The British Press; or, Morning Literary Advertiser.
London, England, 1825-08-23 00:00:00

• tt- • JILINSTAR CIRCUIT.
ASSUES, FIIIDAY, Ac.a. U.

•
• labia COUNTY CRIMINAL. COURT.
TRittl.OF ARTHUR KEKFFE AND THOMAS BOURKE
ED* THE. 11IU HOF:A OF TIIE FRANKS FAMILY.
- holgaaat GOoLD openes the case. He said the two pri.
soweesatebe bar. Arthur Keeffi• and Thomas Rourke, were charged
withsdhe imsteter of three individuals—a husband, his wire, and
tisaa -sew. The erantnietion occurred on the 9th Sept. !inn the
ploewat which rearrest was called Lisnagnurneen, which 1, situ-
reed abort two milew from K dierrery, and was the habitation of the
unfortunate Franken. The circunistanees of this horrid transaction
were Weedy known, in consequence of a promotio. which took
place in Seeing, IBM, when three heathen, named Cremen, were
cortvieed. At that anises it was only right to mate, that the pri-
soner lieetre was hi the data, and that his trill was mentioned at
the e of the Crown. It was also right to state that at a cer-
tain periati• of that melees Kee& espressed his willingness to en to
trial. 'lt was Anther titeht to state that at the last summer avvizes
he was Yeasty. and that his trial was farther postponed at the M-
atinee ad the crown. Since then eiremroances came to the keno.
ledge at goresnment, which led to the ~...osequent arrest of the pti-
snlien, also were now about to be put on their trial for ore of the
moat barbarous marlins that ever singruced any nation of the earth.
it wooed apnea Mar Arthur Kett'', was married to a woman named
kkepitsey, the daughter of Junes Kearney, by his first wife. In her
r' tit Keel& or asserted, a right to cons:dm:We prurety after
Co sleuth of Kearney. Kearney married a ',von' wife, by whom
lie had children, and shout the period alluded to Henry Franks. son
of Thomas Franks, was paying his addressee to ene tit the tliss
Kearneen, anti his marriage with her was actually agreed upon.
Howler the marriage thus contemplated interfered with the preten-
sions of Kettle n was not fee bum to say, nor for the Jury to consi-
0.- but certain it was, Keeffe bed made declaration., front which
it appeared, thethe conceived his pretensions were likely to be in-
toed by the provoked marriage. Property, it was well known, was
the great i,erre of eritne. To retain and possess dist property
which is not our own has given birth to all varieties of crime. The'
I'm* to which he alluded was titling, and the instruments were
many and willing. The character of the Frankeer gave facilities which
would not be alForded under other circa iustances. They were regarded
as severe landlord., and this gave facilities to those who were
disposed so iejnre ahem. It would be for the Jury to consider, hut
it was very distinctly stated, that the murder was no sudden
thought. OW the 7th September, the Sunday preceding the
murder, a meeting was held tear Mr. !Awes house, at which
the miaow was determined imam At that meeting. it would be
proved, ado Keck° was plensat, and °incurring. The murder
beirs; molted upon, arranges:me were made tur earrying it into
thee t. Appoirtereots were made for meeting in a pout.* garden,
new the ht me at larnagourneen. It would be necessary for the
Jury to attend particularly, not only to the place, but to the bouts
at whirls this transactiou occurred. Agreeably to the previous Te-
sti:Liam some ul the murderers proceeded to the potatue garden.
where others were collected before them. A whistle was then
giver, and parties arrived in tiiiiireet directions. After a time the
party rushed into the house. The family had dined in their kitchen,
and the cloth still rematned on the table. This ruffian band in.
stones propertied hr edict tbeir sanguinary object, and in a very
;hint time the whole family was butchered. It would be proved,
by four different persons, that Arthur Keefe was present command-
tpg the party. and whilst any life remained, crying out—" Boys,
du your duty." lie was dressed in a green coat, and held a whip
in his head. All the witnesses would depose that the captain,
whom they called Kettle, wore a green coat, and hod a whip, anti
that he never aftejwards was seen in thatgtera coat, although lie
had traquently worn ft before. There was another minute circum.
stance. Kurile had a dog of a particular description; a policemen
came from Kildorrery, upon hearing the transaction, saw this
dog in a lane near the remise,. This of Itself was an unimpori. I
ant tercumstance. but taken with other things it appeared strange,
and minute circumstances were often found to elucidate a doubtful
transaction. It would be for the Jury to compare and consider ell
the evidence, and to give the case humane as well as a Gnu meat.
&ration. As to Bourke. he was Seen by almost all the witnesses.
Then was a curiens circumstance connected with him. Ile had a
et:l:t over his clothes during the transaction, which he left on the
pirerrises. This shirt the gardener's wife had washed, and hung
on a hush. and in the evening Murk* was discovered taking lb.
side: true.' oft the bush. lie (31r. Sergeant Gould) would be glad
if the verdict of a Jury absolved the prisoners or either of them
from the coroniludon of this horrible crime. If, on the contrary,
they believed the concurring testimonies of so 'litany witnesses who.
had no previous means of concert, and no motive fur fabrication,
they would best discharge their duty to themselves, their country,
and their God, by giving a verdict against the persona guilty et
this barbarous murder.
Timothy Sheehan, an approver, deposed that he remembered the
night of the myrtle?. Bang desired to turn to the dock, and look
if are of the persons who had assembled on that occasion were in
it, after a considerable pause lie ideutifird Bourke, but he did not,
In said, see any one e.se that was present. Wltness descriiied
himself as having tried to save the Frankses, but as he could not get,
any assistance lie ran back to the door. The two Cremens were of
the party inside. and a man was standing near the table, is Ito wore
a green coat and had a switch or a whip in his hand. Witness had
seen this person at a meeting on Sunday, when lie wore a pair of
leggarts. Eking asked if he would know that man now he replied
that he would. He was then desired to turn to the dock and see if
he was there. Ile did so, and immediately pointed out Bourke as
the person.—(A.seneation pervaded the entire Court at this Went..-
.Satins', as it was generally supposed lie would put the wand upon
Kecfle- 1 The Witateill, on hasher examination, stated, that three
'Stretcher persons at the candor, whom he knew thou, but would
nol know now.
On c-on-essminatlon by Mr. OTO/INELL the witness stated
that he was Peter frightened ; that though he was clammed benne
Justices of the Peace he was never sworn till he came on the table.
He was asked if he knew the name of the man be bad identified.
and lie said he did net. Major Carter had pointed out a man to
Idea at the guard-house at Doneraile, where he was himself in
custody, and Bourke is very like hint. " I believe," said Mr.
O'Connell, "-they threatened to hang yourself ?" They did, Sir,
replied the witness • there was oat Dundoo there, and he told me
at I tldn't turn evidence they would hang me, and so I
did.—Arad you would swear any thing to save your life ? 1
Veul

Eigniond Glirreen,' a resident under the same roof with the Franks
Sink, identified both the prisoners, and stated, that on the even.
sng of the murder, Burke, in company with another, celled him out
of the louse, and employed hint to tell three other men, who lay
concealed a short distance off, rsin that the ehics were at home. He
sod his family were then compelled to go to bed ill the pan of the
tenement which they inhabited' where they rennuned till the murder
was over. He had known both the prisoners previously, as residing
is Me neighbourhood. On the departure of the party, the witness
as 4he rode to Kildorrety, and gave the alarm. The witness was
croirs-etamined at great length, respecting sonic apparent discre-
pancies in his evidence respecting Kaffe, owing to their having
been two of that name present, which caused some confusion in his
ebstenent ; anti also respecting the localities; but nothing material
was elicit ed. lie further stated, that as near as he could guess, it
was twelve month* after the :minter that he told the police he
roan give information about it. lie was in custadi himself at
11 merit-Pe and in Cott, charged with this crime. IVahh. one of
for persona concerned in it, was gone to England. He afterwards
stet, led that he knew the murder was to take place three weeks be.
tote it as c unmi:ted, but concealed it from fear. He denied that
lie hitt! receives! any money front Mrs. Kearney to swear Against
Mei*, though he knew they were on bad terms ; and denied being'
metre ced in giving bit evidence by the hope of a place in the,
patios
limy Myers, who lived with the Franks family. was in the
kitchen on the fatal evening, and described several etecurnstanars
of the murder, which Phe witnessed from beneath a table. She
identified Arthur Kee as Ereeent, and inciting the rest of
the 1101.1PlifIll " to do their duty.
Oa her cress-examination she admitted listing once sworn before
two Magistrates that Keefre was not there. She swore so to save
Kerer's life, whom she had long known. She is 19 years old.
Site thinks God would forgive a false oath that saved a man's life,
bout not one that took It away.
Edward :Magner was one of the party at the house the right of
th retarder, and confinned the last witness respecting Keeffe's words
to the gang.
The cross-examination of this miscreant, who admitted that
"he would take the life of a sticking chill, and trade up to his
neck in blood, if ordered," excited the utmost indignation. He
also admitted that he had, since the murder, expressed his regret
that " lie had not killed the little girl." He left the house alter the
mauler, at eight o'clock.
Mary Glareen, a servant of the Franker'. identified Bourke as
one efaltt men who guarded bet while the murder was acting. 1
Andrew Bstwell, Esq. a Magistrate, and IVilliam Brett, a
policeman, also proved the description given by some of the wit.
reshot of certain particulars in the dress, &c. of Keefe to be
carol.

. -
Par t .e defence, C. L. C. Williams, Esq. George Snistli, and
the Rev. T. Nash, gave lieeffe a good general character for
Loonty and sobriety ; and Patrick Naylor iLd the man towards
licoarke.

f!fs Lourrsrup :hen summed up., crrnmeriting upon the matai:i
yeasts; when the Jury found both prisoners Nut Gasify.

At the late Galvaayit...sizes an action was brought by the
Rev. Mr. Jennings, a Roman Catholic clergyman, against'
the Rev. Mr. Galbraith, a elergyinan of the Church of,
.Llgland, for a libel, in writing a letter to Archdeacon,
Trench, in which he stated, that Mr. Jennings had called j
upon his Hock to " come forward, as the time had arrived
w::_t, they should assat their rights ; and to be prepared
vaittr their shovels and pitchforks, as their enemies had
swords and guns!" or words to that effect. It was stated
us behalf of the plaintiff, that his congregation bail de-
n:tid his having used any improper language, and on the
part of the defendant it was contended that he had not
ac ed maliciously, ahil that the letter was not intended to
be other than contidcutisd. The Jury gave a verdict for
the plaintiff—Damages Ws. and 6d. costs.
Last week a party of drunken men committed the body
of GIJOUI their pot-companions, while he was asleep in the
dispel-yawl, near Cleckheston, to an open grate, and
after performing a mock burial ceremony over him, they
began to shovel in the earth. Roused into life by this pre-
m i ature nterment, he started from the grave, and with
dOculty made his escape. The Clergyman has taken up
the matter, and rasetke sots elective that they will not
amen forget.