The Sun.
London, England, 1845-11-04 00:00:00

THE stN, Lovnov TITESDAY MORNII`G, NOVEMBER 4, 1845.

Power, J. A. O'Neil, and about twenty other members were
present. '
" We understand that a communication was read by the
Lord Mayor from his Excellency the Lord-Lieutenant, stat-
ing that there being a meeting of the Privy Council he could
not receive the deputation to-day, and expressing his anxiety
to be informed, after the Committee had deliberated, the steps
they would recommend.
" The Cominittee sat for several hours and agreed to reso-
lutions calling on his Excellency
To open the ports for the importation of food.
" To close the ports against the export of oats.
" To establish public granaries, and provide employment
for the people.
" To raise a loan of 1,000,0001., to be secured on the revenue
of the Irish Woods and Forests Department, and to consider
the question of stopping distillation.
"The resolutions were this evening forwarded to his Ex-
cellency. and we were informed that he had been pleased to
fix Monday, at three o'clock, for meeting the deputation.
" Rise in the Sugar Market.—A great rise in the market
took place to-day, owing to the purchase last night, by the
Messrs. Roe, distillers, of about 500 hogsheads of sugar, as is
supposed for distilling purposes. The prices have risen from
4s. to ss. per cwt. to-day."
MORE III:00D IN TIPPERARY.
The North Riding papers of yesterday being the horrifying
intelligence of the aseaseination, in open day, of Mr. Patrick
Clarke, a gentleman of extensive property, and late of the
firm of Clarke and Vincent, solicitors and land-agents, of
Iklerrion- square in this city. The particulars are thus given
in the Nenagh Guardian
:
"One of the most daring and. cold-blooded murders com-
mitted in this county since the double slaughter at Finnoe it
now becomes our sad and painful duty to record in the
murder of the above-named gentleman. As we were pre-
paring for press (Friday afternoon) Nenagh was thrown into
a slate of alarm by Mr. Clarke's servant galloping furiously
into town, with the sad intelligence that his master hadbeen
shot dead. We instantly proceeded to South-bill, about a
mile and a half from Nenagh, and there beheld a scene har-
rowing to the feelings of all, except to such demons as are
ever ready to imbrue their hands in blood. It appears that
Mr. Clarke was riding round his own demesne, and had been
visiting masons and other men who were at work for him, and
when on his return to the house, about 2 o'clock, two men ap-
proached him behind a ditch, and shot him through the head, the
ball and slugs entering the very centre of the forehead, scattering
his brains in all directions. One of the women servants was
in front of the house, and saw the riderless horse at the gate,
when, search being made, the lifeless body of the lamented
gentleman was discovered in a pool of blood. Mr. Clarke,
who was about 55 years of age, was highly esteemed by all
who knew him as a kind, affable, and courteous man, giving
extensive employment, and making improvements under his
own personal inspection. He was brother of Mr. Charles
Clarke, justice of the peace, Holy-cross, andMr.Robert Clarke,
and was partner and father-in-law of Mr. John Vincent, of
Leeson-street, Dublin. We cannot do the memory of one so
well esteemed justice in this brief and hurried account of bis
untimely fate, familiar as we are with scenes of blood, habi-
tuated to acts of murder by our almost daily attendance at
inquests of men cut off by the ruthless hand of the assassin,
yet here, in this instance, where we have seen one whom we
knew so well, and could call friend for many years' cut off
from all, the heart sickens, and we turn in anguish from the
task. Sub- Inspector O'Dell, with Head-Constable Hayes
and a large police force, was almost immediately at the scene
of murder, using every exertion to detect the perpetrators.
Mr. O'Dell dispatched detachments of his men in different
directions, so that within an hour after the perpetration of the
deed the surrounding country was traversed in all quarters.
This daring act was committed, as we have above stated, at
two o'clock in the day, in a populous district, where in every
field around men were engaged at labour. An inquest will be
held this day (Saturday), which will be given in our next."
The repeal local organ, it will be seen, endeavours to
palliate the atrocity of the crime by imputing harsh
conduct on the part of this, the last victim of Tipperary
Thuggish), towards his tenantry :
" Mr. Clarke," says the Vindicator, " held considerable
property at Portarlington. and he had a mansion in Mer-
rion-square also. He was esteemed a very wealthy gentle-
man. It is impossible just now to assign a cause for the
perpetration of this deed of blood. The alarm was imme-
diately given, and the police from Nenagh, and the sur-
rounding districts, were quickly on the spot- Whilst we
write the utmost activity prevails to discover the perpetrator
of the deed. Since the above was put in type our reporter
has returned from the scene. Two balls were driven through
the ill-fated gentleman's head, and he expired immediately.
We have heard that he had been compelling tenants to sell
corn a few minutes before the murder, and that he was an
exceedingly harsh and unrelenting person in his conduct to-
wards the people generally. Two men were seen crossing
the country immediately after the deed ; but no clue up to
the time of our going to press had been discovered of the per-
petrators."
Such hearsay statements nit are put forward in the
foregoing, and while the body of the victim was yet
warm with his blood, might, in common decency, he
postponed to some more fitting opportunity. If harsh-
ness, even the most gross (and in this unfortunate gen-
tleman's case the Vindicator's information is only
secondhand), is to be the ready apology for the aim of
the assassin's bullet, Tipperary may long maintain its
had pre-eminence as the Irish Aceldarna._

LAW INTELLIGENCE.
COURT OF CHANCERY, Nov. 3.
This being the first day of Michaelmas term, the Lord
Chancellor, after 'entertaining the Judges, Masters in Chan-
cery, Queen's Counsel, &c., to breakfast, at his Lordship's
residence, George-street, Hanover-square, took his seat in his
Court at Westminster ,at half-past one o'clock. His Lord-
ship was accompanied by the Master of the Rolls, the Vice-
Chancellor of England, the Vice-Chancellor Wigram, and
Masters Farrar and Sir George Rose.

time he saw Maynard and Garratt together was on the 27th

of May.
This concluded the case for the prosecution.
Mr. BALLANTINE addressed the jury for the prisoner in an
elaborate speech, contending that there was no evidence to
show that the prisoner had been actuated by guilts, inten-
tions, or had anything whatever to do with the robbery of
the property in question. He contended the prisoner had
been most unfaisly treated by the Great Western Company,
as represented by Mr. Nash, who had done everything in his
power to get up a case against him, by extorting admissions
from him during several conversations, on the understanding
that they should be private, but which were now brought
publicly forward against the prisoner. It was an un-English
and illegal attempt to crush a man who had placed himself
within their power. The evidence only showed he had acted
as the agent of Garrett, but no guilty intention had been
proved. Whatever shuffling Maynard had shown,
might naturally have proceeded from a desire to act
in the best manner for the interest of his client, with-
out any relation as to the articles having been stolen.
That he could not have any intention of appropriating the
property to his own use was shown by the fact, that not the
least evidence was adduced to prove the property was ever
in his possession, or that he did anything but act as agent
for a party, who stated that he had found a certain article
and wished the prisoner to negotiate its return for a certain
amount of money. He fulfilled his agency, and nothing
more. He left the matter in the hands cf the jury, hoping
they would consider the whole question, and upon the evi-
dence before them decide whether or no the prisoner know-
ingly was a party to a felonious transaction, and give a ver-
dict accordingly.
The Common SERGEANT summed up the evidence very
minutely, instructing the jury that the real point they had
to consider, was, did the prisoner Maynard receive the
property into his possession with the knowledge that it
was stolen.
The jury, after a short consultation, returned a verdict of
guilty of receiving the goods in question with the know-
ledge of their being stolen.
The clerk of the Court then put in previous convictions of
felony against the prisoner, one being that of bigamy on the
29th of May, in the 56th year of his late Majesty Geo. 111.,
and another in 1816, under the name of Charles Gregory, of
sealing property of the value of 355. from his master.
The COMMON 'SERGEANT, addressing the prisoner Garrett,
said—You have been convicted upon your own admission ot a
serious felony. The rule is, and I hold it to be a right one, to
protect public companies and the public from the commission
of such offences as that to which you have pleaded guilty.
The sentence upon you is, that you be transported for the
term of seven years.
The COMMON SERGEANT was then proceeding to address
the prisoner Maynard, when the latter said he wished to
make a few observations to correct a misrepresentation
that had gone abroad respecting him. He had been charged
with knowing that the property was stolen. Such was not
the fact. It was also stated that he knew of other parties
who had been concerned in stealing property from the Great
Western Company. This he denied. He never had had a
transaction with any party but the one, and he was not aware
then of any felony being committed. Had he known the
parties referred to, on public grounds he would have given
them up.
The COMMON SERGEANT—The jury have come to a dif-
ferent conclusion to that which you have stated. I have
no doubt in my mind that you had a full knowledge at the
time that the property which you was negotiating was stolen
from the various railways. The sentence of the Court upon
you is, that you be transported beyond the seas for the term
of fourteen years.
Shortly after the removal of Maynard from the bar, the
prisoner •Garratt was ordered to be brought up again on the
other indictments, to which he had pleaded Guilty.
COMMON SERGEANT (to the prisoner)—There are six cases
against you to which you have pleaded guilty. It is not my
intention to pass any further sentence upon
The
except in
the case of the robbery of M. Winter. The sentence is,
therefore, that you be transported for the term of seven years,
to commence at the conclusion of your former sentence of
seven years—making in all a term of fourteen years.
The pri-oner made no remark, but bowed to the Court, and
quickly retired from the dock.
During the progress of the case the following confession of
the prisoner Garratt, was produced :
" Prison of Newgate, Oct. 31, 1845.
" I feel it to be useless to make any attempt to defend
myself against these cases, and I desire to plead Guilty, al..
though I did not myself take some of the luggage produced
against me, but they came to me afterwards (for in-
stance Dr. Daniels' on the Great Western I did not have
for some period after the time it is stated they were lost,
as I had explained to Mr. Nash). I regret that I was, in the
moment of inebriation tempted to embark in so dishonest a traf-
fic, hut the first temptation having succeeded I could only go on,
and to the habits of drinking do I attnbute my first step,
for it was only when elevated with liquor that I was tempted
to meddle in these matters. But I beg to appeal to those
kind noblemen and gentlemen with whom I for years lived,
and some of whom are on the Bench and in the Court, as to
my general character as a servant. Some of their testi-
monials are in the possession of Mr. Nash, who I believe has
ascertained that I bore the highest character.
" Notwithstanding the extent of these matters, I am
left without a shilling; my thoughtless and careless habits,
my love of dress and drink have brought me to this, and
those that have led me into it from an industrious course of
life, have the reflection of doing so, and then leaving me
without even contributing one shilling to defend one
whose purse and liberal treatment (even to foolishness),
they always experienced; and I leave them with that re-
flection on themselves, and on the insincerity of human na-
ture in the hour of need and peril to which they contributed.
Had I followed the advice and example of my present wife,
I should now be a respectable member of society; to her I
shall always feel great respect (though 1 have deeply injured
her, who is a,n innocent sufferer) ; and to the. Governor of New-
gate, and Mr. Nash, and my attorney, I tender my thanks
for their kind consideration to her and my feelings in the
discharge of their duty to the public, and to the Companies
whom Mr. Nash represents. " D. GARRATT."

Mr. Rice were, 'll told him to sell the things that he mlht
get one or two pounds for himself. Why did you not say
this before the magistrate?--I was not before the magis-
trate. Did you never state this till now ?—I do not know
that I said it before. I made deposition before the clerk—
was sworn, and the deposition was read over, but the magis-
trate was not present when I signed the deposition. Rice
said nothing about fixtures.
George Dalton is a servant to the prosecutor. I was sent
to pack up some tools in the back shop, and did so, but had
no co•reersation with the prisoner.
Cross-examined—The door was not locked. I recollect
nothing about the prisoner's going into the house.
John Purser, a constable, apprehended the prisoner, who
said the prosecutor had no claim upon trim.
Cross-examined by defendant's Counsel—That he had no
claim on him except the rent ?—No ; said nothing about the
rent. I never carried any message between Rice and Barnett.
I did not request Barnett not to tell that Rice had said so-and-
so. (Barnett here identified the witness as the same Old
brought the message from Rice.)
Witness—l never did carry such a message. I did go to
B.antett's on Thursday week. I did not say this before because
I forgot. I went to tell him to be at the Court next morning,
and said nothing at all about not telling this or that. Mr. Rice
never gave me a message to take to Barnett. Never got any
instructions to that effect from Mr. Rice.
Mr. Rice, in the witness-box--I did not send any message
to Mr. Barnett.
The ptisoner's counsel had now addressed the jury, and the
Learned Commissioner sent the point to the jury, whether the
prisoner had obtained possession of the key with a felonious
intent, for failing that, it was not a case for a Criminal
Court. The jury had found the prisoner guilty, when
the defendant's counsel interfered with the recording
of the sentence, and informed his Lordship and the jury that
very important evidence, of the existence of which he had no
instructions, had just come to his knowledge, and requested
it might yet be allowed to go before the jury. This was
granted.
John Dove was' called in to the witness-box—l live at
44, Lant-street, Borough. I called at Cresswell's house one
morning in the month of May. Rice, with his foot-
man, drove up in a gig. Mr. Rice came into
the bar, and said to Cresswell—" Have you
sold these things yet ?" Prisoner' said, "No, not yet." "I
wish you would." Prisoner.—" I had an offer for them yes-
terday. I could have got half in money and half in goods."
Rice—" What goods?" Prisoner—" Coppers." Rice—" I
wish you could sell them, do your best; good morning."
Witness—l think the amount of the offer was 12/. 12s.
On being cross-examined, the witness added one or two
words to his former statement; he identified Mr. Rice as the
person.
Mr. Rice was again called, and placed in the witness• box
and sworn—He had a gig, but had not used it in the month
of May; but on being cross-examined he hesitated on this
point, and his servant when called could not help him.
Rice positively denied having said anything of the kind to
Cresswell, and had never eeen the witness before.
The case again went to the jury, but in a different view.
The question they now had to try was whether the prisoner
had had permission to sell the goods, which was decided
in the negative, and he was sentenced to twelve months'
:mprisonment and hard labour.

The following are the days fixed by the Judges for
the terms of the Court during the ensuing Mayoralty :
December 15; January 8; February 2; March 30; May 4;
June 15 ; July 6 ; August 7 ; September 21; October 26.

POLICE INTELLIGENCE.
(YESTERDAY.)
MARLBORoUGH-S7'REET.

James Noon, a sturdy ruffianly-looking young fellow, was
charged with feloniously assaulting, in Oxford-street, Mr.
Desire Sayolle, of No. 3, -Winsley-street, Oxford-market, and
stealing from his person a gold watch and appendages. ,
It appeared that between three and four o'clock on Sunday
morning the prosecutor was walking arm-in-arm with the
wife of an acquaintance of his, whom he was seeing home,
when at the corner of Chapel-street, Soho, the prisoner sud-
denly came up in front of him, and pointing to the female,
said apparently in a great rage, " What are you doing with
my wife at this late hour ?" At the'same instant he made a
violent snatch at the prosecutor's guard chain, and tore his
watch from his waistcoat pocket, and directly set off run-
ning. The prosecutor followed, calling " Stop thief !" and
Alfred Mitchell, 25 C, having joined in the pursuit, saw the
prisoner as he turned into Newman-street drop something
down the area of Mr. Holderness, No. 1, pianoforte manu-
facturer. Just at that time the la, osecutor came up with the
prisoner, and pushing him down held him until he was
secured by the police. The constable afterwards found the
watch very much smashed in the area. •
Mr. 3.IALTBY asked if the prisoner was known ?—The
police present said he was not to them.
Mr. MALTBY asked him what lie had to say in answer to
the charge?--The prisoner said the watch was handed to him
by the female the prosecutor was with, who told him to make
• off with it.
No attention was of course paid to such a defence, and the
prisoner was ordered to be committed for trial.