The Express.
London, England, 1852-01-30 00:00:00

THE MURDER OF MR. BATESON.

The trial of prisoners was commenced yesterday morning
at the special commission in Monaghan. The first prisoners
brought forward were Francis Kelly and Owen Kelly,
charged with the murder of Mr. T. 1). Bateson, of Castle-
blaney, on the 4th of December feat. The prisoners, who
are brothers and young men of humble appearance, refused
to join in their challenges, and Owen Kelly basing been
withdrawn, the trial of Francis Kelly was proceeded with.
Seventeen jurors were challenged peremptorily on the part
of the pilaster, and one was set aside for cause shown ;
there were three challenges on the part of the crown.
The Attorney-General then stated the caw for the pro-
secution. Ile said it was impossible that a homicide per-
petrated under the circumstances connected with that case,
against a gentleman of Mr. Batesou'e position, character,
and occupation, should not excite considerable alarm and
great apprehension in the minds of the well-disposed por-
tion of the community, and give rise to an impression, that
unless some measure was adopted to meet the growing evil,
arising manifestly from the agrarian conspiracy which
existed in a large portion of the district lying within the
comities of Louth, Armagh, and Monaghan, there would
be no safety or protection for life or property. It therefore
became a matter of importance to consider the measure
which should be adopted to meet the evil in question,
and upon the best consideration that could be given
to the case, the course which bad been taken by the
government has been that which was deemed most con-
sisteut with the constitutional tribuuals of the country;
and it was decided accordingly to send down to the county
of Monaghan two of her Majesty's judges, for the purpose
of proceeding with the trial of those prisoners who, it was
considered, ought to be made amenable to justice for the
perpetration of this barbarous murder. Of the necessity
of this proceeding there could be no doubt, and he be-
lieved the same opinion had been already heard from
higher authority than himself. The necessity A issuing
the commission and of carrying it out depended, of
course, on the reports, the communications, and, more
strongly still, on the sworn examinations of persona who
had an intimate cognisance of the facts. Therefore it was
that they (the jury) had been empanelled that day at a
period rather unusual and out of the ordinary routine of
the outgoing circuits. It was impossible, looking to the
character of this outrage, not to conclude that it had not,
as he had said before, resulted from that scheme and that
plan of a secret society, interfering with the rights of pro-
perty in the country, dictating its terms, and executing its
mandates. lie called their attention to the circumstances
of that case, with a reference to the character of the evi-
dence, because it would appear to them, in the course of
that investigation, that although this murder had been
committed in the daytime, in one of the most populous dis-
tricts of the county, within a mile of a populous town, upon
the high road, and where the deed, the facts connected with
it, and the manner of its execution, was witnessed by seve-
ral persons at some distance from tho place where it hap-
pened—and yet, strange to say, not a single individual who
beheld the transaction was found either to pursue the mur-
derers, to assist in their apprehension, to give the alarm, or
to go near enough to the spot to be able to identify the
perpetrators of the crime, so as to assist in bringing
them to justice. It was therefore manifest that, from
the arrangement of this confederacy, great difficulty
attended the discovery and punishment of the perpe-
trators of offences of this nature, in consequence of the un-
willingness of persons to come forward to give evidence for
the crown, arising, as ho believed, from the threats and
terror which were held over all who assisted in the admi-
nistration of justice.
'rho learned gentleman having concluded, several
witnesses were examined. The first whose evidence
told directly against the prisoner at the bar was
Robert Mills examined by the Attorney-General—l am
15 years of age. I live in Keady. My father is a butcher
by trade. I remember the day on which Mr. Bateson was
killed. On that morning I remember leaving Keady to go
to Castleblaney. James Sherry accompanied me on that
occasion. We went to Castleblaney for the purpose of
selling fat. We set out on our return from Castleblaney at
four o'clock, and stopped for about a quarter of an hour at
a house belonging to a person named M'Ardle, which is
about • quarter of a mile from Castleblaney. We then went
as far as Mr. Ilurst's gate. We there met two boys, whom
we took into the cart, because they were fatigued. We
then went on to Mr. Collins's house, where we met three
men and Mr. Bateson. There was one man at each side of
Mr. Bateson, and another walking behind him. I saw the
faces of the men who were with him.
Attorney-General—Now look at the dock and tell me do
you see there any of the men whom you saw with Mr.
Bateson on that occasion ?

Wituess—Yes, that man (pointing to the prisoner) was
one of them.

Examination continued—After we passed on a little way
I heard a pistoi shot; James Sherry then cried out, " Mr.
Human is shot, come in or we will he killed." When we
looked back we saw the three men beating Mr. Bateaon into
the .hough.
The Lord Chief Jußtice—Are you sure they were the
same three men whom you SAW Just before with Mr.
Bateson

Witness—l am; they were not out of my sight all the
time. I heard Mr. Bataan cry out "Oh, oh !•'
Examination continued—The prisoner wore, I think, a
frieze coat and a straw hat on that occasion. We then went
up the "Tan-yard hill," from which we could see three
men following us; they were running, and I cannot say
where they went, as I soon lost sight of them.
To a Juror—l pointed out the prisoner in the bridewell
ea one of the persons I saw on the road with Mr. Bateson.
Crotteezamined by Mr. Butt—l saw men on the road
after the murder, and the bus." I met plenty of people
between that and Kesdy. I am quite sure the prisoner
was one of the men I saw walking with Mr. Bateson. I
never saw him before that day. 1 would not know the
other two men if 1 saw them now. Mr. Howley showed
me three men in the yard attached to the bridewell, and I •
pointed out the prisoner as one of the three men I met on
the road. I looked at the prisoner when I saw him on the
road more closely than I looked at the other two men. Ile
worn a grey Irmo coat and ts straw hat. When I went
home I mentioned what I saw to my own people. We all
agreed to say nothing shout the murder lest we should get
ourselves into trouble about it. It was not cluskish or dark
at the time of the murder. The two men whom 1 saw with
the prisoner in the hridewell were not the two men I saw
with him on the road.
Two turnkeys in the Monaghan gaol were then examined
touching the prisoner's shoes, which were proved to hive

been given to a police constable named Wallace, with •
view of their being applied to certain tracks in a field op-
posite M'Quaid'a house, down which the two witnesses of
that name stated they remarked the men running. On this
branch of the case Sub-lulu:tier Illothans and other wit-
nesses were examined. It turned out, however, that the
examination was not made till the 24th of December-20
days after the crime had been committed—Hut the field was
in stubble, and that there had fallen a considerable quantity
of rain in the interval. The police constables also proved
the finding of two pistols, both broken at the butt, near the
place where the unfortunate gentleman tell.
Dr. Irwin, of Castleblayney. proved the injuries infl:eted
, upon Mr Dateson, and which were given at length in the
evidence at the coroner's inquest. I'l'4 were principally
wounds in the head.
Hamilton M'Math, Esq., of Castleblayney, a magistrate
of the county, proved the statement made by the prisoner
immediately after: his arrest, which had been drawn up by
the resident magistrate.
Mr. Howley, the stipendiary magistrate, residing in
C.tatleblayney, at the express desire of some members of
the jury, was then called and examined at some length
upon the subject of the means lie had adopted to have the
prisoners identified. He proved that the present prisoner
had been selected out of the. e by two witnesses without
difficulty. At the conclusion of his evidence,
The CAM fur the crown having timed,
The Chief Justice observed, that Ili it was entirely out of
the question to suppose that they could finish the trial that
night, it would hr an well at this stage of the proceedings to
adjourn. lie should, therefore, pronounce the court ad-
journed till the next morning, at half past 9 o'clock.
[The excitement was more discernible yesterday than it
bail been heretolote. There teems to be a very considerable
amount of disappointment arising out of the circumstance
that the c•idener is not more conclusive us to identity.
The proceedings will not, it is apprehended, elusu before
Friday.]

UNIVERSITY AND CLERICAL.
OXYGitts, JAN. 29.—1 n a congregation holden this
morning the following degrees were cunt; rrect : Muter of
Arts—ltev. U. IL Portal and T. P. Beckwith, Christ
Church, Grand Compounders; T. Barker, and Rev. L. B.
White, Fellow, Queen's Cllege; T. H. Markham, and
G. M. Traherne, Ilraselinse College ; IL Fauooett, Rev. 0.
Gaisford, and IL St. John Tyrwhitt, students of Christ
Church; Bev. .1. Macnaught, Wadham College; Rev. G.
Knowling. Pembroke College; Rev. 1). W. Davis, Jesus
College. Bachelor of Arta—W. Brown, Worcester College ;
T. A. Can, Bra...clime College; J. L. Randall, Fellow of
New College; K. Parrott, Wadham College.
Pnormson or POZTRY.—The Rev. Jame. Oarbett,
M.A., labs Fellow of Brasenose College, Rector of Clayton,
&mem, who has filled the office of Professor of l'octry for
the last ten years, has now vacated it. 'the Vice-Chan-
cellor has fixed the electiur of a successor for Wednesday,
the 18th of February. The appointment rests with mem-
bers of convocation. It is expected that the contest will be
between the Rev. Thomas L. Chaugliton, M.A., formerly
Tutor and Fellow of Trinity College, Honorary Canon of
Worcester, and Vicar of Kidderminster, and the Rev. John
Ernest Bode, formerly Tutor and Student of Christ Church,
Rector of Westwell, Oxfordshire.