The Sun.
London, England, 1810-07-18 00:00:00

—. one, alike conscientiously, though very mercifialfy,
,
---- • . performed .what they considered to be theirs.
-.....,_
In the Aindu6t of the trial, some special circtim-
,
EXTREME CRUELTY. ,
Yesterday; _Maly Wolfe, alias Boyce, a y'oune
esseinrin of very ,decent appearance, was charge'!
. . with being guilty of extreme cruelty towards her Ijuaeira, JULY I 4.—Ye,;erdiy pursuant to notice_
aGi , .
Lic-ral• \le •i ' , .
L e• 1, of the Catholics of: Ireland foci;` the •. , 1
place at theFarnsitig Repository, in Stephen's-green,
eaten Doctor Sheridan was called to the Chair.— stances had occurred. An attempt was made, on
part o the prosecution, to prove, .that (in the
idiom of duellists) this duel bad not been a fair one;
or, in the purer language of morality, that the de-
Mr. Ha), the Secretary, read the resolutions of the own child, a girl of about five years of age. ceased had' died by assassination. I felt, and most
last Gen rat assembly, and upon the motion of-Dr. . .
• Air. ItuNNINoToN, on the part of the prosecutor, 1 &sit:idly stated to the Jury, that in the• legal crimi-
)roingoole, Mr. O'Gorman proceeded
.to report the stated, that the cffence for which the prisoner stood uglify of the prisoner, this made no difference what-
measeres which had heen adopted bytheConimittee, indiaed was one, that, for the honour Of human ever. But as the prosecutors seemed to me to hwe
a ••d ended by proposing resolutions, tending to pledge nature, be Was happy to say seldom occurred : it • -failed,- utterly in their endeavour to establish this Un-
tie Cetholic body to a continued system of peti-
was a charge against a mother of cruelty to her own t• ' fairness, I considered Myself as bound, in reeapi t ulna
nutting .Parliament for redress of grievances. The
The evidence he bid to ,induce was of a ing the evidence to observe upon the failure; the
motion was op used by Mr. Keogh, and an animat-
more .• e '
nettne so shocking, according to his instructions,
'` .
re especially because, otherwise, a verdia of con-
ed debate toela place in consequence, during which thai he could scarcely credirt hem, nor could fie pre- vier ion ostensibly required on one groundaanight, in
Messrs. O'Cotmor, Clinch, and O'Connel, spoke veil' en himself(to state them, He would therefore
with considerable effeet. The question of adjourn-
me
call his witnesses, from whom the Jury would hearanother; ; and a finding which, in form, and as it
m mild the 2d of November was at length- pro-
the case. ,
posed and carried, by which timer the -opinions of were by accident, was agreeably to law, might beate
The first witness called wee Susannah Brunton, -. been, by a strange fatality, a verdia in some degree
; Cathoiics of the several counties may be aster- ,
who stated that the defendant lodged in her lit)llSe t f'e the same time. M ' ob- ret
ae-iiiist evidence, at -
ell' and the propriety of petit ;oiling determined upon. upwards of seventeen months, during which time ti'dni on this failure, 1 however accompanied (as I
In_ time interim, the former Commit tee aro to coatinue she had daily w itnessed her cruelty towards the un-
their usual functions. make it a rule to do) with a notificauen to the .furve
fortunate child.. She particularly recollected one in- that I was here stating my impression as to matters
stance : the defendant lodged indite parlours of the , • —........,........... of mere fad ; and that, as to every thing of that de-
witness's house, and the‘ witness being one day em- a • . 1 D UEL LING. sceiption, though they were entitled to time aid (Amy
eloyad in the k;tchen underneath, was alarmed by remarks, yet they were not to treat these with the
•
ought py to toy direetioes
several heavy knocks upon the floor above, the last
The following is a 'copy of a letter written some deference which they to il
bi W I i2jl broeglit down part of the cieline, and the
time sitter, from time Hon. Judge Sir William Smith, in point of law ; but were to give to them neither
Wittiest; though: she heard h succeeded by at' sort of a .
to Sir Samuel Ron-tiny. It met iforn-this latter Gen- more nor less attentioe, than the observations might
smothered en an. She immediately ran up to the 'appear to their own understandings to deserve.—ln
e. tleman with that candid and liberal treatment- and
reamer's apartments and inquired what she had been,intimating that they were bound to find the prisoner
reception which might have been expected from his
doing, tA ho answered, she had been doing nothing.
charader ; and in his." Observations on the Crimi- guilty I also enumerated cases in which they would
The witness, however, on lookicg at The child, was ,-seem ;ri be under a similar, an equal, and an irksome
nal Laws of' England," the passage adverted to be-eatremely shocked to perceive its countenance dis-obligation. I, for example, told thent— •
~ • •
totted,
.and its eye swelled very much, and again in-
low had been omitted.
(mired of ate-prisoner what she had been doing; Dublin, Feb. 14, aro. -"If a parent be insulted, or even struck, in the
presence of his son, and this latter destroy the ag-
Sir, I shall take time liberty of entering upon my
the prisoner acknowledged she had been lifting the
gressor in a duel, fought between them by delibe-
subjed, (which I trust will involve and plead my ex-
ontineunate infant up by its neck, and proceeded to
rate and regular appointment, the transaction will be
Fuse for this -intrusion) when I have premised my siiew the witness in what manner, till the child
murder.—lt an officer, at the head of his regiment,
just reveal for you; and nsy cordial arid habitual again became black in the face. The witness re- .
be called a coward; and in consequence of this, deli-
reverence for the privileges of Parliament ; and con-
monstrated with the prisoner on her d - condu, which
berately challenge, and kill the Offender. in a dud,
sequent ly of that integral pact of .it, the House of ,
she told her would sooner or later terminate fatally
'Commoes. Indeed it is, in no small degree, by ,fi he is, a murderer by law.-11 a husband find his
to herself and the child too; the child was frequent- .
these sentiments of due respea, and by abese prin- wife in the embraces of another, and kill him, un •
ly sent- to seheol without having any thing timing
errned and unresisting, on time spot, this is man-
ciples of constitutional veneration, that I am iuduc-
given to it to eat, and on, those and office occasions
slaughter of the 'rawest and most venial kind ; but
ed to give you the trouble of this address. In a •
the witness used to 'feed it.
if,
.giving the adulterer further time for preparation,
Daily Paper of. the t Oth of the present month which . ,
• Mary Lechard said, time prisoner lodged veith
a
has lust reached me, I find the fellowing passage fairer chance for life, lie puts arms in his hands,
her -atom November last, till the time shed was -
and meeting him. by appointment, happens to kill
to occur, in what professes to be the report -of an
apprehended in May. She had seen many instances
:
et e anton cruelty on the part of this unnatural pa-
him in a duel, the offence, altering its character,eloquent and humane speech of yours
rent towards' her unfortunate infant; ace in parti-
" The Hon. and Learned Gentleman stated an- • -becomes deliberate, and is aggravated to a
.murderai
.
Whether. the above observations were favourable
other case, 'of a duellist, who was acquitted in . con-cular, in January last, during a very severe frost, the
to the,prisoner, might be fairly Made a question ; for
sequence of time direction of a Learned Judge; and ;
witness was disturbed early une morning by a noise
if each of the enumerated cases was a murder, it
't
in the yard, and on looking out of the window, per- also that of an officer, who, seeing the-case report- -
might be asked, was not the homicide committed by
e i
ceived the prisoner plunging the child into a larged in the Paper, and having had the misfortune to
!mini, r 1 fortiori, one ? The obje&, however, of my
kill a brother officer in a duel, conceived that he might i
stone cistern, and every time she took the child our
1 enumeration, was equally warranted' and obvioias..
expect an acquittal. He went over to Ireland, sur-its back rubbed aaainstehe side of the cistern, by•t
which the flesh was lacerated. Upon the witness rendered himself for trial, was tried, found guilty of llt involved a caution to the Jury, against referring
calling to her, the prisoner desisted. The witness murder, and his Majesty's Ministers thought them.. I to their own ideas of comparative moral guilt ; or
-
,
selves justified in ordering him to be executed ; and founding on any special criminality of the prisoner a.
.soain after went up to the prisoner's apartment to see
executed he was accordingly. He.mentioned these conviaion which) on the contrary, if had at all,ought
how the child was, and discovered it in a most dread-
to be soundly bottomed in those atria principles of
cases to shew the necessity of apportioning a de-
ful condition. She perceived several marks of blood
oe fi
time floor of the room, which she conjectured nitive punishment for crimes, and not leaving it '' law, which .would equally demand (and justify) a
l -
. -
in time breast of any Judge to cry into effea, or ; findieg guilty, in the cases of the officer, the hus-
proceeded from- a large wound in time child's head;
I band, and the child.—But suppose the abo.ve eau--
remit the punishment inflieted by law."
the skin also was rubbed from its arms, and both
Sir, beg to protest against being supposed to ' meration and it:marks to have siaas of tliz. face were much bruised, as if by blows I . been eminently fa-
assert what I cannot know, viz. that the words 1 vourabie to time case of the prisoner at the bar, will
-1 roni some hard substance. Site had sometimes seen
given in the Newspaper are truly ascribed to you.— any lawyer venture to deny that every position in
the Prisoner, when the child was at work, strike her
I the above extrad from my charge is undoubted law?
Secondly, I cannot with certainly affirm that who-
ao hi to force the needle a considerable depth into
leer fingers. 1.4 ever uttered those expressions, wherever he may Will any man (professional or not professional), al-
The Beadle of the parish of St:Botolph described
have used them, -(if ever they were spoken); ad- 4 lege, that a Crown Judge bound to remember
mercy, in administering justice, is to refrain from
vetted to me,. or to any trial had before me; and
the situation in which the child was, when deserted
thirdly, and 'especially, even if I were to admit the • stating 'what is unquestionably law, because the
by its mother-in May last.
suppOsition that they were spoken by you, Sir, I 1, statement may have a favourable operation on the
INlr.'Hurlock,,a Surgeon, who was sent for to the
yet would not be understood to complain 'of them,
child by the last witness, stated, that When he saw prisoner's case ? 'And was I not the more called on
to seek out every legal observation, in aid of one,
or-to risk violating, however indirectly, the respect the child immediately after the prisoner deaerted it,
due to the House of Commons, much less to hazard whose crime it bad been endeavoured, without suc-
hwas exceedingly emaciated, there were several
cess, to distinguish from the, alas ! too ordinary case
the infringing those valuable and inherent privileges,
:narks of violence perceptible on different parts of
of 'homicide, in a duel, in rd
to enhance the tur-
which form part of -that Constitution,' on which any
its body, and r one of its toes --appeared to- have been
pitude of his Offence, and induce- the Jury (confound.
own best rights and liberties, depend. In whatever '
crushed to pieces : it was altogether the most deplor-
ing moral with legal culpability), to ground their
I may write* then; I beg distinctly to, be understood
able obje& he had ever seen.
verdict not on the guilt which was ascertained, but
—as treatinganot of any thing that may be said in
. The prisoner in het defence denied having been
on an alleged aggravatiqu, which had not been prey-
Parliament, but merely of a paragraph which has
guilty of any acts of cruelty towards the child. She
ed ? Howl jealously solicitous' even in civil cases,
appeared in the public prints. Again, I venture to
declared she had not deserted her, but. lost her, and ,
Courts of Justice are, that every yerdiat shall stand
surmise that time paragraph in question may have
had used every means in her power to discover where
o applied to me ; because a person of the name of on a legitimate foundation, appears from the prattice
she was without effect, and at the time she was taken
of granting a new trial, wherever' inadmissible evi-
---, charged with murder, committed in a duel,
into custody, she was going to a printer-to have some -
dence has been received ; even though, independent-
was acquitted before me at --,in the springof the
- bills printed, offering a reward, to discover where she
ly of such illegal proof, abundant matter to justify
year —; and -a person who had killed a brother
was. The Jury without hesitation found her guilty.
the verdict may be found. On what principle does
officer in a duel, afterwards " came over to Ireland ;
The Chairman, in pronouncing sentence observ- -.
thiS usage rest ? On this ; that- though the verdict
surrendered himself to justice; and being tried for
ed, that it was 'impossible for words to convey an '
the offence, was convicted add executed ____...,, seem conforanable to justice, non censtat that •. ie has
adequate idea of the abhorrence in which the offence -
not been by accident that it is so :esanon,cteqatahat
Assuming therefore that I am the Judge, before of the prisoner must be held by every one whO had
the Jury did not build it on that part of -The evidence,
whom that verdict of acquittal was had, which the
beard time evidence; the Court had only, to regret -
which ought not to have been received. But thauga,
' Newspaper represents to have been given under my
it. was not in its power to inflict a punishment ade- '
in the case of —, no such special circumstance as
direction, I proceed distinctly to state, for your in-
qiiate to the offence of which she had been found -
I have mentioned had existed to justify the line of,
formation, that the Editor of that paper has errone-
guilty. That the pillory should form part of her -
charge which I have described, still I hold, that so
'
punishment the Court -felt would be but doing her onsly fallen into a strong misrepresentation of what '
long as a Juite repeats the evidence faithfully, ,and
occurred before me. When he stated that "a '
justice, but they were fearful, of infliaing it, lest
states the law correctly, if it be not his bounden
duellist was acquitted, in consequence of the direc-
the civil power should not be able to hold the per
duty, it is anleast his undonbted ,right, to make in
Lion of a Learned Judge," I cannot conceive him to
palace in awe, and she should fall a vidiro to the .
favour of the prisoner (especially in filvorem vitce)
have meant any thing but this :—either that the just indignation elicited by such crimes as her's.
every lenient observation, which, compatibly with
Judge charged that thee offence was not a minder ; .
Under these circumstances, therefore, the sentence
such true recapitulation and sound statement,
or else, that he told' time Jury that the witnesses were -
of the Court was, that she should be imprisoned in '
he can recblleet _and urge, as arising ftom, or
not. to be believed.--It either was his meaning; he
the House 91 Correetion for two years, and at the
fairly bearing on the case.—But to recur to
has, (unintentionally I ion persuaded), misrepre-
expiretion. of that .time find securities. fur her good
I my Original assertion; viz. that I informed the
sented me ; fir my charge on the contrary, essert-
behaviour for two years more, herself in tool. and.
1 Jury that the case prqved, in point of fad, was an . ed most disfinally, first, that the offence was rmir-
two sureties in 501. each.
point of law, a- murder. In every passage of this
i
The prisoner is a young woman appareqtly under: der; and secendly, that the evidence was to be be-
letter which I marked with inverted - cominasa I
lievecl. For the .first of these assertions I need not 30 years of age, and was dressed remarkably neat;
would be, understood as giving, not merely- the sub=
any legal man, make an apology. To those who -
She heard the teas stated by the witnesses, and the
stance of what I said, but the expressions which I
, know and love - the Constitution, the second may
arguineLts of the Counsel with apparent unconcern, .
used:
seem to require some explanation. To these it may
tior did the add;e3S of the Chairman, or sentence of
However fair the duel, the homicide ensuing on
\ and must appear, that with the credit of the wit-
the Court appear in the least to ailed her.
it is a murder." Again, "If homicide ensue on a
nesses the Judge has nothing to do ; for that, ad . . .
;inn Ring was indiaed for stealing a frock and -- • duel, I meeting with deadly
deliberate between mrties
questionem Pau respondent juratores.'' Accord(pg-
peiticoat flora the person of Ann Beadle, the weapons; by appointment, such ho,ilicide, will be
ly, I will presume to doubt whether another Judge daughter of the Prosecutrix, a child about six yearsmurder, and expose the slayer to the heaviest peinala
is to be found, less disposed Or not than I a m, to
of age. The faa of the prisoner stripping theties of tile law."---Again, " That the prisoner,
encroach, however slightly, on the province of a child was proved; but the prosecutrix not a '—, has been guilty of murder, appears, la% sorry
Pa Jury; and my - a full one), for • petting to claim her property, the prisoner was to say, upon his own evidence; 'and no special -cir-
having observed upon time proofs in the case before acquitted. -
us, is—that with regard to the facts, of Ist, a duel cumstances can- enhance or aggravate his crime to
• The Chairman ordereci the prosecutrix's recothing more." Ar•in• " in attempt • • been
a, e place,adia , a hoinicide having any 6a , .t has
g- having taken'and ' ,
nizances to be forfeited, and regretted that the pri-made to distinguish the present from. an ordinary
ensued upon. this duel, there was no contrariet • of j, aoner•atiould'have escaped through time prosecuiri
,evidence whatsoever. The prisoner's witnesses gave, duel case, but time 'prosecutors have' more than
negligence; and assured her, had she been convicted, failed to prove time prisoner an assassin. But again,
, in this reaped, the same testimony with that which site would have beeneransported.
"It might be doubted, whether such proof woUld
had already been adduced on time part of the pro-
Thomas Smith, for stealing a quantity of hem not have been superfluous, if made; for that the
p ; seceution. Titus, in a case in which the Editor era
and Thomas Williams and Charles- Taylor, for prisoner —, has been guilty of murder, appears, I
roneoualy represents the ctalprit as having been ac-
stealing some lead from a dwelling-house, were am ,sorry to say, upon his owe defence, &c. &c."
quitted by direttion of the Judge ; on the cOnteary,•
sentenced to be transported for seven'yeats. (cited as above.) 1, the Judge, disthadly told the Jury, that the hotni-
In another place, still referring to the attempts
.Fide is clearly proved ; and that hi point of law,such
made by the pjosecutors to skew that this was 110 t
a homicide was murder. - I discharged. my duty to
the best of my skill and judgment; and [gut per- what duettists a fair duel,, but a kind of assassi-
:
suaded that the Jury, which was a most respectable 'nation, J. used the following words

RO.M;IN CATHOLICS OP IRELAAD:

SURELY SESSIOAS.

.I,ikl.

IJlbb, the grave-digger, who was co.nviaed at the
Westminster Sessions, of stoaling a dead body, has
been sentenced to three months imprisonment.