The Sun. — London, England, 1827-04-14 00:00:00

MEETING OF CATHOLICS _liv_cbp Of EL. (From the Tipperary Frey Press of Wednesday.) On Sunday last, a meeting Of • the Catholics of the ctrunty Tipperary was held in the new chapel in Clonmel. A vast number of the gentlemen of the county attended on the occasion, the galleries were crowded with ladies, and the body Odle chapel was completely filled with the poorer orders of the people, who seemed to take an intense interest in the proceedings of the meeti ng . The Chair, t eas taken amid the loud acclamations of the vast assemblage by Capt. JAMES I ) t)wER.,, of Ballydine. Mr. J. Luther was appointed Secretary to the meeting. Mr. E. SLATTERY moved the first resolution,. which was seconded by Mr. ST A 1.7 NT 0 The petition adopted by tlat Meeting for presentation to both Houses of Parliamtu' having been read, Mr. &MIL spoke s a follows—The Assizes for this county exhibits deplorels', e spectacle. Judge Burton (that able, humane, ennatfetutional; and truly English Judge) pro nounced the e ca t a l ogue of crime to be unexampled. This alartmay state of things may be connected to a certain ex -4'7:4 locid causes ; but, in my judgment, it is also the rer.ilt of the moral and political condition of the people, lad may be traced to the operation of laws, which cannot have failed to produce an influence upon the character, the feelings, and general disposition of the whole community. `The Penal Code appears to me to afford an adequate cause for all the mischief that prevails—the distrust and aberra Lion created between the higher and lower classes by laws, which foster religious acrimony, are the main-spring- and fountain-head from which thipublie calamities flow. In Great Britain the different departments of the community are not divided by any immediate and palpable line of separation— the :boundary between the different decries of society is scarcely perceptible--111 ranks are connected by regular and successive gradations, and are chained by a series of small and uninterrupted links. The whole body of the people have A common interest iu maintaining the law by which 'they are equally protected; but, in Ireland, the population is divided into two distinct parts, by a barrier erected by the Legislature, which keeps them at a distance from each other.—(Hear, hear.)—The Catholic is separated from the Protestant not by his religion (because they live in other countries in perfect harmony) but by the law which renders religion the standard of superiority. Thus the Penal Code becomes a hot-bed of had passion—an interruption of sympathy is produced by this artificial separation, and having no participation of feeling, both parties have become accustomed to consider their essential interests as distinct. The gentry, who are in a great measure com posed of the professors of the privileged religion, have no influence over the mass of the population, from which they are kept :minder by the law.' Thus a sentiment amount ing to linvtility, rendered more or less active by local cir cumstances, is generated between the proprietors of the soft anti their dependents, and the people feeling themselves disqualified and degraded by the law, which lets a mark,of U'sna - ace upon them, instead of resorting to it for protec tion, are thrown into confederacies and associations founded upon a mistaken principle of self defence. The law first snakes a caste, and that caste resolves itself into multiform combinations, an universal tendency to organiza.tiOn is pro duced, and as the lower orders are uncontrouled by the in fluence of education, their turbulent passions acquire addi tional ferecity when brought into confederacy, and lead to the perpetration of the most atrocious crimes of which they are themselves the ultimate victims. If a better understanding existed between the people and their superiors, I conceive that a useful moral intercourse would be established, the le ttimnte influence which the gentry ought to possess 'would be restored, the associations of guilt which justice has not been able to break up would be dissolved, and habits of peace and sithordinatiOn would gradually grow up. But how is it possible that any good understanding can exist between the two classes of which I have been speaking, while kept apart by the .impolitic and exasperatin;- dis tinctions created by the legislature? I feel , the greater confidence in the justice of these views, because experience has proved the inef f icacy of the measures to which Govern ment haw successively resorted. Special commissions, in surrection acts, const abulary troops, have failed to subdue the people into civilization. The Government (to use Mr. Plun ::!eett's phrase) has not been able to inflict peace upon the people. measures of severity- may have had the effect of checking the moral disorder, or rather of throwing back its symp toms for a time; but the result has afforded abundant evi dence that the source of the malady was so deeply rooted as to be incapable of cure by local and superficial applica tions. The venom, if I may so say, Las been absorbed into t'o. constitution, and cannot be expelled except by changing the whole action of the political frame. I think it must be admitted; - that after the failure of every other experiment for the pacifteition of Ireland, , it Is at least worth while to try the only means to which the Legislature has not yet resorted, and which many wise and good men have pro nounced to be the only means by which peace and good will can be established. I think that if Catholic Eman cipation were substituted for the inefficacious measures which our opponents recommend, a general reconciliation between all classes would be prodisced—metual confidence would be created, an interchange of cordial feeling would take place—the obstacles to education which arise from political causes would be removed—the habits of the higher orders would be insensibly communicated to their inferiors—a reliance in the law would he diffused ---the people would be taught respect and gratitude to their superiors—and the latter would grow anxious to cherish and protect them. These views and, opinions I have en deavoured to embody in a petition to the legislature, which under the existing circumstances of this county, I think it judicious that you should submit to their consideration. Having said thus much with regard to what I believe (however I may be mistaken) to he the source of the evils by which we are afflicted, I consider it my duty to address to this immense assembly, composed of several thousands, and comprehending a vast body of the peasantry, some well-meant advice.—You know me to bean active, and I may add, an honest member of your community; and you are well aware that in the course which I have adopted, I have not displayed a mean and pusillanimous spirit, but am as deeply sensible as any, pan of the wrongs which are in dicted upon my country. What Isbell say, therefore, in the shape of strong remonstrance and reproof, will, I hive, be taken in good part. —(Loud Cheers. )—Now I tell you plainly and undisguiaedly, that although I consider the government to have adopted unavailing and inapplicable means for the re storation of tranquillity, yet that I look upon the crimes com mitted amonest you, not only as destitute of any (even the least) palliation, but as among the most disgraceful—(but that is a feeble word)—l should say, the most deserving of execration that stand in the annals of atrocity. Gracious God ! what have I not witnessed in the course of the few days which the Assizes have occupied ! The recollection of what I have seen and heard before the public .tribunals is enough to make the blond cold, and to suspend the heart iss its beatings. Well might the 'excellent Judge say; with tears in' his'eyes, that he'lacl not in the course of his j u di c i a l experience beheld SO frightfill a mass of enormities as the calendar displayed. It was, indeed, a bloody mis cellany of dreadful—l would rather say, of infernal guilt. Look, for example, at the murder of the Sheas—(Loud cries of hear, hear,)—look at the midnight conflagration of eighteen of your fellow-creatures, and tell me, is there any thing in the records of horror by which that accursed deed has been excelled ! Merciful heaven ! not only seventeen human beings, most of whom had never offended the perpe trators of their death, were sacrificed in that night which stands without a parallel,—but the unborn child—the little infant who had never lifted its innocent hands, or breathed the sir of life—the little- child in its mother's womb. But I sea wrong in sayingthat thechild who perished in the flames was not born. The wretched kinsman of its unfortunate mother ga ve a more just description than I have done.— When asked how many were consumed in the flames, he said there were seventeen, and that if the child that was dropp e d (for that was his phrase) in the burning be counted, it would make eighteen ! Born in fire !—sent into the world- in the midst cf a furnace !—transferred from the wemb to the flames, kindled by fiends, who eiulted around them'. ••Stretched on a bed of luxury and of softness, wornau groans upon the rack on which she is laid by nature, but what must have been the pains of that delivery in which mother brought forth a child, and while she was herself perishing in the flames, felt the infant that was clasped agains t her bosom, consumed by the fires with which she wls surrounded. I should not withhOld` from you an incident illustrative of maternal tenderness, which adds to the honor of this abominable crime. The mother c f the new-horn child was foetid dead near a tub of water in which she had pl ace d her infant to save it, and the child was discovered witkite) oa ni burned off, and the rest of t h e limbs preserve d be - wate r pa i ns of death an d child ter in which the expiring Mother had st riven in the united birth to preserve it. What sh a ll the we say of this ! In what language shall we express —with which this appalling d ee d sen d s into the heart • a.enviivbhat eiclamation , shall we give vent to the emotions, a w akened flu recit a l of that which you tremble to hear, and which a there were Y We can liTT anbein g sf°und 443,watt not afraid to do ! him why th!t, a" r " lted us with our hands ! t it *he h thGecisdamorejfogermseice,asantdbeademone sho ' n pet it? risetr!aeo thet unexampl e d mur d er , an d why did they colrimßY virtu e of a horrible league by which they were hound together, not only against their enemy, but against human nature and the 11 , 94 who madeitl-:--for they were bound together —they were swig ratify oresin the s heoame of their Cr ea t o r, and they invoked He aven deed which they were confederated to perpetrate by a sacrament of hell. Although accompanied by circum stances of inferior terror, the recent assassination of Barry belongs to the same class of guilt.—A body of men, at the ciose of day, enter a peaceful habitation, on the Sabbath, and, regardless of the cry of a frantic woman, who grasp ing one of the murderers, desired ,him " to think of God, and of the blessed night, and to spare the father of her eight children,' dragged him forth, and when he " offered fo give up the ground tilled and unfilled, if they gave him hi, life," answered him with a yell of ferocious irony, and telling him " he should have ground enough," plunged the bayonets into his heart ! God may have mercy on those who did the deed, but man could not ! How awful a spec tacle was presented on the trial of the wretched individuals who, were convicted of the assassination. At one extremity of the bar there stood a boy, with a blooming face, and with down on his cheek, and at the other an old man, in the close of life, with a haggard, wild, and deeply-furrowed countenance, and ,with his head covered with hoary and dishevelled hair. However remote the periods of , their birth, they meet not in the same grave (for they will be without a tomb), but on the same scaffold together. In de scribing the frightful scene, it is consoling to find that you share with me in the unqualified detestation which I have expressed ; and, indeed, I am convinced it is unnecessary to address to you any observation on the subject. But, my good friends (for so you will give me leave to call you), I. must call your attention to another trial—l mean that of the Hogans—which affords a melancholy lesson. That trial was connected with a most baneful and insane practice which exists of avenging the accidental affronts offered to in dividuals, by enlisting whole clans, and waging an actual war,and fighting sanguinary battles whenever they encounter. In this county, if a man chance to receive a blow, instead of going to a Magistrate to swear informations, he lodges a complaint with his dais, who enter into a compact to avange the insult, a re-action is produced, and an equally extensive confederacy is formed on the other side.—The battle waged between the Hickeys and the Hogans, in which not less than five hundred men were engaged, pre sents in a strong light the consequences of this most absurd system. Some of the Hickey party were slain in the field, and four of the Hogans were tried for their murder—they were found guilty of manslaughter—three of therm are married and have families, and from their wives and chil dren are condemned to separate for ever. In my mind, these unhappy men have been doomed to a fate still more disastrous than those who have perished on the scaffold. In the calamity which has befallen Mathew Hogan every man in Court felt a sympathy. With the exception of his hav ing yielded to this unfortunate usage, and made himself a party in the efforts of hie clan, he has always conducted himself with propriety. His circumstances in the world were not only comparatively good, but when taken in re ference to his condition in society, were almost opulent, and he rather resembled an English yeoman than an Irish peasant.--His appearance at the bar was in a high degree moving and impressing —tall, athletic, and even noble in his stature, with a face finely formed and wholly free from en"- ferocity of expression, he attracted every eye,. and er cited even among his prosectiters aleeling of commisera tion. He formed a remarkable contrast with the ordinary class of culprit' who are, arraigned in our public tribunals. —This man was convicted of manslaughter and when he heard the sentence of transportation for life, the colour fled from his cheek, his lips beeame dry and ashy, his hand shook, and his eyes were more painful to look at from their being incapable of shedding tears. Most of you consider transportation a light evit, and so it is to those who have no ties to fasten them to their country. I can well ima gine that a deportation from this island, which for most of its inhabitants is a miserable one, is to many a change greatly for the, better. Although it is to a certain extent painful to be tora i frosu the place with which our first re collections are associated; and the Irish people have strong local attachments, and are fond of the place of their birth, ° and of their fathers' graves; yet the fine sky, the genial climate, and the deep and abundant soil of New Holland, afford many compensations. But there can be none for Matthew -Hogan; be is in the prime of life, was a pros permed:Amer—be has a young and fond wife, and a group of young and helpless children; but alas ! "Nor wife, nor children more shall he behold, Nor friends, nor sacred home." lie must leave his country for ever—he must part from all that be loves, and from all by whom he is beloved, and his heart, will burst in the separation. On Monday next, he will behold his family for the last time. He will be con ' veyed in a vessel, freighted with affliction, across the ocean, and will be set on the lonely and distant land from which he will depart no more. The instruments of labour will hang idly in his hands—he will go through his task with out a consciousness of what he is doing ; or, if he thinks at all, while he turns up the earth, he will think of th e littl e garden ba a i'4. his natl... ..Vmum4 delight than a toil to till.- Thus his day will go by, and its close, his only consolation will be to stand on the sea shore, and fixing his eyes in that direction in which he will have been taught that his country lies, irnot in the language, he will at least exclaim in the sentiments which have been so pathetically expressed in the song of exile, m y country, tho' sad and forsaken, In dreams I revisit thy sea-beaten shore : But, alas, in far foreign lands I awaken, And sigh for the friends that can meet me no more. Where is rev cabin-door fast by the wild wood, Sisters and sire did von ',veer) for its fall ? Where is the mother that looked on my childhood, And where the bosom-friend dearer than all ? I have dwelt perhaps longer than I ought to have done upon the details of this poor man's misfortunes; but my time has not been mis-spent, nor have I abused your pa tience, if I have in any degree succeeded in making you sensible of the extent of calamity which follows the in dulgence of that disastrous predilection for riot which characterise the mass of the population.—Let not what has taken place at these Assizes be thrown thrown away upon youl—l implore you for your country's sake, for your own sake, and above all, for God's sake, to take warning from the melancholy ex amples which have bein'presented to you—give up those rash and guilty feuds which lead to ravage, bloodshed, and end in everlasting exile. Mr. Sheil sat down amidst loud and continued cheering, The other resolutions were then agreed to, and Edward Phelan, Esq. was called to the Chair, when the thanks of the meeting were voted by acclamation to Capt. Power, and the assembly then dispersed, after giving three cheers for Old Ireland. HIGH TIDES.—The highest tide throughout the year takes place this day. The Moon will be in Peri gee, and it being third day after the full moon, or that on which the highest spring tide always occur, there are two causes combined, which rarely occur together (at least, as regards the moon's being nearer the earth on the exact third day after the full, or change) to affect a high tide.-- The moon's declination being south, the nocturnal tide will be the greatest ; and, if a strong N.W. wind should pre vail, accidents may be expected in the Thames. ELEGANT FURNITURE, GLASSES, &T.— H. L. Cooper, 93, Bishopsgate-street-Within, respectfully apprizes the Nobility and Gentry, that he continues to supply every description of Upholstery and Cabinet Work, with Glasses of the most extreme size as well as moderate dimensions, and every other article connected with the fur nishing of Houses in the most splendid as well as the neatest style, combining elegance and simplicity with true taste, thus obtaining, at a very moderate expence, such a saperior general effect, which the most laboured and costly furniture when not well arranged, ever fails to produce. Fenton's New Hotel, St. James's -street, whic'i is considered one of the first in Europe for elegance and convenience, was entirely fitted up from this Establishment, and pre sents a handsome specimen of the style adopted by H. L. C. to attain the desired effect. H. L. C. considers he can compete for excellence of workmanship and quality of ma terials with any other house in London, and at such rea sonable Prices as will ensure him the patronage and sup port he has so long enjoyed of some of the most distin guished families in the Kingdom. WINCHESTER.---The execution of Allee and Proudley, the former only 21, and the latter 24 years of age, leaving a wife and three children, was the most im pressive scene of this description that bad been for a long time witnessed in this city. There were local circum stances connected with Alice, which gave an interest of re gret to his tate. He was well educated for his condition in life—an only son—and was brought to a disgraceful end in his native place. By the confessions he made previous to his execution, it appears that crimes of the most desper ate nature were plotted by the gang to which he belonged. Never did the arm of Justice, therefore, more opportunely or more humanely strike its fatal blow. The sacrifice of one life has probably saved many, both guilty and inno cent ; and there is reason for the Christian hope, that it at the same time arrested the unfortunate criminal's career be fore it was too late. It appear e d that, being brought to a full conviction of his guilt, both before God and man, he bad in his last moments a firm confidence that he should hereafter meet with the same mercy which the repentant thief upon the cross (lid. He lamented that his parents did not restrain him in his youth, and earnestly entreated his father not to break the Sabbath. Proudley was born and bred a Gipsy; lie was poor and uneducated : nothing, therefore, but penitence could be expected from him —this feeling he manifested, and sympathy was felt in his fate. LENT AgSIZES. WESTERN CIRCUIT—TAUNTON, Arm 12. CIVIL SIDE. ruiwnss Z. plum This was an action to recover damages for breach of promise of marriage. Mr. MEREWETTIER opened the pleadings. Mr. Sergeant WILDE addressed the Jury. The circumstances of this case were most cruel, and the neglect and desertion experienced by the plaintiff ad mitted of no palliation. _The parties became ac quainted at the very.early age of 17, on the part of the female, when the defendant promised to marry her whenever his father should die. This engage ment was oftentimes repeated, and that in the pre sence of respectable witnesses. The father had since died, but not only had the defendant neglected to perform his covenant, he had plainly refusid to do so. That which made the case snore cruel was, that the young woman had been so unfortunate as to become the mother of two children by the defen dant, as the result of this unhappy connection. That by no means lessened the claim now advanced by her. He had gained his point by promising her marriage, and subsequent to the birth of the- chil dren he had repeated his promise in the presence of witnesses. Not only had the defendant injured the object of his pretended regard ;njuring her feel ings, but he had placed her in a situation in which her prospects could only be those of shame and beg gary, whilst he suffered nothing. She had lost every thing, he nothing. Harriett Hawkins, the aunt of the plaintiff, was first called.—She knew the parties well; lived with her and her mother; had heard Pring promise her niece to marry her. This was six or seven years ago. He had promised that he would marry her after the death of his father. The plaintiff had had a child by him twelve months before that. +Pring used to visit the plaintiff at the house, and she (the witness) had,refused to let him come, because he had some property, and her niece none. He pro mised to marry her on the death of his father, and said, if he did so before, he should be cut off with Is. In answer to the COURT.—Neither the witness nor the mother of the plaintiff ever allowed Pring to sleep in the house. - Mary Bayly was acquainted with both plaintiff and defendant ; she hail-known them for four years, and had heard the defendant say, that he would marry the.'plaintiff a mnnth after the death of his father, so help him God ! Pring's father was a farmer, and he was at present living with his mother. John , Allen was acquainted with the defendant; his father died in September last; since that time the defendant came to him, and asked him to go down to the plaintiff with him, as a witness; he did go with him, and Pring said, "Jane, what money do you want ?" upon which she said, " D---. your money,,and you too • I have got two children, .and have had enough of you in the seven years ,I . have lived with you—all I want of thee is, for thee to make me thy wife." After some further conversa tion, the plaintiff said, thee and thy witness too." Upon which the witness walked off, for he thought he was not wanted. Henry Hawkins knew the defendant, and spoke to him of marrying the plaintiff. On one occasion he asked him why he allowed the children to run about without shoes ; upon which the defendant said, that he would take, care of the 'children, but that Jane must take care of herself. At another -meeting he said to witness, "Jane wants to be mar ried to me, but I cannot say any thing about it."— lie , ..also said, "I have enough money—my father left me 7001. and I shall have another 1001. when my mother dies." • . The Jury found a verdict for the plaintiff—.-Da mages 504 . - CROWN SIDE. Henry Lanzbourn, James Sweet, and fame: Ma jor:.Vere indicted for breSking into the dwelling house of Robert Tindal, Esq. (the father of the So licitor-General), at Taunton, and stealing therefrom a variety of wearing apparel, of the value of about 1001, Mig_ first named of the. prisoners h a d been a !set itiiridt 'but err him he had taken him into his house a second time after he had been found guilty of a robbery. Mr. MOODY stated the case at considerable length, and called Robert Tindal, Esq.—l live at No. 6, in the Cres cent, Taunton. There are gardens at the back of the houses, and behind them there is a lane into which the gardens open. The lane is only for the houses. Qkri the 9th of August last, I left my house in the Crescent to go to Lytne. I left it with a view of returningin itlew. weeks. I left it furnished: I did not leave any servant. in. the house to sleep, not thinking it necessary.. I delivered the key and the care of the house to Mrs. Bayly. I left all the things in my house -as though I were at home.' The ward robes were locked. The key of the cellar I left un der the sideboard. The place was particularly well known to Lambourn, who frequently assisted me in packing up wine in the cellar. Lambourn had left my service about two months. Before he left me, he slept in the back kitchen, which looks into a space behind the garden. On Friday, the 18th of August, I heard of the robbery, at Lyme, and came on the Saturday following to. Taunton. I fouled a •consider able quantity of property . of various. kinds, missing. The wardrobes and drawers were broken open. The articles were missing from different rooms. I believe the whole property missing was worth 1001. Wm. Buncombe.—l knew Lambourn and Sweet. I saw them together in Shuttem, near the Crescent; it was ten o'clock at night on ihe Tuesday; there were two others with them, Read and Falconer. Lambourn came and asked me to go with him. The others were not within hearing; he said •if I would go down with him a little behini the Crescent,f he would give me plenty to drink. I stood there and saw them go down the Crescent, and turn into the opening; it was bright moon-light. Sarah Hole saw two of the prisoners, Sweet and LaMbourn, as she was going to Bridgewater, a little out of Taunton, at about five in the morning; Sweet had a bag, Lambouni a bundle ; they asked to ride in a cart, and were refused. Samuel Mountshire, slopseller, of Bridgewater, proved that Sweet came to his shop on Thursday, the 17th of August, about 11 o'clock, and offered some clothes to sell; it was a coat,smallclothes, two old waistcoats, and a pair of trousers. He had no thing with him but a white bag; nobody else was with him. Witness asked him where he brought the clothes from. He said, from Taunton ; that a respectable shoemaker, who was his brother at Taunton, gave him the clothes to help him up the country, as he had got work at Salisbury. He asked 30s. for the lot. Witness bought them for 2.55. He paid 2s. 6d., and told Mm to come at nine in the evening for the difference; he came in the afternoon, saying he wanted to go off by the coach ; he came again at nine; witness paid him, and gave the clothes next day to constables. Mr. tong, constable, !aid, that he took up the prisoner Lambourn; he. asked, Lambourn where he was the last night; he .said in Bristol; I told him he must have come home pretty quick; he said they came home all night ; he afterwards apprehended Sweet ; they were tocrether ; he said he had .bean over to Bridgewater yesterday, and slept at a house in Peth erton , w i t h a bow-window in it. (Witness produced , clothes and a silver eaator-top.) . , Mr. MOODY called another constable to produce another parcel of clothes which he had in his custody. Mr. Justice PARK—Why another witness? These clothes have been evidently divided for the purpose of getting both these constables paid. It is abomi nable thus to increase wantonly the county expellees, already so heavy. I have seen this same trick often played at the Old Bailey. I will not allow expellees in such cases. I do not like this system at all, tbus to subject the county to enormous expenses for costs. No power on earth shall convince me of the propriety of such conduct. I will set my face against this system. The attorney, Mr. Pinkard, said, the witness would prove other facts. Mr. Long, another constable, produced some clothes. He took Major iuto custody on the 20th; in a few days afterwards he 'was discharged. in November, he apprehended Major again, at Dunster, 22 miles from Taunton. He was-then in the custody of a constable, of the name of Nicholls, who pro duced some property, which he gave to witness in the presence of Major, saying, Major had desired him to keep it for him. (Produced a pair of boots.) The boots were taken by him from off Major's legs. Henry Nicholls, labourer, at Dunster, knew Major. He said his name was Major, Homer, and Townsend; sometimes called himself one, and sometimes the other. He was taken up on the Ist of November. He delivered to him a piece of silk and a pair of black stockings. He told wit ness to keep them forwhim till he was liberated. -Witness afterwards gave those things to Long: he first offered them to Major, who said he would not have them. Witness saw him at Timbercomb sell a piece of silk to Rachael Wood. The brother of Sweet was not the shoemaker in North-street. • Rachael Wood bought a yard of silk of Major; she gave it to a constable, John Lovell. Mr. Tindal recalled—He identified the property as that which had been left in his house when he went to Lyme ' and which was missing on his return. Mrs: Tindal identified the silks as her own. The JUDGE summed up the case at great length, and the .juryfound a ll t h e prisoner s Gu i lt y. • j . . The JUDGE said he would take time to consider what should be done with the prisoners. Their case was a very bad one ; Lambourn and Major having been previously convicted of similar offences. STABBING, UNDEIL LORD ELLINNOROGGN'S ACT. .1. Bennett was capitally indicted for cutting and maiming John Baker, near Ilminster, with the intent to do him some grievous bodily harm, or to murder him. •The Jury found the prisoner Guilty of stabbing with the intent to do a grievous bodily injury. Mr. Justice PARK ordered judgment of death to be recorded against the prisoner, at the same time intimating that , heshould recommend him to mercy. GLOTJUSTER, WEDNESDAY, APRIL 11. CIVIL SIDE. PEGLER Y. COLSTON. Mr. CAMPBELL—This was an action for a mali cious prosecution. The declaration stated, that the plaintiff was maliciously arrested on a charge of riot and.assault upon the defendant, and indicted with out probable minim at the Sessions, where he was tried and acquitted. Mr. TALlNTQN—The.plaintiff, Henry Pegler, is a weaver.. In the summer of 1825 there were very serious disturbances in the clothing districts, in con sequence of differences between the masters and the weavers; and some of the weavers entertained some grudge against the defendant, John Colston, and violence was committed on his person. He was laid hold of,by some, persons, forcibly dragged to . a pond, and ducked. After the first immersion, he saw a marl named Reuben, and said "Reuben, lay hold of my ,head." This Reuben did, but with no view of helping bim, for he drew him up, and then violently pushed him again into the meter. Reuben is a tall robust fresh-coloured man, not in the least resembling the plaintiff,. who is a pale and little man, and had nothing to do with the outrage. Indeed, for a long time afterwards, the: plaintiff and defend ant lived as intimate friends, until a dispute arose between them, and then - Colston spread a report that Pegler wad the man that helped to duck him.— This report . was extremely prejudicial to the plaintiff, and the inevitable consequence would have been to have ; thrown him out of bread. The plaintiff applied to an attorney, who, in July, 1825, wrote to the defendant, threatening him with an action for the charge of which he was entirely innocent. Not until this letter did the, defendant. entertain any idea of prosecuting the plaintiff, but on receivin g it he came te.Pegler, called him "a blackguard," and said he would have him in gaol before .Monday night. The defendant, in pursuance:' of this threat, went before a Magistrate, laid an Information and ob tained a warrant against the plaintiff, who was ap prehended, carried to Stroud, and committed the next day to gaol, where he remained three days until Isailed. c .,l4dp. defendant. preferred his indictment, and when it came on, the j ury were perfectly :satis fied of the plaintiff's innocence. His expenses were between 20/. and 30/., but that was the least con sideratfori. 'He'had beep lodged in a common gaol for several days, and hie character and feelings much hurt.—Verdict for 'the plaintiff—Damages 26/. THURSDAY, Aran. 12. arolypt BALL, BY HIS wzrr FRIEND V. Wlll/1 Awn OTHIRS. Mr. HoRACE Twigs opened the pleadings. This is an action for assault, battery, and false imprison ment. The defendant has pleaded the general issue. Mr. CAMPBELL stated the case. E l e i r F far e i x e a tt m ; in ß e a d l — lis l my am 18; I am a servant to former fellow-servant ; we know the four defendants; our master ordered us to go on the 10th of December and shoot at the rooks, and drive them off his land ;, we did so, and took with us a gun and some powder and shot; after a bit we went to Warren's barn, and going along we saw a hare caught by a wire ; it was near the stone wall ; we took it up, and were going to master's house with it. Walter came running up, took hold of me by the collar, and _said, " your blood, y ou are just the fellow I want;" old Webb jumped over the wall, and twice struck me with a stick, and Walter said he would kill me,; the plaintiffran away; al ter ran after him. Webb took me to the turnpike road, and shortly after Wards "Walter came to us with the plaintiff; young Webb and Hobbs then came 'up; they all took us to the public-house on the road, and made us go up-stairs into a room, where they put hand-bolts upon us, and locked us in ; there were twaheds in the room; they took off the hand-bolts that we might put off our clothes, and they put them on us again when we were undressed ; we both lay down. together as well as.we.could ; we' did not sleep hardly any ; we could not turn or get up without moving together; Walter took the hand cuffs off at eight o'clock next morning,.and we had breakfast. Walter said we must go before the ma gistrate, and Webb and 'Walter took us to Wickwar, seven or eight miles off; they rode on horseback, we walked, handcuffed. At Wickwar, Webb went into the house of Mr. Jones, the magistrate ; we waited in the open air in the yard about two hours. When we came before Mr. Jones he asked us what we had to say for ourselves ? I said, "We saiv hare and picked it up; and thought no harm of it." Mr. Jones said, " You do not know a hare from a jackass." I said, " Walter held tne whilst Webb struck. me, and Walter said he would kill me ;" and I told hirni, would take my oath of it. Mr. Jones said, " You are worth ten dead men." He com mitted us to Horscley prison for six months, having written something on a paper, which, being no .scholar, I could not read; Walter and Webb took us to the prison, where we remained six weeks. Verdict, for the plaintiff.-,—Damages, 51. Fa ir , By HIS NEST MEND, AGAINST WEBB AND OTHERS. In this action, where Ball was to have been the witness, a similar verdict for .5/. was taken by consent. LAWFOAD V. 1101SRAGON. This action was tried yesterday as an undefended cause ; but upon an affidavit of merits, the verdict was by consent set aside, and the cause was again tried. ' Mr. MAXLE.—This action was brought upon a bill of exchange, dated the Ist of October last, for 152/. 10s., drawn by Mr. Peter Moore, at two months date, upon, and accepted by, the defendant, and en dorsed by Mr. Moore to the plaintiff. Mr. Verbeke proved the handwriting of Mr. Moore. Verdict for the plainti ff. —155/. 125., principal and interest. One morning last week, after the Burial Ser vicein St. saw the coff in move, and no yeauders fanci e d t h e y Yanalica Church-yard , h b u e r e e n h - r y e a a r d d over ßr i t t h to e i rtahvee grace-digger la(1y, Arid some of t i me N ras boat in communicating the c i rcumstances to t h e c l ergym an, who . desired that the corp se m i g h t b e disinter red,the b and Immech a t e ly sent for some medical gentlemen to examine the body, but who unhesitatingly declared there could be no symptoms of life. It is supposed that , the bot tom of the grave was uneven, and therefore the earth, when thrown upon the coffin, was the cause of the motion. TIPPERARY COUNTY ASSIZES. (From the Tipperary Free Press.) PARTY QUARRELS--THE HOGANS. CLONMPI4'Faiow-t, APRIL 6. Michael Hogan, John Hogan, Edmund Hogan, and Mathew Hogan, were indicted for the murder of Charles M`Carthy, on the 10th of July, 1826, by inflicting upon him a bayonet wound of which he languished and died. In another count the prisoners were indicted for aiding and assisting a person unknown, in killing the said M'Carthy, by striking him with stones. The prisoners pleaded Not Guilty. Mr. Sergeant BLACKBURN said, that the four prisoners at the bar, were charged in the indictment with the murder of a person named M'Carthy, on the 10th of July last, at the fair of Kilfeacle. There were two hostile factious in the neighbourhood of Kilfeacle. One of these was denomi nated the faction of the " Hogans," the other that of the " Hickeys." It was the general expectation, that on the 10th of July, a. regular battle would be fought between the two par ties, at the fair of Kilfeacle. In consequence of the expectation, the Magistrates had collected to prevent this atrocious viola tiop of the public peace. The two bodies were dispersed, but he regretted to say, from a mistake on the part of the Magistrates, who had some reason to believe, and on which they unfortunately acted, the police were by them allowed to disperse. When these factions had assembled in the morning, there were one hundred and fifty of them armed' with deadly weapons, with muskets, blunderbusses, and . every species of weapon, by which death could be speedily . inflicted. These men assembled in different positions-out side Kilfeacle, and at some distance from where the fair was held. He should here make one observation on the part of himself, and -his Learned Friends who conducted the case on behalf of the Crown. They all felt, that one of the most pregnant sources of the calamities of this county was the perpetual warfare waging between one band or party and another. He was not very sure, but that he, should attribute to it every evil under which the county at' present laboured. He was quite sure that it was suffi-' cient to produce every species of flagitious crime, with which it was overwhelmed. Instead of parties bringing their complaints against each other before the lawful tribu nals, they made them the pretence for inflicting mutual destruction upon each other. These parties or fac tions meet with a settled determination of imbruing -their hands in each other's blood—they became fami liarized with scenes of blood and of slaughter—crimes are constantly committed and murders perpetrated with cir cumstances of the most atrocious cruelty. The feuds do not pass away with the engagement in which they arose, or of which they were the consequence, but are transmitted from father to son ; he might say, there was a perpetually entailed inheritance of crime. This was a state of things utterly at variance with the existence of civilized society, and it must be put down by the strong arm of the Jaw. The Learned Gentleman concluded by mentioning the cirzumstances of the case, as they afterwards appeared in evidence. William Pennefather, Esq., a Magistrate, examined by Mr. DRlscoLL.—Was on the fair-green of Kilfeacle on the 10th July last ; was there at a (planer past eight o'clock in the marring; saw a crowd of persons collected near the fair green of Kilfeacle; saw some of them with sticks ;saw them collecting, and Mr. Roe settled that they shOuld charge the people with the police and soldiery; had the police and military in the merning charged, and as he though effec tually ; and it was about one when - he dispersed ; another body of police in his rear dispersed another party ; saw a man brought into Tipperary; died in the evening ; thinks there was a mile between the two parties. Richard Creagh examined by Mr. P LlT Nlcirr—Saw people in the fair-green of Kilfeacle; thinks there was but , one party there ; staid there about a quarter of an hour,. when there was a rush out of a place called Cushion Gap,, after a man who ran down a few fields from the Green the man got into a pig-stye for shelter; saw a good num ber of people running towards the house where the man was; when he went to the house, there was a number about it, and some of them armed with fire-arms ; the man was desired to come out of the pig-stye, and, after a great deal of persuasion, he came out; the man that cams with witness said " that man should not be hurt; the man who returned with him had a gun; when the man came out of the pig-stye, he was desired to go about his business; saw the man afterwards who had the gun taken in the custody, of Mr. Miller.—(ldentified Mathew Hogan.) Cross-examined by Mr. tbercuxia.--Witiress is an of ficer - considered the man in the pig-stye in danger; had he been armed, he would have rescued the man; saw Hogan do nothing but protect the man's life. George Baker examined by Mr. Blackburne—Reacned the fair of Kilfeacle at ten; left it at six; heard shots about half-past eleven ; . the firing began at four, and lasted for fifteen minutes; thinks there were from 150 to 200 shots ; cannot say in what direction the balls were fired; saw a dust rise :under a man's feet by the balls; while shots were discharging, saw a crowd run towards a house; went to that house, 'but not hninediately; 'saw a man very badly wounded ; ha was stabbed, and had wounds in his head ; the crowd had dispersed before he got to the house ; saw him brought out of a small pig-stye; there were num bers about the pig- stye ; at this time a man was endea vouring to prevent the crowd from getting in ; that man was armed with a carbine ; he would not know the man again. Thos. .1. Manning examined by Mr. Ditascor.L.—As he was going to the fair, saw Mr. Roe and Mr. Purefoy with a party of police ; saw a party of men in a field ; they were in the second next field; could not perceive any thing in their hands; saw another party; it appeared to be about a mile and a half; remained in the fair until fire or six; after the military and police went away, saw a party arm ed come into the fair ; this was about three o'clock ; saw another party about half-past three, with fire-arms, SO or 40 arms, and the others had sticks, scythes, and bayonets; heard about 100 shots; saw two men wounded, and one dead ; saw one man with a large cut across his back ; saw another dead; he had a wound in hisjaw, and more wounds about his face; thinks the wounds were inflicted with balls or slugs; a man ran by witness on the road, and called out to him to save him. Thinks Mat. Hogan was mainly Mich. Q u i r k exam i ne d b y Mr. Dowtaxar, instrument a l i n sav i ng th e man ' s lif e . C--Re members the fair of Kilfeacle ; went there about twelve o'clock; did not oberve any bodies of men; the army was there ; th e army qu i tte d it between two and three ; saw the Hickey party coming into the fair firing shots, the Hickey party hunted the Hogan party out of the field ; the Hickey party continued firing ; the Hogan party Caine down on the top of them, and hunted the Hickies out of the field ; saw Duggan, the leading man of the Hickey party, was shot in the head, and he died on the road ; the man who shot .him was a l ow - s i ze d man, in a gTey coat; he was not ten yards from D ugga n ; paw M'Carthy fall, an d believes haeshlef a belomnigleedfrtoomthtehellmic; saw Mat. Hoga n i n the party : M`Carthy was about field ; he had a stick at first, and bad a gun in his ha n d ; he was striving to s ave an other man they were going t o kill en the road; M a t. H og an did not give a n y or d ers, but took him out of th e fi e ld ; there were five about the man , who had sticks ; saw Mat. Hogan at four o'clock i n th e day on the ditch beckoning with his hand; in ab o ut h a lf an hour after saw him with a gun; sa w hi m taken by the police in about an laver after Duggan was shot; Duggan and M'Carthy were the only two he saw drop ; was about a couple of acres from Hogan at the time. Margaret M'Carthy examined by Mr. Sergeant BLACK.. BURNL—Had a son of the name of Chas. M'Carthy; he is dead ; remembers the fair of Kilfeacle ; was at the fair, and sow h er n.— It was aft er th e shots were fired she left the fair with n hersen ; sh e wa lk e d a b ou t two fields from the fair; was going h ome at t h e t i me ; Mi c h ae l H ogan a nd his Vat! came up to him in the field ; they came across the field to her; knew Michael Hogan before ; knew:Matthew Hogan, Edmund Hogan and John Hogan, and many more of thetn--the Hogan. struck M'Cart h y with stones , and Micha e l H ogan, caug h t him by the leg, and knocked him down f or t h e rest o f his party to heat him ; when M'Carth y was d own, b e begged his life of Michael Hogan, who said, " this is the way that I will give you your life," stabbing hi m w ith a b a yonet: the bayonet was on a stick; he stabbed him in the side; saw Matthevi Hogan with a pin in his hand ; litatthew Hogan fired at her son, but he did not receive the shot, and Hogan then leaped three times on his body; don't know where the Hogans went; she was taking care of her son ; did not see them after that; sonic of them brought him away, and when others saw he was able to stir, they wanted to kill him on the spot; they brought him to a house; her son lived for 24 hours after, and died the 25th in the infirmary.—(Witness here identified' all the prisoners, and struck Michael a very hard blow on the head with the crier's rod.) The Hogans lived at Gree nane and she in Dundrum. The Jury having retired for about half an hour, returned with a verdict of Not Guilty of murder ; but Guilty of manslaughter. Judge Btrwrow then addressed the prisoners, and told them, that they had been indicted for perpetrating the crime of murder. Under th e c i rcumstances o f th e li e was bound, as th e i r cr i me was one of a most a es" ggrava t e d nature, to Sentence each and every one of them to trans portation for life. SATURDAY, MARC and James H 7. Timothy Ry an , Da rby Ryan, jun. wet.* indicted for hurglariously entering the house of John H a y es , an d for the abduction of his daughter, Mary Ilayet.—James Moluny, set. acquitted; the other three persons were found guilty.,-Death., Alice Kennedy (better known by the appellation of "The free-stone girl") was capitally indicted for the nazi-, der of a child of ten years of age, named Johanna Quinn, ' by strangulation ; and, on a second indictment, for the mur der of the said Johanna Quinn,. by giving her a blow-of & stone, of which she instantly died. The details of this case are quite shocking ; the bodi of the deceased, whe n found, was in a state of putrefaction, and had one of the legs pulled off from the knee. From the chain of circum stantial evidence being broken by the absence of a police man at the executions, the prisoner was acquitted. f 0 RF, IGN INTELLIGENCE. FRENCH PAPERS. (From the Etoile, dated April 12.) CONSTANTrtiOrLE, MARCH 10.—Mr. S. Canning has not yet received a written answer to his note of the sth of February, oa the affairs of Greece, and as the verbal answers given by the Reis Effendi, both to that Minister and to the Ruisian, Ambassador, leave little hope that the Divan will consent to the two proposals, the two Ambassa dors are said to have agreed to wait till a certain day te. take simultaneously the last steps with great energy. " As for the French Ambassador, Count Guillerainot, his instructions do ,not appear . to have yet permitted him to proceed to similar extremities, and though he has a dvised the Reis Effendi to accept the proposals of Russia and Eng land, it is affirmed that his Courthas, indeed, approximated to the views of the Courts of London and St. Petersburgh , but that it has not yet formally acceded to the reeult of the conferences of the 4th of April, 1826. This is improLdoe:, and at the bottom of little consequence, since the advice to. accept the proposals seems at all events to indicate an indi rect accession to them. " Excepting that fresh troops have lately been sent to, Livadia, and except the works going on in the arsenal, We remark no extraordinary preparations for war, and it is in ferred from this, that the Porte depuds on a misunder standing between the Allies, and thinks fit to believe that nothing more is intended than an empty demonstration. _ . . . "111a.acn 11.—It is said, that the accession of Austria and Prussia to the proposals made in favour of the Greeks, has taken place indirectly, by the advice which the Aus trian Internuncio and the Prussian Charge d'Affaires have given to the Reis Effendi to accent those proposals. It ill. supposed, in consequence, that those powers have alreadl, acceded, or very shortly will accede, to the conferences so April 1826. The works at the arsenal and the Militant reforms continue. It seems, that the affairs of the Greer at Athens have taken &more favourable turn.--siugsburf Gazette. " TRI ESTE, MARCH 30.—The latest letters from Corfth dated the 16th, confirm the favourable news relative to the Acropolis of Athens. The Greeks have succee , led in again supplying the fortress with provisions, and repulsed the Turks to the distance of an hour's march from the citY , while they were conveying ammunition and provisions ins* the citadel. "Omar Pacha has suffered a considerable check at Distornio. " The National Assembly continues to hold its sittingt very tranquilly at Egina.—Augsburg Gazette. LIES OF THE DAY. ' "Pants, Malt Quotidienne.—Englul d now offers to Spain money, ships, whitever she desires. " The same.—Lord Rutland his desired of the King of England an interview in the name of the Peers of the Kingdom. • " The Quotidiertne itgai.,:--There has just been an in - surrectinnal.moi , eme n t in Portugal, 15 leagues from. Lisbon' d, The Courrier Fraisthii.L--Aire . said two days ago, t° encourage the timid, that Mr. Canning would unite the office of first Lord of the Treasury with dud - of Chaneell° l. of the Exchequer, and that Mr. Robinson would enter the House of Lords, and have the Department of Foreign Affairs. (From the Constitutionnel of Wedneliday.) BRITISH MINISTRY. PAais, Aran. 10.—The attention of everybody is tier turned towards the difficultiea which retard the definitile formation of the British Ministry. The English Oligar" chy, whieh, since the time when Lord Castlereagh begat' to direct affairs, has gradually separated itself from the commercial interests of the country, and the national feel' ings, is labouring covertly to remove Mr. Canning, whnie politics s a n i d n g o e tl n ie e r roi p is lac y te i s e , ws ; a i k t es fea Pr ri oiessi T o his ns ofo glirgaeartchy at tachment to the Royal prerogative, does not cease, w hen" ever it has an opportunity, of imposing on Royalty its ovfll absolute will. It is in order to remain faithful to the tra ditions of the party, that the Duke of Rutland declared to King George, that neither he nor his Honourable Friends (the proprietors of rotten boroughs) would support Mr' Canning, if he were appointed Prime Minister.—This pro ceeding has been the subject of very severe reflections 0 0 the - part of the Opposition political writers of London ; and probably publicity seems as dangerous to the Duke 0 1 Rutland as Count ViTlele. _ . The friends of the civil and religious liberty of men ought to feel but little anxiety on accou n t o f th e momen t ar y ein' barrassMents of the English Administration. In SUCII country, it is impossible to raise and maintain in the e i zer" cisc of power, a number of men who are rejected bylh° opinion of the country, and hostile to its vital intereets. The climate does not agree with them ; they would soon be forced to r e ti re . Th e R epresentative Government is no t A chimera with our ne i g hb ours ; and our anti-national p a rt 3. would there find with difficulty responsible Editors. " CHAMBER OF DEPUTIES, Aran, 10. " M. Calemarde de Lafayette made a report from the committee of petitions. One petition was from the Sieur Martin, of Lorgues, in the department of. the Var. Th e petitioner complained of a denial of justice, inasmuch a the Mayor of Lorgues, and the Prefect of the d e p ar tments refused him a certifi ca t e of Royali sm , which he reque sted in order to enable him to purchase the office of a notary' The Committee recommended to pass to the order of the day on this petition. M. Ale . ehin and M. Benjamin Constant insisted du d the petition ought to be referred to the Ministers of Justice and the Interior. " M. Peyronnet asserted that no certificates of Royalis m were asked. The only certificates required by the Ise were for good conduct, fitness, and standing. " M. Casimir Perrier observed, that it was well known certificates of opinion were required from persons entering into professions. " M. de Peyronnet-..—State instances. "M. Casimir Perrier—l pledge myself to do so, but a t present I have not the documents in my possession. " M. de Peyronnet repeated, that qualified candidates were not rejected except,when their conduct rendered them unworthy. M. Casimir Perrier—lt was, in this way, contrary to all justice that Count de Joigny wa s di sm i sse d...—(Great agitation.) " On the question for the order of the day heing'Pu t, only a few on the left voted against it. " A voice on the right—There are only six of them. " Al. Casimir Perrier—lt is true, we are only six here but out of these walls we are 30 millions. " This observation was followed by loud cries of "Order; order !" and great agitation in the Chamber. Dl. Casimir Perrier and M. Benjamin Constant iv' sisted that the deputies on the other side had been the fill" to violate the freedom of debate by alluding with derision to the small number of the minority, and boasting that they counted 300. The President condemned the appeal which bad been made to opinion out of doors ; and the tumult was at lest allayed." FRENCH FUNDS, APRIL 11.—Five per Cents. 100 f. 15c. ; 3 per Cents. 70f. 75c. Bank Actions, 2,082 f. 50c• Rentes de Napl", 77f. 20c. Reates d'Espagne, 11t. Royal Spanish Loan, 544. THE MARKETS,-(THIS DAY.) COVENT-GARI There was a good supply at ti trade was moderately brisk. M , proved in qUality and something Prices of Fruit stationary. s. d. s• .• Potatoes (per cwt.) 4oto g 0 Ditto New (per lb.) 6 0 1 4 0 Cabbages (12 heads) 2 2 g 4 0 Florseßadish (bundle) , i 6 Brocoli 0 i 16 Celery - Asparagus (100) ........... ( 0 00 ; 2 6 ( 0 0 0 Carrots (12 bunche ) • 1 0 : 3 0 Turnips .. . ..... : ... ••::, : 2 0 3 6 Coleworts or Ore... Young Onions . .. . . ~.. ... ...... ........ ::: ( 3 ) 6 OnionsSlA)li! Spit t l o l ae , gs c e ii a n c ' n e . .. : ( .c; 1 00 ) . . 4 0 0 8 8 g ;i 7 i 2; n 6 4 n French Be DE.N A LARKET. his ria oni i g's market, and the os t Veletables both gre a tly irrt lower han 'on this day setnnight. s. d. s 5 s S e " v •e i e ll t e ° Di r tto ge . s . ... .. .. Lemons 5 0 1 2 English Walnuts t 6 Span. Chesnuts (peek) 3 0 6 0 - French ditto '2 6 5 t 0 French Walnuts Spanish Hazienut: 3 0 C 1 Filberts (Nibs.) • S n 7 0 11 t i Grapes 5 0 Sea Kail (p umr net) ..• 2 " - 4 Radishe s 0 9 I $ Turnip Greens (b u sh.) 0 9 1 6 Brocoli Sprouts Parsnips (d o z e r ) ) n 1 5 ,) Strawberries (thumb)lo 0 lIAY MARKETS. —.(A1 J A Lowland Mead. Hayti 5 to 5 5 Upland Ditto , 5 5 6 10 Rya-grami Hay 5 5 6 10 Supply good, tr a d e rather d i threatenin g to be lower. SMITH] Lowland Mead. Hay 4 0 to 5 0 Upland Ditto 5 0 6 ° Rye-grass Hay 5 0 6 0 New Meadow Hay 0 0 0 0 Supply good, and trade very tper Load of 36 Truism) MES'S. / 0 Clover Hay • 5 2 6 Oat Straw lO . ° 'a $ Wheat Ditto a vog :Lill, and price.; stationaat :FIELD. X. 0 to y 1 II Clov.ay generally 5 Do. extra tine.....: 0, 0 f,B Oat Straw .. . 2 0 ,0 Wheat I)itto 2 dull; prices as on Thurso' •