The British Press; or, Morning Literary Advertiser.
London, England, 1822-08-24 00:00:00

IRELIND.

TRAURR Maim
IRCORD COURT, Avows 10.
PROM (Plan, till• e. lilt non. AND say. lionn
111RAND011.

WO was MI action for slanderous words spoken
die Defendant before a Bench of Magistrates
aptolobied in Trate', ender the insurrection Act,
• awls' the last winter. The libel complained of
• was to this effect—That Francis Twiss (who is a
larr ate) hod disarmed a zealous and good con-
. sad waled a noted leader of insurgent., and
at dosages were laid at 5,000/.
Mr. annum HICKSON opened the pleading.,
mil Mr. O'Conazu. stated the case in his usual
style.
411111:11411.WARD PINIMATIIIti, for the Defeo-
, replied In one of the most luminous speeches
• have heard fora long time, and fraught with
411.1* legal knowledge.
It appeared io evidence that the Defendant re.
aided in the barracks at Castleisland. That due-
l% the disturbances of last winter, several families
saw obliged to take refuge in that town, and some
id them were accommodated with apartments io
f barracks, where several stand of arms had been
pined for solely ; that a nightly guard was held
Saw who pstroled around the hornlike, and that
ler.-Twins employed the Baronial Constables for
`dad purpose; that during the day their arms were
"posted in the barrack, and that at eight they
woos 'applied with long muskets sod bayonets, as
yams airiest than their carbines • that upon one
ameision Mr. Robert Twig, the brother of Plain-
ts& sad who is alto a Magistrate, took one of
Owe carbines to protect himself in his return to his
1111110 e, three miles from Castleisland, and neglected
to restore it for some days. It appeared also that
tie Defendant knew **thing of this circa.---^

at the time, as the carbine was taken out of ao
apartment occupied by Dr. Luby. It further ap-
peared, that in August lost, and when no disturb-
owes existed in the county, the Defendant lent a
gdo for the purpose of sporting to a person of the
name of Connell, who lives in the neighbourhood
of Brows, on the borders of the county Limerick,
nod who was • person of good character and a
wealthy farmer at that time, although subsequently
bad been suspected of having connected himself
with the insurgents, and that Defendant had made
several ineffectual attempts to recover the gun. It
speared alio by the evidence of John Bateman,
EN. that about Christ/ow last Lord Brandon de-
clared in his presence at Castleisland, that he had
the utmost confidence in the two Messrs. Twig.. as
Magistrates of that neighbourhood, in assisting him
to preserve the peace. The Counsel for Plaintiff
urged that the Noble Defendant had maliciously
inverted the order of thew transactions, and had
represented the lending of the gun to Connell, and
the taking of the constable's arms. be Plaintiff, in
his report to the Bench of Justices, with the intent
to excite in their minds and in the public opinion
a persuasion that Plaiutiff bad disarmed a good
and zealous coestable for the purpose of arming a
netted leader of insurgent., sod thereby to exhibit
Plaintiff as a person unfit to bold the Commission
of the Peace.
Here the case for Plaintiff closed.
Foe the defence it appeared that Lord Brogans
had obtained two civil bill decrees against Plaiolif
for a balance at font of a long and heavy account of
tithes, held by Plaintiff from the Nohle Lord ;
that the person named io one of those decrees had
represented to him (Lord Brandon) that Plaintiff
hod threatened to shoot him or any other man who
would attempt to execute such decree. and that he
carried pistols for that purpose; that Lord Brandon
communicated with Mr. P. Chute. • neighbouring
Magi/Mate, on the subject, sod called upon him to
require Plaintiff to enter into recognisance. to keep
the peace with this Bailiff, which Mr. Twiss refused
to do, repeating his declaration that he carried pis-
tols for his protection, that the Noble Defendant
fall it his duty to complain to the Bench of Magi-
aides then assembled in Tmlee, of so great an of-
fence against the laws no part of one of their own
body, and upon that occasion the Defendant stated.
as a further cause of complaint against Plaintiff,
sod a reason to induce their investigation. that
the Plaintiff had taken away the arms of a good
sod zealous constable. and had armed a Doted
kolet of insurgents. Counsel argued, that in
mating this circumstance the Defendant was not
actuated by malice or ill-will towards Plaintiff, but
merely was discharging his duty as a Magistrate,
sod shot he cousidered the Bench of Magistrates as
tbe proper tribunal before whom such complaint
wee cognizable.
The Learned Serjeant (Toartaits) before whom
tb. Record was heard, summed up the evidence,
sad is a clear and perspicuous charge to the Jury,
explained the law of libel. and the application of
that law to the present action.
The Jury retired for about two hours. and
brought io a verdict fur the Plaintiff of 40s. de-
/lieges, and 6d. costs.

ARK CITY CRIMINAL COURT, FRIDAT, Aveurr 11.

HIGHWAY ROBBRRY.

Jew& Corbett and Daniel Burke were given in
charge for having, on the night of the 4th of July
last, feloniously attacked William Fountain Hen-
dle Esq. and taken from his person • gold watch
and other property. These were two of the per-
sists who formed the gang that lately committed
N many robberies in the neighbourhood of this
nty.
William Fountain Hendle, Esq. being sworn,
deposed, that having dined with Captain Stephen-
ma on the 3d of last month, he was reit/roma
in company with • gentleman of the name of
Brandon, between the hours of twelve and vine
o'clock of the morning of the 4th, and when they
aline near to the Wellington-road, they were
Mopped by four or five men, who came out of a
door-way wbich led to a held. Oue of the men
seized witness by the collar, whilst another put a
pistol to his breast, at the name time telling him to
give up whatever money he had, or else lie would
be shot ; this was said by the man who presented
the pistol; Witness stretched out his arms, and
grid, they were welcome to take whatever money he
hard, for he•should make no resistance. The man
who presented the pistol seized and took his watch,
whilst soother put his hands in witness's pocket, and

yet he did not find alum of M. which witness then
hod about him. The other pert of the Essig st-
eadied witness's companion, from whom they took
two watches, end s pocket-book, and a note for
30s. Witness could not speak positively as to
whether either of the Prisoners was of the gang.
'They were not disguised, bat appeared to have
darkened faces; the transaction occurred within
about half a mile of the town.
Daniel Ahern, an app , wits the next witness
examined for the prosecution He was a tall, ath-
letic, powerful man. He said.that he remembered
the beginning of last July, when then in company
with the prisoners whom he identified; they went
together up to the Wellington-road ; it must have
been after 10 o'clock at night when they went
there, for, where he was then employed, he did not
leave off work until that hour; after going to the
road they remained there about ■ couple of hours,
and at first went inside a ditch; one of the party
said, that if any gentleman approached who had
arms, he may shoot them whilst they would be
coming out of the field. 01) this they came a little
further down the road, and started a door which
led into • field, where they remained until they saw
two gentlemen come by, whom they stopped, and
having presented pistols to their breast*, desired the
gentlemen to deliver their money. Witness then
detailed the particulars of the robbery as stated by
Captain Hendle. After robbing those gentlemen,
the gang went towards the New Barrack. and from.
thence to the Water Course. They there met or
saw Mr. Lane, the peace office-, whom the others
wanted to rob of his arms, knowing that he had
some shout him, but witness objected to their doing
so, lest Mr. L. would know him. The party then
went behind Lady's Well, to wait the coming up of
three gentlemen, whom they had reason to suppose
would peso that way. In this, however, they were
disappointed, and witness went horse, as the watch.
man had directions to call him at five o'clock in the
morning. Witness got a gold watch, but did not
keep ►t, as the spoil was not shared. He left the
other watches with the Corbetta at their house.
The gang consisted of the two Corbett• (brothers),
Burke, sod the witness.
The cross•exsmination of this witness by Mr.
O'Coattau, developed not only the character of
the miscreant himself, but the numerous scenes of
riot and robbery in which he had been concerned.
The object of Counsel w•a to discredit his testi-
mony, by showing what kind of life he had led,
and in what crimes he had been implicated. In
this he was quite successful; but other coirobora-
tive evidence was adduced in the persons of Mr.
Hewson, High Constable, and Mr. Lane, •ti active
peace officer, who found at Corbett's apartments,
where Burke was at the time, not only the property
of the Prosecutor, and of the other Gentleman who
was with him when the robbery was committed, but
the watches, chains, seals, &c. which had been taken
from several other persons who bad been plundered
by the gang.
Corbett produced Colonel Beare, and Mr. John
Lee, steward of Lord Shannon, to give him a charac-
ter. He had served under the former in the Cork
militia, up to the time it was disembodied. and be-
haved very well. and was known by the latter as a
very well-conducted man up to 11112, but after that
time his knowledge of him ceased. Coloi,el Beare
added, that he had often since employed him as •
mason.
Mr. Richard Barrett and Mr. Florence M'Car-
thy spoke favourably of the character of Burke
fur several years they had known him, and never
heard soy thing against him till this charge.
The case having closed on both aides, and the
Learned Judge having charged the Jury at great
length, they retired for two hours, at the end of
which they returned a verdict of Guilty against
both the Prisoners, accompanied wills a recommen-
dation of mercy.
After a short pause, Serjeant TORUN! asked
them what was the ground of their recommenda-
tion? The Ju►y replied, the Prisoners' previous
good character.
The Serjeant inquired whether they had any'
doubt of the guilt of the Prisoners ? for if they
had entertained any such doubt, they ought to
Lave given them the benefit of it in considering
their verdict.

The Jury said they had no doubt of the Pri.
saner.' guilt, but took the liberty of recommend-
ing them to mercy, on the score of their previous
good character. and of the desperate character of
Ahern, the chief prosecutor.
Serjeant Tolima wished distinctly to•under.
stand whst the-period was to which they meant to
apply the question of good character. and whether
their recommendation extended to both the Prison-
ers ? The Jury replied, that it did apply to both,
but they were silent as to the first part of the in-
quiry.
The Prisoners were then brought up for judg-
ment. and upon being arraigned, Burke wept and
sobbed fur some time, but Corbett stood at the bar
unmoved.
The Learned JUDGE then proceeded in the most
awful and affecting manner to pass sentence on these
unhappy men. Addressing them by their names.
his Lordship amid, they had been tried by • Jury of
their country. who after • patient and laborious in-
vestigation of their case, returned • verdict of guilty
on the evidence that appeared before them. The
Prisoners had been found guilty of • crime to
which the wisdom of our laws annexed. and wisely
annexed, the penalty of death ; and it was his
Lordship's duty. as the organ of the law, to pro.
nouoce upon them that sentence which the law affix-
ed to their crime. Of their guilt. he did not appre- •
bend that asiugle person who had heard the trial. and
weighed the evidence. could feel the slightest
doubt. They had been convicted for having,
with certain of their associates, assembled on the
King's highway, and committed a highway robbery.
And he mentioned the circumstance of their having
associates In crime the more particularly that they,
sod all others who joined in such associations,
should know, that the connexion of the guilty with
each other would be ever found to be short Dud un-
certain. Their trial afforded another instance,
among the many that had already appeared during
this Assizes. that crime would be brought home to
those who formed illegal associations. sod their
guilt puniahed. by means of the testimony of those
who were at one period some or other of their own
accomplices. He would, therefore. wish to impress
on those who were connected with such associations,
that they would one day be betrayed by members

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