Star.
London, England, 1824-08-11 00:00:00

BROWN V. DALLIMORE A'ND OTHERS.

Mr. Serjeant Pau, stated, on the part of the plaintiff,
that this action was brought by his client, a man in
humble life, to recover compensation in damages for
injuries sustained by the negligence of a driver of a van
belonging to the defendants, which prevented Browne
from following his occupation as a gardener. The Jury
would hear from the witnesses, that on the 23c1Decem
ber last the plaintiff was proceeding in his cart toward-
Lavington, on the Bath road, when he heard a van that
belonged to the defendants, and which ran betireen
London and Bath, coming behind him. He placed his
cart as far from the middle of the road as he could, as
he was fearful of some accident; but the driver of the
van thought proper to tun down so closely upon the
plaintiff's cart, that collision became unavoidable. The
consequence was, that the wi-cel of the van struck the
off-wheel of the cart, and so violent was the concussion
that it was overturned, and the poor man, who was sit-
ting in it, had his leg broken. The road where the ac-
cident happened was wide; there was not the least rea-
son for the driver of the van to come near the cart, and
the only excuse that would be made for him, which
would not avail him in that Court, was intoxication.
After the examination of a number of witnesses,
The Jury shortly consulted, and said, they wished to give the
plaintiff 1001. above all his expenses.
His Loansure desired them to consult again, as their verdict was
not sufficiently deficits.
The Jury then returned a verdict for plaintiff—Damagee, 2001.
Mr. Baron GAILIOW observed, that the formation of societies of
coach proprietors for the purpose of resisting, at the common ex-
pense similar actions to the present, was calculated to do very great
mischief to the Public. Whatever threatened to diminish the secu-
rity of persons who were obliged to trust themselves to the skill and
attention of coachmen, was an evil that could not be too strongly de-
precated. These combinations evidently had that tendency, and
therefore ought to be watched with the greatest jealousy.
BURY ST. EDMUND'S, AUGUST 9.
PREMIER V. SYMONDS.

This was an action brought by a broker and carpenter
of Newmarket, against the defendant, a barber, of the
same place, to recover a difference (in account) of
11. 19,. The case was " Newmarket* all over ! The
stake was "feather weight; the witnesses all "sharp
as my spurs;" and the very attorney's clerk is the cause
sported a white hat, and a crimson neckcloth, and cleared
the gate-post by "the eighth of an inch," as he Ave
his master's rumble-tumble into town.

Mr. H. COOPIIII (for the plaintiff) suggested that Mr.
Symonds took rank as a perruquier—for " barber," and
even " hair-dresser," were now terms grown obsolete,
or out of fashion. He (defendant) lived at Newmarket
—a town of jockies, as Duke's-place, in London, was a
town of Jews—and had stayed long in the second grade
of his calling, operating humbly upon the heads and
chins of grooms and post-boys, until success had made
him ambitious to practice upon those of their masters.
An alley residence being unsuited to ambitious views
like these, the defendant had moved from his back street
into the face of day ; and dashing out at once to the ut-
most teaching of his soul, which was to be a top tensor
in the High-street, and letting lodgings to M. P.s in the
race-time, he had employed the plaintiff to furnish and
fit up a house for him suited to such purposes. Now,
for fitting up the apartments which were to contain the
M.P.'s, and moreover a snug little shaving-shop on the
ground-floor (for the defendant could not all at once
afford to give up his old friends, the ready-money cus-
tomers), the plaintiff had charged only £33. 19s. which
was in fact giving away his goods, and his work after-
wards, to have them taken. But although £2O had
been originally paid without objection, the pertinacious
powderer of canons now scrupled the odd £l3. 19s. and
refused to pay more than £l2, a sum which the plain-
tiff's honour forbade hiM to accept.
The particulars of the plaintiff's demand were then
put in and proved; involving " bed-side carpets,"l
painted wash'-hand stands," •' double japanned can-
dlesticks," and a great variety of other articles, destined
for the benefit of the M. P.'s. The chief dispute arose,
however, upon a charge for " partitioning off a little
shaving-room," which was to separate the defendant's
gentlemen customers from the more profane population
of the " training stables." Several witnesses (in trade)
were examined on this paper, whose dress, appearance,
and demeanour, differed altogether from thole of the
more sane, arfi less sporting, divisions .of society. All
the people, of whatever calling, looked like ostlers or
stable-boys. The carpenters wore eight handkerchiefs
a-piece about their necks. Hair-dressers mounted
" frock coats, under waistcoats," and blue or yellow
" stocks." Not a person would take his oath on any
thing short of a pair of top-boots; and one rogue
handled the swearing-book as though it had been the
Racing Calendar.
Mr. &rotes, for the defendant, threw the blame of the action
upon the plaintiff, whose joiners' work, he and, was u objection-
able as his bed-side carpets and mahogany able,. The plaintiff, in
Abort, was a man not fit to put up a partition for anybody.
Witnesses were then called for Mr. Symonds, who swore that
the plaintiff's work and wares were the worst they had ever seen.
Others were called for Mr. Prober, who swore that his work and
/wares were the heat that they lad ever seen.

Mr. ?None., In reply, urged the iate period at which the defend.
ant took his objection. 'the plaintiff was concerned in the matter,
not on account of his money, but on account of Ids character for,
were he to accept the tender, all the work] must, with
one voice, cry out--" See that fellow! he charged 131. 19s. for
putting up a partition ; and now b'e is forted to take about 81. less
than his demand !"—Verdict for the plaintiff—Dsmages 11.45.

LIMERICK, AUGUST 7.
Pntrick Marone and James Manane (brothers), and
John Greene, were indicted for attacking the house of
Major Hare, and for the murder of the said Major Hare.
Mr. Serjeant GooLD stated the case for the prosecu-
ben, the Jury were called tO decide on a transaction
which took place on the Slst of January, 1822. The
deceased, Major Hare, lived at a place called MOunt
Slany, within three miles of the town of Rathkeale.—
(Here the Learned Serjeant proceeded to detail the facts
as they afterwards appeared in evidence, and then pro-
ceeded). The providence of GOD, it would appear, was
exerted on this occasion----it was decreed that the mur-
derers should not escape—the very man produced before
yo■ this day, and whoseguilty conscience save him warn-
ing to escape horn this country, had,what he thought, the
good fortune to reach the shores of North America.
At that time an officer in his Majesty's service, a Gen-
tleman who bears the name of Massey, had intimation
that that person had been concerned in the murder of
Major Hare. They met by accident in Quebec, and Mr.
Massey had the good sense to have him arrested. On
being arrested, his conscience smote him, and he made
those disclosures which would be heard in evidence.—
The moment the news of the arrest of Oliver Fitzgerald
arrived, the prisoners, who were at home till then, fled.
The prisoner Greene fled to the county of Clare, and
assumed another name. The -prisoners Patrick and
James Manane, after a very diligent search, were found
concealed under a bed.—The first witness for the Crown
was then examined.

Oliver Fitzgerald recollects the night that Major
Hare was shot ; saw the prisoners on the day before, at
the Rlce-course of Rathkeale; they appointed before that
to meet to go to Mr. Copley's to take arms; witness and
the prisoners arrived and got arms at Copley's, and then
proceeded homewards. On the way home it was pro-
posed by one of the party to call at Crawley's house to
take refreshments. There were three brothers of the
Crawleys, who took the party into a barn. They brought
out some potatoes and meat. The party laid by their
arms. The Crawleys wished to have some. The party
desired them to get arms for thems!lves. It was agreed
to go to Major Hare's, and they all proceeded there ex-
cept D. Donovan, who got tired on the way. Two of the
Crawleys, and two strange boys joined them, and went
with them to Major Hare's. It was night; warlit round the
house, and found the lower windows in front barred. They
went to the rear of the house, and discovered a window
which was not barred. They broke that window, and
all entered, except the prisoner Greene and the two
strange men. They remained out as sentinels. They
discovered a room on the right hand as they went in,
and found a man in bed there. He bawled out, and
said he was a servant-man. They left a man over him,
and the rest proceeded up stairs until they came to the
second lobby. There they found a door on the right
hand and a door on the left. The rest of the party
wore up before witness, and they went into the room
on the right hand. They said, as witness came up,
that there was nothing in the room but a bed, which'
was empty. As witness turned round, the opposite
door was opened; a man came out at the door in his
shirt and night-cap, and presented a gun at him.
Yoa rebels," said he, and be snapped and missed tire.
He then clew back into the room, and witness threw
away the gun he had, to try to catch him if he could.
Just as he opened his bed-chamber door he made to-
'wards witness, struck him with a gun, and cut him in
the forehead. Witness caught. the man in his arms.
Hare had a gun in his hand, and witness took it from
him. Witness found his face covered with blood, and
made a punch with the gun at his left side; he caught
hold of the gun a second time ; then the prisoner, Pa-
trick Manane, stepped back, and shot Major Hare. Both
the Major and witness at the time bad hold of the
gun; witness suffered injury from the shot. Major
Hare fell ; as he was falling, the prisoner Patrick
Manane struck him with the butt-end of the gun.
Some more of the party after that got arms. Witness
believes that they got the arms above stairs ; they then
went down stairs; witness remained in the lobby.
When he went down, the party had a candle lighting.
Witness told them that his hat remained above, and
that he wanted to go for it. He asked one of them
to go with him. James Manane went with him ;
they went up where they were before. When
they came to the lobby, where Major Hare was
stretched dead, Mrs. Hare was in her bed-chamber;
she asked, " where her husband was; or was he
dead r One of them answered, " that he was not."
They then proceeded into the bed-chamber, and de-
manded ammunition from Mrs. Hare. She thought
that it was money they asked for. She said there was
very little money in the house. They told her it was
not money they wanted, but ammunition. She drew
oat the drawer of a table, and handed James Manane
a shot-pouch; there was some shot in it. Then they
left the room ; there was a good deal of blood on his face
at the time. Witness and James Manane then went
down stairs. On going down stairs, James Manane
said that there was some blood on him. Witness said
it was the first blood that was on him. Before witness
went down, the first time he put a handkerchief on his
head. The party got at Major Hare's a short gun, a
gun that they considered a towling-piece, and another
.gun with a home-made stock. Witness does not think
that Greene came into the house at all ; he saw him
outside when they came out ; the whole party then went
tack to Crawleys"house.
Examined by Mr. Jacesox.—Witness sits there at his ease; was
present at the murder; knew that he had committed crimes, but
not to hang twenty men ; came from America; would take a naan's
life to save his own, if he met him in the night ; meat have been
hanged if be had not become an informer ; the met at the bar were
acquaintaxees of his; he knew them from his infancy ; he would
hang men be knew from his infancy to save his life ; be would not
thaw his soul to save his life ; witness was not so calm on the night
the transaction as he is now ; he was agitated that night ; his was
agitated when the deceased fired at him; witness did not like to
see him dead; he was not greatly grieved; the transaction took
place upwards of two years and a half ago; witness was charged
with other murders; he was charged with two; one of them was
the murder of a man at
.Shanagolden, and the other was the murder
of Gorman. He robbed Mr. Beake of his gee, in May, 1822 ; he
went to America ; he came back ; and he feared that some of his
accomplices were hanged on his return; he does not think it makes
much difference in what way a man is murdered, whether with a
gun or a rope; when he saw the man dead he demanded powder
from the widow to commit more crimes.
Copley, Esq. resided at Ballyclough ; there were five or six'
men came into his room on the night of Major Hare's murder ;
they demanded arms; they took arms. Here the witness described
the quantity of arms that had been taken from bim. They did no*
sit down ; they held conversation with witness for twenty minutes;
vritnesi.now loaked at the prisoners : be could not swear that any
of the prisoners were there.
Mrs. Hare, widow of the deceased, examined.—Recollects the

night in January, 11125, when her house was attacked ; the atuch
was made between eleven and twelve o'clock. She had retired to
bed ; she was awakened by a noise Coming from the stairs, the nn:se
of feet. She awoke Major Hare by shaking hint. Be ran to the
corner where big arms were kept, cocked a gun, and ran on•.
Heard him say, " What are you doing tbstre you rascals?" There
appeared some persons outside the door, bursting the door ni en.
There was a short struggle and a shut was fired.
Same -whet- witnesses were examined, when the Yarned ;Judge
having charged the Jury they returned a verdict of Guilty.
The prisoners heard the verdict with awful soLmnity, but with
unshaken firmness.

.....
The Juramt proceeded to pass sentence—that they should be
hanged on Monday, the 9th of August, at the common place of exe-
cution, "and be hanged by the peck till you are dead; that your
bodies be delivered up for dissection; and the I.c.su have ni icy
on your souls."
The prisoners heard this sentence with the utmost resignation.--
The prisoner Patrick Maxims, just as the Judge concluded, drew
back a few paces from the front of the dock, with extended ..rms,
and in a tone and manner the most impressive th.at we have ever
witnessed, replied to the prayer of the Jugge, hi. eyes at the samr.
time turned towards Heaven—" Amen, Amen, me Lord; perhaps
it is all well. I hope it may be for the better, that we are wring
place of misery, and going to a place of happiness. I forgive my
prosecutor—the Jury I freely forgive, as Ido all mankind. We
go to meet death like Christian men. • May GOD of Heaven bless
you all."
The prisoners were conducted to the jail under a heavy escort of
the 3tl Light Dragoons; they passed through the principal streets of
Limerick, surrounded by some hunuic..i. of weeping relatives and
friends—a scene more truly distressing could not well be imagined.
The unfortunate prisoners walked with their bats off, and preserved
the same decorous and manly conduct that characterized them..
throughout their trial, and at the awful moment of their couviction.