The British Press; or, Morning Literary Advertiser.
London, England, 1822-08-17 00:00:00

MAYO ASSIZES.

Same day, about five o'tlock p.m. the Bon. Indite Burton
Mr. Smjesnt Lrfroy arrived in Cl4lll bar. The latter,
after inspecting the Gaol, proeerded to the County Court,
where the followiog Grand Jury were sworn:—
Dominick Browne, Et.q. M.P. Foreman.
Right Don. D. Browoe, M.P., James Cuff, M.P., Sir Neal
O'Dmiel, Dart. Sir W. Braimgon, Bart. Sir S. 011ailey,
Bart. J. Knox (Cast Wes), Martin Kirwan, Annesley Knox,
George Jackson, Denis Bingham, Dominick Browne, Thos.
Ormsby, S. Lindsey Buck:loll, J. F. Krox, John Gardiner,
Jon. Charles O'Malley, J. E. Shitk a,t 1, T. V. Clendining,
Arthur Knox, Janos Cull; Owen O'Mality, and Bernard
M'Alanus, Esqrs.

TIPPERARY ASSIZES, MONDAY, AUGurt S.
[From at Eklund Papers.]

Job, Horan was tried under Lord Ellenborough's
Act, for stabbing John Rea, with intent to kill or
m iiro.

John Bea sworn.—Knows Prisoner; saw him on
the night of the 24.1 i of January last; Bird the
constable came to the yeomanry barracks and
brought wituess and others to apprehend Prisoner.
The party went to Bellane's house; Brllaue was
not there ; came to Horatt's house, at the hack of
which constable placed witness and John Queue;
it was •bout eleven u'cl'a k at night ; Prisotter CiIIRC
out of the house and Quane seized him; Prisoner
said, 66 Bove, it is not we you want, it is my bro.
titer Bill ;" they brought Prisoner to an house
where there was light; when they came into the
light, Prisoner aid, 6' Now I know ye, and I won't
go any farther," and called out, Billy; Billy !
two of the yeomen, n6-tst me;" he then endeavour.
ad to escape, and John Larkin seized the other
yeoman, and collard him; Prisoner caught hold
of lettii the bayonets; Quane lost his musket ; Pri-
soner seized Queue's bayonet, anti stabbed wit-
ness; witness then cried out lie was killed.
Cross-ex:unmet' by Mr. HAMILTON.— Prisoner
was collared by Quane, and witness hebind him
with a musket; until in the house where the light
was, did Dot produce any authority to keep Pri-
soner ; saw only two yeutneti artnrd ; went to take
him as a deserter ; ►hewed hire do authority ; con-
stable and the party had gone round ; Prisoner,
from the time lie saw witness and Quane, endea-
voured to escape ; 'litre was a struggle still conti-
nued ; it was during the struggle Pitsoner stabbed
witness; witness also stabbed Prisoner across the
breast ; pulled Prisoner down on him ; Prisoner
continued to resist always ; thought it natural any
man should wish to escape from armed into seiz-
ing him at that hour of night, and aliening nu au-
thority.
Jtates Dempster, Esq. sworn.—ls a Magistrate
and Surgeon ; produces Government order to or-
rest Pr:soner ; had looked for Primmer often, and
gone to take him.
Judge Moons here said, the paper produced
was no authority whatever to apprehend any our.

Cross-examined I,y Nlr. LAN IGA No—..is a scutch.
man, • Surgeon, a Physicist', arid a ;
gat the Commission since lost As%izes—and is also
• Lieutenant in the Nenagh yeominry.
-Prisoner's Counsel dal nut think it necessary to
examine any witnesses.

Juege 11loortr., in charging the Jury, explained
the statute ; told the Jury, if a wilful and deli-
berste murder might base been the result of the
stab, that then there would be a capital off, tree
under this Act ; but, if it proceeded from sudden
feelings, such us would make their verdict man-
slaughter if death had ensued, that then under
the statute no crime had been committed ; this
(raid his Lordship) it applicable to all charges
under the statute; but in every transaction, and
particularly in this, the uritive and causes which
had induced the parties professing to act under
should be considered. Ills Lordship then itolisrm-
ed the Jury, that in flit opinion the yeomanry had
no authority to arrest the man ; and that even if
►hey had, toot having &hewn or coinnltliiiested it,
he was warranted to escape; and emphatically re-
marked, that before a man was to tie seised in
the deed hour of the ittglit by armed men, the
power which they hal, and the unthoritirs which
they professed to set under, should be communi-
cated ; and that a red coat arts trot, and much less
was his bayonet or huts musket, ally authority to
deprive any man of his liberty. fits Inreldtip,
after ionic further °list.' venous, cl,•sed bis clooge.
IVlien the issui. was losiided no tire Jnry,•the Pri-
soner cried not, Oh !my Lord and Gentlemen,
they shot my poor fa..lier the same night, mud now
they want to hang me." The Jury instantly 'brought
iso w verdict of Nut (.villy.
Ills Lordship said that the state of Nenagh was
shocking, from the crillision.of these parties, which
were a ilisgrzire to the county ; tlt•tt this same
corps, elyeeinsiny lord hula before hint LW. 11,011.r1, ;
that they louit woutillrd a roan, whose arm was am-
putated by the officer of their own corps, that 'issue
Dr. Detupder who had been resell. ed.

WED!: LSDAY, •UOUST 7.

_ -
Just as business Vial about tu be proceeded on
this inurnicw, 51r. Justice Moore announced the
receipt of a 17-trer, in a legible band, and evidently
wrillen by a priaon of some experience—it was as
follows :--

" Mr. Moons—lf you do nut set aside stl the rp plintions