The British Press; or, Morning Literary Advertiser.
London, England, 1818-08-14 00:00:00

IRELAND.

.13CRINTY CORE AMIZE%, SATURDAY, Avow L
EXTRAORDINARY CASE OF FORCIBLE
FOSIIEMION.
The Kiwg, at the prueeoutiou of Mrs. Mart
U oackr :soul others. agaispit Robert Uuist•ku the
• 1.4. r, t U -melte the younger. R chard
U.,iarlcr, Join' 11.7mseke, Bartholomew aud Robert
Deusis Mlberrthy, Laurence Reed. James
I:tatrr, Patrick Fleitagaso. and Antler Gadrell,
l'gr feloniously. and without floe process of law.
'Acing pn..ession of a house belonging to Norman
scke. Ilse ...owe bring thou iss the posses.
of VI try I.7le.acke„ mod for holding it for the
space of ten hum. contrary to his Majesty's peace.
anal to the statute in that case wade and provided.

Mr. Quirl. on belislf of the provocation, stated
to the CuUft *A the Jury the circontatinices of
this very estraordinary came. He did not think. bo
said, that in the course of his experience he ewer
had imposed on him • more irksome task than to
produce to them the few circular/lances that coo.
posed the 'natter of this prooecutiou, end that feel.
ing arose from the description and rank of some of
the persons thou at the bar.
It was to he lamented that in a country which
reqii,re.l so often to be corrected by the strong arm
of the law, the 'ware should he atrociously vinlaterh
mid the very worst esomple held out, by persons of
the rank in society of some of the prisoners, and
w hoot! off-lice. by reason of that rank, demanded a
heavier and severer ponishoseat. The persbns at
the bar, she Learned °tattletales) continued, were
wry tomorrows; they may be divided into quantity
and quality. Without having ray actioaiiitance
with the Geotleusen among thetas bet kuowing
their high rank and their coanesioest•llso regretted
to ere them even formally associated with misers°,
a &fervid clescriptiou, sod for en act too. which
appeared more attributable to dirtempered
disordered minds than to any other cease which he
could possilrly discover. or. at least, that be would
wish to
Vcry• little time. Counsel cantina's!, would be
necessary to state the matter of iudictmetit in this
traminction, as there were some circumstances con-
nected with it which most he in the remembrance

of the Jury, and iu the judicial recollection of the
Learned Judge then presiding, who tried, mine years
ago, the extraurditiary and interesting ejectment case.
Uuiacke ag.sitist Ussiaeke. That family had been
for A consider.ble length of time in possession of a
very considerable property is this comity. Upou
the intermarriage of the late James UM sae.
with Miss Coot,. in the year 1760, a deed of Nettle-
rninit was fostered Into. whereby the estate was It.
mited to kiln for his life, and preserved to hie first
and every other see of Miss Caste, with remainder
to auy tame by any after token wife. is tail male;
remainder to his brothers Richard sod John
Uniacke. and their issue male; remainder to his
wart Writhe, Robert Uuiacke, and his heir male.—
Miss Conte died without issue. and Mr. James
Uuiacke contracted an intimacy, unnecessary to
describe. with a fewde named Mary Higgins, then
e• a servant at Monet Uniache House. By
thins woman he hail three or four children. and
wishing to have some prairies made for them,
chargeable upon the estate, he consulted with his
brother Richard, the nest heir, who would Dot two.
cur, whereupon he formed the resolution of marry-
ing Mary Higgins, and accordingly did sot by whom
be hall two sons and a daughter, all of whew were
unquestionably bora in wedlock. The eldest of
these was George Richard Uuiacke, who died a
minor ill 1807. The treat win Norman. the present
rightful possessor. and the third was Misr Uuiacke,
who had since been married to Mr. Lawlor.—
Richard and John Uuiacke, the brothers of James,
nest in remainder under the settlement, died with-
out issue, and James himself died soon after, leer-
ing the three children already mentioned, and by
his will appointed James Umacke, of Castletown.
and Robert Uniacke Fitzgerald. &qrs. their gusr-
charm Shortly after the death of George Richard
(the minor) in 1807. a claim was set up to the
estate by his uncle Colonel Robert Uuiacke (the
next them in remainder snider the settlement, in
case hi. brother James had died without legitimate
issue) upon the grounds that Mary Higgins
was a married woman. and the wife of one
Worley, when she married James Uuiacke, and
•ii coulee, that the children were illegitimate.
„
1., support of that claim lie brought an ejectment
or the title, to which defence was taken in the name
o Norman Uuiacke, and it was brought to trial,
upon which the Jury could not agree. The record
was brought down, however, a second time in 1810,
and tried before his Lordship and a Special Juiy,
whets a satisfactory verdict was pronounced. esta-
blishing the legitimacy of Norman Uuiacke, and
confirming to him the possession of the property,
from which time his title had continued uninipmch-
ed. This young Gentleman being until lately a
minor, was scut to England by his guardians, for
the bemdit of his education. The property was in
the Voids of his mother and other persons to take
care of it for him. Osi the 20th of April, one of
the most flagrant and monstrous attacks on the
right of property that hat) ever occurred, was com-
untied by the several persons at the bar. The
Minor, then in England, was within a few mouths
of being of age ; his mother resided then at Mount
House. At an early hour on the morning
of that sly, Colonel Uuiacke. now upon his trial,
acconipaiiied by his son, came to the house ; they
ii.quired if Mrs. Uniacke had come down, and
were told not. They then went into the parlour.
a-snesl. A servant went up stairs, and acquainted
Ussiacke who were below. Unacciairtroncd to
Ira early a visit, she descended, half-dressed, to the
prirloar, where the Colonel was. He inqui•ed of
her if she had lately iteard any thing of the Minor ?
Mrs. Usriacke replied, that his sister, Mrs. Lawlor,
had received a letter from him a few days before.
lie sail that he had been making inquiries about
him, that he could not hear of him, and 6:Kt lie
would not leave the house until he kin w for what.
II- (11r. Q.lio) had already said, that lie would not
usissevernarily take no the time of the Cuutt and
the Jury iu dwelling on the circumstaucts which
aiters.led the outrage which had been committed ;
11. hall explained some trairsaciimis which would
throw f•ntrte light orison the proceeding. and he had
now ...sly to add, that it would lie &slim tly proved
that Muse Geutleinen forcibly kept possession of

this boom of Mipout Uoiecke, from the entli of
April outil the following Frid.y, until forced out
by a Reverend Gentleman, who deserved the plow-
ing tribute of shooks for his conduct on the occr•
non. lie meant Mr. Pack, wlin, us a Magistrate.
headed a party of the army against throe who held
a command in ►t. until they were nanny dislodged.
Upon hearing what had taken place, Mr. Uniacke.
►he 'maritime of the Minor. came over to ►Monist
Untacite.--ho demss.dril admission, but was re.
bused. Thq pasty remained ioside, end the wretch.
ed woomu; Mrs. Uniocke, was watched up end
dews. last .he sisseld admit. or hold any iutercuorse
with any person *libido. The answer to every ap-
plication for admission was. that the possession was
takeu under roper authority. lb (Mr. Quill)
expressed a molt that they would be able to slam
what it woo. and that they might give wine ocarina
of a transaction. which. midst present appearances.
was moustrons in the extrema.

The list isthmus esemisted was Mrs. Mary
Uuiacke. seiag ewer,. she stated, that she was
the mother of Neiman Uoisck, mud lived is April
last, and foe Ave or sitoss‘isreety years before, at
Mount Ussiacke. On M morning, Colonel
Robert Uuiacke, accompanied by his sew John,
cease to the pease; she was in bed at the time, and
was called by sae of the eeriest% wile told her that
the Colonel was below, at which she was surprised,
it being thee very early. She half dressed herself.
and cense down stairs, when the Colonel asked her
where the Minor was? She told hint that his sister.
Mrs. Lawler' had had • letter from him a few days
Isefore, and she would let him knew. She. Mrs.
Uuiacke. knew at the time where her son was, but
she .14 mit wish to tell. She thew went up stairs
and dressed herself. and on coining stolen she saw
four seen in the house, whom she now identified.
They bad arms, and were nailing up all the doors
and windows. The beft/1111b, four in number, bad
horn previously turned out. At shout three or
four o clot*, Mr. Uuiacke, her sou's guardian,
come to the place; he asked to he allowed to enter,
but was refused. and she would not be allowed to
sprat with him. He came again on Tuesday, and
asked for possession, but was .gaits refused, and she
war again prevented even from speaking to him.
On Thursday Mr. Pack. for Magistrate, arrived,
and asked for possession, but was refused. He re-
turned the midday, with the assay, when the doors
and windows were thrown open, through which the
soldiers entered.
Mrs. Uuiacke underwent a long cress-examivatiou
by Mr. O'Connell, the mean object of shish bus to
draw from her, that the 'wry of the party ha tow
violent or forcible; bat while she admitted kaiak the
Colonel sad his sus conducted themselves gently on
the nieraing dw? Ant cons to Meant Umieeke
Hasse. she positively souses that they, is conjunc-
tion with the as.. of their party. lonia oat the
servants, mailed on the demo sad windows, and
otherwise cesidoend themselves with violence, sod
retained the possession by fem.
George Sheeran was, end cestisses to he, s see.
*at is the Militia. He knew the honer and de-
mesne et Meant I:rabbet% amid was is charge of
them its April law, saws on the awning of that
day, the party, several of wham he new identified,
came to the lame. He hod gone oat early in the
moroing, end reterued bete/era Moe and ten
o'clock, who he fused the people of the house
wading at the and others inside. iu wanes.
Mom and • iug the doors. His (the witness's)
fieldmice woe iu a wing of the Imam, lute which
he catered, without any opposiiies. and met Mr.
Uuiacke coaling down stairs. who stopped and
asked him did lie know lino?—Witness replied he
did not. Not as Lieutenant of the regiment, said
Mr. Uniscke said wham. Well. Strjeent.
essatinsed Mr. Uuiacke, I expect you will not act
against me ?--No. Sir, the witness answered, and
I expect you will not ask me to do any thing against
those who have employed me. In souse time after
he saw Ales. Uuiacke at one of the windows. and
was abort to speak to her, when some person inside
maid, if he did out go away, he would shoot him.
This was uu Monday, and on the next evening he
rapped at the hall door of the house, which was
opened by Mr. Uuiacke, when lie saw Flanagan
standing inside with . blunderbuss in his hand.
The imitative was cross-examined, and he stated
that upon the slight he saw Flanagan as described
above, a riotous party was expected in the neigh-
bourhood. He also asserted (and this part of the
evidence is of munch importance. as a legal argu-
ment was raised upon it. whielu led to the acquittal
of all the persona at the bar). that lie was nut dos.
turbed in that part of the house which he occupied,
though there was comniuuicetion from it, by two
douse, with the main port.
James Umacke. Esq.—This Geselevese wee ewe
of the guardians of the Minor, Norman Uuiacke.
On the day the possession was taken y the petty.
he went to Mount lipsticks about 19 o'clock is the
day. lie knocked at the door, awl wee euewered
by Mr. Richard Unlock., of whew he desseied
the powtssion. It was refined, II be said he wee
acting under some authority from his Mime, sad
he would defend the pessaries to the last titre:.
unity. San Mrs. Uoiscke at one of the windows,
sod well'about to speak is her when sM on nulled
away. Went the next day "gain. aecompaided by
Colonel Fitzgerald, and represented to Messrs.
Uuniekea the impropriety of titbit conduct. hut to
no purpose. He was present when Mr. Pack went
with the .tiny to get possession ;
~.tote uegoeistrd a
loog time ; the house was burri and it was at
length broken sip, when the soldiery got in, The
two Messrs. Uunickes and 'event others were
Mary tylieh. one of the servants of the honor,
was produced to prove that herself and her fellow
servants were put out by force, to which effect she
deposed.
The case for the prosecution having closed, Mr.
O'Cue tt ELL submitted that it had failed altogether,
inasmuch as the indictment stated that forcible pos.
Stdiloll was taken and held of Ike house, while it
appeared from the evidence of Sheeran that lie had
cout ttttt ed in possession of a part of it. A legal
argument took place on this objection, which occu-
pied a cosistilentble time. The Court finally de-
cided that the evidence did not summit the in-
dictment, and a verdict of acquittal was accordingly
,;step.
Mr. Qum. of Counsel fur the prosecution. de.
felling entirely to the opinion of his
the objection that bud bleu stated by Counsel,

hoped that he did consider the ease es one which
had desereed‘trry grave consideration.
Boron SMITH said, if the genie discretion was
now reposed in Judges ilist had been heretofore,
lie would have nn hesitation in directin,, new bills
to be sent before the °feud Juey ; end he would
soy now, what he did net think it right to do in the
course 0r the trial, that he perfectly agreed with
Counsel in considering it e very grove cure indeed.
He always wished to beer sgAinst prosecutions
where a civil right was endeavoured tn be establish-
ed by a criminal procedure; but it would be im-
plying what he did not mean, if he wet, not now
to say, that he considered the prosecutors in this
care had abundant Own& for the line of proceed-
big they hut adopted ; and if sufficient
were laid before bias in the course of half an hour,
he wniild attend to thews—gad in this expectation
be would order the panne et the bee to be re-
tained.

Mr. O'COnniLL, who bed been Counsel for the
Prisoners, concurred with his Lordship. that the
esmoduct of those pervious had hems very unwise, mid
most improper, and would, if persevered in. lead
to litigation End punishment. He had merely pro.
feisionally engaged to defend them, but had he
been consulted, he would have advised them to
pursue a different course. With respect to what
had been suggested by his Lordship, he appre.
bruited there would be no necessity of proceeding
iu that way now. There were many Magistrates
connected with the parties, persons of the first dis-
tinction in the county, and they, it was to be hoped,
would give their advice and assistance to preveut a
repetiii iiii of such conduct.
Mr. GooLD hating intimated the impossibility
or prepwriog the affidavits required by the Court,
the several Prisoners were discharged.

Daniel Toomey was tried for • conspiracy, the
object of which war to accuse Mr. Jeremiah Fitz-
gibbon of looting fire to and burning mills, the
property of Mr. Lynch ; and after revered witnesses
were produced on the port of the prosecution,
Aga. I 108.10 N, on behalf of the Prom.r, address-
ed the Corn" and Jury et wine leiagth, and after
calling two osittienes, the case fur the Prisoner Wm
closed.
Mr. O'Coutist.r., who was concerned for the
prosecut l apookr to resdeoce iu au sable mid ar-
gumentative address, and the Learne,l Juucc
chargvd the Jury w hips usual clear and luminous
manner, who, after retiring for a short time, brought
in • verdict of—awilN.
The Duke if DEVONSHIRR against the Corporation
of Yonghal.
The trial of this important record commenced
ou Wednesday, and WI. Infiniti' on Thurochty : it
was not expected to conclude on that day.