The Express.
London, England, 1848-01-18 00:00:00

SPECIAL COMMISSION,

COUNTY CLARE.
(Feast OUR OWN REPORTER.)
ENNIS, SATURDAY, JAN. 15.
MURDER. OP PATRICK CLEARY.—CAPITAL CONVICTION.
in
—Michael Butler and Matthew Hourigan were given
charge for having, on the 6th of Nov., 1847. at Gurtnalick, in
this county, wilfully murdered Patrick Cleary ; Butler was
charged in the indictment with having fired a shot which
caused the death of Cleary, and the other prisoner with
having been present, siding and abetting.
The Attorney- General briefly stated the cue for the crown.
The deceased was a man in very humble life, residing in the
city of Limerick, and had met with his death in conse-
quence of having exercised the rights of a subject by prose-
cuting, at a late assizes in this county, some persons who
had committed a gross on rage upon him. Ile was imme-
diately made the object of persecution in the neighbourhood.
Haying had occasion to visit Broadford in the month of No-
vember last, he, when on his way home, was met by the two
prisoners. One of them. fired at him, and inflicted a wound,
of which he died on the 21st of that month. Previous to his
death he made a dying declarationevidence , charging the two men at
the bar with the attack ; and of a corroborative
character would be adduced to show that the prisoners were
seen at the place where the murder was committed, and was
seen running away alter the firing of a shot.
Patrick Mnlqueeny examined : I live at Broadford in this
county. I remember the 6th of November last. On that
day, about half-past five o'clock, I saw the prisoner Butler
and another man together, near where the murder of Cleary
was committed. I heard of the murder immediately after-
wards. I beard a shot immediately before. I maw Butler
sad his companion tanning.
The witness was cross-examined, but nothing to affect his
direct testimony was elicited.
James Fleming, police constable : I saw the deceased man
lying on the road. I asked him what had happened, and he
repaed that he had been shot by a man named Butler.
Cleary had a wound on the breast, which I discovered to be
a gar-shot wound when I brought him to the police-bar-
racks. I afterwards conveyed the wounded man to Barring-
ton's Hoepital, in Limerick. On the way he said he believed
that he was dying, and repeated his statement that it was
Michael Butler who pads hot him,
Martin Gallaher, police-constable, proved to the arrest of
the two prisoner', and to a declaration of the dying man,
made in their presence.
W. Going, J.P., and Mr. Bentley, J.P., proved to de-
clarations made by Cleary, but did not hear him express a
belief that he was in a dying state.
Mr. W. Roche, J.P., of Limerick : I saw the demised
man in
he Hospital. I had not knowa him before.
I told the poor man of the hopelessness of his state, and that
he should answer my questions with the same truth as if he
were before the judgment-Drat of God. I did not hear him
say he was dying, bat I told bins he was on the point of die-
isolation, and he
[The asse
document was here nted to what 1 basaipd,
oduced.] and then made
a declaration. r That
is his dying declaration. The man added, lf I sat to die,
I forgive them."
The crown proposed to read the declaration as evidence.
Mr. O'liea objected, as there was nothing in Mr. Roche's
testimony to show that the man believed he was dying.
After a brief discussion on the point the court ruled that the
document was admissible.