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

SUN OFFICE, HALF-PAST 4 O'CLOCK.

SPORTING INTELLIGENCE.--This Day.

LIVERPOOL RACES.-THIS DAY.
BY ELECTRIC TELEGRAPH.
LIVERPOOL CUP.

The Knave -

Eleven rail.
WELTER CUP.

True Heart
Cutler

MERSEY ST ARE S.

Persuasion ....
Pretty Girl filly
Practitioner
Four ran.

IRELAND.

DUBLIN, JULY 13.

At the Wexford Assizes on Saturday Joseph
Kelly was convicted of the murder of Michael
Fitzhenry, a national schoolmaster. Ttx Solicitor-
General went down specially to conduct the case.
There was nothingo
freligio us animosity, or party
spirit, or agrarian
combination
father had a small farm r connected with the
crime. It appeared from h evidence that the pri-
soner'stthaebei estate of Lord
Carew, the rent o whichf he
of h
was on
was
arranged,with the consent eto pay. It
.landlord,
parthat
the farm should be transferred to Fitzhenry,e
of the consideration being that the
support the prisoner's father, a man aboaauter7Oshould
of age, or pay him £6 a year. The prisonera
thers
after-
wards repenting of this bargain wished to take
old man with him to America, whither he was
pro-
ceeding with his wife, and offered to accept £6 from
Fitzhenry as a commutation of his life interest.
The schoolmaster would not consent to this, and
the prisoner expressed his feelings about it iu bitter
terms to several of his neighbours, but nothing
came to the knowledge of the deceased to create
suspicion, for the parties were together in the town
of New Ross on the 16th of Nay, and were drink-
ing together in several places, both there and on the
way home. The prisoner managed to keep himself
sober, but the deceased became intoxicated, and was
described by one of the witnesses as "staggering
drunk." The prisoner's wife and another person
were in their company on the way home ; but they
were ultimately seen proceeding together after
midnight, the deceased leaning for support on his
companion, and occasionally falling from the effects
of drink. The schoolmaster was found next day
lying dead in a ditch by the roadside, his skull frac-
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—l 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 P
The Judge—Within the precincts of the gaol.
Prisoner—ls it next Monday I'm to be hanged ?
The Judge—No, OR 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.
Notwithstanding 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 London and 150 on the Georgia.

A Strange Scene in the Paisley Police Court.

(Front: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.
being ex_
Thomson, VI illiamsburgh. After the examination
of several witnesses, who deponed as to the breach
of the peace being committed,
fighting
Sergeant M.Lean was called, who, on
1 amined by the Fiscal, the following strange scene
awaresaw tahly—tghyotillgl. .
took place :
By the Fiscal—Did you see any fi
....d
Ai :
fighting?
rieloytousayl
I\Wiaigtnisetsrs
II are in a
Witness—Perfectly, sir.
Court
Fiscal.—Did you see any
Witness—I heard a noise, sir.
magistrate—That is no answer to
I shall put it in such a manner the question.
to say aye or no to it. Did as you will require
fighting in Thoms",, you see any person
public
hours of one ic•house on Tuesday,
between the
__. _ and six o'clock ?

....,....
Witness—l heard a noise, but I paid no attention
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.
Witness—l ask you that question ; answer me.
Assessor—You are put into that box as a witness,
and you are bound to answer any pertinent ques-
tions, and I consider the above is one, and if you re-
fuse you are liable to be sent to prison.
Witness—Striking of hands is fighting.
Assessor—l suppose that you mean that fighting
is when one person strikes another !
Witness—That will do now.
Assessor—Do you understand English
Witness—Perfectly.
The Assessor again repeated f thethe
cieuevcs'tiitonness whichsaw
the magistrate previously
any fighting, to which he retpuurtneld the sameanswer.
the ques-
tion,
Ase,sor said he would again
The Assessor p
at his (witness's) peril to
refuse
Witness
andt
to
answer(n answer it .
weer to the question)—Do you
want me to tell a falsehood? I cannot answer the

question.
Magistrate—Then you will go to prison.
Assessor—l 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-ex mine 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.

Arnaziah Goodwin has just died at Lyman, Mr,
United States. He was 100 years old. He fought in the
great American tevolution, and was preent at the capture
of the brave and unfortunate British officer Major Andre
who was hung as a E-py WashiD atm. —4 me? ican paper