The Sun.
London, England, 1833-07-23 00:00:00

IRISH ASSIZES.-CLONMEL, JULY 18.

At the sitting of the Court this morning, two men, Willis
and Marshal, were placed at the bar, charged with the viola-
tion and murder of a young woman named Margaret Kennedy,
on the night of the Nth of June, 1830, at a place between Nenagh
and Birr, in this county. The circumstances connected with
the history of this crime, and its detection, are amongst the
most remarkable in the annals of criminal jurisprudence. It
appeared that immediately after the perpetration of the horrible
deed, Willis effected his escape, and was not heard of until a
few weeks ago, when he was taken at Dundalk, in the north of
Ireland. Marshal, on the contrary, was taken into custody
the day after the murder, and detained until after the Summer
Assizes of that year; when, for want of evidence to bring the
charge sufficiently home to him, he was liberated on bail, and
remained at large till the account of the apprehension of Willie
induced him to go to Dublin, where he was arrested nine days
after the capture of his accomplice,

The evidence against both culprits was completely circum-
stantial, and consisted in the testimony of 17 or 18 witnesses,
who proved the following facts :—That on the 4th of June,
three years ago,which day was then, aMd is still a holyday with
many of the lower orders of people in this country, the pri-
soners were seen in company with the deceased at Nenagh
about twelve o'clock in the day. From that hour until neatly
ten o'clock at night they were observed by different witnesses,
and at different intervals, either at Nenagh or on the road
towards Birr, in the direction of the place in which the body
was discovered the following morning, about four o'clock.
The most important evidence was that of a woman and her
daughter, who kept a public-house about three miles from
Nenagh, not far from the scene of this tragic event. Both
these females stated, that on the night in question the pri-
soners and deceased came to their house between eight and
nine o'clock. The prisoners called for three pints of beer,
but the deceased declined taking her share, which was, how-
ever, drank, or supposed to have been drank, by some third
person who came into, or was in the house at the time. The
fact of the appearance of this third person at that moment was
material, as it afforded the only grounds of defence which
appeared plausible, inasmuch as it was admitted by many of
the witnesses that a man, who was a common acquaintance of
the parties, left this country for America very soon after the
murder. As there was not, however, a tittle of evidence to
show that the third person alluded to and the man who went
to America were identical, and it being proved that the latter's
intention of leaving this country was known long before the
murder, this point in favour of the prisoners completely
failed. The woman and her daughter proved, that after
drinking the beer the prisoners left the house. The deceased
had gone out a few seconds before them, and turned towards
Nenagh, calling on Willis to accompany her home, as he had
promised. She was, however, seen a few minutes after pro-
ceeding towards Birr, with the prisoners linked on each of her
arms. She was found dead the following morning, about four
o'clock, at a short distance from this public house. The me.
dical gentleman who attended the inquest proved the recent
violation of her person, and that her death was caused by
strangulation, there being several bruises and contusions
about her neck. There was also a greater haemorrhage than
natural from the lower part of the body, but not such as
would cause death. She was found in the same dress in
which she had been seen with the prisoners the day pre-
vious, but the bonnet was much torn, and her blue mantle
coiled up under her neck and shoulders. Marshal called the
same morning at an early hour, accompanied by his wife and
sister, at the house of a woman near Birr, apparently much
exhausted, and demanding refreshment. This woman proved
that she heard him tell one of the women then accompanying
him, who asked for Peggy Kennedy, that he left her in a
faint, or fainting. He made a confession himself on being
taken, to the effect that he was not guilty of the murder, nor
present when it was perpetrated, but that he heard the
young woman's screams, and did riot go to her assistance.
The pantaloons in which Marshal was taken the day after
the crime appeared as if blood or dirt had been recently wiped
off the waistband and knee. _ _ .

Such were the snore prominent and leading facts proved on
the part of the Crown.
For the prisoners, Marshal's brother and sister swore, that
on the night in question he was in their company, and that the
dirt on his dress, and the condition in which he was found the
day following, were occasioned by his lying out all night in
company with his brother, who having found him drunk, was
endeavouring to bring him home, but could not, he was so in.
toxicated.

The jury, after a luminous charge, and recapitulation of evi.
deuce, by Chief Justice Dogherty, deliberated for some time,
and returned a verdict of Guilty.—They are to be executed
here on Saturday morning.
Yesterday, two men named Grogan, and one Dwyer, were
tried, and found guilty, of joining with 700 or 800 persons, who,
on the 21st of December last, pursued Mr. Lowe, a magistrate
of the county of Limerick, and the Hon. W. O'Grady, son of
Lord Guillamore, the late Chief Baron, for several miles,
threatening their lives, Ac. It appeared that it happened during
an election in Limerick, and that both gentlemen were travelling
in a gig, for the purpose of getting voters. That the country
people assembled in great numbers, and pursued them for seven
or eight miles, until they took refuge at the barracks of Galbally
in this county, whence they received protection. Some miti-
gating circumstances appeared in favour of the Grogans, as that
they were merely led by curiosity to join the crowd.—Sentence
not yet passed.

JULY 20.
James Daniel, a farmer, and Bill JP Clean, his workman, or
servant, were tried yesterday for the murder of the Rev. Mr.
Whitty, a Protestant clergyman, on the '23th of January last
year, at Goolden in this county. From all the circumstances
connected with this barbarous transaction, and the period at
which it occurred, it being about the time when opposition to
the payment of tithes was greatest, the atrocious deed, and at.
tempts to discover its perpetrators, has excited great interest
throughout this part of the country. The evidence, like that in
the ease of Margaret Kennedy, which I sent you yesterday, was
altogether circumstantial. And though the officers of justice
have been active in searching after the murderers, and the
matter underwent a long, patient, and impartial investigation
before Chief Justice Dogherty and a respectable Jury at the

Assizes, it is still to be regretted that the blood of a fellow
creature, and• a venerable member of the community, shed in
open day, is still unavenged. The most remarkable circum-
stance attending this case, is, that many of the facts elicited at
the trial were relied upon, equally by the prosecutors and de-
fendants.
It appeared that, on the day already mentioned, Mr.
Whitty was seen going towards his residence, or glebe house,
which was but a few fields distant from that of James Daniel,
and that the direction in which he was proceeding was such as
would lead him by or near Daniel's house. Two witnesses
proved that the fact of his being dead or missing was known
at the house of the brother of the accused Daniel early the
same evening, and that the boy M'Clean volunteered to go,
with a third person, to the glebe to give information. On
their way they passed near where the body lay, when the
third person refused to go forward with the intelligence, lest
he should be suspected of the crime. Upon this M'Clean also
declined going, as if actuated by the same fears. Other wit-
nesses proved that they (witnesses) were of the party who went
out:that night in search of Mr. Whitty. They arrived at
James Daniel's house about nine o'clock, and found him
prompt in his information respecting the reverend gentleman.
Ile said that shortly before sunset that evening Mr. Whitty
came to his house, and complained of fatigue, having walked
some distance from the abode of a neighbouring gentleman.
That after his resting a short time, he (Daniel) accompanied
him beyond a stream of water, which was but a short way from
the house, and then pointed out his course through the fields
to the glebe-house. The same account was given to Mr. Fitz.
gerald, a police magistrate, who called on Daniel the follow.
ing Monday, except that, in the latter account, Daniel de-
scribed the place of his parting from Mr. Whitty to be the
side of the stream nearest his own house, and that he did not
go beyond it. The party in search of Mr. Whitty had candles,
and discovered him at ten o'clock precisely, still alive, lying
on his side, in a stubble field about 176 yards from the stream
at which Daniel said he parted with him. He died the follow.
ing morning at five o'clock. It was stated, also, that after
the third person refused to accompany M'Clean to the
glebe, Daniel was heard to bid him not to be ready to
tell again, for fear of implicating them, as he already
had apprehended. There was no further evidence, cri-
minatory of Daniel. With respect to M'Clean, it was
given in evidence that he helped Mr. Whitty down a ditch, or
height, on his coming to his master's house that evening;
and that he told some persons afterwards, that evening, that he
(Mr. Whitty) was as light as brown paper; and further, that
when accompanying the third person towards the glebe house,
he said, if the parson were not dead, he would knock the
brains out of him ;or words to that effect. It was also in evi-
dence, that M'Clean was seen at one time running, and again
walking fast that day, near the time and place that Mr.
Whitty was passing that way. That he was then dressed
in a flannel waistcoat, with trawnycens, that is, hay ropes
about his feet; that he afterwards changed his shirt, and was
seen with a blue coat, and shoes and stockings on, at a later
hour. Two gentlemen gave Daniel a good character as being
regular in his habits, peaceable, well conducted, and respect-
able in his station of life—that of an humble farmer. One of
these gentlemen was Daniel's landlord.
These are the most prominent features of the evidence as
affecting both prisoners. The Judge summed up the entire
with great precision, minutely examining and commenting on
every part as he proceeded, and concluded by telling the Jury,
that whatever grounds of suspicion they, might, from the evi-
dence, be disposed to entertain against the prisoners, or either.
of them,they ought still to acquit them of the murder, unless,
in their consciences, they entertained no doubt of their guilt.
The Jury deliberated nearly two hours, and then returned a
verdict of Not Guilty.
This morning Matthew Lacy, one of the witnesses produced
yesterday for the Crown on the above trial, was indicted for
perjury.
1)r. Fitzgerald the police magistrate deposed, that on the
15th of February last he took the deposition of the prisoner,
at the House of Industry in this town. He produced these
informations, signed with the prisoner's mark, in the presence
of two witnesses. By these informations it appeared that Lacy
had been frequently examined before respecting the murder of
Mr. Whitty, but not on oath, and refused to make any dis-
covery. That on the day of the murder he was ploughing in
the field in which the body was found. Saw the deceased pass-
ing through the field. Saw M'Clean run after him, and knock
him down with a stone, and then strike him when down twice
with a stone. That he immediately loosed the horses from th•
plough and left the place, lest being seen near the body he
might be accused of the murder. The informations were
sworn to voluntarily, and at Lacy's request, who said he feared
others would tell if he did not, and he might be implicated.
When called and sworn on the trial yesterday, Lacy declared
he had "not seen William M'Clean run atter and strike Mr.
Whitty on the day he was murdered," and refused to give evi-
dence, denying that he ever swore to the informations men.
tioned. To-day he made a long rigmarole speech to the effect
that he was made drunk on the 15th of February last, and under
such influence, and the promise of 2,0004 reward, by a person
named Harvey, a publican in this town, was induced to sign
the depositions.
An officer of the Court, and a Magistrate, proved the words
used by him yesterday contradictory of his sworn informations.
The Jury without hesitation found him Guilty, and he was
immediately sentenced to be transported for seven years.
Another nian named Sullivan was brought forward for the
prosecutor yesterday also, who refused to give evidence, or
take an oath, alleging that two men met him some time ago
on the banks of a river, and obliged him to swear he would
never take an oath or give evidence in a Court of Justice. He
persevered in this refusal, although twice called upon, and was
accordingly committed for contempt of Court.

Vice-Admiral Sir HENRY DIGBY, according
to Club-house report, is likely to he the successor of Vice-
Admiral Sir JOHN Poo BERESFORD, the Commander-in-
Chief at the Nore, whose command will expire on the
30th instant. The naval command on the Irish station,
held by a flag-officer, has been abolished, thereby saving
2,1901. per annum.

The following are the outlines of the LORD
CHANCELLOR'S Bill :—After quoting the Insolvent
Debtors Acts, it recites the preamble, and then proposes
to enact that his MAJESTY may direct the Judges othi•r
than the chief of the Bankruptcy Court to act in the
Insolvent Debtors' Court.
2. Such Judges to have the same powers as the Commissioners
of the Insolvent Debtors' Court.

V
. ..._
3. That the Treasury may direct payment of their travelling
expenses.
4. That the Court of Review may direct Registrars or Deputy
Registrars of the said Court to attend the said Judges.

5. That it shall be lawful for his Majesty, by sign manual,
from time to time to authorize any one or more Judge or
Judges of the said Court to exercise the same jurisdiction and
powers in all respects as by the said Insolvent Act is given to
any three of such Judges ; and also to direct at what times the
said Court of Review, and all or any of the Judges or Commis-
sioners of the said Court of Bankruptcy shall hold their sittings.

COMMISSION DE LUNATICO INQUIRENDO.
—This was a Commission, issuing from the Court of Chan-
cery, by direction of the LORD CHANCELLOR, appointing
an inquiry respecting the state of mind of the Eat! of
KINGSTON, residing at Brislington, in the county of So-
merset, at present under the care of Dr. Fox; and parti-
cularly as to whether he had been in a state of lunacy
since the 9th of April, 1830. After bearing evidence,
the Jury delivered the following unanimous verdict:—
" That Eke Right Hon. GEORGE Earl of KINGSTON has
been of unsound mind since the 9th of April, 1830 (with.
out enjoying a lucid interval), and so continued until the
present period ; consequently that he is incompetent to the
management of his affairs."--Felix Farley's Bristol
Journal.

The sailing of the United Kingdom has been
delayed, and the Conservative Club will have time to
reflect on the nature of their purchase. We are sorry
that the news of Admiral NanEit's victory did not arrive
one day later; in that case she would have fallen into the
right bands, and the money of the English Tories, how-
ever unintentionally on their part, would not have been
expended in vain. In their anxiety to serve Don Mzuuxt,
his Conservative partisans bad overloaded the ship, and
thei eby exposed her to imminent peril in the event of her
encountering heavy weather; but they will now have
time to discharge ber cargo at their entire convenience,
without sending it out of the " United Kingdom."
SIR HUSSEY VIVIAN.—A rumour was cur-
rent in the garrison that this distinguished officer is about
to succeed Sir JAMES KEMPT, as Master-General of the
Ordnance. It is also said that Lieutenant-General Sir
COLQUIIOUN GRANT comes to Ireland as Commander-in-
Chief, an appointment which, if correct, would give infinite
satisfaction in Dublin, from the recollection of his former
conduct during the eight years be commanded the Leinster
district. Sir COLQUIIOUN has recently succeeded to a
very large fortune.--Dublin Times.

A letter has been received here (Portsmouth)
this week from Captain NAPIER, now commanding the
Pedroite fleet, in which the gallant Captain laconically
says—" Dear ---, Here I am landed at Lagos (about
100 miles from Lisbon), as happy as when at the hust-
ings at Portsmouth. We have landed 3,500 brave fellows,
who have plenty of money, but scarcely a rag to their
Send out as soon as possible plenty of canvass
trousers." Among the captives taken in this expedition
is a fine ring-tailed monkey, which has been sent hom eas
a present to the Hon. Captain's lady, at Purbrook, where
it arrived in safety on Friday morning last.—. Brighton
Guardian. _

----
The— following inscription is engraved on the
socle of the statue of NaroLeoli :—" On the 28th of
July, 1833, the anniversary of the revolution of July, in
the 3d year of the reign of Louis Philip 1., King of
the French, by a Royal ordinance, dated 6th April, 1631,
issued upon the proposition of M. Casimir Perier, and of
the Council of Ministers, the statue of Napoleon was re-
placed on the column of the grand army, M. Thiers being
Minister of Commerce and Public Works." On the other
side of the socle are engraved the names of the sculptor
and founder.