The Sun.
London, England, 1813-08-28 00:00:00

GALWAY ASSIZES.

The King, at the Prosecution
,of the Bight lien. I).
L Daly, against Richard Martin, I:sq.,' •

This was an information, granted by the Court.
of King's Bench, which came on to he heard at
the Assizes fcir the County of the Town of Gal-
way, on Friday ,week, before the lion. Baron
111‘CLELLANn and a -Special Jay:
Counsellor NoRT/1 opened the information,—
The first Count
pts, for Mr. Martin's endeavour-
ing to provoke the Hon.l). IS Daly to fight a
duel—the second Connt was, for provoking to
fight a duel—the third was; for provoking to fight
generally—and the fourth Count was, for provok-
ing and challenging.
Mr. BOYD stated the case on behalf of Mr.
Daly.
Bight. Hon. J)enis Bowes Daly examined,--Wit-
ness is acquainted for many years with Mr. Mar-
tin—witness is Member for the county of Gal-
way—witness recollects that in the timer end of
September last, a Gentleman from Mr. Martin
called on witness and said, that he had letters con-
Wiling a Requisition, he prodaced letters to wit-
ness, but did not read them—witness said, (in an-
swer to a question front Mr. Whitestone) that
he did not recollect that Martin ever afterwards
recognized the Message.
Mr, WHITESTOKE then objected to his giving
evidence of that Message. _

•
Witness saw Mr. Martin on the Saturday pre-
vious to the Eleetion—asked witness if 'he had
any objection to go in With him to Mr. Hyacinth
Daly ; be there stated that he had a call upon
in consequence .of a claim—he said be was ready
to refer the claim to Lord Moira—the claim was,
that I should either resign or prevail on my kins-
man, Mr. James Daly, to resign—Witness objected
to such reference—Mr. Martin then said e' will you
leave it to respectable Gentleman of this county,
Mr. Christopher Dillon Bellew Pt Witness- said he
had a great respect for both, but did not think
Mr. Martin bail any claim ; but witness- uskesi
Mr. Martin, if be thought belted any claim, to
put it down in writing, that witness might have
time to consider, for that the election for the
town was then going on, and witness was a can-
didate for Mr. I'onsonby, as Mr. Martin wits for
Mr. Blake. Mr. Martin then put his claim down
in writing witness took it, and lookot at it, and
said, when he should have time that he should
give his answer. Witness anti Mr. Martin were
then in a hurry. As soon as-the poll *as closed,
witness looked over it, and went Out to see Mr.
Martin. About nine o'clock a messenger came to
desire an answer—witness said, he would meet
Mr, Martin wherever he would appoint—witness
meant no hostile meeting—the Gentleman was.
polite enough to say that Mr. Martin would come
to witness, and he came in a few Minutes. As
soon as Mr. Martin came, witness handed the
paper, and said that be had considered it and
did not see that Mr. Marti» hail any claim. Mr.
Martin said, a hail you not better take tittle, and
keep the paper ?" Witness said he would not. Mr.

• L{S, V • Vrpt:ln. I,lr.
Martin then " if you won't refer it,`~cill you
fight me to-Morrow morning Witness said he
would not ; and then Obseryed that Mr: Martin
himself had before' refused s.cb a challenge, be,-
:tuse he would not commit the cause Olds con-
stituebts. Colonel Martin said, 4‘ will you fight
after the Election ?" Witness said he Would make
no agreement. Colonel Martin said witness would
repeat, and would nut stand the Election three
days.. Witness replied, that' it so, Mr. Martin
must.know the county better than witness. The
requisition of Mr. 'Martin was in substance the re-
qinsition brought by the Gentlem.in echo had•be-
tore called on witness. •

In I SO6, 'Air Mitrtiii voluntarily promised to I
support witness., and in return witness said, that
he never received an. obligation whicb hi;shotild.
not remember. At the subsequent election,' souse-
thing unpleasant stopped Mr. Martin's freehold-
ers, witness declared for him at that election and
said, " Mr. Martin gave me his support volun-
tarily, andl am to return it if. can." Witness said
that he had no political influente with Mr. James
Daly. • -
CrCss-examined by Mr. Wtt ITETONE.--Witness's
friends were good enough to give witness some in-
fluence in the town, Witness did not conceive
that Mr. Martin had any claim on the town—wit-
ness bad but one freeholder in the county in .180&
—witness said Mr. Martin had a prodigious num-
ber of freeholders. 'Witness meant to requite
him, and meant to assist hint in the' county.--
Witness said he believed Mr. Whitestone would
do as much as he could to lead witness astray,
for the benefit of his elient.—Mr. Whitestone
replied, that Mr. Bowes Daly would jockey
him there. Witness said 'there was no reason why'
he would have pinned. htinself, when Mr. Martin
said that without any condition be would support
witness. Mr. James Daly'had on a former occa-
sion declared that he. would not stand for the
county.; witness told this to Mr. Martin, but wit-
ness was -no more bound by that expression than
Mr. James Daly. Wi/ness did say that he would
'sooner yield himself, than -that his •friend should
join to turn Mr. Martin out. Before witues4 bad
the interview with Mr. Martin, it .was proptised
to witness to meet hint once ; the Gentleman 'who
came from Mr. Martin said, " 1)0 fight him, or
he will abuse you wherever he meets you." Wit-
ness don't venture to soy that Mr. Martin autho-
rized that Gentleman. An idea was afloat that. a
meoting-wiis intended. Witness dou't recollect to
have said, " I ant a man of firmness,-and will meet
Mr. Martin with a clear conscience. lirituess,
don't recollect. to have given hii-band to Mr..
Martin at parting.

After M. WurresviNp,, on behalf of Mr. Mar-
tin, had cross-examined Mr. Denis Bowes Daly,
Mr. Martin stood' up for the purpose of stating his
own case—and, independently of the privilege of
every man to act as his own Counsel, he relied on
the right which he' bad as a Barrister of, older
standard than the other Counsel in Court:• But
the Learned Judge 'refused to hear him, except by
Counsel, inasmuch as he had .cross-examined the
witness .by his Counsel ; and Baron* M'CLELLND
rested on the authority di Lord Ellenbottogh, that
in no ease'can a party belteard in the same trial
by himself and his Coonsel.

Mr. WityrEsroNE then stated the case for the
defendant.- - • . .

The Learned Judge charged the Jury, and ob-
served, that the • Counsel for the defendant vas
placed in us arduous a situation. as ever be loin
known, when he had to endeavonr to make 1.4 case
against the evidence of the respectable Gentleman
who prosecuted. After paying the Learned
Counsel that attention which every thing urged
by him. peculiarly deierves, the only ground which
he could find upon which the statement of the
Counsel for the defendant relied, was, that a re-
port was afloat that lair. Martin Would provoke
Mr. Daly to fight, and that Mt. Daly had anticii:
pated Mr. Martin, by offering a meeting. If Mi.
Daly, in expressing his .readiness to •meet
Martin, had intended a hostile meeting, such a line
of conduct would have been highly diSereditable,
in comparison to the line which he Mid pursued. It
appeared from Mr. Daly's evidenCe, that he bad
acted nobly ; he deserved the highest credit ; and
it was to be hoped that his example would .be
followed by,every, man who was a well-wisher to
the lows of his country, and to the peace and
good order of society. If Mr. Duly had fallen in
a peronal Conflict with Mr. Martin, the lire of
Mr. Martin would have been forfeited, and the
trial for his life would have taken place of the pre-
sent information. The Learned Judge' then in-
stanced a case which had recently been tried in
England, where four Gentlemen were capitally
convicted of the murder .of their. friend,' who had
,fallen in a duel ; they had been sentenced to be
'hanged, and it was probable •that three of them
would suffer. , He hoped that this formidable les-
son, and the noble example of Mr. I). Bowes Daly,
would have weight in putting down . that barba-
rous custom.: The Learned Judge then recapitu-
lated the evidence of Mr. I), Bowes Daly, and told
the Jury it was thew duty to find a verdict of
• Guilty. If, however, they thought that Mr. Daly
bad first said that Mr. Martin` should meet'him
in a hostile way, they would be right to acquit Mr.
Martin.

The Jury, after retiring half an hour,ihronght
in a verdict of Guilty.—(From the Galway Chro-
nide)

. Mtlanatt-Pridity, the 6th instant, a barbaro'us
murder was committed on the body of Martin Cul-
sack, of Glandree, in the parish of Tulle, in the
county of &this,' by Darby Reddan and; Michael
R4iMan, brothers, residing in the same place.
About seven o'-,.Plock on the evening of the 6th,
they entered the garden where Cusack, the de,
ceased, was at work during the day, and violently
attacked him with a spade and pitchfork, and, af-
ter inflicting a number of wounds and fracturing
his skidl, they fled, leaving him apparently dead-.
Hie UM, a lad abont 18 years old, who was a me-
lancholy spectator of his father's murder, would
have slowed the same' tide wefe he not preserved
by the liberal protection of a woman, who spread.
herself. over hint when she saw the ruffians ap-
proach hint. The deceased was imatediateli taken
into his own house, where he lingered a few days
and expired.' In the mean tiMe, his murderers
absconded,

1130W-SiIIEET..-011. NVedtiesday an application
of rather an extraordinary nature was made at this
y°lerlacres.offalgel,"'iulcall.slitc:ets-tlantackder l'lblyPttidet:' .atilteeis"Yc7:l
offering trysurrender - himself into the Watts oil
justiee,.conceiving himself to deserve punishment,
as, much as tile late atrocious illitrclere,rs, On lii.,
biting. called ,upon to explain 'the nature nf till
offence, he stated; that about • forty Setts slaof
When he was tits • apprentice, it girl proved pregl
nan by,hitit, and to prevent• the dilliculties4
1-vould bring him into, and the .41virtv... and pro,.,
bible ruin upon the girl, be administered to I;e7.
some sod to cause an abortion, which hilt tli
ileSired effect ; the girl htli*Vived; hut he 41 lic't
marry her. On his being asked what had beconi
of her, he replied she was dead. Ile -said la 1,,e•
married another girl, and they had seven 010'4'11
his wife and they were all dead.---On.ticcount 0,
the great number of years when he stated the..;ir!..
cumstance to have taken place, and all.thepartlel
who could prove any of the circumstances :Wig
dead, no notice could he taken of his confession'
and-he was advised, as the best atonementhe
could make'for the crilue be said he ~ had.cotiaait'
tett, to live a sincere life of repentance for Orr
.ntainder of his days, which he promised to ''
He had no appearance of insanity..
UNioN,IIALL.--John Smith was Yesn''',4ll
Olive's char
t.iiiitabrgyeld?ribeynd,•the night constable d ''.;
sisillotplinelaßnoi rough, in aWirleOSSPeeee"ll:l)l)lleoyCblele: Cliii:.°.:dil.
sums of moneyithtaik' having;
nign the shop. The pror. 0,
tor stated, that he had for some time past, ':,t'vj
money, which he could not account (or ; 1°..;;Irl
, robbed hint of 001..
his. suspicions attached to the prisoner. 11'6,',1
not, however, detect him.: lie consulted V''eii
on the subject, and, in pursuance of a plan 4:4
on between them, Friend went to the sliar-ii,e
yeisterday morning, and piirchased g9ods ,(11t1
amount of thirty shillings, paying the In'','",,lsif
for them with silver, Which lie' had pres'°i,,,i
marked. Soon afterwards the prosecutorioal iii
been agreed on between them,. examined prosecutor,`!
and missed some of the marked money. I:' it
was sent for, and, on searching the prionejr;
wee found in his possession. Ile acktiotrle
having taken it, but said it was his first den'...
He was fully con, witted for trial. • kilt
were bro 4 Nu
-g.Gh ti‘ iluDpE,
1-Lvry
parnes,of Sltaav and lthinSfeld, with sevend°ltiii,
--charged with unlawfully asacmbling at a i1°11,,0.
ti.-.—Yesterday two men/ i11r4,.
Kin-street, St. Luakieu'i's',ltitourietrhue'cil:ttirj:::e3lolll:::
baiting.. The officers who apprehended the." 'I re,
that, by inrormation, they wept ti) the 1°‘)11111tis
miSes, where the prisoners anti a great tuall'ily to
werassenibled.,- with a number of dogs, Or into
icbietsgtiondtyl,tesport. They took the twols()1111 Or
and vagab
dogs. The charge being made out agltin loot
and Mansfield, they were counnitted as r0,,,i1.
withmo
.ilgeorl:
MANSION, llousa.-,--J. Hopkins tval
,c,i`i iii:t
being; the owners of the bear antishoo
appeared, went to the shop n) tits shop
(I'.el'iairt ofi
falsen: uh,ico- f°pPGtilruetaenresil'iel
csellel'ise(u).rfi: c
l:butter,its,ieitiietettei;(l;lll:lll.cflerreii'i:il;
irse o '
r tree.boti
week, and obtained four pounds of
name of Mr. Cote, of the Abingdon -I) la , 111th
W" which' he got clear oil. lie Y.(4.te„r:‘':tocati'l
ing went again to the same sbl.ll/1 -liar''".'Ilir Pre"
lour other'pounds of butter, Ila"r 'lnilil
t.enee ; but• his former -delimittencY ,
Ito or'''
discoverer!,
he was followed and taken u.,t o,e
04.-1\ I r., Cole t 1 1
tt..tent.et., and deposed,
,worig
prisoner hail lived one day in bia.serviecooola
oL given him no authority to
account.--The
which he had borrowed Money of evry' 1,,,11,1
the option ofget h1°..,,01r.
the house, ch°tll-tter in tsllf,
and on • the next he abscontlo. 0
vir
h. 1. '
going to sea in his Aloje'l., lic
vice, or being
preferred time former, and, was Sent qii °
tinually .
prosecuted and
..........70...•••••••••••••••••••..." , IreC Or
y.gpifotti,earati.ll:eeittlilii:(litti.gitieslee:igsrt.leieill:s'itati,ll.o.eitekanifilli(olll,lllgt:tanc(ihi)tltlfniloeilvtiisissitig.i:llieji..,:titrlplitt)Lwsil.eftott's't°eatbtititieeißiuttlateis:Dcliyect.deilast:lN,esieb)l.rtfoti‘ilvotAerpyatairlyire
i‘d`tiii!'iiiii:3;:;'l,!oll:6oob.,tiolti'lll4i'
..,.
trosportetartio
.11_ lads. It came out on an inrestigat".:(l re's..
genteelly, who are continually larking 31,!°'' otti'
parents. should
tiocsi lostieioboatl:li!linte::: 1
jrns:iell,‘„iti t,,011:1,111, :I f
tair:iii i
borough-.street ; and es the' other ivict -ate'
11 er.leauyurni.r.%liu.K,
!tended.
On the 23d inst.; at ;ertithilittlhie------Itady of CaPta.a ''i
i lluti
thcWstiltvhire Militia, of a Log-liter ill''''
Frederic in Ilerkeley...s;aure,
• . I' ul Varenclilh, .Est. of a thit,..........
ilt,
0 n the nl' t.; MARRIED. .. .11444°..:10
s_, inst. at Lissaiki the .Rer.ltoheil:cilgt::„
:seit!t;site,i7- or
,the Lord Bishop ot Down, to I,llrie,e,lia
I f„,-,„, •,,l'ung"st daughter of the Right Hart. J'Tiitalite,
Hari hi • 11 , •• 1 lti- la $
the, en, ite.;.. e, curt' clomoi ti, mi. ~„
Lie_len, - piotent, to Inner, second thitiglite,
u ant-tieneral II tl .t 1 fS • lt n
. --------.—_____ C tent. 1, o . con 0. .
the
Ill.! ''• ,
" -----'------- -,,,ti,,

-
On Wednesday itt'stg,
___On Sunday' ereni-inw the42ldMilit'irslt.. John Base, th6C.'--
W00df0r....,A in the s'Jth year othis age. • Fill' 0 P
Ou Monday last, 1 tai 11 Master John Ravel , 00
rot.
nionsorl, Esq. aged at years.
r , , 1g
On the Vial inst. at iir . vi b Mr. F aneis'S°l°l '
of the General Excise-Qflieeet n'LL:ton. ; c t 14fr,ii
at his'
house' ;Linsb-hill,. %.'ll ix
A man, of 'South' Cadim'rv, wil" was "wait."- 41.61'1J`,
Water, on Tueiulay, to give evidcnce on a tii,d• a'''',Vil:, ot 34 '
suddenly in the straet, and eN pjfed, lie 5k..3 ,5:, Yt
ei itd suhject to a. dropsical emoplaint.

•
O.
shti
1),
s,Ns,
atint:‘,eii:artate,ecltdo.
.....
......................................
... ,d

PRICE OF • STOU
Bank Stuck,
Navy 5 per Ct. 87 BC 87i 81
Irish 5 pet Cent.
4 per Cent,
3 per Cent. Red. 5710
a pur Cent c.ms. &Wit
Bank L. Ann. I4i
India Stotk,

.....
81:S1-1:113/AY.
India floods, lg.
South ,ko.Stixl‘,
old .‘mt.
mti, as. pr. PO
1,,wel
Ontnittist; 611 61,4
L9,lPeriat 3 per CCltt,
"to Ato. 5.111t10
Cans. tin. 101 Oct. 471-il