Northern Times.
Liverpool, Merseyside, England, 1857-08-01 00:00:00

TIPPERARY CIRCITIT.--7NEruall, JULY, 27.

AGGRAVATED ASSAULT —AN ATTORNEY SENTENCED TO
Two YEARS'IMPRISONMZNT WITH BARD lABOUR.—Rowan
Patrick Cashell, Esq , William Edmun, and David Hayes,
were indicted for an assault on Denis Brien, in the town of
Nenagh, on the .sth of July, instant, with inteneto do him
bodily harm. Mr. Cashell is a gentleman of respectable
position in the town of Nenagh, and several of those who
were called on the jury objected to serve, in consequence of
being personal friends of his. Mr. George, Q.C., stated
the case, and expressed his regret that it was his duty to
prosecute for SO grave an offence a person of the respecta-
bility and station of Mr. Ci.shell,an attorney known to many
in the county. It was a duty however, which should be
discharged, and the law knew no distinction of
persons. Counsel then proceeded to refer to the facts
which arose out of a claim to a small house in Nenagh,
of which the prosecutor got possession under a decree
from the Assistant-Barrister. It had been set by Mr.
Cashell, pending the redemption, to one of the other
prisoners, and on the 6th of July last all the prisoners
entered the house, beat and ill-treated the prosecutor,
dislocated his leg, and fractured his ribs, from the conse-
quences of which he was still suffering. The prosecutor
was carried in, a helpless old min, and his appearance
created a deep sensation in a crowded court. He stated
that he had been in possession of a small house in Nenagh,
of which Mr. Cashell claimed to be owner, and having
paid £7, and £2 odd costs, he was on the 26th of June
put back into posses-ion ; on the 61 of July the three
prisoners came to Ifs house, and by orders of Mr. Cashell
proceeded to attack him and drag him out ; he was
taken by the throat, knocked down by the Hayeses
and leaped upon, and he then lost his senses until he
found himself lying in the channel with his leg dislocated.
Several witnesses baring been examined, Mr. Johnstone
addressed the jury for the prisoners, arguing that the
prosecutor was hurt by a fall over his doorway as he came
out. Witnesses for the defence were then examined ; and
His lordship charged the jury, who convicted the prisoner
of an assault with intent to do the prosecutor grievous
bodily harm. Mr. Johnstone applied to his lordship to
impose a Ene instead of sentencing Mr. Cashell to impri-
sonment, as he had lately suffered an attack of paralysis,
and his medical advisers were of opinion that his life
plight be endangered by imprisonment. His lordship said

hat any case of that kind should be made to the Executive.
He then proceeded to pass sentence on the prisoners.
He said that, if the counsel for the crown felt that they
had a painful duty to perform, he was not less so in
being obliged to pass sentence on a gentleman of the
position of one of the prisoners, a member of the pro-
fession of solicitors—a profession which no one entertained
a higher respect for than he did, He was glad the jury
had acquitted the prisoners of an assault, endangering life.
If they had been convicted of that offence, he would have
no alternative but to sentence them all to penal servitude,
and the shortest period of penal servitude he could have
inflicted would have been three years. His lordship then
observed upon the perfect equality of all men before the
law. When men violated the law and were convicted
of crime, no distinction could be made in favour of the
rich or the educated. On the contrary, he regretted that
he was obliged in this case to draw a distinction between
Mr, Cashell, who was the instigator of this offence, and
the men who acted under his direction, and that should be
in favour of the latter. Tne sentence of the court was,
that Rowan Cashell should be imprisoned for two years
and kept to hard labour, and that the other prisoners be
imprisoned for twelve calendar months and kept to hard
labour. The prisoners were then removed.