The British Press; or, Morning Literary Advertiser.
London, England, 1818-03-20 00:00:00

WATERFORD ASSIZL.S.

COUNtY 'COURT, SIAUCIII 14.
nooses Hearn, for the murder of Richard
Brawn, at Curribatlinclea, elm the ifith of Decem-
ber—Gtrilry of Measterghter—To be kneed in
the limiest, wed iesprisomed three moths.
• INTERPITING
Patrick Morrissy, James Tobin, and William
Leary, fir burglary aud robbery in the tumor of
Benjamin Bbrton Johnson. of Spniighill, Esq.
1-(formerly Captain in the W•terforil Alilitia, and
Paymaster), on the night of the 23.1 of September.
and &Firing at Mr. Jainism), with iment to amino
Und'kill NM, were given in charge to the Jury.
Benjamin Burton Johnson. sworn.
IG:embed by Mr. BU ES.
tivetat Springhill • a party of men came to his
house on the e3d September last, between eight
and nine o'clot'k, he was in the parlour with his
wife and daughters, sod the Rev. Mr. Stirridgr ;
it Was a fine moon-light night ; Mrs. J. was playing
'cards with the company. and mpsested witoess to
loW her cards 'for a moniesit ; she opened the
window shatters, and cried out, ‘• Oh, my God !"
Witness oiled what was the matter, and having
opened the window, saw • email low man under the
window within two feet sisal a half ; saw him dig.
linctly, but so muffled he could hot identify him.
Tobin and Leary were of the toady, but neither woo
the man under the window ; the low soon presented
• blisiderbuss, witness called for pistols (we
understood there was no ammunition in the
house); the blast/terbium was fired ut witness; owe
boil wounded witness its the forehead, one in the
middle linger of the right baud, anti three in the
cheat. Witness cried out. eeeee rderous vil-
lains, you hare root killed see yet." A thick man,
not here, fired horn a short gust; Leary fired a
pistol ; not wuuuded be these t w.t shots. Retreated
to bed mouse with wife, daughters, and Rev. Mr.
Berridge ; opened large window of beil-roam. The
party then fired nine shots. Saw Tobin from below
and from above; night so bright, that he 'could
away hunt. periono.; never had men soy of the party
before; clawed five of them ; they entered the
house by the windows; 33 panes of glass were
broken ; witness was confined to his bed for four
days. When the first shot was fired. the parlour
dew was open. afterwards it fell down, when. wit-
ness* left it ; the family locked themselves 41 the
bed-room; the party endeavoured to get into the
room ; the party remained i.e 11w house about 45
minutes ; the roost window is oboist seine feet from
the ground. The Res. Mr. Sarridage leaped out
of the window and ran away, but was brought bit, k
under the window ; they took away a gun, a pair
of breeches. and the cards; saw 'robin afterwards
in Waterford gaol; knew him to he the men who
was most active in • g shout the outside of the
house; out of the Miss Johnomis likewise camped ;
saw Leary in gaol ; knew hiss, by his nose attd high
clerk-Loner.
Cross-eromtiorit by Mr. BEN N ETT.
Never mistook 'ruhiis fur another ; not for One
of his tenants lunged Kennedy. Never saw any of
the Prisoners before the attack. Na min was cosi..

cealed except the small Ulan under the window.
Was nut at ail 4!ar...z.::. DK' not observe Tobin
and Leary at lint, became they were not within
sight until after the first shot was tired, when they
came round hewn another pert, and stood for almost
two minutes in front of the window, bring. Mr.
Surridge was not at the window, but ran towards
the hall.door. Could identify the Prisoners either
from the parlour *indorse or the window of the bed-
Did nut endeavour to escape the shots.
Thought that when seeing him they would attack
him, and not lure his family ; *opposes they
thought to Mu. Decciilted Leary, before he
saw him in gaol, as at thin made man, shout 5 feet 7
niches, with small nose a little turned up, and high
cheek-freer; did not describe Tobin; never told
Major Cole that Tobin was the man who fired first ;
mid that lie thought he would know three of the
party ; thinks he would know another man, not in
csiotody, a stout mom about five feet seven incites
and a half; knew Tobin in gaol, hut not Mor-
Filmy ; never told Mr. Sangria that Tobin was the
man that bred first ; told Inns that it was a low
10511.

Henry Si. George Cole. Any. swarm.
Sow Patrick Morriss y first u. Kilkenny gaol about
the 44tIs November. identifies uu hrreches found
upon him—took them from hien in coeiscqueuce of
information received by him as a Magistrate.
Crou•erawised by Mr. Scut.t.i.
Morrissy paid he had boaglit the breeches from
man that was gone to Newfoundland ; he did not
say he got them from Phelan. an approver in this
prosecution. Heard Mr. Johnson say he would
know two or three of those who attacked him.

Said he thought he would know the low man ; one
of the party was a very tall man (Tobin is tall),
whom he thought he should know ; described oue
of the party as about five feet seven inches. with
high cheek-boors. Looks at Leery ; is asked has
Leary high cheek-bones; thinks he has, but not
near so much as before ; conceives him to have
fattened in gaol, being, perhaps, better taken Care
of than formerly. Mrs. Johnson. not Mr. Johnson,
thought one of their truants, tieunedy, might have
been the tall num.
Kee. Mr. Benjamin Burton Johnson, sworn.
Examined by Mr. PREN DKII.G AST.
Was not at his father's house the night of the at-
tack ; identifies the breeches as belongisig to wit-
ness; had left them in his room ; had them several
months before, but had nut corn them.
Cross-examined by Mr. ScuLI.T.
The reason why he had the breeches so long with-
out wearing was, because lie had left home shortly
after he got them, and had not taken them with
him as he had not gaiters to match ; had cut a Small
piece from the inside of one of the seams, in order
to match it with gaiters; knows the breeches by
this mark. His fath, r often described otos of the
useless having a cocked nose and high cheek-bones.
Rae. James E. Surrimige, examined by
Mr. SIN V.ILTON.
Leaped out of the window, and ran oft fur assist-
ance. Saw Tobin outside lying down ; Tobin gut
up and lionised him. and in the pursuit milled to
another moo to blow witness's brains out; this man,
whom 'item had not before seen, ',resented sonic-
this% at his and stopped hint. Tobin desired this
man tw leave witness to him, and bating draw:: out

a I.irge knife, seised witness by•the }react, alai
threatening to soon finish witness and make hint
quiet, be took hint back to the house. Ile took
witness by both sides of the collar ; then dieengaged
the right side, and struck at Inut with Use knife a
blow, which witness received on his arm ; the arm
was 'tersely wounded. Tobin aimed again et him
a blow with the knife. Witness seised the knife
with both his hands and was much wounded.—
When lie was cut by the knife lie let it go; when
letting it go, he sti niggled and pUshed it back am-
lenity, and by soine means, which hr caning well
explain, and which he would incline to think pro.
vidential. Tobin tell, and witness escaped. It was
very clear moonlight night ; he remarked his
face well, and In. eyes made a particular impression
ou
Crass-t-rtowiced by Mr. BEN a air.
Did not observe the faces of any of the party
until Tobin pursued him ; saw Phelan next day in
custody ; did not remark4im at Springhill ; saw
Tobin and Morrissy in Kilkenny gaol ; knew Tobin
instantly. but did not know Mornay ; does trot re-
collect Mr. Johnson saying how many men he could
identify ; thinks lie said three ; was outside the
Court when Mr. Johnson was examined; was shuck-
ed and flurried thug night, bat his recollection was
not impaired ; thinks his very terror would deepen
impressions, and improve memory.
Thomas Phelan, approver, was brought from gaol,
mod sworn.

Examined by Mr. Butactwas.
Identifies the three: Prisoners : was always ac-
quainted with Tobin and Morriss, who live at Car-
rickbeg, as witness didsiuce he was born ; became
scquitinted with Leary iii gaol. Tobin is a butcher.
Remembers the day of the attack on Captain Jahn-
son's house ; that day saw all the Prisoners. and
another man, whoin he should know if he saw I ;
all five formed the party that attacked Captain
Johnson's piece; they had three pieces of firearms;
Tobin and witness each had • knife; Tobin told
witness he hod bought four large sharp knives with
large blasts., such as the one now praducell, and
such as Tobin said would he of use in his trade.
The party broke onto the house that night; they
broke • desk. and took a shilling from it ; they took
away a gun mud a pair of breeches. Witness was
taken up by %Valiant bleary. constable. acting under
Major Cole. He confessed all immediately.
Cross-exuntined by Mr. Bay Nom
It is not because witness is the greatest rogue in
Carrsckbeg that he was taken, hut because Neely,
the constable. obssrred I • in the morning very
drowsy ; does not know will he ever commit another
robbery ; does not know how mussy he has com-
mitted ; upon his oath be has been concerned in
but three ; but no murder ;
:would coattail murder
that night if necessary ; does not know whether his
life is to be saved ; does not know does he deserve
hanging ; is determined to be a good boy in
future ; always resolved to be goad until induced
to net otherwise. Never bad a quarrel with Nillf-
ris*,•; nor with either of the others; was never
struck by Tobin; neitive; tilows nor cares whether
he is saved or banged.
The case for the prosecution was here closed.

FOR 'MC PRISONERS.
Honor Gallagher, sitters. exusmiNed by
Mr. Ban m Lrr.

Knows Tobin ; whims lives in Waterford ;
about eight in the evening of the day when Cap.
trbu Johnson's house was gnat ked, Tobin brought
her a message from her mother, about money due
to her; the potatoes were down for slipper; after
supper her husband wished to mid fur beer, and
asked Tobin to stay; Tobin refused to stay, as he
was in a hurry to a bout its which be was going to
take a passage to Carnck remained tit the house
of witness about un hour and a quarter.
Captain Johnson re-exakvined.--His house is two
miles from Waterford by a short cut ; three by the
rued.

James Sweetly sworn ; examined by Mr. BENNETT.
Is a boatman between Waterford and Carrick ;
when he took a load of coals to Mr. Heade. at Cot-
rise, near Carrick, heard first of the robbery.
On the evening of the attack, Tobin came to him
at ten o'clock, and went off with him 111 his boat.
Neither of the other Prisoners. was in the boat. nor
any other pasteoger, except a man of Ur. Revile's,
as supercargo.
Mary Connors sworn ; examined by Mr. BENNETT.
Knows Morriesy ; t.nw I • give Phelan half.m.
crown and his own breeches fur the pair now pro-
(Need. and identified before by the Rev. Mr.
Johnson.