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..... ,
Sits aridity, not of his aiminality, for he most firmly believed ;
that it we. a Court legally holden, and that to it he was mtlejstal of ;
suit and wake. As to the lest charge aphist his client. dun of
attending with his knife and fork at the dinner given by his -:g
ship on his arrival at Stafford, if he was tired of •hippin e
boys,' that was no reason why be shadd tefrain fmm eating ,
and drinking ale. He thought on the merits of the ca,r. there
suuld be no question of his client's innocence, but he was
happy to add that two gentlemen hail most kindly come (rein
*Stafford to give his client a character for honesty, integrity, and
tumour.
John Pares—l have known Jenkinstm three or foal' years. His
t hamster for honesty and integrity has been uniformly very gond.
Saipan Sellers—l have known Jeakinson ever since he has
lived at Stafford. His general character was that of an hones; aid
industrious man.
Ilk Lordship suggested to Mr. Taunton whether he could press
the ease against Jenkinson. He felt called up** at that late hour
to say, that, as at present advised, he should charge the Jury to
eiiiiis him.
Ili
r . TA VDT OW had a duty which he could not surrender turrets
the use against both the prisoners. He then replied to the defence
set tip by Cocke, and contended shortly that the falsehoods and
deception practised by him, and fully supported by the evidence
lie had adduced. proved the charge brought against him. As to
Jer.kinsam, the Learned Counsel urged the various occasions on
N.tach be bad assisted Cooke, and (untended, with much earnest.
tires, fee the verdict of the Jury against him.
His Lordship charged the Jury, that there was not a doubt but
tnst the acts charged monomer! to a conspiracy in point of law, nor
%Walt necessary that a prtriotts meeting for the purpose of coespi-
s&ay, should-bit proved. :,t) matter with which of the other tie-
f (adults Cooke hail been proved to have conspired, whether with
Dig brother Jcskinson, or 'Miles, if it was proved with respect to
eittnn:l. althonch tr:o of the three were not now on his trial, it
would be quite ...tn. 'wit to es:abli.h the allegations on it. ream%
With respect to Jenkioson, he could not think the evidence had
mtzny conspirsey against him. The case cited by his Learned
although it might be thought unimportant by Mr. Taun-
ton, appeared to him to bear in. .t shoofly upon ins evict and,
although until very late il the slay he was trot disposed to think
favourably of it, yet he could not now. consistently with his oath
end his duty, do otherwise than state his conviction that the Jury
should return a verdict of acquhtal agaiost him. With respect to
Coolie the cue was ertirrly different. His Lordship said he had
Liken 241 full folios of notes this day, and, if the jury had any doubt
n the subject, he was certainly bound, late as it was, to go through
toe stridence at length. He ass perfectly ready to do so.
Several Jurors said they were quite s.stistied, and there was no
0.-trash for his Lordship td do so.
His Lordship thought this the most outrageous case that had
fever come before him. He called upon the Jury to recollect that
we were living in a country governed by law, and that if arbitary
nets such as those proved against ('ooke were to be tolerated, there
was DO saying what property would or would not be sate from the
operations of persons similarly disposed. He thought that the act
of caospiruy was not fully proved as to Alike, but that it was so
with the brother.
The July, after five minutes deliberation, retooled a verdict of
041 against I. mi.e and acquitted Jenkinson.

IRELAND.
QUEEN'S CITY ASSIZES
Frura the Frerweam's Jimeraul. J
Rl*l 07 THE 111 POLICEMEN rot TAIL muanza OT

RICHARD 111`DAWIEL.
NIAILYHORt:row, THURSDAY. MARCH 83.—John Risgsnail,
/VXII Harvey, Mired Ramo, George Walpole, James flicks,
and John Omen, were ',rioted for the wilful murder of Richard
)I•Baniel, on the Ithie of August last, by inflicting on his person
*nerd bayonet and swoal wounds, of which wounds he afterwards
tiled.
Mt. WALLACE openeu the VIM. He was placed, he said, in
'the no Ter) enviable situation of Counsel for the Prosecution in
.acne' of the most important eases—perhaps, he might truly say,
2;'. wARt iropmunt—which had ever been submitted to a Jury
we the Queen's County ; it was important, not merely as it
affected the bees of the crowd of prisoners who then filled the
dock, but also because it afforded an opportunity to repot and to
refute that too prevalem,and most mischievous error,which, though i
utterhy destitute of foundation, was hourly producing so much
evil': 'he meant the opinion, that there was in Ireland one law fur
Cie powerful and the protected, and another for the destitute and
ths poor.
Judge MOORE observed, that whoever asserted so was a libeller
sof the administration ofjustice.
Mr. Wattica agreed with his Lordship; he had already called
ii an error, and a mischievous one, and he was most firmly per-
waded, front no experience of now not a few years, that there never
sae an error ors prejudice loss founded in truth. The verdict of the
Jun, and the conduct of all persons concerned in the trial of that day
w.uld, he hoped, give to this error the moat convincing and corclu-
lave refutation. That such an impression, however erroneous
and mischievous as it was, did prevail, scarcely any man who
laic any. thing of the peasantry of Ireland could doubt. If any
may of it were wanting, perhaps the very fact of his being now
MMus them as Counsel for this prosecution might afford some
imagine of it. 'lbis case had most properly been taken up
bj the Crown, as a proper one fur the Crown officers to pro-
secute. He ( Mr. Wallace) was not honoured be-the %pi/dente of
Mel !town in this. or In shy other Crown prosecution. The Crown
coneded that duty to his Learned Friends, with whom he now
acted, and who, fur many years, had discharged the duty with
credit es themselves, and to such a manner as fully answered the
studs of public justice. " Why then," said Mr. Wallace. " am I
ao* stating this case to you, which could be much more efficierdy
dam by one of the permanent Crown Counsel 1 Why ant I ob-
truded upon them in such a ease, in which 1 tun unable to afford
Mehl: any aid, and is which they most certainly need none? Gentle.
Men, tho reason is this—the miserable and widowed mother of the
aroused, to whom be was m vole the dearest object of parental
Love, and the only stay and support of bet declining age—this un-
fortunate woman, though seprisid that the Crown had taken up the
prolecution of theme men, whom she charges with the barbarous
and wanton murder of her son—and that, therefore, the prosecu-
uott would be curled on without expense or trouble to her ; yet
trim she had adopted and acted upon this vulgar and most unfound-
ed emir to which I have alluded. Looking at the men whom she
Maros with the crime, she saw them in the garb of public officers
—elle taw them with arms in their hands, entrusted to them to pre.
min the public peace, though they were used, as she alleges, to
perpetrate her son's murder. She saw them under the control and
sada' the protection of the Magistracy ; and she MR the body to
*sids they belonged then in communication with the Crown officers,
&Miry when Crown prosecutions are carried on. In her ignorance
Oilier folly the cozceived that a prosecution of men so circum-
stanced, even by the officers of the frown, would not be such a
otoreacution, so rigid, ardent, or zealous, as the vengeance which
hfirson's blood called for, or public justice required. She,
tfilirefore, acting under the same error—the same prejudice—taxes
her toistrabhe means, and offers a brief to other Counsel. I
ratrowledge that I have reoeived that brief, with full—with
coo.most firm conviction, that she was acting under a false
=don, which I remonstrated against in vain. 1 have
tit it my duty, however, not to refuse a brief in such a
.tome, theogh -handed to me by such a wretched client, and
rapt by the Crown Solicitor. But, in doing so, I feel it but
etsclee.-not indeed to my Learned Friends, whose talents, whose
mead judpnent. learning, integrity, and discretion, in their rei-
puosible situation, place them above any panegyric of mine ; but
ffrillee tit myself to say, that I have the most firm and unqualified
• .41t.sietion on tny mind, that notwithstanding the situation in which
rib ,pri3ooera stand, in tonne:ion with the Magistracy and the
qfficers of the Lovercment, my
.Learned Friends would not only
Ifilvo saupulausly discharged their duty. in bringing them, if guilty,
to punishment, but that, if any alteration were made in their con-
Matt in consequence of such circumstances, they would be but the
more vigilant, mote minute, and attentive, to investigate and
tge before you whatever evidence night fairly be laid before a
. , to bring home the charge. But, Gentlemen, admitting
. as I do, that I stand before you in consequence of this error
judiee so unfounded, and so injurious to the administration
nPlistict, 1 yet hope that good may follow from this superfluous
to and idle caution of my wahappy client. I hope, nay indeed
2 confident; that should these unfortunate men be acquitted
( , if they are innocent, I do front the bottom of my soul hope
may be acquitted), that acquittal will, under such circum.
1.11401111, be above suepiciern, even in the minds of the Moat sospl.
i:'.06111 and incredulous ; and, though a death shall appear to have
ttgicn place, they will be convinced that that homicsue was not
ttotrder, and t'-at, for that reasonsinly, the guilt of warder will
Jorj attach to then:, nor the disgrace of their being guilty of it at.
tech 10 the body to which they below,. It is 1' niptbew la lay
M you the facts width we shall seek to istabliA in eiidence; but
(dose, miler me as impress upon year minds, that the object
: rod, in stating the facts of a criminal case, is not to per-
4tede you to believe that such facts did actually take place—o is
.
Moiety to enable you to understand the evidence—that, by knowing
Oat the sffence charged is, you may the more efl,..etually be ens-
Eifil to sir: are. examine the witnesses who shall be produced—and
silkstfora the stvement which I shall sobinit toyou, or any observe. I
'OWN which' shall bematle upon them, ought to be utterly disregarded I
ilusyrni, noless so far as they shall be supported by evidence of winch
cannot rationally entertain a doubt—for you must feel that it is
16
better that use murderer should escape unpunished, than that a
: should incur the danger of committing several, by the con.
of these men, upon evidence which, if it be doubtful, may
tor'false. It is neecesury, in die Met place, gentlemen, in such a
We as this, to call your attention to the particular situation and she-
af the prisoners—for, as the crime charged is warder, and the
rtotel on the othe' side will most probably rather endeavour to
i uee the homicide lir low the guilt of murder, than deny that the h
Ade was committed. you must take into your consideration all sais
nonanees which can 'end to show the state of mind, intend*.
motives of the accused. You are aware, gentlemen, that thee
'been lately introduced into this country a species rifirrce fir-
./ oak mown to as. It was supposed such a forte would be use-
, or have a tendency, at least, to preserve the public peace.
ether it has done so or not, is not now the proper tams to in.
. Of this new
_Pete, the prisoners now in Inc dock appear,
the them in which they now stand before you, to be a pet.
are men who had got arms into their hands, and were fed and
ip td by the public, to assist in the preservation of the public
: • and in the administration of justice; they should therefore-
ee been, much more than ordinary men, guarded in their cen-
t ' Ot, and circumspect to avoid' the commission of any offence. The
eular nature and constitution of their . body made this still
' necessary. They are a body of men partaking of the nature
the canimon law constable and the commoo soldier. With those
'•• lines many points of similitude, but some very important
ts of difference. Like the common law constable, their duty
-t under the Magistrate, hi ohering his lawful commands for
,e peace; and, like the common soldier, they are
the Magistracy as a public line, strengthening the
• thePolntsoftlifferenee are mast material, and Amp

hew much more strict a hand antht tube bad over them than over
a mere constabulary force, and how much more dangerous they arc
than the cenin.ua I,.iliatry force could be when acting among the
Kings subjecte. 'ice common law constable is a civil officer, armed
only with his pucka-slot, the crown upon which is at once the em-
blem of his autnerity, and the only force with which he is armed.
Much an officer can eiairtely by possMility commit a murder while.
in thagrofee.:d di-:charge of his duty ; but the l'ofire constable,
armed with eye' y %isecies of minted weapon, gas, ward, bayoatt,
and pistol, muy tailict death at his will, and ulna the slightest rye.
vocatiau what) may rouse his anger. Agrio, though the common
soldier, like the poli. e constable, is armed witn mortal weapons,
yet the soldier is restrained by the severe and sun;niary regula-
tive§ of military Lire. There to a mutiny law to bring the Acad.
hg soldier to cendign acid incet speedy punishment; while the
'noire constable, though aimed with the power to bytirt death at
pleasare, is yet antenabk to no late tot Mat which other sobjeets of
the state ere gvvermed by ; and to the tedious and costly remedies
which that law affied§ can the person outraged alone resort. The
police too, are at least in Iles county. under the control or at the
disposition of so oat man who is rerpaasibk to the nadir far their
coadact ; they are, in fact, appointei by, and are tooter the com-
mand of, the 11agutrates, or rather oh any Magistrate, who nay, by
illegal, or inconsistent, or contradictory Orders, cell upon them to
act. Sach a constitution mast le a dangerous one, and may be
Frain-five of Nina serious alisehi.fi This very case demonstrates
the existence of these &miters; for in thin case it will sower to you
that some of the Magistrates hating enteral into a resolution, fo
have al public Lours cleared of their visitors by ten o'clock each
night, the prisoners were acting so police Ofiecto, in enforcing obe-
dience to tha. order, when they (outwitted the crime which we
al-
lege to be murder. In estimating the guilt or innecettee of the
rumen, that feet, end ell the other circumstances coucected with
it, meet, so doubt, be taken into account. N 1 all tont view, the
ilagistrals if the Queen's County (for whuni, iectividitilly or
• collectively, no met too a more prutound reliect than I have)
'trill permit me to ray, that Slut order sews I,CVLTiIy ificend
that they laid no shadow of jorisslictiors or poser to pronozoce or
to enfant rack an order ; end that therefOre the men it: the bar, when
they entered the house where the alleged murder wcs committed,
entered it illegally and as tresparrers' aid for the purpose of doing
an illegal act. Tee into:idea of the Magistrates was, no doubt,
; good. They could have no other. But goodness of intention only
will no legalize a Magisterial act; and therefore, the erisunerr
who acted, so far as related to their entry into the house, uncles
orders, must abide the legal not seq tenets of having acted without
'arm shade:* of authority. But merely entering without lawful au-
; thorny would be but a trespass. The guilt of murder must flow
Ifrom arGtht: SCUM. The connexion of these ..an with the I.lla-
gistrates, therefore, in this alleged murder, I urge for another rea-
j It is this : that sellers use Magisteutes of a great comity
send rem armed with deadin weapons, and with a power which,
! to the jpraramtry, must le irresistible, among that pearl:dry to
I enforce an order likely to produce violence or resistan:c—it is
but justice, or at least common charity towards these Mmes.
testes to believe, that they would rot so send them without first •
I impressing moat deeply en their minds the necessity of caution
' and furbeerence, and temperance, in the enforcement of such an
I order—and if such caution and such oleic* were given, the men
I who, acting wider such an order, should, without provocation,
t 'how a fierce ad bloody disposition, it waist be etrotig proof indeed
that they woe actuated, if not by ate particular nadice, yet by
such bat:son-us disregard and contempt for human life, as would,
in case of death happeeino, constitute warder, and deprive them
of all pretence that they had acted hastily, and from the heat and
frailty of nuttiest passions. Such, gendeinen I am destructed, you
will bad the case of the prisonersto be. 7/se portiralar facts, as
they are dztailed to ace, arc them et—On the 12th of August last,
being the fair-day of liallinakill, the prisoner', as polite constables,
fully Armed, and accotupanied by several others of the police, not
DOW on their trial, about tea in the evening, went lArciagh the pub.
lie horns to tzpel the visitors. I have alretaly stated that such
order and such purpose was umworraated and illegal. They
didArst
entered the house of one lalor, from which it is said they sot
expel all the visitors; from thence they proceeded so the house of
one Fitzpatrick, a Was tweet/eat character, and in which the al-
leged murder was con toil. They found in the kitchen, otter
having just paid his reckoning, John .31• Daniel, a brother of the
deceased; be received them civilly, and with gust goad humour
obiterved, that he was sorry he had just finished his tumbler,
or he would be glad to ask them to drink with him." Two of the
holy then proceeded up stairs where they paved through an
outer into an inner room, and stain,
found there three countrymen
with half a !ambler of beer before rime of ,hem. One of them, he
who had the beer before him, with the benignity of heart which
characterises the Irish peasant, said to them—•' Gentlemen, I am
sorry my beer is just out, and I have nothing to ask you to drink,
but let me call tor cachet pot of beer and share it with us while
we are paying our reckoning." One of the policemen, whom I un.
defined to be Sergeant Myriam' Le, refused to let the quart of
beer be sent for; steel then the countryman said, " then, lads, taste at
Joist the little that remains in the tumbler." Kt teosatue declined,
but [heather drank, and then Kt:resume went into the outer room.
One of the three men in the inner room, and he who had asked them
to drink, was William Maher, a brother-in-law of the deceased. It,
appears Bunt what I have said, that at this moment all was peace,
civility, good humour, and good nature ; no indication of resistance,
or hos.inty, or of any thing that could excite suspicion or anger.
Kingunill lett the inner room, he found in the outer room
four persons, the deceased, his sister Mrs. :thew, an unmarried
sister, and a young man of the name of honing, who was a lover
of the girl ; arid 1 understand they were at that moment, the Ince
ther and the lover, arranging matters for the marriage of them two
young people. Xi et as t Le addressed the deceased, and said " you
must quit 'the deceased replied, " we have paid our reckoning,
and only wait for our friends in the inner room to pay their reckon-
ing and we sludl then go." Kt Nosey t. replied, Isbell take care
you shall not go out in company ; you must go alone." The de-
ceased said, I Daily don't want to delay, I am ready to quit, but as
they are paying the reckoning in the next room, they will not be a
mention, and I Oral( lists go." You will have to consider, (hen.
denten, whethereisis most raasorrabk request was or was not a sum.
cient provocation, fur the brutal assault which the Policemen int.
mediately mnele on this young man. who though perhaps he was
not perfectly sober, after retieshing himself when the labours of the
Fair day were over, you will hind was not drunk. I take the liberty
of sayieg, under the correction of his Lordship, that even though
the Police constables were executing a legal order, which they were
rot; and if this young man were quits intoxicated, and used ac-
tually offensive language, which he did not; yet the circumstances
would afford no justification for what was immediately done by the
Policeman, and which subsequently and almost instantly, led to
what we allege to be a barbarous warder ! —Gentlemen. on this
expression being used by the deceased, and without further parley,
the Seeking seized the deceased by the collar, and drugged him
from the seat on which he eat, towards the stair-bead, sod there
made as (Sint to throw him stows the stairs ; the deceesed, how-
ever, was able to resist that, and is doing so laid his hand to the
Serjeant'a shoulder, on which the Scrjeant loosed his hold of de-
ceased, and saying, " you rascal, how dare you lays hand on me?"
seized his gun with both hands by the barrel, and with n blow of
the beat-end on the shoulder, near the head, knocked the de-
ceased down. All this was but the weak if one or (Lai 'ninnies ;
while it was going on die people in the inner room had
paid their reckoning, amounting to one shilling and sixpence,
and the body of the Police betas stuirs hearing the woiw,
came up, and seeing the deceased rising, after -having been
knocked down by the Serjeant, and in rising endeavouring to
catch hold of or strike the Serjeant, they instantly with their
guru, sword., and boycotts, ferocionsly allaclad this sprat flied man ;I
owe rialberi him with a bayonet is the belly, near the navrl; anclher
stabbed him with a bayonet iu the rye, and pear:rated through the
orbit of the rye into the brain ; while, with a eword or swords, they
indicted trcel,e other wands on his head! All this was dune alnsost
1111 the mow I vsmirt. And white these preservers off/se peace were
:indicting those wounds, which they did without interruption or
Yosistaree. except *tam the unfortunate deceased, so far as he was
"able to make any resisnance, the deceased's brother was attracted
from the kitchen by the noise, and in going up was wounded by 1
one of the policemen on the stairs ; the three men from the inner i
room hail also come out, and then, but unfortunately not until the
mortal wounds were given, endeavoured, by. renionetrance, and at
last by blows, to rescue the deceased from their bloody bandit. The
two worsen were also in the room ; and it must be remembered 1
that on this OCCIIIaTa not one qc the flair men had even so muds as!
a selfe/c ix their Lards--they were all perfectly unarnicd ; the for
of the partiFis therefore stuod thus, even at the termination of their
bloody busmen :—Four unarmed paaballt% and two women on one
side, sodea she onbortoa polite soldiers, armed with SWOrda, guns,
pietole, and bayonets ! Is the death thus iritietcd msrder 9 That
! is the question you .are to try. The deceased had at least two'
mortal wounds inflicted by the weapons of the armed men. The
police soldiers (as might naturally be expected) were uninjured--1
no wounds, no ktjuo enataioed by any of them! The deceased,
however, did no die on the stun When they were interrupted in!
their work of blood and violence, the unmarried sister, assisted by
some one (1 de not know by whom) took the unfortunate victim
down stairs, covered from top to bottom with blood—his own blood
only! tie was instantly carried away, to save him from further'
violence. He died in a day afterwards. The Police, idler some:
time, and before they quitted the room where they had thus
mangled the body of this unoffending young man, primed and
loaded -their pieces: they then marched down, and departed from
' the house. They, however, in a shoes time, recollected that they
had not quite cleated the house—that they had only attacked
mangled the unarmed man whom they had all assailed, and they
thereat returned to thehouee to finish their work.'l'he door had been
locked—they insisted on re-athniesionard the door wasopened—they
then took possession of the three non whom they had left behind,
John 11191htniel, William Maher and the other; and timee three
they handcuffed and dragged as felons to the barrack, where they'
were kept lOr tie night, and the next usoruiag, or next morning but
one, they were takes to a distance of mine miles, before a Magi-
illoga, Mr. Price, who. on hearing the accusation front those eery
men who had committed this crime, he dismissed the three psi.
saner.. Such are the facts of' the cote you are to try. I ihnuld
rather say, such I am instructed are the facts that will he proved.
But, take them not trout my statemeet—l do not vouch for their
truth,-1 may be deceived by my instructionc—l may have taken
a wag view even of the facts that shall be proved to you. One
thing only I vulture to affirm, that if these facts shall be proved,
and if they were accompanied by such circumstances as t sin
*eructed, this MIS( be a cruel, unprovoked, and wanton murder,
committed by the prisoners when acting as public officers, but
without any legal authority, and unqualified by any thing to dilute
or mitigate the crime from murder to manslaughter. On what
grounds will ley Learned Friends rest the defence of their clients?
am happy to find they have Couneel, numerobs, learned, and
acute; whatever defence law can suggest, they will secure for them.
But, to me. I know of only three heads of defence to which they'
an mon. Theyintint .either say this act was done in advance-
ment of law, by public officers, discharging a duty—Of that it was
done in se//.dc/race—or that it was an act ono which they were be-
trayed in use heat of an affray, and mutual quarrel and combat.'
Itierielernen, I think it impossible but that all these defences must
fail them. Ai to their having acted in fitrtherathe of law, I an-

ewer, first, they had no legal pyre se to enforce. or order to exe-
cute: the order was illegal, and afforded no justification. fie-
wildly, that even if theyhod legal process and a legal order to
enforce-, they lost the protection which the law would have given
them in the fair discharge of that duty, by the wanton and unne-
cessary, and barbarnes violence which they resorted to. With regard
to sell-degenceje is a mockery to talk of ten police armed tioldi,•i
being ohliged,ln defending themselves against one unarmed pee-
sant, to take the life of that pzasent. If, instead of being elute,
he had been inn paroxysm of rae:-, could they not—could not at
least the ten, lieve seized and imprisoned him ? His Lordship
will tell you, that the infliction of death in self-defence can never
. bejustifiert, nor ever be reduced even to manslaughter, but when
that death is necessary to self'-defence. Here, what necessity could
there have been louse so many mortal weapons in the first instance,
And in a moment, against an unarmed, nay, even against the tour
or ten unarmed men, until at least an effort to arrest had been
made P And, with respect to the third head of defence, heat of
blood and affray, &e. is it nut plain, if the facts be as I have stated,
!and if not so proved, all I urge goes for nothing, that there wu
nothing to provoke—to in-hate—and that there was no affray, un-
I less the mailing of an unarmed man by armed men, be itself an
affray, to warrant the infliction of death by those armed men on the
unarmed ?" Alt. Wallace then, by a variety of arguments, showed
the impossibility of any of the fans in this case amounting to a
justification, or even extenuation a the offence of manslaughter,
ecrieding to any legal principle, and concluded by again earnestly
I exhorting the Jury to attend to nothing but the evidence, diner.
garding any observations which turd fallen from him, that should
! be until-ported by full proof ; but expressing his hope, that if the
evidence mune up to the statement, they would fearlessly find that
verdict which juirticeealled fur.
BOXWELL Esq., M.D. proved he bad attended the de.
• erased before his death, and that he had examined his body, apes
which decrased had received fonrven bayonet and sabre wounds;
one of these wour.ds had been inflicted by a triaegular weapon a
lila above tht ward, and owe in the ldt eye, which had penetrated
its orbit, argil entered the brain, and which the Doctor believed to
have been the cause of 111• Daniel's death.
I BRIDCET WDANIEL, sister of the deceased, proved that she
' was in comnany with her brother, in the house of James Fitz.
patrick, of At- Ilinakiil, on the Itsh of August last ; about the hour
: of ten o'clock at night, the police entered the mom where her bro.
thee was sitting, and desired hint to pay his reckoning and quit the
house, which he said he woad do as soon as the company is the
• hater room would tome out ; the policeman said the deceased should
!not srait.liir any person, and some of them seized him by the breast,
upon which deceased desired them not to drag him ; one of thepo.
!icemen then struck hint with a gun ; a number of Policemen Im-
lniediettly rushed into the room iron below stairs, and every one of
tros struck her brother with one weapon or other ; she saw one of
them diaw hie bayonet and the rot it into the body of the deceased.
Donor Maher Patrick 11i:4n:trick, William Maher John
Jrneuitl,and ..4..rundcr Phelan, severally corroborated the testi-
' lawny of L:idget :11'1/aide].
The defence urged on behalf of the prisoners was, that the Ma-
! phi rates had caused general instructions to be issued to the police,
to ckar all piddle homes of their visitors at to; o'clock at night,
and that, acting in prrnsance if these ituttruelions, they had en-
! tend Fitepateices house on the night the deceased loot his life ;
I thaAise had refused to obey the orders of the police on that night,
a*l.chat, la consequence, an altercation and struggle ensued be-
tween him sad Kingemill ; that sonic countrymen, who were in
the house, took part with the deceased whiab caused a general
fight between, them and the police, and that, in the quarrel, the de.
Iceased lost his life.
After a most perspicuous and able charge from the Learned
j Judge, who explained the law un the subject, showing the distinc.
doe between wilful and deliberate murder, manslaughter, and ho-
t micide in self-deletice, the Jury retired for about half an hour, when
they ae.mitted the primness of murder, and found them—Ged/ty of
Iltfaosliceghter !!
The PititenCe of the Court was as follows :--Kingstnill, Har-
i wee, and Dalton to lee tea:nip:nod for life ; Walpole and !links
to Le transported for fourteen years ; and Owens to be transported
for seven years.

SIR JOHN PIIILLIMORR, R.N.. C.B. AND MR.
✓AME.S, THE NAVAL HISTORIAN.

Mr. James, (says a Seedily Parr) ft seems, unfortunately for
himself, has " stirred up the spirits of the angry deep" by some
of his statements in his last volumeitthe bill of his Naval History.
end the course token" if *I. are correctly informed, towards this
author, if tolerated in society; wet silence any fatale commen-
tator, who dares to narrate publid even% with an inflexible in-
difl.erence to individual consequences.
That any commentator can escape either error or censure is quite
Inconsistent with the received fallibility of human judgment. The
Peet, &century ago, truly said,
" 'Whoe'er a faultless piece expects to see,
Hope% what ne'er was, nor is, nor e'er shall be ;"
and the law of libel, as well as the severe (though indefensible in
a moral point of view) etiquette of personal responsibility, one
would hope would be found to impose sufficient guarantees against
Nton and undeserved aspersion.
ot so, it would seem, with Mr. James ; for at half .past two
o'clock on Friday, two persona in the attire of gentlemen, knocked
loudly at the dour of his house, in Chapel-fields, South Lam.
/ The door being opened by a female *avant; they inquired if Mr.
James was at bone ? Belo& answered in the 'Seemly, they,
without further ceremony, advanced along the passage, toZneds a
assail parlour which terminates it, at the door of whtelt they were
met by Mr. James, who had been sitting with Mrs. James to the
room, and was proceeding to see the fisheye, whose inquirihe had
overheard. The two persons who bed entered were immediately
invited into the parkin' by Mr. Japes, and asked to sit down,
which they declined, but remained with their hats on in his house,
and in the presence of a lady. One of them, without waiting to
inquire if he was addressing the author of the Naval History, pro.
ended in a veltea.ent tune, and nearly choked with rage, to apply
the coarsest terms to the N'aval History. lie said "it was a scoun-
drelly and a rascally. book," and that " he would ins's& upon the
Adutualty prosecuting it." He muttered some complaint about
the account contained in the last volume, of the action between
the Eurotas and Clorinde English and French frigates, and said
sat the statement respecting the men being unskilful, or not
naught the use of their guns in the former, was a " rascally" 113-
count ; and that Mr. Janice, in making it, was himself "a scoun-
drel." The latter, who had turned over the pages of the book.
which lay on his table, upon hearing the Eurotas named, and who
had endeavoured to expostulate with his interrogator, requesting
him to point out the t bjectionable passage, which however his rage
prevented him from attending to, became naturally irritated at the
violent epithets bestowed upon bins, retorted upon his assailant,
and called him " a liar" for defaming him with such language ;
upon this the intruder brandished a stick, which neither the
servant nor Mr. or Mrs James saw with him when he entered,
and therefore suppose he had it concealed under his coat, and
I smock Mr. James upon the head and cut him • a scifflieensued, and
the noise brought back 31re. J., who had retired upon the first en-
trance of these individuals into the parlour ; she grasped the stick,
which the owner %rested from her hand, and while Mr. James was
in the act of dosing with him, the other individual who secant.
ponied the assailant, but who took no part in the previous business,
pulled Mr. .1. :may from his friend. Mrs. James upbraided him
with not interf:erieg on the occasion, and called out to the servant
to bring a conatable. The sound of the staff-bearer's came had a
violent effect upon the stick holder's detertnination ; for he, in
company with friend, took to his heels, ran out of the house,
awl Framing the 'ante rapid pace, which attracted the attention j
of some passengers, ran to a hackney-coach which they had left at
the top of the street, and drove off in the direction of Stockwell. I
They were personally strangers to Mr. James, who repeatedly re-
quired their names during the scuffle. The individual who ac-
tually committed the attack gave no card, but muttered out the
name "Sir John ;* the other persevered in refus-
ing to give any. There is a Post-Captain in the navy of the name
•of Sir John Phillintore, who is a Companion of the Bath, who has
lately arrived at Portsmouth from South America, and whose per-
son resembles the individual who caller! on Mr. James. Upon the
presumption (which we hope will prove incorrect) that he is the
per .son who made this attack, Mr. James took out a warrant on
17.idayjnight, at L which the officers executed on Saturday,
and the individual was bound Over to appear, and answer the charge
of assault made by Mr. James. The companion of Sir John on
I this occasion was also a naval officer, and a warrant is, we under-
' stand, also issued agents, him. We subjoin the account of the pai-
-1 titular action, in page lid of. the.Bth volume of Mr. James's
%wok. It is supposed that the conclitaing part of the narrative,
I which relates to the imperfect training of the turn to their guns,
was that against which the violent animadversion was directed. In
various parts of Mr. Jamerer-work, he is swamis to chew that
j one of the great tuna, for the superiority of the Ainenage voids,
'io many instances, during the late was, arose from their having 24.
pounders, while ours were only
.18-pounders. Now, it appears,
fluitalthough the Eurotas stands in the Navy-office books, as hav-
ing been seined with Congreve's 24-pounders, she had, a few days
j before her action with the Clorinde, exchanged her twenty-fours
j for eighteens. This fact of the exchange was not known at the
time by Mr. James, nor was it ever ineutiontil in the Naval Chro-
Weir (vole 31, p. 184), in which en account el the action appeared,
so far back as 1814, and had Slane remained unconrrailicted. With
the double authority of the official books, and an historical account
' ur.cuouadicted since 1814, Mr. James considered that he was cur-
rem iu assigning the ship 24-pounders ; be drew his inferences re-
specting the cilect of the guns upon the enemy from that assump-
tion ; anti, it in supposed, this mistake respecting the calibre of the
metal, scathe reisionicg upon it, led to Sir John Phillimore's as-
upon the author. But Sir John ought to have seen, had he
read the account io Mr. Janies's book, that full justice was done in
the narrative, net only to the gallantry, but to the intrepidity and
the skill of Ins brave and indefatigable crew.
The folios ing is the narrative of the particular action, from Mr.
James's book :

andeircumal
eau nature,
nrerevrary.
the cammon lay
lure !natty
to of dlWerenc
art under the
preserving the pi
.1111111110:1 in snafu lb
power. But l