The Sun.
London, England, 1804-08-21 00:00:00

At Defendant, who was a fetv years a Printer, and
believes him an honest industrious roan.
Mr. Nowiar, being cioss.examined by Mr.
O'Datscom, said, he believes the Defendant inca.
;sable of Ly imiljgoily of heart, and said that be
heard much talk, niter the publicutioN, of the di..
~baodeil men complaining, and the toils being raibed,
VCS that some perbons were witting to cre-
dit it.

John Malcomson was examined by Mr. SAN.
K' He knows Col. Bagwell. of the Tipiterare
Nl+ • many rears. Knows Par rick% Well, .ind
Marlfi-ld, which are near each other. He under.
stood Colonel Bagwell to be the person meant by
the publicatnm higoed Contra:tor!' Fie had a con.
ve*s.ition with the Defero concerning these Tub.
lt( tont, ant! on ti•• subj,it of these trials. He
had expressed to the Defendant his sorrow that. De-
fendant had brought himself into this difficulty, on
!eh Mr. Poo rt replied, that he could not refuse
to insert them, ttnm the channel they came through,
and that the publications canie to him in a much
worse state than that in which he published them,
• but h. Imo had sperm revised.; and that having stated
in his Paper refu to publish them until they
were so qualified, he had th rehy made a species of
apology to Col. 'Bagwell for publishing them.
On the cross-examination by Mr.O'Da iscnt.t. he
'aid, there were rumours against Col. Bagwell after
the. publication, but not before, touching the with.
bokitig the bounty ; but at the time of disbanding
the Tipperary Militia, long before the publication,
Ix l:eard there were clamours in the Regiment 'on
account of the military alhywanees, and believes
that many persons 'thought these clamours were un.
founded until the complaints were investigated by
a Court of Inquiry. He knew.of some of the sol.
diets ccuiplattnng to Col. Bagwell of the 'Officers,
and Col, Bagwell referred them to the Court of In.
quiry. 'He believes that at that time the regimen.
tal accounts were unsettled, with some of the men,
and balances due to them. He heard before the
Court of „inquiry, that some of the men complained
against the Colonel himself. He believes it was in
consequence of the complaints made by the men, the
Court of Inquiry was holden; but has understood
that such Calm of Inquiry are usual on the disem.
bodying of every
(Regiment. At that time one son
of the Colonel's was Lieutenant. Colonel, and ano-
ther Paymaster of the Regiment. A,e the time he
had the conversation before stated, with the Defend.
sot, the hiter told him that the event of the trial
Was of no consequence to him, as' the costs would
not fall on him. Mt. Malcomson told the material
part of this conversation w Col. Bagwell, and he
told 'it for the purpose of furnishing evidence on
this trial. Ile knows the Defendant many years,
'and thinks him free from any malignity or malice.
Believes that the Defendant attended Col. Bagwell's
Petition as a lriend, in the year, 1790, and this was
one of .the reasons why he expostulated with Power
respelting the publication. He knows Thomas
Hogan Hod James Murphy, and heard, bur did not
believe it, and the person who told him did not he.
lieve it, that Hogan had been at Marifield u ithin
day or two, and, had played billiards there with
Col. Bagwell. He could not therefore satisfy the
curiosity .of Counsel, whether it was then that Ho.
pan pot his cue, or if there was any pocketing in
the game.
Mr. GRADY stated the ease for the Defendant
with his usual animation aid energy. He deplored
the necessity which was imperious upon him, of
defending his Client by a fair and. manly avowal of
the assertions which he published, and the support
of these assertions by irresistable evidence. He
preliminaied his address by a proposal, on the part
of the Defendant, that a Juror should be withdrawn,
and each party pay his own costs. But this pm..
position being rejelled, he proceeded to state the
evidence intended to be adduced. He urged strongly'
to the Jury that part of Mr. Quin's and Mr. Mal.
enmson's evidence, which had exculpated the Dc.
Pendant of any general malice or malignity, and had
shewn, in the particular instance of the Plaintiff,
that the Defendant had served him with his friend.
ship on the Petition in 1790. He pressed upon
their justice the duty of tneasuring the damages to
be given by the injury sustained ; and deprecated
the idea of vi.iring on the Defendant extravagant
damages to recvmpense Col. Bagwell fur injuries
that he had never suffered---bur loss of charatter,
which was not depreciated by the publication—or
for the loss of the public estimation, in which he
had suffered no injury. lie urged this with greater
emphasis, because, he said, if public vindication of
charalter were ahe sole objeet of Col. Bagwell, he
could, by demanding a Court of Inquiry, have effec.
to illy wiped away any aspersion thrown upon his
charatter by the publication, had he felt any sore.
nets of an anonymous and vague iosinuation, which
was of itself little deserving any other notice from
Man so highly and honourably situated, than a re.
futation in a similar way. After urging a variety
of arguments to spew that damages, if any, should
he but nominal, lie produced a notice requiring the
Plaintiff to produce the attestations of fiction,
Murphy and Isbigle, and another, requiring Plaintiff
to admit that four guineas was the buunty.money
allowed between 1793 and 1803.
• The first Witness produced by the Defendant
was Lieut. Garrott, of the Tipperary Militia, who
was examined by Mr. O'Dwy ea. In the year
1797, he was ordered by Colonel Bagwell to re.
cruit for part of the augment.tion. His mode
was to give the men three guineas each, or an or.
der fur any part of it that might be remaining, on
the Paymaster. Ile had received orders from Co.
lonel Bagwell to enlist for less, but not for the
augmentation. Men low sized, or boys, he got as
cheap as be could, to make up for the oiler.r.tte at -
which he was obliged to recruit good men. As to
the surplus which arose from the difference between
what was allowed for the men and what was paid to
them, it always Went to the tegimental stock purse;
but he cannot tell the amount of it, not knowing
the
,:,ton allowed for the recruits. lie complained
to Colonel Bagwell of expences which he had been
at, and by which he had been a loser on the recruit.
in g service, and the Colonel told him that perhaps
to;g lit reimburse him, w bleb reimbursement he
tiodeti.o•l seas to come out of the regimental stock

rmrse. He knows Hogan, who enlisted air Serjant,
and ,6n,accourt of his getting that rank at which hr
was entered from the date of his enlistment, he did
not receive the bounty.. Does not know whether
Hogan received the marching guinea, which is al.
ways received by the Captain of the Company to
which the man entitled to it belongs, on his pin.
ing the Regiment. He never was reimbursed the
money he was out of pocket, for which he never
applied more titan once, and does not recoiled ever
mentioning to the Colonel, nor to any person in his.
prtsence, the amount of the stun saved. On his
crosi.examination by Mr. BURROW he said, that
he believes that recruits often get mire than the
bounty allowed : he never gave snore than three
guineas, but sometime i less, and said, that there are
expellees in supplying a band, and other incidental
exptnces, defrayed nut of regimental stock-purses.
Thomas Hogan, examined by Mr LLOYD, said,
he was enlisted and took pay as a Serjeant, and did
Serjeant's duty in the Tipperary Militia, and was
attested by Colonel Bagwell, and did not demand,
ner was he promised, and did not consider himself
entitled to it from being enlisted a Serjeant, any
bounty, never having been in the army befle—he
did not demand nor get the marching guinea on
going out of the county, nor did he demand cloath.
iris; money or get it—he bought cloathing himself
which he used and disposed of as his own, but got
cloathing afterwards in the regiment'---he was for
some tnonthv drilled. as a Serjeant—Mr. Butler, of
Lowes.green, obtainexl'his discharge on his getting
two men in his place—he had a conversation lately
with Colonel Bagwell, in Mr. Labarte's house, and
went to Marlfield about a month ago, in conse.
quence of Mr. Power (the Defendant) calling on him
to give evidence im this trial—he and the other
Serjeant, who accompanied him were ushered into
the Billiard-room, and 'there played at Billiards un-
til the servant brought them some drink—he re.
mired for Gairatt, and gave the men he raised two
guineas—he understood they were to get three gui-
neas and a marching guinea—the remainder of their
money, after what he paid them, they got on join.
ing at quarters—he was sent' for to Mr. Labarte's
about a week ago, at which time Mr. Labarte de-
sired him to tell the truth only, and he was exa.
mined as to what he could say, by Colonel Bagwell
and Mr. Labarte; On his cross.examination by the
Solicitor-General, he said, that about so men were
enlisted at the same time with himself—the cloath.
ing was issued in June, and, as
,he enlisted in July,
there was no cloathing due to him for eleven months,
and he was that time without receiving regimental
cloathing, and there was a suit, excepting a small-
cloaths, due to him when he quitted the regiment
—He 'was brought by Lieutenant Baker and Lieut.
Harris to Colonel Bagwell--Lieut. Garratt was
the Recruiting Officer, and lie never applied on the
subjeCt of his bounty or marching guinea ; but in
Derry lie put down his name for the guinea, which
was refused him,.on account of his being enlisted as
Serjeant. Mr. Power began first speaking to the
Witness about his not getting his bouoty......the
Witness made no complaint, as he did not think
himell entitled, when Defendant said he would
make him tell truth,or'swallow a pill—in every claim
he made. on Colonel Bagwell he was satisfied. He
gave testimony as to Sir Charles Ross Living in.
stituted a Cour. of Inquiry, in order to ►xamine the
claims of the men. Colonel Bagwell was nit with
the Regiment at the time that the two inert were
provided his route.
Michael Nagle, examined by Mr. SCULLY, said,
that Colonel Bagwell, on his enlisting in August
/793, promised him what bounty he was' entitled
to, He continued in she Regiment till 'kn. He
did not volunteer, and got no bounty in June 1797,
when at the time of re•enlisting, he not being four
years in the Regimen', he was promised four gui-
neas by Captain Corbet ; he applied in 1798, in
Londonderry, for his bounty, to the Culonet, who
refused him. A good while after the Regiment
was disembodied, he applied to the Colonel again,
who aold him he knew nothing about it. He never
was at Mr. Bagwell's, but he was at Mr. Labarte's
on Wednesday, when he saw Colonel Bagwell and a
third gentleman, and was questioned as he is now,
and be signed his declaration as it was read to him.
He never got his marching guinea : he received a
guinea and a halt' in 1793 or 1794. In three or
lour months after the disembodying, he signed the
receipt under his discharge.
Mr. Hardom, front the Auditor General's Office,
produced a variety of receipts from Colonel Bag.
well to the Distrid Colletior, which were passed
in his ,accounts at the Auditor's Office, among
which was one for eighty marching guineas, for 3o
serjeants, 30 corporals, arid 20 privates, passed in
November 1797.
Ambrose Lane, Esq. Treasurer of the County,
proved a variety also of presentments paid to' reim.
burse Government, the losses sustained by enlist-
ing, to supply occasional desertions, casualties, and
volunteering.
Mr. Richard Shaw,' clerk to Messrs. Armit and
Burrough, Agent to the Tipperary Militia, proved
payments at that house to Capt. Corbet, on his own
private account, and one payment to an order of his
in favour of Colonel Bagwell, on the same account,
but his evidence was over. ruled.
Here the Defendant closed his evidence.
To rebut so much of this 'testimony as applied to
the issue, Captain Prendergast of time Tipperary 'Mi_
litia was examined by the Solicitor General. He
has been in the Regiment since its formation—from
1793 to 1799; had an opportunity of observing the
general course of condutt in the Regiment. Pay.
ments to individuals are made to them by the Cap.
tains of the companies to which they belong, when
they juin ; 'the gross payments are made by the
Paymaster to the Captains of companies, and it cer.
tainly is the business of the Captains, and of them

only; to see the money paid : the Articles of War

are read over once a month, and any individual hay.
Ing cause then, prefer their complaints against the
Captain or Recruiting Officer. He has known such
complaints, and never knew an instance in which