The Sun.
London, England, 1848-02-01 00:00:00

EIVIT,NINC*

IRISH SPECIAL COMMISSION.
CLONMEL, JAN. 29.
The examination of the witnemc9 for the Crown in
the trial of Daly and Roughen, for the murderous
attack on Mr. -Bailey, was continued last evening
after the post left.
A policeman named Martin said he had examined
the ground, and tracked footsteps from that part of
the field whence the shots were fired to Cleary's
Fort. lie also found near it a bottle that bad con-
tained whisky.
Dwyer had stated that Daly had brought some
whisky with him in a bottle, but the bottle itself he
could not identify.
A little boy, named Clark, said he was banging on
behind Mr. Bailey's gig at the time the shot was fired.
lie knew Mr. Bailey was hit, and he ran directly to
the horse's head. As soon as the horse was stopped
he went for the police.
The boy was leaving the table, but was recalled,
and sai i that he distinctly heard the word " halt !"
uttered by some one just before the shot was fired.
A man named Shanaghan proved that on the day
after the outrage he saw Roughen and Carty in
Nenagh, and that they went out of the town for a
walk, but that they objected to go past the police
barracks near the spot where Mr. Bailey was fired at,
the inference being that they were afraid of being
arrested on account of the attack.

A young man named Whelan, who, on his cross-
examination, admitted that he was in custody for
stealing a gan, and whose ideas upon the crime of
murder appeared to be as lax as those of the approver
Garraghan, said that on the Saturday night on which
the attack was nude he saw Garraghan and the pri-
soners and two other persons at a public-house in
Nenagh, and they said they wanted him to go out
with them about some business, but they did not tell
him what it was, and he refused to go. Ia his infor-
mation he stated that when he heard afterwards of
the attack on Mr. Bailey, he thought it must have
been to that the men referred.
It being then late in the afternoon, the case was
adjourned until this morning.
The first witness examined to- day was a tall, reck-
less young fellow, named Nicholas Garraghan, and
his evidence presented a sad picture of the depraved
condition of the lower classes of this country. He
said that Daly was married to his aunt, and that he
had been living with him for two months before the '
attack. lie had several conversations with Daly
about Mr. Bailey's being shot. Daly said Mr.
Bailey was running him out of his house and home on
account of a writ, and he must have him shot. lie
asked witness to do it, and he said he would, but that
it would be a bad job to him (Daly), as he would be
the first taken up on account of the writ. About a
fortnight before the outrage was committed, Mr
Connor, who was also related to him, offered him a
suit of clothes if he would shoot Mr. Bailey, but he
refused unless they would give him money enough to
take him out. That was agreed to, and Connor told him
that he was then going to meet two other boys
about the same business. They afterwards met,
by appointment, at a public-house in Nenagh.
Roughan, Carty, Ryan, and Daly, were there,
and all except himself were drinking whisky.
Roughan said it would be a good thing to shoot Mr.
Bailey, as he had been tumbling houses at Dun-
garrah. They pressed him to go with them ; he at
first refused, but on their importuning him he at last
consented. Roughan had a gun, and Carty said he
had a case of pistols. They accordingly started from
Nenagh for the pupose of shooting the unfortunate
gentleman, but they were so drunk that the witness
said he would not go further, and they all turned
back. From that time he did not see any of the
party until the Thursday after Mr. Bailey was at-
tacked ; but on that day he met Roughan, Ryan, and
Carty at Hayes's public house in Nenagh and Ryan
then asked him why he had turned back on the
first night. His answer was that they were too
drunk, and he was afraid of the police. Roughan
said, " Didn't I do the job well I downed
him." " Whisht," said Ryan. " Oh, no fear,"
said Roughan, " there's nobody here to speak of it,"
and he repeated his words, " I did it well—l downed
him." Ryan then said, " Oh, as to that, we all had a
hand in it. He is not dead yet, but he may be down
in a short time."

On his cross-examination he said, he agreed to
murder Mr. Bailey because Daly and Connor, who
had asked him to do it were related to him.
" Then," said Mr. Itor.LEsTosi, " I suppose you'd
murder me if they had asked you."
"By Gob, I would," was his reply.
The miscreant had been to mass on one of the
Sundays on which he had consented to be a party to
the murder.
Peggy Kenna, a servant at Hayes's public-house, re-
ineulbered Garraghan's being there on the Thursday
after Mr. Bailey was shot, and that two or three other
men were with him.

Constable llarria said, he was searching for ltoul,Y-
hen, after the attack on Mr. Bailey, and on the 21st
of December he saw him about four miles from bis
own house, but as he was armed with a double bar-
relled gun, and had some one with him, the witness,
who was alone, did not arrest him. He kept a watch
upon him, and on the 26th of December, believing
him to be at a certain house, he went there with a
party of police and found Roughen concealed under
a table. Ten or twelve men were sitting round it at
the time, playing at cards. Roughen bad a case of
pistols, loaded, but he made no resistance.
Daly was arrested on the 22d of November, in his
own house.
Dr. Quin, of Nenagh, said that he had attended
Mr. Bailey from within half an hour of the attack to
the present time. The unfortunate gentleman was
wounded by two bullets, one entering at the back of
the neck near the ear, passed through the mouth,
carrying away five of the front teeth; the other shat-
tered the right jaw, and came out through the mouth.
His face was also slightly wounded by some shot, as if
he had received it in turning his head. For three
weeks there was little hope of his recovery, and
although improving, he was still unable to travel.
Mr. Bailey's clerk produced some books, showing
that Daly was indebted to Mr. Rowny 60/. 138.
It appeared (though of course it was not put in
evidence) that Daly had been forgiven upwards of
1001. arrears.
'lke case for the Crown having concluded,
Mr. ROLLESTON addressed the jury far the prisoners,
and contended that there was not sufficient evidence to
show that either of the prisoners was actually engaged
in the outrage, especially with regard to Roughen,
the case against him resting entirely on the testi-
mony of Garraghan, who was a party to the
transaction ; or if the prisoners were engaged in it,
then the fair supposition was that they intended
only to rob Mr. Bailey, and not to murder him.
The SOLICITOR-GENERAL, in his reply, argued,
that although Garraghan had consented a fortnight
before to be a party to the attack, yet on that oc-
casion he had withdrawn, and, as he was not en-
gaged in the actual outrage, his testimony might
be received as that of a person who was nut parti-
ceps crilizinis, and therefore not requiring corrobo-
ration.
The LORD CHIEF JUSTICE, however, in summing
up, said that the evidence of W 'whin went to show
that, although Garraghan had withdrawn on the first
occasion, yet that he had a continuing intention of
being a party to shooting ➢lr. Bailey. His evidence
therefore roust be viewed as that of A party to tke
transaction, and it was for them to say how far it
was corroborated by the other witnesses ; but with-
out some corroboration it would not be safe to rely

on it.
The jury then retired, and after an absence of
about ten minutes returned with a ♦erdict of Guilty
as to Daly, but Not Guilty as to Roughen. Roughan,
however, was not discharged, and he will now be in-
dicted for the conspiracy.
The prisoners having been removed,
A young man named Thomas Britt was placed in
the dock, charged with assaulting a respectable farmer
mar Roscrea, on the 16th of November last, and
robbing him of 861.
There was no feature of interest in the case, and
it was not concluded at post hour.
It is expected that the proceedings of the Com-
mission here will not be concluded until Tuesday or
Wednesday next.