The Express.
London, England, 1848-01-22 00:00:00

SPECIAL COMMISSION.

COUNTY OF LIMERICK.
LIMERICK, Tuoaanar, SAW. M.
The Lord Chief Justice and the Chief B aon took their
meta upon the bench this morning at half-past 10 o'clock.
111211Dili or Ms. HILL—CAPITAL CONVICTION.—Jaems
Simko'', a very young man, not more than 20 years of age,
ler placed at the b Ir, and indicted for having, on the 18th of
November, 1847, at Itathlisrd, in the county of Limerick,
wilfully and felonously murdered one Ralph Hill, by firing a
leaded gun at him, from the effects of which he died. Than
are four or five other parties charged with aiding and abet-
ting the prisoner in the commission of the murder.
Ir. Bennett stated the case fur the crown. _

Thomas Flaw:terry examined by the Attorney-Genend.—l
Um M the city of Limerick, in hfr. David ',emerald's em-
ploy; in October last I was employed by him in making
a distress; it was executed on the 29th of that ,
month, and took place at John Quan's. I was there
when the corn was aold, on the 17th November; I
know the prisoner James Skehan ; I heard he wee a servant
of Quan's. On the day of the sale I asked him rialls
key of the barn, and he mid that herself (Mire,
had it, and was in town. I went into the Me
look for it and could not get it, and thaa
in the door; the primmer followed me in, mall mil I
would suffer for it. In a few minutes ea I brake do
door I saw a daughter of Quan's and James Quan, =1
his eons. They were in the yard. A quantily of
barley, and hay was sold that day. I purchased the cent.
The threshed wheat was removed the day it was sold, but
I did not remove the own. On the day after the sale I
viltiTrg. I brdintgOelieears with want sMe airailit litelr. Raloh Ilia,
the deaased, came also. There was a person named-Edward
Allen with us, also James M'Mahon, Bolen Hanley, Michael
Tobyn, and James Neale. 'They were all keepers. I met the
keepers and some of Quan's family near his house, in the
avenue. The keepers came back with Hill and I and the car-
men, to Quan's home. Before we arrived at it we met old Mrs.
Quan and her sun Daniel. We had some altercation. Mrs.
Quan caught hold of me by the collar of the coat. I was
then at this side of Quan's, near where Hill war shot, within
'llin
from seven to twelve yards of it. I know Mr. Fogarty, the
surveyor. I pointed out to him the place where this occurred,
u well as I could. When Mrs. Qean had hold of me her
sun Daniel pulled her away down the road towards Lime-
rick, from the direction of the house. As soon as he pulled
her away I wen t on towards the house. Hid, the five
keepers, and the carmen, were all with me. The cars were
with us also. IVhen going along the avenue I had a full
view of the haggard. We had nut gone more then ton yards
when we heard a shot, and both Hill and Tobyn fell imme-
diately. They dropped Teas close to me. I saw the smoke
from the shot. I saw it in the haggard, at the quick-at
ditch. I heard a second shot immediately atter the
first. The second shot wounded M•hleihou. That
shot appeared to come from the same place. When
I heard the second I ran back, and bad not gone
more than six or seven yards until I heard a third I
shot. This shot was fired from a part of the hedge whet,
there was a gap where a man could pass through. I saw
the prisoner leap out of the haggard from where the shots
came, with a gun in his hand. I ran off, and can't my
where he went to. I came into Limerick and informed
the porce. I brought aPnlahon with me. Ho was
well able to walk, although woueded, but Hill and Tobya
we left after us. I was the last of the party, and the
nearest to the haggard. When I was going to Quan's house
with the police we met souse artillerymen. 'the police 11
and I cram d the fields, and the police who got en before me
arrested the prisoner, and brought him to where I was. He
had but one shoe on. It was not an hour from the time
Hill was shot until Skehan was arrested. I ran to Limerick,
and drove back with the police. The artillerymen gave
the alarm.
Cross-examined by Mr. O'Hea : I was a turnkey of the
city gaol, and was present at a great many trials. I know
pretty well the necessity of good evidence and sticking to
one's imfermation. Ha man tells a magistrate one story and
a jury another he should not be believed.
teJunsel here read the witness's information, in which he
i swore he could not say where the third shot came from.
1 To Mr. O'Hes :My information was true, and was read
to me. I saw the smoke of the shot in the corner of the hag-
gard. I told the magistrate so, and I cannot say why it was
not put in my information. I saw the prisoner come out of
the c alter immediately after the shot. I am telling the truth,
and have no re,entment. lam perfectly indiflerent as ;to
whether the prisoner is acquitted or not.
Michael Tobyn, one of the persons who was wounded on
the occasion of the murder, was next examined, awl corro-
borated Flannery as to the firing of the shots, and showed
his face to the jury, where a ball entered his right cheek,
pawed round his entire head, and came out upon the oppo-
site side, shattering the bones of his jaw and teeth in a
most frightful manner; of course his evidence did not prove
anything after he was wounded.
John hi'Mahon, another of the persons who was wounded
en the occasion in question, was examined: I know the
prisoner, and saw him shortly before Mr. Hill was shot, inside
the haggard hedge, with ague n his hand ; he was inside the
sprit from which the shots came.
To Mr. 011 ea: It was about half an hour from the time
I saw Skehan in the haggard until Mr. Hill was murdered.
Hobert Hanley : I saw Skehan in the haggard ; he hael
sennething in his hand, but I can't say what it was. I saw
bins there about half an hour before the shots were fired.
7.John M'S mare, a boy about nine years of age,exeraineil:
I am nephew to Daniel Quan, and old Mr. Quan is my
grandfather. My father is gone to America ; since he left I
lived with my grandfather. I know the prisoner Skehan.
He was in my grandfather's service. I remember when
Mr. Rill was shot; before that I heard Skehan and other
persons talking about Lim; this was three or feu days
before; they said," It is a murder not to kill Hill." My
undo said that, and Skehan was present, and said,
"It is." I remember seeing the prisoner making
bullets about a month before this. lie melted lead
in a grisset, and poured it into two holes in the floor;
I remember hearing the shots the day Mr. 11111 was killed.
I saw the prisoner that morning coming up the road. There
was a gun in the house. I saw it the night In fore ; it was
a double-barrelled, gun. The: gun was kept near where
Skehan used to sleep.
Honora hPNamara, a little' girl about 11 years of age,
sister to the previous witness, examined : I remember the
day Mr. Hill was shot. I was sent to milk the cows about
eight o'clock that morning. I was in the house the night
before. I know the prisoner, and saw him there that
night. There was a double-barrelled gun is the house.
I never saw it in his hands. When coming home from
where I was milking the cows with my aunt I met the
prisoner. He was going in the direction from my grand.
father's, and was running. lie told me if I raw any cae
going after him to say I did not ace hint. I was then by myself
carrying home the milk. This occurred before breakfast. I
heard of Mr. Hill being shot after breakfast, and I went
out. and saw hint on the road.
To Mr. O'Hea : I never spoke about this until I spike to 1
the gentleman in the court-house. I often got cakes and I
apples from Mrs. Daly, whom lam now living with. She
is the police serjeantet wife.
Svjeant Major William Reed examined: li am in the
artillery stationed in this city. On the day Mr. Hill was
shot I was out with my troop exercising. About 20 mit 'es
before 10 o'clock, as I was on a road leading from the le. e
to the Roxborougheroad, I taw some constables standing
near a man who was shot. Upon looking to the rise of the
hill I saw a man in a crouching position near a hedge. I
told the circumstance to Mr. Cripps, the magistrate, who
mile in that direction, followed by
.the police. The man
then ran off in a stooping position when he taw the
police. .or. Cripps rode across to cut off his retreat, and I
rode aer 'el the direction of the man, and on arriving there
I lost fig - him, and was sure he could not fellow his
course Wi• tmy seeing him. I then called for the police
to search t• icld I was in, and they found the prisoner, who
had one shoe on. I directed one of the police constables to
search the field the prisoner was running in, and he found
a shoe, which he said was not his ,• but they appeared to be
matches. previous to this he had denied that he had run
through the field where' the shoe was found. Alter this a
man came up, who said he hail seen the prisoner in the beg-
gard that morning.
Police-Constable Anderson, who found the shoe in the field,
produced it, and also the shoe which was found on the pri-
soner. [They appeared to be perfect matches.] He also
prove d that the prisoner denied that the shoe was hit, and
afterwards admitted it.
Police-constable Shannon deposed to having seen the pri-
soner arrested, and his statement as to the shoes.
Mr. Wm. Wright examined: I had no communication :
with Sir M. Barrington, or any one in the crown office,
until this day. I live in George-street, in this city, next
door to Mr. Fitzgerald. About eight o'clock the evening
before Mr. MU wee murdered, three men came into my
shop and asked where Mr. Fitzgerald lived. The prisoner
was one of the men. They asked for " Mr. Fitzgerald, the
agent, or Ilill, his man."
th
onj theohn Ryan
same examinedt
o w n 1
an d itQlr..anCu.r. r o
In '
re e emme pail amr
then et
:witlualt ins
morning Mr. Hill was killed. The keepers stopped at
murder,. and i
when I was coming in, passim
my place. I went out between ten and eleven o'clock on the
night before the
the style, I met t
Who
asked " the prisoner with a gun
came there," I said, " A friend." Ile thenn his hand. He
Burnett • I saw the
Constable Cane examined by Mr. Be .
said he thought there was some one else there.
d under some straw in the pigstye
place, and found a gun hi
pri-
soner arrested. At two o'clock that day I searched the
i • (The b
(gun produced). It was then bales were here produced),
I, loaded with five balls and a
large charge of powder
know a man named MeNamara. I showed him this gun, and
he said it was his.
, Wm. )].'Samara: I know the Quans; on the night before
the murder James Quan came to me to borrow a gun, and I
lent him the one produced ;it was then loaded with shot;
single and double duck.
he was then dead, and the
hours after Mr. Hill wasshot_ ;
b that he kept his right
Mr. P. G. Barron, RM.: I went to Quan's in about two
prisoner was in custody ;
hand in hise by the muzzle
if mad
a mark in the centre of the paint, es
balls
were given to me
packet. and upon ntakinghim take it out, found
of a gun. (Balls produced.) These
by a soldier of the 41st.
-Private Leary, of the 41st, deposed that he was en duty