The Express.
London, England, 1853-12-24 00:00:00

THE EXPRESS, SATURDAY EVENING, DECEMBER 24, 1853

IRELAND.

DCBLTN. Dsc. 23.
EXCHEQUER NISI PRIUS.
LIFOILI TUG CINS2 RADON AND A 'PICAS. :LIT.

la not that Mulhall'a endorsement of the date—put on
ycur specs ?—I cannot soy. I never put any mark on the
paper for the purposes of the trial. lam not sure that the
letter was whole when Crony got it.
Mr. Whiteside, Q.C., said that tLe witness could not be
permitted to read the fragment cf a letter, muiland and
undirected.

Mr. Manley, Q.C., said that the document produced was
merely a copy.
Witness to Mr. Martley I remember Daniel Crotty
speaking to me in September, 1812, about two bills (1801.,
NV.). Upon that occasion Crotty told me that Mr.
O'Shea had made a demand upon him for two bills, and
he seemed to be • good deal thopleased at it. He showed
me a paper, I read is. Crotty spoke to me about it. I
think he had a eommunicati la with Mr. O'Shea after he
had the fint communication • ith me. Crotty appeared
to he very angry. He asked me would I interfere with
O'Shea fur him. I don't know whether he had the letter
a day or some hours. I said I would do anything at all
I could to oblige him. I went to O'Shea by the desire of
Crotty. This was the 18th September. It might have
been 12 or 1 o'clock. Told O'Shea exactly the communi-
cation I had with Crotty. I told him that Crotty read a
letter fur me which he had sent him, that he was touch die-
pleased at it. I told him that it was a letter for money. I
also should have told you I told O'Shea that Crotty said
that Mulhall said to him he could not recover on the bills
without the bond. He then toad me he would give me as
much money if I would dr,w upon Lyng, who was with
me at the time, as would take up the bill. I went back to
my own house. I perfected his bat, and I got the money.
I told Crotty that Mr. O'Shea had consented to give me
the money upon my bill to take up the other two.
Crotty consented at once, and was very glad that Mr.
O'Shea would give me the mosey. He said, "Drew
the bill, go with it to the bank, and get the money."
I took the bill to the bank, went back to Dan Crony's
house, and gave it to him. I don't remember anything
else said to me by O'Shea in reference to the money. Be-
fore and after the bill was drawn I conversed with Crotty
about the judgment. He stated to me that Mr. Mulhall
had said he could nut recover upon the judgment unless he
first discharged the two bills, and be also stated he would
always hold me liable for the amount. I handed him the
money in the presence of Wm. Lyag. After that I went
with Crotty to Mr. Mulhall. Heard Crotty give directions
to him. He handed him the two bills, and desired him to
sue for the amount—to mark execution for 3801., and have
it put in force. He left the bills with him. I came away.
Nothing further occurred. I think Lyeg was with us at
the time. I cannot say when I saw the bills next. I don't
think I saw them afterwards. I reießect the time of Crotty's
death. I know Mr. Richard Crotty. Daniel Crotty gave
me his I 0 U for 3671. Bs. 6d. I told Mr. Richard Crotty
that I had an I 0 U of his relative, pasa-d on the 21st Sept.
When I asked for the 1 0 U from Daniel Crotty he said,
you will not be called upon for the amount of my bill
in the bank—the money arising from the execution will ray
you ; you may make your mind easy upon that. I said to
him—that may be the ease-1 will nut question it for •
moment, but I would line to have it ; my bother might ask
me why I put my name upon a stamp or bill for so large
an amount and I would like to have an answer for him :
he then signed the lOU. I wrote it myself. I had the
IoUin my possession up to the time of his death. I after.
wards gave the lOU to Mr. Richard Crotty. lam sure
I said to him the account is now at an end against your
relttive, I have an I 0 LI and I thick 1 should give it up
to you. He told me then, as far as he was concerned, he
would stand in the shoes of Richard Crotty. He said he
would protect the bank or me—he would protect any one
to whom the money was due, or words to that effect; it
was 'repeated very frequently afterwards. When I drew
the bill I was able to pay it. (Bill handed to witness.) This
is the renewal of the bill which I dal w.

Cross-ezamined by Mr. Whiteside, Q C.—l know Father
Dempsey I have dined and drank in hie company. I
am not married. I have some family in the town of Carlow.
In my young days I had a son. lie has no place. He is
living in the county Carlow, I believe. I did not see him
for some time. 1 knew Mr. O'Shea and Mr. Mulhall. I
dined yesterday at the Angel Hotel in company with
Mathew Byrne, Toot NH+, Mr. Ceffey, and the Rev. Father
Dempsey. Lyng was not there. Mr. Mulhall did not tell
me whether Lyug was going to be a witness or not. I did
not see Mr. Morrogh to-day. I have been living in Carlow
twelve or fourteen days. I took no part in the election
IVh I had influence I used it in favour of Mr. Saaleir.
I will not call myself a partisan. I used influence for him,
and would again. I have not been a voter since 1847.
lam not afraid of my brother. He is a big man, not as bog
as you (A laugh). 1 knew Daniel Crotty very well. 1
did little matters for him. I got money from him.
I did pay him all. I never borrowed anything over
61. from him. I passed an I 0 IS for him, which was cashed
by Dan Crotty. He died in Browne-street. I was then
the evening before. I did not pay Father Dempsey on foot
of the bill. Dan Crotty was fond of drink ; tolerably fair.
I have known Dowling mere than 20 yea:s. Dan Crotty
was food of him. He sometimes went to his house. My
brother supported Sadleir in 1852. On the last election
Mr. Sadleir had a large majurity against Major Layard.
I did not know from my own knowledge that Dowling
resolved to vote against Mr. Sadleir. I did not often go
'to Sadleir's bank. Before the election of 18.52 1 was there
upon two or three oceasious. Lyng was never there with
one. I never cashed a bill in the bank save and tempt
the present bill. This was the only bill I passed. I
was not particularly anxious that Mr. Dowling should
vote for Mr. Sadleir. I would call it a crime to arrest a
man for a debt which did not exist. Before the election
I was talking to O'Shea about the bond. I never
heard O'Shea ask Crotty fur the bond. Oche,
crake to me shoat Dowling's bond before I got the
priest. He did not try to get the Wad, sad Crotty re-
fused it. Dan Crotty end I were talking with O'Shea
several times before I got the bond—a fortnight betre. In
my hearing O'Shea dad not ask Crony to give him the
bond. Lyog was with me. O'Shea did not ask it in our
presence, but there was s conversation between him and
Crotty relative to it. The suljnt of du bond was intro-
duced several times during the conversation. It was re-
peatedly said that Crotty held Dowlinw's bond. I did net
hear any talk about arresting Dawlorg on that dry. He
did not talk of framing and glazing the bond. During the
hour and a half Crotty told O'Shea that 7tiol. were due
upon the bond, I 'wear that he had a bond for TOOL, and
that bond was on demand. It I said that D. Crotty told
O'Shea that 700/. were due upon the band it would tint he
true. I never got the bond. I may have seen O'Shea after
during the week. I know Multhall. I saw him during the
week, and I knew that Dowling was going to vote against
Mr. Sadleir. It was in my brother's house in Dillow-street
where I arranged to go fur the bond. My brother oas lying
asleep on the sofa. I did not Ley to Father Dempsey it would
be a good thing to prevent Dowiing from voting at the
election. Question repeated—l think we did say it would
be a good thing to get Dowling arrested to get Crotty paid,
to take him in fact out of the hands of Dowling. I don't
swear that we said it would be tor the sake of justice to get
Dowling arrested. Pat t of the tiansaction was to prevent
Dowling from votiog—(laughter)—the second consideration
was; hut the primary was to get Crotty's debt. I heard the
words primary and secondary one hundred tir.•.ee, and I
think I am sufficiently intelligent to use the phrases.
Might the secondary be primary, and might the primary
be nothing at all ? No.
Dm the priest agree with you? He did.
Did you go straight from that spot to get the hoed ? I did.
Had you drank anything ? Perhaps a glass of wine, or
liquor—oh! ginger, I know. (Laughter.)
Witness—Crony ins antly said he would give the bond
to the Hey. Farber Dempsey. Ho was as wil.ing to give it
as we to get it.
Did be, when he (Crotty) gave the bond, say anything
about employing a respectable attorney in Dublin ? lam
not able to say that, but he gave instructions about haying
an attorney. I did not see where Saline put the bond. I
did not give an account in writing of my evidence to Mr.
Mulhall. I gave ham the heady of it yesterday or to-day.
It was after I read Sadleir's evidence that I gave him the
heads of my evidence. The great object we load in view
was that the matter might be done secretly. It was not
what is called stabbing a man in the dank. I did not issue
the execution. I gave the bond as I have discrobed, and
you may draw your inG rence from it. I had nothing to do
with getting the tat:es:ion beyond banding the bond. I
know Mr. Pierce Power. I often saw him in Carlow. I
em
indifferent whether you Cali the house in Denmark-
street Mr. Morrogh'a or Mr. Sactleir'a. 1 know that Der
Power was down in Carle* getting au affidavit from Crony.
I know Corkoran. I don't know Rorke. I had no notion
that the execution was to come down on the Saturday. I
knew there would be no time lost about it. (Laughter) I
gave no notice te Dowling that he was going to be arrested.
I heard he was arrested. Crotty was pleased that cowling
was invited. I will not say highly p:easect. No doubt edit
he war pleased. I heard that Dowling was in gaol, and that he
could not vote at the election. There was an action byDowling
against. Cro:ty. Crotty did not die of delirium' tremens.
Whisky was in the house. It was always there. The
whisky was not in • closet near the bed.: A Gunter and
Father Dempsey attended hint. Mulhall told Crotty in my
presence that he should first take up the bills Wore he
could proceed. It was Bridget Brennan who attended D.
Crotty. That is not the woman living with me. I did not
owe one farthing to Crotty, nor he to me. There was no
obligation upon me to pay the bill.
Would you pay • hitt for me? I would not. (Laugh-
ter.) lam sure that Lyng way present at the interview
with Crotty. It was not O'Shea that prepared the ar-
nutting of the bill. It was I who paid fur the stamps on
both bills. The price of the stamp was Bs. 6d. Lyng
lived in a house valued 71. lie could not get the fran-
chise.

---
Are you a classical scholar ? Do you know the meaning
of bona fide ? It is a good name. (Laughter)

Suppose I took the liberty of calling this transaction an
impudent sham, would it not be true ?—le would not. I
have • clerk named Hendrickson—a bay about acteoteen
years of age. I sent him home to attend market day. If I
were pressed for the bill I would pay it. I wish you would
make it sure that I never will be called anon to pay it. I
never showed the I 0 U to any one. If I WAR cued by the
pant to-morrow on the hills, Mr. Richard Crotty would
not see me suffer on account of his relative, twcause he is •
men of h moor and principle. lam not a man of fortune.
I kept my cash in soy driver. Ihi pan life as a sickle
manufacturer, and then became a miller. Mysi If and my
brother spent upon • mill about twelve to fourteen
hundred pound', from 1821 to the present. 1 never
asked a complimect from the bank before, thooph Mr.
O'Shea asked me if money would he of any use to me, and
I refused to take it. After the election of 11417, Mr.
O'Shea offered to lend me money to enable me to go into
the corn trade, but I told him that I would not accept the
money. I do not wish to take upon myself the responsibility1
of the money. I have a farm of mitten Heti 9. I make
25/. a year over the rent and tzpenses. I tried to be ad-
mitted an elector out of my brother's house. lam an
elector of the county Carlow and county Kildare. The
lease you hay • in your hands would sell far 1,000/. to 2,0001.

I have 501. Some in my desk, tome in my pocket. I laid
out 1401. in twenty. eight gas shares. lam not rich, but
I very independent. I never bad a bill but one in my lite.
If I were called upon to-morrow to pay the bill 1 could pay
it in a week. Div brother is indebted to me I believe one
or two hundred pounds. I never heard the word "judg-
ment" in O'Shea's bank. I did not advance a penny for
this case. I did not ensplcy Mr. Mohan. Mr. Mulhall
told me that he was attorney in this case. I gave my con-
sent and was satisfied. He told me this not mmy days ago
when the case was 'before the Barons in chamber. I swear
that he is my attorney.
NVill you pay him a farthhing he ask me I will.
Is is not moonshine that you are the real party in this
action 1-1 am the nominal party, and it was the Chief
Baron pat me into it. (Lsugbter.)
The Chief Baron explained to the jury bow it had arises
that Vie parties in the action had been made plaintiff and
defendant by the court, and why it was that they were of ;
opinion that they were the proper litittants.
Wi t to Mr. Whiteside—Mr. Mulhall told me in court
that be 141. my attornty, and I believed him.
To Mr. Manley, Q.C.-1 read the evidence of Mr. Sad-
leir in the Freeman's Journal, but, if I am not out of
order, I will say that the evidence read did not change my
evidence in the least. There is a mill upon the property of
Castle Roe. I paid 2001. for the rent charge. It ia •
boos fide rent charge. My gas shares are worth 1401. I
hare from 401. to 501. from my farm of Dunrnantgue. My
weighing machine is worth 501. • year. The poor rate
valuation upon it was at one time 20i. It is now 5/. It is
rated by Griffith at 101.
To Mr. Whiteside—The garden is not rated at all. It be-
longs to my brother.
1 wish to ask whether this property is as big as the table
It is about eight or ten feet square. It is not much bigger
than the table.

Did your brother compound with his creditors since he
owed you the money ?—No. I am satisfied that he did
compound. It was not a year ago that he compounded.
To a Juror-1 have been served with an income tax
paper. I did not fill it up yet.
Will you return 1001. or nil ?-1 wi:l return as little as
I eon.

_
Mr. Thaddeus O'Shea examined by Mr. J. D. Fitzgerald
—I was the manager of the Carlow branch of the Tipperary
Joint-stock Bank in July, 1852. I knew the plaintiff and
Daniel Crony for some time prior to July, 1852. Mr. Dow-
ling had transactions at the bank, and bills were renewed for
him, to which-Daniel Crotty was a party—either drawer,
acceptor, or endorser. These renewal transactiozs bad
been going on for some time before 1852. My belief is,
that since 1816 they were going on. (The two bills handed
to witness.) Those bills were discounted by me, sod trans-
mitted by me to the head office in Clonmel; from thence
they go to Dublin, where they are payable. I had nothing
further to do with the bills. These bills were transmitted
in the ordinary course to Cloomel. I received the bills
back after they came to maturity, as unpaid bills (referred
in the letter book to the letter of the 11th September,
1852). I wrote such a letter and signs d it. This is a copy
of the original letter. I recollect Hr. Edward Law!, r
called upon me at the bank in reference to the two bills
alter the Ilth September. He made a communication to
me on behalf of Daniel Crony. Lawler asked me to dis-
count his draft on Wrn. Lyng, for the purpose of enabling
him to hand to Daniel Crotty the proceeds of the bill. He
also said that the money he would receive from me would be
handed to Daniel Crony, and he would apply the money to
pay the bills due and lying in the bank. I told bins
that I would discount for the purpose that be required
the money. I have no recollection et Mr. Edward Lawler
having spoken to me about any judgment. Nothing more
occurred upon that interview. Lawler came back to the
bank on another day. I recollect Edward Lawler bringieg
me the bill for 3.571. He asked me to discount it. I diddo
so, or gave directions to the cashier to do it. The proceeds
of the bill were handed to Lawler. 1 can't recollect that
he made any statement in reference to the transaction. 1
hive n 9 recollection of anything having been sail •.0 me by
Lawler about a judgment 1 have known Mr. E. Lawler
for live or six years. I have known him very well.
From what you knew of Mr. Lawler at the time, do you
consider that he was good security for 3501. ?
Mr. Whiteside objected to this question.
Mr. Fitzgerald added the words " bona fide security,"
and insisted on his right to put the question.
Mr. Dl'Donough was next heard its support of the evi-
dence.

The court permitted the question to be naked.
Witness—Moat assuredly 1 did coasider Mr. Lawler
when I discounted the bill for 1501. was a good security for
it. lam not aware that Mr. Sadleir is • director of the
bank. I never applied for the band in order that Mr. Daw-
ling might be arrested. I never applied to Mr. Sadleir or
any one for that purpose. I never applied fur it to any one
in order that execution might be done upon it epics: Dow-
ling—either the bond or judgment, ditectly er indirectly;
I never agreed to release him (Crotty) (win the t !to bills
in consideration of giving up the bond or judgment, or to
release him from either in consideration of his per-
mitting the bond to be put in force against
Dowling. I n agreed on behalf of Mr. Sadleir
to release Mr. Crotty from either of the bills; nor to
indemnity Crotty if he permitted the bond to he
put ia force against Dowling trout the consequence. I was
aware that Mr. Dowling was arrested. 1 never agreed
upon my own behalf, upon behalf of Mr. Sadleir, or any
one, to indemnify Mr. Crotty from the consequence of the
arrest. I never authorised Crotty to state to Dowliag
that if he voted for Mr. Sadleir the bank w.uld re-
new hie bills, and give him a cash ere lit to the extent of 3001.
Dia the Carlow branch of the Tipperary Joint Stuck
Bank, or any person upon their behalf, iu performance
of any agreement between Crotty and Sadleir, in consi-
deration of releasing Daniel Crotty from the bills of 1501.
and 2001, discount the bill fur 3571 Tnere was no agree-
neut. I did nut discount the buil for that ra neon.

Did you, as the ensilage, of the bank, discount the bill
for MTh wi h the ben. fide intention of holding Edward
Lawler liable upon it ? I did.
To a Juror—l did know how Mr. Lawler was to ap•
ply tilt funds.
To Mr. limgerald—l am perfectly satisfied that Mr.
John Eisdleir knew nothing about the second discount. I
eaw the 1 0 U of Lawler, nor did I know anything
bout it when I discounted the bill. I know Mr. kluthall.

He bed nothing ro do with the di.count of the 3.371. bill.
I gut nu suggestion from him about it. Mr. Mulhall acts
as solicitor and as the attorney for the bank in the &salons
Court when I give him bills to discount. During the elec.
tion Mr. John Ssdleir stopped at my house. Whenever he
comes to Carlow he stops with me on a visit. He knows
nothing of the affsirs of the bank. At the election of 1842
the committee rooms of Mr. Sadler were in Byrre•strcet.
I never in fact indemnified Crotty from the consequences of
the arreg.

~Cruss•examined by Mr. Whiteside. Q C.—l did not see
the sheriff. Had Sadleir and Mr. Rorke in the parlour of
my house ; but I did elsewhere. Ido swear that I did not
know Rorke was endeavouring to Dowling. I have
no recollection of thanking the sheriff, or asking him to
drink wine. I know that Rorke aid act for Mr. Sadleir as
his agent in the collection of his rent Ido not believe
that he &eta for Mr. Sadleir in the acres' of Mr. Dowling.
knew that the b ad was given to secure two bills that
were not yet due, and Lawler knew it.
By virtue of your oath, was not that man (Dowling)
arrested for a debt which you knew was not due I Did
not know that Dowling was arrested for a debt that was not
due. I did not know whether the debt was due or not.
I did not know that he was arrested for a false debt. I had
not a conversation with a Crotty about the bono in the
presence of Lawler of an hour and a half in my garden. I
might have had a conversation in the batik for about 20
minutes. I never heard Crotty in the bank speak about
Dowling voting against Mr. Sadleir, but 1 did hear him
outside the bank express his dissatisfaction at the course
that Mr. Dowling had taken. I applied to Mr. Dowling to
vote far Mr. Sadleir. His answer was unsatisfactory. I
I believe I did pay money in the bank on account of the
election. I heard that Dowling was to be arrested. 1
think from Crotty. I was nut going to any Dempsey I did
not knew upon what he was to be arrested. I did not know
he (Dowling) was to be ted before Le was arrested on
the hustings. I did thank Mr. Dowling for his services to
Mr. Sadteir in 1817. We Intended to sue Lawler. When
I am directed I will do so.
The court rose shortly before seven o'cl)ck, and was ad-
journed to this morning.