The Sun.
London, England, 1835-07-21 00:00:00

ASSIZE INTELLIGENCE.

NORFOLK CIRCUIT.—BucrrNuH4M, JULY 18.
CLARKE, GENT., V. CHETWODE, ESQ.
This was an action brought by an attorney against a
Magistrate, to recover damages for having been forcibly
expelled from a room in which the defendant and other
Magistrates were holding a Petty Sessions, and adjudicat-
ing upon a charge of assault.
The Jury, after hearing evidence, returned a verdict for
the defendant.

OXFORD CIRCUIT..--ABINGDoz+r, JULY 17.

John Thomas, a young man of most respectable appear-
ance, was charged with having robbed Micliael Phelan of
eight sovereigns, a half-sovereign, and a purse.
Michael Phelan—l was, on the evening of the 21st of
May, driving some pigs to London, and at about half-past
eight o'clock, as I was ascending a bill about a mile from
Newbury, three men jumped upon me from the hedge and
pushed me down—one of them presented a pistol at me.
They robbed me of eight sovereigns, a half-sovereign, and
a purse, and then left me, threatening me if I returned to
Newbury that night. lam sure the prisoner is one of the
men.

The prisoner received a good character.
Mr. Justice WILLIAMS summed up the evidence, and
left it to the Jury to say whether the prosecutor was or was
not mistaken.—Verdict—Guilty.

IRISH ASSI4ES.

MARYBOROLIGH, JULY 13.

Two police constables, named Colburn and Quinzey, were
tried for feloniously assaulting Maria Rourke.
The prosecutrix being deaf and dumb, her mother,
Bridget Rourke, was sworn to interpret between her and
the Jury ; and the communication by signs from one to the
other, with the occasional passionate, though silent, ap-
peals of the former to the Judge, gave a very striking and
solemn character to the whole proceedings.
The manner of swearing the witness was as follows :
Her mother having communicated with her in dumb show,
she raised her eyes and hands, then making a sign denoting
fire, pointed downwards, and reverently kissed the book.
The meaning of this was interpreted to be, that if she did
right she would go to Heaven, if wrong she would go to
a place of fire. The mother deposed, that the prosecutrix
was in the habit of kneeling down as if to pray, night and
morning, and was impressed with a sense of religion. She
had never practised deceit, nor any such arts of conceal-
ment as would evince a disposition in a person possessing
the faculty of speech to tell a lie. By the direction of the
Learned Judge, it was intimated to her that if she did give
a false representation, the two men at the bar might be
hanged, to which she signified that she would do nothing
wrong. Several persons were brought forward to the front
of the dock along with the prisoners, and she was required to
identify the two men who had ill-used her. After a curious
survey, she placed the wand on the head of Colburn. Be-
ing required to find out the other, she looked several
times around the Court with a perplexed and troubled air,
motioned to the Judge, and sat down. The prisoners
were dressed in coloured clothes, and the Chief Justice or-
dered them to be removed and clothed in the uniform of
the police. They were brought up so attired in company
with eight other policemen, and the attention of the wit-
ness was again directed to them. She singled out Colburn
as before, but did not recognise the other. The prisoners
and policemen were then ordered down, and brought for-
ward singly. She placed the wand as before, upon Colburn,
but signified that she had no recollection of any other. The
two prisoners was then placed side by side at the bar. For
the fourth time she identified Colburn, but turned away
from the other as unknown to her.

The CHIEF JUSTICE now ordered that the trial should
proceed, and the prisoners having removed the foraging
caps which they had assumed with the police dress, the wit-
ness instantly started up, placed the waud upon Quinzey's
head, and turning round to the Bench, stretched out her
hands and fixed her eyes with an expression of earnestness
upon his Lordship. I never saw any transition on the
stage equal to this in dramatic effect. Yet there was no
acting ; it was truth and nature, spontaneous, untutored,
and intense.

It appeared afterwards, in the course cf the trial, that
Colburn was the first person who had assaulted this help-
less young creature. She is not yet 18, and compelled, or
as he alleges, and the Jury seem to have believed, induced
her to remain in his company for a considerable time during
the daylight. The other prisoner did not join them till the
night began to close, a circumstance which the witness de-
scribed by overshadowing her eyes with her hands.
The particulars of th infamous transaction, for such it
was, whatever may have been the legal guilt of the accused,
are not fit for publication. Abundant evidence of ill-treat-
ment was produced, and the deplorable situation in which
the prosecutrix was found, was undeniably proved.
The Jury acquitted the prisoners—a verdict which the
Chief Justice has be©n heard to declare " he did not expect."
July 14.
Patrick Dobeny and Thomas Judge, were indicted for
the wilful murder of William Carter, at Ballyfinn, on the
Bth day of April last.

James Carter—l am a son of the deceased, who was a
farmer, and occupied a tract of mountain land, which he
had been permitted by the landlord to enclose for his own
use. It had been previously common pasturage, along
with the rest of the mountain, for the cattle of all the te-
nantry of the adjoining district. The enclosure gave great
dissatisfaction to the neighbours, and the fences had been
frequently demolished. Our family has been much abused
on this account. Twelve months ago I was beaten so
severely that I lay for a whole day insensible, and cannot
recollect the manner of the attack, or any circumstance
or person connected with it. I have a brother who was
beaten before that, and so injured, that he is in a state
of idiotcy ever
.since, and is now confined in the Lu-
natic Asylum in this town. I remember the Bth of April
last. I met the prisoner Thomas Judge about eight o'clock
that morning, as I was going home to my breakfast, from
fencing the land. He said "We were making great fools
of ourselves about that fence—that we got enough about
it before, and it would not before we got more." After
breakfast my father accompanied me to the ditch, and re-
mained with me till two o'clock, when we went home to
dinner. After dinner I went to another part of the any
to turn a heap of manure, leaving my father dozing at tile
fire. I remained at this work about half-an-hour, when an
impression came over my mind, and I could not stay there
any longer. I went back to the house and found my
father had gone out. I went to the ditch where I
had been working in the morning, and fell to work at it.
I had not worked long when a pig, trespassing in the ad-
joining field, caught my attention, and I went to turn it
out. On the way I found my father's body, covered with
blood, and the stock of a pistol, with some part of the
lock, lying near him on the ground. He was quite dead.
I cried very loud.

Pat Fitzpatrick, an approver, knew Kevin Egan and
Doheny. Saw them on the Bth of April near Shone's-lane,
at the back of Egan's house. Went with them to the old
walls. They bid me go by the river side, and if I saw any body
coming to let them know. Did not see Doheny and Egan
till he went to the place where the man was • murdered.
There were Doheny, Egan, Tom Judge, John Judge, Mar-
tin Maher, Tim Macabe, and Laurence Maher. Tom
Judge had a bayonet, John Judge a shovel, Macabe a pis-
tol, Egan a pistol, Doheny a loaded butt, Martin Maher a
bayonet, and Laurence Maher a fork handle. They were
lying about the ditch. I saw Macabe fire out of a pistol
at deceased, who fell. Macabe then struck him with a
hatchet ; Larry Maher stabbed him with a bayonet ; Do-
heny struck him with a loaded butt ; Egan with the butt of
a pistol ; and Tom Judge stabbed him with a bayonet.
Doheny and Egan put me down, and swore to let neither
father nor mother, brother or sister, know of it.
Cross-examined—l met them by accident that morning.
I knew they were about to commit a murder, and yet did
not leave them, because I swore to go with them. I was
sworn at a wake about three weeks before. Egan swore
me. He and another man took me out, and swore me to
keep down land-jobbers and tithe-proctors. They said at
the wake they'd murder Carter, the land-jobbing thief.
I was sworn a ribandman about five years ago. I have
taken three oaths in my time. My first oath was to put
down land-jobbers and all tyrants, and to put down Pro-
testants for taking land. That was five years ago. My
second oath was to kill Carter. The third was the oath
not to tell of the murder. It was Egan bid me meet them
at the old walls, and told me for what. There was -to be
word given on the day that he (deceased) would be out.
Egan and Doheny were with me on that day. They said
they did not. get the old thief. On the day of the actual
murder I did not get word, but happened to be going.
After hearing other evidence, the Jury remained shut
up until ten o'clock, when, as there was not the least hope
of their coming to an agreement, they were discharged, and
the prisoners remanded till the next Assizes.
It is understood that 10 of the 12 were for a verdict of
Guilty.

In the last three months 1,691 persons emigrated
from Cork to America.—Cork Co pier.