The British Press; or, Morning Literary Advertiser.
London, England, 1825-04-04 00:00:00

CORK ASSIZES, MARCH 28.

CATHERINE PARRY v. samesote CARTER.
MARY RRRRR v. SAME.
These cases had excited considerable interest, and a Special a'ary
bad been struck for the purpose of trying them. Only one was
giv.n in charge, but It was agreed between the Counsel and Agents
at each side, that whatever verdict was found in the first should be
entered in the second, the facts and the witnesses to be VEAURDEL:
bring the same.
Mr. F. sl`CaitzuT opened the pleadings. It was an action for
false imprisonment, and the damages were laid at five hundred
pounds.
Mr. GEORGE BENNETT stated the case. The plaintiff was the
daughter of a fanner of some respectability, a tenant of Mi.
IPearthy, son of an eminent Barrister of that name, who practised
in this city, but now deceased. The defendant was well known in
the county of Cork, in which he was Chief Magistrate of Police.
The action was one for what was apparently an act, upon his part,
of simple imprisonment; but when the facts were laid before the
Jury, it would be for them to decide whether it was of an ordinary
character, or one which was to be• satisfied by ordinary damages.
They were all aware of the tragical circumstance of the murder of
the Franks' family. For this deed of atrocity three men of the
name of Cretnen had been convicted and executed, on the evidence
of a person of the name of blagner, an informer. It had been the
wish of every one to bring the perpetrators of that horrid murder
LO light and justice, and Major Carter very creditably exerted him-
self on the occasion. A man of the name of Sheehan was appre-
hended, but he escaped, arid renewed efforts were made for the
purpose of effecting a discovery. At that time Magner, who
had been a servant to the plaintiff's father, and who was on board
the convict ship at Cove, in virtue of a conviction under the In-
atarrection Act, came forward, and volunteered to give evidence
against the persons concerned in the murder, admitting that he
was himself present at, and aiding in it. On his informations the
Cremens were taken up. On the 2d of April, which was the first
day of the Spring Assizes in the last year, the Crernens were in
Gaol, and to be tried for the murder. On the sth, at twelve
o'clock at night, without any intimation whatever, a party of
police proceeded to the plaintiff's house, and rapped at the door.
Barry inquired who was there, and what they wanted? They re..
plied, the police and admission. The Insurrection Act being in
force, the door was immediately opened, and Barry was told
that he and his daughters must proceed at that hour for
Cork. They inquired, very naturally, fur what? but received
no other answer than that they must go. The mother became
alarmed at seeing her husband and daughters thus arrested and
about to be sent off, she knew not where. But all of no avail, the
Police had their instructions, and were inexorable. Accordingly
Barry, the father, and the two daughters, were taken at that hour
of the night, and obliged to proceed on toot from Ballyduff, where
they lived, to Mallow, a distance of between six and seven miles,
under whet lie, the Learned Counsel, alleged and would maintain,
was an illegal imprisonment by Major Carter. On their arrival at
Mallow they were lodged at the house of Sergeant Dag& of the Po-
lite, where they remained for the night in custody, and on the
next morning were put into a covered jingle and sent to Cork, un-
der an escort of mounted Police. They arrived in this populous
city at about ten o'clock in the morning, and were publicly paraded
as prisoners, having as their companion in the vehicle a prisoner
accused of felony. They were taken at once before Major Carter,
examined by him, and the three asked particularly with respect to
Magner.On that occasion they told him that he, Magner, had
been their servant, and that he was at home, in their house, on the
night of the murder of the Franks tinily. The Learned Counsel,
after some further remarks on the treatment of his client, said they
were, at the. outset, illegally arrested, and subsequently kept in
custody for four days, as, atter having been examined by Major
Caner, on their arrival in Cork, they were given in charge to the
Police, with directions that no persons should have any communi-
cation with them. The only pretence for their imprisonment was,
that it was necessary to detaiu his clients as witnesses against the
Cremes.
Witnesses were then smiled to prove the arrest and treatment of
the Barrys ; anti for the defence a number of witnesses were exa-
mined, whose evidence went to show the great difficulty of cons-
peUing persons to appear against prisoners, and negatived the pre.
su minion of the defendant having any malice against the plaintiffs.
The trial lasted two days ; and the Jury gave a verdict foe the
defendant, with costa.