The Sun. — London, England, 1812-08-13 00:00:00

~11011050 ~.Li.'Y_i~ ENNISKILLEN, ji:Ly. 2. YAK NING, A'S.7 THE rh0•31:05TION, or JAMES BRETT, LIG 11 X`C.OLC-AN..AND OWES DONNELLY BEFOEF. MRI, BALON M'CLELLAND. — The prisoners were given in charge to the Silly, and. untie: Lord Lhenborough's Act, for sh , ,:orint . at, tvith intent to kill, James• Brett and! othZ!rs, at Itoscore, in thf. county of Fermanagh, on the sth October, -I 811. 'The indictuieut also contained a' count for a riot and assault. • ITNESSES ON PART:OF THE PROSZ.CUTION .64-ett—tx anzinee.l by .Sir Charles .Ormsby. Witness said he was are officer of Excise—he vias employed on Revenue.duty,..in' this county, on. the sth of October lust—he on that day made a seizure of a still, and a quantity of potale, malt, attd spirits,' in the lands of Roscore, in a privato distillery, situated near . a bog---he was accompa.- niea, on that occasion, by a party 'of the Royal Cornwall Militia, commanded by . Lieutenant Ga vitt--witness dcstroyea the malt and potale, and then carried off the still—the seizure was tak-zn to the town of Enniskillen—he and the party had not proceeded withit more than a quarter of a Mile, when , they heard several shots fired at a distanee. •The.officer inquired the shot were fired at them---.-there were hedges on each side•of the - road that they were then passi:.,g—but shortly after, on advancing some distance,theyarrived at a hog; where the country Ivas open, when a tienienchins fire opened upon them—a- ball from one of the shots knodied off a soldier's Cap, when he cried out that the party pursuing them were firili;:; ball cartriage—then, after that, -a great many %1-ore fired, and up _to that time their tiring was not retnrnecl by the army—'-anOther f the shots took effect on another of the soldiers— he was hit-in the side by a spent ball. When the firing was coming so warm, Lieutenant Gavitt ordered his men to load, which they accordingly did, hut there had been a great deal of rain and the soldiers firelocks were wet—about five or six only of the party's firelocks went off—they (the aoldiers) thdn halted at the edge of the bog, and ever; man sndeavonred to put his firelock in or der, but they were so damaged by the wet, that their exertions were used in vain—the party then thought it prudent to retreat—the persons attack , ing followed . them they came near to Lendrum's house, and they then fired again on them there, but they fortunately escaped, al though the persons pursuing continued to fire on them (the witness and the military) for three rh'ilei"*„ till we came near the . town called B;1111- - naniallard—he did not know any on of those that flied at him—the 'nearest distance from the place they fired, t.) the Military, was about 130 yards. Cross-ea-an ii.i!qd by Mi. Cole. , • Witness heard that a man of the name of Wil liam GOrral, wai one of the party that were out on that day firing, at .them. Lieut. Gavitt examined by Mr.. Stokes. Witness said ihe was an officer of the 'Royal Cornwall: Militia—he went out with a party of the soldiers of his regiment to the townland.of Roseore, on the 6th of October last. The Reve nite Officers whom he accompanied made a sei zure there—in 'some time after his party was at tacked—when.they had proceeded about a quarter of a mile,: .a party of armed men tired on his party—:two of his party Were hit by. shots fired by • the .other panty-,,-!one.of the soldiers had his cap knocked otf, and another of them was hit on the saw ‘ the arms of the party that fired on the soldiers—they were - bright, and. appeared in good order. John Kill&a examined. Witness recollected the day the seizure was made at lioscore by Mr. Brett—at about the hour of ten or twelve o'clock in the morning, he was standing on a hill—he saw the military party go ing along the road with a still—he heard several. shots fired—he knew a man of the name of Don nelly—[identified the priffoncr Donnelly]—he saw the pri.lo - ner there on that day—he was look ing at the firing from both - sides, and be saw the prisoner Donnelly and another, man, coming from that directiOn from whence the shots were fired—they passed by him, very near him —and the man who was with Donnelly stopped, loaded his fircl6ck, and fired at the militairparty , ---the prisoner Donnelly had a fireleiek in his hand —the firelock he thought , was a bright one, for it was (he thought) his (witness's) own—the man who was ,with Donnelly had told him so—When Witness had left his house his firel6ck had not then been loaded; but he knew, when he had seen it after, that it had positively been fired—the main-spring of the lack was broke—he ran very f(.l_ , t-to the house where Captain Lendrurn lived. Qm;stion by the COurt-LWas Mr. Lendrum's house in ,the_ direction which Mr. Brett's party , had taken ?—A. It was rather off from Mr. Alrett's party.—Witness sw.v,the prisoner Don afterwards, coming running past, with a, gun in his hand—he was making signals, and moving his hat to the pally to come on—he was return ing from towards Mr. Lendrum's house—he was there before the party-,-his own party was behind, but he did not know that 'Mr. Brett was before him. He knew the prisoner M'Colgan, but did 'not see him on that day. Qaestitin by the Court.—After the prisoner. Donnelly had made the signals, what did he do ,then ?—A: kcan't went with his party — when Mr. .Brett's party were passing Mr. Len- drum's house, he - heard shots tired after them— he afterwards saw Thinnelly on board a ship near Londonderry—he was lid, and dressed in, a mean appeklrance--there were examinations lodged azailist him before Lo-rd,Belmore. ' .Question by theCourt.—Wliat do you mean by „saying that the prisoner was hid in the ship A. My Lord, if 1 had not come forward, he would not have been found at ail—he was concealed in the ship, which was _then under .weigh for America. On the .cross-e:vllnination of this witness, it appeared that lioscore, the place where the seizure Ives wade if; Bi•ett, was in the county of Fer- LONDON Prmt , !d by THOMAS WOOD, of N 0.35, Nlaiden-lane, Covent-garden; and Poblistird by WILLIAM ARMIGER SCRIPPS, South Molit)! At tke Gi.FICZ, N. 112, st.xazai, where .4(lsertisernongs, Orders for the Paper, Letters for die Editor ) &c. (pf.t.paid), it-stt eet, tosvctlot•--(1114.1t ) tust be,athiressect. ina. - nalth, but that the several places from whence the shots were fired on tbe military were all in the County of. 'ryione-; of coarse the indictment against the prisoners could not be sustained. BARON :t I'CI:ELLAND'S CHARGE. Gentlemen of the ur y—l n this case the offence is lai4 to have been committed in the county Ter - managh, and it appears in evidence, that crime 'was perpetrated in the county Tyrone, theiefOre, in point of raw; the indictment is .not supported . , and it is your duty to aCquit the prisoner. I.3tif•O Gentle Men„ I shall take care in this 'singularly atrocious case, justice shall not be defeated. I shall order the prisoner to be transmitted to Ar magh, to take his trial at the ensuing A ssi zes . Gentlemen, I cannot refrain from most deeply lamenting the miserable and alarming situation to which this country' is reduced. Were it not for what has sppeared in evidence before me at the present Assize's, I should have considered it almost incredible,. that Yeomen, who have been entrusted by Government•with arms for the pre-' tection of the 'public peace—Yeoinen, too, who have taken a solemn Oath of, Allegiance to his Majesty, by which they are bound to preserve the'peace of the county—that they should have the audacity' of appearing in open arms in open day, A,ND ACTUALLY FIRING - UPON HIS MAJESTY'S TROOPS Gentlemen, the Witness, on his erois-exami nation, truly and euiphatically called' the members of the. corps, who, on the day laid in the indict ,ment, fired on the staiers of the Cornwall regi-. menti Rehels, Yes, Gentlemen, in the legal Ac ceptaioz and true sense of the. word,' they are Rebels ! and I hope that every person in this country ivill from henceforward be convinced; that those Yeomen, by the act of taking up arms. against the King's forces, became traitors't6 their' King and Country . Until the late traitorous acts of some or the Yeomen , here, I •entertained, the highest Opittion of the loyalty of the inhabitants of the County l'ermanagh----but if the Magistrates and Gentle Men of this County will not, by their active' exertions, put down this daring and law less spirit of riot and rebellion, ,the inhabitants of the County Ferfnanagh will become as remark able for their disloyalty, as they were hitherto justly praiied for their. attachment to the King arid Constitution. Gentlemen, ftxl it necessal- 4 y that some steps should be immediately taken to make an example of the persons concerned in this daring outrage. I should hope that the Officer .commanding the corps %voirld institute an inquire into the transac tion, and strip the delinquent Yeomtn of those arms which, - by their rebellious conduct on the Sth of October last, they have disgraced—and, by thus purging the corps of its itaproper mem bers, the county would be restored to peace, and continue to maintain the h?gh character whichfor - Melly belonged to it. Gentlemen, these observations do not relate to" the trial in question. I began by telling yod that you must acquit the prisoners. We have no ju risdiction to try them for the. offkce in, this County ; but I conceiv:;d I Would not properly discharge my duty, if I did not call on the Ma gistrates and Gentlemen of the Coinity to suppress; this daring and illegal -spirit of outrage, and to protect his Majesty's Revenue Officers in the're catioin of their duty. The Jury acquitted the prisoners. The prisoner, Owen Donelly. was transmitted to Omagh, and tried at the assizes held there for the county Tyrone, for the offence, as stated in the indictment. He was acquitted of .the capital charge, and found guilty of a riot, and . sentenee& to six months imprisonment. Mr. COLE, for the prisoner, pleaded " Anter fbit's Acquit," Mid argued the point with consi 'derable ability. Mr. Justice MAYNE overruled the plea, but saved ,the point for the decision of the twelve Judges. The witness, Killdea, swore .positively, on the second " that be had been turned out of Captain - Lendrum's Yeomanry Corps for • giving information against the persons who fired on the military and revenue officers." Captain Lendrum iss-a Yeomanry Commander„ and a Magistrate of the County of Fermanagh. now long he shall be permitted to continue to hold his rank (if Kilidea has sworn true) is the business of the Chancellor of Ireland, and of - the ComMander of the fo i rces. Me Dublin 'Evening Post has done its auty, by holding out to public reprobation the affectedly loyal delinquents ; and we feel happy in having the facts, contained in our former statements, corroborated by the legal opinion of an able and learned Judge, publicly and officially given ; namely, that Fermanagh Orange Loyalty was illustrated by acts of felony and rebellion—That the yeomen, who fired' upon the military, were, in the true sense of the word, Rebels r! An order, it is understood, has been ,received at Portsmouth for the removal 7000 ksrencli soners, from'the depots there to the new prison near Edinburgh. The instruction expresseS, that mine but ' soldiers are to be sent. . From the officers of several Men of war, which are arrived from the coast of Spain, we learn, that in the glorious affair of Salamanca, the enemy's artillery was canjed.by.some desperate charges of our cavalry, vhf, had excellent. ground for their exertions, and who bore • down every thing op posed to them. Towards the end of the affair, the enemy declined the combat in every part of the line, and sought safety in retreat. The Spa nish cavalry under Sanchez came up to the, several charges with great gallantry. • _ _ AUG. 6.—This morning the ptillie cu riosity was much► excited by the arrival of the first body of French prisoners, amounting to They were landed #t Dundee, from the Matilda transport, on WedneSday, an d immediately marched to inelithre, where they lay all night. They ami;ain marched- at fOur in the morning, and . after passing thvough the town ; reached, the depot about nine. They were escorted by parties of the Durham and Fifeshire Militia. One prison had been complete ly prepared for them, though the whole of depot is not yet finished. STAFFORD ASSIZES. T2IAL OF ANN SHELDON, von ADMINISTERING Pm- SON TO HER lIIS.iIAisTD. Ann Sheldon., a young i - oraan of a decent and somewhat prepossessing apearance., was indicted, under Lord Ellenborou:A ., ; zltet, for administering poison to tier, husband, with intent to occasion his death.. • The first witness eNawined was Samuel Shel, , don, the' prisoner's husband. •[Mr. CeiFFosn, Counsel for the prisoner, submitted to the Court, that a husband could not bekihnitted an evidence „against his wife, unless from' the-necessity of the ease ;' here there was 11() such necessity, ether witnesses heing'sublmniaed to prove the fact--Mr. • CeiFi•oiin cited Lord Andley's 'ease in sUppartof hi' argument. Mr. PE . ARSON, Counsel for the Crown, argued the necessity of receiving the evi dence, and strengthened hiS ark; anent byadtlitcing the case of Thomas John. The Learned 1 Jlidge agreed to the 'general propriety of the maxim, that the evidence of the husband could not be taken age , inst' the. 'wife, and vice versa ; but he considered that where personal injury had been sustained lky tkither party, as in' the present in stance; it formed an exception, to the .rule.—Mr. PEARSON then Proceeded in the examination of the witness.] He depo , ed, that be lives at Alstonefiehl, in the enmity of Stafford; on the borders of Derbyshire,. On the Gth of April, he rettirird Vorn work about -tight o'clock in the evening; the prisoner, whom he had left at hoinein the morning, had been out during his absence, but returned. soon after' he dicl ; sbe said she had been to see her aunt Betty, who lives at Dam Gate, who was poorly. The witness was rather-indisposed at the time with a cold; he smoked e pipe, and told the prisoner he was going to bed ; she said she would g 6 also.-- As he went he found some stuff in two papers on the stairs. He lint some in his mouth ; it had-no taste, and looked like - white lead. He did not know whether he spat it all out. He asked what it was, and his wife told him she supposed it was sonie,white lead which .had been left in the house by the last tenant; witness had lived in the house only about a fortnight. The prisoner asked for the white lead, 'and said it, would be useful for their child. Wheal be had been in bed about ten minutes, the prisoner came to him, and asked whether ,he would have some sugar and butter with her, as he had a cold. Ho told her, he had no ()tension for it ; §he'might eat it herself.; but she said, he must bare some with her. He took two tea-spoons full', but did not'see her take any. He soon after went to sleep, and awoke in about-three hours violently sick, with a'pain at his stomach, and continued so until he rose about nine o'clock: He awoke his wife in the night, and told her he WAS very sick; she desired he would lie still, and the fit would a.,0 off, she supposed. In the morning sh'e made him some tea, of which he took two 'cups ; which, howevei‘, did not remain long upon his stomach. About One o'clock she prepared some broth, of which he took a basin full. At the bottom of the basin he Observed something as white as t!our. Prisoner took some broth in another basin, but . he did not look into it, to olaserve whether there was. any sediment in that. He was , •lek after eat ing the broth, and continued ill till the next flight. Continued very weak and poorly, but did nut consult a medical man until the following Satur day. Mr. CLIFFORD Cross-examined the witness with great judgment and ability. Every question that he put produced an answer favourable to 61! pri soner. ,Witness and prisoner had been 'married about twO years find nine months ; they had one child, and the prisoner was now in a " family way. : ' \ The prisoner's mother tad been in the habit of practising in medicine, and the prisoner herself was esteemed a good doctress 'she ,was in the habit of curing scald-heads, a,nd white lead was a principal ingredientin her recipe he had DO reason to think she had 'any spite against him ; they never quarrelled, but were always on good terms ; she poured the broth out of the same kettle for both of them, and he ,did not observe that she put any thing in. his basin That was not fat hers. On a question from the Judge, it appeared that the witness was sometimes absent from his wife, on account of his work ; sometimes they lodged with their revective parents, and then came toge ther again. . . _ • Cross-examination continued by Mr. CLIFFORD. The medical man to whom' witness first applied told him he had an inflammation on his lungs„ and gave him physic for that complaint. Mr. John Witham, druggist; Of Ashborne, exa mined.—First saw • the prisoner on the Gth of April, when she came to his shop to purchase some arsenic ; witness refused to let her have k, and informed her he never sold it to one person alone ; the priSoner left the shop, and returned in about five minutes with Elizabeth Uopestick, who lives at Bradley, and 'had I.een in - the habit of coming to his shop. He asked. Copestick whether he could with propriety let the prisoner have the arsenic, and she said she knew both her - and her friends. He then let her have it, and did not see her AgairA until she was in custody. Cross-examined.—Believed arsenic iniglt be used in the cure of scald-heads ; the prisoner made no concealment. • Elizabeth Copestick swore the prisoner told her wanted the` arsenic for her Mother to cure .some person of the itch. Cross-examined.—Her mother was famous for curing the iteh,. and so was the prisoner ; they were women of good character. Mr. Spencer Harrison, surgeon, of. Alstoncfield, (who was not the medical man to whom the wit ness first applied), deposed, that'Samuel Sheldon came to consult him on the 13th April ; his geuerel • appearance struck him as being strange ; he was bloated, , his lips stivollen, and his mouth much. inflamed; tongue white and furred ; believed his illness proceeded from having taken poison. Cross-examined.—A white and furred tongue generally accolptinies fever and inflainuiatiorr ; if tie had met with poison, and had put it into his nauth, and swallowed any, it might have produ - eed inflammation. . THE ARMY The following is a correct Statement of the Troop and Cavalry Reinforcements under Orders for the Peninsula, &c. 4th Regiment of Foot CO Rank arid File. 9.4 th Ditto 30th Ditto lOO Ditto . 34th I); .') 51st Ditto 77th Ditto lOO Ditto' Sod Ditto 3d .Dragoon CLi;:r...l-7. 4th Ditto Gth Ditto 30 DittOt lit Dragoons ..- Pck Ditto • 4th Ditto 6O Ditto SO: Light Dragoons. 53 Ditto 11th Ditto 19.1 h Ditto q4 Ditto 13th Ditto 14th Ditto • 16th. Ditto tit Ditto A new comet has been discovered by M.Pons', of the Observatory of Marseilles. , He round it in It cavial sweep of the heavens on the morning of JulY Its course was then between the. feet of the Cameleopard and the head ot . the Lynx. The disco very has since been ascertained by Delambre, with the additional circumstances, that the comet 1 5 1 small, without a train, invisible to the naked 4ei butclearly seen with a common. night telescope. There is a man at present living in Hull, wilt ) haS been the father of 27 legitimate. children, 2 1 of whom are now alive ; and among them are " sons, all of whom are at present serving in tie , "loyal Navy. • BIRTHS. . , Ou the Bth inst. at Courty:ala, Glamorganshire, the Lad/ of 'll.lcialas bates RCus, Esq. of a Laughter. . the tOth ins;,.. IN,lrrvieh, the Lady of Captain B ort, R. N. of Dauglittk. On Monday last; at Moreton-Hall, Cheshire, the Lady (.4 'Cuorgt: Acliers, e.,f a Sun. . . M AMU ED. - Yesterday„ at St. Martin's iu the Fields, William Hoa g Enight,Ers - trine, of Pit.tudrie, in the Count) , of. Aberdeen* I:mi. Lieutenant-Colon in the 27th Regirnent, to Miss-Nu:- Ina - lid, only danghter of Captain Non:hand, of-the East-furii't Company's SerNice. . , Uu Satan - 04y laSt, at St. George's, Hanover-struarc, Lieu tenaal-Colonel of I-lodsack Priory, ir. the COLIllq " ..Noitine, - harn, to Italia, th. r Olter of the Marchioness Lansdowne, and. co-heiress of the late Sir duke Gi' 1,10, mart. 0,4 the Sd inst. at SA. Paul's, John C. Daxon, Esq. oft 37th itegiment„ - to Miss - Marin , Jane Fuller, daughter 01 ReV,-Thoulas Fuller, of CatslieW4louse, Sussex. L . On Wednesday the 23th ult. at his house •at Kensingtor'' Gore .N.C:colni :it'i)utiie, Esq. late of the Island of Jam aica. 'On fuesthty lagt,•at. - her house in Soho-sq:lare, ut.ad 49 ' Mrs. E,,ither, liichner, wife of. Mr. Otto•Bichner. On Monday se'nnight, in consequence of a fail frota 1 1 . 15 f/ hOyse Georte Tandy, Esq. of Batrath, in the Co uutY u . . 1 1 -On Thursday se'nnight,,aged 92, Mr. Henry ' Be rr y' Duke-areet, forme' ly Engineer of the pails of LivcrpoQ and Projector of the S.ailltey Canal, COAL MARKET, AUGUST IR. Ships at Maraet.. Ships sold. Pried. A 13 Newcastle . . .. 14 . . . 445. Od. to -555. t(i: 1, , Welch • riic;ri WATER AT LospoN BRIDGE. TO-MO/ i..R° W. d, Nloniing - , 21 mint:tissafter 6. I Evening, 47 nAnutevatler .Two witnesses were called, wl:o gave the pri soner a most excellent character they had 1:(7 from tier infancy; she was a good and ve r y ( I ! itift4l d:,..ughter and wife—never •knew :any thing.bad or her parents—she practised ale- Si;' SIMO;iLT. ilk-ANc summed up with great candour ;--,..15.1 obserVed, in the course of his com ments On tins extraordinary case, that no motive bad been assigned for the commission of such an act, nor had aby animosity been provo.l to have subsisted between the parties. In a case where there appeared 110 cause for dissension, there was considerahledifficnity . in deriding on the motives that could lead to;. the perpetration .of `such a crime, and this dihiculty would operate in g iavoul• of the prisoner. One principal , circumstance aizainst her was, that she had bought 'the a circumstance in her favour was, that she" had done it openly. The Jury, after a very short consultation, re turned a-vercbct of Not Guilty. [During this interesting trial, we observed that the witness Sheldon, and the prisoner, his wife, never once 'looked at each other. Sheldon ap peared to give his evidence fairly and imparVaily,, without spewing any bias whatever, either toward or against the prisoner . ; and the countenance of the prisoner herself exhibited nothing but inno eence and simplicity.] PRISONERS OF WAR. ,• i At the late Lewes Assizes, James Rubinson, who holds a mill in the neighbourhood of Oswes try ; 'John Hughes, - landlord of the Red Lion, and • Postmaster at Rye; and Wi!liam, Hatter, Fisher, man, of that town, were convicted before the Right lion: Lord 4LEI BOROUGIt, of a conspi racy to effect the escape of, General Philipon and Lieutenant Gamier, two french Officers, who, in breach of their . parole_ of honour, absconded from Oswestry, on the 30th of June last. The ` evidence adduced in support of this charge satis fied the Jury not only that theac men AV:NT guilty of this conspiracy, but that Robinson and Hatter had actually conveyed the two Frenchmen to the enemy's coast ; and the Jury, without hesitation found them guilty. His Lordship, in an impres sive ;tanner, .after expatiating on the enormity of this offence, which he declared was scarcely to be distinguished • from high treason, adjudged Ro- binsop and Hughes to be confined in the common gaol 8f the county of Sussex for the space of two years, and within the first month to be placed in and upon the pillory, on the sea shore, near the , town of Rye, ,and as near as could be within sight of the coast of France, that they iniglat be view ed, as his LbrdshilY observed, by those enemies of their country, whom they bad by their con- duct so much befriended. And Hatter, having, been on the same'day convicted of an offence' for which he had been sentenced to be imprisoned for twelve calendar nionths, was adjudged to be imprisoned in the same- gaol for the space of tn - 0 years, to be computed from the expiration of his first sentence.