The British Press; or, Morning Literary Advertiser.
London, England, 1806-04-10 00:00:00

DUNDALK LENT ASSIZES.

At Dundalk Asian there was little business. In
the Civil Co•nrt there were only four Record. tried.
the principal of which was, an aftion brought by
John and Henry Maxwell, F.sqrs. against the Com-
mi<sioners for enclosing the Commons of Dromiskin,
recover damages for an alleged injury done to the
mill of the Defendant at DurtFoogan, near Dundalk,
by reason of certain cuts which hid been made by
th., Commissioners, for the purpose of draining said
Commons ;and which the Plaintiff complained had
drawn otl a large portion of water, which would
other ise have flowed to their mill, and that in con-
sequence of said diversion, they had experienced a
failure of water, and had therefore not been able
to grind as mach corn at their mill as formerly.
1 he Conunisaianars endeavoured to shew, :hat the

defalcation of profit, of whit+ Plaintiffs complained,
was occasioned by the eiedion of the corn mill at
Aneagaskin, by AgitrKin Thompson, Esq. and not
by the making of the cuts complained of.
The trial lasted two days, having been adjourned
by consent at 11 o'clock at eight, on the first day.
The Jury found a verdid for the Plaintiff, in 301.
damages, and costs as usual.
A similar edion between the same parties, and
on the same ground;, had (seen tried at the last
Summer A sezes of Dundalk, the result of which
was mo-e fevourahle to the Plaintiffs, for the Jury
who tried that anion, gave the Plaintiffs 3001. da-
mages, with 6d. costs.
A R'sPE.
In the Criminal ('hurt there were but 18 numbers
—the only trial wraith recording was that of Owen
llaneetty, who was prosecuted fOr committing a
rape upon Catharine Johnson. The Prosectrrix
.wore, that she had come into the town of Dandalk
for the purpose of settling with Prisoner, who was
her near relation, on the font of a purchase shortly
before that time made by Prisoner from Prosecu-
trix's mother and family, of a small farm, in the
county of Louth, which they had held under Mr.
Hill ; that being unable to settle with Prstiner, he
proposed that the y should go to the house of ('rote-
entries mu. her, and settle with her; that Prose-
cuti is and Prisoner left Dundalk together, about
six o'clock in the evening, and on coming to the
turn of the read, leading from the high North road
to the house of Prosecutrix's mother, Prisoner said,
that there were some persons on that road, attending
a funeral procession, whom he did not wish to meet,
and propnied that they should go on to the nen
turn of the road, and that he leicw of a short way
leading from it to her mother's house. Witness con-
ceiving that the Prisoner seas sincere in what he
said, and thiukirg herself perfedly safe in h7s care,
on account of the relatinnship which subsis!ed be-
tween them, and the continual professions of friend-
ship and regard which Prisoner had professed for her.
self and fans ly siece her father's death, agreed to af•
company him to thc met turn of the road, as hetietitad.
They both continued their road further, until theycame
to a punlic-house, into which Prisoner prevailed on
Prosecutrix to enter, and take share of some punch.
Prisoner haelog net some acquaintances at this
house, who joined his party, occasioned their deten-
tion there until near eleven o'clock at night. Pri-
soner wanted witness to accompany him to his .mo-
ther's house, which was nearer said public-house
than twat of the Prosecutrix's mither, saying, that
her mother would be perfectly satisfied next mann-
ing, at finding :hat Prosecutt ix had been in the care
of prisoner and his mother. To this offer P,osecur ix
declined acquiescing, and she and Prisoner then fol-
lowed a bye-road, which he said led to the residence
of witness's mother. Witness then proved, that on
this bye-way Prisoner perpetrated the clime of which
she charged him, and she proved, that in con.equence
of the violence and abase she had received from the
Prisoner, she was confined to het bed for 6 days.
On :ross-examination of witness, she said she had
not ever offered to relinquish the prosecution of Pri-
soner on receiviug a sum of money as reparation
for the injury which had been done to her.
The mother and sister of Prosecutrix were then
examined, to prove that on the night attic alleged
injury received by l'resecutrix, she had returned
home at a late hoar of the night, with several marks
of violence troon her person.
Here the case of the Prosecutrix was closed, and
several witnesses were then produced on behaif of
the Prisoner, the principal tendency of whose testi-
mony went to show, that the proneution originated
in a dispute between the Prisoner and the family of
the Prrisecutrix, relative to the title to the farm of
land before alluded to ; and evidence was likewise
given by the lion. John Jocelyn and Robert Page,
Esq. that Prosecutrix had, in their presence, agreed
to accept a slim of money from Prisoner, and dis-
continue the prosecution of him—this evidence ap-
pearing co ntradidory to the testimony of Pios icu-
trix in this particular, and thereby throwing a shade
of doubt upon the entire testimony of Prnsecistrix,
although the two pieces of evidence might be re-
conciled, was explained by the Learned Judge in
his charge to the Jury.
After a long and patient investigation of the case,
the Learned Judge charged the Jury at considerable
length, recapitulating the whole of the evidence,
and observing upon it rather in favour of the Pri-
soner, principally on the ground of the aforesaid
contredietion.
The .lury retired at half past seven o'clock, and
after a little deliberation, returned with a verdift of
—Sat Guilty. The trial lasted nine hours.
On the following morning, the Judge ordered
the Prisoner to be brought to the Bar, and then ad-
dressed him in a most eloquent and impressive
lesson's in the course of which he said, that Although
he entirely approved of the vet did of the Jury, he
was by no means satisfied that the Prisoner was in-
nocent, lout the contrary ; and he believed al.en that
this was the impression upon the minds of the Jury,
who, he believed, founded their verdift rather ou
the doubt of the guilt of the Plisoner, than the cer-
tainty of his inswcence.
'These Assizes proved maiden, there being no ca-
pital convidion at them.