The Sun.
London, England, 1829-08-25 00:00:00

IRISH ASSIZE INTELLIGENCE.

CLONMELL, Aim. 19.

At an early hour this morning the Court-house
was crowded to excess, and throughout the town and
neighbourhood of Clonmell the most intense interest
prevailed respecting the calamitous occurrence at
Borris-o'kane.

At an early hour Judge MOORE entered the Court,
and immediately afterwards Robert St. Ledger was
placed at the bar, charged with the murder of Penis
Whelan, by shooting him through the neck. The
prisoner pleaded " not guilty."
The Jury, of which it was said there was only
one Catholic, were then sworn.
The SOLICITOR-GENERAL stated the facts of the
case. The prisoner, he said, was indicted for the
wilful murder of Denis Whelan, who lost his life at
Borris-o'kane, oil the 26th of June last; upon that
evening no less than three persons were killed, and
21 severely, if not dangerously, wounded. On the
26th of June last a fair was held at Borris-o'kane,
and not more than 30 or 40 perches from the bridge
lived a gentleman of the name of Dobbyn, who
was the only Magistrate stationed in that neighbour-
hood ; a party of police was ordered out on that
day, for the purpose of preserving the peace in that
town, it being a fair day ; the fair, however, passed
off, down to a certain hour in the evening, without
the slightest riot or disturbance. It was alleged,
upon the part of the prosecution, that a very unne-
cessary degree of violence had been resorted to on
the evening of the fair day, by the police, in the
dispersion of the people, who had given no just cause
for such an act. They began by riding through them
and cutting at them with drawn swords; that some of •
the police were then pelted with stones, and retreated
in the direction of the barracks. Soon after a Capt.
Dobbyn, accompanied by 10 or 12 foot policemen,
came to the spot, and without the slightest provocation
ordered his men to fire on the people. During this
time, according to the evidence for the prosecution,
the prisoner shot a man of the name of Denis Whe-
lan ; and it wai stated that he fired at him at the .
distance of about five yards, that he rested his fire-
, lock on a wall four or five feet high, and shot the
deceased, who was seeking protection in a yard be-
longing-to a man named Robert Kennedy. It was
alleged on the part of the policemen, that the mob
became so infuriated that Captain Dobbyn was
obliged to draw up his men across the street, and
to give the order to fire. The mob then hid them-
selves behind the angles of the houses, in the lanes
and yards near the place, and still continued pelting
stones in every direction down the street. He (the
Solicitor-General) believed there was no doubt of
this part of their defence, for it was in one of those
lanes the unfortunate mars Whelan met his death,
for whose murder the prisoner now stands charged.
John Killackey was then examined by Mr. SCOTT,
K.C.—I live at Borris-o'kane; was there on the
26th of June last; went these at twelve or one
o'clock, and remained there until the evening; did not
see any tumult in the street until six or seven o'elock
in the evening; it was a fair day; I did not see a
very large crowd; I was in James Nowlan's house
in the evening; he lives in the main street, about
16 or 17 perches from the bridge; saw the prisoner
there that night ; I went outside the door when I
heard shots fired ; before I came out saw one man
fire a shot, when a man fell dead—it was the pri-
soner that fired the shot; he was standing in the
lane, and fired over a wall, and killed the man at the
other side of the wall ; it was Denis Whelan who
fell dead by the shot; did not see the deceased do
any thing before be was fired at.
William Lynch, examined by Mr. DWYER—He
was at the fair when the shot was fired by the pri-
soner; he saw him level his piece on the wall of
Nowlan's yard to fire at Whelan; witness said,
" Oh Lord, what are you going to do ? sure we
are all very quiet ;" he then fired, and Whelan fell
dead; there was no riot at the time.
Another witness corroborated the testimony given
by Lynch.
James H. Ryan, M.D., examined by Mr. SMITH
—Attended the deceased ; the gun-shot wound
caused instant death.

John Leeson, examined by the SOLICITOR-GE-
NERAL—Is a shopkeeper in Borris-o'kane; lives in
a house next the bridge; saw the prisoner along
with the rest of his party firing on the people ; he
saw stones thrown a little before that time; about
five minutes before the firing commenced he saw
three policemen follow a countryman who leapt into
a mill-dam behind his house; the people began to
shout, and the policemen turned back; one of them
began to gallop through the crowd, and was cutting
round about him with a naked sword, and knocked
down several people; at that time there were no
stones throWn; there were three shots fired at him,
and one of them hit him.

The above witnesses were strictly cross-exa-
mined, but 'lathing material was elicited, and the
facts spoken to by them were corroborated by sub-
sequent testimony.
Patrick Hogan, examined by the Hon. Mr.
PLUNKETT—Witness was sitting on the battlements
of the bridge ; a good number of people were there
at the time ; there was no riot, or disposition to-
wards a riot. He saw Captain Dobbyn coining
down the street with a party of police, when he
commenced taking sticks from the people. (This
witness then corroborated Leeson's evidence as to
the affair on the bridge.)
Wm. Heise, M.D., examined—Lived in Borris-
o'kane 11 years ; recollects the fair evening. of the
26th of June. Before I went I saw Captain Dob-
byn march up towards the barrack with about 20
policemen. At half-past six witness heard a tre-
mendous uproar in the street, and he opened his
window and saw four horsemen in full gallop up the
street ; one of them was a little behind the others,
and was knocked down off his horse by stones that
were thrown 'at him by a mob, consisting of not less
than 300 persons; he was scarcely on the ground
when his horse was also knocked down ; the three
horsemen galloped away, and left their comrade
shamefully Lehind there, and the mob still continued
to pelt stones at him; witness then said to those
three policemen that were running, " For shame, go
and save your comrade, or he will be murdered. '
He then went down the street to endeavour to in-
terfere, and he saw the wounded man then supported
by a comrade up the street, and he was bleeding
profusely from his head; witness then saw a police,
man struck with a stone, and he fired his pistol at
the man who gave him the blow, and his shot took
effect saw 4 Shower of stones from the bridge;