The Sun.
London, England, 1853-09-22 00:00:00

CHARGE OF CONSPIRACY AGAINST
MRS. KELLY.

Mrs. Kelly, the lucky inheritor of upwards of 500,0001.
under the will of her husband, was brought up to Capel-
street Police-court, Dublin, on Monday, on a summons
issued at the suit of Mrs. Dease, the heir at law, for
conspiring with Mr. C. W. Champion and Mr. J. R. ,
Malone, to effect the destruction of certain documents
which had been put in issue in the celebrated
cause of Thewles, now Dease, v. Kelly. Mr. Fitzgerald
stated the case for the prosecution, from which it ap-
peared that the letters had been deposited with a
Colonel Smith, who had been stationed at Athlone, and
who believed that they were documents belonging to
Mrs. Kelly, but which Malone would not give up until
he was paid a sum of money due to him. Since then
Mr. 111'1%1-ally, Mrs. Dease's attorney, had put himself in
communication with Colonel Smith, who was living at
Clifton. He would have come over to give evi-
dence, were it not that he was in a very delicate state
of health ; but, as he did not come, he did the next best
thing in his power to facilitate the course of justice—he
gave Mr. M‘Nally several letters which were in his pos-
session, and which had been received by him in 1847
from Mr. Taylor and Mr. Malone in relation to the giving
up of the letters. Theyall bore post marks, and distinctly
referred to the negotiations which were then carried on
between Mrs. Kelly and Malone through Mr. Taylor
and Colonel Smith on this subject. The learned counsel
then read the letters, and went on to say that Mr.
Taylor had been authorised by Mrs. Kelly to give
3501. to Malone, for a letter authorising the destruction
of the letters. The authority was actually written by
Malone ; it was dated 19th March, 1847, and would be
produced. After it was written it was deposited with
Colonel Smith, who was to give it to Taylor on being
paid 500/. ; but Mrs. Kelly having then refused to pay
more than 3501., the document did not leave the Colonel's
possession. On the 6th of April, 1847, Mr. Taylor wrote
a letter to Colonel Smith, in which he stated he had great
difficulty in arranging matters with the parties in public.
He inclosed a bill for 3501., which he advised Mr. Malone
to accept, and this course would keep him sweet in the
event of his being examined. That bill, which was
not accepted, would be produced. The next day
Colonel Smith addressed a letter to Mr. Champion's
office fair Mr. Taylor. In this letter he said the letters
immediately
sent, be given up if the money was not
sent, and that be could not consent to any bill signing
in the transaction. Having given some further details
of what took place between Mr. Taylor and Colonel
Smith subsequent to the 7th of April, 1847, the learned
co u
notns e t
oc oonvcel
rusttl
ae dt e
ibyri observing,any particular
he evidence i d e beenne
e care-
fulabout
to be given. The proofs, as briefed to him, would bring
Mrs. Kelly fully and clearly into connection with all the
steps taken to procure the destruction of those letters.
Several witnesses were examined, and the proceedings
were adjourned.

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