The Sun.
London, England, 1802-09-09 00:00:00

DU.BLIN, SEPT. tp

e melancholy fate of the ingeniuus r.
mg has tot,. we find, deterred others from explor..
ing the recesses of the Deep by reans of the diva
ing-machine or bell, as on Tuesday l; t, Mr. Ficav,.
james.street, descended from a vessel in.cur
bay, which was for the purpose moored over the spot
where; some months since, a 'large Cumberland
collier had been sunk. He continued immersed
one hour and three quarters, (luring which a fresh
supply of air was introdUced into the hell by means
of a pneumatic engine worked on the deck of rhd
vessel, and communicated by a tube ; a method
more efficacious and less hazardous than the• sink-
ing of air-ea±s, as hitherto prakised. His object
was to ascertain the praCticability of raising the
sunketiship.
New wheat sold on Wednesday at our market at
3.t;s. per barrel ; it appeared W be well...saved and
of good quality.

The following particulars are given as authena'c
by a Correspondent in a Morning Paper of ester
day :—" A Gentleman a few nights ago accornpa_
nied a Cyprian from the Circus to her Jottings in
St.•Geotges-row, where heproposed to sleep with
his fair asbjea of attraction ; but she refnsed him re-
.
peatedly, without giving any satisfaelnry reasons
As her person and deportment were extremely be_
witching, he -continued very solicitous to stay with
her the night, and used all the eloquence he was
master of to make her signify themotiese of her ob_.
jeCtion. She at last appeased very embarrassed, and
told him, in'a low. tone of voice, that ,she had not .
been a lodger mote than four days,
.and, the first
Gentleman who slept with her was taken out of her
bedln the night by six'men, arid she has never seen
or heard of hint-since, and was quite ignorant as to
what the people of the house did' with him.• She.
said they threatened to murder her, if she made any
noise, or gave theleast alarm ; that they were in-
famous 'characters, and -made •her promise to bring - •
them customers, as theT were pleased to call the un-
fortunate persons who came• to the house. • She ac-
knowledged she brought him from the Circus for '-
their purpose, but that her feelings would not suffer
her to carry on the plot. She expressed a wish to
leave the house, but observed, the gang were sO
numerous belonging to her' landlord, that healife
was in danger in any part of London in the even-
ing,
at which time her situation compelled her to
be oet in order to obtain subistence, and declared
she fancied herself so involved with them, as not to
have resolution enough to run away. The Gentle-
man
seeing a bolt on the door, observed, That he •
thought no person could enter
pie rboin without
making a great noise. She then' him to the
end of the apartment and liftedettp a.pannel, and told
him that was the secret entroce, through which a •
gang of fellows would come insthe night to put in'
execution their wicked designs., She then said it •
was not too late for hint to make his escape, if he
would accompany her. The Gentleman promised
to be a friend to her if she aged as a woman of ho:
nour. She requested him to talk loudly going down
stairs, of their intention to get a few oysters and.
return immediately. The girl put all her valua- •
bles in her pockets,' and instantly conduded him
out of the house in perfect safety. The private •
door, with other circumstances, 'as well as the sim_
ple story of the girl, convinced the Gentleman of
the danger from which this fair Cyprian had deli_.
aerial him, and which induced him to make her an
ample compensation for her honesty. The •Csentle._
man's situation in life prevents him from taking an
active part in the disedvery of this nest of, wretches. •
.The back of the house looks into, and communicates
with the ruins of the Apollo Gardens,. which, in
fine weather, are not only a shelter for, but filled'
with robbers, who pass the, night in plunder.",
MURDER.—Among the many instances of human
.depravity which we daily see and hear of, the fol-
lowing w Mdse. found equal in atrocity to any trans-
adion in the memory of man: On Thursday morn-
ing last, about two o'clock, Mr, Tolerton, of
Flanshaw Lane, near Wakefield, was alarmed by
an uncommon noise, and on getting up and looking
DUE of the window, he observed a man on the other
side of the road washing his hands, and a light in
the house of Elizabeth Smith, one of his-neighbours,
living, opposite. On his giving the alarm, the light
was extinguished, and the man he had seen, ran
away. Mr. Toler`ton then entered the house, and
found Mrs. Smith in a little room at the back of -
her bedchamber covered with blood, cut and
bruised in a manner too tireadful to relate, and •
writhing in the agonies of death. She' was quite
speechless, and survived but a few minutes. From
some suspicious circumstances a young man about
19 years of age was taken up. On, his fist exa.
ruination he flatly denied having any knowledge of
the horrid event, but at length confessed that he
committeds.the merder in company with. R,ichard
Heald, another; young man in the neighbourhood.
Understanding the deceased, was weals mane:, they
broke open the house with a fixed resonation to rob
and murder her. Tery 'held the unhappy woman
while Heald cut and beat her, and -by aecident
wounded his tiecomplice's hand, which he•was em-
ployed in washing when seen by Mr. Tolerton.
Heald denies the tvhole. The villains are, both
aperentices, and-are fully committed to York Castle
for trial. The deceased was upwards of 7o years
old, universally respected. She has left three sons
(all well settled in life) to lament her loss.
Some of the finest Dancing, accompanied by ex-
cellent Aging, attends the new Grand Ballet Dance
brought out at the Royal Circus, 'named Zamor and
• Zara 'composed by Mr. Byt`ne. In the charac-
•, -ter of Tairior, Mr. Byrne displays the height of
execution and taste, nand Miss Adams, in Zamora,
is enchantingly graceful, and her performance com-
pletely in the first stile. The loudest pidudits at-
tend, an,' most deservedly, Master Byrne in Zorai,
the Peruvian Boy ; his exertions, both in daecing
and action, are such as we have never-before wit-
nessed at his years. The charming Music of the .
late Signor Bassi, and the pleasing Overture of Mr.
Ware, assist not a little' in heightening the atirac
tion•of this admirable produtaian.
Several robberies have lately taken' place on
Finchley Common, Which is infesteal by a numerous
gpig of
.foOleadss

G'

$

r

5

.

t.,

TRIM ASSIZES.

AUG:- 2+ 1.802.

WARtARFTO'BRIEN BUTLER; PLAINTIFF ;'REV.
A. DLT,NN- (SgCRETAXY TQ THE ROMAN CATI-110::
LIC COLLEGE-OP MAYNOOTH), DEFENDANT.
• THIS • was.. an EjeCtment on the Title, brought
• for the recovery ofthe landae in the'Pleadings Men-
• ee' timed, which had been devised -by the late Lord
• DutaboYue to the Trustees of the College of May-•
nOoth—and. which Will, the Plaintiff; his Heir at
Law, sought to set aside. -
:The case fOr-4he Plaintiff Was stated by Mr. Sere
jeant B/liabiae, who thentioned----4hat. Lord Dim.
bov ne- had') en born'and educated a: Roman Catho.
• ,
lid, anfiliad attained the rank -of a RoManCathulie,
BiAlope•a-that be had kit teiWards' daily cont mined to
' the Protestant-Religion, and shortly bdfln-elii.M.ath
had relapsed to Poperyea—lintf, when weak in his
understanding; 'atfunder the -influence of komiab
'Priests, by whoM :he was constantly visited, had
made the Will in. qiiestion, by whiCh he disinherit,-
ed-his.SiSter, who was his Heir at Law, in& her
• children, and 7 Left.. his estate .in the -County of
'Meath toethe Roman'Caaholic Collegel of -May-
nooth--ellaving been induced to .consider such
vise as a Meritorious ad, and the price of -his'. re,
conciliation with ari,offended God : and the-Learn:.
ed Serjeant stated,,that, by the. Laws now in farce;
- a person relapsing .to,,Popery 'the, Protestant
Religion, Was deprived of die benefit of the lawsmade in favour of Roman CaTholics, and was, of
'course, as under the old Pepery. Laws, incapable of
making a Will of Landed Property, V .
On the parrot. the Defendant, it was admitted---
that the late Lord-Dunboyne 'was seised its fee of
the lands in question, and that the. Plaintiff was his
Heir at Law, which made a firima facie case for the
. • ,
-The case of the pefendant was then stated by his
Counsel, who.said—that the late Lord Dunboyne
being seised in fee of the lands in question, and
• having no issue himself, nor any desoanda.nt it the
• male line of his family, and having another consi-
; derable landed estate> in the County of, Tipperary,.
bad, of his own free-will; and, -as would he clearly
shewn, when peafedly- in his. understanding, and
uninfluenced-by any art or pradice-whateVerieleft:
.hiSestate,in the County. of .Meath to the-Truatees
of the College of Maynooth,‘ who were empowered
by an Ad of Parliament to-lake Landed Property
to- the-amount of moot. per ann. fOrethe benefit of
said College ;.and had left his other Estate, "and- the
rest of his Property, to the Plaintiff and-her family.
-He -observed, that an outcry -was always' raised
when any_ thing of the kind was left; to it'Pablic.
Body •; and that, on- such oceasionaa- a great deal
alias always ,said of the- hardship of disinheriting the
Heir at Law, &c. the Learned Gentle-
. man said, that if such outcry had been attended to,
neither here norein England should.. we-have to
boast of those numerous charitable and public Insti-
tutions-which formed the' pride of each Country ;
and asked,- why a devise to the College of May,
nooth sleatuld not be as good and valid as rine-tas the-
tvinaein Hospital, Simpson' Hospital; Stevens's
Hoseital, Sac. &c. when the Law ;permitted
aaeh cl,vise to bi made ? The Learned Gentle n.
concluded ny observing, that it woald be proved
on behalf of the Defendant,' that theje,tatOr was.
of sound -Mind,_ unieffuenced, and empiewered by
Law to 'the devise in question •and • tr,at alt
be asked from the Jury wea,-- what he knew men of
their respectability - 'would nor Teluee; him; viz. a
Verdid conformable •to La-W -and -lividtlice.••"-• •
• • Ox-i behalf of the Defandantse the -Will of Lord
Dunboyne, coritainirrg a- (-revise of the lands in
• question to the... College Of.Mayn6ath, was then
proved by one of the ealaszeib'olg Witnesses; wito
also, provcd thache was of sound mind at the time
of making it. ,
. The Pinintiff then proceeded "to examine_
nesse< to fin, each the legality of the Will so rnade.
The first Witness for that purpose was the Re-v:
Mr. •Duidevy, from Clonmeli, who proved,-that he
was Curate to- the Ream-. of °oilmen, a Mr.
Moore, when Lord Dunboyne received the Sacra.
ment of the Lord's Supper on Supday, the loth; of
August,-.e787, duripg..Divine Service, in the Pae
rishChuren, and assisted that day in giving the
Saerathent ; and the same Witness produced the.
roll, containing the Declaratien againsa Popery,
and the. roil, containing, the Oaths of Allegiance,
Supremacy, and Abjuration ; and proved that the
same were, on the said day, administered 1?y The
Moore to Lord DunboYne-;: but only ore
of the rolls so produced appears to be signed by
„
Lord Dunboyne.
The next Witriess.for the Plaintiff,was Dr. Put.-
cell, who said, that he had attended Lard Dunboyne
in his last illness, and had been asked- by .him to
deliver a Letter to the Rev. Dr. Troy, which he
accordingly did, and brought back ze written an-
swer.; thaNh
ie brought a second -Letter frotethe
dale' ased to. Dr. Troy, and also brOtight back a
written answer ; that he was ignorant of the con-
tents of any of the Letters, and had no.conversa-
lion I,vhatSoeiter, at any time, with Lord Dunboyne,
nn the subjed of them, or about Religious.matters
of any kinde
The next Witness was the Rev. Dr. TroY, wfto
said, he
.was Roman Catholic Archbishop of bob.
lin : that Dr. Purcell had brought him, shortly. be..
fore Lord Dunboyne -died, two Leiters from the said.
Lord Dunboyne, staling a wish to be received back
into the-Coliiniuniian Of the Clitirch-of Rome '; One
of which Letters contained aii-inelciare, which Was
a Letter to the POpe, confeSssing his contrition for
having abandoned the Raman Uathoijeaßeligion,
and broken his vows 'as a Roman Catholic Bishop
and requesting forgiveneSa, and -tobe again received
into the Chierch. This last'Letter, Pr..Twy said,
be had forwarded to R me;a that finding Dird Dan-
t-tune was tot likely to live until an answer came
back, he had, olhis own authority., Consented to
1-end a goraiao Catholic Clergyman to Ifim-:-and, had,
accordingly, 'sett theßev.Mr. Gahan. 'That
.11.0
bad b7etaaarld by one of Lord Dunboyne's nephews,
that Lord-Dunboyne intended Retying a considera-
ble part of his Estate a aray from his Relations, and

, giving it to the College of Mayricoth-,,and that lit
had written to Lord Din-Moyne, expressing
approbation of such a•devise, and recommending to
hint to leave his Property amongst" his Fam;"ty ; ;4%1
that, .finding Lord Dunboyne.persits, he again wrote.
to.him, .telling,:him, that if he was deteetnine.l to
leave something•as a mark of his sincerity, in re-.
turning to the Roman Cathode Religion, it weuld
•: be as well done by a'sMall 'Legaey, as by giving
away any.part ofhiSinheritance.• •
The- next.Witness.7,vas a Seryant.maid, who h
lived with Lord Thitibovile; and who swore,-that
the Rev:Mr. G.,lian a Pemein Catholic Priest Ii d
2
frequently visited `the in his last ;
that on one occaAlA,t4M,lften Galvin quitted thy
room, -where he had been with the. decesued, Wit_
*neis Went in ; that-DW,Waboiii tweiVe iri the•dav ;
fleet there was a caridte lighting on the table, a,O a
round silver-bhice which 'she opened, and in
it found • the Sacrament ; that Lord Duuboyne was
bed, and desired' the \itness'to bring* the box
over 'to him; which the did, when-Lord Dunboyne
put it*undeChiss pillow: Witness said she was a
Roman Catholic,' and that it Was the liraftice in the
Raritan -Catholic "Church "to have catidleS lighting
when the Saoranient 'was administerttd, , '
The •next WitnesS."was-theßev. Wm. Gahan, who
• . •
fte•visited Lcird "Dsitiboyne-in his last illness,
by the..dire:dicta of Pr, Troy; that; he was first in_
trodier.:ed. there as .a Plivsiciab ; that by Dr. Troy's
41esire; he entleav,-,wed tO,dissnade him heat leaeing
any .t.,art. of his Property. --stmecy from- his Family
:'expressed his own. disapprobation of it ; that Lord
Ptinb'oene said he •had no-children,. nor no.Repre-
i. s'entarives in the Kale Line" ;• that he had"-consulted
Professional - Men, and ,was advised he .11,4 a right
to diSpoSe of his Estates as he thought proper ; that
he had two Estates, and intended leaving one• of'
them amongst his RelationS, and saw. to hardship in
leaving the other fn the College of Maytioot h. *Fle
said;'no candle had ever been-lighting in the room
at any time when be.was there , that, was usual
to hate•candles lighting when_the•Sacrantent was
adminiStered, tiec,nrding, to the rites-of the Roman
Citholk. Church—hut that it Was not essentially'
necessary, and might be dispensed with, for proper
reasons. He solemnly 'declared., that-he never saw,-
touched, or made any use whatsot ver of the box,
which • hehad heard the Fete tie Witress, who liad
preceded him assert; she lotead on the table, 'and ;
handed to Lortinnaboytie. I fe declined. answering •
several questiOniii that were'pue to him, -Wedging,
he had no .kroiwledge •on. the ,subject of Mein, ail_
sttading „from knowledge, whichi if xlstitig, was
derived ',from confidence .necessarily reposed in him
irethe exercise of his' fundionsas'a•Roan- Caiholic
Priest,- and submitting,-.he was not hound by: Lady
to: a disclosure "of fads which had come to -his'
knowledge-ill-that. way—nor could he, according to
the ackn"wledged principles- of. his Reih,,!ion do so.
Being asked, .-whether Lord Dunbop.re had ewer
at any time during his last illness,: declqred-himself
to he a Roman Catholic s."! He dectincd answer tog
On • the. • some ground,:alledging, that 'abstraaing
from dechaations, it: made 'at all, made in confi-
dence,'-.as above, he had not," and that he was not
bound; • filar at liberty to disclose, whether, under
such'confidence, rel..amediin such capacity, 'he had-or
had not
_so declared.
Mr..O'GreAny; "on behalf of the Plaintiff, said,
he-was under•theagreable dise necessity of. desiring
the opinion or the Court on the subjett.
_Lord KILWiNIiDEII th"repei-itgd the question to
and asked him wl:ether_ be- would an_
swet it or not ?
~.. Mr. Callan' assured his Lordship that -it gave him
'the utmost concern not to be abe to satisfy the
-Cpurt on the •subjed ; _that nothing was so far froth •'
his mind as a wish to spew any iliA-espea—that on
the contrary, publicly stud sincerely-profesed the
utmost respeel for the \Court in which he stood, but
, staltmitted, that his LOrdshili eptild not wish him to
finish a.lite of above seventy, years, employed in
preaching. the Gospel, .and. recoinmending and en-
roreittg submission.. to the laws and, observance
.01 I
ntoraheortduiC, by an open at o:sacerdotal perjury,
and a violation of that morality:-he had been so long
teaching ! He assureddhe•Court, that. by the prim
si"p!es or his Religioaelie_ewal ',prohibited from lie;
trayiag she,seerecy required of as to fats
municated to him_ in the,exacise of Itis•fonetiona•as
kMieister of the Gospel; and that .for that reason,'
and for that only, lie ,was under, the necessity of 4e... -
dining to ..anwer.the question put to him., •
...Lord 41 Ltymit N, saki,. he was not -soliciting .
himeto answer, oil not • to answer„ or telling,him
what he ought to do, but merely.desired. to. knoW
whether he would answer or not--adding, that he
had an abstraa duty. to discharge, and which he was
determined to perform. -.He t hen declared, that in
refusing to answer the question put to him, the
We:v. Wui Gahan was in his opinion; guilty of a
contempt of Court ;. but said le would be glad to
hear any gentleman employed on either side,. or as
.
an
amtims ei‘rze, without being empldvett on either
side, who chose so stand up and to *sliew him that
he -was wrong.
It was then submitted by Counsel, that the Re_ -
verend Gentleman, in answering the question put
to him, might criminate him Self; as by the existing
laws any person aiding and assisting a person in
being perverted' Tioin the PrOteAtant to the Roman
Catholic 'Religion, was made subject to severe per
.realties; and that the -Reverend Gentleman-having
declared, that abstleided from his capacity, Of: a
RoMan•Catholic Clergyman-, -in the exercise of his
funaions; he• knew nothing of such declarations as
the question implied,- if „he were' to• answer any
thing chat would spew •he aged in:that capacity, .he.,
Would come under the description-of a person-aiding ,
and assisting in the perversion of 'the- deCeased,• by
which he would become subject himself to penalties;
and was of course nor bound to answer further than
he had done.
101. E W, who wart f CostriF:el for the ;Di'-
ferlant, after- relying on the same points, stated,
that,' inhi'S opinion, the Witness was not bound by
Law to•disclose any ihing the knowledge of Which. .
lie had aerquired merely from - Confidetic'e :reposed •
in Thine in the exercise of his flindions as *a Ro-
man Catholic Clergyman 3 •iind__declared. that 'What
he had heard stated to be die" Law on that suit_'

jeta,- fie .vast 6 ecniprelieficrot -tingiltand ;
-be said be had always'econceived,! that hater
Was contrary, to sotind.girali, -and: the- general
prineiples of Religion,- or. air Lord Mansfield had
sonse.where stated, it was contra, bones coo-
t'tary to Law.; and he asked, whether any thing could
b more contrary to the principles of Morality and:
Religiim, than that the communications 'winch ahy
individual had with .a Minister of the Gospd, in l;is
capacity as' such, with a:'-view- to his spiritual weL.
fare, and' prescribed .by the Religion sVlitCh. he' pro.
fessed, should beconie evidence against liim• in a
o_oe, ,eral Court, to affeet his property and even his
l 4 ;e i Vcra.s. h not enough that all the sOnrce'SOf
common to mankind in their iniereburse,with •
.eyli other, should 'he open as 'means of procuring
evidence, on such occasions, withom puttio,l
dividuai to ;the alternative of either dz.7ciming to
seek to.make-his.peace' with his Creator,. according -
to the dietates of the Religion he professes and be. .
Neves in,' or doing so at the peril .ofiforleiting-
life anti property, by ,having hiS most .secret.
thoughts and affirms, known
.only to his God and
the Minisier of. Religion, actually tliSpeosing.his
graces, made public against him by such 1 mtster
in a Coort of Justice e was it possible such could be
the
.of the la* in any civilized 'Country ?
Could, it:be said to be the spirit of the laws in Eeef,
itn:ht? WhY Was it that our Laws proteaed all t
torney and CounSelein el cause from being'obliged,
to give evidence of: matters corninunicated. to th-Nri
in the cause bv their'clients ? -.the Learned,
Sail, he C) d. find no ot _Parliament for such,
pro e'flion—but it was fastly considered that ply the
,common latd..of ri c hind, :V"itliOUE atiyinter!erenee
of Chill tegislatUre, such a d'isclosure was forbidden,'
beeauSe- it was contrary to good morals .and the
get e,at principle's of society, that CoMMunications
niade, and confidence of necessity proposed, in or-
filer to enable the party to make his defence or assert
his, claim, should ever, be made use of to deprive
him of his property-, or hurt him in his person.
Was it then less contrary to good rifOrals, and the
general principles of_society, -that communications
made, and 'confidence of necessity reprised, in
order to enable the party to make his -defence before
his Creator in the next world, should bemade use.
of in tetriporal Courts. to deprive- him 'of 'his pro..
petty or:his life in this "world ? not the
best pledge and security which any Government
pOsseised•tbr its stability and the preservation of
gost i order,''be thus cut up by the roots, Where the
,i,e;es:ts of a' kingdom ate told the law will not
oectnit theta', with safety to theniSelves, to. brae_
'rise teligs.:on, of tak.e. advice from' the spiritual pas-
tol-s'as to their. spiritual .cOncertis ? 'Tie
G hen
learned-
entleman eo stated, that he conceived the Re-
ligion-Of this country wAs part laW, and that
the Roman Catholic religion, as to the Praftice of
was as much tinderLthe piotediOn of the lio:i.-a's
the 'Protestant.; that it was regulated by afV.of
ParliaMent.;_‘ that a College was erefled and Main- ;
rained -out of 'the public Nurse,
.for t.he purpcise.tife
proyieiing Priests to teach it, and perforM the.
stry of it; that by
.the law Of the_land it ii.ees pro:- -
vided that nothing but Roman -Catholic. doCiiine
should he taught in -such College ; ank.l that ihe-1
Visitors of such. College, of whom the Noble'and-
'Learned Judge on Beneh was ore,, ivonid .be
• bound by die law,- kt attiog,in that capacity, to
silence and suisrserie .any: Professbr who in. Flil':
Cellege should teach that the disclosure now sou, ht
for could he given ; anth.yet it wasecoritended that,
by the law of the iaine hind he was bound, where
lie now sat, to punish, as a Contempt the refusal of
such a- disclosure: lhat the laiv of thiS country
consisted of 'such ,coarradittory injunctions,: Mr.
w said, he could not-conceive ; rin the Con-
trary, he felt in. his
.own
,mind, -that ,neither. Pro-
testant or Catholic Clergymen could obliged to.
give eviletice
.of matters,, the knowledge..of which,.
if existing, had .been defiVeds to :theiri, as, in the
present ,casee and concluded by Observing, the:
were -this the proper-Place for him- to enter at-large..
on ihe subjetie he could eild a great deal more titan
what he hag said, but trusted that he had said
enough to sheW' that it way at least doubtful 'l,Vlnee
ther'.ll6 Was'by laW bourii3 to-ansWer e and 'that at
alheVO.itse therkeveCrentleman had.atiecias became:
hint, 'and- that. his: conduta e',-idently Was the result.
ofprinciple; and riot of any disrespect to the Court ;
,and that in not violating an acknowledged.
ciple of the religion of which he was a Minister,
a religion': publicly and univeesallY knoVin,'
hibite-d'hiMSelf as 'an 'obje4 more Caloutated 'to
rain the appiause and respect of ever,, good and w'se
man, than to draW down, the re ii.t,hinent-- the:
laws of -an :enligirened CoEttitry:
Lord Kr WARD E N made some observations in
answer to what.' had' been said on behalf of Mr.
Gillian, and concluded by declaring that be: hadOio,
doubt' bur that he 'Was .by
and, for WS refusal, -sentenced pun to a week's
ct tifiiieniet t_ in the Gaol of TriM.

Mr.. Gahari bb,a;ed.ivith the. uitnost respeft-ana
submission,
.and said it •gave him great concern not
to be. able .to satisfy the COUrt, that the was en-
tirely disinterested as' to the event of the cause—
but acted from principle : and if,: instead °IA week',
ithprisoriment, -he were to 'forfeit his lift= at that
moment, Ise Must equally, without hesitation, de-
cline any further answer than what he had given.:
skle .Was then concluded by the Sherif to the
Gaol of Trim.

`1 he hexi Witne4s 'produced, was a Clerk from
the Rolls Office, with an attested copy. of the
seer's certificate of Lord I)unboynt.'s eo.nfortnity
its the Protestant Retigion=afier which the *Plain,
tiff dosed his case.

• The Defe'nd'ant then produced' a Clerk from the
ROlis OfliCe, with the roll contairring Lord Dun-
boyne's name as one of the persons who, tool.;
Oath a Of.Aliegiance, as. ' Roman Catholic, at .the
fk.sizes of Clonmeli, in the year 1778—and proved
by Mr. Justin Kearney, ..who 16c1 been ,exarninici
by the Plaintiff, 'to slicw that he brought •.Mr.
Gahan to Lord Punboyne, his Lordship's hand-
writing' to the. roll containing ~the said Oath oria,
Declaration.—Here the case closed -on both sides.
As to evidence,

INdr, Cbßßnrr then spoke ,t-a the
behzilf of the Defendium—, 2itid staled. that,
.indeper,....

IA TN DO : UCH A N N Al' Nil 1.. LAI4, (of liow-Streer, Covent-(;ariteil); üblishat .W S L:A AM :{ r PI, (of .Mrse
At the N-OF Flc E, No. 412, trartar where Advertisements, 0,4473 ier, tile • Paper, Letters for the fditor, (pCst-pai

'dent of eveili6thetlictirid, thes? ifinst stieceed on the •
informality in the Certificate of Lord Dunb4ne_'s
Conformity to the Protestant -Religion-,--the AA of ,
Parliament, requiring-'tliat, in order tO be considered
by, La w- a Protest:int.,- Ire Sli.;tild, besides .receiving
'the sacrament, and.takink'the Oaths, -file a Certifi-,
eirje; urider rife hand and seal of the. Minister frotri •
whom be;receives the'Saerament, of his having re..
ceived ij,during Divine Service-and of his having,
before him, .taken the Oaths of Allegiaric:e, Supre-
macy, and Abjuration, and sub,eribed the Decla-
ration against Popery ;. wher?aa- the'Certific.!te pro.
duced,,' certified, that he received th,r Sacrament
Immediately after Divine Sell, iec, and Without
stating, as required, that he had taken the particu.
kr -specified. Oaths, states that lie took-.the Oaths
'ffesctP-ied -by Law—and concludes under the haw!
without .the sal of the Minister :.all which ob.
jeAions., Mr. -Cur:RAN -contended, rendered the.,.
Certifi.eate not-11011k according to the AA
)f Parliament; and the conseqiience- was, iltal.,Lora'
Dunboyne never was,-..in, Law :a Protestant ; and
having taken thelatths of:Aliegianee as a.Catholiec
had a-right,to make the Will-in question.
'.onlbelialf-(if the Plaintiff,.
inented on the objeaions to the certificate as not,
such as to render it essentially had, and statediwhat
he- conceived to be an- t'bjeaion to•the EVidenee,
of-Lord Dunbuyne's having. t'Acen rheOatbof Alle-
giance' is a Roman Ca holic, viz. that he. had nor
added to his name his description.and` place of resi-
dence—but the Ad of
.Parliament doe's not require
that: the rairty takiii.g: the Oath should do so, but
rnerely..th;i't he' sfibuld sign:his name.

,
It was then agreed, thir all the f.las shOuld be
found in the. of a Speciid Verdiel, so as to
have the opinion of the Court of Ki'ng's Beneh next
term, as to the law iesdlting froth them;- which was'
accordingly dune.
Shortly. after Mr. Gahan had:been committed to
gaol,' the Jury,. on a separate issue sent to them,
having -found that Lord Dunboyrie died-a' Rotilan
Catho!ic,
Lord Kt L W ARD F. N _oh-served, that the• rlaintia
not having suffered by Mr. Gahan's refusal to
swer the,particular i'itieStlon before stated, and- it
beingrverycleaf that he had actA 'from- prin'Cipie,
and net from- disrespe.`'t the Court, saidlle•diti
not-consider an. objeet punishment=:-rvitere:-
'
fore as he con.:6de-red th 6 1:y of the- law'suiliei-
entlY I.in;:liCited by rahlhe,ordered
to 'be immediately discharged instarKlydone..
.
-
. _ •

Silly !,:1-"Tts.

CRAVESI7ND, SIPT,

. ,
. Passed by—the I a wts; from' ; Piggy!„
'deuce, Clark, froni:Lisboo ; Diadem, from groriatia
11Opevvel 13 fromr!)..ci,i2F. Rose, St. Yin-.
,recit's ; Anna, anti 4hvon, 1%1 urph.y4 from .L..7ork-:
Brunswick, Drystialt, and Thetis, Cameron, troth, Jamaica_;
Dove, Batty, Ann, Wri6ht, _and Almeria, , from Ari:h-
,
• Saileci,the Alert,. Langldy, for Leghorn ;.William, Prestcx.
for. Bremen - N..S Del Carmen ,--- anti Sr. loseph, 1-ettisp.
for re ne ri fie ; acoba-;., r Rtmen ; J prig t Ann,
for Calaig; and. G ratitucle, f:ar retersburgh.