Star.
London, England, 1831-06-04 00:00:00

IRELAND.

SPECIAL CO M3l ISSION.
Ltnxittcx, 111• T 30.
Michael Storin and Michael Devitt were arraigned on a
capital indictment for feloniously and unlawfully, with font
of arms, threatening one Martin Kelly, to sit, with the
words, " 11l break your head and split your skull," in order
to induce said Kelly to enter into unlawful combination with
them. The second count charged the prisoners with using
the words to compel Kelly to combine with them to injure
the lands of Ross. They were also indicted for a riot and
unlawful assembly.
The ATTOnIIZT.OZWERAL stated the ease for the
Crown. He said, the present ease had been selected by him
as the first to submit to a Jury, it being of urgent and para-
mount necessity that the offence with which the prisoners
stood charged should be checked by example. The Special
Commission might be properly called an appeal to the noun.
try by the Government to support them in maintaining the
laws of the land, and he would express his confident opinion,
that so long as the tribune he had the honour to address was
assisted in its labours by the country, no man could despair of
seeing peace and tranquillity restored. He was happy to say
that the general calendar did not exceed, in point of enormity,
the usual detail of crime, but he regretted to find there was
in the calendar a species of crime unusual in its nature, mis-
chievous in its character, and fonniff9lltln its consequences.
It appeared that in many parts of this county, instead of
being detened by the miserable state of the county of Clare,
large bodies of men had assembled in the open day to turn
up the lands of various proprietors, and for the purpose of
committing other mischievous excesses. ' It' this state of
things was permitted to continue, there would be an end to all
law, and a total destruction of all those principles which bind
the various classes of society together. He was happy, how.
ever, to find that they were promptly met, and the noslt
was suppressed after it had lived the short period of seven
days. It was gratifying to find that the nasantry had become
alive tot the errors into which they had momentarily been
deluded by the example, and perhaps corrupted by the anis-
series of the county of Clare, and that they were determined
to obey and not violate the law.
Denis Foley examined by Sergeant GOOLD—Knows the
Bog of Portcruslia. Was employed by Stein and Browne
on the 3d of 31ay last, as labourer, with 33 men, cutting
turf : there were about 430 persons, men, women. and chil-
dren, employed on the bog; I had 33 men under myself;
knows Devitt; I saw him at work on the bog ; saw a large
body of men on the road ; I know a man named Itiolony ; I
saw every body go off from the bog with their tools, towards
O'Brien's Bridge, hunaing and shouting; I went myself to
Molony's house to tell him that I had heard his field was
to be dug up; I cannot tell the name of the person I heard
say tide.
Martin Kelly—l know the prisoners. Devitt was at work
on the bog ; Storin was not, but came about ten o'clock, as
if from the Clare side. Storin said something to the men,
and they all went off shouting. I was forced to go too, foe
I was in dread, because Devitt aid he would break my
head, and split my skull if I did not go. I went as far as
O'Brien's-bridge with them, and then left and went home.
Robert Johnson, police constable—l know the prisoner
Devitt. Saw him on the 2d of May at llootpelin. There
were a great number, front 300 to 400 persons,
O'Brien's bridge at the time, with slams and pitchforks;
;
they were coming from the bog at Portcrusha and going to-
wards the county Clan. I arrested. Devitt in his own house,
on the night of the 11th May ; he said if he knew I was
coming, he would be at home before me. I arrested Storm
in his own house: be said nothing till I asked him out of
joke if he would have staid at home if he knew I had been
corning, and he said be would lbot.
James Molony—Saw the lands of Ross after the 241 May,
and they were turned up. Crosaesamined— I know Devitt
well, and can give him nothing but a good character.—Mr.
D'Esr malts contended the capital charge could not be sus-
tained on the evidence which had been adduced.—The
Learned Judge (Moots) over-ruled the point4alleging that
was a question for the Jury.
Judge Moots then charged the Jury, and recapitulated
the evidence at some length. The Jury retired for about
ten minutes, and returned with a verdict of Guilty of the
capital charge against both prisoners.—The ATTORnaT.
Geneasia here said that as this was the only capital charge
he meant to proceed in, it became his painful duty to call
for judgment on the prisoners. The prisoners were removed
without sentence being passed.
Stephen Gleason, Thomas Scanlan, John Frawley, John
Naughten, Thomas ?levity, Patrick Punch, end John
Duggan were indicted fur riotously assembling to injure and
dig up pasture lands against the statute. The prisoners
pleaded guilty.
Mr. D'Esr teas addressed the Court in mitigation of
punishment. He moved on the joint affidavit of the pri.
soners, who swore that they had never been in custody, or
charged with any crime or misdemeanour before ; that they
had joined in the assembly through fear, having been served
with notices to do so or to prepare their coffins, and they
further swore that these notices they had given up to their
landlords, to whom they referred for their characters.
The A TTOILIf eTsGINEPAL said that the affidavit having
now been filed, it became his duty, on the part of the crown,
to state to the Court the matters which were charged against
the prisoners. It appoint! that on the sth of April last,
Mr. Vokes, the Chief Magistrate of the County, having
obtained information that a tumultuous assembly was about
to take plan, proceeded to Crarara, where he fell in with a
party armed with spades and stones, who, on the ap-
proach of the Magistrate, advanced towards him In a
menacing manner, he haying but a small party of the police
force with him, though at hand he was attended by a con-
siderable body of militaty. Immediately on coming
in contact with the insurgent, Mr. Vokes succeeded in ap-
prehending the seven persons now at the bar, all of whom
appeared to be acting as leaders to the party. He wished it
was in his power to give credit to the statement put forward
by the prisoners in the affidavit. Ile wished he could cots-
scientiously believe that they were assembled under the in-
fluence of intimidation ; but when he found it sworn, on
the other hand, that they were leaders of a lawless body,
assembled to commit a most mischievous crime, he could
not give implicit endence to their statement. However,
as his object, and that of the Government with which he
had the honour of being connected, was the prevention
of crime, and not the persecution of individuals, lie should
leave the case in the hands of the Cowt, satisfied their Lord.
ships would deal with it as it eeserved. if the Court thought
the prisoners had made any point it. their favour, tint forbid
that he should offer any to servatiun that would add one hour
to the pet issd of their imprisonment. The Court intimated
that they would take time to consider and enquire into the
, case from the gentlemen residing in the neighbourhood of the
prisoners before it poised sentence. The prisoners were then
removed.

Michael Downey, Michael Clohesy, Thomas Nooman,
Patnek Fitzgibilon, Michael Slolony, John Counane, and
Qaviel Faher, were indicted ft.r feloniously and unlawfully
njuring the pasture lands of Michael Cagey, at Kamaßosh,
no the 21st of April last, by digging and taming up the
same. They were also indicted tot unlawfully and riotously
assembling against the form of the statutes. The prisoners
pleaded Nut Guilty. The facts of the ease were fully
proved by the witnesses for the Crown. Michael Sheedy
called on behalf of the prisoner Counane; deposed
that he was only a spectator, looking on at the party.
Cross.esausined by the ATTORNAV•ISEXERAL-- Was nut
digging myself : I know many who were digging, but would
no: swear against client ; I saw one of the graves. Sergeant
Goozn—Was the grave large enough fot you? Witness—
Yes, for you along with me. (Loud laughter.) Mr. Lau-
rence Roche and Mr. John Hannan gave klolony, Fitz-
gibbon, and Clohessy good characters, as honest and Indus.
ttious men. Judge Jeaa briefly charged the Jury, who,
without hesitation, returned a verdict of Guilty against all
the prisoners.
TUESDAY, MAY 31.
John Bradshaw, John Shea, Patrick Shea, W. Wit. lets.
Thos. Bourke, Timothy Coffee, George lrwyer, and Murry
Goren, were charged with feloniously digging up the pasture
land of Richard levers. at Pallas Green. on the 22e1
%Ir. D'CIVEKIIIE applied to Ow Court on behalf of mu-
prisoner., for leave to withdraw the r plea •-f Not Guilty, and
plead Guilty. «Ale had affidavits to show they tad beets
coerced by intimidation to assist in committing the cu rage
with which they were eharged.
James Nix, Lawrence Keefe, Timothy Ryan, and David
Kiely, were indicted fur feloniously injuring the pamurr land
of John Synan, on the 11th of April Let, at Feelanture, by
digging up the boil and surface of the sante. They were
also indicted for riotously &mem:trig ce 'miry to the statute.
The case was fully made out, and the prisoners got an
excellent character.
Mr. Synan, the prorstestov, pee Kiely an excellent eta.
meter, and said he would not hesitate to be security for his
good conduct.
Ctees-exarnined.--'the' Attorney for the defence is my
is considered my sou. (Laughter.) ILlely Is a smug
firmer, and does net want land.
Mr. Justice Illooit Wily charged the Jury, who hood
verdict of Utility whist all the priessers.