The British Press; or, Morning Literary Advertiser.
London, England, 1822-09-11 00:00:00

TION ACI'.

COUNTY TIPPERARY.

Pursuant to adjournment, a Special Sessions un-
der the -Ilissurrsction Act was held at Cashel on
Monday last.
There we're fourteen prisoners for trial, one of
whom only was convicted. Nothing interesting ap-
pearing in the investigation of the cases of the ma-
jority of the prisoners who were acquitted, we con-
sider it unnecessary to report their trials : those
which possessed any inte►est we subjoin.

CURIOUS CASE—CONDUCT OF TIIE POLICE
OF SLIEVARI4GII.
The vest persons put forward were Edward
Fogarty and William Carroll, who stood charged
with having tumultuously assembled in the day
lime, on the itO:h of August last, in the streets of
Kil'climate.
Win. Mathews, a Serjeanl in the Slievardagh
Police, uudrr Captain 11'ilson, aware, that gee.
ing • riot iii the street of Killensule on the 26th
August, which was the fair day. he went into the
crowd, tend was immedsately struck by the prisoner.
Carroll ; the witness took the prisoner *Fogarty
into custody, and gave hint up to Mr. James King,
a sub-cuestable; on his return into the crowd he

fouod Carron clock in the neat of one of the Po-
- baes *kick-canoed: hien 'whirr" 1w two or three
blotto; it appeared to wiliest that two- men had
been tigitting (a men namedDaggen and the pri-
Wont Fogerty), and that a crowd collected, as is
dsual on such occasions, bat they were not acting
in an improper menroneotbe prisoner Fogerty was
quite saber.
Cross-examined by Mr. Minos, agent for the
Prisoners.—The witness was not present at the
commencement of the *riot, bat on coming up he
saw the prisoner Carroll striking one of the Police
-at Mr. Stokes's door; Carroll was taken by him
after, Fogarty had been secured; witness saw his
son (who belongs to the Police) give Carroll r a I
blows, and saw Carroll strike, bun; the witness
himself gave Carroll a blow of a smell stick on the
breech ; Cerroll'e hands and feet were tied with e
cord, arid it was found neeessury, from his violeoce,
to gag him—that is, ts stick was placed*acrose his
mouth, which was tied at the back of the head
with a cote' ; this last act was resorted to, to pre..
vent the Prisoner from eating those who Were tying
trim ; the chief constable put turf to-his mouth,
hot the Prisoner knocked it about; he was so vio-
lent, and acting in so dangerous a manlier, that he
was obliged to be removed to another guard-house,
where there had been plenty Of hay and straw, but
the witness ewer* positteely* that no glandered horse
had been placed there to keep the prisoner Carroll
cowpony; as far as witness could perceive, no per-
sops were fighting at first but Duggan and Carroll.
I'o Mr. BLACKSII.—IIe thought there was no
unnec y severity used towards the prisoner Car-
roll, who would, the witness was sure, ear those who
were tying him if he could.
Mr. Edgard Morgao, the chief constable for the
barony...of Sheverdegh, swore that while ill in his
bed on the 26th August, some persons came tra
iii-
ferm him that young Mathew', one of hie pollee,
was choked, ou which he got out of bed, tied
when Conical was brought to him, he kicked the
witness in the shin; there was great uproar at the
time, and the witness's head was paining him
snot+ ; finding that the Prisoner would not suffer
himself to be tied, the witness put a sod of turf
.to his mouth, which he kicked about ; he then gag-
ged him ; the Prisoner Carroll mid to the witness
" that before Christmas hie beck should be as red
as a soldier's Coat ; that he was a bloc rascal, and
that lie hung several before, but d—n his (the
Prisoner'.) soul if he should hang any more."
Cross-examined by Mr. Gteestie.—He thought
the Poisoner Cerro!l was mad, and thin lie would
have ore every one near bun if he had not been tied
and gagged.
Dutton Mathews, one of the police, and son of
the first witness, swore that when he first saw the
riot, Cstroll, who had Duggsn on his back, gave
him (Duggan) a blow on the bridge of the rinse ;
he endeavoured to Separate them, but could riot ;
Carroll then took the witness by the neck, just as
the Serjeant came up; the Prisoner Carroll tore
away his shirt and neckcloth; the witness shouted
for Mr. King, and, with the
.assistance of three or
' four persons, succeeded sit taking Carroll, body and
. boars, le the guard-house; he seemed to be mad.
Crow-esemined,hy Mr. GLEFSOL—The witness,
was looking at the battle between Fogerty and
Duggan just before he seized Carroll, who fastened
in his neck, on which the witness gave him two blows
and no more; Carroll was quite drunk, and was is
. the art of making a blow at the serjeant, when the
witness seized him with both his hands; the Pri-
• trotter fsstened in his neck before he struck him ;
• he kept witnese by the neck while they were going
about ereetty yards before he lowed his grasp.
The evidence for the prosecution being here eters
ed, Mr. GLEASON submitted that there was no ewe
made out•egainst the Prisoners, but if the Bench
considered it essential, he would call witnesses for
• the defeni•e, in order to spew how the Police had
conducted themselves—it was due to public justice
that such undue severity should not be suilired to
pass unrintiretl.
Captain Wilson, Chief Magistrete, here said, that
during t ight sears, in which lie had had the com-
mand of the Police in this county, he never Meld
of any improper conduct alleged against them ;
bat if it appeared that they hail acted improperly
on the present occasion*, lie felt most anxious that
they should be punished.
Mr. BLACKEa considering it necessary to call
witnesses ler the defence—

Mr. l'aftick Stokes, an inn-keeper in Killenatile,
waccalled, who, on being sworn, deposed to the
manner it) which the•aflray began, atid to the t lions
.which he used to qoell it.
Mr. Jsinier ()engirt; swore that he war in the
streets of Killenaule ou the day that Carton slid
Fogarty were fighting, when he saw Mr. Stokes se-
pa►ate the combatants twice; the witness saw Car-
roll taken by Dutton Mathews, the policeman, while
his fatuity were endeavouring- to take him away I
the Police pulled and dragged Carroll nbcui ;
his (Carroll) father-in-law requestsd the Piihue,
to let him go, MINI that:4lineself and a party of the
townspeople would lodge him in the guard-house,
on which one of the police tletired " the rastai" to
quit; after this the witness saw young M.thews
strike Carri,al several limes while down, and while
oo the way to the guard-house the blows were re-
peated; he received about fifty Mow'. from young
Mathews, whose shirt and neckcloth were tofu
sway by the Pawner ; Carroll, no doubt, hefted
very violently; when serjestit Mathews took Fo-
garty he cried out, " Now, you saseal. I have you,
and I'll ship you ;" the Serjettnt gave a blow to
Carroll with an oak stick while he war in illi4 SOWS
•custody; they were thumPing him till they gut to
Mr. Magratls's. .
To Mr. ISLACIIEN—The Prisoner Carroll was
certainly very refractory-; his skull was fractured
some time before, sod whenever lie drinks lie i•
violent, " but," said the witness, " h► had double
rearon to be so on this occasion."'

To Captain WILSON-1f uo resistance had been
offered to the constables, they would not, perhaps,
have beaten Car►oll so badly ; he never knew the
police to do any thing improper in Killenaule, and
young Mathews, lie thought. wear very proper man;
It wall uece►avy to use force to bring Carroll to the
guard-house, but, however, before hr mode much
rertstance, Mathews struck him very levrtely.
To Mr. BLACW-11 the Prisoner Carroll Ind
been used kindly, and left to those who vulunteried
to take him to the guard-house, he would liave•cer-
Wooly gooc quietly.
To Captain %rum:on—The wi'uess thought it

would not be right en the part of the polite to giVe
op a Prisoner to the people of Henault while ib
the performance of their public duty.
•.• The Magistrates then retired, and is their re-

Mr. BLACKS:It addressed the prisoners in • very
eloquent manner on the impropriety of their eon.
duct in having acted in an reprehensible a manner
as they /lid ; but it appearing that ho proof of a riot
was established, the tome' being nothing more
than a private one, the Magistrates determined on
acquitting them. Mr. Blacker cautioned them to
observe a just demeanour triwards the laws in future.
His Lordship then aairl that he could not help no.
tieing the conduct of the police on this occasion; and
aimed, in poiiitedtirms, the manner in which public
justice should be administered by them; • any thing
beyond necessary coercion we, very culpable. From
the evidence on botl►•aides it clearly appeared, that
no violence hail been used to justify some of the
measures of hardship which had been exercised
by the police—this ob•ervstion applied particularly
to Carroll. The Court felt that much unneces►ary.
severity. hail been exhibited on the oticssioti, and he
hoped Ou.t he would never hear of such conduct .on
the part of the guardians of the peace again. Hie
Lordship spoke at some l-ngth on this subject,
during which he expressed himself in • very hiss;.
mint manner 611 the limsliness used by the police.
The Bench scented to,participate iss the same ieel-
ings as those of his Lordship.
Captain Wit.som, Chief Magistrate, then inti-
mated to the Court his intention of laying a state-
ment of Mr. Murgait's conduct before the Lord
Lieutenant.

At the rising of the Court the Sessions were
adjonroed to Friday, the 13th September, to be
ta,ld in Cashel.