The Sun.
London, England, 1826-08-08 00:00:00

ASSIZES-IRELAND.

CORK.---Auousv 2.
MURDER.
James Collins was arraigned and chargt.d with the
fill murder of Ellen, his wife, on the 13th April, at Wt.
itboleen.
The evidence for the prosecution having closed, and no
witness coiled upon for the defence, his Lordship. charged
the Jury, and after minutely recapitulating the evidence,
refered the case to their consideration, who then retired,
and, after deliberating a short time, returned a verdict
of Guilty.
• The Learned Baron then placed, upon labs head the
awful symbol of justice, and passed sentenee, upon the
prisoner, in the usual forM, ordering him for execution
to4norrow (Friday), and his body to he given to the env.
geons for dissection.
The prisoner appeared very much flushed throughout
the trial, the ordeal of which, he stood without being
much affected, until his child appeared on the table, and
from t het moment. his self-possession left him, and he sob-
bed bitterly ; held a handkerchief. in his, hand, and occa-
sionally wiped his face, while. the Jury were deliberating.
The instant they pronounced the verdict, his lips quiv-
ered, he trembled, and leant on the bar, where he re-
mained, almost motionless, during the time Baton Penne-
father WRS addressing him ; and, after the sentence was
passed, such was his apathy; that one of the turnkeys had
to rouse him twice before he left the bar-still without
uttering a syllable.

Auousr 3.

Patrick Connell and Maurice Council were indicted for
highway robbery, alleged to have been committed by them
on the night of the 16th of July last. This came was con-
ducted by the Crown Prosecutors.
John Callaghan, examined by Mr. Quin.—Witness re-
sides at Liakellane, in the county of Cork : was that night
on his way from his house to the city of Cork. He bad
a quantity of butter for sale. A woman of the name of
Bridget Walsh was in his car. About the hour of twelve
o'clock at night he was stopped at a place called &he-
rish, between the towns of Mallow and Buttavant, by
three men; one of them had a gun, another had a case of
pistols, and the third was armed with a bayonet fixed upon
a pole. The man who was armed with a gun demanded
from witness money. He said he had none. That man
was the prisoner, Patrick Connell. Upon this Petrick
Connell called out to the other prisoner, Maurice, to search
witness's pockets. Maurice took from off his person three
shillings, which he handed to Patrick : Maurice, after that,
4 the command of Patrick, went to the car, and tookaway
(Orkin of butter. !a positive that the man who had the
gin in hiabond was the prisoner, Patrick Connell.
[Here the prisoner addressed the Court in a very em,:
phatic manner from the dock--" Oh, my Lord, 44 not be-
lieve a word of it. I declare to the Almighty God that 1
in fired a gun in my life," then, turning to the witness,
he said," You are swearing against our lives, and God
will confound you yet.") •
Witness told what had happened to the, police. He
stated that he.knew a young man of the name of Burke.
Re knew Bake not to be a man of good character, and it
Occurred to him that ,Burke was one of these that had
robbed hint. " I discourse," said witness, "in my own
Mind."

Mr. Howard, attorney for the prisoners---Don't telt us
of your discoursing-4n 11. yonreelt
Witness—Why, I was afraid, and I would lay a wager
that you would be afraid if you were in my *c.v.—
t.A laugh.)
Cross-examined by Mr. Howard—Witness is, from Bth.
lane and can get an holiest character. •
fhonest character ! Now have you never been guilty
of any thing ?!—Oh, that kind of speech will not do for
you.--,(A laugh.)
Did you dine at home that night?—l
Did you eat enough ?
Witness (imitating the• gestures and tone of the at-
torney)-1 eat as much as I thought tit.—(A laugh.)
You had Biddy Walsh with you snug in the car all
night ?—I had.

Is she as great a beauty as your dear self, Jack ?....she
has as much beauty as I have, and bitter manners than
you have.—(A laugh).
Did you drink any thing that night, my dear Jack P
I did.

Under favour, what did you drink ?—I drank *me

Was there not a little potteen in it ?—lt was in a 414:
Oh, I know—the milk and the potteen were in a basin.
laugh).
So you drank a basin of poliern and milk ?-4, did.
How did you get poor Burke into your clutches ?—I
took him up because I knew him to be a bad mtmber,
and I thought he might have been the third man.
You had a great deal of brass P—l had.—(A laugh.)

They took from you a great deal of brass ?--They aid.
And they left you a great deal of brass ?
• Witnesi, astonished—They left me none.
Oh, Jack, you tnistake, they left you a great deal in the
face.—(Laughter.)
How did it happen that you had so much brass in your •
pocket?---I got it from time to time. I suppose you would
not take brass; oh, not you...4Loud,linseliter.)
I never got. any of your brass, Jack ?—.No, thank God.
—(Continued laughter.)
In answer to a juror—He was not tipsy that. night. It
would be hard for liirn, for he did not drink any thing but
milk.
Juror—Why you did drink potternie
Witness.-ob, it was milk out of a putteen.—
(Luughter).
Here the ease closed, and. the Judge had proceeded
for some short time in charging the Jury, when the pri-
soner, Patrick, who laboured under dreadful agitation, ex-
claimed—" My Lord, my Lord, we are innocent men.—.
Oh, can't l.get a character ?—Where is Sir James An.
derson?—W here is Mr. O'Leary?—Where is Mr.
milton? Any of them can give us the best character."
Not one of those individuals appeared to be in at.
tendance.
His Lordship rebuked the agent for not.having had,
those witnesses or some of them in court. .•

His Lordship then proceeded t... ii---- the lit
rj;
The
Jpruirsyofrt es rwae
rshort
immediately consultation
It vvr
diet of Not Guilty,
j 0
hTie
irleme ntjait
uiz he
rayhi.
returned
coo:
utgi
ra
nth,
ea indicteddewaia4evthe r ddis:m A .Illyf
on tr gth
ul
he
us
kty. wilful murder of
of murder, but
Guilty of Manslaughter.
The Learned Judge sentenced him to transportation for
life.
Thomaa Doolau was put to the bar, charged with a
burglary and robbery in the house of William O'Brien, at
Boerash, in the county of Cork, on the 9th of June last.
The ease was conducted by the Crown prosecutor.
The Jury, after a short consultation, returned a verdict
4tirestegajoiefoiNoitarehnliFtkegrltaa.bge:ileriteeT,),;:jithscoli.iy:a
‘wvaass
hp‘avvtelrtiyoenothrpiellai:! chargedotctiamthei
t:141)(1w: ihtrehefloaihdoenirrset.tdi
tlajl'eiiir. 'hi 'e'l elnowfedthelikperis6a I:eur:l.whrorwalioecotef affected
his
friends held him hard, and applied a handkerchief to his

month. Ro.:ntlitueci bellowing during. the whole pro-
gress of the inquiry which the Court thought fit to insti-
tutu witkrespeetJ to .the question of his insanitp Two
medical gentlemen, who attended him in gaol, gave it a
theiropinion,-that:he,:was perfectly sane:
After,this inquiry had proceeded so far, the Court, on
the motion of Mr. Howard, his attorney, allowed the pri-
mmer to putin his plea of not guilty, IVir. Howard making
a voltintary undelie.king, that his client should not bellow
any more during'-the trial. This undertaking excited
much ittighor the Court. The trial then pro-
ceeded And the prisoner; ,Upon' very.‘ distinct evidence,
Was convicted.

• CAst -OF ABDUCTION

J42l7Leetty stood ^capitally indicted for entering the
dwelling-house of Catherine Bennett, on the night of the
4th of ,April, and forcibly, carrying her away, with intent
to matey het:
'Catherine Bennett sworn, and examined by Mr. Quin.
—Witness is a widow; remembers the night of the third
of April. Witness was in hed with her only child, when
she perceived a, 'party of Mtn surrounding her house, the
door of which they were endeavouring to force open : they
succeeded after sometime, when several of them entered
it. Witness being very much alarmed got out of bed,
asking them what they wanted at that hour; one of them
answered they had a good husband for her : witness said
she wanted no husband ; they then answered her that she
must have one, and immediately forced her out of the
house, leaving her child in the bed; on her going into
the road, the prisoner, who remained all the time outside,
placed her behind himself upon a horse on which he was
mounted, and carried her to a publican's of the name of
M'Namant, ; a distance of live or six miles from her• house,
where he kept be luring the night. Prisoner here want-
ed to prevail upon witness to marry him; she persisted in
refusing. As soon as the morning was arrived, the
owner of the house in which she had remained during the
night,' took. her with him into the public road, when
the witness made the beat of her way home: witness is
quite 'pOtiithe that it was without her consent she was
take.it away.
Vbe witness was cross-examined by Mr. Freeman.—
She admitted that the prisoner did not offer any violence
to her person ; hut nothing material was elicited from her
in contradiction of the testimony given on her direct exa-
mination.

James„ *Namara corroborated the circumstance stated
by the preseciitrix of her being taken to his house: he
stated that the prisoner expressed contrition for what he
had .done, on being interrogated by the witness relative to
his.,having acted in the manner above-mentioned ; that he
gave her up to him,- saying that it: war his misfortune to
have taken her away, but that he would have nothing
more to do with her, ,

HisrLordship minutely recapitulated the evidence, and
left the case to the decision of the jury, who, after a short
absence, returned a verdict of Guilty.
After the'usual question being put to the prisoner by
the Clerk of the Crown, what he had to say why sentence
of death should not be pronounced against him, his Lord.
ship proceeded to address him in the following impressive
manner John Leeny, you have been found guilty of a
very grievous crime against the laws of your country, com-
mitted at the dead - hour of midnight ; you attacked the
house 'of an unoffending and .• helpless female, whom,
it 'appears, you had never before- seen, and therefore for
whom you could not-possibly, have entertained an affec-
tion; after tearing her from' her-child, you forcibly carried
her off, with the assistance of your companions in
guilt. It is a crime of a very serious nature, and
to which the law attaches the punishment of death ;
the only circumstance whieh can serve in any degree to pal-
liate your offence,is that of yournot offering violence to her
person, and that you afterwards restored her to her house
again :-.-these circumstances may serve to make-your case
appear less-aggravated, and recommend you. to the mercy of
your Sovereign. However, I cannot take upon myself to
promise, that mercy will be shown you, and I have now to
warn you to prepare yourself for the exeentimi of the' gen-
tenee witilmh the law- obliges nrie to pronounce against you.
If the cirtannstatices of your ease should, upon consideration,
not prove sufficiently weighty to justify a • mitigation of
that s-entence, you -can have, no reason for entertaining a
hope of its being abated ; but if, on the other hand, they
. be winsidered sufficient, you may only expect that it will
be changed to that of transportation for. life. • Crimes of
this nature are becoming very irequent.•• It. is, therefore,
necessary to punish them -with. the. severest penalty that
the law can inflict ; notwithstanding this, there are, how-
ever, men who, continue to perseVere in such offences in
spite of the punishment awarded,-which is • not merely in-
tended to punish the guilty, but to prevent others frOm
the perpetration of crime,-,and protect the innocent from
violence. his right, however, to consider those who show
signs of contrition, and if consistently with justice, it can
be done,. to avert • the penalty which • their crimes. may
have- brought upon them; it is in consequence of this, and
upon having expressed your sorrow for the offence, that I
will recommend you to the Mercy of your Sovereign, who
• under those circumstances may extend it to you. How-
ever, it. now becomes my duty pass upon -you, the
awfid sentence of the law, which is, that you, John Lee-.
ny,: be taken. from the 'place where you now stand, to
that-from -whence you caine, and from thence to the place
of common execution, where you be hanged by the neck
until .you are dead.. ",The prisoner retired evidently much
affected. •

Conic, Atm. 5!

:Jeremiah Sullivan, Dennis Mullowney, John English,
and Michael Tobin, were put t( the bin' for a burglary in
the house of Owen M'Carthy, on the night of the 9th of
July last.
This case was conducted by order of , the . Attoniey-
General, and, excited considerable interest. . .
Mary M'Carthy, examined by Mr. Quin. --Witness is
the wife of Owen- M'Carthy, of Drumrue. That on the
night of the 9th .of July , last, she, her husband, and
three young children, were in bed: in their cabin, which
consists of:but one. apartment.. The door was broken
open, and several men-entered. One man asked who
lived there. Her husband answered, " Owen War-
thy." 'He was` asked were there any sit: tigers in the
house. He replied there were not, lie was then, or-
deered to cover his head. One of the men that en-
tered the house lighted a candle.- The instant it was
lighted, the man Who was pear the bed threw, himself.
upon the witness and her husband on the bed, and rolled
the bed.dothes round his head.; Ile had a heavy gun in
Ins hand, which he laid on her chest.. Witness called out
to him, for the honour of God, not to murder herself and
her child. . lie then took the gun from off her, and laid it
near the bed side, He took a pocket belonging to wit-
ness, which was lying on the bolster, and took what half-
pence- were in it. ..ii,e also took a pawn ticket. Her hus-
band begged of then) not to take the pawn ticket, as he
might be able to release -the articles which had been
pledged. At the tune the nom that had the gun raised it
off witness, she removed the clothes from her fact in such
a manner as to,enable her to, see the persons distinctly
who were in the house, without being in danger of being
suspected by them. J. Sullivan was the • Itiftit who had
the candle lighted in his band, and who was at thehox,
and who took out of it half a- stone of flour, and some
bread., - Ailety.endlivati had searched the- box, he turned
round and gave the candle, which he had lighted in his
hand to the prisoner-,Dennis Mullowney. Mullowney
was the man who came over;her, in the bed, and
had the gyn., . When Sullivan gave the candle:- to
Mullowney,' he proceeded to another box, and got more
flour in a bib, which, together with the other (pian-
tity of :flour, he put on the table. Mullowney searched
Sullivan col-
the house for milk, but he did not get any. S
leeted the our together, and then calledhlullowney, wile
took .1141 in, and they both went out together, carry-
ing theeand i,
e with them. After Sullivan and Mullowney,
had tin flie, atise,.,another man came in-and asked what
was taken. She replied that,shehad,l
ost two-pence, to-
gether with what,flons she Lad for. her children's break-
feat. The uvol.eaid it wee a had thing to take away the
floni.from the children. He latter for some time, and

returned again with part of the flour, and the bib. Wit-
ness begged of him to bring the remainder of the flour ;
he said he would if he could. lie went out and called
Tor the flour, but one of • the party stood at the door, and
said he Would not suffer any thing to be returned. The
man that brought her the flour, was the prisoner, John
English. There was a fourth man there. Witness thinks
and, indeed, is ,sure, in her own mind, that Tobin is the
man, but still she will not take upon herself to swear po-
sitively to him.

Here the case for the Crown closed.
One witness only was produced to prove an alibi for
the prisoner Mullowney.
After a short consultation the Jury returned with the
following verdict.,:---Jeremiah Sullivan, Guilty; Dennis
Mullowney, Guilty ; John English, Guilty ; Michael To-
bin, Not Guilty.
The Jury recommended John English to mercy.
The verdict was received and recorded in death-like
silence. The Judge proceeded to put on the black cap,
and commenced to pronounce the dreadful sentence of the
law:—" Prisoners, I have but too much reason to fear
that this crime, of which you have been just convicted, has
not been the only crime recently committed by you. Ano-
ther indictment, upon another charge, has been found by
the Grand Jury against you."
Here his Lordship was interrupted by the prisoners, who,
in a clamorous manner, protested their innocence. They
charged the witness, ary M'Carthy, with having sworn'
sway their lives. "My Lord," said one of them, " she
would swear away the lives of all the men in Court for a
one-pound note. Is it not a hard thing that, for the per-
jury of that woman, we are to lose our lives? She has
perjured herself against us, for which she will be damned
in hell yet."
The Learned Judge waited for some time, until order
-was restored, and then proceeded—" Prisoners, it would
be a dreadful thing, indeed, if any person were so wicked,
so abandoned, as to swear away the lives of innocent men.
If I thought that Mary M'Carthy had been guilty of per
jury, I would lave stated my opinion at an earlier period
of the trial. If the Jury thought that she had committed
perjury, they never would have returned the verdict which
has been recorded against you. They have been satisfied,
as I am satisfied, that what was sworn against you was
truly sworn. It is useless for you now to protest your
innocence; such protestations cannot be believed, and
ought not to be made by men in the unhappy and awful
situation in which you are placed.,—(Here the prisoners
again violently interrupted the Court. "My Lord, we
thought that Mr. Steward would -have called our wit-
nesses; our witnesses have not been examined."
Baron Pennefather.— you,
Again I tell that those pro-
testations are useless. You talk of not having had wit-
nesses: Did I not stop the trial, waiting for your wit-
nesses ? Did I not repeatedly call for them ? You did
not examine if you had them, but thought it more safe to
take your chance.—(Here his Lordship was again inter-
rtipted by the clamours from the dock.)--I have now only
to entreat of you, Sullivan and Mullowney, to prepare for
death. English. has been recommended to mercy by the
Jury, not because they had the slightest doubt of the evi-
dence against him ; but because he had shown some
feeling of humanity, and had brought back part of her
food to the wretched,wornan. His life might be. spared;
but the other's could expect no mercy.

DUBLIN SEBSIONS.

STEALING A CH/LD...-AFFECTING CASE.

The affection of Irish nurses for their foster children, as

they are termed, has been long since recorded as forming
a peculiar feature among the other peculiarities of the
natives of this country. The present case is strikingly
illustrative of this feeling.
Catherine Hannan was indicted for maliciously stealing
a child from Catherine Philips, one of the nurses employed
by the Foundling Hospital.
The circumstances that came out in evidence were as
follow :—The prisoner:. had „been engaged by the gover••
Tors hf the hospital to wet nut's* the child question,
Who was a foundling; she had had the care of it for seven
years, when it was taken from her, in July, 1825, and given
to another nurse, Catherine Philips, of Duncantown ; after
. .

the child 'had been there a short time, the prisoner and her
husband took a journey of twenty miles to see it. Some
months after this, Philips came to town with the child, to
get the wages which was due for nursing; the prisoner,
who happened to be in town .at,the time, met them in
'Thomas-atreet, and forcibly possessing herself of the child,
she made off with it, no doubt considering it. the greatest
treasure she could have:acquired. A young man who witnes-
sed the transaction knew then prisoner, and the place she was
Stopping: at; and information being given at the Found-
ling Hospital, search was made for the prisoner and 'child
at the house in Thomas-street, where the former was then
esiding. After carefully examining every part of the
house without discovering either nurse or child, the party
were about to give up the search, when they thought they
observed, through the dormant windows, something My*
ing on the roof. of the house. Search was accordingly
made there, when nurse and child were discovered, the
latter with a two-pen»y loaf in his little fist. All the wit-
nesses for the prosecution admitted the kindness and affec-
tion which the prisoner displayed towards the child.
The Learned Recorder, in charging the Jury, explained
the provisions of the Act under which the indictment was
framed; and informed them, that should they convict the
prisoner of the offence with which she was charged, the
judgment of the Court would be very light. It was quite
evident, and given' in evidence by the prosecutors them-
selves, that no malicious motive could be attributed to

the prisoner, but that she had acted from the feelings of a
kind and affectionate heart.

The Jury, after consulting for some time, returned
verdict of acquittal.

Thomas Thurtell, a brother of John Thurtell, who
murdered Mr. William Weare, at Elstree, in Hert-
fordshire, in the year 1824, was on Saturday diScharged
froni Newgate. It' will be recollected that he was ap-
prehended with John Thurtell, William Probert, and
Hunt, and was examined at Hertford and Eistree, but
there appearing no evidence to implicate him in the
horrid deed, he was discharged, and brought to Lon-
don on a charge of having ' set his 'house on fire in
Watling-street, and conspired with Snowden and others
to defraud the County tire Office of 1,6001. He was
convicted in the Court of King's Bench of the con-
spiracy, and sentenced to two years' imprisonment in
Newgate, which term expired on Saturday.
UNITED KINGDOM.—We have received, froM a
waggish correspondent, several puns on the name of
this vessel, which has come into Newhaven, from which
we take the following :—Fast Sailing.—A steam boat
left Newhaven yesterday morning, and sailed round
the United Kingdom in five minute§.—The Scots-
man.

NEW METHOD OF OBTAINING A' SUIT OE
CLOTHES.—On Sunday morning last, an unfortunate
wight, who had been indulging himself too much in
hpintuous liquors, laid himself down in the King
Park, behind Holyrood-house, and soon fell fast asleep,
A tatterdemalion Irishman' whose clothes " streamed
like a meteor to the troubled air,"
was passing at the
tittle, and espying the helpless state of the man, and
the good condition of his dress, thought such au op-
portunity (if equipping himself not to be neglected.
He very deliberatel
therefore, began to strip him of
every article of aPparel, which he as deliberately
transferred to his own person, and was marching out
of the park in a very different plight from that in which
he entered it, when some persons, who had observed
the transaction came up, made Pat surrender his
finery, and after giving him a sound drubbing, allowed
him to depart.—The Scotsman.

FRENCH PAPERS.

(From the Etoile, dated Sunday, Aug. 6.)

BITCHAREST, July Is.—Theßussian courier, who should
bring the news from - Constantinople of the 7th, has not
yet arrived:
The Turkish Commissioners to the Congress at Aker.!
mains, who passed through this city without stopping, has
been received with much solemnity at Jassy. It is said,
but without warranting the fact, that the Russian Consul,
lately arrived in that city, went out to meet them.
(From the Pilate.)
PARIS, AUG. 4.—The letters from Jassy say, that the
Russian negociators,, before,their arrival at Akarnania, had
several conferenees with , General Sabanif and General
Kischeneff, the head-quarters of the Russian army in Bes-
sarabia. The advanced posts of tins army, which were placed
towards the extreme frontier, have fallen back, and it is said
they will remain where they now are during the whole of
the negociations.

(From the Journal des Debuts.)
PARIS, Aug. s.—This morning was published the opinion
(consultation) of M. Dupin on the denunciation addressed to
the Courßoyale,by the Count de Montlosier,wi th this motto
from Livy : Numgwint tanlum malum in republieti
nec ad plures nec ad plura pertinens. This opinion is
signed by Messrs. Delacroix-Frainville, Berryer, senior,
Laird, Persil, Coffinieres, Parquin' Chignard, Daquevau-
villers, Fritot, Merilhou, Rigal, Mollot, Quenault, La-
van; Barthe, Dupin, jun., Target, Boudousquie, 'frond-
lebert, Roussel, Delangle, Vismet, Devevres, V. Lan-
juinais, Crousse, Paul Boudet, Bourgain, Conflans, Por-
talis, neveu du pair de France, Tardiff, Plougoulm, Du-
verne, D. B. Lerm, Boiteux, Tounet, Aylies, Leloup, Carre.
These signatures were collected in:eight and forty hours.
Those which came later will be given hi a supplement.—
Messrs. Berville and Renouard have given their entire
concurrence to -the answers expressed in this opinion.—
To-morrow it is our intention to present acomplete analy-
sis of it. For the present we call-attention to its con-
clusions

We are of opinion, then, that the denunciation of M.
de Montlosier, and the process to be instituted, in conse-
quence, should be chiefly concentrated on the two first
charges. Reduced to this point, viz. the carrying into ex-
ecution of the Laws against the institution of the Jesuits,
and the Congregations, the denunciation of M. de Mont-
'osier will then be an immense service rendered to the
Prince, and to the country; such a result is sufficient for
the public peace.
In the first t#o or three days after publication, more
than 5,000 copies of M. De 14Iontlosier's denunciation
were sold.

It is reported that the Cour Royale will meet next
week, with all its branches assembled, in order to decide
on the Count De Montlosier's accusation against the
Jesuits.

We perceive in the Journal, placed more particularly
indertheinfluenee of the Minister for Foreign Affairs,

the following :
" We are informed that a French garrison of .5,000
men is about to occupy the fortress of Badajoz; one of

the two Swiss regime-Tits at Madrid is to forma part of
that garrison, and it will be replaced here by two French
regiments, one of which, is to be cavalry."
This intelligence seems to confirm the report which has
been for some time spread, that the Baron De Damao
would have proposed to form a "cordon sanitaire" of
French troops on the frontiers of Spain and Portugal.
This proposition, the political and financial consequences
of which are incalculable, does not appear to have ob.
tamed the assent of the majority of the Council.

ITALY.
(From the Coastitationarn
17mEsTr,, said. that Ibrahim Paella
has returned from the interior of theXorea to the coast of
Motion. .This movement is attributed to the. went of
provision and mmouttition, or to a design of preparing
himself against the atunics of ,Lortl Cochrane.--ilugsburgh
Gazette.