The Express.
London, England, 1848-01-31 00:00:00

Sloane pr.med that Madden died from the effects of a gun-
shot.
. _

Mr. M. Ryan, resident magistrate : I went to see Madden
after be was shot, on the same day, and found him ly' is
an out-house. The first word he said was, Ah, sir, *ay
have done my job at lest." He also said he did not expect
to recover, that he wee almost off. He was perfectly in hie
senses at the time. He told me the priest had been with
him. I reduced to writing the statement he then made.
lie said, " I hope you'll have an eye to my bit of ground,
and have it settled on my eldest son." I took the statement
from his own lips. He wrote the document now produced
as his dying declaration, in presence of constable Herne;
and Sir Charles O'Donnell, who accompanied the troops
there.
Sir Charles O'Donnell deposed that he was in command
of the troops in the district, and that he heard the declara-
tion read to the deceased by Mr. Ryan. The deceased
assented to the statement as it wan read, especially to that
part of it that related to Henry Cody having tired the shot
that inflicted the wound.
The clerk of the crown then read the " dying declara-
tion" of the deceased. After stating that he had settled his
affairs and received the rites of his church to prepare hies
for appearing before his God, where he soon expected to
be, the document set ;forth that Henry Cody was the
person who fired the shot that wounded him, and that two
other shots were fired at him, by Philip Cody, of Bober-
more, and a strange man whom he took to be Ned Kelly,
of Kdeash.
In his cross-examination by Mr. R 'Heston, Mr. Ryan
stated that deceased had been once accused rat stealing a gun,
but was not prosecuted because he gave information against
those who had been concerned with him iu the offence.
Sub-constable Flanagan deposed that he arrested the
prisoner, Henry Cody, on the 11th of September. Witness
saw him running from the wood with a gun in his hand,
and, when witness came up near him, he snapped a gun at
him (witness), and was raising the cock again when witness
knocked him down. The} both fell together, and Cody got
up and ran off again. Witness caught him going over a
ditch, and, in the course of the struggle they had there, the
prisoner wrested a pistol out of his hand and fired at him.
Witness pushed up the pistol, and the shot pseud over his
►ead. After that witness mom the pistol from him and
knocked him down, and kept him until the other policeman
came up. It was a rifle the prisoner carried, and it was
losdled with powder only. There were a powder horn and
shot bag sod nine balls found on his person. Alter be was
arrested he said the only thing he was sorry for was that he
had not shot witness.
Constable Nash deposed that the second prisoner, Philip
Cody, was arrested in a corn field near his own house, where
he was reaping, on the 24th August.
The case for the prosecution closed here; and Mr. Rolle*.
ton, in addressing the jury for the defence, pointed out how
dangerous it would he to convict men upon the evidence
supplied by a dying declaration.
The Solicitor-General having replied, the Chief Baron
charged the jury, who retired, and in about twenty minutes
'Cued the prisoners Guilty—Henry Cody of the murder, and
Philip Cody of having aided and 'aided in it. The younger
man received the dreadful announcement with much firm-
ness ; but it seemed to have considerable effect on the other
prisoner, whose countenance and manner exhibited the an-
guish he felt at the moment. Sentence was deferred.
ROBBERY.—LOADED Fine ARMS IN COl:RT.—Timothy
Hogan, Michael Whelan, and Pat Coonan, all young men,
were indicted for having entered the house of William
Hackett, at Derrinvoldn, on the 26th of November, and
rotrbed it of to veral articles of wearing apparel.—The prose-
cutor and his mother dep sod to the fact of the robbery by
three armed men, but could not identify the prisotier.—Sub-
constable Sullivan swore that he arrested the prieenere
on
the night in question, three miles from the prosecutor's
house, Hogan in a stable, where some of the articles stolen,
with a gun and three pistols, were found. A man named
Keane was also arrested on the occasion.—ln reply to the
court, the witness said that the arms were loaded when he
get them, and that people said the gun was taken from Mr.
Little on the night he was shot.—Mr. Scott: Are
the arms loaded now I—Witness : They arc sir.—
Mr. Scott: Well, take care, sir; you ought not to be
throwing them about in that way. (Laughter.)—Mr. Relies-
ton: Take care, you might shoot the law officers. (Laugh-
ter.)—Chief Justice : It is very improper to bring the arms
loaded into court. What is the use of that I—Martin Keane
(an approver) deposed that he was one of the warty who
went to the prosecutor's house. Tins Hagan told him that
he knew where there was a case of pistols, and asked witness
to go with himself and the other prieoners to the prosecutor's.
Witness had the large pistol produced. Hogan had a single
. and a double-barrelled pistol, and Whelan a gun. When
they went to the house Hogan demanded a case of pistols,
but they dd not get them. They then took the clothes.—
To Mr. Rolleeton : I was at the robbery of Wart, the pay
chat, and got 71. of the money. I was also engaged in the
robbery of arms, but I never fired at a man.—The prisoners
were found Guilty.—The prisoners were sentenced to seven
years' transportation.