The British Press; or, Morning Literary Advertiser.
London, England, 1822-09-04 00:00:00

THR RING AT TUC PROSECUTION OF ALEXANDER

O'DRISCOLL, REQ. OF CLOVER HILL, •O•INST

TIMOTHY O'SULLIVAN, PK!.
THE RING AT THE PIOSECUTION OF ALEXANDER
O'DRISCOLL, ESQ. OF CLOVER HILL, AGAINST
ALEXANDER O'DRISCOLL, ESQ. or MOUNT
MUSIC.

The first of there cases came on to be beard this
morning, before Baruu PEN N EFATHER and the fol-
lowing Jury :
Plobie F. Hartnett, I James Clerk,
Robert Cummins, Wm. Pritty Harris,
Richard Saimbill, Thomas Lynne,
William Sheehy, Walter Fitzsimmons,
Benjamin Shesres, Richard Martin,
Thomas Banal, I George Newenbam.

Mr. JACKSON stated, that this was a criminal in-
formation filed against the Defendant, Mr. Timothy
O'Sullivan. There were eight counts in the in-
dictment, the first five of which stated that, intend-
ing to provoke Mr. Alexander O'Driscoll to fight
a duel with him, he, Mr. O'Sullivan, delivered him
a hostile message on the 9th of A Aril last. The
other counts set forth, that intending to provoke
Alexander O'Driscoll, of Clover Hill, to fight a
duel with Ale:soder O'Diiscoll, of Mount Music,
he did, at the lame time, deliver a hostile message.
To there indictments the Defendant pleaded Not
Gorky.

Mr. Wascserz said, that in this case he held the
brief of his Learned Friend, Mr. Gould, who had
been obliged to leave town in consequence of ill-
ness. It was • criminal information, or, in other
words, an indictment instituted by the Crown fur
the punishment of a misdemeanor, such as bad
been described to them. The party for whom he
was concerned was Mr. Alexander 0' Driscoll, •
Magistrate of the county, and a very respectable
gentleman; and in order to distinguish him Iroin
another person of the same name, who was ionised
in the same transaction now before the Court, he
Would cell the former Mr. O'Driscoll, of Clover
Hill, and the other of Mount Music. The person
against. whom he colonial°, for having sent him a
lioatissage is the son of Mr. Timothy O'Dtis-
eol , cc of another Alexander O'Driscoll, on
whose des alsome contention arose about his pro-
perty, Mr. O'Sullivan is the brothersiu-law of Mr.
Alexander O'Driscoll, of Muuut !UMW. Mr.
Alexander O'Driscoll, of Clover 11111, had • debt
due to him, and having applied for it, got the bonds
of Mr. Timothy O'Driscoll, the father of the De-
fendant, and wishing, when those bonds were
to obtain the money, applied for but did not get it.
He accordingly got judgment on the bonds, and on
the 30th of January last lodged two writs with the
Sheriff; but so little disposed was lie to du any
thing harsh, that he suffered the writs to expire, and
it was not till they were renewed that he got his
money. These proceedings, it would appear, ex-
cited a hostile feeling in the mind of Mr. 0'1)6s-
t:oil, of Mount Music; but was it because the gen-
tleman fur whom he was concerned had asked for,
and, when lie could not procure, recovered, his just
demand through the due course of law, that he was
to stake his life for so doing ? He had committed
no other offence than this ; and if the present were
eves a Court of Honour, instead of a Court of Law,
he defied them to say that his conduct was impro-
per, or subjected him to such a c.ill. At the last
Spring Assizes Mr. O'Driscoll, of Clover Hill,
attended them, as it was his duty to have done,
in his capacity of a Magistrate, and then, while
the King's Commission was open, and when reve-
rence and respect for the laws should have been
the standard by which die conduct of every
well-disposed person ought to be governed, • hos-
tile message was publicly delivered to him. On
the 9*lt of April Mr. O'Driscoll, who was at the
time in company with a relative of his, another Mr.
O' Driscoll, observed Mr. O'Sullivan watching and
dogging him, until at length lie took en opportunity
of saying he wanted to speak to him. Mr.
O'Driscoll replied—" If you have any thine to say,
let it he before Mr. O'Driscoll." Mr. 0 Sullivan
then said, " I am come to you as a mutual friend
to settle a difference between you and Mr. O'Dris-
cull, of Mount Music ; and if lie sent you a mes-
sage what steps would you take?" Mr. O'Driseoll
replied, he was not conscious of having given Mr.
O'Driscoll, of Mount Music, any offence, uud that
if he were to send him a inestage, he would take
legal steps against him ; adding, that in saying so
lie meant no offence to Mr. O'Sullivan or his fa-
mily. This, however, did not satisfy Mr. O'Sul-
liv;u, for when Mr. O'Driscoll turned away, soil
was walking off with his friend, Mr. O'Sullivan
followed hum, and said his conduct was unhand-
some and ungentlemanly, and proceeded hum
want of spirit. The mewling of these words was
a obvious, stud if they should be proved in evidence

to have been uttered by the Defendant (Mr. O'Sul-
livan), then was the offence proved with which he
was charged. There were other circumstances in
the case which would be detailed to the Jury. and
he would not occupy their time any longer. They
would bear the law from his Lordship, and upon
that end the evidence ground their verdict.
Alexander O'Driscoll, EN. is a Magistrate of
the county ; resides at Clover Hill ; knows Mr.
O'Driscoll of Mount Music and Mr. O'Sullivan.
Mr. O'Driaccil owed him money, which lie recover-
ed by course of law. Remembers the last Spring
Assizes, at which time lie saw Mr. O'Sullivan se-
veral times walking wiih Mr. O'Driscoll, of Mount
Music. On the the 9th of April, witness was walk-
ing with Mr. M. O'Driscoll, of Baltimore, and saw
Mr. O'Driscoll, of Mount Music, walking with
Mr. O'Sullivan, arm-in-arm. The latter left the
former, came up to witness, and said he wanted to
speak to him. Witness observed, r. Britt have any
thing to say, let it he before my friend, Mr. Michael
O'Driacoll." He replied," lam come as a mutual
friend to adjust a difference between you and Mr.
O'Driscoll, of Mount Music ; and what would you
say if he were to send you a message ?" Witness
replied, 4‘ In saying what I am about to say, I go
further than my friends think I ought. I am not
conscious of having given any offence to Mr.
O'Driscoll. of Mount Music, and if he sends me
a message I will take such steps as the law will allow
me. Ili saying so I mean no offence to you or your
broody." Witness bowed, and turned off with Mr.
M. O'Driscoll. Mr. O'Sullivan followed and said,
" Your conduct is unhandsome and ungentlemanly.
and proceed., I am convinced, from a want of
spirit." Witness made no observation, but walked
off, and in about five or six minutes after saw Mr.
O'Sullivan and Mr. O'Driscoll together. He is
not conatiour of having on that day, or before, given
either of these parties offence.
Cross-examined by O'CONNELL.

Q. Isn't Mr. Alexander 01.)riseoll, of Mount
Music, married to the sister of Mr. Timothy O'Sul-
livsei?—l believe so ; 1 don't know it.

Q. You don't know it—lntve you any doubt of
the fact I—l have not.

Q. Is there issue of the marriage ?—There is.
Q. I will ask you but one question more, Mr.
0' Driscoll—Did you ►ay to Mr. O'Sullivsn, that
if a gentleman sent you a message you would meet
him ?—I can't say positively, but the conviction on
my mind is that I did not.
Q. Another question and I am done—ls Mr.
O'Sullivan married I—l believe he is; he is married.

Francis Rogers Coghlan—Knows the last wit-
ness, who is a married man, and has one child.
IVitness resides in Skibbereen. Ou the 9th of
April list was in the street, iii conversation with Mr.
Edward Gallwey, when Mr. O'Sullivan came up,
and said, apparently quite well pleased, that the
business was settled ; that he had been to Mr.
O'Diiscoll, of Clover Hill, who said if a message
was sent to him by Mr. O'Driscoll, of Mount
Music, he would take the law of him ; and that he,
Mr. O'Sullivan, then told him, that his conduct
was unhandsome and ungentlemanly, and proceed-
ed from want spi•ii.
. . _ . . .

Counsel for the information tendered evidence of
previous declarations of Mr. Alexander O'Driscoll,
of Mount Music, of his Intention to send u
mes-
sage. This was overruled by the Court, us Mr.
A. ('Driscoll was not then on trial.

M'Carthy-1s acquainted with Mr.
O'Sullivan, and AIN O'Driscoll, of Mount Music.
Saw them together last Assizes. Witness was then
walking with them, when Mr. O'Driscoll, of Clover
Dill, passed, and witness said he hoped they were
on goad term•. On such gaud terms, said Mr.
O'Sullivan, that Mr. O'Driscull, of Mount Music,
intends to send him a message. Vituess doubted,
bat Mr. O'Sullivan assured him it was the case,
and asked his advice, which he declined giving, not
wishing to interfere, as both parties were his friends.
On the next day he met Mr. O'Sullivan, who said
he had dooe that business, meaning that he had
done what had already been stated in evidence.
This was the case fur the prosecution.
Mr. O'Cot4 NELL then rose, and said, he sincerely
regretted that it devolved upon hint to till the situa-
tion of his friend, 'Mr. Bennett, who, in consequence
of delays interposed by the other side, had been
obliged to leave town, and the Defendant was thus
without the aid of his talents. Ile (Mr. O'Connell),
would not be guilty of the affectation of is ing that
his disinclination to address the Jary on this occa-
sion arose front general unwillingness to perform
that duty ; hut the parties burr were all known to
him ; the Prosecutor long arid intimately, and
the Defendant was his near relative. These cir-
cumstances created feelings which would totally
disqualify him from doing his duty, if that duty did
not happen to he a very plain and even one, and if
the Jury would only give him their attention for a
few minutes, he had no doubt that, undsr the di-
rection and control of his Lordship, lie would sa-
tisfy them that the I)efeildant was entitled to an
acquittal. De was nut the advocate of duelling, or
of those false laws of honour which so often drove
persons into such a situation as to risk their lists,
and lie would take every opportunity of condemning
a practice which was against the law of God turd
man. The information against the Defendant was,
for pro►oking one Alexander O'Dritcull to fight
another Alexander O'Driscoll ; but. the Jury may
as safely find lion Hie Learned Counsel) guilty of
that charge as the Defendant, upon the evidence
which had been given. Mr. O'Connell then con-
tended, with great ingenuity, that no message was
sent or delivered. First, the office of lighting friend
was incompatible with the relationship that existed
between Mr. O'Sullivan and Mr. O'Diiscoll, of
Mount Music ; they were brothers-in-law, and it
was not only unusual, but would br indelicate, to
perform such an office one towards the other. Ile
may have gone as en arranging friend, and indeed
this appeared from the evidence; or lie may have
gone with the intention of taking the- quarrel on
himself; but that lie either took or delivered a mes-
sage there was cot the slightest evidence. On the
contrary-, the conversation was, " If a message is sent
to you', what will you do ?" which is answered by
the Prosecutor himself in the words. " it be 1 will
resort to the law." Then could the Jury say that
a message was delivered, particularly when this con-
versation took place before a third person, which
was quite unusual, sail always occurs between man
and man ? The Learned Counsel urged these points
with considerable iieguuity and eloquence, and

concluded by stating, that under die information,
as drawn, the Jury ought to acquit the Defendant.
Baron PEINNEVATHER charged the Jury very
briefly. This was • criminal information, he said,
granted by the Court of King's Bench against the
Defendant, for being the bearer of a hostile mes-
sage, and when the order wag granted the Prose-
cutor was not hound down to any precise form, hut
was at liberty to shape his charge in whatever way
he may be advised by Counsel. Accordingly, as
now exhibited, it stated substantially that the con-
versation deposed to, and admitted to have taken
place, was used by the Defendant with a view to
provoke the Prosecutor to fight a duel with the
Defendant, or to excite him to tend a mea•age.
The first vet of counts state, that the conversation
amounted to a message; and the second set, that, if
it did not, it wis calculated, intended, and wed,
to induce Mr. O'Driscoll, of Clover Hill, to send
a message to Mr. O'Driscoll, of Mount Music.
These were the charges, and taking all the circum-
stances into consideration—the previous conversa-
tion which took place in the presence of Mr.
M'Carthy, and the subsequent expressions made
use of by Mr. O'Sullivan—the question was, and
the Ju►y alone were to decide it, whether it was in-
tended to convey r message directly, or to excite
or provoke a message ; an intention to provoke the
Prosecutor to tight the Defendant in the oilier case,
Mr. O'Driscoll, of Alount Music. The Jury had
beard the evidence and the Counsel at both sides,
and they would decide us in an ordinary case.
The Jury retired, and after some time brought in
a verdict of Guilty on the last three counts ; or, in
other words, of provoking Mr. O'Driscoll of
Mount Music.

A remanet "us entered on the other information,
the Learned Judge stating that lie hoped the
parties would become reconciled and prevent furl {ICI
proceedings.