The National Register. — London, England, 1817-08-18 00:00:00

let TRIAL aal ACQUITTAL of Mr. O'CONNOR. We noticed therommencement and conclusion of the proceedings in cur le.t number. The fellowieg is the substance of the evidence:— R. Waring one of the inibriners, and• wisest brother was hanged tot being concerned in the robbery in question, stated that he 'einem., beret! the 2d of October, 1812, and was,prieust at the attack upon the reach from Dublin to Clonard, at Chappughi-hill, in the county of Kildare. He gave.s long acceunt of tne robbery. and detailed the pettmehrs of the division of booty at Dungan, in the presence of Mr. :)'Connor, the share which fell to the lot of Mr. (EC., &c. He posi tively swore that the prisoners. Mr. o'l. and Mr. M•Keon, dill, to use the phrtscology of the indictment, "at Dangan, in the comity of Meath, feloniously intice, move, procure, and assist, counsel, hire, , and command said R. Waring to do and einionit said robbery." M. Owens commenced by stating that lie knew Mr. OX'ormor, and Was . in his employment as a latourer—recollechel the rubbery of the Mail on the day laid in the indictment—was one of the party who robbed—that previous to the rubbery M•Keon called upon hint, and sated that Mr. O'C. wanted to see hint—that on his going to Dan gen, Mr. O'C. asked him a Iwther lie would join in robbing the Gal way Mail—duittwitnees replied lie would, but hail not arms enough— that Mr. O'C. said that lie would provide anus—that witness said, he wanted men also, having only tour or .five at conimand—that Mr. O'C. mentioned Heavy end Savage, two persons who had escaped trum Trim gaol, and were then in the wood et* Dungen, would join —.that utter considerable consultatiGn with Mr. O'C., it was finally agreel that t h e following should be the persons employed:—The -MO Warings (Richard and I/aniel), tile two Owens (alichael and J ohm, Shier and Shim, lleavy and Savage, and theyrieoner NPR eon. That it wils settled that all these should assemble at Dacgen, on the evinungol the robbery—that they all did meet, with the exciptien of Wanfig, (the other tipprovere—that Nl•lieon was the piesem who • 'menet the gate for them. After a consultation Mr. O'C. brought witness down to the stable yaed and delivered the necessary arms, e;edier with la rounds of ball cartridge, and a paper of guinetwder. Witness proceeded to state, that all the party, thus provided, with the exception of M•Keon, repaired towards Cappegh-hill. D. War-. 41 g met them on the way. When they had arrived near.thcir deo *illation. witness dispatched all the party but Shaw to theaurnpike gate to tie it up, and to take away any arms that might be in the turnpike hense. The gate was secured, but beforeelnehouse could b: ransacked the coach approached. It was challenged to stop, on which the paw:tigers callett out to the guard to fire, and all the party but the witness and Shaw retired. The latter tired upon the guard, -and killed him. He then mounted to the scat of the deceased, 'threw him over,' and took away the bail. All this time the witness stood at the head of the horses. The party that retreated soon came up, avid proceeded to drag out the passengers and title their pockets.— The only passenger respected was a Priest. Having accomplished their purpose they all returned to Dangan. Mr. O'C. was the person who received the party. On opening the gate he expressed a hope that they had got good luck. He then called Al•Kuun, who was his gate keeper, and all the party proceeded to a private part of the demesne, termed Saints Island; they there waited until day-light, and then proceeded to ascertain the nature of their booty. O'C. sat on a ditch, and the remainder on the grass under him. By OT.'s direction they placed a hat in the centre of the group and deposited all the money in it. O'C. next divided the booty. Each man's share of the notes taken out of the letters amounted to 4501. Each person's share of the money taken from the passengets amounted to Oa O'C. took the same proportion which the others got ; but he compelled Heavy and, Savage to pay him tool. each for the protection he had afforded them when they had broktn out of Trim gaol ; the arms they brought back to Dangan, O'C. saying they would answer for the attack on the Enniskellen Coach, a ilich was then intended, it having been understood that it was conveying money to the army.— Witne.ss had been sworn to secrecy by OC. on the Ist of January, , lbl2. The object was, that he should rob fur arms, and become a Carder. A part of the oath pledged those who took it " not to pity the moans or groans of Orangemen, but to wade knee deep in their blood." O'C. stetedthat when he should have a sufficient number of Carders embodied, he would surprise the plans of Government.— W itness had been tried for the NI all robbery and murder of the Guard, and was acquitted. -lie then went to the County Cavan, and was wrested and tried there for passing someof the notes which had been taken out of the Mail, but was acquitted. He was afterwards taken up for a robbery in the County of Dublin, and was tried, convicted, and sentenced to death in February, !bra About three weeks after the sentence, he gave in'onnation. He had been attended by his Clergyman, and had made his confession in consequence of the ad- ! vice he received from him. A Captain Mockler had called on him at Kilmainhara, a few days previous to the day appointed for his ex .e cation, from whom witness understood there would be some hopes of pardon if he made a discovery. Witness thereupontobserved,lthat as for Mr. O'C., he had always given him the best advice, and that she would not be where he was if he had taken his advice. Witness was asked, whether it was true that Mr. O'C. had given him the ad vvice, oral he answered, it was not true. Ile was then askte4b7.aJuror, -whether at the time he made that statement to Alockler,lus Clergy man had not been attending him, and for a considerable time pre vious ; and whether he had not received thmSaczament from him.— To which be replied, that his Clergyman, Doctor Lube, had been ...attending him nearly three weeks, and that he had administered the bacrainent to him at different times. The day of execution was drawing near, and Dr. Lube had held out no hopes of his being °saved ; and that,Motwitlistanding all these circumstances, he told the falsehood to Mr. Mockler, not wishing to implicate Mr. O'C. The day after the conversation with Modeler, Dr. I.ube had called on him. Witness then told him he had something particular to communicate ; that hopes of pardon had been held out to Inns if be would give in formation, and wished to know whether it would be criminal in him to give information against hie accomplices. Dr. Lube answered, it would be doing agood act to rid the country of such characters, and advised him to give the information. Wleness then wrote to Cap • tarn Mockler, who came to him ; and he di-closed every chills.— Mockler was accompanied by Alderman Daley, who took wituess!e• informations. On his cross-examination by Mr. Bennet, witness said, lie knew --here were such places ashen and heaven—that he expected to go to •heaven. He was at so many robberies that he could not tell the namberof them. One of the blunderbusses found at Mr. O'Connor's .4wid been token out of the house of Richard Waring, and he was pre. -sent on the occasion. Ile assisted in taking the other blunderbuss from the house of Garret Dan Iticlaanlson, in 181::. lie was also pre sent at, the carding of a man named Wahl]. He held Walsh while - Waring carded him. The reason of his being carded was, his hav ing been uriderstoudeo be a bad man in the parish, and one who would slot contribute to the poor. He did not know whether Walsh had • contributed to! the poor or not—nor was he asked whether he did or not whewhe was carded. He did not doubt but Walsh was a Cacho- • lie. He did noteeind what his religion was, though the oath ad ' ministered by Mr. O'C. bound him not to mind the moans or groans of Orangemen. Lie did not knew whether himself or Waring (the other approver) was. the greater villain. Ha was robbing since v ; •he is now WI, and thought he deserved hanging ; it would be better 'for a man to be hanged than take a false oath ; it would , nevertheless, *be better to tweak the Carders oath, which he had taken, than keep. .it. He admitted he W2lE:ever employed to wosk directly by Mr. O'C., -but was employed! by itl'Keen, who was Mr. O'C.'s task-nun; 11• Keen was not present at the dividingef thebooty, being employed in keeping the ether workmen from tne place where the booty was divided- Al'Keon advised him to have nothing to do with mail rob beries, as it was a bad biriness, and would cost him his life. When ,ate first called on Mr. O'C. he) was not boiled to secrecy. ; Howse not an the habit of going into Mr. o"Ce's parlour; when emet him on *the demesne, he generally put his hand totes hat : when be took of ids hat, Mr. O'C. would desire him to put it on again. Three of 'Woe man had bees hanged since the robbery. They did stout men, rand gave no information against Mr. O'C. Ile had taken potato groud from Mr. 0'(.., and Mr. O'C. would not a ll ow th e otatoes albs =oven until .they were paid for; was not at home w hets the THE NATIONAL lIEGISTrIt: refusal was given; he believes his brother-in-law passed his note for the price attic potatoes; Mr. O'C. afterwards processed his brother. itt-law for the amount of the note. Mr. O'C. and he, used to have religious discourses. A Juror asked, "What religious discoutaa; The witness answered, " Carding ;old taking of anus !" Mr. Luke continued the evidence of Ow en, as to the a& ice which he bad given him. Quesuon by Mr. M•Nally—Did witness believe it was with a view • to save Ms life, that Owens gave the information ? Mr. Lube said, he " verily believed it was." Mr. Thompson, the Crown Solicitor, dated, that he met Mr. O'Connor in Naas at the period of his trial of the brother of Waring who was hanged for robbery, and that on asking hint whether he would give a character of the mttlirtunate person who suffered, he (Mr. O`C..) declared he would not do so. It having been thrown out that Mr. O'C. did, notwithstanding, appear to give a good character of the culprit in question. Mr. Al• Nally and Mr. Nl`Guire were called, to show that Mr. O'Connor had persisted in withholding a comuterulation frem War ins. Certain blunderbusses were robbed from a person named Dunn, and he was produced to shcw that two, which were found by Alder man Dailey, in Dangan Castle were his property. The Son of Mr. O'Connor proved, that he had found these blun derbusses in a rabbit hole, and did not know to whom they belonged. The under gaoler of Seiegate was produced to slicw, that Mt. O'Connor had VaIkILLO see Waring, when he was confined in that jail. Gilbert, the Police Offieer, who arm:tell Mr. C'Conuor, swore, that Mr. O'C. on asking him why he was arrested, and receiving tin an answer, that he (Gilbert) cmild not tell, exclaimed " these are the doing, of that villain Owens." Here the cense on the part of the Crown closed.' The defence con sisted only of the examination of two witnesses, Sir F. Burdett and an agent of Mr. O'Connor, resided in Cork. • Sir Francis stated fans to exhibit Mr. OTonnor's aiCtintrrestedness and high and gentleman-like principles. lie mentioned, that Mr. OT. (us he conceived) owed him mad. about the period of the rob bery ; and that on writing for it, Mr. O'C. reminded him that he was in debt nearer turd. than the sum stated, but he could not discharge it at that time, but gave him his bond. To show that Mr. O'Connor had no want of money at the time of Cie perpetration of the outrage, the agent depenel that he had trans mitted to him no less a sum than 51e11. Tiw Learned Judgi: (Daly) addressed a few words to the Jury. He said there was certainly legal evidence to go to the Jury, hut, in the course of his experience, he never knew a charge so strongly rebutted as that which it was produted to sustain. If the Jury felt any reason able doubts, he would recapitulate the evidence ; but if they thought with him, it was unncessary to do so. The Foreman of the Jury replied, that himself and his brethren were all et his Lordship'somnion. The issue then.went up. Mr. O'Connor asked whether he had permission to address the Court ? The Clerk of the Crown, Mr. Riekney, answered yes ; but said he thought it was better that Mr. O'Connor should wait until the ver dict was known. The verthet of acquittal was inimcdiately pronounced, and was fol lowed by shouts of approbation from ell quarters. As soon as silence could be obtained, Mr. O'Connor obiervetl, " My Lord, I have suf fered much, very notch indeed ; but what would I notsulter for such a day as this." SUMMER ASSIZES. WARWICK. • TRIAL OF .A. TUOMPSON FOR TIIE MURDER OF MARY ASHFORD. The prisoner, who is a builder and bricklayer, was arraigned upon I a charge of having assaulted Mary Ashford, and thrown her into a pit, in which she was drowned. Air. Clarke opened the case to the following effect GENTLEME a—Mary Ashford, a young woman of irreproachable character, was on the Y7th of May found drowned in a pit near Er dington. She went on the 26th, in the evenigg,-to a dance at If y burn. The prisoner was there, admired her figure and genteel ap pearance, and was heard to say, " I have been intimate with her sister, and I will have connection with her, though it should cost me my . life." He accompanied her from the dancing-room. and was seen with her about three o'clock in the morning. At tour she called at a friend's in good spirits. On her leaving Erdington between four and five in the morning of the eith, the fatal deed was done which now forms the subject of your enquiry. Gentlemen, it will be shown to you that the footsteps ola anan and a woman were traced from the path through a harrowed field by which she was going towards Lang ley. These footmarks exhibited proofs of running, and struggling. They at length led so a spot where .a distinct impression of the human figure, anda.large quantity of coagulated blood were discovered ; in the same place were seen the marks of a man's knees and tots. From that spot the blood was distinctly traced for a considerable. space to wards the pit, where the body was found. It appeared plainly as if a man had walked along the footway carrying a body, from the extre mity of which the blood dropped. At the edge of thepit, hershoes, bon net, and bundle were found, but only one footstep could be seen there. and that was a man's. It was deeply impressed, and seemed to be that of a man who thrust one foot forward to heave the body he had in his anus into the pit. There were marks of laceration upon the body, and both , her arms had the marks of hands, as if they had pressed them with violence to the ground. 'l'he evidence of a skilful surgeon would show that down to this violence she had been a virgin. Hitherto, however,. the prisoner is nut connected with the act ; but you will find,. by his own admission, that he was with her at four o'clock. Year will find the marks of the man's shoes in the running correspond exactly to his. You will find by his own admission, that tie was intimate with her and this admission made, not before the Magistrate, nor till the evident proofs were discoveredon his cloaths: her cloaths, too, afford most powerful evidence. At her friend Cox's, at four in the morning, she put off her dancing dress, and put on the dress in which she had gone to Birmingham. The cloaths she paten there, and which she had on at the time of her death, are all over bloody, and dirtied. The surgeon will tell you that the coagu lated blood could ant have proceeded except from violence. There fore the case apperes,to have been, that he had paid attention to her during the night—shown perhaps those attentions which she might naturally have been pleased with; and ofterwanh, he waited for her on her return from Edrington, and first forcibly violated her, .and then threw her body into the pit. It will be attempted to show you, that ho returned home, and that some person must have met her, and:brought her to the dismal end she met with. : but, Gentlemen, as footsteps were traced through the harrowed field to a stile leading to his father's by the very course he took, and he admits an intima cy with her, that is a circumstance of the utmost importance.; and you will bear in mind that he did net admit this till proofs-were ad duced against hint. G..lackson, W. Leven, and Mr. Webster, confirmed the •state. ment as to finding the body, and the marks of footsteps. Hannah Cox confirmed the statement, as far as she was concerned. Mr. Bedford, the Magistrate, swore to the declaration of the pri soner. It sets forth that he had been with the deceased till four, when he waited five minutes for her near Mrs. Butler's, and then went away and saw no move of her. He had been drinking, but was not intoxicated. It mentioned several persons he had seen on his way home, which was by Mr. llolden's, and •says that lie was at home hg YO minutes past five, when he changed his coat .and hat, but not his shoes ; alquitigh they were wet by going diqiugh the grass. T. Dale, the Conatable found the , prisonef at Ilyburn, by 10 o'clock. There was blood upon him. lie acknowledged that he had been intimate with her, with her own consent, but that he knew nothing of the murder. W. Betavu was at the dance, and latard thy punnet ask Cotterill AUGUST 19. who Maty Ashford was; and on being told, he said, " I have been intimate with her sister twice, and I'll be so with her, or die by it." D. Clarke, on heating of Mary Ashford's death, went to. Castle Britoinwich. Ile met the prisoacrat the CilUlla He said, ** What bas become of the yon,- womin that went away with you over night ; she is murdered and thrown into a pit." T..e prisoner exclaimed. in some confusion, Murdered ! I was alont with. tier till four o'clo:k this morning.!" Witness a.keil hint to go along with him and clear himself: he replied he could soon clear himselt. Ile went will the witness to I i vbeirm went into the room and eat and drank. Tlwre was not a word :aid of the murder. The prisoner seemed not disposed to speak of it, and the witness did not press it. lieu the rase fur the I:mart:mine closed. W. Jennings, a milk-man in Birmingham. his wife, J. Holden. -the younger, and Jane Eaton, swore that rite prisoner passed by Holden's in the morning of the 27th, and wallted slowly. They had seen him nass, and to minutes or a quarter of an hour after. wards Mrs..letutings asked Miss Eaton the time, and site said 17 minutes to five. J. ileydon saw the prisoner at Twantley's stables tire minutes before fives J. ‘Voodctock, miller to'Z. Twarnley, at Broontwirli, and .1. White, servant at Castle-Brooinwich, saw the prisoner there at 20 minutes past live: the argument was therefore thus—Mary Ashford left Mrs. Butler's at to minutes past tour: the prisoner was at Holden's at h:111 -past four, a distance of more than three utiles from the pit; theretore, the dont charged could not have been done by the piisoner, since he could not have done it. and walked more than three miles, in less than 20 minutes. The Learned Judge, in summoning up, dwelt upon the impossi bility of the pri,oner having committed the act chargul, if thew it nesves spoke the truth. His oonlession was fair as far as it went. though no account had been given of the foot marks. The Jury in tier minutes returned averdiet of—Not Guilty. He was then. im.../UrAra, arraigned Ihr the rape, and acquittetL The trial lasted front eight in the morning all half-put eight si night. DURHAM.. ICU:CT 10NEE11 c.-11 YNDES ALLAN. This was an action for work and labour. The work and labour being the cerci.•ea which the plaintiff, an Attorney at Sunderland, had tanilertil to the defendant, a member of parliament, in a con teste I election for Durham. Mr. Sunlett observed, that the air of St. Stephen's Chapel had a bad effirt un the memory ; for any one who had paid much autumn% to electioneering proceedings. must have ob...•.ved that a cmt!ithite,, before he was sent to St. Stephen's, knew every body—shook hands with every body ; was kind, open beart....d, &id liberal in promises. But no sooner was he sent to St. Stephen's than his memory bectuue manifestly unpaired; fur on his return to the city or county which had sent hint there, he hardly knew any body. " Sir, I voted for you at the last election," says voter. "ma you so ; then lam much oblifted to you, but I dont know you."—" Sir, I was one of your merits at that election,and eid you very considerable :ervice, and you have forgot to pay me for my services —" Agent ! terriers! I don't knew what you are talking about ; I can't recollect any such thing ; don't know yen." This detect of memory had visited the detbnitant. who had forgot the services of the plaintiff; and refused that coup pensation tor whiel , the action was hrould.t. Witnesses were called, who proved that the plaintiff had been em ployed for tudays in canvassing for the defendant. No defence waa made, and the Jury found a verdict for the plaintilf—DamageszesL A Circular Letter made its appearance on Wednes.. day on .Change, the object of which is to induce the Public to purchase in the Dutch Funds. We leave our Readers to decide on the advantages thus offered. They will find them stated in the following extract from the letter:— " The re-establishment of public credit in the kingdom of the Netherlard, together with the rope) OM state of its fi nances, and the regularity with which they have been ma naged since the revolution of 1813, have induced many pm sons not resident in Holland to purchase in the Dutch Inittl•-. An additional inducement has been offered by their yielding an interest of 31 per cent. or thetcalaJuts, at their present price. " The Stock is of two descriptions —the Fended National Debt, and the 'Deferred Stuck. The Funded National Debt, amotmting to about Fifty Millions sterling, bears an interest of 21 per cent.—tbe pre sent price is from 43} to 44} per cent. "The Deferred Stuck, bearing no present interest, is in shares of One Thousand Florins each (about 901); a portion of these, being all numbered, is annually incorporated by lot, with the Funded Debt. The holder of the share drawn becomes immediately possessed of Funded National Deht to its amount. About one Million sterling has been dra•sn and funded since the restoration :A* a regular Government in the year 1813 ; against which a Sinking Food to the same amount is established. The price of this Deferred Stock is from 31 to 4 per cent." IMPROVEMENT ON SHOOTER'S Him.—The difficulty which carriages have continually experienced in ascending this great elevation, has lung been complained of. •It may be a satisfaction to some OfoOf Readers, to learn, that efforts are now snaking 10 obviate the inconvenience we speak of; numbers of workmen are employed in lowering the most elevated part of the road, which is to be cut away so as to make it 14 or 15 feet lower than it is at present ; and the rubbish thus taken away will be thrown on the mad towards the declivity of the hill, giving it a coaresponding height. The work is going forward on the eastern side of the hill, and is expected to be finished in a few weeks. The workmen take one half the road longitudinally, leaving the other half for passengers, until the new half shall be completed, after which the completion of the new half will follow. This part has been separated by a railing, which has been put up.for the protection of travellers. WOLVES.—Some wolves were lately mentioned to have made a,, irruption into the department of Yonne, in France, and to have devoured four children. It is with pain we learn, that these ferocious aninials have extended their ravages into some other departments. In that of Arriege, they have at tacked not only children; bat even men. On the Ist of July, about three o'clock in the morning, a wolf broke into a stable of the hamlet of Perry, in the Com:moue of Mountjoie, where there was a cow belonging to J. Peyras ; the latter hearing the noise, e tan into the stable, when the animal immediately fell upon hint ; his daughter a girl about twelve years of age, attracted by the cries of her father, ran to his assistance ; the wolf, as soon as he saw her, let go ie father, and flew on the pour Girl ; Peyrns, to save his child precipitated himself anew upon tile animal, and after Inevinglocen several times over thrown, the cow, who bad broke loose, gave tine wolf a stroke with her head, which releasiapPeytas, torn and lacerated as he was, he seized some instilment of husbandry near him, and returning ou the wolf, slew him. The Public Administration has not neglected to take proper measures for the immediate clearance of the Communes , from these. destructive animals. The harvest has commenced very geuerally in Cambridge shire and Huntingdonshire, as well as in theadjoinigg coun ties, and the crops are unusually. abundant. ..