The Sun.
London, England, 1824-08-11 00:00:00

CRIMINAL LAW OF ENGLAND.

The REPonr of the SELECT COMMITTEE of the flotrsE of
COMMONS, appointed to consider the cxpedicnei of conso-
lidating and amending the CRIMINAL LAW of ENGLAND.
The Committee having called before them Anthony Ham.
mond, Esq. of the Inner Temple he submitted to thin the
Papers marked Nos. 1,2, 3, and 4, which form the Appendix
to this Report; and having maturely considered the same, your
Committee came tothe following Resolutions :-- •
1. Resolved, That it is the opinion of this Committee, that
it is expedient that the Statutes relating to the Criminal Law,
should be coesolidated under their several heads.
2. Resolved, That the Chairman be directed to move for
leave to bring in Bills, pursuant to the above Resolution, con-
solidating the Criminal Law, without any amendment or :the-
ration.

3. Resolved, That it Is expedient that certain omissions and
anomalies in the present state of the Criminal Law be brought
under the consideration of the House, with a view to remedy
the same by Legislative Provisions.
4. Resolved, That the Chairman be directed to move for
leave to bring in Bills, supplying such omissions, and remedy-
ing the existing anomalies • such amending Bills to be wholly
distinct from the consolidating Bills.
st Et HAMMOND'S GENERAL STATEMENT.

The measure which I have the honour to submit to this Corn-
mittee was projected by me several years ago, since which
period 1 have been occupied in bringing it to that complete
state at which it has now arrived.
The measure contemplated has two distinct objects, Ist, The
Amendment of the Criminal Law ; 2d, The Commlidation
the. Criminal Law. And so entirely distinct in its nature is
each proposition from the other, that the propriety and practi-
cability of each must b?, considered isolated and by itself; nor
can the rejection of the one involve the condemnation of the
other.
And First, as to amending the Criminal Law.
Ist. Every person performing an action, not only attains
sonic end or purpose; he employs certain means for attaining
it. Now the law, in defining what actions shall be criminal,
makes a description of the means employed a part of the defi.
nition ; so that an action attaining the Immo end with one de-
nounced, but employing different means, though equally re-
prehensible, yet, from not squaring with the terms of the defi-
nition, is not punishable.
To illustrate this doctrine by a single instance : The end
which the successful forgery of a will attains, is to divert :pro-
perty from that channel in which either the deceased proprietor
intended it should go, or the law itself would have directed it.
The end which the destruction of a will attains, is to divert
property from that channel in which either the deceased pro-
prietor intended it should go, or the law itself would have
directed it. The ends, therefore, of the two actions are the
same; yet, from the cause already noticed, the latter is not
punishable. "
To supply this deficiency, by bringing these omitted cases
within the letter, as they are within the principle, of the exist-
ing law, is one branch of the proposition for amending the cri-
minal law.

Again, to the perfection of a criminal law the rule must be
so framed as to embrace the whole of those cases to which its
principle applies. To the perfection, therefore, of a criminal
law, the power of foreseeing every combination of circumstance
that should be the subject of its operation is essential; a faculty
withheld from human nature. Penal laws, therefore, in their
definitions of crime, are at the first, necessarily imperfect. By
watching, however, the course of events, and enlarging the
definitions pursuant to its dictates, these imperfections might
from tirse to time be gradually corrected. • •
To illustrate this doctrine by the amending clauses of the
Draft Bill, consolidating and amending the law of forgery,
forming No. 3 of the papers annexed ; a branch of criminal
jurisprudence, to which more of the public attention has been
directed than to any other, and which therefore may fairly be
supposed to be more perfect than any other.
The deficiencies amended by this Forgery 11111 are as
follow t

1. Crimes originate from one of two motives ; Ist, The de.
sire of benefiting ourselves; 2dly, The desire of injuring our
fellow.crestures. Motives of the first class are called fraudu.
lent; those of the second malicious, Now, with the exception
of three learned persons, the authorities in defining forgery
make a fraudulent intention an essential term of the definition.
Furgerits, therefere, induced by a malicious motive (fabrica.
ring, for example, •anether's signature to a traitorous letter, with
the view of bringing his life into jeopardy) are not punishable.
2. The ends attained by falsely personating another, and by
forging his signature, aro, the same, and the motive inducing
either equally criminal. It seems, however, to be altogether
doubtful, whether at common law false personation is a crime.
And though the Statute Law litt3 made it criminal in a variety
of cares, yet neither are Ow whole embraced, nor any, u IL
seems, which aro induced by a inalichnot motive.
A 3. n intention to defraud a private individual, and an in.
tention to defraud a corporate body, are equally criminal ; and
the consequence, when 6arried into execution, at least equally
mischievous. Yet from the doctrine that u corporation is not a
person, and from the enanetmenta against forgery frequently
using the term person only, Ibrgeries in fraud of a corporation
are not within the terms of an enactment.

4. Enactments against forgery, in particularising the
specific writings which shall be the subjects of their pro.
visions, designate them as bills of exchange, promissory
notes, deeds, wills, and so forth, seldom addinq " or re-
semblance of the same." Now, as a writing is not en-
titled to the name of a bill of exchange, promissory note,
deed, will, and so forth, where it is wanting in certain
formalities which the law has prescribed for instruments
of the particular kind, it is questionable whether a forged '
writing resembling a genuine instrument, hut wanting In some
trifling formality, ie within the enactment. The. motives
whichinduce fabrications, formal and informal, are the same;
anti the mischief (as fir as the
public are concerned) consequent
on each is similar likewise. Hence, to clear up this doubt (by
making the two species of fabrication equally criminal) is the
object of the tburth amending clause.
5. The act Of passing off the bill of an insolvent, represent-
ing it us the bill of an eminent merchant of the same name, is
equally criminal, and in its. arms equally mischievous with
the act of forging the merchant's signature to the bill. Yet in
consequence of the doctrine, " that to be a forgery the writing
must be false," such offence is not within the enactments
against forgery. To remedy this deficiency is the object of the
filth amending clause.
6. It items that the act of delivering a forged writing to an
cc in order that he may pass it off, is not within an
enactmentaoniple'
icagainst uttering forged writings, "as true." Yet
the guilt and mischief are the same as where the deliverer him-
self passe s it oft: Ilente, to remedy this deficiency, is the
object of the sixth amending clause.
7. The rule, that in prosecutions for forgery, the circum-
stance that the instrument, if genuine, would subject a person
to loss or liability, renders him an incompetent witness, is
agreed by an to be an anomaly, without any foundation in rea-
son to support it. To remove this anomaly, with the incon-
veniences whie it produces is thc'object of the seventh amend-
ing clause.
O. The term order,' in the 7th O. 11. c. 22, is taken strictly,
and limited to instruments which, either from their purport, or
from the authority which, in point affect, the drawer is entitled
to assume, are compulsory upon the party addressed, leaving
him no option to assent or refuse. Yet fabricat an order
which is not compulsory, is equally criminal, units effects
equally mischievous as where it is.
O. That a promissory note may fall within the 2 (leo.
c. 25, a. 1, it must be for payment of money onl, and not in
the alternative, for that or something else. Yet fabricating an
absolute and an alternative contract are equally criminal, and
in their effects ahnOst equally mischievous.
10. A question has been raised, hut not determined, whether
indorsing u bill in the prisoner's own name, falsely stating that
it is done by authority of the payee, is forging an indorsement
within the 2d Geo. It., c. '25, s. 1 ; 31 Geo. IL, c. 22, a. 711;
awl 45 Oeo. IL, c. 89, a. 1. To settle this question in the
affirmative is the object of the tenth amending clause.
3. Again : Of the numerous offences classed by the Roman
law as public crimes, a large proportion were treated at the
first as civil injuries only; and when the alternation was made,
frominattention to the difference between a civil and a criminal
proceeding, rules hitherto applied to the civil proceeding wore
improperly extended to the criminal. Ily a civil proceeding
against the author of an injurious action, a particular person
seeks to redress his individual grievance; and it is reasonable
to reject his suit, where ordinary circumspection would have
made him secure. But to defeat a criminal prosecution for the
self-same act, because the immediate sultiaer might, with due
caution, have escaped, is erroneous, since the object is, not to
avenge his wrongs, but to remove an evil felt by the wholecom-
mutiny. Into this error, however, the Roman haw has fallen,
and the English Criminal 'I
Law, of which the other is the basis,
has followed the Example.

-7170 illustrate this doctrine by the case of fraud :
The rule is settled to be—»'l hat frauds, when aimed at pri.
vale individuals, and the effects of which are limited to a single
instance, are not indictable at Common Law, unless they are
such as would dupe a person of ordinary circumspection. The
origin of which rule may be stated thus : fraud was not recog-
nised as a crime at Common Law till after the statute of the 33
Hen. VIII. c• I. In certain cases, however, it was redressed
as a civil injury at a much earlier period; in those cases,
namely, where ordinary circumspection would not have detected

" The few eases in which the destruction of a will line hecn
mode the subject of an Indictment, are all cases of conspiracy',
and so charged.

the imposture; but in those only, since r;glMnlibus, won dor-
tnientibus, serviune Irgcs. Now, in crimes against private per-
sons, the sufferings of the individual arc what chiefly draw
attention ; and, in Consequence, the criminal suit comes to be
regarded as a mode of avenging his wrongs.
• * • • • • .

To these reasonings, should it be objected.that fraud is now
recognized as an offence at common law, it may be replied, that
the phrase " Common Law" has two diarent senses—one
proper, the other figurative. In its proper signification, it de-
signates that collection of customs made and digested by King
Alfred ; in its figurative sense, we intend those principles of
reason which should govern in the absence of positive autho-
ritY Now in speaking of fraud, it is in the latter sense only
that we apply the phrase, of which the proofs are two; Ist,
the absence of all evidence that fraud was recognized as a crime
antededent to the Statute of Henry the Eighth ; 2d, the inuti-
lity of that Statute, had the, recognition been made. Nor w:11
the single instance—that a common cozener, one used to play
with false dice, is indictable, furnish an argument to the con-
trary : since the frequency of the practice, and the general dis-
position manifested, not any particular instance of defrauding
are the grounds of criminality.
• • •
• • •

Next as to the Consolidation of the Criminal Statute Lam.
In discussing the nature of this amendment, I shall examine
five several questions :-
1 What are the advantages of a Consolidation ?
2 What the disadvantages ?
3 Whether any plan for consolidating the Statute Law has
ever yet been proposed ?
4 If not, then whether any can he devised ?
5 In what mode the sufficiency of the Consolidation Bills is
to be ascertained ?
The advantages of a consolidation are, first, that it brings
under one point of view, that which now lies scattered over the face
of many volumes. Secondly, it wertains the reciprocal influence
which a variety of Statutes, each applicable to the same sub-
ject, have upon each other; a knowledge which, under the
present state of things, it is matter of the greatest difficulty—
nay, often of impossibility, •for the most comprehensive mind
to attain. Thirdly, it detects and reconciles those contradic-
tions and inconsiktencies so constantly observable where a num-
int. of Statutes have • beep applied, from time to time, to the
same subject. Fourthly; by reducing the law to a greater cer-
tainty, it diminishes litigation ; and by • exhibiting a clear,
distinct, and connected view of that law, it enables us to ob-
serve, and observing to supply, those particulars in which it
is defective.
• • • • • • •

I shall now conclude with some observations, with respect
first, to Amending the Text of the Statutes; secondly to the
Papers annexed ; lastly, to the State of the Code, Consolida-
tion, and Amendment of the whole Criminal Law.
1. Much has been said against the verbiage of our Statute
Law; and comparisons, to its disadvantage, have been drawn
between itself and the written laws of other kingdoms. This
censure, however, seems, for the most part, to be very unme-
rited, in that much of the verbiage of our Statute Law results
from the genius of our Government., To explain at length.
There are two modes of legidating7 1. Employing general
terms ; 2. Avoiding general terms, anti confining ourselves to
the enumeration of particulars. The first gives the utmost la-
titude of discretion to the Magistrates ; the other leaves them
little or no discretionary power. And as the first principle of a
free Government is to.leave nothing to the discretion of the
Magistrates, and as the only mode of doing this is by dealing in
n j
particular terms, this feature is characte stical of English u-
nanrudence, as the other characterizes that 01'4 foreign nations.
Thena are, indeed, some branches of the law (vulgar crimes
for instance, that have no relation whatever to virtue) in which
the utmost latitude of discretion might, with great safety, be
given to the Alagistrates, were it not for the consideration that
to introduce the generalising principle into one branch of legis
lotion, might prepare the way for its. general adoption. In
Scotland this discretion is given ; nor with reference to the
United Kingdom, is there any reason why it should be with-
drawn, since, constituted as our Parliament is, their practice
cannot extend its influence.
Any person, therefore, who sifter condensing the Statutes
into one or two volumes, by striking out what he may deem
their verbiage, shall appeal to his work as a proof within what
narrow limits the Statute-book might be comprised, very much
mistakes the real principles upon which alone any curtailment
of the book can, with common safety, be attempted. That
principle is, to preserve the verbiage of the Statutes, but, by
uniting two or more together, to make one serve the purpose of
many.
If, Indeed, a variation was to be made in the common form
of an Act of Parliament, much might be gained in the way of
conciseness. When we run over the Statutes of a few Sessions,
we observe under separate chapters, a variety of the same
common enactments;; those, for example, which relate to pro-
cedure. Now, if two preliminary Acts were to be passed, one
applicable to the Civil, the other to the Criminal Law, declar-
ing that such and such modes of litocreding shall be the modes
prized and. established' by the' English Law, and distin-
diNialting each mode from the' other, by numbering each tot
distinct section ; subsequent Acts, toatead of repeating such
provisions, might declare that such or such sections of the pre-
' liminary Act Anil be applicable to its own subject matter.
The following will illustrate what has been said:--
lie It enacted, That the modes of prosecuting offences against
the Statute Law shall be the following :
Sect.l. Indictment.

2, Bill, plaint, or information, &c.
li. Summary conviction befbre any two Magistrates in
the form numbered (A.) in the Appendix, or to
that effect.
4. Summary conviction before any one Magistrate in
the form or to the effect aforesaid.
5. Summary conviction before two Magistrates having
jurisdiction in the place where Inc offence was
committed, in the form or to the effect aforesaid.
0. Summary conviction before one Magistrate having
jurisdiction in I he place where the offence was com-
mitted, in the form or to the ell'ect aforesaid.
And so of the rest.
2. With respect to Nos. 3 and 4 of the Papers, the Dill
namely, and the consolidating process. Title forgery has been,
selected for an illustration, sence the nature of the subject mat-
ter (involving technicalitiett?
flicultiett than any other branch of
i,
anti the multiplicity of the enact-
ments, presented greater t
Criminal Law.; and yet these have all been surmounted. It Is
observable, that many clauses in the 11111 are re-enactments
merely of existing regulations. They now form a part of the
Bill, that the practicability of uniting the whole of any given
branch of Penal Law, should the union be deemed advisable
might be demonstrated.
(Signed) ANTHONY HAMMOND.

MANCHE:STEIL 3 OURN LYMEN DTERS.-011 Mon-
day the major part of the Journeymen Dyers of this populous
town " turned out" for an advance of Wages. The masters, it
appeared, were determined to make no advance, and the con-
sequence was, the desertion of nearly all the dye-homes about
the town. Large bodiers of dyers, to the amount of several
hundreds each, parceled the streets,_ and some of them visited
those dye•houses where the men, keeping at work, thought
" half a loaf better than none," and by repeated cheers and
groans endeavoured to gain an accession of malcontents. se-
veral placards were posted in various parts of the town,
from which it appeared that the majority of dyers of Manchester
and its neighbourhood did not receive more than from 12s. to
I 4s. per week ; and that all above this rate, as represented by their
employers was for " over-time," in which they worked until 10
or 11 o'clock at night. The origin of the turn-out would seem,
from the statement of the men, to he the knowledge which they
had obtained of4heir toasters having received from the menu-
facturers in advance of prices; and consequently they thought
themselves entitled to an advance in wages proportionate to the
increased profits of their employers. The masters, detemilned
to bring their men to their duty, published hand-bills stating
their Immediate want of several stout, active lads, and young
men, who would he taught the business of dyeing, and receive
constant work and liberal wages. This called forth from the
journeymen another appeal to the Public, in which appeared the
following statement The liberality of the masters is already
well known, in refusing an advance when they themselves receiv.
ed it. The following is a correct statement of the liberal wages
given to learners t--11e must work for several weeks for nothing!
lie will then, for a length of time, receive oa. per week, and
if fortunate, he may arrive at Ha. or I Os. per week, and there
must remain. So much for liberal wages. It is a well-known
fact, that men who thoroughly understand their business,
and who have worked at it for upwards of twenty years, do
not receive more than 12a., and some only 10s. If such
are the wages given to old hands, what prospect is there for
the new ? For these wages the men ate obliged to be con-
fined in a stove of 104 degrees of heat, after which they are re.
peatedly sent to work in cold water, without being allowed time'to
cool themselves ; would it not require the constitutions of horses
to support this, on the wages given The journey.
men only add, that they wish the golden maxim to be acted
upon, of doing unto others as people would wish other to do
unto them.' Let every one follow up this, and it will satisfy
the journeymen dyers of Manchester.' " We have not heard
that the parties have as yet come to any amicable arrangement.
Hundreds are seen loitering in various parts of the town ; and
if the statement as to the wages they have been accustomed to
receive be true, they and their families must be in a state of
great distress. It is to be hoped that they will not injure their
cause by any violence; and that the masters will make such
further advances as their means may admit, and the necessi-
, ties of their men require.—( ManchesterGaretle.)

MURDER. OF MAJOR -HARE.

LIMERICK ASSIZES, Aua. 6.

Patrick Manane and James Manane (brothers,)
and John Greene' were indicted for attacking the house of
Major Hare, and for the murder of the said Major Hare. This
trial excited the most intense interest throughout the country.
After fib challenges, the Jury were at length sworn.
Mr. Serjeint Gootip, as leading Counsel for the Crown,
stated the case for the prosecution.
Oliver Fitzgerald knows the. prisoners ; recollects the night
that Major flare was shot; it was about Candlemas, 1822 ;
witness saw the prisoner's on the day before that night : saw
them at the race-course of Itathkeale; they appointed before
that to meet to go to Mr. Copley's to take arms; witness and
the prisoners proceeded from the lime-kiln across the bog, to
Mr. Copley's; the party, every one of them, were armed ;
they arrived, and got arms at Copley's: they demanded his
arms, saying they wanted them only for some time, and
would return them. Brown, the deceased, David Donovon,
Petri& Manane, and witness, were in the parlour. Mr.
Copley went out with the party to give the arms, which were in
the pantry; when they went to the pantry, James Menem, the
..prisoner, was breaking the window. The arms were distri-
buted amongst the party. They left Copley's, and proceeded
homewards. On the way home it was proposed by one of the
party to call at Crawley's house to take refreshments; they
agreed, and they went there ; one of the party called at the
door, and three of the young men at Crawley's; came out. They
were three brothers of the Crawleys; they took the party into
a barn; they brought out some potatoes and meat; the party
laid by their arms. The Crawleys wished to have some ; the
party desired them to get arms for themselves ; it was agreed
to go to Major Hare's, and they all proceeded there, except Da-
vid Donovan, who got tired on the way. Two of the Crawleys,
and two strange boys, joined them, and went with them to 31a.
jor Hare's. It was night; they went round the house and
found the lower windows in front barred ; they went to the rear
of the house, and discovered a window which was not barred; they
!wok ethat window,and all entered ,except the prisoner (I reene and
the two strange men ; they remained out as sentinels ; they dis.
covered a room on the right hand as they went in, and found
a titan in bed there. lie bawled out; and said he was a servant.
man. They left a man over him, anti the rest proceeded up
stairs. until they came to the second lobby • there they found a
door on the right hand, and a door on the left; the rest of' the
party were up before witness, and they went into the room on
the right hand; they said, as witness came up, that there was
nothing in the room but an empty bed. As witness turned
round, the opposite door was opened; a man came out at the
door in his shirt and night-cap, and presented a gun at him.—
" You rebels," said he, and he snapped and missedfire. He then
drew back into the room, and witness threw away the gun he had
and followed the man. Witness threw away the gun to Strive
to catch him if he could. Just as he opened his bed-chamber
door he made towards witness, struck hen with a gun, and cut
him in the forehead; witness caught the man irehis arms; the
next man that came to his assistance was Brown; Major Hare
had a gun in his hand, and witness took it from him ; witness
found his face covered with blood, and made a punch with the
gun at his left side he caught hold of the gun a second
time; then the prisoner Patrick 3lanane stepped back, and
shot Major Hare; both the Major and witness at the time
had hold of the gun ; witness suffered injury front the shot;
Major Hare fell : as he was falling, the prisoner Patrick Me-
nem: struck hint with the but-end of the gun ; some more
of' the party after that got arms ; witness believes that they get
the antis above stairs; then they went down stairs ; witness
remained on the lobby ; when he went down, the party had a
candle lighting ; witness told them that his hat remained above,
and that he wanted to go for it; he asked one of them to go
with him ; James Manane went with him ; they went up where
they were before; when they came to the lobby where Major
flare was stretched dead, Mrs. Hare was in her bedchamber;
she asked where her husband was, or was lie dead ? One of
them answered, that he was not. They then proceeded into
the bedchamber, and demanded ammunition from Mrs. Hare ;
she thought that it was money they asked for; she said there
was very little money in the house; they told her it was not
money they wanted, but ammunition ; she drew out the drawer
of a table, and handed James Manane a shot-pouch; there was
some shot in it. Then they left the room ; there was a good
deal of blood on his face at the time; witness and J. Manane
then went down stairs; on going down stairs, James Manane
said that there was some blood on him ; witness said it was the
first blood that was on him ; before witness went down the first
time, he put a handkerchief on his head ; the party got at
Majorlainadr?maasihicorrgt gununw,iathguanhtohrnate
.la
they
n considered a fowling-
piece, stock ; witness does
not think that Greene came into the house at all; he saw him
outside when they came °et ; the whole party then went back
to Crawley's house.
Examined by Mr. JACXMON..-:WitnelSB sits there at his
ease; witness was present at the murder; no crime was more
atrocious than murder; Witness knew that be had committed
crimes, but not to hang 20 men; witness came from America;
witness would, take a man's life to save his own, if lie met him
in the night; witness carried arms to suppress tyrants; he went
to America to avoid bitter things, and to avoid being an in.
former; witness, from the persecution he suffered two years,
and to save his life, gives evidence; witness was taken at
Quebec; he was made a prisoner there; lie might have been
hanged if lie had not become an informer ; witness never wrote
a scroll on the subject ; be giveilthe detail from memory ;
witness had a short gun ; they distributed the arms at Patrick
Crawley's ; the men at the bar were acquaintances of his ; he
knew them from his infancy ; he would hang men lie knew
from his infancy to save his life; he would not damn his soul
to save his life; witness was not so calm on the night of the
transaction as he is now; he was agitated that night ; he was
agitated when the deceased fired at him; witness did not like
to see him dead ; he was not greatly grieved ; the transaction
took place upwards of two years and a half ago ; witness
was charged with other murders ; he was charged with two ;
one of them was the murder of a man at Shanagoltien, and the
other was the murder of Gorman. Witness was charged with
tithing arms ; he was charged with attacking he known not how
many habitations; he was in the service of Mr. Lloyd. He was
not charged with having pawned silver articles that were stolen
at Mr. liewion's ; lie was not charged, but ought to have been
charged with stopping a pest-boy at Shanagolden ;he wait
charged with having committed a robbery_at the Conitnons of
Ilathheale; die man that was robbed might have been threat-
ened with being shot,but he was not on his knees. He robbed Mr.
Leake of his gun,in May, 11122 ; he went to America; he came
back ; and he feared that some of his accomplices were hanged
on his return ; he does not think it makes much difference in
wwaistnae ns awnaos fntnhte tnh aane intaonf
thatO l e ears oun schhoatrig
ande
iwv
iat
hs shhaovti
nagt
what way, a man is murdered, whether with a gun or a rope.—
nTi
gh
he rte:
shot him ; witness heard that there were charges made against
the prisoners under the Insurrection Act ; when he left the
country, there were charges against them; when be saw the
man dead, he demanded powder front the widow to commit
more crimes.
Mrs. Hare, widow of the deceased, examined.—Witness
recollects the night in January, 1022, when her house was
attacked ; the attack was made between eleven anti twelve
o'clock. She had retired to bed; she was awakened by
noise coning from the stairs—the noise of feet. Site awoke
Major flare
,by shaking him. He ran to the corner where
his arms were kapt • cocked a gun, anti ran out. Witness
heard him say, What arc you doing there, you rascals ?"
There appeared some persons outside the door, bursting the
door open. There was a short struggle, and a hot was fired ;
there were arms In the bed-room ,• they were taken away by
the party ; after the shot was fired, one entered the room ; lie
asked witness how many guns there were. She told him three.
One of them asked for a candle, which he got; after the candle
was lighted, two men came .to her room ; one of them watt
shorter titan the other; they desired her to give them ammuni.
tion ; she handed the ammunition to the short man out of the
drawer of a dressing-table, which she opened : one of the two
men was a pale horrid-looking wretch, with blood on his face :
after they got the ammunition, they went out of the room;
after they left it, she heard one say to the other, as they went
down stairs, that is my blood • •' •could
, ',Hum not swear to any
of the persons.
After the examination of some further evidence for the pro.
secution, the following witness was called for the defence :
Patrick Crawley exajnined—Witness was summoned on the
part of the Crown, on this trial. Ile heard of the death of
Major Hare. He swears, by the virtue of his oath, that the
witness, Oliver Fitzgerald, did not, on the night of the mur.
der of Major Hare, or at any other time, come to his house;
he knew nothing of him, or any such person ; witness is a
farmer; he holds 40 acres of land; lie was in gaol 3 weeks
for no reason.

Cross-examined.-Witness, two years ago, lived at Arldmont;
his brothers, Tom and' John, have left that place ; he does
not know how long it is since they wont away ; the policemen
were looking for them; if witness knew where his brothers
were, he would not tell.—(A laugh,)—lie heard of the report
of Fitzgerald's having been taken up in America; it is along
time ago since he heard it; his brothers had gone away 12
months ago-13 months-19 months—two years, he would not
say any more.—(A Laugh.)—John took a leap from the guard
as any man in custody would.
The Learned JUDGE then proceeded to charge the Jury,
who retired for about four minutes, and returned with the ver:,
diet—Guilly.
The prisoners beard the fatal verdict with awful solemnity,
but with unshaken firmness.
The Learned JUDGE immediately proceded to pass sentence
—that they should be hanged on Monday, the 9th August at
the common place of execution, and " be hanged by the
neck

till you are dead ; that your bodies be delivered up for disszc-
don, and the Lord have mercy on your souls."
The prisoners heard this terrible sentence with the utmost
resignation. The prisoner Patrick Manane, just as the Judga
concluded, drew back a few paces from the front of the doelr.,
with extended arms, and in a tone and manner the most im-
pressive that we ever witnessed, replied to the prayer of the
Judge, his eyes at the same time turned towards kleaven,--
" Amen, amen, my Lord; perhaps it is all well. I hope It
may be for the better that we are leaving a place of misery and
going to a place of happiness. I forgive my prosecutor; the
Jury I freely forgive, as Ido all mankind. We go to meet
death like Christian men : may God of heaven bless you all !"
The prisoner Patrick Alanane was dressed as a respectable
firmer, his countenance sharp and intelligent, his person above
the middle stature, and extremely well formed ; Jte appears to
be about 34 years of age : his brother's countenance was. not so
intelligent; his features were soft and without character. Then
was nothing remarkable about Greene. The prisoners were.
conducted to the gaol under a heavy escort of the 3d Light ,
Dragoons ; they passed through the principal streets of Lime-
rick, surrounded by some hundreds of weeping relatives and
friends—a scene more truly distressing could not well be infs.
gined. The unfortunate prisoners walked with their hats of,
and preserved the same decorous and manly conduct that chit-
racterised them throughout their trial, and at the awful mellaut
of their conviction.