Star.
London, England, 1801-09-09 00:00:00

DUBLIN.

SESSION'S, AUCIIST it

'fate: Daring was inditled for felonioufly and
privately Reeling from the perfon of Peter Herrety
17 guineas and an half in bank notes.
The profecutor Peter Herrety was examined by
Mr. Gesell .He faid that he followed-the bulluefs
of buying goods and felling them again at fairs—
remembered thr 24th day of June laft very well ;
he was on that day returning from the fair of Car-
tickmines, and (lopped at James Deering's, the
prifoner at the bar, who lives at a place called
Golden Ball, which is about a mile from the wit-
nefs's houfe—he fat down to drink in the kitchen,
where he remained all night ; there were fome per-
lons in company, but a good many of them went
away ; he fell afleep in a corner of the kitchen—
knows a perfon of the name of Reed who was in
company with him great part of the evening—
knows a perfon of the name of Monaghan, who
was alfo in company with him that evening. At
the time he went to drink at the prifoner's he had
feventeen guineas and an half in a pocket book, all
in notes. There were two five guinea Bank Poll
Bills, one of which he had received from a Mr.
Clarke, and the other he got from Mr. Hamilton.
He was politive that when he fell aficep he had
the notes, and when he awoke they were gone. He
awoke about fix o'clock in the morning, and then
law the prifoner. It was about three or four
o'clock in the day when he fell afleep ; as loon as
he awoke, and before he furred from the fool he
fit upon he mitred his money, and laid he was
robbed—had a converfation with the prifoner rela-
tive to the robbery, upon which prifoner took the
poker and began to rake amongft the allies of the
fire as if to look for the notes. The prifoner faid
he had not the notes. Witnefs had not any con-
verfation With the prifoner about the pocket-book ;
Lut the prifoner infifted that he did not take the
notes. In a few days after, the prifoner's wife
gave the witnefs part of the money he had loft,
that is, one guinea in money and value.' ft was
not the prifoner that gave him the guinea, but helwas
prefent when his wife gave it. Knows Captain
Anderfon—was in company with him and the pri-
foner, upon which occafion the prifoner faid, that
Capt. Anderfon had twelve guineas and an half
of the money, and was willing to give it. This
was a good many days after the evening that the
witnefs got drunk, and had fworn examinations.
He had not given either the prifoner or his wife a
guinea on the night he was robbed.
Crofs-examined by Mr. M'Na c a y.—ls not a rich
farmer as had been fated by Mr. Gas EPI ; has a
finall piece of ground, about an acre and an half;
works fometimes as a labourer and as a pig jobber
when it comes in courfe, and is a jobber from fair
to fair ; cannot recolleia how much liquor he had
drank before he fell afleep ; had drank pretty
early in the evening, and lay in the houfe all the
night ; was drunk by turns, and got fober I the
money was in a pocket-book ; he did not think he
would have been robbed—had fecured chi money
by having it in his pocket when he fell afletp, and
when he awoke had it not ; he did (trip that even-
ing to box another man who had a difference with
him; the man he wanted to fight with was named
Toole; was prevented from fighting, and put his
clothes on again ; and he and Toole fat down to
• drink to make it up ; after this he got a fool, went
into a corner of the kitchen, and fell afleep. Mo-
naghan, whom he mentioned before, was fitting at
a good diftance, and not near him, and when he
awoke at fix o'clock in the morning, Monaghan
was fitting in the 'fame place; was acquainted'
with him about fix or feven years, believed him to
bean honeft man, and never knew anything by him
that was not honell ; Monaghan had been charged
with theft, healing an handkerchief, but did not
know where he took it; did not hear that Mo-
naghan was ever charged with any other offence;
did not charge Monaghan before a Magittrate with
having Rolm the pocket-book ; he was fober when
he (wore his examinations before the Magiftrate ;
did charge a man of the name of Field with Real-
ing it; Field came in and lit his pipe, and was
lighting it when the witnefs awoke, and witncfs raid
be mull have taken the money, and the prifoner
declared that Field had only jug come in; has
beard of the prifoner's cha rafter before the robbery,
and heard he had a good one ; knows a man of the
name of Kegan, who is a creditable man, and never
heard he was charged with taking any thing; but
fome one of the company waschargedwith taking a
neat's tongue out of the prifoner's houfe ; Kegan
never applied to the witnefs to fwear againft the
prifoner for healing the notes, and that he would
snake good the money ; did not on that night give
a guinea to a man named Townfend ; nor does he
know if Townfend tt'ok it from him to pay the billI;
it was out of the guinea given by the prifoner':
wife that the reckoning was paid ; he did not pay
the reckoning for the whole company, and does
not believe that the company went away without
raying their Ihare ; heard that Townfend took the
guinea out of his pocket while be was afleep, and
gave it to the prifoner to take the reckoning out of
it ; that guinea wa, part of the feventeen guineas
sold an half that had been taken from him while
afleep.
To a queflion put by Mr. Ga etas, the witnefs
Ifs:d lie put on his clothes after he wanted to box,
and was p Altive that at the time he fell afleep he
Lad all the notes in hi, breeches pocket.
In :rawer to anothcr sracflion put by Mr.
Ws:4 s ty, he raid he Sul Lot know if he had
put on his clothes, he h.,(1 opened the pocket hook ;
nor coll.! he fay if Townfend knew he had the
money about him; he had no other notes but
what wet c in the rocket-book.
Mr. :11,tia LE-N.—From the clidence given in this
cafe, sa.hatcvs:; t 1..! Jury may he inclined to think
hereaftt• , they ought to difcharge their minds
from t:se capital part of the charge. The ;kg upon
which this charge is founded, as appears by the
Statute Book, is taken from the nigh& Statute,
which was made to prevent merchants clerks and
others from }lasing their rockos picked : and it
h.:sheen ruled that in order to fuppo:t the capital
part, it mud clearly appear, that the perfon at
tile time of the robbery muff have the property in