The Sun.
London, England, 1863-07-14 00:00:00

IREL. END.

DUBLIN, JULY 13.

At the Wexford Astiizes on Saturday Joseph
Kelly was convicted ot. the murder of Michael
Fitzhenry, a national schoolmaster. The Solicitor-
General went down speCially to conduct the case.
There was nothing of religious animosity, or party
spirit, or agrarian combi nation connected with the
crime. It appeared fret n the evidence that the pri-
soner's father had a ernallfarm on the estate of Lord
Carew, the rent of which he was unable to pay. It
was arranged, with the consent of the landlord, that
the farm should be tr ansferred to Fitzhenry, part
of the consideration being that the latter should
support the prisoner's rather, a man about 70 years
of age, or pay him £6 a year. The prisoner after-
wards repenting of this bargain wished to take the
old man with him to America, whither he was pro-
ceeding with his wife, and of .e,md to accept £6 from
Fitzhenry as a commutatio n of his life interest.
The schoolmaster would not consent to this, and
the
prisoner expressed his fe,P-ings about it in bitter
terms to several of his ne:,ghbours, but nothing
came to theo
rthe pa
knowledge
rtparties s w
of
were
togetherhedec in the town
of to create
su kaieewionli f
Ross on the 16th of -May, end were drink-
ing together in several places,, both there and on the
way home. The prisoner managed to keep himself
describedd rusober,nk but tlht
yhh the
eo deceasedne
prisoner's
ofthe es
bwwieaitnlfne a
became
aoxiscated, and was
"staggering
on the wnayd
haonmoteh;erbuptetrhsoeyn
th
were in their company
sen proceedingor
fromtogether supporth on his
e r
effects
wmeidrenieuhltti,mtahteeldy e
ed issuing eeesecompanion, and occasionally falling
of drink. The schoolmaster was found nest e
lying dead in a ditch by the roadside, his skullday
fret_
tured over the temple and beaten in behind, and a
wound over the thigh as if made by forcing a blunt
instrument into the body. It was proved that pri-
eoner had purchased two bars, one of red and one
of horsehoe iron, that day in Ross, and that he car-
ried them home. The wounds were such as the
heavier bar of iron would have inflicted, and it Was
found on the prisoner's premises. The trial com-
menced on Friday, the jury were locked up during
the night, and on Saturday it was concluded. The
prisoner was ably defended by Mr. Hemphill, Q.C.;
Serjeant Armstrong replied on the part of the
*Crown ; the Judge, Baron Hughes, briefly charged
the jury, who, after 15 minutes' consultation brought
in a verdict of guilty. The Judge, in passing sen-
tence of death,stated that the jury would have been
guilty of a violation of their oath if they had come
to any other conclusion than the one at which they
had arrived. The prisoner declared he was inno-
cent, and the Judge said it was useless to address
any observations to him while in that state of
mind. The following scene then ensued :
The prisoner (who appeared quite unmoved by the dread-
ful position in which he stood) said— I would have gone
100 miles with Fitzhenry and seen no harm done to him.
When am I to be hanged ?

The Judge—On the 11th of August.
Prisoner—Where am I to be buried?
The Judge—Within the precincts of the gaol.
Prisoner—ls it next Monday I'm to be hanged ?

The Judge—No, ma the 11th of next month.
The prisoner was then removed, but was subsequently
ordered back into court, it having been ascertained that the
11th of August was Tuesday and not Monday. His lord-
ship then sentenced the prisoner to be executed on Tues-
day, the 11th of August.

Not withstanding the unsettled condition of the
United States, there is little if any diminution in
the number of emigrants from this country. Hun-
dreds of the peasantry depart every week by the
Cunard, Inman, and other steamships calling at Cork
harbour. On Thursday two steamers, the Georgia
and the City of London, sailed from that port for
America, taking out 500 emigrants ; 350 shipped on
board the City of Landon and 150 on the Georgia.

A Strange Scene in the Paisley Police Court.

(From;the Caledonian Mercury.)

A SERGEANT OF MILITIA SENT TO PRISON FOR
CONTEMPT OF COURT.—On Thursday at the
Burgh Police Court, Paisley, before Bailie Caldwell,
Sergeant Thomas Henderson, and John Cook,
Alfred Henderson, Nicholas Fynn, and George
Gardiner, drummers in the Renfrewshire Militia,
were charged with having on Tuesday last com-
mitted a breach of the peace within the house of A.
Thomson, -W illiamsburgh. After the examination
of several witnesses, who deponed as to the breach
of the peace being committed,
Sergeant M'Lean was called, who, on being ex-
amined by the Fiscal, the following strange scene
took place :
By the Fiscal—Did you see any fighting.
Witness—I did not say I saw any fighting.
Aiagistrate—Are you aware that you are in a
Court of Justice ?
Witness—Perfectly, sir.
Fiscal—Did you see any fighting?
Witness—I heard a noise, sir.
INlagistrate—That is no answer to the question.
I shall put it in such a manner as you will require
aye or no to it. Did you see any person
fighting in
Thomson's public:hou,se on 7 Tuesday,
tboets
way en the hours of one an
Witness—l heard a noise, but Io paid no attention
e d six clock .

to it.
Magistrate—Do you know the meaning of the
word fighting ?
Witness—Please to tell me the meaning first.
Magistrate—I am not here to answer questions.
Answer me the question•
pertinent'
Witness—I ask you that. question ; answer me
Assessor—You are put into that box as a witnes's
fighting.
and you are bound to answer any
ques-
tions, and I consider the above is One and ,
if you re-
fuse you are liable to be sent to prison
that fighting
Witness—Striking of hands is
Assessor—I suppose that you mean
is when one person strikes another
Witness—That will do now. .
Assessor—Do you understand ri V
witness—Perfectly. -n- English ?

The Assessor again repeated the question which
the magistrate previously put, if the witness saw
any fighting, to which he returned the same answer.
The Assessor said he would again put the ques-
tion, and it would be at his (witness's) peril to
refuse to answer it.

Witness (in answer to the question)—Do you
want me to tell a falsehood ? I cannot answer tho
question.

Magistrate—Then you will go to prison.
Assessor-1 recommend that he be sent to prison.
The magistrate then sent him to prison for ten
days for refusing to answer the question.
Mr. Thomas Campbell, writer, agent for one of
the accused, proposed to cross-examine Sergeant

M'Lean, but to this the magistrate objected, on
account of his being committed to prison. The ma-
gistrate was supported in this decision by the as-
sessor ; and after the commitment had been written
out by the clerk the gallant sergeant was marched
off to prison, not a muscle of his face betraying
either surprise or indignation at his being sent to
durance vile in such a summary manner.
After the examination of two other witnesses,
Sergeant Cook and Drummer Gardiner were found
not guilty, but the others were found guilty, and
fined in five shillings, or five days' imprisonment.

Advices from Madrid of the Bth state that
the Minister of War is engaged in drawing
up a series of reforms to be made in the mi-
litary tribunals in Spain and at Havana. The Ga.
zette states that the Duke d'Osuna received the
Queen and royal family at his property of
Alameda. The fete is described us of extra-
ordinary magnificence. The gardens were
illuminated at night by 9,000 lights, and a supper
of a most splendid description was given at two in
the morning, everything at the royal table being
served on gold.
A fire broke out in a flax warehouse in High-
street, Hull, on Saturday morning, and destroyed
an immense amount of property before it was subdued. The
warehouse was situated in a quarter where inflammable
material was stored, and the whole of Saututrday
outd an the
greater portion of Sunday was spent in pting theflames. The damage is estimated at above DlO,OOO,
Amaziah Goodwin has just died at. Lyman, Me.,
and was present at the capture
United States.. He was 100 years old. He fought in the
te British officer Major Andre,
who Abrmavereird r(:tvattiLa.u,
who was hung as a spy Wabh.thgton.—Amoicatt Apr: