The Sun.
London, England, 1848-02-03 00:00:00

THE SUN, LONDON, TELTRSDAY EVENING, FEBRUARY 3, 1848.

The CHIEF JUSTICE then put on the black cap and
addressed them as follows :

John Lonergan, you have been indicted and found
guilty of the wilful and deliberate murder of Mr.
William Roe.

Henry and Philip Cody, you have both been in-
dicted and found guilty of the wilful murder of
Edward Madden.

Terence Corboy, you have been found guilty of a
like crime, of the murder of Patrick Glees on ; and you,
John Daly, of a malicious assault upon Mr. Richard
Uniacke Bailly, with intent to murder him.
In point of fact you are all murderers, for although
the life of Air. Bailly has been, by the mercy of God,
preserved, you John Daly have been found guilty of
having made an attack on him which endangered his
life—an attack with intent to murder ; you are there-
fore a murderer in intention, although by the mercy
of God not in act. I feel it impossible to conceive a
more awful or heartrending spectacle than you all
now represent. Five men in the prime of life—in
the vigour of manhood—stand at that bar to hear
a sentence by which their days will be numbered and
their lives cut short. I would that in the conside-
ration of any of your cases I could discover one
mitigating fact—one gleam of humanity ; but I am
bound to say that the cases of one and all of
you present instances of crime of the most atro-
cious character, instigated by a vindictive and
sanguinary spirit. In every one of your cases
there was deep premeditation, and a long in-
terval between the formation and execution of your
murderous designs—an interval, God knows, long
enough to have awakened in you some sense of pity
or compassion—some degree of compunction or
remorse—but all failed ; you went forward to your
fell and deadly purpose—that purpose accomplished by
means so desperate—so incorrigibly wicked was the
hearts of those who plotted and executed these atrocious
deeds. The whole course of your crimes have been
marked by unrelenting:cruelty, and by that cowardice
which is always attendant on a cruelly vindictive
spirit. You armed yourselves with deadly weapons
—you lay in wait for your victims—you took them
when they were not prepared—when they were
defenceless ; when they were incapable of resisting ;
when they expected no danger, you sent them
with all their sins on their heads into the presence
of Almighty c3rod. Yes, in the case of one and all
of you, you stand there convicted, not of murder,
caused by any sudden resentment or excitement, or
infirmity of our nature, but you stand there convicted
of the worst species of crime—of the crime of assassi-
nation, of the worst form of murder, in the most
hateful shape which that horrible crime can assume.
There you are in the prime of manhood, branded
with the character of assassins, a disgrace to
your country, and a disgrace to human nature.
Oh, that the spectacle which now presents itself
to the world may work out the great ends of
reformation, and the prevention of crime that
those who are pursuing the course which has
led to your destruction, oh ! that they may see
in your fate the fate that surely awaits them
if they will not be warned and deterred. If there be
no other material—no other means by which such
men can be reformed—at least let them know that the
course of law—although it is slow—is sure, and that
sooner or later murder will be tracked, discovered, and
brought to condign punishment. If I were to review
in detail the proceedings on every one of your trials,
I could point out instance upon instance that prove
the power of Almighty God in producing accidents,
and bringing accident of the most triflng character
to bear upon one great end—that of bringing mur-
derers to justice—that of revealing and establish-
ing the truth. There are other classes who
ought to take a lesson of warning from your fate.
There are those who have taught you to avenge
your own wrongs—who have justified, palliated,
and excused your crimes, and who must be respon-
sible for the consequences—the consequences exhi-
bited in your dreadful cases—such doctrines, and
such teaching has, as far as any effect can be
produced, been the case. There is another class
to whom I must advert, and my wonder is that
all that has occurred has made no impression on
them. Some of you have wives—some have pa-
rents—some have children—all have friends and
relatives. Have they done their duty ? Have they
warned you against the crimes that have brought you
to destruction ? Have they known your designs ?
and they warned you against the perpetration of
them ? Have they endeavoured to prevent you ?
Have they endeavoured by their influence to save
you ? Sorry am Ito say, from what I have observed,
that friends and relatives—those to whom you ought
to be true, and your protection ought to be the first
object—have actively concurred in bringing yon
to the place where you now stand; because if they
did :not prevent they have in some degree found
those crimes which brought you here. Let your fate
be a warning to them, and whatever may be the ca-
lamity and affliction which your death visits on friends
and relatives—let it be to others a warning in crimi-
nal cases actively to interfere, and when they can, by
their influence save from destruction those who are
going in the same path. Think not that when I
have used such strong terms of reprobation that I am
actuated by any vindictive spirit, or a desire to insult
you, nothing could be more abhorrent to my feelings,
more foreign to my duty ; but if I could command
language ten thousand times stronger, I would use
it for the purpose of indelibly impressing on your
minds abhorrence for your crimes and abhorrence for
yourselves. I would do so, because that abhorrence
and self-condemnation is the only sure ground of
sincere repentance—is your only title to salvation
through the merits of your blessed Lord and Saviour.
This is language you will hear from those to whose
spiritual care you will be confided, and of whose care
I implore you to avail yourselves, for remember the
rest of your lives are only spared to you that you
may be prepared to die. I am now about to pro-
nounce the dreadful sentence of the law, which
consigns you all to an ignominious death
and which consigns you, as convicted mur-
derers, to an ignominious burial; your remains
—the law says—must be buried, and your graves
must be " within the precincts of a gaol." There
you will lie, side by side with murderers, and your
ashes will moulder and mingle with theirs until the
final day of judgment, " when the trumpet shall
sound, and the dead shall be raised." Upon you it
depends whether that trumpet shall summon you to
hear a sentence of forgiveness and of mercy, or a
sentence of woe and misery ; use, therefore, that time
which yet remains to you, to " prepare to meet your
God." Short as it is, a sincere repentance for your
past sins will be sufficient to effect a reconciliation
with your offended Maker. His Lordship in con-
clusion sentenced the five prisoners to be hanged—
John Lonergan, Henry Cody, and Philip Cody, on
the Ist of March, and John Daly and Terence Cor-
boy on the 4th of the same month—all the convicts
to be buried within the precincts of the gaol in which
' they were confined since their conviction, with the
exception of Daly, whose crime did not terminate in
the loss of life.

The unfortunate men were then removed without
uttering a syllable to the court, or to one another—
they appeared to be perfectly stupified and stared
wildly round, exhibiting a greater degree of terror
than has been displayed by any of the parties simi-
larly placed during the commission. It is a remark-
able fact, that in these cases, as in the capital cases
tried in Limerick and Clare, the announcement was
received in solemn silence—not a shriek given or a
tear shed—although in some instances I saw the wife,
in others the father or mother, and in others the
children of the convicts, listening to the sentence of
the law which was to consign those nearest and
dearest to them to a premature and disgraceful death.

ADJOURNMENT OF TUE COMMISSION.—The Hon.
Mr. PRITTIE (foreman of the grand jury) having
come into court and asked if there were more bills to
be sent before them,

The ATTORNEY-GENERAL replied in the negative
but stated that he proposed moving an adjournment o'
the Commission before his Lordship rose.

The CHIEF JusTicE—Then, Gentlemen, for the
present you are excused from attending. If your
services are again required, you will get proper
notice.

The grand jury here retired.

ATTACKING A DWELLING.4IOUSE ARlEBD.—Pa-
trick Rourke, Daniel Tierney, John Gorman, John
Smith, and Edward Hogan—all young men under 25
years of age—were Indicted for attacking the habita-
tion of Wm. Ralph, at Coolbawn, in this county, in
the month of November last.

Evidence having been given,
The jury convicted the prisoners, who were sen-
tenced to eighteen months' imprisonment.
THE COERCION BILL.—John Kennedy, a young
man about twenty-five years of age, was indicted for
a breach of the late Act of Parliament, by having a
pistol in his possession,
in a proclaimed district, he
not being duly authorised to carry arms:
The prisoner pleaded guilty, and put in documents
to show that he was ignorant of the law.
His Lordship sentenced the prisoner to a fortnight's
imprisonment.

ATTACKING A Ilousa AamED.---Thomas Cleary,
Thomas Magrath, John Bryan, and Daniel Ryan, all
young men, were indicted for attacking the dwelling-
house of Captain Ryan, at Lisduff, in this county,
on the 10th of December last, and stealing arms and
money, his daughter's property.
Evidence was given to prove the charge, and Mr.
Rollestone having been heard for the defence, ex-
amined witnesses to prove an alibi for the prisoner
Magrath.
The CHIEF JUSTICE then charged the jury, who
were in consultation at post hour.
The Court will finally rise to-night ; and it is ex-
pected that the commission will, at its rising, be ad-
journed to the 15th of next month.
The Chief Baron is still confined to his bed from a
aevar• attack of influenza.

IMPERIAL PARLIAMENT.

(THIS EVENING.)

HOUSE OF LORDS.

The LORD CHANCELLOR took his seat on the Wool-
sack at Five o'clock.
JEWISH DISABILITIES.

The Earl of ST. GERMANS presented two peti-
tions from places in Cornwall against the removal of
the disabilities complained of by the Jews.
HIGHWAYS (SCOTLAND).
Lord CAMPBELL presented a petition from the
to wn council of Cupar, in Fife, complaining of the
present defective condition of the management of the
highways in Scotland. The petitioners stated that the
cost of collection was equal to 50 per cent. upon the
amount realised, and prayed for remedial measures.
SUPERANUATION TO POOR-LAW

there were any documents of an official
nature on the subject alluded to by the
Honourable Member that could be laid before
the House. He had stated on a former occasion that
he should take an opportunity of stating generally
what had been done both by the present and former
Governments in this country, and he begged
now to state that he would, when he made his finan-
cial statement, of which he had given notice, he
would bring forward that subject.
THE NAVIGATION LAW S.—THE UNITED

If he had consulted his own convenience and wishes,
as he was aware that no opposition was intended to
be offered to his motion, he should have merely
moved it, and made no statement at all with
respect to it ; but he believed he should
not consult th wishes of the House or the
worthy of those who were interested in the growth
of the sugar-cane, if he made the present
motion without some statements. It had been repre-
sented to him by many who were interested in her
Majesty's colonies in the East and West Indies that
the course he was proposing now to take was not
consistent with the necessities of the case, and
that there was something pusillanimous in the
motion which he was going to propose to the House,
and that, in fact, the East and West India interests,
which had already been so severely attacked,
would perish while the subject was being
discussed in a Committee of the House. They had
told him that a Committee of Inquiry would be to
them like a cordial after death—(A laugh)—
for that before a Committee had reported
the West India interest would be past re-
covery.—(Cries of " Hear, hear.") It became him,
therefore, to consider whether he could obtain
any special relief from a direct vote of that
House ; and when he recollected that in the
year 1846 he had made a motion in that respect,
and obtained only 180 gentlemen to support him,
while 265 votes had been tendered against him, and
in favour of her Majesty's Government admitting
slave grown sugar. He felt that it was hope-
less for him to adopt any other course than
the one he intended now to pursue; more
especially when he recollected that upon that occasion
he had but five gentlemen connected with the
West India interest who had recorded their
votes in his favour. Such being the case, he thought
the West India interest had nothing to say
against him for taking the course he had re-
solved to ado* on the present occasion.
Those who voted with him in 1846 did not
require a Committee to convince them that re-
medial measures were required. They were of
the same opinion now ; but at the same time
he felt bound to say, if the remedial measures were
brought in likely to meet the wants of the icolony,
he and the petioners would support them, irespective
of those by whom they might bo brought in. Holding
a petition in his hand, signed by 48 heads of great
houses in London, Liverpool, and elsewhere, liabilities
amounted to 6,300,0001. he felt that he was justified in
calling upon the House to grant the committee for which
he was running, and to state with confidence,
that he believed he should be enabled to per-
suade the Committee to suggest new and
salutary measures. The Right Hon. Gentle-
man the Vice-President of the Board of Trade has
had stated elsewhere that he considered the ac-
count of the home country and the colonies closed
in 1833, when emancipation and millions of
money were given to them, hut he was in a
condition to show that the colonies had not derived
much benefit from the millions thus paid. Both the
money and the emancipation of slavery were pressed
upon them. They derived no advantage from either,
and the cry of virtuous indignation against slavery
had materially subsided ; even at the last election
so much had the cry for cheap sugar
and free instead of slave labour died
away that the subject was scarcely mooted. He
retained his opinion that by the treaty of Utrecht
they might have entirely substituted free for slave
labour. lle should not, however, moot the question
now. He would not, therefore, whatever might be
his opinion, propose that this principle should
be upheld, as the admission of thirty thousand
or forty thousand of slave-grown suger
might, by renewing the agitation, not only prevent
the salutary measures which he looked
forward to; but endanger the stability of
an v Government that might be in power.
With respect to the repeal of the navigation-law he
could not go along with those who advocated a repeal
of those laws. At the same time he thought it
inconsistent that the West Indians should ask for
any protection for themselves, which they wished
to deny to others. He agreed with the
Noble Lord at the head of the Government,
that the system of protection went in a circle, and he
thought that it could not therefore be confined to the
West Indians. Letters had appeared in one of the
tunnels signed by five commissioners, which
stated „that the large amount of difference
of freight to several of the West India
islands was owing to the monetary laws
lie did net see how the repeal of the navigation laws
affecting the question of freight between Jamaica
and Demerara and the other West India islands with
England could affect the question of the West India
interests, because any alteration in those laws would
equally cheapen freights as between Brazil and
Cuba, Java or the East Indies and this country. The
freights of slave•grown sugar could be equally
cheapened with the free-labour sugar of the colonies.
(LEFT SPEAKING.)

LAW INTELLIGENCE.
COURT OF EXCHEQUER, Feb. 2.
(Sittings at Nisi Prins, before the Cum. BARON and
a Special Jury.)
REGINA V. GOOCH AND OTHERS.

(Continued from our Afternoon Edition of yesterday.)
At the close of the case for the Crown,
The Learned COUNSEL for the defendants sub-
mitted that they were entitled to a verdict, as the
facts showed that in point of law the full duty had
been paid according to the entry and the approval of
the surveyor, by whose acts the Crown was bound.
Sir F. PoLLocx—Do you mean to contend that
the Crown would be bound by the assent of the sur-
veyor to the value entered by the importer, after he
had been bribed to give that assent to a false entry ?
Mr. MARTIN—Yes, my Lord ; I go as far as that.
Sir F. POLLOCK—Then I must say that I wholly
dissent from such a dangerous doctrine. The Crown
is not bound by the acts of its servants and officers ;
and it is open to the Attorney- General to sue upon
the bond at any lapse of time, however great, though
he is precluded from recovering any penalties on that
ground.

The Learned JUDOS then left the case to the jury
in accordance with this view of the law, to which a
bill of exceptions was tendered by the Counsel for
the defendants ; and, after a brief deliberation,
The jury returned a verdict for the Crown for the
penalty of the bond ; it being their opinion that the
goods in question had been fraudulently removed by
the defendants from their warehouse before the full
duty had been paid upon them.
Verdict for the Crown accordingly.

CITY COUNTY COURT, Wednesday.
(Before EDWARD BULLOCK, Esq., Judge.)
KENDALL V. BRADBURY AND EVANS.
The plaintiff in this case is foreman to Messrs.
Skinner and Haines, the extensive builders, and the
dsfeadaats are the proprietors of Punch, and for-
merly were the proprietors of the Daily News. The
amount sought to be recovered was 3/. 55., which sum
had been paid for refreshments supplied to workmen
in the employ of the plaintiff during the progress of
some extensive alterations and improvements at the
Daily News office.

Tile plaintiff proved that he was authorised by the
defendants to pay for the articles supplied.
The defendants having allowed judgment by
default,

The Learned JUDGE made an order for the amoun
claimed to be paid forthwith.

BLOOMSBURY COUNTY COURT, Feb. 2.
(Before J. Dußois, Esq , Deputy Judge.)
COURTATAY v. DIADVOX.
This was an action brought by an actor, recently
engaged at the Princess's Theatre, against Mr. Mad-
dox, the lessee, to recover the sum of 11. 7s. 6d., one
week's salary.
The plaintiff stated that Mr. Maddox engaged him
on the 4th of October last, at the commencement of
the season, until Easter next, at a salary of 11. 78.6 d.
per week, but discharged him suddenly on the 15th of
last month.

The plaintiff stated that on Friday, the lath of
January, he went to the theatre to rehearse a part in
the Yo-ung Guard, and as it was not customary to
act with that vigour and animation by day as before
the public at night, he simply went through the neces-
sary duties. Mr. Maddox, who was on the stage, found
fault with his acting, and said, "That won't do.
That's not at all like it ; you can act very well on a
horse's back at Astley's, why can't you act here ?"
Plaintiff answered that he could not at rehearsal, and
Mr. Maddox said that he should, and at last ex-
claimed, " Turn that blackguard off the stage."
Plaintiff then called him an "insulting dirty beast,"
and not wishing to be kicked off the stage, he walked
out of the theatre. The next day (Saturday) he went
to the theatre for his salary, but was offered only 1/.55.
for five nights' services, instead of his full salary of
11. 7s. 3d. lie now sued for the latter amount.
Mr. THOMAS said his defence to the action was
that Mr. Maddox was justified in turning the plaintiff
away. The plaintiff himself admitted that he called
Mr. Maddox opprobrious names, and he (Mr.
Thomas) should show that the plaintiff was injuring
the part—that he would not produce its proper
effect before the audience on the night of performance.
Mr. Maddox, the lessee, said the rules of hi;
theatre were, that if any actor refused to perform his
part properly he was liable to a fine of three weeks'
salary, or instant dismissal. In the present case the
plaintiff was rehearsing with Madame Anna Thillon,
and it was of the highest importance the manager
should know how the part would be represented at
night. The plaintiff had obstinately refused to show
him how he would play the part.
John Craddock, the call- boy, having given evidence
as to the insulting words used by the plaintiff,
The JUDGE said the plaintiff must be non-suited.
lie said that he could not rehearse the part as he
would act it, and must bear the consequence. lle
might, however, at the close of the season, sue in a
superior court for the whole sum.
Non-suited accordingly.

CENTRAL CRIMINAL COURT.
OLD COURT.
(Before Mr. Justice COLERIDGE.)
FORGERY ON ThIR RUSSIAN GOVERNMENT.
(Continued from our Afternoon Edition of yesterday)
The prisoners Kauffman and Fredeburg, who has
been identified as the parties who purchased the ma-
terials used in manufacturing the Dotes, denied all
knowledge of the forgery. Kauffman said he ac-
companied Fredeburg to make the purchases because
Fredeburg could not speak English ; while Fredeburg,
who was a lithographer, protested that in partici-
pating in the forgeries he was ignorant that he was
doing anything wrong, and acted more in the ca-
pacity of a servant to the principals in the transaction
than as an accomplice.
The Learned JUDGE summed up with great care
and minuteness, and
The Jury, after a short consultation, returned a
verdict of Guilty against both the prisoners.
Sentence was deferred until the sitting of the Court
to-morrow morning.

POLICE INTELLIGENCE.
MANSION-HOUSE.

A mere boy, named Charles Hall, was brought
before the Lord Mayor, charged with having been
concerned in stealing a box of clothes.
A lad named William Haggarty, in the service of
Mr. Jones, nevvsvender, of I3irchin-lane, said—
Shortly after seven o'clock I was going over London_
bridge, and I saw a man go up to a carriage which
was passing gently along, and pull from behind it the
box now produced. He then walked to the pavement
with the box under his arm and put it upon the shoul-
ders of the prisoner, who began to move rapidly
along. The man crossed over, and on they both
passed till they came near the steps, where I told the
policeman what I had seen. The policeman imme-
diately seised the box and the prisoner, but the man
who had deposited the box on the prisoner's shoulder
made a blow at me and ran off, and the prisoner also
tried to escape, but ineffectually.
The policeman confirmed the lad's statement, and
stated that he found the owner of the property.
Mr. Pails, of Denmark-hill, wholesale druggist,
stated, that the box, which belonged to his sister-in-
law, had been corded to the back of his chaise.
The prisoner said he was quite surprised at being
told that he had a stolen trunk in his possession, for
a gentleman who was passing over the bridge had
promised hint ld. to carry it a little way. He could
not tell the Lord Mayor where he lived, because he
did not wish his mother to know anything about
such a charge. He would much rather not say any-
thing about his residence. It would not throw any
light upon the subject.
Remanded for further inquiry.
The LORD MAYOR acknowledged the receipt of
101. from " M. W.," through the house of Hoare and
Co., and half of aV. note from a " Freeholder and
Citizen."