The Express.
London, England, 1848-01-10 00:00:00

COUNTY OF LIMERICK.

CAPIT•L CONVICTION. - Andrew
Deo aged about 17, was charged with the wilful murder of
Edmund Murphy, at Carrick-Roche, on the 9th June,
1847.
The Attorney. General stated the case for the crown. It
appeared that the father of Andrew Dee, the prisoner, was
pessemor of some land in this county, from whieb he was
ejeeted by the Court of Chancery, under which he held, and
that a person named Noonan immediately became the
tenant. This occurred either in the latter part of the month
of May, or in the beginning of June last, and, as a con-
sequence of Noonan having been so put into possession, the
Dem entertained a feeling of extreme hostility to him.
In a short time afterwards the murder occurred. The
prisoner, Andrew Dee, and his brother, Patrick Des,
waylaid 'Noonan, and a person tamed Murphy, who was in
company with him, about a mile from the town of Oalbally.
Andrew fired, and killed Edmund Murphy, and his brother
snapped a pistol at Noonan, the crkcipal witness in the case.
Patnck Des was immediately apprehended and brought to
trial at the last assizes., convicted of the offence, and gen-
Mooed to be hanged. The sentence was afterwards com-
muted to tranapertation for life. The prisoner now on trial,
however, eluded capture, left the country, and it was only in
November last he was arrested on board a vessel in Liver-
pool, bound for America. lie was then living under an
assumed name.
John Noonan was examined by Mr. Bennett, Q.C. llis
direct examination corroborated the Attorney Generale
statement. On croas-examination by Mr. Olira, there
appeared some slight discrepancy. in his pretest evidence,and
the account given of the transaction in hminformations before

the
JabalaiiaileganL, a blacksmith. proved that a few days before
the murder of Murphy, Andrew Des, the prisoner, and his
brother Patrick, entered witness's forge and gave him a
pistol for repair ; witness handed back the pistol to Patrick
Dea, observing that it met at half and full cock, and that he
could do nothing better with it—but is not sure that
Andrew was present at that particular time.
Mitetholornew Frawley, a young lad, proved that on the
day et the murder of Murphy, he was weeding in a garden
saw hie own house, when he heard a shot. lie immediately
Jumped up on a ditch, and saw the prisoner Andrew Des
noldaa; away with a pistol in each band. The smoke was
from the direction where he afterwards saw the body of de-
awed lying. Cross-examined by Mr. O'Hea : I was present
at the inquest, but did not state then what I state to-day ;
nee did I make any intervention to a magistrate, because I
waa advised not to do so. I did not see Patrick at all on that
day although I jumped on the ditch. To the Lord Chief
Baron : I was not sworn or examined at the inquest at all.
Sub-constable Cronin proved the arrest of the prisoner on
board a vessel at Liverpool, when, on being asked his name,
he stated it to be Patrick King. On cross-examination by
Mr. Ogles, the constable stated that he never heard any•
thing against the prisoner's character before the present
charge.—The case for the proVeution closed here.
Mr. O'Hea, for the defence, rested the case of his client on
the possible mistake of the principal witness, Noonan, as to
the identity of Andrew Dee ; and, as an ingredient to sup-
port that view of the case, said he would produce a police-
Sortable to prove that he (Noonan) addressed Patrick Dea
r " Andrew." This, coupled with the evidence of the boy,
who oily saw one person running from the scene of murder,
was, he contended, sufficient to raise a doubt in the matter.
John Hayes, the police-constable referred to, deposed that
en the day of Murphy's murder he was at Dea's house. He
was present when Noonan came in and said to Patrick Den,
" What a short time you were changing your clothes since
you fired et me."—Mr. O'Hea : Did you hear Noonan &d-
-ame Patrick Dea as Andrew. then I—Witness: No, I did
not. Noonan only said, " What a short time you were
changing your clothes since you tired at me. and your brother
Andrew killed Murphy." (Great sensation.)
Mr. O'Hea immediately sat down, and intimated that the
case for the defence had closed.
Mr. Bennett, Q.C., declined making any observations in
reply for the crown.—The Lord Chief Baron charged the
jury in brief terms. They found a verdict of Guilty with-
out leaving the box.
The prisoner received the announcement with much more
apparent composure than any other person in court. In
consequence of his extreme youth, and the generally enter-
tained belief that in the unfortunate transaction he was
merely an agent in the hands of his elder brother (already
convicted), much commiseration was expressed for and sym-
pathy excited in his favour.—The prisoner was then ordered
to be remanded, and brought up for sentence et nine o'clock
on Saturday morning.
ATTACK' SO a DWELLING, AND ATTEMPTING TO LEVY
CONTRIBUTIONC—CURIOUBCABE.—DenUityartwucharged
with having, with others unknown, appeared in arms, and
forcibly entered the house of a person named Noonan, in the
month of November last, with intent to rob the said Noonan
of his moneys. There were several counts in the indictment
varying the charge in form, to all cf which the prisoner
pleaded guilty.
The Attoruey-General intimated that there were other in-
dictments against the prisoner—one of them for a capital
offence, but that as he had pleaded guilty to the indictment
on which he was now arraigned, the crown would not pro-
ceed with the more serious offence.
The Lord Chief Justice passed sentences He had looked
over the informations, and he was bound to say that a more
audacious case of intimidation or attempt at intimidation
never came under his observation. The facts wery very pe.
euliar. It appeared that the prisoner was one of an armed
party who attacked the house of the prosecutor. A man in
his own rank of life, one of the small fanner class, and at-
tempted to compel him by threats of violence—they being
armed at the time—to give money as a contribution, or aid to
support the moat flagitious system of crime that could disgrace
any country. Now come the peculiar features of the case.
Ryan demanded a pound note, then 10s., and other BOWS,
but Noonan having declared his inability to comply with
the demand, they left the house, desiring that he should be
prepared on the following Monday, at which time they
should again call. What was the result / The prosecutor,
and he felt bound to mark, and was glad of having the op.
portuity of marking, the opinion of the court of the forti-
tude and determination of a person of his class of life. The
prosecutor would not submit to be plundered by robbers and
assweins. He gave information to the police of the circum-
stances, and at. the appointed time on the Monday night fol-
lowing a party of police were ready for the attack. True re
appointment, prisoner and his associates appeared to demand
the money, and a conflict ensued, in which one of the party
attacking was shot dead by the police in self defence. This
was not all; for the prisoner himself fired a shot and wounded
a police constable, for which, but for the clemency of the
crown, he might be placed upon trial for his life. Under
these circumstances he felt bound, and in this he was ere-
tioned by the opinion of the Lord Chief Baron, to pass
upon the prisoner the heaviest sentence of the law, that of
death. The sentence of the court, therefore, was that he be
transported for the period of his natural life.
FORCIBLE ENTRY AND DEMANDING ARMS.—Patrick
Farrell and John Farrell were indicted for breaking into
the dwelling-house of Patrick Berkman, at Tooaph, on the
13th November last, and for having then and there, with
others, assaulted the said Berkman and demanded his arms.
Several witnesses were examined for the prosecution, but
none were produced for the defence. The jury retired (tor
the first time since the opening of the commission), and,
alter a deliberation of nearly two hours, came into court and
intimated that there was some doubt entertained as to the
identity of ene of the prisoners, though they were perfectly
clear as to the guilt of the other. They were sent to recon-
sider their verdict.
The jury were eleven to one for conviction of the two
Farrells. Medical te,timonv was given to the court of the
illness of one of the jurors. The Attorney-General consented
to receive the verdict against one (so entry being made on
the issue paper regarding the other). The sick juror was
not the recusant one.
Arreaniso IN Amts.—Thomas Ilinthy was indicted
for appearing in arms to the terror of her Majesty's subjects
at Kilronan, Nov. 30 last. The case was fully proved, and
the jury, without leaving their box, found the prisoner
guilty.—Sentence deferred.