The National Register.
London, England, 1813-09-19 00:00:00

SEPT. 1).

THE

ink Early in the.►nurui►►}t, at three o'clock, she got up and went to
Leary's in search of him, but she (lid not hear (thy word of him mail
one o'clock the next day, when she .taw his murdered body at the
Prince Regent public-home.

She was crosc•zxamined by Mr. Adolphus, but her story was told
in a very artless and consistent manner.

Cooke and This.teton, the officers who apprehended Leary,
etaied, that when they went in search of him, they found him 'at
work as a bricklayer's labourer. He was coining down the lad.:er
with a hod of mortar ; Cooke went up to him, and asked him where
his master was ? He replied, they did not want his master, but they
' anted him ; he knew about Clitlord's murder. On the Thursday
fidlowing he wished to see one John M'(arthy, and Thistleton pro-
mised he would let AN:artily conic to him in the_ lock-up room,
provided they would talk in English. Accordingly, when 11‘Car.illy
WAS let into the room, he overheard their conversation. The pri-
soner askel 11'Carthy what he thought of the busbies.? M'Carthy
told him he thought the evidence would hang him, and that he be-
lieved him guilty. The prisoner said there were si) people who saw
Trim go to work that morning. M'Carthy said, that was nothing,
could prove where he was the night before. The pri-
sorwr said that he should be lost unless he could get somebody' to
prove that fact. 111•Carthy said, he hoped lie did not send for him
to get people to swear that. The prisoner said, if he could fix it
upon any body else, it would save him. M'Carthy replied, if that
was what he wanted, lie would lea‘e him to be hanged us a dog,
and none of his countrymen should assist him.

AliCarthy was called, who appeared a very correct witness; he
detailed the conversation nearly ko: above, except that he added,
th it he endeavoured to persuade him to confess his guilt that the
innocent not be involved, vartieularly as two of their coun-
trymen were suspected, and the officers of justice were in pursuit
of them.

Nlr. Heston, the master of the prisoner, identified a hammer
found in the prisoner's possession, and Shutt !mord' said, the maks
in tiie ground where the deceased had apparently been knorked
d ecmed to corrotpond with the face of that hammer.
Hymn Barnett proved the deceased bought the hat of him, which
was pi winced. •
Mr. U!thatn proved that the wounds on the deceased's head was
the catty of WI death.

Mr. Armstrong, sun-in law to the Keeper of the House of Cor-
tertion, proved a statement, which he reduced into writing, from
the month of the Primmer' who declared he would speak the truth.
In this he stated, that on the Sunday evening, as he was with Mr.
and Mrs. Clifford, while at a public-house, be felt that she had
Fomenting hard under her cloak, and as they went along, just as they
came to the pcud, site took the hammer from under her cloak, and
struck him a blow on the head, which kuw.lked him down. She
afterwards gave him two or three more when he was down, which
killed him ; and that he bad no hand at all in it. Several other
statements were proved, which also contradicted each other.
Slattery was called by the prosecutor, kit not examined; lie was
erom4-examined by the Counsel for the Pri:•oner, but did out prove
any fact in his favour.

;The IL i..unrr then pat in a written defence. in he said, he
was destitute uf friends and of assistance, until xinne Gentlemen had
procured hits Girt.d ; that he did not donlit hat that if he had it
patient hcarinl, he should disprove the unconnected evidence
against him. lie stated that Clifford came- to him, as many Irish
were in the habit of doing, to know m hat he was to do ; that he
was in the h *bit ofgiving them meatand chink. lii consequence ot
his being able to read and mite' and hat ing been the ee,i of a
schoolmaster, they used to call him Mr. Leary ; he asked what
could be his inducement to murder Clifford % He had never quar-
relled svith him, and if his money were the canse, he could have
easily robbed without murdering him. He said he hail always been
an honest neat, and never guilty of those thefts men in ;iii SlinatiOle
vvere too often guilty of. He stated, that lie truly told ?Jr. Tartolt
that the knife was his ; but asserted that the evidence given by the
Keeper of the House of Correction was false. He complained of
the newspapers as having called his declaration a confession ;
and of having inserted paragraphs, stating tiirther proofs, as
they said, of Leary's guilt ; if he made different statements
of the proceedings of that night, it was to be accounted for
from his having drank ,a great deal —He cianglained that the
newspaper.: had raised a strong prejudice against him, but he bopeti
the Jury wenld recollect, that vi hat occurred in that Court w:n
what sherd(' guide them : and the danger of decieing from circum-
stantial evidence.--They would see he alluded to the.case ot Hag-
gerty. He brought home the hammer as he was it; the habit
of doing when any tools were left out. He asserted that what

EGIST

. •
Cooke and Thistleton deposed to Was false the officers -_always
saying to him; that he won►l►l be Ir►nged, indnced hint to say thry
wanted his life •atut might have it.
The Learned Judge, Heath, having summed up the evidence with
great precision, the Jury found the Prisoner---Guilty.
Before Leary «•as removed from the bar after he received sentence
of death, he regne•ted that his wife might be allowed to take his
clothes ; he kept his colour to the last, but the tears stood fill! in his
eyes. On seeing Thomas M'Carthy amongst the crowd, he stretched
out his hand, and said-44 Mr. M•Carthy, shake hands with me be-
fore I die, for I forgive you." Mr. M'Carthy turned from him, and
said—" No; I will nut shake your blood-stained hand."

608

NE

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NATIONAL REGIMR