The Sun.
London, England, 1826-08-01 00:00:00

ASSIZE INTELLIGENCE.

(From the Dublin Evening Post.)
GALWAY, has 2/.
There is nothing spoken of here but the proee4dings
which are to take place to-morrow,, and their probable re-
stilt. The Nobility end Gentry, of the surrounding
country are to be seen perambulating the square in front
of the Court-house, and seem extremely anxious for the
arrival of the Judge who is to open the Aesizes, which
are expected to be the most important ever held in
this.town.

The common people seem quite ineenled against Mr.
Lambert's party, whom they hope to , see punished for
firing on an unarmed, awl (as they say) onoffending multi-
tude—and as a rumour has gone abroad that Mr. O'Con-
nel has refused to act on the part of the traOtters, they
are quite delighted, for they Imagine When his assistance
cannot be obtained, that their wishee will be granted. ' On
theother hand, the httter sort of people Would wish it to
be compromised, and it is said that overtures of this kind
have been made. I know not by which party. They
even talk of the amount. But this is a delicate point—so
I shall say no more about it.
There are different reports circulating, relative to a post
ponement of the trial till Saturday : a motion is to be
made to-marrow, in order to have it tried in the county,
on the 'ground of public feeling in the town, • being too
strong against the traversers ; but it is supposed that
this motion will not be grunted, and that the trial will go
On to-morrow.

CARRICKEERGUS.
Liiir CASE....BEFORE BARON M'CLZLLAND.

Francis D. Finlay was indicted for publishing, in The
Northern Whig, a libel, tending to bring into dihrepute
the character of Nicholas Delacberols Crotnmelitt,
Mr. Staples, K. C. stated, the extent and nature of
the attack, which had been made on the character of Mr,
Cronimelin.

Mr. Scriven, in defence, observed, that he did expect
some proof would have been brought forward, to establish
what Flr. Staples had asserted, that the character of 'Mr;
Crommelin had suffered by the publication which gave
hire so much offence. But no such thing was ever at-
tempted. The Jury would,of course, pay proper attention
to the opinion which might be offered in this case, by the
learned Judge; but they would also bear in mind, that they
are the judges of the law and the fact, mid shone are com-
petent to decide. By this he did not mean to take the
jury out of the hands of the Court. During his long prac-
tice at the bar, no man had ever paid more respect to the
prerogatives of the Bench, thin he had done; but be
would not be dealing fairly 'oy his client, and by the jury,
did he not distinctly la,' 'down the principle, that the first
consideration for the jury was, whether this publication be
a libel or not ; 'sand you, gentlemen," said he, "are solely
the legitimate and constitutional judges of that fact." Af-
ter a long and powerful speech from Mr. Scriven,
The .Tudge proceeded to charge the Jury.
A trial for libel, said 'his Lordship, is rather an un-
'common circumstance on this circuit. It appears that the
libel with which the prisoner is charged, was published in
a Paper called The Northern Whig, and related to Mr.
N. D. Crommelin. lii deciding in this matter, the Jury
must be satisfied of three things-Ist, That the prisoner
published the libel : 2d, That it was of and concerning Mr.
Crommelin : and, 3d, Whether the publication be a libel
or not. Mr. Scriven has very properly stated, that that
question is left in, 'your hands. A Jury is entitled to exer-
cise its ittilgment in deciding of the fact; whilst it. is the
provitrze of the Court to explain, the law. The
Jury would judge whether Mr. Crommelin, in the
I.ihel now before them, was not held up to eon-
tempt and ridicule. Mr. Striven had said, that pro-
perty might be much injured by a libel ; but did it not
moth more powerfully affect u tnan's character? Property
lost might be regained ; but when character is taken
away, it can seldom or ever be recovered. Apply the
case to yourselves,' Gentlemen, and see how any of you
would like to' have your charucter traduced, and your
private transactions dragged into the columns of a news-
paper. His Lordship then proceeded to read the. letter
of "A Small Farmer," sentence by sentence. His Lord-
ship read, and commented as he proceeded, 'till he arrived
at that part where it states that the farmers " have never
yet been settled With." Is there one of you, Gentlenien,
svhci can look on this, without pain ? Is it no injurious
imputation to say, that a man refuses to pay his debts—
that he litigates for the purpose of oppression ? If
it be not a libel, I know not what libel means.--Mr.
Scriven has endeavoured •to expound it otherwise ;
and has alluded to something about the litigation of
law ; but you and I, gentlemen, have a different
duty to perform. I have been sending wretched.
men abroad, who have not been guilty of half the moral
crime, which that man is who drags the private characters;
-of men before the public gaze, and holds them up to con-
tempt and - ritlitule.—Muring the delivery of all the pre-,'
ceding part of the Address, his Lordship betrayed great:
warmth; but at this part, and, in the few closing words,
he displayed considerable energy, both in the delivery of
the words, and in the' quantity of action he employed.)--
• I have no doubt, gentlemen, but it is a foul and malicious,
libel; and I call upon you to place upon it the irreparable
stamp of libel. If you do not, then let the Press ;Week
every one against whom it may have a spleen ; and let the.
Editors' of the newspapers have their full swing.—{His,
Lordahip laid himself back, aithe conclusion of the charge,
• apparently exhausted by the great exertion he' laboured
under, during its delivery.] '
The Jury now collected in their box, to consider theie
verdict. In. a few minutes Mr. James Campbell, the fore.;
man, approached the bench, and inquired from his Lord-
ship, whether if the Jury were satisfied of the truth of
the statements made in the letter of "A Small Farmer,"
it would make any difference in their decision F 1-14
Lordship replied, "you are not allowed to judge whether
the statements were true or false. If
.they were as true
as the Gospel, still it is a libel before this Court." The ex-
• foreman also called his Lordship's attention to the apology
in the subsequent paper. You have nothing to do with
the apology," said his Lordship, " that is a matter for
the Court. An apology is the same, as if a man stole
cow, and, at thedistanee of two or three days, when he
thought better of it, tame back' and restored her to the
owner." The Jury almost immediately after this, returned
verdict of Guilty.
His Lordship then sentenced Mr. Finlay to be impri-
moned in the County Gaol for three Calendar Months.

TRALF.E, JULY 26.

Patrick Clifford, a youn man aipar
entlY about twenty-
three years of age, was indicted for committing an assault
on the person of Mary Teehan, in the neighbourhood of
the town of Killarney, on the night of the 6th Jan. last
Ahoy Teehan, the prosecutrix, examined by Mr. King,
,stated that myth° day in the indictment witness was ill
the town of Killarney with her father ; they remained in
the town until nightfall. Her father went into some slum
and witness having remained in the street, missed him.
She soon after met the prisoner; he was a neighbour in
whom she had confidence, and she told him what had hap-
pened. The prisoner said that her father had gone on the
road, and he prevailed on witness to accompany
which she did, expecting to overtake her father. She wits
not in dread, because she looked upon the prisoner to be
her friend. When they came to certain part of the road,
the prisoner seized upon her, and assaulted ,her.--Illere
the witness described minutely the nature and particulars
of the offence stated in the indictmentio—Witness, bet*
the prisoner had his will, mule every opposition in her
power. .'llie'prisoner ill-treated her, knocked her down;
he struck her .nt the face, which was much bruised and
swollen. He bit her severely in the arm. Witness, after
the prisoner had left her, made the best of her way to her
father's house. She was ill,for a considerable time after.
John Cronin Esq., examined by Mr. King—Witnesttis
a Magistrate dates county of 'Kerry.' Ire recollects the
last witness having come before him to swear informations
against the prisoner at the bar. He recollects the state of

her person at the time she eanit before him. Her face
was bruised; her eye was blood-shot, her countenance in
other resiveets was disfigured; her arm was severely bitten,
and a large piece of flesh appeared to have been taken out
of her arm.

Mary Teehan, mother to the prosecutrix; examined.—
Witness recollects the night that her daughter was
used. Witness was in bed when her daughter came home.
She does not know at what time exactly the daughter did
come home. She saw her dahter the next morning,
which.was Sunday. She founder in a very bad state.
Witness was shocked. Slie hardly was able to look on
the face of her ohild, it was so disfigured. She could not
see her qe, and she cried out " where is your eye ? what
took it out of you ?!"rhe eye was completely shut up.
It was black and bloody, when witness cried out, where is
you eye ? the prosecutrix answered, " Mother, my eye is
in my head."--(A laitiel.)—Witness could not see it, the
face was so swollen. The prosecutrix was cut in different
parts of the face. When witness requeited of her to tell
hoer what was the matter with her, she stated how the pri-
soner had betrayed, and beat and abused her. She stated
that he dragged her by the hair of the head.
The ease having dosed,
The Learned Judge told the Jury that if they believed
that the crime of which the prisoner had been accused
was perpetrated, it was unquestionably a case for their se-
rious consideration. Accusations like the present were
easily made. They were difficult to disprove. The pri-
soner and the prosecutrix were both unmarried. Charges
of this description were sometimes made by females in
the hope of obtaining a match. lie thought it right to
throw out that general observation, and it '
would be for
the Jury to say whether, under all the circumstances, the
present case was open to any suspicion of that kind. The
Learned Judge next proceeded at some length toobserve
on the evidence.

The Jury retired for a few minutes, and returned a ver-
dict of Guilty.
Baron Pennefuther immediately pronounced the awful
sentence of the law. The Jury, after hearing the evi-
dence, did not hesitate to find the prisoner guilty of a
crime, to which the law awarded the punishment of death.
In that verdict he concurred. He entreated the prisoner
to be prepared for that severe punishment.
Prisoner.---My Lord, I hope you will give me a long
dttx _

'he Judge.—You shall have time to prepare your soul
for eternity; but do not persuade Tourself that you can
escape that death which your crime deserves. The
Learned Baron concluded by pronouncing iientence of
Death.