Star.
London, England, 1817-08-02 00:00:00

JULY 31.

The following cause occupied the whole day until
nearly eleven at night ; and there were upwards of
thirty witnesses.

vonony V. vixen.
Mr. CURWOOD opened the pleadings in this case,
and stated. that it was an action of trespass against
the defendant, for deepening 'and widening a water-
clurse, called ih.e rotter'a Ditch," on the liver
Lea. upon which the plaintiff WAS the occupier of a
niill, called the Abbey-mill, whereby the plaintiff was
deprived of the water vihich of right belonged to •his
will, producing a loss to him of 810 per week,lor
three years, in his business of a miller.

Mr. Serjeant Ons Low stated the case to the Jury,
which was as fellows :—The plaintiff was proprietor
of certain mills at Waltham Abbey, in this county,
and about three years ago he discovered that his mill
had lost a great deal of its power, not being able to
grind more than three pair of mill-stones, having
before ground with five. He could not for a time
account for the loss of water, until at length he dis-
covered that an old ditch leading from his mill-
stream, called the Channelaea River, had been deep.
ened and widened, ai.d carried off his water into
another stream, called the Waterworks River; and
upon.inquiry lie found that a part of the mischief
was done by defendant's orders, who made the place
navigable for his own barge to pass from one stream
to another.

Fifteen or sixteen witnesses were. called on the part
of tbo plaintiff, to prove that it was of old but a mere
bour.dary ditch dividing the fields in the marshes ;
and several Engineers stated positively,- that the loss
of water by means of being carried off through that
ditch was the cause of injury to the mill.
On the other side, for the defendant, twenty wit-
nesses were called, who stated, that they had known
the place in question for twenty, thirty, forty, and,
filty years, and that at all times it was navigable for
barges, and was a common water way; and three
eminent engineers were decidedly of opinion that it
did no injury to the plaintiff's mill.
Alter this conflicting testimony was concluded, the
Jerry deliberated about half an hour, and at length,
returaed a verdict for the defendant.
Amos? I.—sistotta v. lIICHARDSON.
This was an action to recover a compensation in
damages for very atrocious slander. The plaintiff•
and defendant were both farmers resident near Col-
chester. Damages it 100.
The Assiaes.concluded early this morning. '
IRELAND.

The Assizes for the County of Lothll commenced
on SAttarday, the 19 di of July, before Mr. &Iron
Ail•CtntArin, in the Crossu Cow, and Mr. Justice
Ossonxs in the Civil. •

•
The consideration of the Wild-goose Lodge burn-
ing was appointed for the following Monday, when
bills of indictment were sent op again.t Patrick nevan
only, and, on their being found by the Grand Jury,
he was arraigned thereon, and put upon his
There were several' bills of indictment against him
—three of them for the minder, and one for the
burning of the house, of t the 30t11 of October last, at
Riorstown.

The first witness produced was William Fi!glue,
Esq. Magistrate of the County of Louth : knows the
ferm-hoose called Wild-goose Lodge, and knew Ed-
ward Lynch, the occupying tenant thereof;. it is pe-
culiarly retired, difficult of access in winter, all the
passages thereto but one being flooded. There was
a trial in Summer Assizes, 1816, for a burglary and
robbery committed at said house in the April pre-
I ceding, when three prisoners, Coulin, Shanty, and
Keenan, were capitally convicted of said burglary
and robbery, on which trial Lynch and Thomas
Rooney had been examined as material witnesses for
the Crown : witness was present at the execution of
those convicts. After that trial, the Gentlemen of
the neighbourhood gave Lynch, who was a brave
old man; arms to protect himself. Witness went to
Lynch's the day after the burning ; nothing of the'
house remained but the walls; saw the fragments of
several dead bodies; Dr. Blackwell, Coroner, held
the inquest.
Patrick Halfpenny lives near Lynch's house ; re-
members the night it was burned; a person knocked
at his door, and asked, if he had fire in his house ?
His wife refused giving fire out of the house, when
the man told her he would drag her mad the house,
.and kill her if she should say one word; they set a
guard on his house, and desired him to go to bed;
heard a noise of persons about the door, and some
time afterwards heard tour shuts fired, and subse-
quently heard, the noise of horses passing by; he
men again got up, went to the door, and saw Lyncies

' house on Ere; called Thomas Carroll out of his Led,
and told him Lynch's houte wis on sire ; when re-
!tuning, a voice cried out to him to go int:, tti. h nrse
or he should be killed. lie knew Lynch, Rnoney,
his son-in-I.lw, and Rooney's wife and child, a son ti
Lynch's, two servant girls, and a boy c.dled Rispin;
believes-they were all in the h Buse when twinned : Las
ner:r teen any of tliem .riiv • since ; lu wis ti .e first
to go into Lynch's house the next n; with
Einaliam g sAw dead bridles brou;ht out ; 'he
which la:cd brenin a good %tate the day before, %Iris
continuing U. boo whetetriqiess first went there II e
suat twaning. • tr.

Alice Rismti knew Jarhes ltipia. he was her, pm,
end had been b moil° ray iurthree keara i cote
home to her about thre et!lts before the burning.
and-returrted these.elie oright•of AlFe-liitersing. 'Mintage
went t 3 Lynch's neat day, saw eight corpses buint,
of which her son was one, and Biddy Ittchard,..
servant of Lynch's. another.
Henry Munro BliiOcAell is a Coroner of said
C,,unt) ; went to Lynch's the morning alter the fi-es
found the house burned ; Cre nit entirely out; SAW
eight dead bodies ; csamined them. all. Knew Lynch
long before 11,4.; SAW him there dt : him and
Biddy Richards.
.

Bernard M'llroy, an approver, know! the priso-
ner, Patrick Levan, whom be identified in Court ;
knew him first in summer, 1816 ; lie lived alc or Cer•
creagli ; was a weaver, a schoolmaster, and clerk of
the chapel of Stonetown. Witness lived in Faris, in
the parish of Louth ; was in the County last Octo-
ber; remembers the burning of Lynch's house ; was
at it with the prisoner and Thomas CIAO), ; Thomas
Clubby brought him to the chapel of Santelown; on
Friday before the burning ; saw the prisoner there
with four or five others ; prisoner said there must be
a gathering AS quick as possible of the boy s, to go
and set fire to Lynch's house, for the porpoise''f heap-
ing him and his family, fur prosecuting the three men
at Dundalk;. nine or ten men more came to the
chapel from Inniskeen about twelve o'clock; they
separated arid went home; some of the party tailed
to meet en that night. About an hour after night-
fall, the night of the burning, witness again weat to
Stonetown • dispel, and 'found some persons there,
amongst whore swat the prisoner. Mean h slt•past
nine. forty persons who had assemble! there lett the
cl;apel ; prisoner diviued party into two divisions:
witness and prisoner *wit r.th time tire' party sir tight
to the mill of Ltitett..; ifiq went v. MO yards of
Lynch's house: touttein feefitteen persons; they had
fare in a !mall pot:. theapall stapped at the little
swamp on the road up; i 4 the whole body came, which
had been juined by a great many strangers, and
amounted to 100 and more; there were some horses,
but none belonging to his party; the ground was
deep and greatly flooded; they received orders that
some of them thouid spread themselvzs round the
boom to prevent Lynch or his family from escaping;
the order was given by the prisoner. Witness was of
the party who went straight up to the house along
the road ; heard some of his party say that the people
in the house were herring the door; beard a %nice in-
side declare, that the first person that should enter
would be shot, and heard prisoner then say,'' Rooney,
don't think it is old times, this night is your doom.:'
Witness was employed to carry unthreshed corn to
the house to throw in, in order to add to the B.naes ;
saw and heard shots fired, but cannot tell whether
any of them were fired from within ; iaw the door
broke open with a sledge, and straw thiown in upon
the tire. While the house was burning. heard the try
of a woman and of a young child, and soine petaotis
interfered to have the woman let out—hot prisoner
cried, " Will you have the live.. of all here endar-
gered by letting any them mat?" Wittieis did rot
watt till the roof fell as a Rihandnian ; was made
so in the Meath at Ili ;r1 Copt lilt Chalk toia's corn.
luny. Witness lent a letter to Mr. Filgate, the Ma.
gistrate, in April last, begging of him to. meet wit.
ness in Slane ; went to souk for him to Slane the
Wednesday before May.day lest, in melee to tell him
all he knew about Wild-goose.lodge, but d.d not find
him ; heard at Slane tint, he had gone in the coach
the day before to Diihirtfravas apprehended NaLin
by the Rev. Mr. Hamilton Ind rilr. Shore ; saw nosey
persons in the totra.paaraiog by the gaol ; saw Mr.
Charleton ; sent f..r himil4ggld I►e came to witness, and
he aid him a good dee.. aboat Wild goesz-1 ;
after that he was brought to Dundalk, :red there
made 4 full cornn6ilication to Mt. Frankton and
Mr. Brabazon ; knew Goiaby bad been talteo up-be:
fore the time that witness was taken up.. %torts
had written to Mr. Fil4ate before (lobby had been
;Tin ehended.
• Cross.elainined,—The people outside the' house
were armed; had a pistol with inte• lion to shoot
the people, should they attempt to come out of the
house ; he dared not reftlie to do so, or he nodhl
probably be shot himself ; lie twos oteiaged to go for
Die straw, and admitted that li- brought straw to add
to the fire after fie heard the cries of :he people in.
side t, he did, not think it haratilest to do to, but he
Wits!obligrd by his party; he lived near ter place;
got his pista.l between Friday and the night of toe
butning ; he could not have staid in the coirirty it
lie had not gone to that business : it was v.411' of
work brought bins to the ctnintry ; lie would have
quit the country, but might net rev/ gotten wo:k
elsewhere if he load quit it; did not tall sooneobecause •
he was afraid of oaring destroyed it he shoo' lae seen
speaking to a gentleman ; he was sari rn onsli:r the
pain of the same late as Lynch's, not to discover ;
they were all sworn to that, and the whole party were
very closely watched by one another; got aecpiain,fl
with Gubhy in Drogheda ; heard of hie betug taken
upatiwilotun. daysWblitt eil made a ilitwitheßssibZslotsaakne, it was n
nllpba a yIL.
Hamilton.
ligation he made tin liis knees, and i.ut on a bot..a ;
the oath was, to aid and assist our lnothers, and nut
to deal with a Protestant it they could get what they
Wanted from a Catinlic, and to assist the ciao! wily
person and pocket ; wai sworn to 4.:crecy alter thi
burning. He wishes to do ittsbee ;he expecte no.
thing, and has no motive but to tell the truth ; does'
not know whether it, will save his hie or not; el'es tact
come for a reward, hut. would take a situatani it peo.
tested; has been confined in the gaol.
Mr. Filgate proved the letter. which he marked
90th April ; it is dated the of April, but Mr. Fel.
gate did not receive it till the •M(tli, hew as foam borne.
Francis 1). Hatunton, Esq. sovereign of even,
apprehended Millroy on Tuesday ti.: ::7;11 May, at
the factory, a mile from Navan : oat their going to
gad witness told him that he hod been zekall ea a -

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ill

charge of murder; M.llroy replied, he knew what the
charge was, it was for the bArning an<l murder cam-
mitt,d at Wild goose-lodge, and sand he was sure it
was through Guhhy's malice that he h.d been charg-
ed with it ; and he declared his innocence.
James Charh•ton was Adjntant of the Meath Mili-
tia ; knows M.llray; he called witness from the street
into the Aaol of And told him that he had
been at A conspiracy to burn Lynch's house, and des.
.troy him and Rooney, but had not been at the burn
• in. He begged witness to send immediately to Mr.
rilltate by express, trs be guarded, le,t he should be
murdered that night, that he was present at a con-
spiracy to ttttt rder him; cannot say whether he ever
admitted t witness th..t he had been at the burning.
or not.

Clarke, an approver, remembers the night'
of the burning; lie iived at Churchtown, between
Ardee and Wild-eonse.l..dge ; was c .lied out of his
ho Ise that night by the patty ; when he had gone with
them a hour ten perches from his house, lie asked white
they were going ? they answered he should soon know,
and gave him a book, and swore him net to tell ; they
then went or, and he ag tin asked where they were
- pane ? alien wa. tint they were going to punish
nch Royalty, and twat he mivit go ; they pro-
cved.d to Wild.goosi-lodge,where they met a number
of persons ; about a haute:red were conc. toed, many
whom he did not know; heard a voice inside the lonise
cry tier, he would shoot them if they should enter."
Lien... hies prisoner,whom he had not till that night teen,
and did roe then know his name. Prisoner belonged
to a differ -nt party from witness's ; some of the peo.
pie wanted to get the girls and child out, but prisoner
reiused, saying, it would be running too great a risk ;
and he asked, 44 Did they want their lidos to be taken,l
by letting any out to inform against them ?"
nen was ordered to hold five or six horses at the end
of the house ; heard prisoner call out to those in the
house, it was the last night they had to live ! when
set on fire thrre was a great uproar in the house ;
three shots were fired outside, and one from the house;
wost of the party had arms ; they gave three buzzes
when all was over ; was. taken prisoner after last
Assizes, and confined in Dundalk goal; never saw
.the prisoner atter the burning, till be saw him os
Wednesday last in the gaol of Dundalk, and there
knew his person immediately, although he was mixed
with several others.
Cross-examined.—When fielding the horses at the
end of the house, heard ;three shots fired about the
door, and a great shout•withib; some people of the
party carried flax and straw to the house ; did not
see the do .r broke, but it might have been done with.
out his knowledge ; it was the prisoner who ordered
some of the Fatty to take the horses from witness
never saw the prisoner before that night, but took
great notice of him on account of his activity ; knows
Patrick Murphy by sight these sewn years; was not
much surprised at tieing taken up; never was before
J:.dge or Jury, or charged with any thing before this.
Never heard that Murphy swine against him ; never
spoke to the prisoner about Lynch's business ; fie
kept his mind to hanselt ; does not know a man
named M•Ilroy ; heard of such a man being in gaol,
but don't know Itios, nor ever spoke to him, to his
knowledge; did not know Istllroy was to be a Wit•
Li:SS on this ttial.
Samuel Pendleton, Esq. Chief Magistrate of
Louth. confirmed in several poiuts the evidence 01
Choke.
Charles Henry Sillicry is confined in the gaol for
dcht ; remembers Clarke being brought to the gaol;
witness walked away from Devan and the other pri-
soners with the police constable. When CI is ke re-
turned, he said he knew that man, who wars very
active passiog from front to rear, and gave orders to
put plenty of flax and sheaves to buin ; and that
when a person intetfered to save the woman, it was
he who replied, e. Wculd you have the lives of all
of us in daneer by letting any of them out r' and
instantly ordered the fire to be put to the house ;
never saw M•Ilroy and Claritt together.
Francis Davis was directed, about the 12th or 18th
of March, to take a numlwr of persons, nearly 20;
searched Devan's house, barrentld not fold hi
went again on the 20th of:May, searched the house,
and found trio letters, wfireh fir identifies; went to
Dublin, and gave them to Mr. Peadletdn.
Thomas Woods proves :hsletters to be the hand
writing of prisoner.
George Paine, chief constable of the 9d division ,
of the Dublin Police, received a Bench warrant an
ex-cure against Patricsic Devan, the prisoner; went
to the Custom-house Docks about six o'clock, as the
men were quitting work ; saw prisoner ring into a
tense; went in and took him ; he said his name was
Patrick Divine, and denied that his name was Patrick'
Devan; said he was from the county Meath, and
denied that he was from Louth.—Here the case for
the Crown closed.
'Patrick Devan, brother, and Philip Devan, father
to the prisoner, being examined, both swore that be
was at home on the night of Lynch's bouae being
The Rev. Mr. M'Cann gave the prisoner the chg-
.:4oer of a well•ccnilneted peaceable young man.
D.Atan was trued Guilty, the Jury not having re.
:named ant one minute. He was ordered for mess-
t;un onWednesday, the -23 J, to be hung at Corereagh,
i.u.ar Stonetown Chapel, where he is to In gibbeted
iss chains. •