The Sun.
London, England, 1844-03-27 00:00:00

IRISH ASSIZES.

TIPPERARY ( NORTll).—Nenagh, March 22.
WILFUL MURDER.—Jeremiah Leary and John Cooke, two
very young men, were indicted for the wilful murder of John
Nowlan on the 9th :of June last, by a person named Mi-
chael Moylan giving the fatal blow, and that the prisoners
were aiding.
Mr. BREWSTFIR, Q.C., stated the case—The unfortunate
deceased was the servant of a Mr. Burrowes, a salesmast.er in
Dublin, who was in the habit of sending up stock from a
farm lie had in the country. Nowlan had been in his em-
ployment for more than twenty years ; to him was entrusted
the duty of coming to Dublin with stock, and it was his habit
to- arrive in town on Thursday, returning home again on
Friday. In June last the deceased went up to Dublin with a
number of sheep, and it would appear that on Friday, the
9th of June, he was on his return from Dublin. When he
arrived at Roscrea, about six in the evening, he went into the
house of a woman named Jenkins, to procure some refresh-
Ment. After some delay he left her place, and eventually took
his departure from Roscrea, on his way to Dankerrin. On
his way he was seen on the road by a witness who would be
produced; and about the same time, or shortly before, a man
named John Ford, who had been dressing a lime-kiln, saw
a person lying inside a ditch very near the place where the
murder was subsequently committed. There were on the
left-hand aide of the road, proceeding from Roscrea to Dun-
kerrin, two stiles leading up to a townland called Rathna-
vogue, an old one and a new one ; and on the evening of the
murder a girl called Bridget Maher, who had been in Roscrea,
left it about eight in the evening, going towards Dimkerrin.
She had to pass the two stiles which led to Rathnavogue,
and as she came up she saw two men inside one of the stiles.
It would also appear that a female named Jane Hodgens met
one of the prisoners (Cooke) coming from Dunkerrin towards
the place a short time before the commission of the deed ; and
much about the same period a woman, named Mary Claven,
passing in an opposite direction from Dunkerrin towards
Roscrea, saw the same party who had been seen by Jane
Hodgens; as she came along before him to the stile, the new
,
one, she was passed by John Cooke, and he had then a cap
on his head, and trailed a white stick on the ground. When
this woman arrived at the stile, she observed two men standing
inside of it, as if on the watch for some person, and one of
them was John Cooke. After'she had passed the stile, Mary
Claven met Michael Moylan, the person tried at the last
assizes. She was well acquainted with him at the time.
It would further appear that, upon the evening of the day in
question, a man named Thomas Cahill, who had
been for upwards of a year before residing in Rath-
navogue with his mother-in-law, left that place with
his wife, intending to take up his residence at Roscrea with
his father, and while he sent off his furniture on an ass and
cart, driven by his brothers, lie and his wife proceeded a little
after eight o'clock in the evening across the fields by the
path which led to the stiles, close to which the deceased was
murdered. They had reached within about five perches of
the new stile, and it was :then nearly as light as day, when
they heard a sound like the rapping of the stones along the
road, a little towards their right, in the direction of Roscrea.
Cahill ran up to the stile, in consequence of the noise, and
looking down into the road he saw three men at the distance
of•tive perches, standing over another, who had been brought
to the ground. On looking towards them, they had their at-
lention attracted to Cahill, and they then ran away. Two
of those men lie had known before, and ho would positively
prove their being Moylan (who was tried at the last assizes),
and the prisoner Leary, but as to the third he could not
swear positively, he being stooping over the body.
Several witnesses were examined for the -prosecution,
whose testimony directly implicated the prisoner Cooke; the
only material evidence against the other prisoner was that of
the witness named Cahill. -
Judge BALL charged the jury in an able and very feeling
address.
The jury, having been locked up for some time, came out,
and the foreman intimated that one gentleman wished to ask
Cahill's wife a question.•
Mr. Hassard objected, in a case of so much importance, to
giving any consent to hay 9 witims rcciOtedl and

Judge intimated that the -gentlemen niust come to a
conclusion on the case as it was then before them.

At the adjournment of the. Court, the jurT,not having
agreed, were locked up.
At ten o'clock at night the jury again came out, and the
foreman said there was not tle least hope of their coming to
an agreement if they remained in for a month.
Juge BALL—It is not in my power to discharge you.
Foreman—l am sure your Lordship would not wish us to
be coerced into finding a verdict.
Judge BALL—I do not wish any such thing, but the law
coerces me.

Foreman—At previous assizes I have known the judges
to discharge a jury after they had been locked up for a night.
Judge BALL—WeII, gentlemen, I am now obliged to tell
you what 1 was not anxious to mention sooner, that just
before the circuit the Judges met, anti came to the determi-
nation that whatever the practice may have been in parti-
cular instances hitherto, they were not warranted in dis-
charging a jury, merely because that, after being in for a
considerable time, they were not then enabled to agree.
Upon looking more accurately into the law, they have come
to the determination that it was not within the power of the
Judges, merely because for a considerable time there is no
apparent prospect of a jury agreeing, that they may be dis-
charged. That decision having been come to, and acting
upon the rule so laid down, it is not within the compass of
my power to transgress the law. lam sorry to subject you
to any inconvenience, but I am bound to administer the law
under the solemn sanction of an oath.

Mr. Young, one of the jurors, stated that he was very ill
during the day, and further confinement would be dangerous.
Judge BALL—That is quite a different matter, and I shall
send in a medical gentleman to examine you.
Dr. Quin then retired into the room with Mr. Young, and on
Iris returning, having been sworn, deposed that to keep
Mr. Young until Monday morning would be attended, most
probably, with dangerous consequences to his health.

lifarch.23.
The jury were called out after Judge Ball had taken his
seat, and his Lordship inquired if they had agreed ?
The foreman intimated that they had not, nor was there
the least hope of their doing so.
Judge BALL observed, that very often those who were
quite as clear as to their not being able to agree, after
deliberation, were enabled to return a verdict.

The foreman—There is not the least hope here.
Judge BALL—Then, I have only to request of you to return
to your jury-box.
The foreman said, he was treasurer of the Savings' Bank,
and the public would be very seriously inconvenienced if he
had to remain in all day.
Judge BALL—I am very sorry for it ; but you have here a
more paramount duty to discharge, and I regret to say it is
not in my power to discharge you.
The jury intimated that they had long since agreed as to
the verdict to be given with respect to one of the prisoners.
Judge BALL said he did not see any objection to taking
their finding in the case in which they had agreed, and dis-
charging them as to the other. _ _

Siusse remarked there could be none.
Mr. Hassard, who was present, made no observation.
The jury gave no finding as to Jeremiah Leary, but returned
a verdict of guilty against John Cooke.
The scene at this moment was very impressive, and, amid
the utmost stillness, the Clerk of the Crown asked the pri-
soner what he had to say why sentence of death and execu-
tion should not be passed against him.

The young man bent over the bar for a moment, as if con-
vulsed with grief, but then became quiet, and merely said,
" I am not guilty."
Judge BALL, addressing the prisoner, said he had been
found guilty of an offence of the deepest dye, after a long
and anxious deliberation by the jury. He had been found
guilty of the barbarous murder of an innocent and unoffend-
ing man, and upon evidence which showed that he had ex-
ercised a degree of savage ferocity at which human nature
shuddered. Under all the circumstances no hope could be
held out to him of a remission of the penalty which the
law awarded to his offence. His companion in guilt had
already expiated his crime by an ignominious death, and for
the short time the prisoner had to live, he ought to pass it in
sash a manner as to appear in the presence of his Maker, im-
ploring that pardon which the law denied him here. His
Lordship then sentenced the prisoner to be hanged on a
future day to be named.

POLICE INTELLIGENCE.
(YESTERDAY.)
MARLBOROUGH-STREET.

Very considerable excitement was caused is the immediate
neighbourhood of this Court, and a vast crowd of persons
assembled in front of the office, in consequence of its being
known that the examination of a set of gamblers would take
place. It appears that the capture of them was not effected
without much tact and stratagem. Mr. Superintendent
Baker of the C division, accompanied by a strong body of
the police, proceeded last evening between eight and nine
o'clock, and, in pursuance of an order from the Commis-
sinners, effected an entrance into the house No. 16, the corner
of Leicester-place and Leicester-square, where, after much
difficulty and confusion, they succeeded iu taking into cus-
tody twenty-eight persons, amongst them the owner of the
premises, and three persons aiding and assisting him in the
conducting and management of the house. They also seized the
bank, amounting to about 1 IL, a roulette table, hazard ditto,
535 bone counters, seven money rakes, three bank boxes,
and various other gambling implements. The house has
long been an intolerant nuisance to the neighbourhood.
John Harlowe, John Lang, Louis Bernard, a Frenchman, and
Luke Brown, were first placed at the bar; llarlowe being
charged as the owner and keeper of the house, and the others
with aiding, assisting. &c. Harlowe was defended by a gen-
tleman from the office of Mr. Flower of Hatton-gardon.
Harlowe at present stands indicted at the Middlesex Ses-
sions for a similar offence. The charges were conclusively
proved against the defendants by Mr. Horsford, the principal
officer of the Mendicity Society, who was expressly em-
ployed by the Police Commissioners on the occasion, and
who on a previous evening obtained admission into the
house in disguise, and was consequently enabled to establish
against each of the plaintiffs the particular acts which he
witnessed, while the play was proceeding, during the time
he remained in the house. Harlowe was fined 501., or three
months' imprisonment in Westminster Bridewell and hard
labour. The others were amerced in 25/. each, or six weeks'
imprisonment.
Some of the remaining defendants, charged with having
been found in the house without lawful excuse, were fined
405., or fourteen days' imprisonment, and the rest were
discharged.
The fine imposed on Harlowe was immediately paid, as
were also several of the others in the course of the day,
About a fourth of the whole number, not being able to mus-
ter the amount required, were sent to gaol in pursuance of
their sentence.