The Express.
London, England, 1858-03-18 00:00:00

TEE EXPRESS, THURSDAY EVENING, MARCH 18, 1858.

IE3 RUDER OF MR. ILLA-CONYICTION
OF TNI PRISONER&

At the Tipperary Assizes, at Nenagh, on Tuesday,
the second trial ~f W,u. Connect, upon whose case the jury
dimwitted, end the trel of lus brother, Duna Cormack, for
lb* 'nyder of Mr. Ellis, were concluded. Oa this sad the pre.
Moos day, when the trial commenced, the court was crowded
to near.

The Right Hun. the Attorney General and Meagre. George,
QC., H. O'Hara, J. F. Waller, and H. W. Lover prose-
aged as counsel for the crown; and Mears. Rollestone,
Q.C., and E. Johnstone defended the prisoners.
The Attorney-General stated the facts of the case. Mr.
Ellie wee acting as steward and manager for Mr. Treat, of
Doves, • gentleman of large fortune, and it was his habit
to Igo to Dublin by railway on Wednesday, sad return
co Thursday by the train that arrived at Teraplemore at 11
eelock at night, • servant lad, Rained Thomas Burke,
driving him home to his residence, Kibosh House. The rood
IMO a high-road for part of the diatom" but it them bused
off at one which was not much frequented, and at • short dis-
tance in the latter them wee • sharp turn, the scene d the
murder selected with devilish ingenuity for its commission.
At one aide, the left, there was a high bank and • dyke of
water, which necessarily obliged the driver to approach close
to the right Mind aide, at which wee • sally tenoe and a
whitethorn hedge, and the driver who eat at the right hand
aids was so dose to the bush that the muzzle of the gun by
which Mr. Ellis was killed was not within more than seven
feet from the victim, although he was at the left side of the car.
On the morning of the murder both Daniel and William Cor-
meek spoke to the informer, Timothy Spillane, and asked him
to assist in the commission of the crime, and according to the
promise which be made he went to their house at half-past
seven in the evening. The fact that he was there that evening
was established by independent testimony of the utmost value.
The boy who drove for Mr. Ellis to Templemore had been
in the Cormacks' howse that even ,isg• he left to go to Ka-
rash House, and having been desired by Mrs. Ellis he har-
nessed the horse, and went with the car to Templemore
semen; this was • quarter after nine o'clock at night, and
having to pan the Commas' home, which was only a quar-
ter of • mile front Kilrush, he called in there for a few mo-
ments to light his pipe. He was asked by one of the prison-
ers if he was going for Mr. Ellis, and he answered that ho
was. A man named Callaghan lived in • room of Cormack's
house, and when he was leaving the apartment in which the
card playing was going on, Daniel Cormack gave • wink to
Spillane, the informer, which he understood, and he left the
house. He remained outside for • few minutes, when Daniel
oars out for bleu, and having contrived to take off his shoes
leant Callaghan should hear any noire, he did so, and went
into the room by the kitchen, where Kitty Cormack,
the prisoner's sister, gave him and Daniel bread
and whialc7. There was • gun there, hid under
the bed, which was handed out through the window to Wil-
liam Cormack, and the prisoners and Spillane then proceeded to
the scene of the murder, where they were to lie in wait for
their victim. The Attorney-General then recapitulated with
great clearness the bets which were adverted to on the former
trial the putting of bushes across the road to stop the
horse—the situation of William Cormack behind the white
thorn Mash, while the other two listened at the other side for
the noise of the car, which when they heard approaching,
they stood in • line behind Wm. Cormack, Spillane, the ap-
prover, being next to him. When the car reached the fatal
mot, at nearly 12 o'clock, the horse stopped of himself by
reason of the obstruction on the road, and Mr. Ellis asked
what was that. Burke, the driver, at this instant seeing the
prisoners and Spillane, and the gun nearly touching him
through the hedge, jumped off, and the moment he did so
the shot was fired, and Mr. Ellis fell dead, the wounds
being so severe, that an arm could be thrust through
from the back to the front of the chest. The
Attorney-General then gravely adverted to the other
singular testimony in the case—to the fact that William
Commit was one of the jurors who eat on the inquest—that
he praised Burke, the driver, for preserving Mience as to
what he knew, and that when an alarm was given on the
night of the murder he refused to get up, sod said, "Go to
the devil," when asked to render any assistance. Timothy
Spillane, the approver, proved the facts adverted to by the
counsel for the crown, and all the circumstances of she
' :murder. That be and the prisoners let, the house of the'
latter between tat and eleven o'clock; that William was
armed with • gun, Daniel with a bayonet, and he himee'l ,
with • wattle, and it was William who fired the gun, after
which they all nu: away, Daniel however not going home
ofthen, bat proceeding to Brutes, to hide the gun in a cock
boy.
Tits approver, who was arcee-ezamtnad by Mr. Johnstone,
stated that be was 17 or 18 years of age. He went to mass
but seldom. I was not sorry to ge and shoot Mr. Ellis. I
had no grades to lasi. I was at my prayers on Saturday
night last.
Did you pray for poor Mr. Ellis 2—l did not. I prayed for
nothing. I prayed for myself and for nobody else. I prayed
fur God to give me pace to pus my enemies. I would not
have committed any murder except to pines the Cormacks.
I di,' not murder Mr. Ellis, I only west with them.
Would you have murdered as many as they asked you?—l
would.

Would you have murdered miP—l would, if you did any-
thin; to me.
it hen you raw the deed body of Yr. Ellie did you glory In
the deed P—l did.
Did you put your hand upon it P—No, I would not put my
head on it, for I was afraid it would throw up blood, and
then I would have been taken by the pike.
If the Cortuacka had sot beet arrested, would you have
joined them in other murders would. Ido not want to
hang the Cormacka now, but only to tall the truth and save
myself. I never heard of a reward. I war shedding tears
lately because I war thinking of my father, and if I had
stayta with him and not with the Cormacks I would not be
here now.

Thome Burke, the servant boy of Mr. Ellis, proved, es
had, the parties in tormack's bones on the evening
the murder ; that be himself went back to Kilruati-house,
mad then proceeded at 20 minutes after 9 with the horse and
eer to Templemore, calling at the prisoners' to light his pipe,
and he wev then &eked by Daniel Corms& if he was going
far" him," Ls., Mr. Ellis, to which he replied that he wee.
About live weeks before the murder he was in a cowshed, sad
it not being the piece for him to be in at the time the witness
hid when he saw Mr. Ellie pawing through. Daniel Coy-
' meek, who was there, said to witness, "You seem to be In
dread of him, but I will be the end of him. About a fort-
night b. fore the murder Daniel Corms& asked witness If be
had sun Mr. Ellis in company with hie sister, for that If he
had made Kitty a w—, las would have been the death of
him his replied he never had. On the 22ad of October
William Cormack asked him if his muter was to come home
from Dublin that night, and he replied that he did not
know, which was the troth. Daniel Commack had oantlemed
witness Wore this that he had no wish to shoot him, and
therefore he would put • stoppage on the raid so that he
might get off the reed ; but if he let the ground under him
know what was aid, there were three men who knew of it
as well es the prisoner Daniel, who would be the death of
him.

The witness Thomas Bathe proved that having met his
muter, he drove him to the scut* of the murder, and the
horse having stcpped at the bushes on the road, he (Burke),
who was only a loot or so from the hedge, saw William Cor-
ms& standing behind it with a grUtl, Spillane behind him,
sad 1). Conned in the rear. He jumped down, end the next
Imam the shot was tired, sod Mr. Ellis fell off the ear dead.
Burke stated that he then drove off as fast as he could to
immoral houses, and also to the police to give the i
Hs passed the prisoner's house, but would not go in there.
He att. nded the inquest neat day, and William Cmmack,
the !prisoner, was one of the jurors. Witness was afraid,
and denied he had been in Cormeck's house that might, or
had sees any one at the hedge; widener the inquest William
maid to him he had dote well in not giving any psti.faction
to the ekelkers from Thurlee, who were worse than the OM.'
O. rate or the coroner.

On re-exerainatton he said he nem 'poke a wont to Spil-
lane since the murder.

Coutsble Douglas proved finding pellets wheel !missed
through the body of the deceased of a peculiar kind ; and
Head-coutable Barry Nand in the forge of a man named
Maher a punch which exactly corresponded with the pellets.
Andrew Cormw k deposed that after the murder Daniel
Molter said to Spillane at the prisoner's house that he was
said to to the person who toilet Ellis; when William
Cormuk tripled, I think whoever shot him had more
courage than Tom Spillane," and that he knew bushes were
put on the mad in order that the driver might alight.
Corrobcrative evidence in support of the approver and of
Berke was given by the persons who hod been in the pri-
soner's house on the :tight of the murder; and John Col-
When, a very important witness, deposed that between ten
and eleven o'clock at night he went to the kitchen of the
prisoner's, and raw both of them there, and no one else; that
when he went back to his room the candle was quenched in
the kitchen, and he afterwards heard steps coming to the
door; it was opened, and he heard feet going out afterwards.
The principal other testimony consisted of that of Richard
Coghlan, who went to alarm the prisoners, and inform them
that Mr. El le was killed. He was answered by William,
who nitwit to go mit and assist, adding, 0.) to the devil ;
Is be killed ;" and Mr. Sadleir, the keeper of the brides-011,
deposed to hearing the pi isoner speaking from different erne
the day Callaghan was brought in es a poisoner; that NS il-
liam Cormick asked if be bad been examined, and was told
by Den that he denied everything; that William then ob.
served, Tell him for his life that I was not drunk that
sight, and for his life not to say we went out that night."

Mr. HAI, stone, Q.C., addree.e4 the jory in a very able
manner, and submitted that there was no suKciest teedniony
upon whit h to act ; that they could not hang a dog upon the
swearict of the miscreant Spillane; that Ilurke' having
sworn Wetly at the Inquest, how was it possibleto may he
was sow trills( the truth; that his previous knowledge
canatituted him a guilty versos, like an accomplice, and
therefore be held that Spillane requited to be corroborated.
C-atuteel denounced the practice of eavesdropping by gaolers,
and that the words which fell front the rummer misLt not
hare been correctly remembered, and were capable of a re./
lanocent construction.
Sally Spillman and Mary Callaghan were then exam'ned, to
prove that the rite:niers could sot hare left the house at the
period when Mr. Ellis was murdered.
The jury retired at nine o'clock, and its Italf.an-h .or
rs-
laud with a verdict of Gasify, sod a recomoienclatnn to
semey.
The prisoners wore sentenced by Judge Keogh to be exe-
cuted on the Ilth of May next. hte lordship intimating that
their kite in this world was sealed.
The prisoners said they were as Innccent as the child un-
bars the night beton.
Hu Lordship impressed his regret at hearing such a
statement, as there could not he e shadow of doubt as to the r

of suits of clothes then suite in Chancery. The other two
oases were sni!ar in character.

Mr. Payne, after observing that the witnesses were pro-
perly named " Green," having allowed themselves to be
duped in so easy a manner, said be should rely in one in-
stance upon an alibi, and in the others upon the question of
identity, as the witnesses might be mistaken, the prisoner
being a stranger.
The prisoner's mother, and a dressmaker who worked for
her, gave evidenoe to prove an alibi in respect of one of
the drys, swearing that at the time at which it had been de-
poeed that he was at the Be tend he was in Southwark.
They flatly contradicted each other on the most important
points on which their evidence was tested, and the jury,
without hearing the counsel in reply, found the prisoner
-

The' Assistant Judge gave directions for the two women
to be detained until the rising of the court, when, after •
severe admonition, they were discharged.
Mr. Payne said the prisoner's mother bad six children,
which might be a circumstance in favour of no proceedings
being taken against her.
A policeman stated that the prisoner bad been twice con-
victed ; which, however, was denied.
The prisoner was sentenced to 18 months' bard labour.
dleranar Brett Roberta, a respectable-looking man, wear-
ing the Crimean medal, was indicted for having stolen • pint-
and-a-half of wine, the property of the London Dock Com-
pany. He surrendered.
Mr. Tindal Atkinson appeared for the prosecution ; Mr.
Pearce for the prisoner.
The ease rested mainly upon the evidence of • person em-
ployed In the docks as an occasional watcher, who admitted
that be bed had some angrr words with the prisoner. The
latter had been in the forma of the dock company a good
many pen, and for his good conduct was selected to go out
to the Crimea to take charge of stores.
A /adman who had the eumintendence of the storm
said the prisoner was so particular) honest and sober in the
Crimea, that he wee promoted to • foremanship, and received
the model, which was an exceptional case.
Mr. Peeve addremed the jury, urg•ng that upon such
evidence oaaviction was impossible, and they dequitted the
Muria Bnitplan and Emma Skit were indicted for steal-
ing 113 yards of silk, the property of Edwin Garrould,
linendraper, in the Edgware-road.
Mr. Hawthorne was for the prosecution ; Mr. P. H. Lewis
for the prisoners.
This was an ordinary ease of shoplifting ; the prisoners
were detected in the act and given into custody. Witnesses to
character were examined.

TiSTary-found them briny, and they were sentenced to
four mouths' hard labour each.
Jane ✓sna, convicted of two robberies at the Great Western
terminus at Paddington, was brought up and sentenced to 18
months' hard labour.

Emma D44rant, 38, pleaded guilty to • charge of having
stolen a malachite seal, the property of James Rennie Swin-
ton, her master, and a court dress, value 201., the property of
Archibalaampbell Swinton.
The Assistant-Judge said it was a very bad ease of larceny
by a servant, and sentenced the prisoner to 12 months' hard
labour.

(Before Mr. Creasy.)
THE 031E1E19 CAGE.

Henry Olete' the omnibus conductor, who was put upon
his trial at the last melons at Clerkenwell for being con-
cerned, with a woman named Smith now under sentence of
penal servitude, la robbing a lady of her purse, containing a
1001. note, in his omnibus, surrendered this morning par-
suant to his recognizance'.
It will be remembered that the case sought to be:established
against the prisoner was that he knew that the woman
Smith and her companion, a female named Lewis, were in
the habit of riding in omnibuses for the purpose of picking
the pockets of passengers, and that he aided, in this parti-
cular instance, the convict Smith, by stopping the vehicle,
upon her informing him by a signal that she had effected the
robbery, and letting her gothsarchaithlrying the fare. On the
former trial the jury were without a verdict, being
quite unable to agree, consequently he was now put on his
trW before another jury, who, after an able review of the
whole case by his counse and a most careful summing up
by the learned judge, agreed to a verdict of Not Guilty, and
the prisoner was immediately discharged.
Mr. Metcalfe and Mr. Sleigh, instructed by Mr. Beard,
were for the prosecution. Mr. Cooper and Mr. F. li. Lewis
were counsel for the prisoner on the former occasion. On
the present Mr. Lewis alone conducted the defence, Mr.
Cooper being absent.

done for eighteen months in the immediate locality, It would
be difficult to believe that she did not know every one of the
phase raked for. Besides, when informed they went in the
contrary direction.
Mr. Metcalfe did not attach much importance to this.
Besides, the proaecutrix may have been mistaken.
Mr. Henry—Her statement wee not denied by either of the
prisoners. 1 hen there is the filet of his having whistled to
some one before turning into a dark by-street.
Mr. Metcalfe—l whistle myself ooneionally in the street,
but I suppuse I must abandon the practice. There was a cab
stand at the corner of the street, and the whistling may have
come from there.

Mr. Henry—l really could not say that the prisoner left
the dock without a reproach upon hk character and there-
fore it is better that the case should go before a jury.
Mr. Metcalfe—ln that case we should prefer his going for
trial. The suspicion would be fatal to him. I will call a
witness, however, to speak to his character.
Mr. W. G. Pullinger chief cashier at the Union Bank of
London (head establishment) said—The prisoner is a clerk
at our bank, and has been with us upwards of two years.
His father is • Deputy of one of the wards (the Tower), and the
architect of our bank. The prisoner is very rular in his
habits and bears an excellent character. I think it very
likely that he knows scarcely anything of the West-end.
Mr. Hill tells me that he proposed a game of billiards with
the prisoner's brother and a friend, and just to pacify the
wife, said to the prisoner, ‘. Here, William, you just take my
wife out fora bit of a stroll." What followed appears to
me all natural enough.
Mr. Hill, stepping forward, said, I know that William
Aitchison is ignorant of the loadity. My wife knows the
places, but not the names of the streets.
Mr. Htnry—Most people oak the way to a place with the
view of going to it. The prisoner asks the way to several
places, not wishing to go to either. Then, why did he ask
so many questions if not to engage the prosecutrix ? The
case must go for trial, but I will accept bail—two sureties of
601. each, beside their own recogniranoes.
The prisoners were then committed for trial, the male
prisoner's father and Mr. Hill being sooepted am ball for the
women.