The Sun. — London, England, 1829-10-30 00:00:00

1 I IRELAND. —SPECIAL COMMISSION. be good enough to murder for me such or sach a gentleman. So much for f eily-1 would not be uns (Abrid ge d f rom the Cork Constitution of Tuesday.) derstood, when spealeeg- of ties, man, as pronouncing a MONDAY—FOURTH DAY. panegyric on his character. No men 'egrets more At nine o'clock the Court was opened, and was than 1 can the s use of such an i ns t rument , b ut with al; usual cro w d e d to excess. At h a lf -past nitre, M r. out cee.lf them we wat it.impossibleo to attain the end o f jus i to have conspiracies proved by Baron P ENNEFATIIER and Mr. Justice TORRENS I entered the Court. Shortly after, the SOLICITOR- the pure and the virtuous, we must suffer them to GENERAL, Mr. Serjeant GOOLD, and Mr. BEN. go undetected. Nowlin) was another species of wit- NETT made th e i r appearance. ness—he too was an accomplice, but he was a l so an Mr. DAVID FITZGERALD On the part of the , approver, and this is a distinction whi c h I w i s h pris oners, begged a short delay—Mr. O ' Connell to have preserved. lie comes tainted in ever y be tainted—he w as en . had been applied to to come in for the prisoners, a `,„ ed in the conspiracy, apprehended for it, vay that a witness lette r was just received from him sating that he g Was on his way, and he was momentarily expected. :at''!,to save his own life, proffers his inform a ti on . Now, as to another witness, David Sheehan-1 Mr. TALBOT GLASCOCK followed up this request, wish to avoid any mistak e f rom th e confused *u se o f a tating th at h e was engage d for one of the Prisoners, • „.„.n s __ , n s true h e esca p e d f rom the police—he was Michael W a ll ace, w h o h a d no ot h er a d vocate. an accomplice, but never was arrested ; but, as an The COURT having observed upon the delay oc ticcomplice, the share he had in the transaction easioned on the part of the Agents for the prisoners was comparatively light. Ile was a Whiteboy, 1 in swearing in the Jury— admit, a bad character, but he was no approver, and Mr. F. M`CentrnY said he was not ashamed to allow that ever y act was pract i se d to ga i n t i me f or ln this diffsrs from N ow l an , as he t ame vo l untar ily the arrival of Mr. O'Connell. fortyard to give his i n f ormat i ons . We have next the Baron PEN NEFATDER t h oug ht it a s t ra p e allow- evidence of Thomas M ur phy, one whom I d o no t toe° to permitg know in what class t o pl ac e, but be i s no t an tip the use of such artifice, adding that prover. lie was i n com p an y w ith D e l v , M agner , ' 41 •• O'Con ne ll s h ou ld h ave b een sent f or in dine. and k ' .. were about, and I • mid Lynch, new wee. then Here a considerable sensation was observed in , t ;must leave to the Jury what opinion they'll form of he hall of the Court, occasioned by the arrival of knowing Mr. O'Connell,notwickede • a man who, of a conspiracy, was through w who shortly after made his entrance 1 enough to join in it,nor virtuous enough to expose it. ino , • ith considerable difficulty, the crowd hay- 1 ' Here arc four' witnesses, all differing in a shade, and • , increased to an immense density since the err- i trancel I draw the distinction that you may the better ap of the Judges. • 1 preciate the testimony of each. Daly was employed The indictments, similar to those en Friday, with of , . evidence; __ ow _ an was im the e • !for the purpose giving for soli •t* plieated, was asrested, and became an approver— et toga encouraging, and inciting, haying been read Sheehen, though an accomplice, comes voluntarily 3 The C 1 . forward, and Murphy, on being sent for, came for ,sOLICITOR-GENERAL rose and spoke nearly ward to give his evidence—l shall only observe on a as follows :—My Lords and Gentlemen of the Jury . few of t h e f acts --- to be laid before you ni evidence.— the prissiness at the Bar, Edmond Connors Pa- 1 ' , . there h • 1 • one, ]tire existed ' ; 1 his conspiracy, i f as been se . t rick Lynch, Michael Wallace, and Timothy Barrett, ! for considerable period ; the meetings weie nii;n' st and indicted for that they with various others, corn- 1 a held• :- biped cannot there ! rous and at various places—you, and conspired to take away the lives of three fore expect extreme accuracy as to time and place, respectable gentlemen of this county—there are taro ► and the very variations are proof that there is no col this case. questions involved in the consideration cf lusion, as more care would then be taken to trim the !ais ease. The first, whether a conspiracy wide in it s extent an d dangerous prisoners were implicated in in its objects exist e d a t all tale and make the parts square with each other.— and if so, whether the , Now as to the -testimony against the prisoners it will be proved to you that the prisoner Connors has a th at con s pi racy. G ent l emen, i t i s l amentable that station in the band—he ranks as a head committee any set of men should conspire for au object so hors riblfor distinctionwe'll call the others pii man, sake still a Fates. Connors is a farmer of substance, he acts in tore so when the parties are in circumstances t S. ptation, f rom poverty at l east. I t wou ld b e wrong ab ove the common rank of life, andremoved from airy this conspiracy, in the gener a l c h a r a ct er of a co m - mender, and in the partic u l a r one o f a directin g ter power, anpp Nowlan met at o m e not to tak e t hi s opportun i ty o f correc ti ng any fair of Rathcl d a ointed are. You'll have to it prov e ed hi to m you t the hat Itliaefpreheesion that may go abroad to redu ce this cans tine to its f ro bye r omittin limits g Sheehan met Wallis on the 27th cf April last, when a nd rem ov i ng from the country at large a pp, he (Sheehan) was sworn in by a man named Leary, and that there they discussed the shooting of these of it Thi s conspiracy does not extend mu stigm a which attaches to but one small portionch be- gentlemen. Nowl a n saw Wallis at Doneraile on , the 20th of June, and again returning from the fair pond the immediate -nt I dof Doneraile.— dte neige row mo And itSI T lev the day after the of Mallow, on trove- uest ._ , strikes me as paradoxical, that such a place— fdr I havethought attempt on Mr. Low, at John's Grove, when he it my duty since I came down on t hese trials;lamented its want of success. On the fair day of to inquire into the localities—it strikes Me a Mallow, he was with Magnet, Daly, and James Ma s paradoxical that this spot, so fertile in itself, grath, for the coming of Mr. Low. Murphy will :abounding with a wealthy resident gentry and nume prove that they arranged to leave the fair for that us magistracy, should be the spot, of all others, aele • ir ose. Lynch not coming up as he was sta eted for the existence and display of such alio- Min. i ti t on p ed onside as a scout. Now as to Connors—it ehle proceedings. If this conspiracy charged in th • • will be proved—and this is important—that Cole e indictment be established, I cannot believe that in , nors meeting dent a District of eight or ten miles, with such a resi fair of Rathclare, on the 27th of April. This meet be 10118 gentry, aided by forty-four Magistrates, it can i • • held in consequence of the failure of the at nee ss as suffered to exist, or that the moral force of the - tempt on Mr. Low, in March.—lt was no common „ .genty will not be arrayed against it. If not for meeting, met for particular purposes, not an asset's l'etr own sake, for the sake of the miserable retch bly of privates, but a meeting of the chiefs of the , ea, the poor deluded peasantry, who are Committee to issue their orders to the people of Court, assizes after assizes, to the bar of this Kildorrery, to assist in the undertaking. Notelet' — untt, exhibiting scenes of delusion and delinquency will tell you he met Edmond Connors, who told to end in shameful death, it behoved a high-minded gentry him to attend that meeting. The poor and the in to put an end as soon as possible to such a e satuated were to be called to action, to the toilsome horrible state of society. Even should the prisoners part, whilst the Committee-men undertook the di la the bar be acquitted, something should be done to rection, furnished the drink, and took cognizance of satisfy the anxious spectators who crowd this Court le-dal e- day, arms and ammunition. He sat in comparative y,whether such a con f e d erat i on ex i sts or not. safety, and issued his commands, which must be in - 1- 4e prison ers may b e i nnocent, yet from the nature plieitly obeyed—why there exists no greater ty of the eviden ce a b out to b e pro d uce d , you will be ranny. This man lives in a slated house, you wo n 't s atisfied t h a t t h e consp i racy ex i sts; and, b el i eving it, hear of him exposing himself to personal danger ; IPI Must, One and all, resolve to put an end to it. his name is not on the records of Glanasheen or ' you do so resolve, I'll take proper care to show Churchtown. Nowlan goes to Rathclare, and there s t iutt, that the law is amply sufficient for that sees the committee; Daly will tell you, he and esi mble end salutary end, if you have yourselves but the Nowlan met there. There sat this committee, with nerve, and the vigour, and the courage their band of agents, furnished with pen, ink, and to Put theta into operation ; but if, instead of this, c ountry paper, and issuing their mandates for the murder of gentlemen will lend themselves to connive, these who dared ruse compliance with their le least to countenance these proceedings; if they commands. Now font]e fourth prisoner Barrett. tffer their premises to become the receptacle of Did Barrett know Mr. Creagh ? this is an import- Whiteboys, anti the refuge of outlaws; if, when ant question—Mr. Creagh had law suits—not law lilailed upon by a Magistrate to assist in the appre- suits, but variances—with his tenants. It will be ha- of such, they refused to put forth a finger, proved to you that Barrett expressed an intention b u Y Would not, for a million, have a hand in appre- of becoming a tenant to Mr. Creagh for piece of j a "ing them ; and if there be gentlemen who enter grazing mountain, and if not received as a tenant, that tu bto a tac i t, if not an express treaty with these ma- , he threatened to coerce Mr. Creagh into a com b U d ertn receiving and affording mutual protection, pliance with his wishes, by expressing an in of th e it of honorary members of l b e) as were, a sort tendon to bough any cattle that might be put a co must, I confess, despair of restoring there to graze.—So much for Barrett, to come the peace of this country. I now come to to u knowledge of his motives and disposition. Perfor m e part of my duty far more gratifying to You will see that Shine is implicated; there are he than that of adducing evidence of the guilt of two causes for the murder of Mr. Creagh—first, his power P Eis Oners• I have to show the Magistrates the general harshness as a landlord, and then " v er which * into their hands to quell alleged shine'sparticular enmity in consequence te . the law puts .:we have of his brother's transportation. Mr. Creagh will v t iated if we gain fixed and proper notions of the tell you that he has a number of tenants whose rents term s we use. If gentlemen of rank and station will live the (they having no leases) were changed with the means of subsistence, which should be pre changing prices of the times, and to whom when Served for the industrious and peaceable, to the looking for leases he would not grant them at the tiotous and lawless, affording them protection and sh e ' very minimum of rent paid during the depression of e ' t er, what consequence can we expect ? A gen. the times. You will find that in the September of - tetrian may be in ignorance of the law, he may cri -1828, a formal notice was served on one of the Zisate himself. There has been no reform in the Shines, and an ejectment was being executed on „ r iminal Code, as relating to this subject it is still I another, and that an announcement of these was Irepealed; and, though severe in its enactments, made many months before the April of 1829 , Iv /to lo ve my country as dearly as those who are Gentlemen of the Jury, with respect to the shoot 'gore t.profuse in their expressions, do not hesitate to ing of Mr. Creagh, you'll find they were to get in :flounce it as salutary as it is severe . Th e White- formation of .the time at which he was to dine with to code g i ves M ag i strates a power to interfere b e- Admiral Evans, and that information was to be te :e any criminal act has been com m it te d, an d ren- ceived from one who enjoyed a friendly intercourse wn rs , the mere assemblage a misd e m eanour . H ere with his house. You will find, consequently, one tt ' nave an Association, ever ready to lend its in. John Leary giving the notice. Mr. Norcott's ttituments to the commission of the most atrocious carriage was painted like Mr. Creagh's; you lho In es by the word of God himself; but I will will be told of the order in which the company t• w that those oaths, taken in blasphemy, conceived proceed ; that Mr. Creagh's carriage was followed i t taPine, and ministered ie guilt, are no more bind- b y g ig, and on their return, you will find the gig s u g m t han a rope of sand. Every one wha administers following 'Mr. Norcott's carriage, the most obvious . cu'' ,l oaths is guilty of a crinie Punishable mark of recognition to persons like these; and Mr t, " u e , s ths and he who is aware of, acrd Norcott himself will inform you of the shots fired' d ,c-a ' s, offenders, commits an offence of as when nine bullets passed through his coach. Here l' i a l P a die, But, lest gentlemen may not know, is a story, which may, if we had nothing done, if h. "e to inform them that the law does not stop we had no overt acts, might appear to be fabricated,- erZn-e-It further enacts that if any person wilfully . but whether those now charged were or were not "wi n i 1 th e whose acts come within t ee.rn ,g y concea os guilty of the conspiracy, we can have no doubt that in e "'nog of the statute, such person so conceal- a conspiracy existed. 1e guilt care not whether in haggard or stable yard) • Witnesses were then called—the first was - guiltY ofwith death. I now gi ve t „, an act punishable David Sheehan examined by Sedeant GOOLD— notice publicly, and if any one give me ! "n- I lived at Christmas last near Ballyvonere, and was ~.1.-seocifstiee of such a person, and follow it up with a sworn Whiteboy about five or six years ago; I f ie b , I care not how high, or respectable in rank s I promi se hi m a C omm i ss i on f or hi s own heard of Doctor Norcott's carriage being tired at ; I e -es t r on el,a l trial, and an execution if there be a clear was at a meeting at Ned Roche's public-hous e i n Doneraile, and met J. Leary, William Shine, Owen that le timn The Gentlem e n of the count r y will see Hickey, John Magner, Charles Daly, and ;Micha e l effic they are bound to do all in their power to give Wallace (the prisoner whom he identifies), and had tru ;_eY to th ese l aws, an d t h at i t is not by each drink there. The men I mentioned were within the Kling for hi s own part i cu l ar persona l safety, that Ge before me, and Jack Leary asked them if they were - 0 ntlP e ace of the country c an b e established. cusp, to prove a conspiracy, it is almost itn- y read to murder the gentlemen ? they said they I . n t ss ible to prove direct and unimpeachable w:itnesses. were, and Leary drew out a paper, signed it him ,,ii end to adduce the evid e nc e of parties involved, self, and hand e d it round, a nd they all swore on a book ; Wm. Shinetook the oath first, and swore s Produc e to you the evidence of Patrick Daly, a . ..w en , wi . , would 1. • the life of Mr. Creagh, who trans to trial meboy since 1821, who was also brought ported his brother; 'twas late at night. for ,I. under the Insurrection Acr, and acquitted ; th this acquittal he conceived be was indebted to is Cross-examined by Mr. O'CoNNELL—My name e ...oldness ofSheehan ; I have not an individual, and he has since used every effort while at Mr. Farrell's office in Dub e__ to make what atonement was .in his was supported lin ; I lodged in Sycamore-alley ; was about two Veyrer. Whiteboyism had changed its character in t'inon country since 1821. The Whiteboy (:infec - months there; • I had 12s. and 6d. a week for my -se* s at first enlisted for some special objects, was . support; Mr. Yokes gave me the clothes 1 have on, 0 co ntrovertible into other and he who first J g e „, just _. first time was ectioned them for the cession of tithes, and three times by the Whaeboys; the . th e . supp 1 arrangement and division of land, which he may . about six years ago, the second about three, and the °oh • upon as . • 1I • d a day 1 ' • even laudable third about twe re months ago. earned 6d. , venial or trifling, or Pursnts, 'wes . fitting out in- before I gave evidence in this business. I don t Rise int- of not, aware that he was whom n _ur i s: s robbery and murder—persons torecollect whether Mr. Low's being fired at Corning ;;Y ppileant may say, I'll thank you if in the absencefrom the fair was before Doctor Norcott's carriage ' more important and legitimate occupation you'll was attacked ; the persons at the public-house were John Leary, Win. Shine, 011 . 611 IF. John Mte:. tier, Charles Daly, WaP • Nowlan. I told the Cf,t::,:el that Nowlan was there. f catmot rceoneet many houses I attache ;; I v, a : to the attack of Ti mothy Leary's house; Lear! ofJohn Le.try's hous e also being attacked, but I do not know if it was by the Whiteboys or Ma,kboys : Ito ht have attac!ced fi►-e hundred hoti , vs, but I cmulot 7 r, collect if I at- tacked a thousand. I have been a prisoner since I was last taken, and was a prisoner last night. I deserved to be hanged for conspiring to murder the gentlemen ; I heard it said that any one who was a witness would not be hanged. To Mr. CALLAGUAN—In the public-house in Do neraile where we met and swore, the door was open. William Nowlan examined by Mr. BENNETT—I was taken prisoner a week before the Assizes, and had twenty-five acres of land. I know Connors, Lynch, and Wallace ; I know Connors of Ballinguile for 12 or 13 years; I was sworn as a Whiteboy by Connors about six years ago ; I recollect the time De. Norcott's carriage was fired at ; I did not meet Connors before the carriage affair, hut did meet Wal lace at Ned Roche's house in Dczieraile; 'twas in the. front room; the other persons there were Charles D.ly, John Magner, James Roche, James Magrath, Patrick Lynch, and T. Daly ; I know John Leary, and raw him often at Roche's house in Donera;l e ; the last meeting was two days before the carriage was fired at, and James Roche, James Magrath, M. Wallace, and J. Magner were at it ; J. Leary swore ths , rn about killing the gentlemen; he told us that Mr. Creaah was to dine at Admiral Evans's, and they would have an opportunity of killing him ; I did not meet any of the prisoners after. I was not present at the firing at Dr. Norcott, for I bad a sore leg ; I was at the lair of Rathclare, and saw Connors a week before it; he told me to po to Rathclare on that day, that there was a meeting to be there about Mr. Low, that he should be killed; I went and saw Connors outside near Duane's tent ; he carried me in to give me a pint of porter, and John Burke was there, but he was not sitting near the rest ; I staid only about a quarter of an hour, as there was a fight expected in the fair, and I went out to see it, and did not go back. I was sworn at " Cold morni❑g's" at Wallstown, to go to Mallow, and to kill Mr. Low. Charles Daly, Lynch, Magner, Roche, and Magrath were- also sworn. The reason they gave for killing him was, that Mr. Low was a great rogue, hunting the people; I was not at Mallow fair, but was at Kildorrery fair, and saw Lynch there; James Ma grath, John Magner, James Roche, and Patrick Lynch were with me there; we had arms ; I had a pistol, Lynch had nothing; Magner had a blunder bus:, and the rest had none ; we left the fair to meet Mr. Low ; we were waiting for him behind a ditch, but did not fire at him ; the reason was, they told me that Mr. Nagle was with hits, so we left our arms behind a ditch and went back to the fair. Cross-examined by Air. O'CoNNELL—I took my oath that I would shoot Mr. Creagh, and un doubtedly I would have don e so , on ly f or h urt i ng my leg; I went out to kill Mr. Low, and only that Air. Neagle was with him I vas ready to shoot him ; I would shoot twenty, thirty, or forty of them— would rather kill the police than the King's troops; I would shoot all the gentlemen in the county of Cork, and yet lam a conscientious fellow. It was a damnable crime for me to take an oath to murder a gentleman, and I took it with all my heart ; I would have shot the young lady in the carriage, I would not spare her—(a thrill of horror passed through the court at this observation)—l am swear ing to save my life, and I would not answer a word only to save myself. I could not tell how many oaths I took—l don't know if I took a bandied oaths—l took the book, blessed myself, and swore. I often fired into houses, and would kill the people if I could ; there were more determined villains than I was. I might have sworn a hundred persons to commit murder. To Mr. LEwis—lf I was required by the Com mittee, I may or may not shoot Mr. Harrold Barry. Mr. Nercott examined by Mr. GREEN—Detailed all the occurrences about his carriage being fired at. His and Mr. Creagh's carriages were painted alike, and their servants were nearly in the same livery. Patrick Daly examined by the SOLICITOR-GENE raI —I was sworn a Whiteboy in 1821 ; I was tried under the Insurrection Act, and acquitted; I know Colonel Hill, and Mr. Creagh, the late High Sheriff; I remember the time Dr. Norcott's carriage was tired at. I know lim Barrett, Mich. Wallace, and Ed mond Connors; I met Barret in Buttevant the next morning after the carriage was fired at, he told me of it and said they thought it was Captain Creagh they had. I know Connors since the attack at Gla nashecn in 1823 ; I met him often, and saw him at the fair at llathclare in April last, in Duane's tent ; it was pn the fair day; I saw Charles Murphy, John Leary, John Bourke, Edmond Connors, Daniel Keefe, James Barrett, Dennis Shea, and Edmond Coghlan there ; it was at the end of the tent, and all were in the same company ; I heard the four committee men, Connors, Burke, Murphy, and Leary say they should make up a party to go to Kildorrery. The reason I say they arc committee men is that nothing can be done in Whiteboy busi ness without their consent ; they ordered on that day to shoot Captain Creagh, Admiral Evans, and Mr. Low; I saw Murphy write in the tent, and the three other men sign their names: I heard John Leary say, that he would order a party from Kildor rery to shoot the gentlemen at Kildorrery fair. Cross-examined by Mr. O'CONNELL—I am not a Tithe Proctor, nor was I employed by Col. Hill; I was a distress-keeper to Col. Hill for some time; I am a Whiteboy up to this period, and will be a prosecutor in future ; I got the coat on me from Mr. Goodburn, of Limerick; was in Limerick a month, and six weeks in Dublin ; I arrived in Cork on Monday last; I met Nowlan, and drank porter with him ; I have got no money ; I heard of the reward for the attack on Dr. Norcott ; I can't tell how many houses I attacked ; I had cattle belonging to Colonel Hill at the fair of Kildorrery; I believe I told Sheehan that I was sent to Dublin by Mr. Wm. Hill; I worked as a day labourer for the last time about four months ago ; I drank at the fair of Rath chore, but I can't say I was tipsy; 1 never solicited my brother to become a witness : I don't think I was drunk, if I was I would not know what they bad been doing; from that until the Ist of May I was in care of cattle for Col. Hill ; I came to-day from my lodgings in Grattan-street, to give evidence. It was early in the day, about two o'clock, that I went into the fair of Rathclare. Re-examined—l did not hear any of the evidence delivered here to-day ; I was only a moment in the Court. To Mr. LEWIS—I was not told by any person any evidence given by the witnesses to-day. To THOMAS WARE-4 was not drunk or tipsy at the fair, and did not hear any person desire me to be turned out of the tent. It was here stated, that what Nowlan swore to was, that he heard Leary say, that Pat Daly was so drunk he ought to be turned out of the tent : I had only taken a pint of porter before I went in. Michael Creagh, Big., gave evidence which proved the attack on Dr. Norcott's carriage. Thomas Murphy, an Irish witness, examined by Mr. Green—This man's testimony went to corro borate the facts of the Solicitor-General. George B. Low, Esq., examined by Mr. PLUN KET—I am a Magistrate, and was at the fair of Mallow in March last; I was fired at at Mr. Glo ver's, at John's-grove, between four and five o'clock in the evening. —[Mr. Low detailed, with his usual minuteness, the particulars of the attack, and the apprehehension of Magrath,who was since executed.] The evidence for the defence being closed—Mr. Justice TOIMENS turned round and addressed the Jury. He cau tioned them not to be led away by the enormity of the charge. He adverted to and coincided with the view of evidence taken by the Solicitor-Csneral, and repeated the observations already made as to the difficulty in cases of conspiracy, of procuring direct evidence untainted by a par ticipation of the crime under consideration, and pointed out the necessity which by law was rendered imperative, of having their testimony so corroboraied by cireum stances, as to under it faith-w or th y . Whil st on the • hand tir ' ' - , rnsider that the lives of the pi were pi • . •rafs, they were aware, at the •tia, time, to rr , e.. - • 7 arid liberties of others, and to do all r , t• • }), the peace of the coun try, which look ,1 hp t!u-1.1 a due and firm admini stration Of jrntiee. hit retired, and having rennined in far tyv,-;e,!, -tit minutes, their Lordships sent to know wh,thm- t:ley %veto ;iliely to agree in their vettlict—an 3 nswer iu tire negative we returned, and at hAf i „,,„t c j eveo th e Com-t t,t- half an hour, b i: ild s being first sworn to keep tir e uv. The Court at this time presented a most interesting spectacle, crowded even beyond its utmost capability of accom modation, with an eager and anxious multitude, whose countenances, as they caught the scattered lights, which scantily illuminated the extremity of the Court, expressed the deep interest, which all felt in the re sult. The prisoners themselves, upon whom a full light fa in front of the dock, evinced in this moment no emotion which could distinguish them from the less interested, but apparently not less anxious crowd around them. They preserved to the last that steadiness and intrepidity of de meanour which characterized them through the day's pro ceedings. The scene without was not less iNposing. The avenues to tire Court, and the adjacent streets and passages were blocked up with anxious multitudes, eagerly enquiring from those, whom pressure and weariness drove from the Court how far the trial had advanced in its pro gress, and what was likely to he the result. From nine this morning up to the present hour, the greater number of persons present at the trial had not quitted their sta tions. The solemnity of the scene was particularly heightened by the presence of a troop of the Scotch Greys, who were stationed at th e principal entrance of the Court during the latter part of the trial in fixed unmoving still ness, until the departure of the Judges at the adjournment, and then paraded through Castle-street, awaiting his return. ADJOURNMENT OF THE COURT. After the adjournment of the Ceu►t their Lordship re tired to their lodgings for a short time, and returned at one o'clock, when they sent to the Jury to ascertain if they were likely to agree. The Foreman returned word that from appearances there was not the smallest likelihood of it. Their Lordships expressed their intention of waiting for some considerable time. TUESDAY MORNING, QUARTER TO TWO O'CLOCK. The Jury expressed a wish to confer with their ships respecting some passages in Nowlan's evidence rela tive to the witness Patrick Daly being drunk at the fair of Rathclare. Their Lordships referred to their notes, and gave the Jury all the information in their power, and again reviewed the leading facts of the case, in order to their coming ta a satisfactory conclusion. The FOREMAN—My Lords, we have agreed to a ver dict for one of the prisoners. Baron PENNEFATHER—Mr. Foreman, the Court will take your verdict for any number, one, two, or three. The Jury accordingly retired a few minutes, and brought in a verdict acquitting Timothy Barrett. The Jury then complained of their situation to the Court—they said, that one Jurnr considered the other eleven stubborn, in not coming into his views. Several of the Jurors explained, and Major Burke stated that some of the gentlemen were disposed not to be!ieve a word of the evidence. In this state, Baron PENNEFATMER replied, that the Court could do nothing in it ; they should retire to their room and find a verdict. The gentlemen then applied for permission to be allowed to go into the Grand Jury Room, as being more convenient, which request was acceded to—they were con veyed by the Sub-Sheriff; four bailiffs wete sworn to watch over them, and the Court adjourned at two to nine o'clock this morning ! ARRIVAL OF MR. O'CONNELL.-EXTRAORDI- . NARY DISPATCH. The relations of the persons for trial, having resolved to make an effort to obtain the aid of Mr. O'Connell's power ful talents, William Burke, of Ballybea, left Cork on Sa turday evening at five o'clock, and rode upon one horse to Deranane- Abbey, where he arrived yesterday morning at half-past eight o'clock. Having tested and refreshed his horse fur two hours, he mounted the same horse, rode him back, and reached this city at eight o'clock this morning, performing the journey cf 180 miles in SS hours Mr. O'Connell arrived in town at nine o'clock. Cork Mer cantile Chronicle of Monday. - - ------ - NAVAL INTELLIGENCE. PLYMOUTH, OCT. 29.—The Vigilant ketch, Lieutenant Loney, sailed yesterday for Portsmouth, with supernumeraries. In Hamoaze—St. Vincent, Kent, Andromeda, Orestes, Pylades, Hyacinth, Leveret, Royalist, Ca lypso, Meteor steam-vessel, Antelope tender. In Barnpool—Undaunted. APPOINTMENTS.— Lieutenant A. Dawson, to the Hyacinth ; Lieutenant Edward Pellew Halsted, to the Nimrod; Lieutenant Thomas Fyton, to the Rapid; Rev..J. M. Edwards, Chaplain of the Ordi nary at Portsmouth, to be Chaplain ; and Mr. Arm strong, to be Master of the Winchester. Mi.: William King Shoveller is appointed Second Lieutenant of Royal Marines, at the Plymouth Di vision, vice Hamilton, promoted. His Majesty's ship Gloucester arrived at Malta from Sheerness the 23d September. The Pandora arrived at Batavia from Madras 2d June, and sailed for the Northward 25th ditto. The brig Eleanor arrived here on Sunday, from London, to embark the remainder of the Portuguese non-commissioned officers and privates, belonging to the depot, for Terceira, and is expected to sail on Saturday. The Brunswick steam-packet, of this port, James Mill, Commander, arrived in the Garonne the 17th inst., having been at sea but 60 hours from hence. She was expected to leave Bourdeaux, on her return to this port, the 27th or 28th inst. The Marshal Blucher, Davis, of this port, arrived at Standgate Creek, from Malaga, the 22d October. The Lyra, May, of and from this port, for St. John's, was spoken with on the 7th inst., in lat. 44. N., long. '23. W. The Brownfield, Cowling, from this port, arrived at Faro the 29th Sept. The Anne, Rowe, of this port, arrived at Bristol, from Ma laga, 19th inst., and Active, Hayman, from Denis, 18th inst. The Breadalbane, Chilcotts, from this port, arrived at Oporto 4th Oct. The Mothers, Forbes, of this port, arrived at Gravesend, from Lisbon, litth Oct. Monsieur DE NIEUMANN, of the Austrian Embassy, and the Prussian Minister, visited the Earl of ABscunEEN yesterday, at the office of the Secretary of State for Foreign Affairs. The canvass for the Selkirk district of Burghs appears already to have commenced with great activity.__ On Tuesday list, W. D. GmLox, Esq. of Wallhouse, en tertained the Magistrates and Town Council of Selkirk and a numerous party of friends at dinner, when he an nounced his intention of becoming a candidate for the re presentation of the Burgh, in the event of a vacancy or a dissolution of Parliament. He stated his resolution, however, to ask no pledges of support at present, but merely requested the Members of Council to keep them selves unfettered. This annunciation was extremely well received; and the freedom of the Burgh was conferred on Mr. GILLON. We are indebted to a friend who is intimately acquainted with the family, for some interesting particu lars relative to Miss FANNY KIMBLE. It is, we are as sured, a positive fact that six weeks previously to her pub lic appearance she had no idea of performing on the stage; and so little was she prepared for the particular part chosen for her debut, that it was at first her wish to appear in Portia. She had indeed only two rehearsals of the part. At an early age M►ss KEMBLE evinced a predeliction for the stage, but this was sedulously repressed by her parents; and it was during the absence of Mr. C. KEMBLE in Ireland that she first acquainted lice mother with the revival of her wishes. The principal motive which actuated her to form this resolution was (in her own words) a desire to aid the five hundred individuals who depended on the theatre for subsistence ; and then (she added) other feelings unquestionably prevailed. Mr. FAwcrrT was requested to hear her read; but the idea was ultimately postponed until the return of her father to town ; when, in consequence of the harrassing proceed ings which are known to the public, a further delay took place, so that the interval which occurred between the adoption and execution of her final resolve, was of neces sity exceedingly brief. Miss KEMBLE'S next character, as our readers are aware, is to be Belvidera, and we have the authority of an experienced theatrical judge who has seen her rehearse the part, for saying that it will be the finest effort of female genius ever beheld upon the stage. We are also informed from another quarter that the tra gedy which Miss KEMBLE has composed, proves the pos session of very superior talent as an author.—Brighton Gazette. SPORTING INTELLIGEN'tn. 2, MI MARKET HOUGHTON MEETING. NEWMA R KIT, WVDNESDAY NIGIIT. The winner of the Pla'e afternoon, Harold, was clainual by Col. lairs (not for the Doke of Richmond, as , t.ited), sipl afterwards sold to Lord I,owther for 300 gs. The wing race was run a't,r our account left the ground. Handicap Plate of 50/. A.F. Lord Sefton's Bobadilla I Lord Exeter's b. c 2 Mr. Lumley's Goshawk Mr. Deline Radcliffe's Ilindostan 4 Duke of Richmond's rili,s Craven 5 The betting began at 7 to 2 agst Bobadilia, and finished at :20 to 12; 3 to 1 agst Hindostan, 5 to 1 agst Ada, 7 to 2 test. Miss Craven, and 7to 1 agst Goshawk. Bobadilla led throughout, and won very easy by three lengths, rode by G. Edwards, Ada by Pavis, Goshawk by T. Robinson, Hindostan by Robinson, and Miss Craven by Boyce. The result of this race will make Mouse have more friends for lice match with Lucetta on Saturday than she would otherwise have had, Manse having beat Bobadilla very easy in the last Meeting. From the extreme coldness of the weather nal the iittle attraction presented by the list, the attendance on the race gerund was thin; the principal fashionables were—the Dtdies of Portland and Rutland, Marquis and Marchioness of Exeter, Marquis and Marchioness of Worcester, Marquis of Graham, Lord and Lady Sefton, Lords Verulam, Jer sey, C. Manners, Clinton, Lowther, G. Bcntinck, W. Beryinck, J Fitzroy, G. Cavendish ; Sir M. Wood, Sir C. Knightley, .Gen. Grosvenor ; Colonels Ildny, Craw ft:rd, Russel), Anson ; Messrs. Delme Radcliffe!, C. Wil, son, Rush, Stone newer, Dc Roos, Runs, Wigram, Moulds worth, Ice. THURSDAY'S RACES. Mateb, 100, h. fr. La t half of At,. M Lord Tavistock's Taut us Sir M. Wood's Rosary 2 to 1 and 5 to 2 on Taurus, who came roaring in a length before the mare ; rode by G. Edwards, the loser by Pavis. Handicap Stakes of 10 sous, each. T. Y. C. Twelve subs. Lord Exeter's Enamel Sir M. Wood's Rosary •2 Mr. Gully's Trample.. Mr. Sowerby's Gas Lord Oxford's Scheik 5 2 to 1 on Enamel, who had it all his own way, and won easy by a length, rode by Dockeray, Rosary by Pavis, Trample by Stephenson, Gas by Wakefield, and Schelk by Lye. Mateli-200 h. ft. T. Y. C Lord Verulam's Brocard Lord Chesterfield's Carthusian 7 to 4 agst Ilrocard; the horse made the running till about a hundred yards from home, when he mode a dead stop, and was beat easy by the mare, who was rode by Conolly, and the loser by Arnull. Sweepstakes of 10 sous. each, for 2-yrs old colts, Bst. 71b. ; and fillies, Bst. 41b. T.Y.C. The winner to be sold for 100, &c. Eleven Subscribers Lord Lowther's Envoy Lord Jersey's c The following also started, but were not placed :—Mr. Forth's Cent:l.lr filly, Mr. Gully's Long Shanks, Mr. Prince's Nessus, Lord Exeter's filly Miss Cantley, Mr. Greville's Blue Bonnet, Mr. Pettit's Deformity, Mr. Weatherley's c., and Mr. Ti.eakston's c.-2 to 1 agst Morel, 5 to 2 agst Envoy, and 5 to I agst any other. They kept in a crowd as hard as they cou'd split till the last few strides, when the two first shot out from the ruck. Envoy winning by a bean only—rode by Wheatley. He was claimed by Lord Jersey. The others were closed up. Sweepstakes of 10 soy,. each, 2 yrs, 6st. 71b. ; 3 yrs, Bst. 10Ib. ; .1• yrs, 9st. 31b. ; 6 yrs and aged, 9st. Vb. T. Y. C. The winner to be sold for 60 sovs. &e. Count Halas ch. f. (Boyce) Lord Tavistock's Rosetta 2 The following also started :—Mr. Gully's Baltic, 3 yrs; Mr. Sowerby's Chiron ; Mr. Greville's Discovery, 3 yrs ; Mr. Pettit's Braha►n, 2 yrs, 6st. 101 b. ; and Duke of Grafton's Ronald.-2 to 1 agst Discovery, Sto 1 agst Rosetta, and almost any odds against the winner. Won by a length. The winner was c'aimed. Subscription Handicap Plate of 50 sous. D. I. Duke of Rutland's Oppidan (Robinson) Duke of Grafton's Turquoise 0 Mr. Forth's Navarin sto 4on Turquoise and 6to 4 agst Oppidan. Won ckierly. No second placed by the Judge. A tine race. HUNTING INTELLIGENCE. ♦PPOINTMENTS FOR THE ENSUING WEEK. The Cambridgeshire Hounds, on Monday, at Caxton Gibbet ; and Friday, at White Wood—at Half-past Ten. The Puckeridge Hounds, on Monday, at /hale End ; Wednesday, at Wadesmill; and Saturday, at Aston Bury. The Royston Harriers, on Tuesday, at Royston Wind mill ; and Thursday, at Wallington—at Half-past Ten. The Cottesmore Hounds, on Monday, at Clipsham Wood ; Tuesday, at Tilton Wood ; and Thursday, at Uflington Wood—at a Quarter before Eleven. . _ Lord Yarborough's flounds, on Monday, at St►lling. borough Hall; 'Wednesday, at Tbonoek House; Friday, al Wootton House ; and Saturday, at Ludborough—at Eleven, The Brighton Harriers on Monday, at I'atcba►n ; Wed. nesday, at the Race Course ; and Friday, at the Dyke—al Half-past Ten. The Brookside Harriers, on Monday, at Newmarket- Hill ; Wednesday, at Asheombe, the alternate Wednesday at the Kennel ; and Friday, at Telseombe Tye—at Half past Ten. Mr. Wicksted's Fox Hounds, on Tuesday, at Boar's Head, Walkerton; and Friday, at Checkley Village—at Half-past Ten. The Cheshire Hounds, Monday, at Sandiway Head ; Wednesday, at Ox Hayes Farm ; Friday, at Duddos Meath; and Saturday, at Highwaytide—at Ten. LANCASTER COURT OF ELECTION.—After the general accounts of the Corporation had been real, the Court proceeded to the election of Mayor for the ensuing year, when JOHN BoNn, Esq. was declared duly elected (being the second time); the announcement of which was greeted with loud and continued cheering. Mr. JOHN BROCKBANK was then elected Bailiff of the brethren, amidst the acclamations of the Court; and Mr. WILLIAM HALL, Bailiff of the Commons. On Monday two Roman Catholic gentlemen, the Hon. CHARLES LANGDALE, of Houghton, and Was. CONSTABLE MAXWELL, Esq. of Everingham, their names having been recently added to the Commission, took the usual oaths of qualification as Magistrates for the East Riding, and sat on the bench accordingly. Twenty-three Magistrates were in attendance.—Hull Rochinvhant. NEW TURNPIKE ROAD TO HEDON.—II will be seen from a notice in our advertising columns, that an application is bbout to be made to Parliament, for an act for making and maintaining a new Turnpike-road from this town to Hedon, an improvement which has been long called for. By the projected line, we understand, a saving of three miles will be effected in the distance of the town in question, and indeed to all the places situated in the Eastern part of Holderness.--Hull Packet. The plants of young wheats look very pro• raising on those lands which were first cleared of their old crops. Generally, however, the farmers have had to complain of the excessive foulness of tho soil, which was choked with weeds after such long continued rains, and for a time it was so sloughy, that it was absolutely impos sible to work the horses at all. SUDDEN DEATH.—Last night, about nine o'clock, a man, who appeared rather intoxicated, was 0- served by one of the' police, who, feeling anxious for his safety, followed him along the Strand, as far as Villiers street, when he suddenly fell and expired. He was in stantly conveyed to Covent-garden watch-house, and sur gical aid procured, but all to no purpose, as life was quite extinct. It appears by a card found in his pocket, that his name is LONOLEY, a compositor ; but his residence has not transpired. A rather curious discovery of male and female dead bodies, in perfect preservation, supposed to have been interred (from the circumstance of farthings of that age being placed upon some of their eyes) in the reign of CHARLES IL, was made the other day, in the church of St. John of Jerusalem, formerly a richly endowed monas tery, but now a chapel, under the evangelical dominion of a Mr. FAULKNER, situated in Jerusalem-square, Clerken well. From the time elapsed, and their perfect state, it is conjectured that they must have undergone some process of embalment, then rather common. But who or what their grade were no proof was afforded other than by the farthings in question, neither cloak nor clothing of any kind appearing to have enshrouded them. But few people were admitted to see them ; among whom we perceived the Richmond Herald, who, being rather curious in anti quarian research, it is hoped may throw some light upon the subject. - sPIRIT OF THE PUBLIC JOURNALS, A second letter from the Bishop of Ferns to Lord Mountcashel has been published by the writer's authority. To us it really does not ap pear that the merits of the question—viz. whether the Irish church establishment needs, • or does not need, investigation, with a view to reform,"—are placed upon any better footing by the Bishop's reply, than by his original arida:6s to his opponent. Dr. Elrington here displays, indeed, somewhat more of the tincture of his ge- Dcral politics than the former production had de veloped. He says, by way of deterring the public from any attempt even to entertain the subject of Church abuses, that the difference between the present period and 1628, consists in the greater tendency to revolution now, than at that very critical period. " Great Britain, and st'll more Ireland, is in a state infinitely more . revolutionary than in 1628 ; nay, the state of all Europe is revolutionary." We admit the fact that the people of Ireland are in so far rho:• revolutionary than in 1628, as there is more knowledge spread amongst them, and a greal.4l quick-sightedness to the grievances by which they are at once pressed and insulted. If Europe be revolutionary, or in other words desirous of political change, it is a proof that the people tnroughout Europe are weary of misgovernment, and bent upon reform. Does Dr. Elrington fancy that he will stop the course of such a. spirit, or blunt men's perceptions of " the ills they know," by telling them that all remedy ±; replete with dauber wrtich " they know not of;" and, in short, that the parties who pinch and pillage the community must be left in the fill enjoyment of their various monopolies of worldl7 goods until they themselves shall be pleased to give spontaneously that redress which, when forced upon them, Dr.Elrington designates by the none of revolution ? If Europe were a little more Ted volutionary —that is to say, if the efforts on be half of equal law and constitutional liberty hakl been more successful than we have seen them oft the continent of Europe,—the chance of cer reeting known abuses might, perhaps, have been at this moment more favourable to men like Lord Mountcashel. If Spain and Portugal had got rid of their domestic enemies, and Italy of her foreign yoke, those fine countries, like France, would have gained representative Go vermnents of some sort or other ; and like France' herself might have been justly congratulated oil the final results of that " revolutionary" spirit which is a matter of such grief or alarm to Dr. Eirington. But how will the Reverend Bishop encounter the peril which he assumes to exist Why, by bringing his brethren of the Bench to repair the evils which are, if not caused by their own mal-administration, at least .continued old fostered under it. He reprehends Lord Main(' castle] for not having first made his complaint privately to the Bishops ! As if that were not wild enough, he would send him (the Bishop pisterrires !)le'itation, the Mi nir s o t l e l r n t g u turning the Noble Earl ought to seek an audience of the refractory) a dea tof ear the t o M the representation, King. And why not of the Duke of Cumber land ? But never,—no, never,—but "in em.see of the most extreme necessity," appeal to opinion, or to the people, for the redress of grievances. We have the misfortune to differ froas the Reverend Bishop in his notion about the order to be followed. To us it is clear that he who seeks the bong fide removal of a gross abuse, or a steady and strenuous inquiry into it, ought to begin by engaging public opinion on his side. The force of opinion is the true and legitimate lever by which to act on Kings and Ministers, even if Irish Bishops should be proof against it. We almost doubt whether the Executive Government be bound to undertake reforms for which they have not previ. , ously obtained the sanction of strong opinions from a large body of enlightened men with stakes in the country, and under pledges to support the medi tated amelioration. It is clear that on Dr. Elrington's plan, the discussion between re formers and those who described them as " re volutionists," might and would be spun out till doomsday ; and, in the mean time, that the system of corruption among the higher classes, and of neglect of duty, incompetency, and cu pidity in all, might work on, until some power more eager to destroy the establishment than to mend it would enter at the fitting opportunity, and lay the whole edifice in ruins. Dr. Elring ton applauds the liberality of the Irish Clergy for accepting from their parishioners less than the " legal" amount of their tithes. His Lord ship was well answered by Lord Mountcashel " that the Clergy took as much as they could get ;" and that this is literally true will appear from the condition to which the country has been reduced, by the endeavours of the Clergy to obtain through the tithe proctor, even that " less than the legal right" with which the Bi shop boasts of their being satisfied. Why, the processing wretched peasants for their tithes was, until the Composition Act began to operate, the chief (and most painful) business of the county session ! The miserable being whose landlord wrung from him a rent for which the tenant had value, was still more repugnant, and equally unable, to pay a tithe for which he had no value at all. An unfortunate Clergyman of the name of Going, brother to a gentleman who had been murdered in the year 1822, was shot last week within 40 yards of his own house, and, as is distinctly stated in the accounts from Ire land, because of his severity in the exaction of tithe, for non-payment of which he had just be fore distressed thirty-seven of his parishioners. This state of things cannot continue. Nuin. bers of the Protestant Clergy have become odious to the people for exacting " less than the law allows." How horrible is the relation between landlord and tenant in Ire land, although the landlord insists on " no more than the law allows him !" The trials not yet concluded at Cork must do something, we ex pect, towards a fair elucidation of the feelings which Irish landlords have purchased for them selves from the tenants on their estates, either by administering as Magistrates, or in their private capacity enforcing, laws which have been enacted in a spirit of supposed partiality to the rich. Let us not be imagined for a moment to insinuate that the assassins of Mr. Going, or the sangui nary ruffians whose thirst for blood was to have been whetted, not quenched, by that of Messrs. Creagli, and Low, and Evans, ought not to be visited with prompt and condign punishment. But though hanged the murderers ought to be, and must be, will the Legislature do nothing to amend that state of the law or of society which tends to the increase of murder ? We fear that the community of country gentlemen in the county of Cork, throughout that neighbourhood which forms the scene of these terrible transac tions, is badly composed with reference to the peasantry who surround them. We are told that the country is thickly studded with "gentlemen," and that at the same time a high and intole rant Orange spirit reigns there. The close le