The Sun.
London, England, 1807-01-02 00:00:00

CA X 4JV, Dnc, Q.

may.

i,.°'

This d3y the Special, Commicssioa fur the Trial of.
" The Thresliers" vt")s opened here by Chief Justice
DowNr....s an 1 Baron GEORGE ;-.-when tlu Grand Jury
were .sworn in. -
_• . _

• -The Chief. Justice, in addressing the Grand
Jury, explained the .nature and objea of the present
Commission; that it imposed: the same duty -on .
them as that which they had to discharge at the
ordinary Assizes; that peculiar circumstances- had
called for their attendance at this inclement and un-
usnal-seaion of the prat. But, though the ,public
peace was much disturbed in some other,.counties,
that ft om the aaivity of the Magistratea in suppress -
Mg these disturbances, 'and the chara6ter and,np,-
pearance of the prisoners, they had as yet made: but.
small progress in this. He them mentioned, that;
the law had made the strongest possible;:provi'sions
against the offences which . the present Comatisakqo
sought-to enquire into.. Tlist-progress of this . cpm
mission had already shewn .the snflitiency
Law to put down these disturbances; for ,tkat,
wherever the Magistrate's had exe"reised their autho-
rity, these conspirators had hod befpre them. ...There.
had not been an instance where their eflbrts.had not
been effedual. This confederaey-, his Lordship said,
subsisted only amongst Clue lowest of the peoplei
who had. forsaken their industry for those ,tumultu...
ary asseinblies ; not a single man of ilistindion bad -
appeared amongst them. Their avowed °Ned- was
the deStrudion of the Tithes -of the. Establialted
Church ; and to take from the Roman :Catholic
`Clergy the dues which they are accustomed to re-
ceive for spiritual advioe. That' this confederacy'',
was levelled •at the ,eftistence of ..religion, and all
order and public tranquillity,to be changed,for atiar-
chy and confusion, did not admit of a doubt,' They.
assembled in cumbers; and disturbed the.iripeaceable-*
neighbours, assuming aliame, whichadded, to. their
badges, was calculated to strike terror. They :de-
etroyeci the property of, and. inflicted cruel toefures
on; those who ‘were tit, to join them.; audit"
one instance had-Consummated their Wickedness by
murder ; they administered unlawful oaths -subver-
sive of every moral duty. Those evils, however
great, were within the reach of the law ; there are'
Ads still in force which give power to MagiStrates
far suppressing tumultuous risings and assemblages ;
mad those assemblages, in taking namea., and wear-
ing badges, are high and punishable offences, even
though they do •nothiag more-4rocuring. them
horses, arms, or ammunition, &c. and. joining them
even by threats, is illegal ; and administering un-
lawful oaths, and submitting to those assemblages,
isiamishable with death : even though a persowbe
eanipelled, he is not free from the-punishment of
the law, unless he give information to the next Ma-
gistrate, immediately after, and give such evidence,
us shall demonstrate the fa& of his compulsion.—
Malstrates are empowered to call on all subjetls,
and also the-military, to oppose such unlawful afts,
and are indemnified if they kill. The law also au-
thorises them to summon before them those whom
they have reasonable ground to suspect; and if-they-
ofuse to answer upon oath, they have aright to com-
mit them to prison by the White Boy Ads. - As to
the particular' office of Grand Jurors, the Chief Jus-
tice said he had not any particular objea to .point
their attention to; but though he bad the highest
opinicin of their aaivity,-he called upon them to
eicise their duty as .Magistrates with energy, and no .
doubt but their pains waul2. be rewarded by the tran-
quillity of the country. . ,

Prcincii Donohoe indiaed-,,for that he, on the Bth
of November, 1..806, :Mucklough, in the county of
Cavan, did MotTiOnSly; vilrully, and contemptu-
ously., administer -an -oath to one Gorg9'.l.liontai-:--
"-that he, the-said: G. Thames, woolOicis-olte his
-
tithe from a proaor 5 nor discover,:,tipi: P-iVe ;evir-
denee of a ce:tain associatinn.or brotherliOa_ called
or of a Brother Thresher. ". Pliiadeci Vol
Guiltg.' • • - • • • •
- The A.TTO-RN EY-GENERAL then addressed the.
Court and .the -Jury in an energetic speech, and
said, he did not feel it his duty very much at length,
to state the grounds on which the Pr-isoner was ar-'
raigoed ; if this Commission hart, tor- the first time,,
been opened to suppress these tumulttious meet-
ings„ he Would feel it necessary to go into them much-
sore atlarge. He said much was necessary fbi'
the purpose of giving confidence:. to the.clishearteu-
ed ; much, to givevroteaion to-thelcyal,part of the •
community ; mticli;,to confirm the croratil, and
give energy:to bring hotne punish: ent-to theg,,,silty. -
He had the satisfaction to say,. the-laws .had -asserted
their own dignity ; and the enliglitited and dig- ,
persons who presided, had made -the laws
lvell understood in every-part of the country they,
came through. Jtutes need not go into a partial
-
far detail in all parts.:a the country; the people
were• aVrare of the sufficiency of the laws and their.,
rigour. Lamentable. as •it is, he wished it to be
beard by every one, tb-at in the progress of the.Coni•
ia-iission fifteen persons.' have answered With their
lives for their crimes-; and nine were doomed to ex - •
ile .from their native land, never more to visit that
country they have disgraced by their-wicked exam-
ple. He then mentioned the sufficiency of the laWs
to protect the innocent and punish the wicked 5. that
they had been able to= assert themselves; and 410-
thing had been done-but under their sanction-- -that
persons have been taught that- the natural progress',
of associations of this kind is, that thougb.they.corn-
silence in the morning in an innocent.enterrise, the
sun Sets upon them covered with guilt, bloodshed, and
Murder. Ii said, that the Prisoner stood inditled for
being of an association called " Threshers," and this
was a capital crime. That the oath was contrary to
the laws of God and Map—violating all those ties
that bind society together—and • tat .nia refleaing
being could feel his conscience bound by such an
oath. fie said, it Was astonishing that an infamous
profanation of this kind should bind 'any man to
rolloW the behests of an unknown leader. If a
man is called upbn by the laWs Of the land for an
oath, it is to depose as to what has been, not -what
is to be done. If not by the law,- it' is to bind him
to some well ascertained duty. Bat here, to give up
bis conscience to an unknown leader; and that an
oath administered by na anonythotis ruffian is to bind,
birn, is a position so inonstrouSitii strange it could
have found its way amongst the most ignorant" in
stciety. He hoped that*.no man would make .a

.. . - .
promise with hi.s conscience; bat hotvever pai'nful
it might .be, he woyld.bring down the tteugean(.-e, of
the latiftipOn'a niau of such description as Was then
before theth.
The Arronszev-GENetkt. then said, how 'happy
the Govrninctit would feel, it' no tneasres of a
strongei ithiure Would ' be found Pece'saary ;, ;Mil
coueluded by addingt hat' he wished it to be YnoWn,
genet:Ally; that whilst .in individual date. come for;
ward under these unlawful leaders, the
,arm of the
law was still stisperided.oVer them: '• '' ' . •
Proseez<tor, G,:orge Thbmas,' ciamined t:y ' the '
SOLICIrOII-GENERAL. .
4 •
Wittiesfilives near Ballyeonnel ; holdS some land;
recol «,
..the Bth-of. Novethbil- last ; was in bed;
wl 4,- 7- ine.li came, with white" shirts and scarfg.
'I , 1 ' etOtked at his door; and' threatened, if he
did not open it, to smash it, He got up ; his wife
being ill, to pievent poise, he let them in. The Pri=
soner told him he was Cdptit in 'John, the Thresher;
from Castlebar, who' came ,to see him. is certain.
the was orie of theM ; ' knew him near"
twenty years, . Ile was the ,spokesman ; ho Called
for a -book,. to swearbirn never:to take tythe from
a Priiaor. Witness told 'him` Lie should not swear'?hilb,: as he would net take an uplaivful oath. They
threatened to slay ititti 'with' iron bats, which they-
carried: i The-. botik.;.:Wai handed to 'him. -They
stood two-. men 'deep; the. hindmost man handed:
him the book, And the
.Prisoner gave- le into' hiS
hand. Priioher- proposed the oath : " that he would
never take his tithe ;from any btu the. Rector, and
would hot prosecute i Thresher, and would be true
to-their laws." - He-stiti he was a Protestant, and
would be so till his `death. Witness gave back the
book, and said be had no further call to them. He
took' the book- in bishand, but did not kiss it.. Did
not-take-the . oath; neither said good nor bad,. but.
returned.' thebook'to them: ' Did 'not refuse to take .
-the-Oath that he would not take his-tithe from atty.'
but the itthot. He. 'that gave the . book 'repeated.'
the Oath to him ; theyordered him to go to church 1
'with white-band and scarf- called fur the rest , tO, I
slay -hint with iron bars. it' was at this-threat he..
took.the bocik. 1

1 ,
To' the'Betich,—lt was a wet • night, but some
stars Wer&getting up -; they came.'about..twelveor
one. Made no,inotion to kiss the book ; does not
know whether they thought he kissed the 'book or
not i was not a great distance from the.hindmost
man ; had no candles; ' had- the book in his hand
when the oath was administered. - They went away
well satisfied, although he did not kiss the book .; and
said, that all.they wanted 'was trot to prosecute a
Thresher. He wanted them to come in ; they would.
not. Thinks they might see:that he did not take
the-oath. . They did not threatenany force after he
gave back the book. - ' - .
Cross-examined ly Mr. Teemino.
Is acquainted with Prisoner -twenty years,
.and
lives next land to' him I knew him well. 'Supposes
Prisoner thotight witness knew him, being his
neighbour living on next land; be told him he
was Captain John Thresher',.. from Castiebar. He
was handed a book.- Would not -take any unlaw
ful oath ; said, if he did, he would not keep it,'
by virtue of his oath ;' he did return the book,—
Suspe&s they keew he did not take the oath.
Thinks they were in a hurry to gO away ; does net
know whether or not they knew he did not take the
oath ; spoke loud enough for 'them.to hear his re-
fusal. of the'oath. ' 'lley did. ask him was he a Pro-
testant. Supposes Prisoner-' knew he. was a :Pro-
testant.fqr twenty-years.- Prisoner. was going to pht
the Aoan Catholic oath to him,, bit the others
wouldm not let him ;, when _he refused to .t:,ike.,the
oath, they threatened to slay him with bars ; and,
Capt. Carder, after he was threateeed, took: the het*
in his hand till the, oath was repeated ; and ..it was
-after refusing to..take the,oath .they went, away sa-
tisfied.
tisfied Thinks they went ii-untediatelyAer retnsing;
does hot con:Sider himself as,-having. taken the oath ;
did not
.at the timehe took it'; „thinks ,he.did not
take it,; was in habits of intimacy. for 20 years. with
the Prisoner. It Was light, and he had no di,..guise ;
does,not know how, he came to pass himself as from
' astlebar; ' though WitnesS kneW him'. Witness:.
said be Would not keep the oath; baeves they were'
in a hurry -to get away ; did not repeat the oath
after 'them ; they had light sufficient to see lie did
not ; : did not consider he had taken the bath When ~
before the''Magistrate.
Counsel for the Crbwn. having
,relinquished the
Prosettlitiori;on this indictment, the Jury dee:ll/4ed,'
the Prisoner 'under the dire ion of the Court.

Second Indietmcnt under 27th of the Earig..-6fh
•Sec.-=Tha"t be, Francis- Donbhod iiifthe l3tli
Nov. tender an unlawffil oath, &c.

Prosecutor, George Thiimas, examined Zy the
ATTOR-NEV-GENERAL.

Knows the Prisoner (point~ him out); remembers
the night of • Saturday sth Nov. three persons come
to his house; did not. know'. 411 the persons ; the
Prisoner was one of them ; from the darkness of the
-night he cannot say more; cannot. be positive the
Prisoner put a book in his hands; cannot be positive
from the clouds of the iii fit; but to the best of his,
skill and •knowlejge—(the' Bench and Attorney.
GVtieral having insisted on 'a dire& 311Sil'Cr way.
or other)—AN itnes _cannot be positive, being in the
might.; cannot say.farther than to his ykilland kpow-
ledge:—Prisoner

. .
Witness, by request of the ATTORNEY-GENERAL,
-was cominateci froncthe Table to the dock; having
'sworn positively before, the 'Magistrate who, corn-
mitted him (Rev. Jos. STORY) " that.the Prisoner
had given him the book,.and that he'did, under the
direetions, and by the threat's of the Prisoner, take
.theosth.."

The Indi&rnent having been found by the. rand
Jury, he was immediately arraigned, . tried, and
10mi1:I—Guilty of Perjury.
Baron GF4AGE, having made some remarks'on the
nature of his crimc,.sentenced him to be put in the
'Pillory, and afterwards Transported for seven years.
But, at-the request of the ATTORNEY-GENERAL,
that part of the sentence respecting the Pillpry was
rescinded and he was instantly sent off " out of the
Dockfor Dublin, to be put on board a vessel which
is on the point of sailing.

This wretched man said, when he was called "on
to plead, that he was afraid, if the other was con-
viLaed, that he should be murdered.

The ATtoßtihy QEN 4it 41, having'deelined to pro-
semte the other three that were in custody, the
COnunission closed.

1\1://t,1S1 Mov,n

1 A person answernL2 the dew-4)14)11 of Robert
Johnson, who ; . of the murder of. Wm.
:BEGBiE, haS been ohsei'‘''ed at the South Shore and
at South Shields dnring the last week. He changed..
a Duriaber of notes, ,was aecok»panied by another per,
son, and had a handkerchief: syrapped round one of
his hands:
•

->. .
On'Thutidayla4 the wind blew a Perfeel burr--
'cane from the. West, In this town several chimnies
Were blown down, some hooses partly unroofed, and
'two.or three per,ons severely hurt by. the falling of
l;tic,
&c. In the neighbourhood several out-houses;
Cottages, and trees, were,levelled ,with the ground.
The great Circular- west window in the tower of
North ShieWs church was blowu in, doringthe time
of administering the holy. sacrament,. to tie no small
terror of several of the communicants: The .organ
'stands.near the
.m.sindow, and was in imminent,dan,
ger of being.overturtied:- 00d dashed .to Pieces ; but
immediate assistance -being:-had, prevented this ef-
'feet At Berwick the storm was equally dreadful,
nmch, damage in that. neighbourhood. Ope
sloop 'was seen to sink in the Fair Way, and another.
'to drift off 'to sea diSrnasted, which s'
afterward
foundered on the Staples, where it is feared all hands
have perished.
. .