at the bar well ;'has known him six years; saw him on the day Mr. Hoskins was shot on the hill of Barna ; he was coming across from Slanmore ; saw him before on that day at Lissorula bill ; these were five men with him ; it was a good while before six o'clock ; the sun was " turning,"L e. going down ; Gallivan was armed with a blunderbuss —his companions were each armed with a gun. They applied to witness the night before to go with them ; it was not Gallivan that called on him to do so ; he did not go with them, but went after to watch them ; Gallivan was amongst them ; they proceeded towards the little bridge where the murder was com mitted; heard the shots on that day, heard, he thinks, four at the bridge, and four or five more at the quarry; all the shots were not fired at the same moment; saw the persons who fired them—(Witness was pre vented from mentioning the names of any save the prisoner); saw the prisoner fire at, and strike Mr. Hoskins with his blunderbuss. It was the last shot which Gallivan fired ; he was under the bridge when deceased was coming down the mad ; he was riding ; SAW Gallivan fire two shots, the first when under the bridge, another after he (deceased) fell ; after the first four shots were fired from the bridge, Mr. Hoskins went on his knees; another person then came up and said, " he had get enough : ' the watch was after. wards taken from him, and the bundle from the boy ; the second shot prisoner fired the is certain) after the deceased was on his knees; witness was in a field in side a ditch opposite the road. Cross-examined by Mr.O'CoNNELL.—Yes, he would be ready to prosecute any man who committed such a murder; knew prisoner at the bar very well; he lived within two miles of Newcastle; Mr. Hoskins was shot about the hour of five ; does not recollect precisely : deceased was about one hundred yards from the road when he was shot ; does not know whe ther the prisoner would or would not find any diffi culty in ',getting a good character; witness, on his arrival at Newcastle, was seized by Mr. Hoskins, sen. and a pistol was taken from him by that Gentle man, out of his bosom , he was confined for three days ; was told by a Gentleman in Newcastle, that he would get one thousand pounds if he would put down the names of those who had fired at Mr. Hos kins, jun. did not know if prisoner remained at home : could not say positively, heard that he did not fly the country; the persons who committed the deed were disguised; they were Coloured with yellow ; perhaps ochre ; would not know any one in the disguise they were in; not even his most intimatefriend ; did not re main looking at him. • John Hartnett, the sportsman to Mr. Hoskins, as he was called by a former witness, was with the deceased on the day of his receiving the mortal wounds; they had been coursing ; was with him on the hill of Barna ; when deceased and witness rode across the little bridge two shots were fired from behind at them ; the boy Cornelius Crowley was with them, they had galloped forward shortly after the shots were discharged; some of the fellows then ran on and fired across them from the quarry ; after Mr. Hoskins was off the mule, witness followed the animal, seized it, and begged deceased to get up again; he did not reply, but leaped off the road, and faced to wards the hill; witness saw six of the party who had fired ; two men ran from the bridge, and two who were before the deceased, one of whom closed on him, the remaining two hovered about the bridge, and pre sented a gun at Mr. Hoskins, the other struck at wit ness, who rode off to some distance ; he then turned about, and saw the party closing about Mr. Hoskins, who was then on his knees, he thinks; heard one shot fired after that; did not wait to see the effect of it; saw no more of the little boy (the first witness). Cross-examined by Mr. O'CoNsm..—Witness had remained where he was after the murder; after Mr. Hoskins lay seemingly dead, the perpetrators danced and played on a fife for about an hour ; witness got a breeches from Mr.Hartnett ; thinks he will be without clothes (his coat was ragged) till he earns money to buy them ; expects no clothes for this testimony; never lived with Daniel R iordon; and (addressing Mr.O . Dell) "I am telling the truth, although you are looking at me !" Did not see them drink after they danced ; saw them after the murder ; their faces were painted yellow ; they were not painted when coming from Lissorula hill ; five of them danced; one played a fife; witness was not examined at the Inquest: he swore his informations on the 14th of the present month ; never told any one he got anything for swearing ; never told his father so ; "he had it not to tell " be ought perhaps take some of the reward if he got it ; 'saw the persons who fired two miles off; knew them, that is, knew them when they came near him. T. P. Yokes, Esq.—ls a Magistrate; saw the first witness at Mr. Hoskins's funeral; Gallivan was taken by a party who went with witness on the morning of September 6; first witness saw prisoner on that morn ing, and several times afterwards; prisoner did not fly. 'The Judge handed down two of the informations sworn before witness, which were not dated ; witness admitted that it occurred in the hurry of business. Henry Ashe, son of the Rev. Mr. Ashe, knows pri soner at the bar; he lived with him for 'about two lyears as herdsman;. his character was a very good one; on the 27th of July he was going to Glen; met his brother at Shannon Castle; returned with him and Mr. Lloyd to Craver; returned at five o'clock on the evening that Mr. Hoskins was killed; prisoner ran from the field in which he worked to_take his horse; he knew the hour accurately, for within a few fields of his own farm-house, he took out his watch; it was going; it wanted some minutes of five, and he gal loped his horse home; prisoner was in his working dress, and not disguised in any wni; Shanahan was Iworking with prisoner; heard of the murder about an hour after his return; was to dine with Mr. Par ker at half-past six. Cross-examined by Mr. GooLD.—Witness was un- 1 armed; did not see James Barry at the farm-house ; owed him no money; owed Guirey money for sugar and tea; owns the kitchen part of the house; until he went to dinner Gallivan remained with him ; he came to him on business immediately after he had put witness's horse up; heard the account of the mur der from a messenger of a Mr. Shaughnessy; spoke' to Mrs. Parker; asked her if it was true that Mr.lros- ; kin% the deceased, was killed? She told him that it was true; did not hear that any one fled for the mur der ; beard of the inquest at Newcastle; received no summons to -attend it; beard that a summons bad ! been issued; only heard it, at Abbeyfeal, last Satur day week ; did not attend the inquest. Baron PENNEFATHIM summed up the evidence in a perspicuous manner, and commented on it alter he had read his notes to the Jury ; he dwelt much on the alibi just attempted to be proved by last witness, and on the possible errors and biassed dispositions of , the witnesses. The Learned Judge concluded a lc urinous charge thus—" Gentlemen of the Jury, you will judge with care, you will deliberate fairly and impartially, remembering that in one band you hold the justice of the country, in the other the life of a fellow-being. On the whole, if you have any ra tional doubts on your minds as to the identity of the prisoner, for on that everything depends, he must have the benefit of that doubt. The law, which is always as merciful as it is impartial, says, that it is better that 99 guilty persons should escape, than that one innocent person Should suffer. Gentlemen, doubtless you will exercise your solemn and impor tant duty firmly and conscientiously ; you will ac quit yourselves as. becomes you, and you will dis charge the trust vested in your hands by your coun try, in an adequate and laudable manner:' The Jury retired at six o'clock, and after deliberat ing some time, returned a verdict of Acquittal for the prisoner at the bar. GUI LDIIA L L.—Wednesday last, Charles Crowder was put to the bar, charged on suspicion of being concerned in a burglary in the house of Mr. Webb, in Fore-street, when Reynolds, a constable, who had previously stated that he had known him for many years, refused to swear to his person, and he was dis charged. This conduct of Reynolds exciting some suspicion, an investigation took place yesterday, when Mr. Webb, whose house had been entered, stated, that some time previous to the apprehension of Crow der, Reynolds said he could have fifty pounds not to know the man. Reynolds did not deny this conver sation, but said that no such thing as fifty pounds, or any o ther sum, ever entered his head, till MgGuire, another constable, told him he thought he might have it. M'Guire was then called, who said there had been a good deal of conversation among the officers about Crowder, and he believed he did tell Reynolds that he dare say he could get I:50 or £lOO, and there would be an end of the business. He had often heard Reynolds state that be knew Crowder very well.— Harrold, a watchman, who came to the assistance of Reynolds of the time of the robbery, stated, that Reynolds told him he knew it was Crowder, and that he could take him in half an hour, but they did not go to look for bim. J. Botfield, a constable, assisted Reynolds to take Beavan in Moorfields, when the former told him be had known Crowder from a child, and he dare say they could take him in half an hour. Upon this he offered to accompany Reynolds for that purpose, but Reynolds would not go. It ap pearing that no bill had been presented to the Grand Jury against Beavan, Mr. Webb was interrogated upon that point, and stated that Reynolds told him that he thought nothing could be done with the pri soner, and, in consequence, he did not atttend with his bill. Mr. Alderman WOOD observed, that how ever strong the suspicions, there was no actual proof of the constable's having received money to withhold his evidence, nor was the testimony sufficient, he feared, to convict him of perjury. He could not, therefore, under the circumstances, direct him to be indicted. He was, however, a very unfit man to be a constable, and he should discharge him. MARLBOROUGH-STREET.—Yesterday an inquiry took place relative to some property stolen from a caravan, the property of Lord Radstock. A carman was employed to remove some goods from his Lord • ship's town house to Tunbridge Wells, and instead of going the direct road, the carman drove home with the goods, to take his sleep, leaving, as he stated, a trusty dog in the caravan; a box, however, containing some valuables, was stolen, and the box, emptied of its contents, was found in the ruins of some neigh bouring houses. Plank, the officer, is employed to investigate the case farther. MARY-La-Boma Oreice.—Yesterday the Office was thronged with tradesmen, more especially licensed victuallers, to hear the decision of the Magistrates, Messrs. RAWLINSON and GRIFFITHS, on an informa tion, wherein Mr. James Proctor, landlord of the Prince of Wales,. in Great Barlow -street, Mary-la- Bonne, was charged with unlawfully using and having in his possession sixteen pewter pint pots, without the Exchequer mark or stamp (W. R. and a Crown) im printed thereon. Mr. GRIFFITHS, the Magistrate, considered the Act of William 111. was made only to prevent short measure; and that in order to detect the same the Legislat ure had caused a certain mark to be imprinted thereon, which he considered to be a mater of convenience. The pots found in the pos session of the defendant were not proved to be de ficient of their due measure, consequently he did not consider the information to come within the express meaning of the Act ; which, together with the infor mality of the information, caused the case to be again dismissed,to the infinite satisfaction of all present, and to the discomfiiure of the informer. EXTRAORDINARY CIRCUMSTANCE...--AbOUt six weeks ago a Clerk in a Merchant's house in the City quitted the country, having committed a forgery upon the Banking-house of Sir J. Esdaile to the amount of £5BO. Application was immediately made to the City Magistrates upon the subject, and Samuel Fogg, the Marshalman was selected as a pro per person to follow the delinquent and bring him to the hands of justice. Fogg having procured a war rant for the apprehension of the Clerk, followed him to Holland, where he accidentally discovered that the object of his search was on board an American ship. He instantly proceeded to the ship, but had at this time no authority about him but the warrant granted in London, and felt aukwardly upon findhig that the delinquent was within. his grasp, and that no legal controul could at the time be exercised over him.— The conduct of the young man, however, removed all uneasiness of the kind, for upon being spokes to by Foggl he said, " I know what you are come about: do not expose me; I shall gladly go with you ; indeed I have been miserable since I committed the offence, and I am rejoiced at the opportunity of going and throwing mpelf at the feet of my late era-, ploTer ; I should have done so before, but I stai ashamed, I had spent so much mo ne y." But althounit the Clerk had expressed in the strongest terms ' wish to return, the Captain, wh o i s an American strongly opposed his determinat ion to l eave the ship ' and accused Fogg of having arrested hi m in defi.e,i; of the authority of the country. Th e Clerk, ho.„ ever, declared that his employer h a d sent a rnesso°- ; to him by Fogg, and that compul s i on was not nt cessary to make him obey; this assurance had the desired effect, and Fogg and the Clet k left the .1 1 4, but had not proceeded far, when they were nvera - ke n . ' by two of the Spravindale Police, who broitol: then into Dordreight; took them before the Ma` , ,i s t rateg and accused the Marshalman of havin g app e ' te i lende i a man without an application to the Auttunitie the place; notwithstanding the assurance s of the Clerk that no arrest had been made. Fogg, t h e Clerk, and the servant who attended F ogg , x`v elem into confinement in a Hotel. After some etar n h l , tion before the Magistrates, to whom Fogg declaki his office, and produce) his authority, that Offi cer was locked up in a dungeon under ground. Fort first week he was allowed nothing but bread and water but upon writing to the Chief Nlagi•trate, he obtained leave to eat meat at his own espense• Far upwards of three weeks the Marshalnian remained in confinement. The Clerk and the se:van; were la this time at liberty ; but the former never made an attempt to leave Dordreight until he was advised by Fogg to go to London, throw himself upon th e mercy of his master, state what had occurred, and cause some interference to be made to prevent the continuance of the harsh measures at Dordreight..... The Clerk was punctual to those leknhgaaatigietimpioieisbsii,lacibieutt.ot soon alter his departure Fogg was liberated, having been declared honourably acquitted of the charge s against him in open Court. There was some demur about returning to him the money, which the Clnk had originally given him, and which had been taken from him; but he insisted upon getting evciy tat thi ng , a p n ed d it h io a n v . ing o o i b le ta o i f ne th d e it fi , r se m t H w eniumn namottt) yesterday applied to the Magistrate order that the money given by the Clerk to•rogg should be delivered to the firm. This was eventually done. We understand that the Clerk i s about to leave the country. • B I RTII S. On Friday the 21st instant, at Itutland-square, Dublin , ti, onntess of Longford, of a son. Saturday, at her father's house, Highbury-hill, the Lady d e late Bev. Henry Grace Sperling, of a son. Wednesday, the Lady of Sir Thos. H. .Icland, Bart. at HI rton, of a daughter. Thursday, at St. John's Lodge, Regent's Park, the Lady harles Augustus Tulk, Esq. M.P. of a son. Wednesday, the wife of the Rev. R. Webb, Minor Cm [' St. Paul's Cathedral, of a son. Thursday, in Berkeley-square, Lady Mary Fitzroy, ni a 101. MARRIED. Sept. 17, at Kilmarnock, Finnie, Esq. merchant, Lis bon, to Miss Brown, daughter of William Brawn, Eq. mass &curer, Kilmarnock. Tuesday, Lieut. John Laplain, late of the 56:h licginustit Foot, to Miss Richardson, daughter of Mr. Thos. Richman', of the Buck Inn, Pocklington. DIED. At Versailles, on Saturday the 15th instant, Thomas C.dier, E4l4st.f Grafton-street, Bond-street. 15, aged 38, Maria, wife of the Rev. P. Brost; ID. Minister of Haworth, near Keighley. Sept. 5, at Haverfordwest, aged 92, Mr. Robert ltw. This veteran served in the fleet under Admiral Hawke, wvaw being engaged in the reduction of Belle'sle, Manilla, Maniac; St. Luck, Ste. lost an arm at the taking of Havanna!), on hal the Dragon. NEWCATE axe LEADENH A LT. MARK ETS. Saran. (By the Carcase.) Beef 2s 4d to 3s 4‘l Veal 3l 4d to Si d Mutton-- ...... 2s thl to 3$ 4d I Pork os 4d to ss M PRICES or HAY AND STRAW YESTERDAY IT. JAMMS ' I. W IT ItiCMA FEL Bay 31 5s Od to 41 4s Od 11ay... 31 10a to 41 4111 Straw 11 10s Od to 21 2s Od Straw 11 los to 11 ltio Clover 31 7s Od to 41 15 Od Clover 41 Os to 51 Os 01 PRICR OF HOPS, per Cwt. New Pockets—X2 5s to £3 10s-1n Rigs, £2 101. to Al. Old, £1 81. to £9. tits. PRICE or TALLOW, SOAP, &e. per 31216. Town Tallow 49s 6d Ditto rough 2k -Yellow Russia ... ..... 47. 6d Yellow Soap White ditto Soap ditto Melting Stuff 36s 04/ Palm RAW II IDES. I Best Heifers and Steers (per Ordinary ... Os Od to 21 41 stone) Os od to 5 4d Alarket Calf 9s Od to os li Middlings os od to 5s od Eng. Horse Us od to o, of Sheepskins, Is ed to is 104—Lambs, tis 2d to 2s la PRICE OF LEATHER . Botts, 50 to 561bs each Lid to 24d pnlik Ditto, 56 to G6lbs each 2ld to 221 Dressing Hides s. 17d to lei Fine Coach Hides 19d to 20d Crop Hides, 35 to 401bs for cutting i7ll to 1811 Ditto 45 to 501bs 181 1 to 204 Calf Shins, 30 to 401bs 271 to :14 Ditto 50 to 701bs 26d to 294 Ditto 70 to 901bs 25d to 284 Small Seals (Greenland) llll to 194 Large ditto 1•:d to 164 Tanned Horse Hides l6d to 194 Spanish Horse Hides 18d to tiil - - COAL MARKET. SEPT. 24. Ships at Market. Ships Sold. Price. 50 Newcastle 54j 514 Od is 4St a 61 Sunderland 611 558 64 to 4 4 * 6 1 I Culm 2 336 Od to °"" —....--...-. COURSE OF Amsterdam l2 16 C.P. Ditto at sight 12 13 Rotterdam... l2 17 2U. Antwerp, ez-mo 12 9 Harobtirgh 3B 1 2 U. Altana 3B 2 2 U. Paris, 3day's sight 2.5 70 U. Ditto 0 6 00 2U. 31adri41. effective 36 Cadiz cffect . Barcelona Bilboa, effective 354 FXCHANG Seville ..... 3sl Gibraltar ...... 308 Leghorn ......... 47 Genoa ..... ....... 431 Venice Ital. Liv. 87 la Malta ..... 45 Naples ........... 391 Palermo ...... 118 pet Lisbon ......... . 80 Rio Janeiro..... 44 Dublin ............ 9i C0rk............. PRICES OF 601.1 Foreign Gold in Bars . New Doubloons New Dollars Silver, in bars, standard-- D S L 1 07: 11 0; MAILS Tills DAII%.A RR. DUIL Dublin 1 0 Waterford 0 1 Guernsey and Jersey 1 0 Holland 0 0 Flanders 0 0I Malta 0 0 1 Aim res, Lisbon g • France 1 Ilamburgb 1 g Gottraturgh I I Leeward Islands - Jamaica °i g --- , MIDGE TO-MJillto'• - 8 mina's 11%0'8 HI G H WATERat LONDO, Nlcrning Aft'. moon . LUNDON Pixted vt.tpMDlishrdhy rracx, Torply-131f. .