The Sun.
London, England, 1835-01-17 00:00:00

THE SUN, LONDON, SATURDAY, JANUARY 17, 1835

COURT OF CHANCERY.-JAN. 16.

Daly, Michael Lane, Patrick Curtin, John Collins, Michael '
Collins, and Wm. Cashman, came by their deaths. I think
in the first instance it will be sufficient for me, as it will be
necessary for you, who will have to state it in your verdict,
to describe the manner in which they came by their deaths
(I do not mean to say by whom), and I shall therefore read
over to you the evidence of the doctors, examined. Mr.
Foott here read the evidence of the medical gentlemen,
and after referring to the nature of the wounds inflicted
said, I shall not follow up the Acts of Parliament made for
the suppression of riots, but merely state that the 34th
Edward 3d was the first law made on the subject, not only
in England, but in Ireland also. The Coroner then read the
Riot Act, after which he read from " Russell's Criminal Law"
several extracts, and then continued :--Now, gentlemen, I
believe that the evidence' before you fully establishes that on
Thursday, the 18th of December last, there was an assem-
blage of people congregated together for the purpose of op-
posing the collection of tithe. I believe it is also proved in
evidence that the military force were attended to the place,
and on the Tallow road were under the command of Cap-
tain Bagley, Captain Collis, and Archdeacon Ryder. It
is also in evidence that, after some expostulatory expres- '
sions from Captain Bagley, (which I am sorry were not at-
tended to,) the Riot Act was read, and there was some
time passed without any active part being taken by the ma-
gistrates to disperse that asssmblage so congregated ; and
if they could not disperse them, then, they should have ap-
prehended one or more of them, as the Act required. But,
unfortunately, as if by permissive right, the military, com-
manded by the magistrates, proceeded to the spot where the
lamentable occurrence took place. They proceeded along
the road, the people going through the fields (some of them
I suppose along the road), when all again met at the widow
Ryan's concerns. The evidence is sufficient to show, and
indeed it is admitted on both sides, that many persons who
heard the Riot Act read went to the yard, and therefore
knew it had been read. There is evidence that Mr. Ryder
had a right to enter the widow Ryanshaggart and make a
seizure, as it was admitted by her that tithes were due to
the amount of 4/.165.-2/. Bs. to Mr. Ryder and 21.85. to
Captain Collis. She promised to pay Mr. Ryder that sum ;
therefore her promise to pay was sufficient to constitute his
right. Mr. Ryder also called on M'Auliffe, who gave him
some promise which he did not like, and he then swore him
on a book, which brought the time down to the contact
between the military and the people. The military came
down the bobreen, and found themselves opposed by a cart in
the,passage to the widow Ryan's, and found themselves also
opposed at the haggart, the people keeping out the military
and the military endeavouring to enter. Here a long strug-
gle (a brave one on the part of the people) occurred, the
military forcing an entrance at the point of the bayonet, and
it was in consequence of that forcing that the wounds and
deaths from the firing took place. I shall now draw your
attention to the other side of the question. It has appeared
in evidence that the order given to the military was for the
purpose of aiding Mr. Ryder and Capt. Collis in removing
corn already distrained. That order was given on the 17th
December ; but, gentlemen, we have no evidence before
us of the slightest description that a seizure or distraint
was made at any time previous to the 18th, on the goods
of the widow Ryan. The only evidence of distraint being
made was that four men were in the yard, and when asked
what brought them there, they said they were drivers ;
but that was no evidence of the fact at all. I have an
observation to make on Captain Pepper's stating that from
the time of the reading of the Riot Act to the time the
firing, was over an hour and ten minutes, You have it
from Ambrose, one of the men wounded, that the assem-
blage continued for about half an hour from the time of
reading the Riot Act, until the firing ; another wit-
ness states it to have been two hours. It is for your
consideration more than mine, whether there was not such
a permissive act on the part of the Magistrates in not
stopping the mob on the Tallow road, so as to have pre-
vented all which has occurred, and whether such passive-
ness on the part of the Magistrates would not have made
it necessary to read the Riot Act the second time. A
considerable error into which the Magistrates fell was their
having stirred one inch from where the Riot Act was read.
They should have surrounded the people, and taken them,
or some of them, into custody, and not allowed them the
permissive right of going to the widow Ryan's. Gentle-
men, if I err in my definition of the law, it is not from my
heart, but from my head. I consider it my duty to draw
your attention to the evidence of the first witness after
the Doctors, namely William M'Auliffe. In the course
of his examination he said he was standing at his door, and,
after the firing had terminated, three soldiers got inside the
stacks and ran to the east side of the haggard and fired three
shots into the orchard field. But it is a question whether
the soldiers at the left of the cart had it in their power to
fire across the yard. The evidence given by the soldier
shows that such a thing was possihle. Gentlemen, 3ou
heard the testimony of the officers, and I hope that every
man who heard them will acquit the military, as they were
obliged to obey the orders of the magistrates, and I take it
that the officers ought to be discharged from the acts of
that day ; for if they did not obey the orders of the magis-
trates they would lose their commissions. You heard Ma-
jor Walter say that after they fired, a man leaped on the
cart and said, " Come on, boys, they fired all," and endea-
voured to repel the soldiers from the cart. Lieutenant
Alves said it was impossible to force the cart or haggart
with the bayonets. You have this already in evidence, and
M'Auliffe was not altogether contradicted, but he was, con-
ditionally, by the officers. In M'Auliffe's evidence it ap-
peared that three soldiers fired from the ditch into the orchard
field, but you are to consider (if you believe they did) that they
had not time enough to permit their blood to cool, and must
have done so in the heat of passion. Gentlemen, you have al-
ready heard the evidence read over. It is, therefore, unneces
tary for me to remark any further on it, and I shall leave
the case to your consideration, and whatever decision you
come to, we shall receive with the greatest respect. I did
omit to state that during this very long and serious investi-
gation, (and which in justice to my brother Coroners I
should, have mentioned) in the description of the law, I
never saw them lean to the right hand or to the left, but
go straightforward in the discharge of their duty. I cannot
avoid observing that Captain Collis and Mr. Ryder were
assisted by Captain Bagley, and made him, their organ.
Therefore, Gentlemen, I conceive it to be my bounden
duty to include them in whatever verdict you return.
These two gentlemen came forward in the most honourable
manner, and avowed themselves participators in the act.
On the question as to the entry of Captain Collis into the
yard, we cannot say how far he went—that he merely and
fortunately got into the yard, and out of it by good fortune,
is all we can discover. .

The Coroner having finished, the Jury retired at twelve
minutes past one o'clock to the police barracks.
After the Jury had retired, Counsellors Forsyth and
Wood objected most earnestly, and for nearly an hour, to
the whole tenor of the Coroner's charge, and stated that
they would avail themselves of those objections to set aside
the whole proceedings in the Court of King's Bench.
Their objections were, first, the total omission in the
charge of any notice of various distinct grounds of legal de-
fence whichwould have made the homicide justifiable. Se-
condly, that other legal grounds of defence were erroneously.
stated—that it was erroneous to state that the Magistrates
were bound to remain on the road where they read the
Riot Act for an hour without leaving the spot, or that the
quitting the place was a permissive right to the mob by the
Magistrates to go to the haggard, and yet not to be liable
to be dispersed under the Act, for that the mob continued
the same mob, notwithstanding their change of place. That
the case was put to the jury as if a rescue of a distress was
necessary to be established ; whereas, on the contrary, the
resistance to an entry to make a distress was sufficient.
Many other points were warmly urged, which our space will
not permit us to advert to more particularly.

THE VERDICT.

At half-past six o'clock the Coroners entered the Court,
and having called for the Counsel on both sides, informed
them that there was no likelihood of the Jury agreeing as
to their verdict. The majority had agreed, and had an
hour and a-half previously sent to them (the Coroners) an
intimation to that effect, but they (the Coroners), not
wishing to receive from the Jury a hasty verdict on so
very serious an investigation, chose to leave them in delibe-
ration some time longer; and would have still continued to
do so but that the Jury had sent them word that if not
relieved they would burst the door. Under these circum-
stances it was their (the Coroners) desire to have the
opinion of the Counsel as to whether they should receive
the verdict of the majority, or shut them up till they had
become unanimous.

_
Mr. F. M`Carthy, on the part of the prosecution, said
that he should be satisfied to receive the verdict of the
majority.
Mr. Forsyth, in his capacity as Counsel for the defendant,
would give no opinion on the proposition submitted by the
Coroner, but as an individual he would offer no objection to
their receiving the verdict of the majority.
The Jury were then (about seven o'clock) brought in,
and their names called over. Thirteen were for returning
a verdict of Wilful Murder, two of Manslaughter, and
eight of Justifiable Homicide.
Upon the nine inquisitions being executed by the three
Coroners and the thirteen Jurors, Messrs. Scannell, Gall-
wey, and O'Sullivan conferred privately. They were in-
terrupted in their conference by Mr. Wood, who inquired
of Mr. Scannell, now that he (Mr. Wood) could announce
himself unreservedly as being of Counsel for the three Ma-
gistrates involved in the verdict, what course it was in-
tended to pursue on the prosecuting side?
Mr. SCANNELL said that he presumed the Coroners'
knew their duty, and it was not for him to instruct them,
Upon which
Mr. Coroner JONES said that he and his brother Coro-
ners did know their duty, and, without reference to the
gentlemen at either side, they were resolved on performing
it independently. We are, said he, sworn to do our duty,

and that duty we will go through as becomes the office
we fill.

The CORONERS then took charge of the inquisitions, ex-
pressing their intention to act promptly upon them, not-
withstanding the intimation by Counsel for ti-e accused
that it was their intention to take the sense of the Court
of King's Bench on the verdict.

FROM LAST NIGHTS GAZETTE.

ST. JAMES'S-PALACE, DEC. 22, 1834.

The King has been pleased to confer the honour of Knighthood
upon William Webb Follett, Esq., his Majesty's Solicitor General.

FOREIGN-OFFICE, J. 13.
The King has been graciously pleased to approve of Mr. Peter
Quartin, as Consul at Gibraltar for the Roman States.

CROWN OFFICE, JAN. 15.

MEMBERS RETURNED TO SERVE IN VISE NEW PARLIAMENT.

CIRENCESTER.-Joseph Cripps, Esq. ; Lieutenant-General the
Right Honourable Sir Robert Edward Henry Somerset, G. C. 8.,
commonly called Lord Robert Edward Henry Somerset.
CA ROMA NSHIRE.-Wilham Edward Powell, of Nanteos, in the
county of Cardigan, Esq.
CA RDIGA N.-Pryse Pryse, of Gogertham, in the county of
Cardigan, Esq.
CHELTENHAM.-The Hon. Craven Fitzhardinge Berkeley.
Ca tut xcKFE ac us.—Peter Kirk, of Thornfield, in the county of
the town of Carrickfergus, Esq.
GLOUCESTER ( EA gT ). —Christopher William Codrington, Esq.;
and the Hon. Augustus Henry Moreton.
GLOUCESTER (WEST).--The Hon. George Charles Grantley
Fitzhardinge Berkeley ; and Henry Somerset, commonly called the
Marquis of Worcester.
LIMERICK.-William Roche, of Genges-street, in the county
of the said city, Esq. ; and David Roche, of Carass•house, in the
county of Limerick, Esq.
STROUD.-George Poulett Scrope, Esq. ; Charles Richard
Fox, Esq.
TEWKESBURY.-William Dowdeswell, Esq. ; and Charles Han-
bury Tracy, Esq.