The Sun.
London, England, 1848-01-31 00:00:00

SUN, LONDON, MONDAY EVENING, JANUARY 31, 1848.

rights of the citizens, to ensure concord-in our dear
country, and to strengthen the force and glory of the
state. In addition, it is our will that all public affairs
shall follow their course uninterruptedly, in confor-
mity with prescribed rules; and that all the officers,
named or confirmed in their situations by the de-
ceased King, shall continue to fulfil their functions
until further orders, under the oath of fidelity preci-
ously sworn by them.
" Given at our Palace of Christianburg, this 21st
..day of January, 1848.
" FREDERICK, the King."

IRISH SPECIAL COMMISSION.
CLONMEL, JAN. 27.
The Lord Chief Justice took his seat on the bench
this morning at ten o'clock, and was joined by the
Chief Baron shortly after, who, we are happy to say,
is much better. His Lordship was suffering from
the prevailing epidemic.
MURDER.—TWO CAPITAL CONVICTIONS.—PhiIip
Cody and Henry Cody, brothers, and both young
men, were indicted for having, upon the 9th of July
last, at Killarney, in this county, wilfully and
feloniously fired a loaded gun at one Edward Madden,
and inflicted upon his person a mortal wound, of
which he died in two days. The elder brother,
Henry, was charged with firing the fatal shot, and
Philip with having been present aiding and abetting.
The ATTORNEY GENERAL stated the facts of the
Case.

John Kelly, examined by the SOLICITOR-GENERAL
—I live at Ballyknockin, and am a steward in the
employment of the Marquis of Ormond at the wood
of Killarney. The deceased Edward Madden was
employed there as an assistant steward over the
women engaged in barking the timber. I know the
prisoners. On the 9th of July I left my own place
to go to the wood. As I was passing through
it I heard a shot, and heard Madden bawl. I knew
his voice. I looked after I heard the shot, and :Ave
the smoke, and observed a man, and then another,
who bounced out close to where the first man was,
and fired a second shot. I afterwards heard a third
shot, and saw the man who fired it. I heard Madden
bawl immediately after the first shot, and before the
second. After the first shot was fired he began to
move away, and then the two others were fired after
him. The three shots were fired at him before he
reached the gap. The persons who were present did
not pursue the murderers. I did not attempt to
follow them myself, for they were out of sight in a
minute. I turned back from the place and set the
people to work. The list of workmen was called
over, but they did not all answer. There were 160
men altogether. Henry Cody did not attend that
day at all, but Phil. Cody came at one o'clock and
made a half-day. They were both at work on the
following day. They worked there all that day, but
never after. Harry Cody lived at Ballyknockin, and
the other prisoner at Bohermore.
Mr. M. Ryan, R. 2,1., examined by the ATTORNIIT•
GerotAL-1. went to see Madden, after he was shot,
on the same day, and found him lying in an out-
house; the irst word he said was, " Ah, Sir, they have
done my job at last." He also said tkat he did not
expect to recover, that he was almost off. He was
perfectly in his senses at the time. He told me the
priest had been with him. I reduced to writing the
statement he then made.
Sir Charles O'Donnell deposed that he was in
command of the troops in the district, and that he
hears the declaration read to the deceased by Mr.
Ryan. The deceased assented to the statement as it
was read.
The Clerk of the Crown then read the "dying
declaration" of the deceased. After stating that he
had settled his affairs, and received the rites of his
church, to prepare him for appearing before his God,
where he soon expected to be, the document set forth
that Henry Cody was the person who fired the shot
that wounded him, and that two other shots were
fired at him, by Philip Cody, of Bohermore, and a
strange man whom be took to be Ned Kelly, of Kil-
cash.

Mr. Ryan was then cross-examined by Mr. Ron-
LISTON—He said, I took down in the declaration
everything the deceased said. The deceased was
with me frequently on magisterial business during
the two years I knew him, and gave me most impor-
tant private information. I only knew him to be
accused of one crime, robbery of a gun.
Sub-constable Flannagan deposed that he arrested
the prisoner, Henry Cody, on the 11th of September.
Witness saw him running from the wood with a gun
in his hand, and when witness came up near him he
snapped a gun at him (witness), and was raising the
cock again when witness knocked him down. They
both fell together, and Cody got up and ran off again.
The case for the prosecution closed here, and Mr.
ROLLBSTON addressed the jury for the defence.
The Solicitor-General having replied the Chief
Baron charged the jury, who retired, and in about
twenty minutes found the prisoners Guilty—Henry
Cody of the murder, and Philip Cody of having aided
and assisted in it. Sentence was deferred.
CHARGE or ROBBERT.—Timothy Hogan, Michael
Whelan, and Pat. Coonan, all young men, were found
guilty of having entered the house of Wiliam ?
Hackett, at Derrinvollen, on the 26th of November,
and robbed it of several articles of wearing apparel. I
During the examination of the witnesses a sub- I
constable, named Sullivan, produced three loaded I
pistols which he had taken from the prisoners.
In reply to the Court, the witness said that the
arms were loaded when he got them, and that people
said the gun was taken from Mr. Little on the night
he was shot.
Mr. SCOTT—Are the arms loaded now ? Witness
—They are, oi,•
l‘lr SCOTT—WeII, take care, Sir. You ought not
to be throwing them about in that way.—(Laughter.)
Mr. Rom.EsToN—Take care, you might shoot the
law officers.—(Laughter.)
CHIEF JUSTICE—It is very improper to bring the
arms loaded into Court.
ADJOURNAIINNT OF THE Cos mission.—Their Lord-
ships will, if possible, rise to morrow evening, so as to
proceed to Dublin on Saturday.
FRIDAY, JAN. 28.
The Judges sat to-day at ten o'clock, at which
hour the court was crowded to excess, in consequence
of its being very generally known that three of ch.
men charged with the attempt upon Mr. Baillie's
life would be put on their trial, and that it would I
be the last important case beard during the com-
mission.
ATTACILINO A DVIELLING•IfOUSH ARMED.—In the
case of the Queen v. Hogan, Coonan, and Whelan, for
attacking the dwelling house of William Hackett,
armed, and stealing a quantity of wearing apparel, in
which there was a verdict of conviction, as we mentioned
yesterday.
Mr. ROLLISTON moved in arrest of judgment,
contending that under the statute which gave the
court power to try prisoners for both ridings of the
county of Tipperary in either Nenagh or Clontnel,
they had no jurisdiction, unless where a special order
was made for the removal of prisoners, and there was
no such order made in the case of the men who had
just been tried.
The ATTORNEY. GENERAL, on behalf of the Crown,
stated that upon a former occasion the point was
raised, when one of their Lordships (the Chief Jus-
tice) filled the position he then occupied, and was
overruled.
The Couai at once confirmed the decision, and
sentenced the prisoners to be each transported for
seven years.
The CIaIEF JUSTICE, in pronouncing judgment,
observed that the punishment would have been much
more severe, but that it did not appear any violence
was committed. He also called attention to the fact
that the prisoners were in their present position
owing to the breach of confidence of one of their own
guilty companions, and advised all those persons who
in crime, and were as yet at large, to
Eire
up all up
connexion with men who would, the mo-
mentwere rnix
their own liberty was at•stake, betray them into
the hands of justice.
The prisoner Hogan, who has been convicted in
this case, is a notorious character, and believed to be
implicated in several of the most barbarous murders
that hare taken place in the county Tipperary for the
last two or three years, and amongst others, in the
assassination of Mr. Waller; the evideuce against
him, however, although strong, was not such as to
warrant
r r
putting him on his trial in
any In Mr. Waller's case the as
inntos the
instance. Crown in
de-
ceased mentioned his name as one of the murderers
before his death, but as there was no dying declara-
tion taken the statement could not be made use of;
out of the way for
gave himself up, when
nant!ityh prisoner,welvs
months, afte after a
tk
lesespti n g
be fcund that the evidence was insufficient, and that
two of his companions were discharged. He was also
theil afornser a young man about
discharged in a short time after his arrest.
AT
MR. BAILLIE.—Edward
Rowan
26, and the latter about 40 years of age, were placed
at the bar and indicted for having attempted the life
E nlidrTjoof Mr. Richard Uniacke Baillie, upon the 13th of
and
November, 1847, at Lisnaturney,
in this county, by
discharging a loaded blunderbuss at him, and inflict-
ing a certain injury upon him by which his life was
endangered. The prisoner Rowan was arraigned as
the party who actually fired the shot, and Daly with
being present aiding and abetting. There are three
other men implicated in this crime, but only two
given in charge to the jury, as their legal advisers
refused to allow them to join in their challenges.
Of the three, one has become an approver, as will
appear in the evidence, and another is in prison ill
of fever.
A most respectable jury having been empannelled,
The ATTORNST-GENBRAiI shortly stated the case
for the prosecution. He said, that like many other
cases tried during the commission, it arose *tit of the
position
which Mr. Baillie held, as agent to a gen
tleman named Rowley, and which brought him into
contact with some of the prisoners, who entered into
a conspiracy to take his life. It would appear that
the prisoner Daly was arrested for a sum of 701., at
the suit of Mr. Ron-I°Y. and that he and the other
man on trial, together pith
several others, knowing
it was Mr. Baillie's usual habit to go home to his
residence, about three miles and a-half from Nenagh,
every Saturday night late, met him on the night in
question, and fired at d
him a blunderbuss, the contents
ofwhich entered his head, and very nearly deprived
him of life.
Evidence in proof of the above statement was then
I called.
The ease for the prosect#ion had not closed at post
hoar.

be sent to each shareholder a week before the holding
of that meeting.
The report was adopted, and a vote of thanks
having been passed to the Chairman the meeting
terminated.

THE WEST CORNWALL RAIL-
WAY.—(THIS DAY.)
A special general meeting of the proprietors of the
West Cornwall Railway was held this afternoon at
the offices of the company in Broad-street-buildings,
for the purpose of deciding whether the works of the
line should be proceeded with at once or postponed
for two years; Captain Moorsom in the chair.,]
The CHAIRMAN stated that the company was under
certain liabilities, which could not be hung up if they
were inclined to postpone their works, and therefore
the directors proposed to ask the shareholders for
power to proceed with so much of the line as lay
between Hoyle and Penzance, a distance of about 17
miles, which could be made for 80,000/., and which it
was estimated would yield a return of between 8 and
9 per cent.
After some discussion, the meeting proceeded to
vote upon the question for which it had been con-
vened, when there appeared—
For proceeding 5,810
Against it . .

The asents being more than three-fifths of the
shares delivered in, the directors were empowered
under the Act to proceed With the works.
The meeting terminated with the customary vote
of thanks to the chairman.

COMMIT'FAL OF A WIFE AND
MAN SERVANT FOR WILFUL MURDER.
A DRROAVRNNY, SATURDAY, 3 A.M.—The greatest
excitement has prevailed in this district for some time
past in reference to the death of Mr. William Howells,
a farmer, m the parish of Llanwellen. He died on
the 10th of last November. Subsequently to his
burial his wife and man-servant conducted themselves
in a manner which excited suspicion, and various
persons living in the locality, knowing that the de-
ceased died without being attended by any medical
man, were not slow in charging the wife and her
male servant with having murdered the deceased.
These charges came at length to the knowledge of
Mr. Coroner Hughes, and assumed such a shape that
that gentleman considered it necessary to hold an
inquest. Accordingly the deceased's grave was re-
opened for the purpose of making a post mortem
examination of the remains, and on Friday, the 7th
of the present month, a respectable jury met the
Coroner at the Hanbury Arms, Llanwellen. The
only proceeding which then took place consisted in
the jury viewing the body and giving the contents of
the stomach into the charge of Mr. Steele, a surgeon,
for analysation, and the inquiry was adjourned. The
Court was re-opened on tke 14th, when the following
evidence was adduced :
Sane Morgan, a servant to deceased, said that her
master enjoyed good health up to the 9th of Novem-
ber last. Ile had some apple dumplings for supper
that night, and shortly afterwards went to bed. The
last dumpling he ate his wife helped him to, which
she split up the middle, and put what she thought
were sugar and milk upon it. The deceased, about
ten o'clock, was seized with vomiting and purging,
with excruciating pain, and he continued in that state
till twelve o'clock the following night, when he died.
After her master's death her mistress slept in the
same room with the man servant, James Price.
Shortly before deceased died her mistress said it was
no odds if she gave him a fatal dose. Witness told
her she would not, as she had another world to think
of. After the body was exhumed she said, "It will
be better for me to stand my ground, and then I shall
not be suspected so much." She also said to witness,
" If anything is found in his stomach you is ill be
hung because you made the dumplings."
Richard Steele, surgeon, who made a post mortem
examination of the body, proved that deceased had
died from the effects of white arsenic. He found as
much as 61 ounces of that poison in a very limited
portion of the stomach.

- Edward Evans, a druggist, identified -the wife as
having purchased a shillingsworth of arsenic at his
shop:about the time deceased expired.
Thomas Davis, a labourer, said he had been in the
service of Mary Howells about seven weeks. On
Tuesday last he went up stairs to change his trousers.
Price accompanied him to the room, when be
told witness to shake the gown of the first wit-
ness. He did so, but nothing fell out. Price then
told him to put his band in the sleeve; which he did,
and found a brown paper parcel. He declined to open
it, because he thought it looked very suspicious that
Price should tell him to shake the gown, and not do it
himself. He called his mistress up, and she exclaimed,
"Here is the poison—that girl has done it."
John Royston, a constable, proved having appre-
hended Mary Howell the preceding day. The latter
told him that she had seen the servant girl give the
deceased the poison in a cup, after ha had eaten the
dumpling.

The jury, after consulting, returned a verdict of
"Wilful murder against Mary Howells, the widow
of the deceased, and James Price, her servant ;" upon
which they were both committed by the Coroner to
take their trials at the next assizes.

MR. GUSTAVUS V. BROOKE.
(FROM A CORRESPONDENT.)
The following extract from a small periodical pub-
lished in 1846, in Manchester, edited by Mr. J. Eastbv,
called the Manchester Bee, will, we are informed, be
found perfectly correct as to the age of the tragedian,
whps__si(e
_has . beta . . .trroneon . itegl the
1846, and what he has proved himself in 1848.
" The gentleman named was born in St. George's •
place Dublin, in 1812, and received his education at
Edgeworthstown. He drank deep of the inspiring
well—yearned to pass his hour upon the stage—and,
at last, an opening was given him which is worthy of
a passing notice. The late Kean—tte ill-fated Ed-
mund—was engaged to play in Dublin, but ere the
time arrived he was arrested by the hand of death ;
and thus a great chasm was created, and the theatri-
cal world left to mourn over the greatest dramatic lumi-
nary that ever trod the English boards. The manager
was perplexed, made an overture to Mr. G. V. Brooke
to play the part of William Tell, as a trial. The at-
tempt was made and a fortunate one it proved. An
engagement followed, and our youthful tragedian
then went the round of leading characters,' and
played with distinguished success, receiving, at various
places, fetes of magnificent descriptions, costly pre-
sents, and lauded to the highest by all the influential
provincial journals. Meanwhile, his fame and talents
reached the great metropolis, and offer after offer was
made to him from managers of London theatres, re-
questing him to fix his own terms for three years,
all of which Mr. Brooke declined. Whilst sojourning
in Scotland, a fair and titled young lady, daughter of
a Scottish peer of ancient lineage and immense ter-
ritories became smitten with our hero's handsome
figure and person, but, to the credit of his moral
courage be it recorded, he could not see, in such an
alliance, that which ought to be every man's guide
through life—subsequent happiness and satisfaction
to all—and he hastily abandoned bonnie Scotland,'
and made a brilliant professional tour in England.
His first appearance in Manchester was for Mr.
Egerton'a benefit, at the Queen's theatre, in 1838, as
Edgar Ravenswood, and the extraordinary sensation
he created in that beautiful piece-11 gem in
the crown of laurel which encircles the brow
of one of Scotia's sweetest bards—the im-
mortal Sir Walter Scott—fully equalled anything
ever witnessed in this town. He afterwards made
his debut at the Theatre Royal as Richard the Third,
and gained laurels from every one capable of appre-
ciating a sterling and startling impersonation of the
tyrant Richard. In a short time Mr. Anderson
attempted Othello at Drury-lane, under Mr.
Macready's reign, and the lavish praises bestowed
upon the attempt' made all eager to see Anderson's
Moor.' He was announced to play it here, and
Mr. G. V. Brooke to represent lago. Excitement
became rampant, the house was crowded, and the
reception of the tragedians tremendous. Without
wishing to disparage Mr. Anderson's Moor,' we
are forced to state that Mr. Brooke's lago eclipsed all
that night, and was so admitted by the audience. An
offer now came from Drury-lane, which Mr. Brooke
again declined, making eight metropolitan temptations
in fourteen months I There can be but one opinion
of Mr. G. V. Brooke as a tragedian. He has every
requisite for the profession he adorns, and has a voice
unequalled for strength and harmony, which he modu-
lates and governs with consummate skill."

---
Loss OF THE ATENrIER.—A letter from the British
Consul at Palermo announces that a portion of the wreck
of the Avenger has been washed on shore at the west
coast of Sicily. Amongst other matters there have been
found the body of an officer in uniform lashed to a spar,
a boat, and R carronado gun, marked Avenger, 181 b.
Some surprise is felt, not only at the distance from the
wreck where those portions have turned up, but also at
the state of the ourrents, which would make tho place
appear a most unlikely one whence to expect any tidings
or anything to elucidate the melancholy catastrophe.—
Oblerver.
DESTRUCTIVE FIRE IN HIGH liomionts.--Yester-
day morning, shortly after one o'clock, a fire, attended
with a considerable destruction of property, broke out
upon the premises belonging to Mr. James Voile, auc-
tioneer, situate at 288, High Holborn. The discovery
was made by some of the neighbours in the opposite
r houses, who saw smoke issuing from the upper windows.
An immediate alarm was given, and the residents were
made sensible of the danger to which they were exposed.
The whole of the parties, with the exception of a child
in bed, asleep, were able to get out without much diffi-
culty; but upon their again attempting to ascend the
stairs, to rescue the child, they found the place so full
of fire that they were unable to enter. One of the fire-
men, of the name of Stagg, upon learning that a child
was in the premises, succeeded, at no little personal
risk, in forcing his way through the smoke and heat,
and he happily succeeded in bringing the child out in
safety.