The Sun.
London, England, 1828-08-05 00:00:00

IRISH ASSIZES.

WATERFORD, JULY 31.

The Court was opened this day at ten o'clock. The
prisoners John Marks, John Ryan, and Nicholas Con-
don, were then placed at the bar.
As soon as the indictment was read, charging the pri-
soners with having on the 3d of last June, feloniously as-
saulted Margaret Burke, and robbed her, the prosecutrix,
a low-sized, mild, healthy looking girl, about twenty years
c,f age, came on the table. She deposed, that she remem-
bered last June; that she lived in Carrick; that she was
servant to Alice Power there ; that she came into Water-
ford on the above day ; that she knew one M'Grath's pub-
lic-house; that she went to it on that evening, accompanied
by Eleanor Ryan ; others besides themselves were in the
house at the time; did not then know their names; she
knew those who attacked her on that night, particularly
Marks—(the witness turned round here and identified
him). She left M‘Grath's in about an hour ; returned to
it again ; met prisoners there that time; she returned
the second time to the house, because they attacked
her; the three prisoners all left the house together;
Eleanor Ryan was taken away by Ryan and Condon,
and she (witness) was struck by Marks on the head ;
she was knocked down by the blow; he raised up her
clothes ; she resisted him, when he struck her again ; it
was against her will he acted; the other two came up
shortly after, and while Marks was effecting his purpose,
they stripped her of her cap, cloak, shawl, shoes, and
stockings, and 103. in money. She was stretched on the
ground when Ryan and Condon returned ; the clothes
were taken against her will ; those two said to Marks,
" Make haste and he off." They made no attempt upon
witness—they were afraid to stop. Marks was half an
hour with her thus; it occurred in an entry in the neigh-
bourhood of the Cross; she was dragged into it forcibly by
Marks; this was between eleven and twelve o'clock ; they
(prisoners) all went away together; she then went down
the entry, and met with a stair-way; went up and rapped
at a door, but was not let in ; she staid thus in the lobby
till morning; went a few doors off, to a woman named
Prendergast ; she did not know her ; waited there till she
saw some one coming out; saw Mrs. Prendergast; told
her how she was robbed and ill-used ; Prendergast brought
her in, and kindled a fire to warm her; saw the state she
was in.

Mrs. Prendergast deposed as to the state she found the
prosecutrix in the morning at her door, and that she (pro-
secutrix) told her how she was ill-used,
The case closed here, and his Lordship addressed the
Jury, in a recapitulation of the evidence, upon which he
commented as he went along. After some observations,
the Jury retired for about twenty minutes, and returned a
verdict of Guilty against Marks for the act,' and of aiding
and abetting against Condon and Rvan. The prisoners
were then ordered to be removed, and were to be brought
up next day (yesterday) for judgment.

THE DUNE OF DEVONSHIRE V. RICHARD SMITH, ESQ.

Mr. LA NC LI opened the pleadings. The declarations
were voluminous, and contained several counts. Sepa-
rated from their legal parlance, they reduced themselves
within the compass of damage done to the noble plaintiff,
by weirs constructed on the river Blackwater, by the de-
fendant, contrary to the terms of the lease under which he
held his lands and tenements. There were two actions, one
of trespass, and one on the case, but both merging in each
other, and merely instituted to try the same facts ander a
different form.

The defendant pleaded the general issue.
After a long but uninteresting trial, in which abundance
of evidence wag produced on both sides,
The LEARNED JUDGE observed, that there were several
points of law requiring the decision of a superior tribunal,
and suggested the propriety of obtaining a special verdict,
or allowing him to direct the Jury, and a bill of exceptions
to be taken.

The latter course was adopted ; and after the Jury had
retired, Mr. BlacLburne tendered his bill of exceptions,
and they shortly after returned with a verdict for the noble
plaintiff-6d. damages, and 6d. costs.