The National Register. — London, England, 1814-09-11 00:00:00

57S IRELAND. ROBBERY t T D iNG AN. The following ease, one of the first brought in Treistrl upon 11n *tante of Winton. 4:eri yes an Wriest from the f /vile of the robber) DAilean is the arriect f a mily se:it of the Wellesley family: it way , the birth place of the Duke u: Wellington. ASSIZES, AUG. 1814. Timm ‘s nußnowvs, ESQ. PLAINTIFF —THE INIIABITANT 4 OF 'IIIE ntittokiv OF LOWER 410TFENRAG1I, IN TILE COUNTY OF MEATH, F(NI)ANTS. Air. Grattan stated the declaration : it was brought upon an ori ginal writ of the Court of Kini:'• hunch. It stated, that Thomas Burrow - es, nho sued as will for the King as for hinvelf, com plained, that certain malefactors to him, and also to Humphrey Doyle, the servant of the said Burrow es, unknown, on the yr,ti. day of October, 11313, at Daugan, in the parish of Laracer, within the liaiony of Moyfenragli, in the County of Meath, did assault and rob the said Doyle to the vinount of 7491 Lis. 7tl. the property of • the said Boum% es ; that said Doyle, immediately after hiLt. 111,1 bevy, did make hue and cry, as directed by statute, hut neverthe-• )e.s the said defendants have not )et masle any amends to the said Nolo.. es, for the -aid robbery ; our have apvrehended the bodies of ale aim esaid felons, nor the body 4 any of them; nor have they answered tor the b die• of any of them, or the body of either of them ; but have permitted the said offenders and felons to escape iiaa contempt of the King, to the crest damage of said Butrowes, and the damages were laid at 10001. Mr. Jcbb stated, that the question to I , e tried wag of the highest importance to the public. The lands of Danynn were situate' within Ilarooy et Moyteuraeh, and had been demised uy col. llnrrowes to HoLtcr O'Connor, Esq. lie now proprietor, whose rent wag payab'e half yi ally, and was nsuall, received by Mr. gregory, amigo, y, the Colonel's al:eta—hut owing to tardy payments, 31r. G. was under the necessity •of resorting to legal process In Oemibcr, 13 . 13, the last May rent being in smear, 7111 . . G. received a note from Mr. O'Connor, lamming him that if he went to Dangan the rent won!d lie paid; hot it not be,ng convenient for Mr. 'crave Dublin he wrote to Mr. Humphrey Doyle, of Trim, to whom Ise sent a receipt, requestior him to receive the rent from Mr. O'Connor, ammiting to 7501. Mr. 1)(i le applied to — Mr. O'Connor, who appointed a particular day for payno nr. Mr. Doyle, - on the day appointed, accordingly went to Daugan. Humphrey Doyle was examined. On the day appointed flsr pav ing the rent he went to Dation, between eleven aunt twelve o'clock, 'where Mr. O'Connor resided. A mats' met him at the gate, who informed him he was waiting, by Mr. O'Connor's orders, to take Lis hor.e. and directed him to the place where he .world meet hi% nne.ier. He iteeordingly went to a house at a distance from the road—it was the garden house—here he met Mr. O'Connor. They sat down, and Mr. O'Connor desired his son Roderick to go for the stocking. Roderick went, and soon returned with a stock ing. in which were hank notes. Roderick delivered the stock inc to his rather, who then desired him to go about his business; and the witness only remained with the elder O'Connor. After some conversationO'Connor paid him the rent, amounting to 7501 and he gave him Greeory's receipt. He asked for pen and ink to mark the notes ; Mr. O'Connor said lie had no such thine. He then mile a metnotandum of the amount with a pencil, and put it, with the notes rolled up, in a handkerchief, owl put the Imilkerehiel into liig coat pocket. lie had not gone more tlnni a few perches from the house where be received the rent, le:ofing to the avenue %vilely lie had left his horse. when a person he did not know ran ft ma be hind a bush; his face was masked with a piece of cloth He threw hint &wit by a violent posh, which made him trip. A second p ris on NMI(' erp. They tied him with cords by the wrists and the fret, and lett in a faint. When he recovered, he found he si as tied to a tree; by tench labour lie contrived to get one hand into hiv waistcoat pocket, where he found a pen knife, with which l i e cut the cord that tied Isis hands and less, and a 1 ,49 extricated limn the tree to whirl' lie had been tied—his wrists were b:ackened with the cord. 'the whole of the mimev and the hand. lk,ocitier %%ere taken from him, lint lic knew not either of the per- F ens who robbed bins. On reroverite! he seturned to the uarden n-c., where lie met Mts. Smith, who gave him a drink of water, and its a short time Mr. O'Connor name up. to whom he told his a‘ he bail now related it. Mr. O'Connor seemed nmeh licap.i3L‘i di ti,e reltatiue4 dud said lie believed time were robbers SEPT. 11. on the Oen e-ne ; two straoge ,d 'teen seed barking since Monday ;he Interco to him.: l wortmee Iron , the farm, and search neighhourhood; the witiless ...aid it via- w etess • Mr. O'Connor aid, that on ast arch, the money - might be found ' bid, perhaps in the thatch of some cabin ; h• trl iieet, th, y merlin t. tie timnd now ; witness got his le r-e, and, bei!..g vet y weals, rode home to Trim: in the course of the dos', he made ao affidavit tit the robb.-rs before the Rev. William Elliott, a justice of the peace for the County of Mead!. Dj3le, on his (TOSS examio:Aion, stated that he wag not servant w to any person—that he as k col otter ie Meath and Posi nia .t er o f ; that the robbers tied him to a him el tree ; that he w as l) gailL.Vd, and did not cry on' : that he tainted for fifteen mi nutes ; he extiicated himself ny contriving to get his hand toto - his pocket, flow which he took a koife. at it toe rope s. Mr. M'NALIA, tins the dekndautt, said, he had seen bur one re cord of a similar nature, tr hich 11A la en ivied iu t:,e mo m ; of Waterford ; but. in England ttich actions were freve..tly brought. He entered hit° the histoty of the statute of %Vinton. The great Alfred divided 11w country into counties and those counti e s i nto lomoreds. Iu his reign), peace and qui , tude pervaded the people ; as an aerielit author has oleeryed, a mini might tiltvel all over Eng land with his purse hanging to his saddle bow ; but in the reign of Edward t. banditti inhabited the fores:s, and pestered the traveller on the roads. Who has not heard of Robin Flood the ltlth year of Henry Vll. the Irish Pao !lament adopted the statute of %Vinton, and, in the 11th year of Charles IL another statute wind' he had cited, was enacted. But the institution of Hue and Cry was of much greater antiquity than Edward I. It is men tioned by Bracion, as existing as common law ; atld the statute of Winton, ao.d those which follow, merely COUtalli provisions tOr en forcing the old police anti obtaieining stew regulations. He made several OSerVatiollS on the improbability of the transactioo, and the interest. which Doyle, the witness, had, as to the character aoti to pecuniary objects, in obtaining a vet diet for plaintiff. Roger O'Connor being sworn, stated, that Doyle look down the :lumina of the notes with a pencil. folded them in a handkerchief, with the penciled memoraodum, ard put them into his pocket, said he was in a hurry, having to settle the account of a 31 r. Bathurst': auction ; after paying the rent. he walked with him some length, then went a co:army way, and in Bitola ten tounit-s heiril Doyle say lie was robbed. Doyle said it was no Affair of his ;he would not be at the loss, for he would go to Trim, serve notice on the church sea Ilk us, and recover the motley of the county. 'I wit ness ear. city rt•quested of him to spew time.pot the rot). !wry was committed, and raise an alarm—this he declined doing, Witness also told him, be would collect his men, meet Into at night, advised a party of dragoons to be got, ;sod said, he woolil assist with his men, in searching for the felons.—The, le, at this time, alleged there was hut one robber—then said, he illtagihrti there wit; but one, but their might he two : he examined arms—Utile were no marks of a rope, nor did he see that the cords where rut— . nor did he hear any outcry—nor did any other penult, though mdny were on the demesne and near him, ilea,. hint cry out—lie xt last spewed a spot, where he said he was robbed ; but the grass shewed , no marks of pressure. Doyle begged patdon and said that was not the place, and led the witness to another place, and said. " this is the Plitee where I was rubbed," which is on the opposite side from the I first place pointed out by him. The witness said, there was ou marks of any person having been laid on the ground, nor wilere there any marks of the fir deal seed on his great coat. The with( 55 I then proceJded with his workmen, to se.ireli the demesne for the robbers : he soon returned, and saw Doyle, who w a s complaining to the men who were thrashing, in the barn, that he had hien robbed. This barn was convenient to the spot where Doyle said he had been robbed. Lord Norhery, in his charge, brought forward all , the leading ie.:tarts of the case, and said, the Jory should find tot' the plartiti it ti.cy gave' audit to the testimony of Doyle, and it appeared that he had been released from ati interest anti future liability for the plaintiff. As the defendant's counsel had sigh mitted several poiA4 ef law to the Court, a verdict for the plant;if efaild work no ; tar, if these legal points wt,re well grounded Quid he would give 1 1 110 opinion tot tilt m, but leave them to the court above), the de j fentiants would set the verdict aide. THE NATIONAL REGISTER: ..... ..... _ _ _ 'lle July found for the plaintill-I).intages 7501. with coats. The Wegmenth Journal states as follows :—" Or Nlninlvv last, about right o'clock, a most iv.trid lis,ast.iilation Wis perpetroci!, about a quarter of a mile (runt town, nc-::r Springfield. As ('Keith, Esq. of liveriela, in the county of (..',:i van, •vis riding int. , emit, fur the purpose of receiving rents, as agent to MD. Tidbqt, on the _. -