Star.
London, England, 1821-09-20 00:00:00

- • WICKLOW .ASSIZES.
John Carty was indicted capaally. • First indict-
ment for burglary; second, for assaulting the dwell-
ing-house of J. Needham; third, an assault on John
Needham.—John Needham stated, that on the 9th of
June last, at two o'clock in the morning, four men
came to his house ; they broke
retired open the door,
shot
and
two of them entered ; they and fired a
into the house ; entered again and beat him severely;
he saw Carty in the yard, and knew him, but none
of the others.
Cross-examined by Mr. R. N. BENNETT.—It was
light enough to see him; it was Moonlight; knew
Carty perfectly well, he lived a quarter of a mile from
Witness; never offered to give up prosecution if he got
ES ; does not know his daughter.was with the men
who beat him; no injury was done by the shot.
For the defence, Eliza Byrne swore the prisoner
slept in her house the night Needham was beat; she
saw him go to bed, and rise in the morning.
Mr. W. Laurence and Mr. W. Keogh gave the pri-
soner a good character.
Judge FLETCHER charged • the Jury; if they be-
lieved the evidence of Needham, the offences laid.
in the indictments were established ; and, however
painful their duty, they were bound to convict the
prisoner. He cautioned them against adopting a
practice too frequent with Jurors, that is, some
of them finding a verdict of guilty on a compromise
with the others to recommend to mercy, and he as-
sured them that if they should recommend he would
not take notice of it, nor aid in recommending the
prisoner, as there appeared nothing to impeach the
• testimony of Needham.
When the Jury retired and remained for some time,'
Mr. BENNETT submitted to his Lordship, as this
was now become a serious case, that on consideration
he felt it his duty to call his Lordship's attention to
the indictments, and to submit that there was no evi-
dence to sustain any of them. The first was bur-
glary ; to establish that offence in point of law, the
breaking must be done with a felonious intent, and
here the intent was only to eommit an assault. _There
was a further objection to this indictment on the evi-
dence; on the 9th of June it is day-light at two
o'clock, and if it be so light that the form of a man
may he distinguished, burglary cannot be committed.
As to the second indictment, for assaulting the dwel-
ling-house of the prosecutor, Mr. Bennett said, that
evidence should be givin that the district in which
the offence was alleged to have been committed was
disturbed before such act could amount to a capital
felony ; no such evidence had been givenin support
of the indictment. And as to the third indictment,
thire was no evidence that the prisoner entered the'
house where the assault was alleged to have been
committed.
Mr. Justice FLETCHER observed, that as to the first
indictment, he considered that the breaking into the
house was evidence of the intention to do the act
which constituted the legal offence of burglary ; and
as to the time, that the witness said he .was able to.
know the prisoner by moon-light.
Mr. lies:NY:rt. contended, that at the hour of two
o'clock there was sufficient day-light for the Jury to
presume it was by that light pirsoner's face was
known, and produced an almanack, from which it
appeared that the moon had set that night twenty
minutes after twelve o'clock. Mr. Bennett referred
to several cases, to prove the points lie relied on.
his Lordship was pleased to pay humane atten-
tion to these points, and said he would require the opi-
nion of Judge Moore, and sent to require his assist-
ance. His Lordship immediately came into the,
• Crown Court, and, after a consultation, their Lord-
ships ruled the points in favour of the prisoner, and
sent for the Jury, wire; said they had found the pri-
soner Guilty on the indictments; but the Learned
Judge would not receive the verdict, and told the
Jury that the points made at the bar for the prisoner
were good in point of law, and that they must ac-
quit the prisoner on all the indictments.
The Jury retired, and having remained a consi-
derable time, were sent for, and returned a verdict
of Not Guilty.—The trial excited great interest, and
the Court was much crowded.
CARLOW ASSIZM
Patrick. Keogh stood indicted for appearing in
arms, and injuring and assaulting the habitation of
Laurence Ileadon.
Laurence Headon resided at Copenagh, in the
Barony of Rathvilly, in this County, on the night of
the I lth of May last; he was in bed, and was alarmed
by the breaking in of his windows ; the party de-
manded witness's fowling-piece; witness can't tell
how many came to his house—there might be twenty
or thirty ; when witness told them he had not a gun,
they threatened to burn his house; witness then
opened the door, and one of the party presented a
pistol at him, and swore they would kill him and
burn the house. (Here witness was desired to iden-
tify the prisoner, but he could only identify prisoner
:o the best of his knowledge, as he did not appear
in the same uniform as on the night of the attack on

his house).
Curie Beaux.—Then, I suppose, if he had a white coat and
yellow waistcoat on him, you would swear to him positively?
Witness.—lf your own Lordship's honour had been fright-
ened out of your sleep by being threatened with fire, you would
not identical the man yourself !—(Loud laughing).—To be sure
if he was there in the same uniform, wisdom, and judgment, I'd
swear to him !—(Continued laughter).
Q, Did you not swear positively to the prisoner before Mr.
'Whelan, the Magistrate ?—A. I did.
Q, And yet you cannot now swear to him.—A. Only to the
best of my knowledge.
Q. Were you before a Magistrate?—A. I•was ; and was laid
down to hang him then and now, as well as you, if I could only
come at him with my conscience !,—( Loud toughing).
Cuter llaaox.—What caused you to look at that Gentleman?
(pointing to Counsellor Walker).
Witness.—(Surveying Mr. Walker again very attentively)
bekeese I thought he was the man !!!
Cater Baum—Then. if be had the white coat and yellow
waistcoat on, you would swear positively to him ?
Witneu.—By G—n lam looking very earnest at him! !I—
(ian! and continued laughing).
The Jury, without leaving the box, acquitted thi
prisoner.

The second match of the grand rubber at Cricket,
between the Harewood and Tadcaster Clubs, was
played on Monday last, in the park of Sir WILLIAM
MILNER, at Nun-Appleton, and was won by the Tad-
caster Club, by 25 runs. The deciding match is to
be played immediately after the conclusion of Don-
caster Races: