The Sun.
London, England, 1861-10-31 00:00:00

THE MILLTOTVN OUTR4 GE.

The protracted trial in this case was resumed
yesterday morning at 11 o'clock. The interest was
unabated, and the Court was as crowded as on any
former day. Ann Newsom, another witness for the
prisoner, was examined by Mr. Sidney in order to
prove an alibi. She is the prisoner's first cousin.
She remembered the time the prisoner came home
on the night in question. She assisted her aunt to
pull off' his coat just as the clock struck 10. In other
respects she corroborated the testimony of Mrs.
Meara, her aunt, with whom she lived for three
years. Her cross-examination by Sergeant Sulli-
van was very amusing. Her answers, which were
all given " to the best of per knowledge," were to
the following effect has one child living
with her. She is married, " of course,"—about four
years. Cannot tell in what month, or where ; sup-
poses it was in a church ; of course it must have
been. To the best of her knowledge it was by a
clergyman. Had her child about three months after.
Will not swear it was three weeks. Two months
after the marriage her husband went off to Australia.
Thomas Boyle, who slept in the same house with
the prisoner, swore that he was in at half-past 10
sitting at the fire with his coat off.
Luke Whelan, a cab-owner, was next examined.
He also lodged in the house with the prisoner. He
was home on the night of the outrage about five
Minutes to 11, and when he came in he saw the
prisoner. This witness admitted, in cross-examina-
tion by Mr. Barry, that there was a subscription
among the cab owners and cab drivers for the de-
fence of the prisoner, and that he had himself sub-
scribed to the fund. This fact about the subscription
seemed to take the Court and jury by surprise.
Willirn Dooley was examined as to the time at
which the prisoner came home, but on cross-exami-
nation he admitted that he neither looked at the
clock nor heard it strike, but " partly guessed " the
time to be exactly a quarter past 10 o'clock.
John Boyle, another lodger in the house with the
prisoner, saw him in the house that night, but could
not exactly tell the hour.
Sylvester Mogan, another lodger, was in bed and
could not tell what time the prisoner came in.

Susan Harley swore that she saw a cab in a lane
about the time of the outrage, which she believed
to be Mrs. Connor's cab.

This was the last witness for the defence. The
Court adjourned for 10 minutes. When their lord-
ships returned, the foreman of the jury said that
some of the jurors wished to have Miss Jolly ex-
amined again as to some parts of her evidence
Miss Jolly was sent for, and in a few minutes en-
tered the court, which was at this time densely
crowded.

A juror—Previous to the period when the 19 men
were paraded in the Castle-yard, had you an oppor-
tunity of seeing John Curran, the prisoner ?
Miss Jolly—Yes ; I saw him about a quarter of
an hour before.
Where was that ?
Miss Jolly—When I was at the drawing-room
window.
You then identified him as the offender ?—Yes.
Were you assisted in that identification by hear-
ing the prisoner's voice ?—No.

The voice did not assist you in forming a recog
nition P—No.

You heard him him speaking in the hall ?—Yes,
but that was after I identified him.

Hearing his voice did not assist you in forming
your opinion that he was the person ?—No, it did
not.

Mr. Curran—Would your Lordship have any ob-
jection to ask her was that on Thursday ?
Judge Ball—Of course it was.
Judge O'Brien—Where did you first see the cab-
man, Miss Jolly ?.

Miss Jolly—Vhen I was sitting in the drawing-
room with mamma, about three-quarters of an hour
before.

Where was Curran with when you saw him?
Miss Jolly—He was with another cabman.
Mr. Sidney—Woald your Lordship be pleased to
ask her was he at that time in the custody of the
police ?
Miss Jolly—l did not see any police with him.
Mr. Sidney—Would your Lordship have the
goodness to ask Miss Jolly is she aware that Curran
was brought to the Castle-yard that day in the cus-
tody of the police?
Judge Ball—Do you mean whether she saw him
coming in in the custody of the police?
Mr. Sidney—No, my Lord, but is she aware of it
as a fact ?

Judge O'Brien—Are you aware that Curran was
brought that day into the Castle-yard in the custody
of the police ?
Miss Jolly--No, I was not aware of it.
You did not know it ?—No; I did not know it
at all.

You do not know it even now P—No.
Judge Ball—Do you wish to ask Miss Jolly any
other question ?
Mr. Sidney—Nothing further, my Lord.
The witness Nowlan, who was the person who
found the cushion on the Rathmines-road on the
night of the occurrence, was recalled.

Foreman—When did you first see that cushion ?
Witness—On the 27th of September. It was
driving home to my own place. It was on the road
near to my own residence.
Was there light enough that night to perceive it
clearly ?—There was. I perceived it from the box
while driving.
Was there a lamp convenient to it ?—There was.
Was it the light of the lamp or the light of the
night showed you where the cushion was P—l think
it was the light of the night.
The witness was not further examined.

Mr. Francis Beatty was examined by the Crown,
for the formal purpose of proving the venue, and
deposed that Classon's-bridge and the fields beyond
it were in the county of Dublin.
This closed the evidence.

Mr. Walsh, Q.C., then spoke to evidence on the
part of the Crown. In the course of a very able ad-
dress he argued that the evidence as to the identity
of the prisoner, the sole point for inquiry, was com-
plete. The testimony of the unhappy woman, Agnes
Wiles, might be dismissed from the minds of the
jury without prejudice to the rest of the evidenoe,
with which it was not mixed up. No one bad ven-
tured to intimate that Miss Jolly did not tell the
truth to the best of her ability. Counsel doubted
her opportunities for knowing the man when she
spoke to him at the cab door, when he stopped on
the way, and again when she thought he was going
wrong, and especially during the struggle, with his
face near her, with every movement of his features,
every gesture watched under the influence of terror,
which leaves upon the mind the most ineffaceable
impressions. In order to displace her positive and
distinct testimony they must believe that Colonel
Lake and the police were guilty of a horrible con-
spiracy, and that they persuaded this young lady
to accuse an innocent man ; but the counsel for the
prisoner had not asked a solitary question to lay a
foundation for this unnecessary charge against the
police. He then analysed the evidence for the alibi,
pointing out its weakness and self-contradictions,
and arguing that it was fabricated so far as it re-
lated to the time in question.
At the conclusion of the speech, it being near
four o'clock, the Court adjourned till this morning,
when Mr. Justice O'Brien will deliver the charge
to the jury.

DUBLIN, WEDNESDAY EVENING.
TIIE VERDICT.

After two hours' deliberation the jury found the
prisoner Guilty; and he was sentenced to two years'
imprisonment with hard labour.

paesttchlnWaiaaSinraei-1
c 0 Tv E
ed n LiverpooIPRIVATEER
steamer, dated St. Thomas, Oct. 14th, to the effect that the
ySelF:t3eirTdEaylt.—byAthdee Ws
British ship Spartan, which had arrived at that port, re-
ports having coming up with the privateer Sumter, in lat. 9,
off the island. The Sumter was cruising about, evidently
on the look out for vessels coming out of St. Thomas. On
the known, the American war-
es was becoming
at once sent in search of privateers.
vee , Spartan'suroruois news,
UNITED STATES SHIPS AND PRECAUTIONS
AGAINST PRIVATEERS.—Our Liverpool correspondent,
writing yesterday, informs us, " that all the United States
ships, bound from Liverpool to any of the Northern ports,
undergo, before leaving the Mersey, a system of piercing, in
order that they may be able to carry guns. The upper
deck and bulwarks arc generally strengthened, and cannon,
constructed on the most recent and improved principles, put
on board. In order that the guns may be worked, so as to
do as great execution as possible if the vessel be attacked by
any of the Southern privateers, practical gunners have been
engaged, and in most cases the number of hands increased.
The cargoes, too, of many of these vessels are not of the
most peaceful character, as is well known to those engaged
in their stowage. Within the last few days several ships
have left the Mersey for New York, which will prove Tar-
tars should they be molested by privateers."