The Sun.
London, England, 1834-04-05 00:00:00

. .•
Counsel—Had you not a case of pivots in one hand, a
Ife-preserver in the otter; and, like Sir Vesian Pike, a
riot act and prayer-hook ? Witness had a brace of pis-
tols and a life preserver ; heard that the son of the de—
ceased made the priest fly from his father's house ; two
of the deceased's sons and his widow asked witness to
bury him as a Protestant ; when he endeavoured to read
the riot act he was knocked down ; Itobertson said to
witness that the deceased died a Catholic ; Mr, Halloran
is a most respectable clergyman, and much beloved ;
witness did not think it his duty to persist ; went as a
magistrate.
--

A juror—Did the Rev. Mr. flallaran send for you as
a magistrat,?—No.
John Montgomery sworn—Was at the time a constable
of police ; was at the churchyard ; suet Mr. Davis on
the bridge, and told him of the riot in the churchyard ;
witness was then going to the police barrack ; went after-
wards to the grave] and ; the people were assembled then
in a very riotous manner ; Mr. Davis bid them stand
hack ; be proceeded to read Cl e service; Robertson and
Howard were protesting that. he should not read it ; Mr.
Davis at length succeeded in doing 39.
Cross•examined by Mr. OCONNOR-Mr. Davis's
clothes were dirty; is aware that there-are ulways heaps
of loose fresh clay round a grave ; it was witness told Mr.
Davis " to repair" to the churchyard ; he " ordered"
Mr. Davis to go there— (Laughter)—but remained him-
self at the barrack till he was sent for; the grave was
betwe-n the prisoners and Mr. Davis.

Counsel—Had you your anus ?—I had. Did you
p lime and load ?—I did. Did you fix bayonets ?—I did.
Did they give you that black eye ?—No. Were you
struck ?—No. You may go down, Sir.—(Laugh.er.)
Edmund Cotter—Was in the churchyard; went there
after Mr. Davis, with the riot act in his hand ; there was
great shouting arhl hallooing ; heard Mr. Davis ask de-
ceased's eldest si n whether he was a Protestant; Robert-
son said that deceased was prepared by a better clergy-
man than Mr. Davis was ; Robertson had his hands in
his pocket, but took one of them out, and hell it up while
he said that.

. Patrick Lacy (a boy)—ls eleven years o!d ; was in the
churchyard at the time ; saw Mr. Davis knocked down ;
Howard was lying with his back on Air. Davis's belly.—
(A sensation.)
Mr. O'Cornion—Poor child ! go down, I &LB ask
you nothing.
Ambrose Burrowes—Was in the churchyard ; he was
going up towards the grave ; the place is very rugged,
and in hollows ; saw Mr. Davis disappear ; hued I-low-
aid shouting, could not tell whether in English or Irish ;
heard curses, as " Hannum on Deil."
Cross examined by Mr. O'Corquort—Never heard such
a duet as " the burial service" and " the riot act." He
cannot say whether Howard roared or shouted at all ;
he did not mean to convey that impression on his direct
examination ; a Protestant smith shoes horses for
Mr. Hedges Eyre ; Alahony was his predecessor, though
over 70 years of age ; tvay turned away for playing a
Kent bugle at an anti-tithe meeting; does not know whe-
ther he pl ,yed on the bugle in English or Irish.
Mr. NVoLrE—Aly Loid, I submit that this is not evi-
dene,.
Air. O'CoNtiott—l am ewe I did nut want him to
tell a word of it—he told it of himself.—(Laughter.)
Mr. O'CONNOR (to Montgomery)—Did you see the
Catholic clergyman there ?—Yes, he had a scarf and hat-
band.

Mr. O'CONNOR having intimated to the Court that he
had closed—

Chief Justice DOHERTY proceeded to charge the jury,
and animadverted severely on such conduct. 11. thought
the distinctions that prejudice and party had made-were
done away with five or eix years ago, and be trusted they
never again would be revived. lie (Justice Doherty)
regarded equally the Catholic as the protestant, and the
'Protestant as the Catholic. From the bottom of his
heart he deplored such distinctions. His Lordship then
f,riefly summed up the evidence, when the jury retired,
and remained closeted the entire day.
On Friday the CHIEF JIISTICE appeared on the bench
at nine o'clock ; the jury, in the case of the disturbance in
Macroom churchyard, having remained enclesed all night
without coming to a decision on the verdict, his Lordship
desired they should be called out, and tie addressed them
at considerable length, lamenting that they could not come
to an unanimous verdict in a case were the evidence was
so conclusive. His Lordship then commented on the
facts as they appeared in evidence A disturbance took
place in this churchyard, and so early as Edward 111. there
was a law against such offences. He trusted that no
party motives would influence their opinions in this cane,
and he hoped he would not find the distinction of Protes-
tant and Catholic brought into a cow t of law. They
ought to be assured that their opposition in coming to a
right verdict sprung from a reall) conscientious motive
before tl.ey could resist the evidence laid before them. His
Lot dship then signified that if they did not speedily agree,
he would fel bound to take them to the bounds of the
county, before be would discharge them.

- -
Toe jury ai,ortly after returned into court, with a ver-
dict of Guilty.

His LORDSHIP then addressed he prisoners, Howard and
Ro'Jenson, and observed, he bad had occasion to address the
jury twice in their case, and he therefore was not-inclined
to t o some more time on the subjrct ; but unless en ex-
ample was made in persons committing such an outrage,
at such a time and place, and on a magistrate, who was
obliged to mad the riot act, an impression might be made
that the law could not reach similar offences. He was
not surprised the prisoners entertained erroneous invests..
sons on such occasions, when he saw them fo,tered by
persons of higher rank, but if they could nut restrain them
by feelings of propriety, he would endeavour to do so by
exam' le, and his Lordship then sentenced the prisoners
to IS months' imprisonment, and to be kept to hard la-
bour each alternate month.

One of the prisoners cried out that justice was mit done
him in this case.

THE NEXT NEW PUBLICATIONS.—We
are requested to state that the New Novel, entitled
" Eustace Conway, or the Brother and Sister," and
Lieutenant Conolly's " Narrative of his Journey to
India Overland through Russia, Persia, and Affghaun-
istaun," will be published on Tuesday next, by Mr.
Bentley, New Burlington-street. The latter work
will be accompanied by plates, and a map of the
author's route. Agents for Scotland, Messrs. Bell
and Bradfute, Edinburgh ; for Ireland, Mr. John
Cumming, Dublin. Immediate orders should be
given to insure the delivery of early copies of the
above works.

A gentleman passing through Beckington,
on Monday, found a poor man by the road side in a
dreadfully exhausted and feeble state. He said he had
eaten nothing for three days. Some refreshments
were provided, of which he was too weak to partake.
The overseer, on being applied to to provide him ac-
commodation and sustenance; replied, that they had
already too many poor of their own ; but the poor
man was soon relieved of the miseries of poverty, aug-
mented by parish prudence versus charity. He died
before assistance could have been rendered, if the most
generous hospitality had prompted it.—Sherborne
Journal.