Star.
London, England, 1821-09-27 00:00:00

LIMERICK ASSIZES.

COUNTY COURT, SgPTRIIBRIt 19.
MURDER OF A P.ILICENIAN.
George Bradshaw and John Bradshaw, Esqrs. two
Gentlemen of respectability, and well connected in
the county of Limerick, were put to the bar, charged
with the murder of John Gorman, a policeman ; and
George Bradshaw was charged with an assault on
Denis Hayes, a 'policeman, on the 3d of August.—
John While' another respectable Gentleman, was in-
dicted for the former offence.
The following Jury were sworn :
Patrick Russell, Richard White, Burke White, Thomas
Potter, Parker Bennett, Thomas Bennett, Gerfld Griffin' Tho-
mas Furlong, William John Upton, John Upton, Edvaard Up-
ton, and Edward Langford.
Denis Ilayes sworn and examined.—knew John
Gorman, the deceased ; first became acquainted with
him on the day he went with him to execute a war-
rant against George Bradshaw ; believes it was on
the 3d of August ; saw the prisoners at the bar on
that day; identified them ; Gorman went with him
to execute the warrant; Gorman was armed with a
gun and a bayonet; they went to a ball alley, in
Sandy-lane, to execute the wan ant; saw George
Bradshaw there, and shewed him to the policeman,
who laid his hand on him, and said to Mr. Bradshaw,
41 That he was the King's man or prisoner," he does
not exactly know which. A man named Webb came
up with a stone in his hand; witness desired him to
lay it down; George Bradshaw was along with the
policeman (Gorman) ; Webb said he would strike
the witness ; he then dropped the stone ; Gorman
said peace was made, and desired witness to leave the
ball-alley, and he would bring out-George Bradshaw;
Gorman brought him out; Webb then came up to
strike Gorman ; Gorman raised his gun, and desired
him to stand out from him, or he would shoot him;
Webb took hold of prisoner (White), and put him
between him and the gun, for fear he would be shot;
Gorman ordered witness to apprehend Webb; witness
did, and brought Webb a prisoner; Gorman was
then about bringing Mr. George Bradshaw with him ;
when they came ten or twelve yards, while standing
at the Cross, White (prisoner) came to witness, and
desired him to let his prisoner go; he said he would
not; he did, when policeman was bringing George
Bradshaw as his prisoner ; John Bradshaw came up,
and took policeman about eighteen yards off the Cross,
or road ; George Bradshaw went with them ; when
they came to the corner of a garden, John Bradshaw
had one hand on pulicepan's gun ; George Bradshaw
and policeman held it also; the gun went off; John
Bradshaw loosed his hold from the policeman, and
George Bradshaw took the gun from him ; George
Bradshaw raised it to mace policeman; to the best
of his knowledge, it was the butt end; policeman
then fell back into the ditch ; can't say whether he
was struck or not ; George Bradshaw came across tile•
road with the gun in his hand, from where it was
taken fl:om Garman to where witness was ; he thought
to hit witness" in the lip, but witness put the gun off ;
he had held the gun in his two hands; the bayonet
was or. the gun, and, in the struggle, witness received
the top of the bayonet in his left elbow ; then Mr.
White and another said, " Oh, fie, George!" and
Gorman came to his assistance; Webb struck him
with a stone ; Kennedy and Donovan gave him a
or fist, and threw him down—that is, either
tripped or pushed him down ; John Bradshaw stopped
on the road until the gun went off; after that did not
see George Bradshaw do anything to Gorman; Webb
and Donovan struck Gorman alter that with a stick
or a stone ; did not see Gorman with a bayonet ; he
fell in a house into which he went, and died the next
day; did not -see the bayonet after that ; George
Bradshaw struck witness with the gun.
Cross-examined by Mr. GooLD.—Did love George
Bradshaw before this day; loved him when he chs-
trained all the crops—(ss itness's own crops)—there
was a warrant against witness for preventing the cut-
ting of a standing crop; prisoners are respectable
Gentlemen; George Bradshaw was playing at ball.
The warrant which the policeman, took to arrest
Mr. Bradshaw, in the first instance, was here produced.
The Rev. Richard Cox, sworn.—He had seen Gor-
man twenty-four hours before his death ; he consi-
dered him in a dying state ; took his depositions ;
bound him over to prosecute: deceased did not say
to witness, " that he was in a dying state ;" thought
if his danger increased, he should have been sent for
as a Clergyman ; saw the warrant taken from the
clothes of the deceased ; his clothes were off him
then ; there was with the warrant a supersedeas given'
evilness ; the prisoners were living near him; he knew
they were respectable Gentlemen ; never heard any
thing to their disadvantage before; does not recol-
lect having said, " that Gorman told him he did not
blame the Ilradshaws."
Hayes's examination resumed.—Witness, on his
examination, said nothing about any other paper ;
did not go into Downey's shop; did not hear of the
iupersedeas until the day Gorman was killed ; did
riot hear George Bradshaw call to John White for
the supersedeas; Webb did not threw a stone in the
ball-alley.
To a question from a Juror, witness said, there
were from thirty to fifty at the ball-alley ; witness
on/y put six in the informations!
James Tandy Wilkinson.—ls a surgeon; was
called on to see Gorman before his death; conceives
his death was occasioned by the stabs in his bowels.
Alderman Thomas Francis Wilkinson—ls a Jus-
tice of the Peace.for the County of Limerick; gave
Ilayes a warrant ; it was a warrant for a felony ; gave
the supersedeas now produced to Mr. George Brad-
skaw, whom he knew to be a most respectable Gen.
Amen ; did not know at first that the warrant was
against the prisoner ; thought it was for another, as
the word " farmer" was on it.—Prosecution closed.
Mr. Gooeu.--My Lord, I conceivealtere is nothing
to affect Mr. White..
The JUDGE.—SO should I; but for the question
you put to the witness Hayes, who said that " he in-
cluded Mr. White in the second information, because,
during the affray, be had put his hand on his shoul-
der : but whether to intimidate or to second him,
witness could not say."
Hayes recalled.--Could not say whether Mr. White
had been hurt or not.
Robert Ingram, Esq.—The sister of Messrs. Brad-
shaw (the prisoners) is married to witness's brother;
bad a conversation with Denis Hayes, who knew
witness to be a relative of the prisoners; met Hayes
about the 23.1 of AugusS, who had his arm in a

sling t Hares said to Witness, 1 Mr. Ingram, I
thought Mr. George Bradshaw would have sent to
me." " Why so r replied witness ; " you did your
best against him at the Inquest." He replied, that
Major Going told him, "the Inquest did not signify
a pin, but to be steady r he said, " If Mr. George
Bradshaw and his brother had sent for him, and
made it up with him, he would say what they liked
at the Court" (meaning the Assizes in Limerick).
Catherine Shanahan.—Lives near the ball-alley ;
her borne is there ; saw part of the affray out of the
ball-alley ; first, she saw a policeman trying to make
a prisonetof Webb; saw the same policeman draw
out his bayonet and put it on his gun; Webb came
behind a Gentleman of the name of White (one of,
the prisoners), and put him between him and the
gun, which Gorman held before him ; Gorman came
out before 'the Gentleman, and tried to get an op-
portunity of getting at Webb; saw a policeman pre-
sent the gun at Mr. George Bradshaw ; saw Mr.
John Bradshaw come on one side of the policeman,
and put his hands round him; policeman said, " he
wanted the use of his arms ;" Mr. John Bradshaw re-
plied, 44 that the policeman should not be molested,"
and was pacifying him as a woman would a cross,
morose child ; the gun went off; saw Mr. John Brad-
shaw's hand ; the blood streamed from it on the road ;
was convenient to the shot, and had like to be killed
herself; witness made off them
__ • _ _

Heffernan Considine, Esq.-.-Knows Mr. George
and Mr. John Bradshaw since they were boys; they
are extremely peaceable and respectable young
Gentlemen.

Bolton Massey, Esq.—Knows Mr. George Brad-
shaw; was in the same Yeomanry Corps with him ;
he is an extremely respectable, well-conducted young
Gentleman.

Mr. GoOLD said, that the Jury has it, that the
supersedeas was given in, and that the conduct of the
constable wits illegal.
The Learned Judge summed up the evidence, and
said, that firm the view he took of the case, he did
not think that the offence could go beyond the crime
of manslaughter, and that the Jury have to consider
whether the prisoners are guilty of that species -of
homicide or not. Nothing ought to be more at-
tended to than the protection of officers by Gentle-
men—nothing more guarded against than giving any
opposition to an officer in the discharge of his duty.
law is open to all t&have redress against the
person who issued the process, or who executed it.
With regard to this case, Gentlemen of the Jury, if
you shall be of opinion that the supersedeas was de-
livered to the officer before the fatal occurrence, then
the deceased was a trespasser, in proceeding to exe-
cute an illegal warrant. It changed the nature of
that which would have been murder, if the officer
was acting legally, into a lesser offence. Gentlemen
of the Jury, I now leave it to you to decide at what
moment the deceased received the supersedeas. It is
no harsh inference to suppose that, at the moment
Hayes was de looking about," the supersedeas was de-
livered. Yon have to consider whether the prisoners
at the bar are guilty even of manslaughter. You are
told that the deceased died in consequence of the
wounds he received in the side. I shall read the
evidence to see if are manner of receiving the wounds
is explained. The Ellenborough Act cannot be in-
flicted in consequence of Hayes's wounds. The de-
ceased died of the bayonet wound. Who inflicted it,
or at what period, does not appear; whether Mr.
John Bradshaw (whose hand was shattered) inflicted
it or not, it is much to be lamented that the wound
was inflicted. It does not appear where deceased
got these wounds. From Catherine Shanahan's tes-
timony, or any other evidence, you cannot see that
the wounds were inflicted by the prisoners. Mr.
Ingram's evidence enables you to judge how you
may estimate the evidence of Hayes. Any stabs re-
ceived must have been inflicted with his own bayonet;
but, if you come to a conviction that he received the
wounds after he had been disarmed, and whenhe was
gonefions the prisoners, you have a tight to conceive
he received his death by other means, and you must
acquit them altogether. With regard to Mr. White,
there is nothing to occupy you. Respecting Mr.
John Bradshaw s having received a wound, you are'
to consider whether he was, in consequence, capable
of inflicting any injury on the deceased. Gentlemen,
in order to convict any of the prisoners, you ought to
be satisfied that those wounds were inflicted by the
participation of each. The prisoners had received an
excellent character, which is always to be taken into
consideration on these occasions.

The Jury found a verdict of—Not Guilty.