The Sun.
London, England, 1827-04-14 00:00:00

CROWN SIDE.

Henry Lanzbourn, James Sweet, and fame: Ma-
jor:.Vere indicted for breSking into the dwelling-
house of Robert Tindal, Esq. (the father of the So-
licitor-General), at Taunton, and stealing therefrom
a variety of wearing apparel, of the value of about
1001, Mig_ first named of the. prisoners had been a
!set itiiridt 'but err

him he had taken him into his house a second time
after he had been found guilty of a robbery.
Mr. MOODY stated the case at considerable length,
and called

Robert Tindal, Esq.—l live at No. 6, in the Cres-
cent, Taunton. There are gardens at the back of
the houses, and behind them there is a lane into
which the gardens open. The lane is only for the
houses. Qkri the 9th of August last, I left my house
in the Crescent to go to Lytne. I left it with a view
of returningin itlew. weeks. I left it furnished: I
did not leave any servant. in. the house to sleep, not
thinking it necessary.. I delivered the key and the
care of the house to Mrs. Bayly. I left all the things
in my house -as though I were at home.' The ward-
robes were locked. The key of the cellar I left un-
der the sideboard. The place was particularly well
known to Lambourn, who frequently assisted me in
packing up wine in the cellar. Lambourn had left
my service about two months. Before he left me,
he slept in the back kitchen, which looks into a space
behind the garden. On Friday, the 18th of August,
I heard of the robbery, at Lyme, and came on the
Saturday following to. Taunton. I fouled a •consider-
able quantity of property . of various. kinds, missing.
The wardrobes and drawers were broken open. The
articles were missing from different rooms. I believe
the whole property missing was worth 1001.

Wm. Buncombe.—l knew Lambourn and Sweet.
I saw them together in Shuttem, near the Crescent;
it was ten o'clock at night on ihe Tuesday; there
were two others with them, Read and Falconer.
Lambourn came and asked me to go with him. The
others were not within hearing; he said •if I would
go down with him a little behini the Crescent,f he
would give me plenty to drink. I stood there and
saw them go down the Crescent, and turn into the
opening; it was bright moon-light.
Sarah Hole saw two of the prisoners, Sweet and
LaMbourn, as she was going to Bridgewater, a little
out of Taunton, at about five in the morning;
Sweet had a bag, Lambouni a bundle ; they asked
to ride in a cart, and were refused.

Samuel Mountshire, slopseller, of Bridgewater,
proved that Sweet came to his shop on Thursday,
the 17th of August, about 11 o'clock, and offered
some clothes to sell; it was a coat,smallclothes, two
old waistcoats, and a pair of trousers. He had no-
thing with him but a white bag; nobody else
was with him. Witness asked him where he
brought the clothes from. He said, from Taunton ;
that a respectable shoemaker, who was his brother
at Taunton, gave him the clothes to help him up the
country, as he had got work at Salisbury. He
asked 30s. for the lot. Witness bought them for
2.55. He paid 2s. 6d., and told Mm to come at nine
in the evening for the difference; he came in the
afternoon, saying he wanted to go off by the coach ;
he came again at nine; witness paid him, and gave
the clothes next day to constables.

Mr. tong, constable, !aid, that he took up the
prisoner Lambourn; he. asked, Lambourn where he
was the last night; he .said in Bristol; I told him
he must have come home pretty quick; he said they
came home all night ; he afterwards apprehended
Sweet ; they were tocrether ; he said he had .bean
over to Bridgewater yesterday, and slept at a house
in Petherton, with a bow-window in it. (Witness
produced, clothes and a silver eaator-top.)

. ,
Mr. MOODY called another constable to produce
another parcel of clothes which he had in his custody.
Mr. Justice PARK—Why another witness? These
clothes have been evidently divided for the purpose
of getting both these constables paid. It is abomi-
nable thus to increase wantonly the county expellees,
already so heavy. I have seen this same trick often
played at the Old Bailey. I will not allow expellees
in such cases. I do not like this system at all, tbus
to subject the county to enormous expenses for
costs. No power on earth shall convince me of the
propriety of such conduct. I will set my face against
this system.
The attorney, Mr. Pinkard, said, the witness
would prove other facts.
Mr. Long, another constable, produced some
clothes. He took Major iuto custody on the 20th;

in a few days afterwards he 'was discharged. in
November, he apprehended Major again, at Dunster,
22 miles from Taunton. He was-then in the custody
of a constable, of the name of Nicholls, who pro-
duced some property, which he gave to witness in
the presence of Major, saying, Major had desired him
to keep it for him. (Produced a pair of boots.)
The boots were taken by him from off Major's legs.
Henry Nicholls, labourer, at Dunster, knew
Major. He said his name was Major, Homer,
and Townsend; sometimes called himself one,
and sometimes the other. He was taken up on
the Ist of November. He delivered to him a piece
of silk and a pair of black stockings. He told wit-
ness to keep them forwhim till he was liberated.
-Witness afterwards gave those things to Long: he
first offered them to Major, who said he would not
have them. Witness saw him at Timbercomb sell
a piece of silk to Rachael Wood. The brother of
Sweet was not the shoemaker in North-street.

• Rachael Wood bought a yard of silk of Major;
she gave it to a constable, John Lovell.
Mr. Tindal recalled—He identified the property
as that which had been left in his house when he
went to Lyme' and which was missing on his return.
Mrs: Tindal identified the silks as her own.
The JUDGE summed up the case at great length,
and the
.juryfound all the prisoners Guilty.
•j
. .

The JUDGE said he would take time to consider
what should be done with the prisoners. Their case
was a very bad one ; Lambourn and Major having
been previously convicted of similar offences.

STABBING, UNDEIL LORD ELLINNOROGGN'S ACT.

.1. Bennett was capitally indicted for cutting and
maiming John Baker, near Ilminster, with the intent
to do him some grievous bodily harm, or to murder
him.

•The Jury found the prisoner Guilty of stabbing
with the intent to do a grievous bodily injury.
Mr. Justice PARK ordered judgment of death to
be recorded against the prisoner, at the same time
intimating that ,heshould recommend him to mercy.

GLOTJUSTER, WEDNESDAY, APRIL 11.
CIVIL SIDE.
PEGLER Y. COLSTON.

Mr. CAMPBELL—This was an action for a mali-
cious prosecution. The declaration stated, that the
plaintiff was maliciously arrested on a charge of riot
and.assault upon the defendant, and indicted with-
out probable minim at the Sessions, where he was
tried and acquitted.
Mr. TALlNTQN—The.plaintiff, Henry Pegler, is a
weaver.. In the summer of 1825 there were very
serious disturbances in the clothing districts, in con-
sequence of differences between the masters and the
weavers; and some of the weavers entertained some
grudge against the defendant, John Colston, and
violence was committed on his person. He was laid
hold of,by some, persons, forcibly dragged to . a
pond, and ducked. After the first immersion, he
saw a marl named Reuben, and said "Reuben, lay
hold of my
,head." This Reuben did, but with no
view of helping bim, for he drew him up, and then
violently pushed him again into the meter. Reuben
is a tall robust fresh-coloured man, not in the least
resembling the plaintiff,. who is a pale and little man,
and had nothing to do with the outrage. Indeed,
for a long time afterwards, the: plaintiff and defend-
ant lived as intimate friends, until a dispute arose
between them, and then -Colston spread a report
that Pegler wad the man that helped to duck him.—
This report. was extremely prejudicial to the plaintiff,
and the inevitable consequence would have been
to have; thrown him out of bread. The plaintiff
applied to an attorney, who, in July, 1825, wrote to
the defendant, threatening him with an action for the
charge of which he was entirely innocent. Not until
this letter did the, defendant. entertain any idea of
prosecuting the plaintiff, but on receiving it he came
te.Pegler, called him "a blackguard," and said
he would have him in gaol before .Monday night.
The defendant, in pursuance:' of this threat, went
before a Magistrate, laid an Information and ob-
tained a warrant against the plaintiff, who was ap-
prehended, carried to Stroud, and committed the next
day to gaol, where he remained three days until
Isailed.c.,l4dp. defendant. preferred his indictment,
and when it came on, the jury were perfectly :satis-
fied of the plaintiff's innocence. His expenses were
between 20/. and 30/., but that was the least con-
sideratfori. 'He'had beep lodged in a common gaol
for several days, and hie character and feelings much
hurt.—Verdict for 'the plaintiff—Damages 26/.

THURSDAY, Aran. 12.
arolypt BALL, BY HIS wzrr FRIEND V. Wlll/1 Awn OTHIRS.
Mr. HoRACE Twigs opened the pleadings. This
is an action for assault, battery, and false imprison-
ment. The defendant has pleaded the general issue.
Mr. CAMPBELL stated the case.

E
leirFfareixeattm;inßeadl—lislmy am
18;
I am a servant to
former
fellow-servant ; we know
the four defendants; our master ordered us to go on
the 10th of December and shoot at the rooks, and
drive them off his land ;, we did so, and took with
us a gun and some powder and shot; after a bit we
went to Warren's barn, and going along we saw a
hare caught by a wire ; it was near the stone wall ;
we took it up, and were going to master's house
with it. Walter came running up, took hold of me
by the collar, and
_said, " your blood, you are
just the fellow I want;" old Webb jumped over the
wall, and twice struck me with a stick, and Walter
said he would kill me,; the plaintiffran away;
al-
ter ran after him. Webb took me to the turnpike-
road, and shortly after Wards "Walter came to us with
the plaintiff; young Webb and Hobbs then came
'up; they all took us to the public-house on the
road, and made us go up-stairs into a room, where
they put hand-bolts upon us, and locked us in ;
there were twaheds in the room; they took off the
hand-bolts that we might put off our clothes, and
they put them on us again when we were undressed ;
we both lay down. together as well as.we.could ; we'
did not sleep hardly any ; we could not turn or get
up without moving together; Walter took the hand-
cuffs off at eight o'clock next morning,.and we had
breakfast. Walter said we must go before the ma-
gistrate, and Webb and 'Walter took us to Wickwar,
seven or eight miles off; they rode on horseback,
we walked, handcuffed. At Wickwar, Webb went
into the house of Mr. Jones, the magistrate ; we
waited in the open air in the yard about two hours.
When we came before Mr. Jones he asked us what
we had to say for ourselves ? I said, "We saiv
hare and picked it up; and thought no harm of it."
Mr. Jones said, " You do not know a hare from a
jackass." I said, " Walter held tne whilst Webb
struck. me, and Walter said he would kill me ;" and
I told hirni, would take my oath of it. Mr. Jones
said, " You are worth ten dead men." He com-
mitted us to Horscley prison for six months, having
written something on a paper, which, being no
.scholar, I could not read; Walter and Webb took
us to the prison, where we remained six weeks.
Verdict, for the plaintiff.-,—Damages, 51.
Fair, By HIS NEST MEND, AGAINST WEBB AND OTHERS.

In this action, where Ball was to have been the
witness, a similar verdict for .5/. was taken by consent.

LAWFOAD V. 1101SRAGON.
This action was tried yesterday as an undefended
cause ; but upon an affidavit of merits, the verdict
was by consent set aside, and the cause was again
tried.

' Mr. MAXLE.—This action was brought upon a
bill of exchange, dated the Ist of October last, for
152/. 10s., drawn by Mr. Peter Moore, at two months
date, upon, and accepted by, the defendant, and en-
dorsed by Mr. Moore to the plaintiff.
Mr. Verbeke proved the handwriting of Mr.
Moore.
Verdict for the plainti ff. —155/. 125., principal and
interest.

One morning last week, after the Burial Ser-
vicein St.
saw the coffin move, and no
yeauders fancied they
Yanalica
Church-yard,
hbuereenh
-ryeaardd overßr
itthtoei rtahvee
grace-digger
la(1y,
Arid
some of
time Nras boat in communicating the circumstances to the
clergyman, who
.desired that the corpse might be disinter-
red,the b
and Immechately sent for some medical gentlemen to
examine the body, but who unhesitatingly declared there
could be no symptoms of life. It is supposed that, the bot-
tom of the grave was uneven, and therefore the earth, when
thrown upon the coffin, was the cause of the motion.

TIPPERARY COUNTY ASSIZES.

(From the Tipperary Free Press.)
PARTY QUARRELS--THE HOGANS.
CLONMPI4'Faiow-t, APRIL 6.

Michael Hogan, John Hogan, Edmund Hogan, and
Mathew Hogan, were indicted for the murder of Charles
M`Carthy, on the 10th of July, 1826, by inflicting upon
him a bayonet wound of which he languished and died.
In another count the prisoners were indicted for aiding and
assisting a person unknown, in killing the said M'Carthy,
by striking him with stones. The prisoners pleaded Not
Guilty.
Mr. Sergeant BLACKBURN said, that the four prisoners
at the bar, were charged in the indictment with the murder
of a person named M'Carthy, on the 10th of July last, at
the fair of Kilfeacle. There were two hostile factious in
the neighbourhood of Kilfeacle. One of these was denomi-
nated the faction of the " Hogans," the other that of the
" Hickeys." It was the general expectation, that on the 10th
of July, a. regular battle would be fought between the two par-
ties, at the fair of Kilfeacle. In consequence of the expectation,
the Magistrates had collected to prevent this atrocious viola-
tiop of the public peace. The two bodies were dispersed,
but he regretted to say, from a mistake on the part of the
Magistrates, who had some reason to believe, and on which
they unfortunately acted, the police were by them allowed
to disperse. When these factions had assembled in the
morning, there were one hundred and fifty of them armed'
with deadly weapons, with muskets, blunderbusses, and.
every species of weapon, by which death could be speedily.
inflicted. These men assembled in different positions-out-
side Kilfeacle, and at some distance from where the fair
was held. He should here make one observation on the
part of himself, and -his Learned Friends who conducted
the case on behalf of the Crown. They all felt, that one
of the most pregnant sources of the calamities of this county
was the perpetual warfare waging between one band or
party and another. He was not very sure, but that he,
should attribute to it every evil under which the county at'
present laboured. He was quite sure that it was suffi-'
cient to produce every species of flagitious crime, with
which it was overwhelmed. Instead of parties bringing
their complaints against each other before the lawful tribu-
nals, they made them the pretence for inflicting mutual
destruction upon each other. These parties or fac-
tions meet with a settled determination of imbruing
-their hands in each other's blood—they became fami-
liarized with scenes of blood and of slaughter—crimes are
constantly committed and murders perpetrated with cir-
cumstances of the most atrocious cruelty. The feuds do
not pass away with the engagement in which they arose, or
of which they were the consequence, but are transmitted
from father to son ; he might say, there was a perpetually
entailed inheritance of crime. This was a state of things
utterly at variance with the existence of civilized society,
and it must be put down by the strong arm of the Jaw.
The Learned Gentleman concluded by mentioning the
cirzumstances of the case, as they afterwards appeared

in evidence.
William Pennefather, Esq., a Magistrate, examined by
Mr. DRlscoLL.—Was on the fair-green of Kilfeacle on the
10th July last ; was there at a (planer past eight o'clock in
the marring; saw a crowd of persons collected near the fair
green of Kilfeacle; saw some of them with sticks ;saw them
collecting, and Mr. Roe settled that they shOuld charge the
people with the police and soldiery; had the police and
military in the merning charged, and as he though effec-
tually ; and it was about one when-he dispersed ; another
body of police in his rear dispersed another party ; saw a
man brought into Tipperary; died in the evening ; thinks
there was a mile between the two parties.
Richard Creagh examined by Mr. PLlTNlcirr—Saw
people in the fair-green of Kilfeacle; thinks there was but,
one party there ; staid there about a quarter of an hour,.
when there was a rush out of a place called Cushion Gap,,
after a man who ran down a few fields from the Green
the man got into a pig-stye for shelter; saw a good num-
ber of people running towards the house where the man
was; when he went to the house, there was a number
about it, and some of them armed with fire-arms ; the man
was desired to come out of the pig-stye, and, after a great
deal of persuasion, he came out; the man that cams with
witness said " that man should not be hurt; the man who
returned with him had a gun; when the man came out of
the pig-stye, he was desired to go about his business; saw
the man afterwards who had the gun taken in the custody,
of Mr. Miller.—(ldentified Mathew Hogan.)
Cross-examined by Mr. tbercuxia.--Witiress is an of-
ficer - considered the man in the pig-stye in danger; had
he been armed, he would have rescued the man; saw
Hogan do nothing but protect the man's life.
George Baker examined by Mr. Blackburne—Reacned
the fair of Kilfeacle at ten; left it at six; heard shots
about half-past eleven;. the firing began at four, and lasted
for fifteen minutes; thinks there were from 150 to 200
shots ; cannot say in what direction the balls were fired;
saw a dust rise :under a man's feet by the balls; while
shots were discharging, saw a crowd run towards a house;
went to that house, 'but not hninediately; 'saw a man very
badly wounded ; ha was stabbed, and had wounds in his
head ; the crowd had dispersed before he got to the house ;
saw him brought out of a small pig-stye; there were num-
bers about the pig- stye ; at this time a man was endea-
vouring to prevent the crowd from getting in ; that man
was armed with a carbine ; he would not know the man
again.

Thos. .1. Manning examined by Mr. Ditascor.L.—As he
was going to the fair, saw Mr. Roe and Mr. Purefoy with
a party of police ; saw a party of men in a field ; they were
in the second next field; could not perceive any thing in
their hands; saw another party; it appeared to be about a
mile and a half; remained in the fair until fire or six;
after the military and police went away, saw a party arm-
ed come into the fair ; this was about three o'clock ; saw
another party about half-past three, with fire-arms, SO or
40 arms, and the others had sticks, scythes, and bayonets;
heard about 100 shots; saw two men wounded, and one
dead ; saw one man with a large cut across his back ; saw
another dead; he had a wound in hisjaw, and more wounds
about his face; thinks the wounds were inflicted with balls
or slugs; a man ran by witness on the road, and called
out to him to save him. Thinks Mat. Hogan was mainly
Mich. Quirk examined by Mr. Dowtaxar,
instrumental in saving the man's life.
C--Re-
members the fair of Kilfeacle ; went there about twelve
o'clock; did not oberve any bodies of men; the army was
there ; the army quitted it between two and three ; saw
the Hickey party coming into the fair firing shots, the
Hickey party hunted the Hogan party out of the field ;
the Hickey party continued firing ; the Hogan party Caine
down on the top of them, and hunted the Hickies out of the
field ; saw Duggan, the leading man of the Hickey party,
was shot in the head, and he died on the road ; the man
who shot .him was a low-sized man, in a gTey coat; he
was not ten yards from Duggan ;
paw M'Carthy fall, and
believes
haeshlef a
belomnigleedfrtoomthtehellmic; saw Mat. Hogan in the
party : M`Carthy was
about
field ; he had a stick at first, and bad a gun in his hand;
he was striving to save another man they were going to
kill en the road; Mat. Hogan did not give any orders, but
took him out of the field ; there were five about the man,
who had sticks ; saw Mat. Hogan at four o'clock in the
day on the ditch beckoning with his hand; in about half
an hour after saw him with a gun; saw him taken by the
police in about an laver after Duggan was shot; Duggan
and M'Carthy were the only two he saw drop ; was
about a couple of acres from Hogan at the time.
Margaret M'Carthy examined by Mr. Sergeant BLACK..
BURNL—Had a son of the name of Chas. M'Carthy; he
is dead ; remembers the fair of Kilfeacle ; was at the fair,
and sow her n.—
It was after the shots were fired she
left the fair with nhersen ; she walked about two fields from
the fair; was going home at the time ; Michael Hogan and
his Vat! came up to him in the field ; they came across the
field to her; knew Michael Hogan before ; knew:Matthew
Hogan, Edmund Hogan and John Hogan, and many
more of thetn--the Hogan. struck M'Carthy with stones,
and Michael Hogan, caught him by the leg, and knocked
him down for the rest of his party to heat him ; when
M'Carthy was down, be begged his life of Michael Hogan,
who said, " this is the way that I will give you your life,"
stabbing him with a bayonet: the bayonet was on a stick;
he stabbed him in the side; saw Matthevi Hogan with a
pin in his hand ; litatthew Hogan fired at her son, but he
did not receive the shot, and Hogan then leaped three times
on his body; don't know where the Hogans went; she was
taking care of her son ; did not see them after that; sonic of
them brought him away, and when others saw he was able to
stir, they wanted to kill him on the spot; they brought
him to a house; her son lived for 24 hours after, and
died the 25th in the infirmary.—(Witness here identified'
all the prisoners, and struck Michael a very hard blow on
the head with the crier's rod.) The Hogans lived at Gree-
nane and she in Dundrum.

The Jury having retired for about half an hour, returned
with a verdict of Not Guilty of murder ; but Guilty of
manslaughter.
Judge Btrwrow then addressed the prisoners, and told
them, that they had been indicted for perpetrating the
crime of murder. Under the circumstances of the
lie was bound, as their crime was one of a most aes"
ggravated
nature, to Sentence each and every one of them to trans
portation for life.
SATURDAY, MARC
and James H 7.
Timothy Ryan, Darby Ryan,
jun. wet.* indicted for hurglariously entering the house of
John Hayes, and for the abduction of his daughter, Mary

Ilayet.—James Moluny, set. acquitted; the other three
persons were found guilty.,-Death.,
Alice Kennedy (better known by the appellation of
"The free-stone girl") was capitally indicted for the nazi-,
der of a child of ten years of age, named Johanna Quinn, '
by strangulation ; and, on a second indictment, for the mur-
der of the said Johanna Quinn,. by giving her a blow-of &
stone, of which she instantly died. The details of this
case are quite shocking ; the bodi of the deceased, when
found, was in a state of putrefaction, and had one of the
legs pulled off from the knee. From the chain of circum-
stantial evidence being broken by the absence of a police-
man at the executions, the prisoner was acquitted.