The Sun.
London, England, 1859-12-05 00:00:00

THE II /Cla OTV HOMICIDE.

The Dublin Evening Mail contains the following
detailed account of the recent homicia.e committed
on the Fitzwilliam estates in the county of Wick-
low. Por downright savagery this outrage has
scarcely its parallel in the annals of Tipperary
crime in its very worst days :
" WICKLOW, Dec. I.—An inquest has been hold-
ing at Mucklow since yesterday morning (Wednes-
day) on the body of an old man named Michael Bo-
land, aged 75, who was a comfortable farmer under
Lord Fitzwilliam, living on the roadside about
midway between Aughnm and Tinaliely, and who
lost hie life in an affray which took place on last
Monday under the following circumstances :—Ac-
cording to the evidence which was adduced on the
investigation, which has not yet terminated, it
appears that Lord Fitzwilliam 's agent wished to
square' the two adjoining farms, held respectively
by deceased and the accused, a man named Richard
Behan, also residing at Mucklow, who holds two
farms under Lord Fitzwilliam, one of which ad-
joins that of deceased. The agent wished to square'
the two farms, as I have said, so as to make them
look better and tidier. Behan objected to the arrange-
ment, in consequence of which he was served with
ejectment notices for both farms, and decrees were
obtained at the quarter sessions at Tinahely. On
Monday last Mr. Lawrenson, the receiver to the
estate, sent to the surveyor and bailiff, with other
assistants, to take possession of both farms. They
went to Behan's house and demanded possession,
producing the decrees. Behan was at home at the
time, but did not appear at first. His wife, how-
ever, presented herself, and spoke to the bailiff,
abusing him' and saying, Although you have men
at the Bawn' gap, I was never afraid of a man yet.'
The bailiff replied that he had a duty to perform,
and that he should do it. Behan then appeared,
and said to the bailiff that he might take possession,
as he would not offer any resistance- The bailiff
then sent his men to drive the stock off the farm.
Mrs. Behan then came out with a pitchfork in her
hand, and asked the bailiff did he think that
would do ?' After these words the surveyor and
bailiff went to take possession of some cottiers' pre-
mises, and on their return towards Behan's house
they found Mrs. Behan in the act of sharpening the
prongs of the fork on a' bank.' The husband was
in view, and he asked the bailiff to feel the prongs'
(by way of threat), which he did as he was passing.
She then said that he might be the first himself to
get it.' The bailiff passed on, and took possession
of the dwelling-house and holding, aid put a man
in the house to keep possession. After they had got
possession of all the tenements Boland (deceased)
was sent for to get possession of that part of Behan's
land which it was intended at first to add to his
farm. At this time there was a crowd of 20 or 30
collected in the field, all on Behan's side. As soon
as Boland entered the field, Behan and wife, with
several others of the crowd (Mrs. Behan holding the
fork in her hand) rushed down upon the old man,
and forced him violently over the' fence' on the
road. Behan also shook him violently on the
road. During these proceedings the surveyor, bai-
liff, and an assistant endeavoured to keep peace and
protect the old man, who came at his own request
by himself.' When Boland was rescued from the
hold of Behan the bailiff strove to get him up the
fence again to take possession. Mrs. Behan met
him on the top of the fence with the fork in her
hand, and kept thrusting' it at him, but did not
actually strike him with it. The bailiff helped him
up the ditch, and the assistant (Gilbert) who stood
on the top of the ditch or fence took hold of him by,
the hand to haul' him up. While these exer-
tions were making on the poor old man's behalf
two young women (on Behan's side) were not idle,
for one of them exerted her strength in pulling him
down by the skirt of the coat, with the other pushed
him back, and jostling Gilbert took the stick (a
small walking stick) out of deceased's hand. At
this time the deceased was noticed by the sur-
veyor to be in a fainting state and to have
completely lost the use of his limbs. On exami-
nation he was found to be in a dying state,
and he expired shortly after. When it was
found he was dying Behan danced on the road
and clapped his hands with joy, thanking
God that he had 'struck him dead' before he
got possession ;' and while being carried to his
house five or six of the women were seen kneeling
on the road praying thct he might never recover,
and that he might never be forgiven in this world
or the next—the priest-selling dog !' I should have
mentioned that the deceased had sawyers cutting
timber for the purpose of roofing an outhouse, and
one of the women said on coming up the road that
the sawyers were cutting the old dog's coffin.'
This was said before the row commenced. Before
possession was demanded Behan got £l5 from the
agent, as he (Behan) said that he had paid some
arrears that were due on the farm. The inquest
commenced on Wednesday morning, and the above
is an epitome of the evidence given up to that
night. It was still proceeding,. It is supposed
that the deceased got serious kicks, which must
have caused his death, but no more than the fore-
going has as yet been given in evidence. There
are six persons in custody—viz., Richard Behan,
son, and wife, and three other women."
The evidence taken at the inquest is reported at
great length in Saunders's Newsletter of this morn-
ing. One of the witnesses deposed that after the
deceased fell clOwn he saw women on their knees,
saying " He's dead! his soul to blazes ! he'll never
come to life !" The coroner having addressed the
jury, they were left alone, and after deliberating
for about three quarters of an hour they found the
following verdict :—" That Michael Boland easae by
his death from a rupture of the heart which might
or might not be caused by excitement and violence
which he received on Monday last, the 28th of
November, 1559, at the hands of Richard Behan
and Bridget Cullen, assisted by Edward Behan,
Catherine Behan, and Mary Byrne." One of the
jury observed that the country could have no com-
plaint to make against Earl Fitzwilliam, and that
Mr. Lawrenson had always given general satisfac-
tion. The six prisoners were then remitted to gaol
on the warrant of the coroner.

THE SENTENCE UPON DB.
SAIETHURST.

The public is probably not aware that the con-
viction and sentence of this prisoner will entail
many forfeitures and disabilities upon him, in addi-
tion to the actual punishment that he will have to
undergo. The offence of bigamy, as the law at
present stands, amounts to felony, and any person
convicted of it immediately loses all claims to pro-
perty, whether goods, chattels, or land, of which he
may be possessed, or be entitled to in reversion,
at the time of his conviction. It will be recollected
that the unfortunate deceased lady, Miss Bankes,
only two days before her death, made a will, at the
request of the prisoner, under which Dr. Smethurst
was made sole executor, and would have become
possessed of the whole of her property. If, there-
fore, the pardon had closed the proceedings, and no
further steps had been taken in reference to the
charge of bigamy, he would, in all probability, have
put the will in force, and as it is doubtful whether
the relatives of the deceased could, under the circum-
' stances under which the will was executed, appa-
rently with the full knowledge and consent of the
deceased lady, have resisted it, Dr. Smethurst
would have come into possession of the whole of the
property of Miss Bankes, which is said to amount
to several thousand pounds. The effect of his con-
viction, however, precludes him from obtaining a
single farthing under the will,and as those on whom
the right devolves to take possession of his pro-
perty are not likely to interfere, Miss Bankes will
probably be considered as dying intestate, and the
property will revert to her family. It has generally
been the practice, where parties possessed of pro-
perty have been charged with felony, in order to
obviate risk of going to the Crown, for the prisoner
to execute an assignment of all his estate to some
rektive before the trial, so that, in the event of a
conviction, no seizure might be made. The law
with regard to this matter is very peculiar. In
ordinary cases the property of a felon vests in the
Crown, but in come districts the lord of the manor
claims the right ; and there are instances on record
where an extensive landed estate belonging to a per-
son convicted of felony has been claimed and seized
by the lord of the manor. In the City of London, the
Corporation, by virtue of ancient charters, claim the
right to the property of all felons convicted within
their jurisdiction, and the sheriffs take possession of
all property found upon the prisoners who are con-
victed at the Central Criminal Court ; and although
articles of a trifling character are usually given up,
still the right is invariably observed. It may be re-
membered that in the case of the extensive gold
dust robbery upon the South-P,astern Railway a few
yea: s ago, when it appeared that Turkish Bonds to
a considerable amount had been purchased with the
proceeds of the robbery, that the sheriffs success-
fully asserted their right to take possession of this
.possessed 'by' the
property on behalf of the Corporation. All thr,
in-
terest in any property that was
prisoner prior to his conviction, P. therefore,
and in the Corporation of tte
London,
interest they would be the Indies, if ofaniNyv),:itto.cflami any
interest he might 1:,-ave 'under the o. the d.e-
ceased lad.y. It is very probable that it was in
order to prevent this result that the
endeavour was
made at the trial to procure an acquittal by show-
ing that the first marriage was not a valid one, and
this view is confirmed by the fact that it was
only
a very short time before the case was to come on
eat, toe hots rettitiag- to the suo!)oscri ItiaiTiago of
*Airs.-Teliesen or Mary Durliarii were laid before
counsel. The counsel for the Crown were of course
well aware of all the circumstances connected with
the supposed marriage,

TBE CHU.ReIf OF ST. GRO1?0E-127I-TRE
EAST.

Yesterday there was much less unseemly, opposi-
tion and disturbance at the services in the Church
of St. George-in-the-East than for some time past,
and the day passed over in a manner affording
ground for hope that.the fierce party spir'it of which
it has long been the scene has well nigh exhausted
itself. Not that there was no irreverent, behaviour
on the part of many of the congregation. at all the
services, always excepting that of the afternoon
lecturer; but it was confined to a con Lparatively
few people, and much less remarkable t; aan at any
time heretofore since the disturbances, first com-
menced. The ;services were again, as fors everal Sun-
days previously, conducted under the protection of
the local divisional police of whom upwards of 40,
under the direction of Mr. Superintendent Howie,
were stationed in the pews and aisles of the church.
Some of the recent remarks of Mr. Selfe, the police
magistrate at the Thames Police-court, in which he
distinctly laid down the right, which could never
have been questioned by any intelligent person, of
a congregation to " say' the responses rather than
intone them, if they preferred, but in which he also
declined to express an opinion that they should not
be " said" aloud, were placarded on Saturday in the
shape of a handbill in different parts of the parish,
and it was apprehended that those remarks, together
with a menace held out by the crowd at the police-
court as the Rev. Mr. Lowder and his friends were
leaving it, might tend to a repetition of the dis-
turbances yesterday in a worse form than ever, but,
happily, the result proved to be otherwise. At all
the rector's services there was contention, but in a
comparatively modified form, between those who
insisted on saying and those who sang the responses.
Except, perhaps, in a few point of costume and in
reading the lessons from the old-fashioned read-
ing-desk, the officiating clergy can scarcely
be said to have abated their pretensions as to
the mode of conducting the ministrations. The
services were still choral yesterday, as usual,
and their appeared to be a much stronger choir
than there ordinarily is, at least at the evening
service. The route from the vestry to the chancel
—or " the quasi chancel," as Mr. Lowder called it,
correcting the ecclesiastical nomenclature of Mr.
Selfe, the magistrate--was lined with policemen
to protect the clergyman and choristers on
their way to and from their seats • but this did not
save them from the hiss with which it has become
customary to assail them always at leaving and
occasionally on entering the church. The Rev. Mr.
Machonochie conducted the services and preached
the sermon in the morning, about 400 persons being
present ; he also officiated at the Litany service in
the afternoon, and the Rev. Mr. Lowder intonetl,
the prayers and preached in the evening. On all
three occasions there were interruptions from cor.gh-
ing and jeering on the part of the congrei:,ation,
but nothing in comparison with the distur/Jance of
former Sundays. The greater degree of oraer which
prevailed yesterday was doubtless attributable to
the churchwardens, with the assistance a the
police, preventing the people asser,bling in a mass,
as formerly, in the chancel, where all the unseemly
behaviour had always before }:,een manifested. As
the congregation arrived t'ney were shown into
seats in the body and ganeries of the church, and,
the chancel being thus
.Kept clear, the services nro
ceeded with only sr.ch interruption as has been
mentioned, emanating chiefly from persons bent
upon opposition, Who contrived to seat themselves,
in the vicinity of the chancel, and an occasional
sound like tbzi lighting of a Lucifer match. From
1,500 to 2,0,00 people were present at the lecturer's
service in the afternoon, and at least 2,00 in the
evening. The Rev. Bryan King, the rector, who
is understood to be still unwell, was again absent.

POLICE INTELLIGENCE—Dec. 3

SOUTHWARK.—EXTRAORDINARY CHARGE OF
ATTEMPTED RAPE.--John Pettitt, cab-driver,
badge 13,737, of No. 5, South-mews, Manchester-
square, was brought before Mr. Combe, charged
with indecently assaulting a young woman, named
Louisa Davies, with intent, to commit a rape, and
Charles William Taylor, P. coachman, of 18, Guild-
ford-strreet, Berkeley-equare, was charged with
aiding and abetting Isim in the commission of that
offence.
Broderick, 43 YE, informed his worship that the
young woman was so much injured that she was
unable to leave her bed. He, however, could state
the facts as far as he knew. About a quarter-past
three o'clock that morning, he was on duty in Snow's-
fields, Bermondsey, when he saw a cab driven by
the prisoner Taylor, pass him. The other prisoner
was inside, and put his head out and called to the
other. They went up Wier-street, but there
being no outlet, they came back and drove towards
Gay's Hospital. Witness suspecting that some-
' thing was wrong, followed them as far as Maze-
pond, when Pettitt got out, and said he had dropped
a shilling. He opened his lamp and looked, but
no shilling was to be found. Pettitt then jumped
into the cab again, and Taylor was about to drive
off, but witness perceived a female lying inside in
a helpless state. He stopped the vehicle, and saw
that Tai for had no badge, but Pettitt had
one on his breast, No. 13,737. He also per-
ceived that the female's dress was much dis-
ordered, and that she was partially insensible.
He took them all to the Bermondsey Police-
station, and, as soon as she recovered, she told wit-
ness that Pettitt had grossly assaulted her.
Mr. Combe—Where is she now ?
Constable—At her mother's, in Melior-street,
Bermondsey,
Mr. Combe—Was she sober ?
Constable-0 yes, sir.
Mr. Combe—How came she in Pettitt's cab ?
Constable—l understand that she resided at
Hammersmith, and had been on a visit to her
mother in Melior-street, and being too late for the
omnibus she hailed Pettitt near the Bank of Eng-
land, and instead of driving her home he got the
other prisoner to take the reins while he got inside
and attempted to ravish the young woman. The
mother and her brother are both in court.
Mr. Combe—Let the mother step forward and
state what she knows of this outrage.
The mother, a very respectable looking elderly
female, said she was a widow, and resided with her
son in Melior-street, Bermondsey. Her daughter
was in the service of a family in the Broadway,
Hammersmith. Ou the previous evening she paid
her a visit, and left a little before ten o'clock.
Witness accompanied her to London-bridge and
put her into a twopenny omnibus to go to the
Bank, where she expected to find the Hammer-
smith omnibus, but unfortunately fbr her the last
omnibus had left. Feeling anxious to get home to
Hammersmith as soon as possible she hailed Pet-
titt's cab near they Bank, and told him to drive her
there, but instead of doing so he engaged the other
prisoner and got inside. They must have driven
her a great distance, and great violence was done
to her.
Mr. Combe—What state is she now in ?
Mother—She is very ill, sir, but I don't think
that she has been ravished. She has continual fits.
Mr. Combe—Did she make any statement at the
station-house ?
Acting Inspector Wise said he was on duty at
the Bermondsey police-station when the prisoners
were brought in by Police-constable Broderick.
The female, as soon as she recovered her senses, told
him, that when she got out of the omnibus at
the Bank she found that the Hammersmith
omnibus had left, and seeing the prisoner Pettitt
with his cab, she engaged him to drive her to Ham-
mersmith, and she then got in. After going a short
distance Pettitt got into the vehicle, and the other
man drove. She was so frightened that she could
not call out. She was driven towards Peckham
instead of Hammersmith, and when the constable
stopped them Pettitt had nearly ruined her. She
then fainted away, and witness had her convoyed
to her mother's.
Mr. Combe—What is Taylor?
Wise—He is what is called a " buck." He has
neither badge nor license, sir.
Taylor—I had nothing to do with assaulting the
female. I thought it was Pettitt's sweetheart, and
at his request I drove them about. The young
woman never called out.
Pettitt--I own to indecently assaulting her.
Mr. Combe—When is it likely that she will be
able to attend ?
Wise—Most likely in a few days.
Mr. Combe—Then I shall remand both prisoners
until Thursday next.
ROBBINGALAWYER.—Miranda Gibson, a fashion-
ably attired female, the keeper of a brothel, 8, Wil-
liam-street, Newington-causeway, was charged with
being concerned, with two men not in custody, in
stealing a gold watch and breast-pin from the per-
son of Mr. Wm. Stafford, solicitor, 17, Wellington-
street North, Strand.
`P....ne prosecutor, a middle-aged man, said that
about nine o'clock on Friday night he met with a
female in Newington-causeway, and after some con-
versation he accompanied her to a house kept by
the prisoner. Soon after he got in he felt very un-
well and drowsy.. At that time his watch was safe
in his waistcoat-pocket, and his gold pin in his shirt.
Some time afterwards he was reused up by being
violently pulled about, and he then saw the prisoner
rifling his pockets, while two men had hold of his.
His watch and chain were gone, and as soon as he
recovered himself the men rushed out of the house.
Ho detained the female and went to the front of
the house, when a constable came up and he gave
her into custody. On returning to the room he
picked up his chain.
Smith, 72 M, said he was on duty in William-
street on the night in question, and about 20 minutes
past nine he sew Mr. Stafford in the front garden