The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-17 00:00:00

IRELA2I~D.

FURTHER INVESTIGATION OF THE. RIOT AT
DUBLIN.
(From the Freeman's Journal
Ccoal.EGE-STREET.—The further investigation of this business
was proceeded in yesttrility. The Right Hun. the Lord Mayor,
Alderman Fleming, Sir Garrett Neville, Mr. Gabbett, and Mr.
Cole, attended on the occasion.
Mr.*James Browne examined—The Mercury wu over the door
of his riither's house, as a sign, for nearly three years. On Friday
last the gentleman, Mr. Keon, took a fancy to it, beyond any of the
other vanes that were in the shop. There were no ribands Hp.
pended to it at this time; it was painted of a flesh-colour, with
scarf over it. Knows Mr. Keon spice last season. There were two
other persons with Mr: Keon.
The islentical Mercury was here produced. It -was about 18
inches long, painted of a genuine flesb.oolour, and answered in
every particular to the description given of it yesterday by Mr.
Browne, sen. The cloud, which was mistaken fur a wreath of
shamrocks, was painted of a dingy dark blue, shaded with white
and black. The poor Messenger of the Gods had lust part of his
caduceus and one of his wings in the battle. The streamer was
neat produced—it was& piece of second binding ribbsnd, about half
a yet(' long, and of an orange colour ; it had been fastened to the
right hand of the figure; the left band held the caduceus.
Mr. Browne was asked by Mr. Kenn whether it was not usual to
have some kind of streamer to a vane of this description ? lie
answered that it was. . .

........
By the Loan MAYOR—WouId you think the vane complete I
without it?
It might be used without it but it is more customary to
have one.
Would it be move useful In chewing the direction of the wind
with the streamer ?—lt would.
Mr. Thomas Heron, of Sackville.street, was next examined.—A
boy was brought wouuded to his shop on the night of the riot: a
shot had passed through the eye. The inflammation was so high,
he sent for a surgeon. The surgeon considered the boy's life in
danger from the inflammation ; ordered him to be bled, and leeches
applitd ; none of the shot could be extracted without endangering
the boy's life. The wound was, inflicted with small shut, such as
that now produced (the shot collected by Mr. Johnston). Two
other persons were brought, then wounded, but he was too much
taken up with the boy to attend to them ; their wounds were slight.
Ile considers the boy now out of danger, but he will inevitably lose
the sight of the eve.
blr. William Power, 6, Alralborough.street, heard of the riot,
and went out; saw the mob with stones and bludgeons. The
police were in imminent danger from the fury of the mob, particu-
larly the foot police ; the horse police behaved in the most soldier.
like manner, from their temper. Stones were thrown by the mob
while Sir Garrett Neville sad the Lord Mayor were going on board
the vessel. When they were landing at the stairs with the persons
from the vessel, the mob called out " let us watch for them." Wit-
ness firmly believes the mob would have murdered them, if they
had not been protected by the police on their way up.
Michael Nolan, coal-porter, examined—Was wounded the night
of the riot ; had not has these a minute at the time ; was passing
the bridge; the shot came from a vessel in the river; he was
wounded in the forehead; it was with small shot.
Mr. Richard Halpin, of the North Strand, was spending the
evenirg on Eden Quay ; looked out, antlsaw a violent attack on a
pleasure-boat in the river; went out, and met a person whom he
requesaed to go to Collaga-ateset police-uffice. Peace.otlicer Mont..
Romer) came with four men, but they could do uothiug against the
mob. Saw a prisoner rescued from Montgomery, who was severely
attacked wtth stones; there was • continued voUey of atones for
three quarters of to how was very spprehasive for the lives of

it did net appear to him to come under this purview of the Act, and
his brother, Cule, who had been requested to give his assistance on
this occasion, was of the same opinion. Ile camel') the conclusion
on this account, that according to the general construction of
Lord Ellenborough's Act, the capital felony cannot be supported,
except under-such circumstances, that if a life had been lost, it
would have amounted to a case of wilful murder. In the pre-
sent instance, according to the best view he could take of the sub.
jtct, if any of the persona assembled in that riotous mob had
lost their lives, it would only have been a case of manslaughter.
Taking all the circumstances into consideration—the outrageous
conduct of the ntob, the murderous weapons which were used by
them, the intention of committing murder which was exproactl by
many of the persons assembled, the attack that was made on these
gentlemen, both while they were on board. and when they. were
coming from the boat,—under all these circumstances he considered
the provocation was of such a nature, that if death had ensued from
the hring on board the boat, such offence, at the very utmost, would
only have amounted to manslaughter. It might even be contended
that the homicide, if one had been committed, was justifiable; and
certainly tile law did allow that force might be resisted by force ;
the law made several exceptions in cases of this nature. He did
not wish to trust hia own memory on so important a point; but had
taken down the opinion of the beatautharities on this branch of the
criminal law. Mr. Gabbeu here read, from a wriuen paper. a com.
mentary on certain clauses of Lord Elleriboroagli's Act, which
stated, that force might be repelled by force, and every person was
allowed to use force in defence of his person, property, or habits.

------ - - e
don, against the sudden aggression of one ormore persona, who by
surprise or otherwise attampted to injure or destroy them.
But the force used must be attended with such circumstances . _

as would not admit of delay ; the neecesity must be urgent
the danger most be imminent. Now. in the present case,
the madmen might have remained under the deck of the ye.
eel. where they would have been secure from the stones; they
might have remained there under a confidence that it could not be
long before the civil force would come to their protection. Besides,
no case of death could be considered a justifiable homicide, if the
person causing that death brought the aggression on himeelf. The
(gentlemen, therefore, In his opinion, must altogether fail in proving
it a c se of justifiable homicide ; he put that view of the enhject
out of the question. Anothee description of homicide was *hat
the law called excusable homicide, or cliance-medley. This was
where death ensued from a sudden quarrel between two or more
persons ; the present case might come under that description of
homicide, or it might he manslaughter. Manslaughter was where
a life was taken under the influence of sudden passion, without any
pre-determination. The offence of these gentlemen must therefore
be either justifiable homicide, excusable homicide, or man.
slaughter. There was nothing in it thtt was indictable tinder the
statute 43 Gen. 111., because, to come under that statute, the ho-
micide must have been committed under circumstances that would
warrant a Jury in finding such killing wiltul murder. On the
whole, therefore, the Magistrates would not be justified in tak- I
ing informations against the gentlemen for the capital felony ;
but it would he their duty to put them on trial for the assault, ag-
gravated as it was by the wounds which had been inflicted, and the
deadly weapon which had been used for that purpose. For this
offence they would be tried before a Jury of their country, who
would decide upon their case.
Mr. Cour said Itched been honoured by being called upon to
assist his brother Magistrates in this investigation, certainly i.ot
from any want of abilities on the part of the Magistrates connected
with this establishment—for a more able and patient investigation
bad never been given to any ease—but as the disturbance had
occurred on the confines of his division, he thoughthimselt in some
degree justified in giving his opinion on the case. Mr. Cole then
took a 'general view of the whole transaction, according to the cvi.
dente that had been adduced, and said a riot of more serious conse-
quence never occurred in a civilized country—in a place, too, which
was the scat of Government. The outrage might have terminated
with the loss of life on the one side or the other, and this was suffi-
cient to show that it was a disturbance of no ordinary character. It
was rendered the more aggravated by the attack made upon the
lend Mayor, a gentleman who performed the duties of his office
with such efficiency and such mildness ; this attack was made by
the mob while he was in the very act of removing the very thing
iellich had given them offence. It was the duty of the Magretrates,
MAW such circumstances, to exert themselves to discover the cri-
minality ; they should besetute in searching out the offenders, and
informations were in
.progress in the office to which he belonged,
connected with this riot. Mr. Cole then took an able review of the
law as it affected the gentleman who had fired from the vessel, fully
concurring in the view which Mr. Gabbett had taken of the subject.
In his mind the Magistrates were perfectly right in sending them to
trial for the assault, and if the Law Of of the Crown thought
it necessary to treat the business more seriously, here she no
harm done.
Mr. Wallace, • professional gentlemen, now appealed to. the
Magistrates, the( there was no evidence whatever against one of
the three persons who had been in the vessel ; and as it would be
necessary on the trial for the other two to show the first origin of.
this affair, it would be hard to deprive them of the only evidence
they could have, by making all three partnere in the transaction.
Mr. GanortT thought there was quite sufficient evidence
Against all three, to warrant the Magistrates in sending them for
trial. They were all three in the vessel at the time of the bring.
He wished to know which of the gentlemen Me. Wallace thought
the evidence did not affect.
Mr Wallace could not say which of the three, but certainly
there was no evidence to affect one of them.
After a long discussion on this point, it was ultimately ruled by
the Bench, that iuformations should be taken against all the parties.
Most (tithe prisoners, both for the riot and assault, were admitted
to bail in the course of the day. The recognizances required for
the gentlemen in the vessel were, themselves in 1001., and two sure-
ties' in bO/.
The informations will be returned for trial at the present Ses-
sions.
We understand 3lr. Koon is a young gentleman of large for-
tune. If so, we would suggest to him the propriety and justice of
making some compensation to the pour boy, who innocently loss
his eye by this transaction.

On Saturday the despatches for Bengal, by the ship Corn-
wall, were closed at the East India House, and delivered
to the Master of that ship.
MURDER AT AVINTON.—We hear that Mr. R. Farra-
day, of Kirkby Stephen, Westmorland, who apprehended
Alexander and Michael M`Keand, in that neifhbourhotsl,
for the murder of Elizabeth Bate, at Winton, in the town-
sli;p of Barton-upon-Irwell, lately came over and received
the whole reward of fifty guineas offered by the inhabitants.
We have pleasure in announcing the circumstance for the
credit of the township, as rewards of that description are
frequently withheld from the parties, and sometimes par-
tially divided. We have the further satisfaction of stating
that a vote of thanks was passed, with a compliment of 101.
at a Vestry Meeting, to Mr. Lavender, for his services pu
ttte same occasion.