The Express.
London, England, 1852-12-24 00:00:00

IRELAND

Drum. Die. 23.
paOSECUTION OF THE "ANGLO CELT.*
The ow of the Qgateh it the prosecution of the
Atuemy.(;enetal against Mr. Zechariah Wallace,
mtor of the Assilo Ci /t newspaper. for libel, was
rp
„suarr.cril yesterday in the Court of Queen's Bench
teem the lAsti Chief Justice and a special jiiry.
ne Attorney (item], the Solicitor.Oeneral, Mr. Mart.
ay. it F. Heye., Q C., Mr Graydon, and Mr. For.
appe'ri..l on behalf albs crews ; and Mr. Fitagib-
T.,;.‘; C • Mr. MDossoltki .C.,Mr. O'Hagan, sad
31, pArge speear.4 foe the ilefendant.
L.,rd Chief Justice raid that it appeared to him that
tt, diLailant had justified his publication, and as an
aw t sstm uf the caw world prejudge the twat of the
od,„n•be were charged with the murder of certain per.
pleat Sillade Illrelpe, it would be desirable to enter a
meter span tf c in,Letnient. The plea ofjugiticatien put
**.e,. whether the soldiers of the 31st Regiment, under
ce:imead of Captain Edlit, were or were nut guilty of
4..h.vite murder ?
Suocitor-iieneral stated that this plea of justification
b,,en withdrew°.
Eviiihbon, said that though the plea of justi-
on amund stated by Li. lardship, heel been
tLere nu mach that was true in what his lord-
la.," •
%Lac!.
the Attorrieffilestrel said that no question of the kind
I.li.jari.4 during the trio,. He would be of coarse re-
r,mible for the pruecation, and he ussidered it a ngce-
sa him., If that the case should be 'upended with.
• :111 CU* which he had to submit to the court and the
b, tog hoard.
:he 1.4.1 Chief J usties haring heard the reasons urged
'r Attorney-General, decided that the case should be
with.
- Mr. Ferguson opened the pleadings. That wee an In-
' .:mint at the prosecutlon of the Queen against Zechariah
e:A.A., for printing and publi.hing, in the Ce.t
ern,paper, upon Thursday, the 12th cf August, 18.52, •
!ire. scandalous, and malicious defamatory libel concern-
c4 the 31st Regiment, otfici rs and suldi.n. The learned
,Aineel stated the %.11..,US count. in the indictment, the
-,ading paints in which were, that the defendant bad en-
favoured to iitterfsre with the doe administration of

;I•l've. and had maligned the eh iracten or the officers and
re of the 31st Regiment. The foliose ing is the article
shish appeared in the defendant's newspaper, and which
Lai Weren't to the garbled report of the coroner's inquest
tas Sad appeased in the paper.
• Ter Sti• TILAGILDT.—The slaughter of
th Irish people at Six-mile Bridge, in the county of Clare,
has be. n uncle r investigation forseveral days past. la another
we publali a porbon of the evidence Riven at the inquest,
t which it will be seen that the men under the command of
Egar were guilty of wilful and deliberate murder.
W. rt .ume from the ev.denec that Captain Eger was in
of the party who butchered our fellow countrymen
It n day upon their native soil, and if we are under any
shatsotrer, it is owing to the attempts of the mid.
tor• • Aa*.t.uritie.' to stiffs the investigation. The 3lst, we
;• -s,. its facings years ago for cowardice, audit now
, ai• at red tufts, rod collars, Mo. It seems by all ae-
tlAt the Clare election was of the ordinary hue of
cwitteted elections in Lrelacd. Upon the one side
ran,: the landlord 'ethic ace ; upon the other aide the
pasts. All parties were of omen much excited; but it is
rate app.rent that no sufficient provocation wee given to
tit, (\wearily wretches of the 31st to discharge their guns
or a a def. hee:csa crowd. Indeed, it has been proved by
ffr. Icllwn, of Lelvoir, a protestant gentleman, that the
populace sake ndi lel their sticks to him be fine the 'mili-
tary entered the village. This alcae would show that no
ethali OM premeditated hy the people. We trust the go-
vithaeat will act impartially in the cutter, and punish the
pa.lty runes, whether Creme I in red, black, or grey."
Ito Attothey.Geaera! then addressed the court out jury.
The si :edi.aut stood iudieted for the crime of libel ; and et:sp-
lit: :hr cast of all those technicalities which were necemary
as act es of kw, the substance of the case was this—that
the le:it:dant, by the publication, attempted to interfere
silt Ito dile coitale of public justice, and to prejudice the
bet and impartial nvr.tagatioa of a Moat important
aid 'pm the second branch of the ease the charge was,
that tie defendant had falsely and maliciously calumniated
miatary gen•lenien of the highest position and the most
a; :Ices character; and in another part of the cam the de-
irric.e.l was charged with having, by falsehood end
re:amry. endeavoured to depreciate the character of mili-
tary meii. The I • d gentleman then referred to the
transaction that had occurred at Six-mile Bridge, which
Lateen frequently published, and commented upon the
impropriety of my newspaper editor prejudging a verdict
aid pnjedicinp the minds of the jury. At the prevent day a
whipper editor had no reason to complain of and., re
'Mint upon the liberty of the prees—apeaking for himself,
La had as wish to me it rtstiained. lie asked no greater
restrictica upon the liberty of the prime than what he saw
before him—twelve gentlemen upon their oaths imps:k-
eel:eel to say whether in their opinion the fair bondsof
the law had been (acceded. The learned gentleman then
lead the attention of the court to Lord Campbell's
Label Act, to show that the person who published
what was regarded as a label might biddy by Foy-
is; that it was true, and that the publication of the truth
would be conducive to publics heeteat. The teamed gentle-
men then adverted to the prided and partial report of the
evideme which the defradant had lye& in his newspaper,
sad observed that this was to pasjailige the nee
cad interfere with the due admintetration pine pone.
Ile kid published in his newspeper the eglinse ef mem
who had not seen the occarrease in the hae► sad who were,
therefore, ineay able of giving teetimev as be the main sod
.aportaat parts of the case. lie wwlfTpwho several ml-
Wry gentlemen who wend tell this On the telpilaillt,
who hail been de *imbed an sommeffite bad ban nennehle
for th,ir mirage. It hod helm ftingen bed
lost its colours sad its beings. It wee tree rat the reel-
Gate had lost its eclairs. They had hewn ink and n-
inety is the Penineular war, end Wile VIM WM
true oa board the Rest Rest Inansa. dean.
tin at sea they (the Pay) bed no Been end; he beamed
that the alms of the regiment bad Kesel buret ia the ews-
tsgratioa, the the facings al the segineet bed never bees
C.sagsul. its jury langine the Anew ef theUl.
tary patients, an nese weft Ink sannen, la beteg
Massed with eft ea Anse as estwagilse sal saftlesp
toe, sad they would is the le=ani
cuss 1e
the
character of the British sast, leallikad
from the lowest easesneenigt, nib the ellen sane
from that chintzes, and benagebis dais who EM very
mock eay minted= Ilia be oast upset their bo-
zos.. lie (the At hit tbs ere:with the)aey,
cante:f that their beenhesabis
Tee proprietorship of thedhip&Ciell bane, ben preyed,
the following winnow were ennieed:
John Gabbett, Bag,etrawlaed by the Aelftey Omen.
am• magistrate of the amp of Clore. I remember
the. Adios irne «sawd Claw, at 8122111•-___
worn by a deseneet sipea alarm sad wow
testes of that ). That requidtion was acted open.
I was at Si on the ensiles' et the Worts.
note loss of We, and saw part af the liennetin I saw
put of what waned at the Illpoeflk Inn Saw persona
than. I attended the *aft
whs.., sworn On
the lit of Jull. I wee newieed as an denied
to everything I saw. I wee peahen ea the part of the
military. It was towards ths eel a -readaet I was
weaned. Other witnesses wen se bents me as
the part of the military, gadgets& 1 OM, Capt. Eager
aid others.
Celoael Robert Doe@ essefted by the Solicitor
fieseral—l was Annan Adluent Omani for
Legend in the may of Annie. 1852, Kane.
General Fleming volaisammil. The ilea se-
patent was stasisan as Lona Is net
s=
endives emmameffed W Woad liteftes.
tho eddle.. Aped 01.14/41f 1118.
Section for wises Wee WM rig t• eiateWdesae A
party of the sug Reghasai wee draws te hes en ann.
arid] myself saw It resat ma inf. It enftedefikeipsesit
sad hie, with two seritessis. UMW to emmosi sf Hag,
Eder and Lieutenant Henn he day was be be a eel
guard to the voter' who weft On
_ben Simla***
p,thas.place at Biamile-britre.l did wet the
party omit I hoard in the Amon of Mat what
hennaed at Sininbeidge. I pegtaied there with
more troops. Oe the Shed of flay I saw roc wean He
on neonates the joy nee I rarteeL I ranged a
rtiuuntemi his the earanw tallier ft the sifting* at
the iirtest eine sweep lath esanseedi the mil. 110 f
attended asesedingly, en I wee with then. There was an
encampment at the pis ft thew. I obeyed the orders of
the general to moist the ossease in every way I could. I
did net in any way stiffiejleaffinre en prevent the truth from
ht,alt disclosed. Col. ftentsa was present at the *seat.
I think the inquest closed as the IRA of Awn. Two
weeks had elapsed betore any I/MOM IMO celled as the
part of the military. TM 31st Reginnns has sever been
etigmatised for cowardice. It is NM erne that they win
ever deprived of thexiitr. They aft as high a repo.
as
taboo any
.other in the sentes.
Ihe ftqauatiou of areghafeen, reasinag protection
to the voters, was handed Ise as endesse.
Cross-examination of the witness by Mr. Fitzgibbon,
It C.—l remember that 'ousel wen sting at the inquest
aesinot the military—Mr. Coffey eipiont Am" and Mr.
Graydon was for the military. Lewdest Mr. Ogee salt-
ine cur the names of the soldiers who int I cannily
4.41 rroienatier turning about to Mann with Mr. Oraydon
Spin Pus doing se. Mn. Oraidas allglit have spoken to us.
I ri coiled, la the cowls ei the *asst. Mr. Orsydon re-
fining to give the Dania et the and at the saws
time affirming that Ire did net knew them. At the time
Mr Coffey asked fur the name I did sot know them. If
the .tiliutant-General had waft me to And them out, kW-
te.ely think I could have den le. not know them now.
crigibbon —Do yes believe their Won are known

MalicitorAicaeral-1 avast to that question. It is not
evid, ace.
las chit( Jostles sided that the question should not be
pat.

Crosuezaininatiew ilientinwaff-1 did ant We any steps to
ascertain the names of fka seldlea who and, foe 1 would
have been culpable in deb. se wiliest enders Irons the
genteel. I had we awl= ups tin 'abject at all. I dare
vs, I might have said at the iscpwat Ant. res far as I was
e incensed, I could give no informsdaw."
Mr. hi:gibbon—Did you *bet molar consult the'
adjuttat•general on the subject?
Wi.nese—No ; ceitsinly not. thew Mr. Coffey piteared
tlic name., I said I was la the kiwis of nay estuseeL I '
did not connaanieste 4 tkeaffjelasaverni MAIM ernes
rccolired by the 01411114 Ml6* alle. I dwell'
It haw,' dose it asks* my email we le de me. I
td net erwege Set dm ono obsold Est be styes. Cs*
win names were pees by Mr. Clowila, the meglewate, bet
not
he admitted be did give Mem etwrettly.

Col. Norge elmsMa ozonised by Kr. Manley, Q.C.---I
am liestessaboollemol 'piths 3lst regiment. 1 hare tiled that
peados he shoat sin years sad a half. I recollect the in-
quest la questioa. I attended it from the fret day to the
lass. £ll the moo who composed the escort attended it,
eltlmo , who was sick. Dario' the progre of
thatr muss
qotry I did sot attempt to keep back the truth or to
ttsetnte the ends of justice. I was in the army with the
Slit Regiment on the beaks of the fintledj.
Mr. Martley—Were they properly stigmatised as a
cowardly regiment ?
Witness—Well, upon my word I cannot say that that wu
one of their attrihstee. Duriug the time I have knows
them they have serer been deprived of their facings for
cowardice, or for any other cause.
Croweesamined by Mr. 74*Dencrogh, Q.C.—Colonel
Douglas was my superior officer. I had not the mean. of
learning which of the forty men And the shots. I Instil
Mr. Coal_ mak for their names more than ogee.
Mt. M.Donough—lf you had received orders from your
commateling officer to ascertain the sums of the men who
fired, could you not have elected that object?
Thu question was objected to.
The Chief Justice ruled that it could not be premed.
Mr. M•Dolesugh called on his lordship to tabs a note that
be pressed the question, and the Chief Justice sail be would
dose.

Craw gemination eontinued—To the beet of my know-
ledge and belief 1 did not make inlay Inquiry to aseerain
the nam.a of the IBM who tired. I beard that ten eisots
bad Istro fired. The names of the men who tired were de-
manded by counsel on one aide, awl refused by counsel on
the other.
_

Solicitor-General—A very modest demand, I court ton-
fees, my lord.
Crow-examination continued—l rvtained Mr. Graydon to
act for the military. Colent i Douai.. and I were both pre-
sent when the dvinan 1 for the names was made. I think it
probable that Mr. Graydon spoke to Colonel Douglas on the
multit et, but I cannot sweat that he did.
To the Court—lt was certainly not in consequer.ce of any
direction from me that Mr. Graydon refused to give them.
I did not 6.4 that if I was advised ►y my counsel I would
furnish th. m, nor did I hear Col. Douglas say so. In point
of fact, I could not have furnished the names unless from
the statement of the soldiers themselves.

Mr. 11•Doeough—Did yi,u hear the ma state anything
ab.ut which of them tired ?

Witness—l am sure I heard tonne of them allow that they
fired, but I could not my how many.
Mr. M'lMaoti‘h—Did that reach your knowledge before
the inquest terminated ?
Witness—Certainly, what I heard was before it tents:
aided.

Ite cremated by Mr. Manley, Q C.—l was examined at
the inquest. I did not refuse to answer any question that
was put to me. I remember Mr. Cronin tatting out the
names of ten sol tiers, and, according u he did so, I ea.led
forward the men nun. d.

Mr. hl•Donough—Did you understand that they were the
names of the men who fired ?

Witness—No, that would have been entirely hearsay.
B. nj.min Hayes s 'mined by Mr. Hayes, Q.C.—I was a
sub-constable of police in July last. I was stationed pee-
-1 manently at the pulfis barrsek at Six-mile Bridge. It lases
the main street. I saw troop, coming into the town that
day. I saw part of what took place. I was examined on
the ninth day of the inquest.
Constable Richard White examined by Mr. Oraydon—l
was stationed at the door of the Courthouse, at the end of
the bane. in Six-mile Bridge, on the 22nd of July. I re-
member the arrival of the military. 1 saw people going
into the lane before they appeared. I was examined at the
inquest, and stated all I knew.
Lieutenant henry Hutton examined by the Attorney-
General—On the 22r.d of July last, Captain Eager and
I aecompecied the party which escorted the voters to
Sismik-bridge. Captain Eager walked with the front of
the detachment as it interest the town, and I brought up
the party villa formed the rear. Tim sergeants were at
each flank. I saw • great number of persons on the right.
hand side of the street as we marched in. I was examined
at the inquest and gave every information in my power.
I have been • little more than nine years in the regiment.
At the time I entered it the facings were buff, and they
were the same the regiment always had and has still.
was five tines in battle with the regiment, and curled the
colours on two of those occasions. I heard of the
regiment being stigmatised for cowardice.
Captain Eager examined by the Solicitor-General—l led
the escort when it entered the town of Simile-bridge. I
marched at thu head of the party until just before the
firing took place. I did not know who bud the shots. I
' was examined at the inquest, and stated all! knew. Mr.
Cronin, the magistrate, made application to se about the
names of those who fired, and I gave him every mistimes
in my power. lam22or 23 years in the regiment. The
facings of the regiment have been always buff and it has
been in action in various parts of the world.
The Solicitor. General—And has been particularly &stilt-
rtniahed (or cowardice ?
Witness—No, sir.
Mr. FluiciMmia, Q.C.—Now, is that the form in which a
public preload*, should put the ques'ion ?
Solicitor-Omnessl—That's the way I'll put it.
to Ur. Filitibiseo—Oh, I have too much experience of you
expect dull.
Crowe elthe whops by Mr. Fitsilbooa, Q.C.
—I think theint dot was hied tres the rear, en my right
hand aide. I was under the inmates that not more than
Ave Of six shots wen died, Ms i.e abets might have been
Bred at the same ammotole ag to }adage MS Nu wpwt
The whole oempied • very shoot time. I deal it
ilia even half a minute. The shots emu hem the part
KM, column near me. I don't kwim who Sind. I gave
neortim to fire. I was Oder the eine si Ur. Deism.
I did not hear him give soy ordain to are. Thom was a
muted pee+. betwma the Int Met end the messediog ems.
I imbed to the frost to ass whet woe lopposing, and the
moment i got to the hest • mew ategpeed and fell as if
do. I er&rml the NM 111 some Wog. sad I Wiwi that
seder was instantly timed. I onset say whether any
Met was fired afterwards ft set, hot I repeated the order
not to Are. I braid that Mess dells wort AM. I alert
vase sae deed UM. I Mod at em she et the anatiling
meg, whits Mr. Creeda asmMi the willists.
To the eilellerememl—M. Omit mid It was hi (flay '
as a segitstas Is eadeawasefi asssleda whip dr* and I
hid Mot the only way or fieffig It sat thst I scald disk of
less Ow Ns is pat his Isar Ma the mai cif scab man's
gas sad had she what/writ wag steed se net. I west with
Nag serif to the sad of the party where Urn. Hutton
wee, awl lima him how to examine the muskets. He
dm grid semi; gad wads. W see whisk appeared Se be
=hosed bin that It mu set, sad assillsaed ea
test whisk was wridisa Is that browse, viz..
that the tapaet glassy gut ellialthati boss And would
be teraldhol. esissepaistly he MI on. he had 011 paper
the same id Gass wb• he ssallared wan the sea who
Ind, Mike twmthesppwslK *dr pas. I asked
Ms Es a dills Ihit. sad be gas Is la se.
Came; As he was gas of the escort
to wee edsh the party in the lane. He
was with one ton loadisi teafo.. He wee examined
at the
Timesserel mimed to sib tf he had maim!
any Works Is the Mae.
The dedmihnies ssaasi doodad a tics question, and it
woe set /NOW.
Mr. J. sspy
Octagonal on allesisi of the corsage s in-
TA,ch ha hal moped the Ia the
s of the Clerk ths Owe&

-7-fis•-iesWsWiii;;;F:tiiiiilon.
The Chief Isaias istamoted that be would sot pawed
say farther with the trill that evaiag, as be wee obliged
to &toad is soothes pleat.
The farther Douai of the sass was this postpaid to
1 this amiss at half-pat ten.

n• YwT lemithes as follows soother of the ap•
Estramade by the eelog
_hi& government :
tsuodentsed Mod 1600 Mew Ed, hu-
ddled-law amil barn to tbe bee aid llie by
Ids boned 'trestles en tithe end sest ebergou hes
bees appointed by Ms SzesVatisy the Lard Lieu-
tenant to the vieogemideobblip of the Galway College,
named by the vodpotim of Dr. O'Toole."
The peens misdeed in Winsome gaol charged
with be eenmeheilin the murder of Mr. Manifold,
have ban dhobingel an entering into reoognisanewe
to sprier visa es.

Oilieumment bee Mired a reward of 604 her the
omen el the panint the evening of the Oth
Wet., between six anwin Abet, as Gerald Villiers
Butler, ER., Mr. Fiona Mtn% sad James Tooter,
were materring q at the beck entrance of
Colonel Weetenee's dar mice ken the opposite side
of the road, snapped a pa at them, which burned
priming.

Government has alai offered a reward of BW. for
the disoovery of the party, consisting of eight men,
armed with pistols, bayonets, and bludgeons, who a
few nigh.. since, about the hour of nine o'clock,
attacked the house of • farmer named Michael Far.
relly, residing at Whitewell, in Westmeath, whom,
together with his brother, they severely assaulted,
and at the same time inflicted three bayonet wounds
on his servant, William Merchant. It appears that
Farrelly discharged a gun at hie assailants, and he
is supposed to have wounded some of them, as tame
of blood were found about his dwelling.
The Belfast Mercury has the following account of
an ineenthm7 outrage in that part of the county of
Down called the Ards:

On Saturday night, the 18th December, at the hole of
seven o'clock in the evening, a week of hay, the property of
Mr. Robert Brown, aim Kakeubbin, wee malleiessiy set
fire to. Moe sobs the matter the more numenntable
la the allallainell drellown nu the tenser tenant, who
wu oPmehall fro orupepooat of rent, being nearly foe: pan
in urea, the awne OM. nearly three year.' rent, for the
place, arils Ms into pesieesion with hie entire approval.
But some WAeq parties who wished to get Into peenfolon
without payiag:ei to it me &swami In their en-
potations, -sof teed of rides the plate werthhea
to the hennaed lee fy their odhineet disparities. It
ie pert of the poverty of David 2_i of tioaloseforg:
one of the kindled rod most esesidarate kir Herds
the north of Ireland; to opooodo of Iher yaws ope Spew
26 per cent. off his way., ad IMO the >tret to War his
mom to the aloud deeemennees et the Moo, est this Is
hi. reward. He lee me soestied as tottring rent eel of it
for wren years, net leo Welt
_erCootfft /Wroth of no foil
Improving the place into *Wet Avsesto only lately ea- ,

tared Into ponsui m. This is a state of gltt a that osaht
not to exist, and the fault must lia with the public autho-
rities, who thus fail in affording premeditate Ufa sad pro-
perty. This person Ins got several tbreeessies lettere. sad
is at present living under the threat of mem pm' my-
sm, and this may be looked upon as the fret leateeast.