The Sun.
London, England, 1844-07-29 00:00:00

IRISH ASSIZES.

TIPPERARY (NORTH RIDING), July 26.
MURDER—EXTRAORDINARY CASE.
Edward Nellie was placed at the bar, charged with aiding
and assisting in the murder of John Kennedy, of Cappagh, on
the 7th of January last.
Mr. Scorr, Q.C., stated the case. He said the prisoner at
the bar stood indicted for the murder of John Kennedy, the
father of a large family. On the night in question some of
the family went to the police-station, and on that occasion
the prisoner at the bar was arrested, and taken to the house;
and on that evening all the family denied' knowing any of
the party. In a few days after, when the father's life was
doubtful, his children came forward, and named the parties
who deprived him of life. There are two others included in
the indictment, but they have not as yet been made amenable
to justice.

The wife, four sons, and a daughter of the deceased, were
examined for the prosecution. It appeared from their evi-
dence that deceased met his death in consequence of wounds
inflicted with a spade-handle by the prisoner, assisted by two
other persons named Maher and Howell.
' The most extraordinary contradiction existed between the
informations of the witnesses and their evidence at the trial.
The case for the Crown having closed,
Mr. HAMAR]) rose and said, it now became his duty to offer
such observations as occurred to him during the progress of
this trial. The prisoner at the bar was a man of unimpeach-
able character, and one whom he would prove to be the last
man to commit such a crime as that imputed to him. The
jury, no doubt, would ask what could be the reason for the
prisoner's committing such an act, when they had it in evi-
dence that the Neilles and Kennedys lived on the best terms.
—(The Learned Counsel here animadverted at some length
on the discrepancy between the informations of the witnesses
and what they had sworn there that day.) Contrast them,
he said, with what they had sworn, and he was sure the jury
would not believe one word they had spoken, for it was an
after-thought of them in tacking the prisoner's name into
their informations.

James Bren examined by Mr. Rouzsrom—Recollect,
William and Hugh Kennedy coming to my house and telling
me their father was beaten. Was in bed, and said I would
not get up unless they told me who did it. They then said
it was Howell and Maher, and another man whom they did
not know. Then got up and went to the police barracks at
Knocking-lass. It was not long till head constable Burke
arrived, when he arrested Maher and Howell.

To the CouRT—I am sure neither of the Kennedy's, when
they came to my house, mentioned Nellie was one oftheparty-.
William Poe, Esq., spoke of the prisoner as a 'man of ex•
cellent character.

Mr. SAUSSE replied on the part of the Crown to the evi•
dence produced for the prisoner. If the prisoner at the bar
was not the person who committed the murder, it must be it
mistake on the part of the witnesses as to his identification,
for it appears they really conceived he was of the party.
The Learned Judge (Baron RicirAnm) summed up the
evidence. After remarking on the barbarity of the murder.
his Lordship remarked that it was his impression that the
Kennedys did not go there that day corrupted to swear what
was not the truth • but at the same time he conceived they
were labouring under a mistake as to the.identity of the man ;
they swore, no doubt, what they really and conscientiously
believed to be the case ; but then there was a probability, or
a possibility, as to their being mistaken in the man. The
Learned Judge then began to read over the entire evidence,
and animadverted thereon as he proceeded.
The jury, after a short deliberation, came into Court with
a verdict of guilty against the prisoner.
Mr. Cooke, one o the jurors, begged, on behalf of his
brother jurors, to recommend the prisoner to mercy.
His LORDSHIP said, it but remained for him to pass the sen-
tence of the law, and, of course, their recommendation would.
be forwarded to the Government.