The Sun. — London, England, 1824-08-11 00:00:00

FILENCII PAP EltS. [Prom the ROW of Aug. 9.j Si. CLOUD, Au“. B.—The King heard mass in his apartments. After 111418 the King re. calved the Grand Dignitaries, the Amhassa dors, at the head of whom was the Papal Nuncio, the Ministers, the Marshals, Peers of France, Deputies, and a great number of Func tionaries, civil and military. Pants, AUG. B.—The return of hls Majesty to the Tuileries being fixed far the 10th, several caravans, with effects for the use of the house hold, arrived yesterday. (From She Moniteur o f Sunday, Aug. o.] The official part contains a very long report made to the King by M. tie Corbiere, Minister of the Interior, on Ow state of the canals and other works undertaken hy virtue of the laws of `,loth June and sth August, 182 . 1, the 17th April and 14th August, ltit2. This report (says the Etoile) demonstrates that, notwithstanding the obstacles raised by va rious speculators who endeavoured to paralyze 'theeffurts of competition, the Administration has attained important advantages in the course of the last season, and has prepared the means of obtaining still greater in that which is now be ginning. The greatest activity prevails every where ; the season favourable for carrying on the works 'is turned to the best account, and the monthly accounts received by the Director-General of the Public Works, whose economy cannot be too - much praised, announce that in the month of April only the expenses amounted to nearly 1,460,000 francs. in the Mirth, South, East, and West, and in the centre of the kingdom, thousands of hands ery zealously labouring to complete. these great works, which present so happy an application of 'public credit to enterprises generally interesting, and which will be durable monuments of the foresight of the King, and of his solicitude for the welfare of future generations. ( From the - Constitutionnel.) The Veridipe, a Journal published at Montpelier, contains • Circular addressed by the Procureur-General to the Juges de Pais and other officers, complaining that impious andlicen tious works are circulated by being sold in lots, and requiring them at all sales to put aside impious or immoral books, or books already condemned. On this Circular, the Constitu. tionnel remarks, it Ores a wide field to the discretion of the taut's, and they may, perhaps, put aside the nouvelle Heloile, she works of Muliere, and even some of the Novels of Madame do Geniis. if the officer is a partizan of the Archbishop of Toulouse, he may condemn liousset, and not allow Pascal to be read. As to the Philosophers they will no doubt all be pro scribed ; but some of the officers may include under this title Fenelon, ISlassillon, and Boileau, whose works arc already enr iched. The Procurfur-Gencral is recommended, therefore, to an index to hix circular. (Prop t/s Journal do Paris.) Our Nuremberg correspondent informs us, that a considerable number of Prussian troops, of ovary arm, are now in the march of Braude!). berg and Pomeravia, whence they are to proceed to H certain paint in Silesia : they will form an army ()Ns hich the infantry a lone w ill amount tomore 'than 40,000 men, and are to he reviewed on the tbh or 16th of Aug. by the King, who is to leave froplitz on the 18th. His Prussian Majesty has given up his intention of going to Prague and to Carlsbad, at which latter place he was to have had an interview with the King of Englund, ntw, it appears, leas determined on not vi4l‘ing the •Quotinent this year. Ano. s.—An important trial is to take Owe in the course of this month before the Court of Assize of the department of the Aube.. The accused is a young and pretty woman, the daughter of a surgeon of Alontmorency, sus• L pected of having poisoned her husband 15 days lifter their marriage. On the husband's return from a journey, it appears that his wife served him up an omelet, of the taste of which, as well NA that of the wine► • she gave him to drink, he uomplaine•d. Shortly after lie. experienced a vio lent attack of the chafe, which was followed by vomiting, ; and five or six days after he died. ---At the request of the uncle of the de. ceased, the physicians opened the body, but refused, for what reason is not known, to de c.iare the result of their examinetion. After the body had been buried for five days, it was disin t.'rred, and the contents of the stomach were ordered to be analysed, as also the grease of a saucepan which wits found concee►letl in the house. On the first examination Is2o witnesses were heard. The Royal Court of Paris, before ordering the .caused for trial, had her brought before them ; they also charged Mesrs. Vanguelin, Orfila, and rlarruel, to analyse a liquid cont►►ined in a phial, sod which had been transmitted to Paris by the physicians *lto examined the body after its dis interment. It is said this case will present some very curious and extraordinary details. • „, RLANCHO LT Aeon Emr.--An Inquest was yeaterday held at the Ben Jonson, Shoe lane, Fleet-street, be fore T. Snvt.TON, Esq. Coroner, on the body of Jane Sykes, Are tt,64. W. Wheatley lightennan, sworn, deposed he was no board a barge which he had the care of, lying oft' Rosher's Wharf, on Sunday evening last ; there was another barge about r, at , & t ad, from hie ; he had,been on board during the evening in company with the deceased and her husband, who slept in the cabin. Witness went to bed between ten and driven o'clock ; at that time the other barge was aground, be lag low water. About one o'clock he was alarmed by the hus band calling out " Will I Will I" On getting up lie observed the other barge rapidly sinking, and it was with the utmost dif ficulty he succeeded in rescuing the old man (Sykes), who was &limit drowned. It was impossible to save the deceased.— Ile conceived this melancholy . accident was owing to a plug at The bottom of the vessel being out. William Sykes was .now led into the Jury room in a state of great debility.— He deposed, he was first alarmed by the water rushing upon them in the ado. I got my wife by the hand, endeavouring to aava het, and called mit to the first witness ; she was not ah, la to get out of the cabin, and witness wa s then obliged to 'et go her hand, and saw her no more. Ho could not account for tte plug being out ; it might have been forced up by the 'water. The barge was heavily laden with stones. lour wit "idt that about !bur o'clock they went to se arch the barge, having heard cf the accident, and they discover ed the de eased floating inside the cabin , which was nearly filled with water. The Jory,,immediaily returned a verdict of " Accl . dentally Drowned. A. letter from Spain says, that the only buyers of church Itiod4, who have had their purchase money restored, are Don CAitt,os and Don Fit AN- Gisco, tike KING's brothers. The other buyers h ave not only been defraudad'of their property, but have been treated as criminals. King Lem- DINAR)), however, in the excess o f hi s c l emency, jos, by a re cent decree, admitted them to puriti• cation, CRIMINAL LAW OF ENGLAND. The REPonr of the SELECT COMMITTEE of the flotrsE of COMMONS, appointed to consider the cxpedicnei of conso lidating and amending the CRIMINAL LAW of ENGLAND. The Committee having called before them Anthony Ham. mond, Esq. of the Inner Temple he submitted to thin the Papers marked Nos. 1,2, 3, and 4, which form the Appendix to this Report; and having maturely considered the same, your Committee came tothe following Resolutions :-- • 1. Resolved, That it is the opinion of this Committee, that it is expedient that the Statutes relating to the Criminal Law, should be coesolidated under their several heads. 2. Resolved, That the Chairman be directed to move for leave to bring in Bills, pursuant to the above Resolution, con solidating the Criminal Law, without any amendment or :the ration. 3. Resolved, That it Is expedient that certain omissions and anomalies in the present state of the Criminal Law be brought under the consideration of the House, with a view to remedy the same by Legislative Provisions. 4. Resolved, That the Chairman be directed to move for leave to bring in Bills, supplying such omissions, and remedy ing the existing anomalies • such amending Bills to be wholly distinct from the consolidating Bills. st Et HAMMOND'S GENERAL STATEMENT. The measure which I have the honour to submit to this Corn mittee was projected by me several years ago, since which period 1 have been occupied in bringing it to that complete state at which it has now arrived. The measure contemplated has two distinct objects, I st , The Amendment of the Criminal Law ; 2d, The Commlidation the. Criminal Law. And so entirely distinct in its nature is each proposition from the other, that the propriety and practi cability of each must b?, considered isolated and by itself; nor can the rejection of the one involve the condemnation of the other. And First, as to amending the Criminal Law. Ist. Every person performing an action, not only attains sonic end or purpose; he employs certain means for attaining it. Now the law, in defining what actions shall be criminal, makes a description of the means employed a part of the defi. nition ; so that an action attaining the Immo end with one de nounced, but employing different means, though equally re prehensible, yet, from not squaring with the terms of the defi nition, is not punishable. To illustrate this doctrine by a single instance : The end which the successful forgery of a will attains, is to divert :pro perty from that channel in which either the deceased proprietor intended it should go, or the law itself would have directed it. The end which the destruction of a will attains, is to divert property from that channel in which either the deceased pro prietor intended it should go, or the law itself would have directed it. The ends, therefore, of the two actions are the same; yet, from the cause already noticed, the latter is not punishable. " To supply this deficiency, by bringing these omitted cases within the letter, as they are within the principle, of the exist ing law, is one branch of the proposition for amending the cri minal law. Again, to the perfection of a criminal law the rule must be so framed as to embrace the whole of those cases to which its principle applies. To the perfection, therefore, of a criminal law, the power of foreseeing every combination of circumstance that should be the subject of its operation is essential; a faculty withheld from human nature. Penal laws, therefore, in their definitions of crime, are at the first, necessarily imperfect. By watching, however, the course of events, and enlarging the definitions pursuant to its dictates, these imperfections might from tirse to time be gradually corrected. • • To illustrate this doctrine by the amending clauses of the Draft Bill, consolidating and amending the law of forgery, forming No. 3 of the papers annexed ; a branch of criminal jurisprudence, to which more of the public attention has been directed than to any other, and which therefore may fairly be supposed to be more perfect than any other. The deficiencies amended by this Forgery 11111 are as follow t 1. Crimes originate from one of two motives ; Ist, The de. sire of benefiting ourselves; 2dly, The desire of injuring our fellow.crestures. Motives of the first class are called fraudu. lent; those of the second malicious, Now, with the exception of three learned persons, the authorities in defining forgery make a fraudulent intention an essential term of the definition. Furgerits, therefere, induced by a malicious motive (fabrica. ring, for example, •anether's signature to a traitorous letter, with the view of bringing his life into jeopardy) are not punishable. 2. The ends attained by falsely personating another, and by forging his signature, aro, the same, and the motive inducing either equally criminal. It seems, however, to be altogether doubtful, whether at common law false personation is a crime. And though the Statute Law litt3 made it criminal in a variety of cares, yet neither are Ow whole embraced, nor any, u IL seems, which aro induced by a inalichnot motive. A 3. n intention to defraud a private individual, and an in. tention to defraud a corporate body, are equally criminal ; and the consequence, when 6arried into execution, at least equally mischievous. Yet from the doctrine that u corporation is not a person, and from the enanetmenta against forgery frequently using the term person only, Ibrgeries in fraud of a corporation are not within the terms of an enactment. 4. Enactments against forgery, in particularising the specific writings which shall be the subjects of their pro. visions, designate them as bills of exchange, promissory notes, deeds, wills, and so forth, seldom addi nq " or re semblance of the same." Now, as a writing is not en titled to the name of a bill of exchange, promissory note, deed, will, and so forth, where it is wanting in certain formalities which the law has prescribed for instruments of the particular kind, it is questionable whether a forged ' writing resembling a genuine instrument, hut wanting In some trifling formality, ie within the ena c t ment . Th e. motives whichinduce fabrications, formal and informal, are the same; anti the mischief (as fir as the public are concerned) consequent on each is similar likewise. Hence, to clear up this doubt (by making the two species of fabrication equally criminal) is the object of the tburth amending clause. 5. The act Of passing off the bill of an insolvent, represent ing it us the bill of an eminent merchant of the same name, is equally criminal, and in its. arms equally mischievous with the act of forging the merchant's signature to the bill. Yet in consequence of the doctrine, " that to be a forgery the writing must be false," such offence is not within the enactments against forgery. To remedy this deficiency is the object of the filth amending clause. 6. It items that the act of delivering a forged writing to an cc in order th at h e may p ass i t off, is not within an enactmentaoniple' ic against uttering forged writings, "as true." Yet the guilt and mischief are the same as where the deliverer him self passe s it oft: Ilente, to remedy this deficiency, is the object of the sixth amending clause. 7. The rule, that in prosecutions for forgery, the circum stance that the instrument, if genuine, would subject a person to loss or liability, renders him an incompetent witness, is agreed by an to be an anomaly, without any foundation in rea son to support it. To remov e t hi s anomaly, with the incon veniences whie it produces is thc'object of the seventh amend ing clause. O. The term order,' in the 7th O. 11. c. 22, is taken strictly, and limited to instruments which, either from their purport, or from the authority which, in point affect, the drawer is entitled to assume, are compulsory upon the party addressed, leaving him no option to assent or refuse. Yet fabricat an order which is not compulsory, is equally cr i m i na l, u nits effects equally mischievous as where it is. O. That a promissory note may fall within the 2 (leo. c. 25, a. 1, it must be for payment of money onl, and not in the alternative, for that or so me thi ng e l se. Yet fabricating an absolute and an alternative contract are equally criminal, and in their effects ahnOst equally mischievous. 10. A question has been raised, hut not determined, whether indorsing u bill in the prisoner's own name, falsely stating that it is done by authority of the payee, is forging an indorsem en t within the 2d Geo. It., c. '25, s. 1 ; 31 Geo. IL, c. 22, a. 711; awl 45 Oeo. IL, c. 89, a. 1. To settle this question in the affirmative is the object of the tenth amending clause. 3. Again : Of the numerous offences classed by the Roman law as public crimes, a large proportion were treated at the first as civil injuries only; and when the alternation was made, frominattention to the difference between a civil a nd a cr i m i na l proceeding, rules hitherto applied to the civil proceeding wore improperly extended to the criminal. Ily a civil proceeding against the author of an injurious action, a particular person seeks to redress his individual grievance; and it is reasonable to reject his suit, where ordinary circumspection would have made him secure. But to defeat a criminal prosecution for the self-same act, because the immediate sultiaer might, with due caution, have escaped, is erroneous, since the object is, not to avenge his wrongs, but to remove an evil felt by the wholecom mutiny. Into this error, however, the Roman haw has fallen, and the English Criminal 'I Law, of which the other is the basis, has followed the Example. -7 170 illustrate this doctrine by the case of fraud : The rule is settled to be—»'l hat frauds, when aimed at pri. vale individuals, and the effects of which are limited to a single instance, are not indictable at Common Law, unless they are such as would dupe a person of ordinary circumspection. The origin of which rule may be stated thus : fraud was not recog nised as a crime at Common Law till after the statute of the 33 Hen. VIII. c• I. In certain cases, however, it was redressed as a civil injury at a much earlier period; in those cases, namely, where ordinary circumspection would not have detected " The few eases in which the destruction of a will line hecn mode the subject of an Indictment, are all cases of conspiracy ', and so charged. the imposture; but in those only, since r;glMnlibus, won dor tnientibus, serviune Irgcs. Now, in crimes against private per sons, the sufferings of the individual arc what chiefly draw attention ; and, in Consequence, the criminal suit comes to be regarded as a mode of avenging his wrongs. • * • • • • . To these reasonings, should it be objected.that fraud is now recognized as an offence at common law, it may be replied, that the phrase " Common Law" has two diarent senses—one proper, the other figurative. In its proper signification, it de signates that collection of customs made and digested by King Alfred ; in its figurative sense, we intend those principles of reason which should govern in the absence of positive autho ritY Now in speaking of fraud, it is in the latter sense only that we apply the phrase, of which the proofs are two; Ist, the absence of all evidence that fraud was recognized as a crime antededent to the Statute of Henry the Eighth ; 2d, the inuti lity of that Statute, had the, recognition been made. Nor w:11 the single instance—that a common cozen er , one use d to pl a y with false dice, is indictable, furnish an argument to the con trary : since the frequency of the practice, and the general dis position ma nifested, not any particul a r i ns t ance o f d e f rau di ng are the grounds of criminality. • • • • • • Next as to the Consolidation of the Criminal Statute Lam. In discussing the nature of this amendment, I shall examine five several questions :- 1 What are the advantages of a Consolidation ? 2 What the disadvantages ? 3 Whether any plan for consolidating the Statute Law has ever yet been proposed ? 4 If not, then whether any can he devised ? 5 In what mode the sufficiency of the Consolidation Bills is to be ascertained ? The advantages of a consolidation are, first, that it brings under one point of view, that which now lies scattered over the face of many volumes. Secondly, it wertains the reciprocal influence whi c h a variety of Statutes, each applicable to the same sub ject, have upon each other; a knowledge which, under the present state of things, it is matter of the greatest difficulty— nay, often of impossibility, •for the most comprehensive mind to attain. Thirdly, it detects and reconciles those contradic tions and inconsiktencies so constantly observable where a num int. of Statutes have • beep applied, from time to time, to the same subject. Fourthly; by reducing the law to a greater cer tainty, it diminishes litigation ; and by • exhibiting a clear, distinct, and connected view of that law, it enables us to ob serve, and observing to supply, those particulars in which it is defective. • • • • • • • I shall now conclude with some observations, with respect first, to Amending the Text of the Statutes; secondly to the Papers annexed ; lastly, to the State of the Code, Consolida tion, and Amendment of the whole Criminal Law. 1. Much has been said against the verbiage of our Statute Law; and comparisons, to its disadvantage, have been drawn between itself and the written laws of other kingdoms. This censure, however, seems, for the most part, to be very unme rited, in that much of the verbiage of our Statute Law results from the genius of our Government., To explain at length. There are two modes of legidating7 1. Employing general terms ; 2. Avoiding general terms, anti confining ourselves to the enumeration of particulars. The first gives the utmost la titude of discretion to the Magistrates ; the other leaves them little or no discretionary power. And as the first principle of a free Government is to.leave nothing to the discretion of the Magistrates, and as the only mode of doing this is by dealing in n j particular terms, this feature is characte stical of English u nanrudence, as the other characterizes that 01'4 foreign nations. Thena are, indeed, some branches of the law (vulgar crimes for instance, that have no relation whatever to virtue) in which the utmost latitude of discretion might, with great safety, be given to the Alagistrates, were it not for the consideration that to introduce the generalising principle into one branch of legis lotion, might prepare the way for its. general adoption. In Scotland this discretion is given ; nor with reference to the United Kingdom, is there any reason why it should be with drawn, since, constituted as our Parliament is, their practice cannot extend its influence. Any person, therefore, who sifter condensing the Statutes into one or two volumes, by striking out what he may deem their verbiage, shall appeal to his work as a proof within what narrow limits the Statute-book might be comprised, very much mistakes the real principles upon which alone any curtailment of the book can, with common safety, be attempted. That principle is, to preserve the verbiage of the Statutes, but, by uniting two or more together, to make one serve the purpose of many. If, Indeed, a variation was to be made in the common form of an Act of Parliament, much might be gained in the way of conciseness. When we run over the Statutes of a few Sessions, we observe under separate chapters, a variety of the same common enactments;; those, for example, which relate to pro cedure. Now, if two preliminary Acts were to be passed, one applicable to the Civil, the other to the Criminal Law, declar ing that such and such modes of litocreding shall be the modes prized and. establi s h e d' by the' English Law, and distin diNialting each mode from the' other, by numbering each tot distinct section ; subsequent Acts, toatead of repeating such provisions, might declare that such or such sections of the pre ' liminary Act Anil be applicable to its own subject matter. The following will illustrate what has been said:-- lie It enacted, That the modes of prosecuting offences against the Statute Law shall be the following : Sect.l. Indictment. 2, Bill, plaint, or information, &c. li. Summary conviction befbre any two Magistrates in the form numbered (A.) in the Appendix, or to that effect. 4. Summary conviction before any one Magistrate in the form or to the effect aforesaid. 5. Summary conviction before two Magistrates having jurisdiction in the place wher e Inc offence was committed, in the form or to the effect aforesaid. 0. Summary conviction before one Magistrate having jurisdiction in I he place where the offence was com mitted, in the form or to the ell'ect aforesaid. And so of the rest. 2. With respect to Nos. 3 and 4 of the Papers, the Dill namely, and the consolidating process. Title forgery has been, selected for an illustration, sence the nature of the subject mat ter (involving techni ca li t i ett ? flicultiett than any other branch of i , anti the multiplicity of the enact ments, presented greater t Criminal Law . ; and yet these have all been surmounted. It Is observable, that many clauses in the 11111 are re-enactments merely of existing regulations. They now form a part of the Bill, that the p ract i ca bility o f un i t i ng t h e w h o l e of any given branch of Penal Law, should the union be deemed advisable might be demonstrated. (Signed) ANTHONY HAMMOND. MANCHE:STEIL 3 OURN LYMEN DTERS.-011 Mon day the major part of the Journeymen Dyers of this populous town " turned out" for an advance of Wages. The masters, it appeared, were determined to make no advance, and the con sequence was, the desertion of nearly all the dye-homes about the town. Large bodiers of dyers, to the amount of several hundreds each, parceled the streets,_ and some of them visited those dye•houses where the men, keeping at work, thought " half a loaf better than none," and by repeated cheers and groans endeavoured to gain an accession of malcontents. se veral placards were posted in various parts of the town, from which it appeared that the majority of dyers of Manchester and its neighbourhood did not receive more than from 12s. to I 4s. per week ; and that all above this rate, as represented by their employers was for " over-time," in which they worked until 10 or 11 o'clock at night. The origin of the turn-out would seem, from the statement of the men, to he the knowledge which they had obtained of4heir toasters having received from the menu facturers in advance of prices; and consequently they thought themselves entitled to an advance in wages proportionate to the increased profits of their employers. The masters, detemilned to bring their men to their duty, published hand-bills stating their Immediate want o f several stout, active lads, and young men, who would he taught the business of dyeing, and receive constant work and liberal wages. This called forth from the journeymen another appeal to the Public, in which appeared the following statement The liberality of the masters is already well known, in refusing an a d vance w h e n they themselves r e ceiv. ed it. The following is a correct statement of the liberal wages given to learners t--11e must work for several weeks for nothing! lie will then, for a length of time, receive oa. per week, and if fortunate, he may arrive at Ha. or I Os. per week, and there must remain. So much for liberal wages. It is a well-known fact, that men who thoroughly understand their business, and who have worked at it for upwards of twenty y ears , d o not receive more th an 1 2a. , an d some only 10s. If such are the wages given to old hands, what prospect is there for the new ? For these wages the men ate obliged to be con fined in a stove of 104 degrees of heat, after which they are re. peatedly sent to wo r k in cold water, without being allowed time'to cool themselves ; would it not require the constitutions of horses to support this, on the wages given The journey. men only add, that they wish the golden maxim to be acted upon, of doing unto others as people would wish other to do unto them.' Let every one follow up this, and it will satisfy the journeymen dyers of Manchester.' " We have not heard that the parties have as yet come to any amicable arrangement. Hundreds are seen loitering in various parts of the town ; and if the statement as to the wages they have been accustomed to receive be true, they and their families must be in a state of great distress. It is to be hoped that they will not injure their cause by any violence; and that the masters will make such further advances as their means may admit, and the necessi , ties of their men require.—( ManchesterGaretle.) MURDER. OF MAJOR -HARE. LIMERICK ASSIZES, Aua. 6. Patrick Manane and James Manane (brothers,) and John Greene ' were indicted for attacking the house of Major Hare, and for the murder of the said Major Hare. This trial excited the most intense interest throughout the country. After fib challenges, the Jury were at length sworn. Mr. Serjeint Gootip, as leading Counsel for the Crown, stated the case for the prosecution. Oliver Fitzgerald knows the. prisoners ; recollects the night that Major flare was shot; it was about Candlemas, 1822 ; witness saw the prisoner's on the day before that night : saw them at the race-course of Itathkeale; they appointed before that to meet to go to Mr. Copley's to take arms; witness and the prisoners proceeded from the lime-kiln across the bog, to Mr. Copley's; the party, every one of them, were armed ; they arrived, and got arms at Copley's: they demanded his arms, saying they wanted them only for some time, and would return them. Brown, the deceased, David Donovon, Petri& Manane, and witness, were in the parlour. Mr. Copley went out with the party to give the arms, which were in the pantry; when they went to the pantry, James Menem, the ..prisoner, was breaking the window. The arms were distri buted amongst the party. They left Copley's, and proceeded homewards. On the way home it was prop ose d by one of the party to call at Crawley's house to take refreshments; they agreed, and they went there ; one of the party called at the door, and three of the young men at Crawley's; came out. They were three brothers of the Crawleys; they took the party into a barn; they brought out some potatoes and meat; the party laid by their arms. The Crawleys wished to have some ; the party desired them to get arms for themselves ; it was agreed to go to Major Hare's, and they all proceeded there, except Da vid Donovan, who got tired on the way. Two of the Crawleys, and two strange boys, joined them, and went with them to 31a. jor Hare's. It was night; they went round the house and found the lower windows in front barred ; they went to the rear of the house, and discovered a window which was not barred; they !wok ethat window,and all entered ,except the prisoner (I reene and the two strange men ; they remained out as sentinels ; they dis. covered a room on the right hand as they went in, and found a titan in bed there. lie bawled out; and said he was a servant. man. They left a man over him, anti the rest proceeded up stairs. until they came to the second lobby • there they found a door on the right hand, and a door on the left; the rest of' the party were up before witness, and they went into the room on the right hand; they said, as witness came up, that there was nothing in the room but an empty bed. As witness turned round, the opposite door was opened; a man came out at the door in his shirt and night-cap, and presented a gun at him.— " You rebels," said he, and he snapped and missedfire. He then drew back into the room, and witness threw away the gun he had and followed the man. Witness threw away the gun to Strive to catch him if he could. Just as he opened his bed-chamber door he made towards witness, struck hen with a gun, and cut him in the forehead; witness caught the man irehis arms; the next man that came to his assistance was Brown; Major Hare had a gun in his hand, and witness took it from him ; witness found his face covered with blood, and made a punch with the gun at his left side he caught hold of the gun a second time; then the prisoner Patrick 3lanane stepped back, and shot Major Hare; both the Major and witness at the time had hold of the gun ; witness suffered injury front the shot; Major Hare fell : as he was falling, the prisoner Patrick Me nem: struck hint with the but-end of the gun ; some more of' the party after that got arms ; witness believes that they get the an t is above stairs; then they went down stairs ; witness remained on the lobby ; when he went down, the party had a candle lighting ; witness told them th a t hi s h at remaine d a b ove , and that he wanted to go for it; he asked one of them to go with him ; James Manane went with him ; they went up where they were before; when they came to the lobby where Major flare was stretched dead, Mrs. Hare was in her bedchamber; she asked where her husband was, or was lie dead ? One of them answered, that he was not. They then proceeded into the bedchamber, and demanded ammunition from Mrs. Hare ; she thought that it was money they asked for; she said there was very little money in the house; they told her it was not money they wanted, but ammunition ; she drew out the drawer of a table, and handed James Manane a shot-pouch; there was some shot in it. Then they left the room ; there was a good deal of blood on his face at the time; witness and J. Manane then went down stairs; on going down stairs, James Manane said that there was some blood on him ; witness said it was the first blood that was on him ; before witness went down the first time, he put a handkerchief on his head ; the party got a t Majorl a i n a d r? m a a s i h ic o r r g t g un un w , i a th gu a n h t o h rn at e .la they n considered a fowling piece, stock ; witness does not think that Greene came into the house at all; he saw him outside when they came °et ; the whole party then went back to Crawley's house. Examined by Mr. JACXMON..-:WitnelSB sits there at his ease; witness was present at the murder ; no crime was more atrocious than murder; Witness knew that be had committed crimes, but not to hang 20 men; witness came from America; witness would, take a man's life to save his own, if lie met him in the night; witness carried arms to suppress tyrants; he went to America to avoid bitter things, and to avoid being an in. former; witness, from the persecution he suffered two years, and to save his life, gives evidence; witness was taken at Quebec; he was made a prisoner there; lie might have been hanged if lie had not become an informer ; witness never wrote a scroll on the subject ; be giveilthe detail from memory ; witness had a short gun ; they distributed the arms at Patrick Crawley's ; the men at the bar were acquaintances of his ; he knew them from his infancy ; he would hang men lie knew from his infancy to save his life; he would not damn his soul to save his life; witness was not so calm on the night of the transaction as he is now; he was agitated that night ; he was agitated when the deceased fired at him; witness did not like to see him dead ; he was not greatly grieved ; the transaction took place upwards of two years and a half ago ; witness was charged with other murders ; he was charged with two ; one of them was the murder of a man at Shanagoltien, and the other was the murder of Gorman. Witness was charged with tithing arms ; he was charged with attacking he known not how many habitations; he was in the service of Mr. Lloyd. He was not charged with having pawned silver articles that were stolen at Mr. liewion's ; lie was not charged, but ought to have been charged with stopping a pest-boy at Shanagolden ;he wait charged with having committed a robbery_at the Conitnons of Ilathheale; die man that was robbed might have been threat ened with being shot,but he w as not on his knees. He robbed Mr. Leake of his gun,in May, 11122 ; he went to America; he came back ; and he feared that some of his accomplices were hanged on his return ; he does not think it makes much difference in wwaistnae n s a w n a o s f n t n h t e t n h a a ne intaonf thatO l e e ar s o u n s c h h o a t r i g a n d e i w v i a t h s s h h a o v t i n a g t what way, a man is murdered, whether with a g un or a rope . — n T i g h h e r t e : shot him ; witness heard that there were charges made against the prisoners under the Insurrection Act ; when he left the country, there were charges against them; wh e n b e saw t h e man dead, he demanded powder front the widow to commit more crimes. Mrs. Hare, widow of the deceased, examined.—Witness recollects the night in January, 1022, when her house was attacked ; the attack was made between eleven anti twelve o'clock. She had retired to bed; she was awakened by noise coning from the stairs—the noise of feet. Site awoke Major flare ,by shaking him. He ran to the corner where his arms were kapt • cocked a gun, anti ran out. Witness heard him say, What arc you doing there, you rascals ?" There appeared some persons outside the door, bursting the door open. There was a short s t rugg l e, and a hot was fired ; there were arms In the bed-room ,• they were taken away by the party ; after the shot was fired, one entered the room ; lie asked witness how many guns there were. She told him three. One of them asked for a candle, which he got; after the candle was lighted, two men came .to her room ; one of them watt shorter titan the other; they desired her to give them ammuni. tion ; she handed the ammunition to the short man out of the drawer of a dressing-table, which she opened : one of the two men was a pale horrid-looking wretch, with blood on his face : after they got the ammunitio n , t h ey went out of the room; after they left it, she heard one say to the other, as they went down stairs, that is my blood • •' • c ould , ' , Hum not swear to any of the persons. After the examination of some further evidence for the pro. secution, the following witness was called for the defence : Patrick Crawley exajnined—Witness was summoned on the part of the Crown, on this trial. Ile heard of the death of Major Hare. He swears, by the virtue of his oath, that the witness, Oliver Fitzgerald, did not, on the night of the mur. der of Major Hare, or at any other time, come to his house; he knew nothing of him, or any such person ; witness is a farmer; he holds 40 acres of land; lie was in gaol 3 weeks for no reason. Cross-examined.-Witness, two years ago, lived at Arldmont; his brothers, Tom and' John, have left that place ; he does not know how long it is since they wont away ; the policemen were looking for them; if witness knew where his brothers were, he would not tell.—(A laugh,)—lie heard of the report of Fitzgerald's having been taken up in America; it is along time ago since he heard it; his brothers had gone away 12 months ago-13 months-19 months—two years, he would not say any more.—(A Laugh.)—John took a leap from the guar d as any man in custody would. The Learned JUDGE then proceeded to charge the Jury, who retired for about four minutes, and returned with the ver:, diet—Guilly. The prisoners beard the fatal verdict with awful solemnity, but with unshaken firmness. The Learned JUDGE immediately proceded to pass sentence —that they should be hanged on Monday, the 9th August at the common place of execution, and " b e h anged by the neck till you are dead ; that your bodies be delivered up for disszc don, and the Lord have mercy on your souls." The prisoners heard this terrible sentence with the utmost resignation. The prisoner Patrick Manane, just as the Judga concluded, drew back a few p aces f rom th e front of the doelr., with extended arms, and in a tone and manner the most im pressive that we ever witnessed, replied to the prayer of the Judge, his eyes at the same time turned towards kleaven,-- " Amen, amen, my Lord; p er h a p s i t i s a ll we ll. I hope It may be for the better that we are leaving a place of misery and going to a place of happiness. I forgive my prosecutor; the Jury I freely forgive, as Ido all mankind. We go to meet death like Christian men : may God of heaven bless you all !" The prisoner Patrick Alanane was dressed as a respectable firmer, his countenance sharp and intelligent, his person above the middle stature, and extremely well formed ; Jte appears to be about 34 years of age : his brother's countenance was. not so intelligent; his features were soft and without character. Then was nothing remarkable about Greene. The prisoners were. conducted to the gaol under a heavy escort of the 3d Light , Dragoons ; they passed through the principal streets of Lime rick, surrounded by some hundreds of weeping relatives and friends—a scene more truly distressing could not well be infs. gined. The unfortunate prisoners walked with their hats of, and preserved the same decorous and manly conduct that chit racterised them throughout their trial, and at the awful mellaut of their conviction. IMPROVEMENTS IN THE CITY. On Monday the Donn MAYOR called a spe cial Meeting of the Commissioners of Sewers at Guildhall, to take into consideration the Report of a Select Committee ap pointed to inquire into the practicability and probable come* of diminishing the very laborious ascent from Bridge-street anti Chatham-place to Blackfriars Bridge, and to consider the pro priety of Macitclamising the same, the Committee for GefloP ll Purposes having already given directions for 1 1 1acAdalui ) ' 1 'g the Bridge. After several observations relative to the plan, an estimate by the Lord Mayor, Mr. Alderman Wood, Mr. Deputy Routh, Messrs. Walter and Dan, and Mr. Jones, was submitted to the Meeting, consisting principally of an apportionment of the expenee between the City and Bridewell Precinct*. The Mk port, which stated that the improvement would be advisable , was agreed to, and directions were given to carry the sante into effect forthwith. Mr. Alderman Woon then proposed that the Old BIM should be Macadamised. A very great nuisance would, by carrying this favourite plan into execution near tie! Courts of Criminal Justice, be effectually removed. I n or d e r to prevent the interruption of the cause of public justice, it was 1 41110 found necessary to place a large quantity of straw in the cat.: riage-way of the Old Bailey, and the whole neighbouriated be came in the event of heavy rains a complete quagmire. 'Me" adamisation would supply the place of straw, and an enormous accumulation of filth would be sessionally prevented by ttor' ing the suggestion. The Lo n n MAYOR wished to call the attention of the meeting to another object of considerable importance. lie was _ J per suaded that it might b e scwmp li s h ed, and as this was a sort "1 era in the history of i m p rovements, he trusted that the C i ty of London would set a great example to every other ponth"; place in the Empi re , by ren d er i ng the necessary facilit i es 0 passing and repassing, particularly in her great thoroughfare , - lie believed that every one would admit the necessity of diminishing the elevation of the u pp er part of S ki nner - s treet, the Old Bailey, and the upper part of Holborn-hill, ill such a manner as to do away the existing danger pro duced by the great ascent and descent on either side. TO effect this, and to MacAdamise wherever improvements well undertaken, would be productive of a degree of convenience of the very highest kind. He certainly considered improvements of this nature of vital import ance to t h e tra d e of the vast par t of the population of London, with w hi c h hi s v i ews and exert i o ns were identified. Notwithst a ndi ng t h e a d vantageous terms upon which business was done in th e Ci t y, an d t h e unce a s i ng ettorf s made for the accommodation of cu s t omers , un l ess more ese.t and expeditious access into the City w ere g i ven b y the remor''' of obstructions In the streets, the retail part of trad e wou ld be driven out of it, and much of the wholesale might foll ow . Ilis Lordship, for these reasons, most urgently requeste d t h at the Meeting would not delay a moment in aff ec ti ng t h e improre ments which he and others, who deeply cons id ere d t h e welfilre of their fellow-citizens, propo s ed. H e h a d g i ven or d ers for 0 0 removal of the obstructions in Fl eet - street . A n i mme di a t e at tention had been paid to those directions. The nuisance, which had daily abated since notice had been given of the too. lution of the Court of Common Council, would, he belieletli altogether cease that day ; but he exceedingly regretted, that instead of the old plan of pavem en t, w hi c h fell so infinitely short of that of M'Adam, the latter had not beeneolopted iu that great thoroughfare as well as in Bridge -street. Mr. Jones concurred in his Lordship's opinion, and was ett 4 tretnely glad to find die Chief Magistrate an advocate for im provements, which a long experience in existing obstruction ill , and nuisances most accurately pointed out. It was suggested by sonic members of the meeting that du; last-mentioned improvements should be deferred until those tended at the Old Bailey should be completed. been already l.ui us d i l a a y s e ' t nn t ts)ai long,d, t e an i improvements pbreoevge begged that s a of t no, not a moment should be lost. e the Mr. BLACKET, who represents the Ward which includes Old Bailey, said, he in particular felt interested in the success of those projects. lie certainly thought that the improvemen ts should take place together, as the Lord Mayor, had propostu e for if the plan of Al'Atlam were adopted in the Old Bailey,!! alteration must take place should the measure for lessening ot e w ascent of Snow-hill meet the approbation of those who WC' , enipowered to undertake the work. no th m e oCrietysimbedes • It was at length resolved that the Old Bailey should be M'Adamizcd from Ludgate-hill to t h e D e b tors ' d oor of . gate, and that the Surveyor should report as to the practicsby and expence of effecting th e suggested alterations from th e ;o i g of Skinner-street to the top of Holborn-hill, and to confer' ? " Mr. M'Adam upon the subject. The lionn MaYoit requested the seve ra l Members of - th• • j a Corporation who atten d e d t h e meeting to exert themseiv— their respective W ar d s f or t h e appointment of efficient str r e thy keepers. He represented that notwithstanding the preisen tne t vigilance in some Wards, and the good effeces throng several districts, there were some where the grossest negligeer, and inefficiency were observable. He should request to be w in niched with the names and residences of the street-keeper!!, order to ascertain w h o per f orme d and who neg l ecte d their !Al e The extensive pl an o f i mprovement likely w to be immedn". f l it undertaken w ill ( an d i t i s not the least cogent argument t the Lord Mayor) give immediate and rofitable emplorte e n sve p the nume rous paupers b oth in and out of the several workho!ine It is a remarkable fact diet there is sonic difficulty in g ldis persons to work i n t h e streets, notwithstanding the goe r "; s ad couragement given to mendicancy by its daily exPQ"'" punishment. ~. THE ARMY. TUE COLDSTREAM G UARDS . - -DUBLIX, A ga g 1 i hs evening this fine and orde r ly b o d y of men em b o: "` Pigeon House in several cutters for Liverpool. The e -e of plary conduct of th e men, and the gentlemanly d e p o rtment ure d the officers during their sojourn of a year arr. - .7lgst us, PO c oe for them the respect and esteem of persona of every cins,, s '„ ‘ bf e battalion was accompanied on its rout to the Pigeon " °-- ,,ier, several respectable tradesmen and citizens of the better o n 40 , who evinced by their manner and by their eheerin,f h th „h a vtd pressions which the conduct of these brave and wei " 1 " -- men had made upon them. ntinC HALF-PAY TeNs of p a y men t o f t he three I" h d • half pay to the Reduced Officers of his' Alajeky's,Lann t his due the 24th o f June, 'minding those heretofore borne - i ' 4 Irish Establishment, will be after the 11th instant, 06 Monday, Tuesday, and Wednesday, in each week. nod' The Ist B a tt a li on o f the Coldstream Regiment of f i t h embarked at _Dublin, on the sth, an d di sem b a rked on tic e , tit instant, at Liv er p oo l. Th e - Battalion is expected W 4r " .- London, on Thursday next. euadier A detachm ent b e l ong i ng to the 3d Battalion of the se i - onk 10 Guards, march e d yesterday morning from the King's "I" Kew, to perform the King's duty. msteh A detachm en t b e l ong i ng to the same Battalion w ilt under the command of an Officer, on Thursday next t° - ton, to du the King's duty. The Ist diviston of the 12th Regiment will arrive at - ton, on Saturday next, from Inland. .... , a i ei• lIATT ON - GAnDEN.-llr. J. W. rARII ,- ,„; ob• charged . a Mr. SEAGooD, a jeweller. with bay ing dog structed him in the public stnet, and with . steasiug "': Mr• and collecting a mob about him. No assault was prove", A ir. this charge was disiniised. Mr. P.1111E1)18 then charge" g o, SEAGOOD with havin 4 got possession of the dog four Yer e l list4, when it belonged to Sir. l'Anxiss. The Magistrate " Ana having any farther explanation or argument on the sobjectpoes. the n pa ° r G en s t.Tof l the all'air ended, without any settlement of the imParm lit q tion of property in the dog. by them' tended before Mr. lie v mt., at Worship-street. One e in the c e b s il t d e r r e d n a y w :s everal t. b r a n d i boewennebritstenof dogs, 7 1, child, about three years of age, had been severely bitten c oot abdomen • another boy had his leg much torn. The awno hs the dogs undertook to have them tied up, and one." ali would pay the doctor's bill. Upon this understantbni parties left the office. tit 3 p 3p 9a. Lit Cu 11 4 11: ,141 Ilfq liji itl so ( the rep flu,' Zak silts de* ?du, low iYr th c , ,