Star.
London, England, 1821-10-03 00:00:00

INTERESTING TRIAL.

WATERFORD ASSIZES.
TRIAL OF MICHAEL CRDSBIE FOR THE ALLEGED
MURDER OF JAMES BLUETT.
The prisoner, who had been arraigned on the pre-
ceding Saturday for the wilful murder of James
Bluett, and had pleaded Not Guilty, was this day
(Tuesday, September 18), put on his trial, before the
Hon. Justice FLETCHER.
Michael Troy, the first witness for the prosecution,
sworn and examined by Mr. Hataturosi.—Witness
lives at Clashmore. Recollects the evening of the
day that the Sheriff, Army, and Gentlemen, were on
the mountain of Slieve Grine ; knew James Blum,
he is now dead. SAW two men turn out and fire op-
posite the place where Bluett was, and saw Bluett
fall. Witness was sixty or seventy yards distant;
saw the prisoner at the bar there. (Identified him.)
Prisoner was one of the men who so turned out, and
who so fired. Saw Bluett when dead ;he did not see
that he had any arms. It was about sun-set, up a
little towards the mountain, near to Monenacrine.
Cross-eramined by Mr. M,Doonatt.—Witness was
not one of the mountaineers. Did not hear a horn
sounded, nor any person shouting ; nor did he see any
person make an attack on any of the dragoons.
Second witness for the prosecution, Wm. Ronayne,
sworn by interpreter, and examined by Mr. SHIEL.
—Witness lives at Coolebagh. Was on the road
leading from Clashmore to Dungarvon in the even-
ing. Saw Bluett, both when alive and after he was
dead. He died by a gun-shot. Witness saw the
prisoner there.. (Identified him in the dock.) He is
the man who so fired. Witness saw him present his
gun towards where Bluett stood, and discharge it.
Cross-examined by Mr. Moog.—Was not one of
the mountaineers, or rioters. He had no gribbeen,
or spade with him. Heard no horns sounding, nor
shots fired, nor shouting. Saw no crowds, nor did
he see any hats thrown up ; and did not see any attack
on any of the dragoons.
Third witness for the prosecution, Thomas Hayes,
sworn and examined by Mr. Hassard.—Recollects
prisoners being escorted from Clashmore to Dungar-
garvon, on the 19th of June last. Did nut see Bluett
that day, but did the next morning ; he was then
dead. Saw the prisoner fire a shot. Prisoner was a
constable, and one of the party guarding the prisoners,
and was in the ranks amongst them.
Cross-esamined by Mr. M,Douoam..—The guard
was greatly diminished before they left Clashmore ;
they had then only a small party escorting the pri-
soners, S 6 in number. When they got into the moun-
tain, he saw a crowd coming from right and left ;
heard horns sounding ; and heard and saw people
shouting, throwing up their hats, and making sig-
nals. The crowd increased every moment ; they had
gribbeens, slanes, and stones; if collected together,
there would be upwards of 300. Witness expected
nothing but death, or to liberate the prisoners. Heard
a man call out, " Come on ; they have nothing but
powder 1" Heard Mr. Maunsell, the Sub-Sheriff, re-
peatedly call to the mob to keep off. Saw men to
the left of the road, with slanes; a dragoon went to-
wards them and shook his sword; saw one of the
men make repeated blows with his slane at the dra-
goon, and heard- the Sub-Sheriff order the party to
fire at him. No shot was fired previous to this or-
der. Witness expected that there would have been
more people shot, as some of the mob were within
six feet of the soldiers and prisoners. Saw a rifleman
take aim and fire ; heard one of the riflemen say that he
was sure he left a chicken on the mountain for them.
Daniel Fraher, fourth witness for the prosecution,
was next produced, sworn by the interpreter, and ex-
amined by Mr. HAMILTON.—Witness recollects the
evening of the riot on the mountain. Knew Bluett
personally ; saw him coming up where he was shot.
Would not know the prisoner. This witness was not
cross-examined.—Case for the prosecution here closed.
Mr. Maunsell was now called as a witness on the
part of the prisoner. Witness is Sub. Sheriff of the
County of Waterford. Recollects the 19th of June
last ; was on the mountain that. day, and had thirty-
six prisoners coming from Clashmore to Dungarvon.
Had fifteen of the rifle corps, commanded by Lieute-
nant Cochrane, about six dragoons, and some con-
stables, six or eight, as his guard. As witness was
going out of Clashmore, saw two or three men,
mounted on horseback, galloping furiously past wit-
ness's party, towards the mountain. When witness
and his party got out of the enclosed land, he heard
horns sounded on the left, and heard them answered
by shouts from several parties on the right. At first
he could not distinguish or see the persons who were
shouting, but as he got farther on he saw them shout-
ing and throwing up their hats, as if to excite each
other. There was a great number of persons assem-
bled in parties, and closing towards witness and his
party on every side, particularly on the right. Wit-
ness repeatedly and loudly called out, and warned
them to keep off from him and his party. The crowds
intimidated some men that were in front of witness's
party, and they came to have the benefit of escort
across the mountain ; as they checked his progress be
made them go to the rear, and then proceeded with the
party. As they advanced farther on, ten or twelve
men, armed with slanes, advanced on the road in the
front of and approaching towards witness's party.
There were upwards of 280 men more near him, and
upwards of 500 in view of him, in different directions.
—Witness rode at the head of his party, and ordered
the people so advancing on him to quit the road; one
of them answered, that he had as good a right to the
road as witness; witness said he had not, for that he
was the Sheriff, and had prisoners and a party of the
army escorting them—and said if they did not quit
the way, he should make them do so. On this they
stept a few paces to the left on the road, but witness
did not think it safe to pass so close to them, and
therefote he ordered the dragoons on that side to
remove them farther from the road. The dragdions
went to perform this duty. Witness saw one of them
shake his sword at the men to retire. One of the
party took up his slane, and made a blow at the
dragoon, which struck his horse on the head ; the
horse shrunk back; the dragoon gave him the spurs
and pressed him again towards the man, who then
made a second stroke with his slane at the dragoon,
which the dragoon parried with his sword, and the
man had his slane lifted up to make a third blow at
the dragoon, when witness, considering the life of the
dragoon in danger, and that this attack was the
commencement of a more general affray and at-
tempt to rescue the prisoners, and that the lives of

his party and himself were in danger, therefore or-
dered that the said person should be fired at, which
was immediately done, and witness saw him fall.—
Has no doubt but the mob were determined to rescue
the prisoners, and witness thought himself and his
party in great danger.
Cross-examixed.—Was examined at the inquest,
and swore then as he does now ; could not distinguish
which of the party fired, or which did not fire; could
not say he saw any person attack his party.
Here the case for the prisoner closed.
The Learned JUDGR, in summing up, called the at-
tention of the Jury to the evidence given before them.
He said, it was not denied that a person named Bluett
had unfortunately lost his life by a gun-shot wound,
but the point for the Jury to consider was, whether,
under the circumstances detailed'to them in evidence,
there appeared to a reasonable mind a necessity to
fire on the party they heard described as being as-
sembled ? The material facts disclosed on the trial
were, that Mr. Maunsell, the Sub-Sheriff, who ap-
peared to him (the Learned Judge) to have conducted
himself with caution, moderation, and humanity, oh
the occasion, was, with a small party of soldiers and
constables, one of whom was the prisoner at the Bar,
escorting a great number of prisoners, that had been
that day taken in the act of committing the outrages
the Jury had just heard of; that, on the Sheriff and
his party leaving. the town of Clashmore, horsemen
were seen galloping furiously past them, in the di-
rection of the mountain over which they had to go;
that, as the Sheriff and his party got farther on, and
out of the inclosed lands, horns were sounded, and
answered by the shouting of several persons, throw-
ing up their hats, and making other concerted sig-
nals ; that a vast number of persons, of the descrip-
tion and armed, as the Jary had heard, had collected
together in different bodies, and, though repeatedly
warned to keep off, were closing on the Sheriff and
his party; and that one of them actually attacked
and made repeated blows with a sharp instrument at
a dragoon of the Sheriff's party. Here the Learned
'Judge declared, that it was his duty to tell the Jury
what the law was, and, in a most able and eloquent
manner, repeated to the Jury the doctrine of the law,
as expressed to the former Jury. Gentlemen, said
his Lordship, where a large mass of people assem-
bles, and continues to assemble, contrary to the or-
ders of the Magistrates, and of every other civil au-
thority, and creates terror in his Majesty's subjects,
undoubtedly such assembly is riotous.—(Here the
Learned Judge read the following extract from a
work on Crimes and Misdemeanours:)—" If any per-
son, seeing others actually engaged in a riot, joins
himself to them, and assists them therein, be is as
much a rioter as if he had at first assembled with
them for the same purpose, inasmuch as he has no
pretence that he came innocently into the company,
but appears to have joined himself to them with an
intention of seconding them in the execution of
their unlawful enterpnze ; and it would be endless,
as well as superfluous, to examine whether even
particular person engaged in a riot was in truth one
of the first assembly, or actually had a previous
knowledge of the design ; and 'the law is, that if any
person encourages or promotes, or takes part in riots,
whether by words, signs, or gestures, or by wearing
the badge or ensign of the rioters, he is himself to be
considered a rioter, for in this case all are principals.,
The inciting persons to assemble in a riotous manner
appears also to have been considered as an indictable
Thce." His Lordship then. continued—" It is not
only lawful for the Civil Authorities, but it is their
bounden duty, and they only are authorized, to as-
semble a force, and even, if necessary, to call out the
military, to disperse such illegal and dangerous meet-
ings. No person can accuse me of a wish to call for
the assistance of the military, whenever it can be dis.
peased with; but you have heard the evidence, and
I have no hesitation in saying, that if, unfortunately,
thirty or forty of the misguided persons who were so
tumultuously assembled had been killed, it would not
have amounted even to manslaughter. The law is thus
laid down in the excellent work which I have already
quoted,.vol. 1. p.785:—" Amongst the acts done by
the permission of the law, for the advancement of
public justice, may be reckoned those of the officer
who, in the execution of his office, either in a civil or
criminal case, kills a person who assaults and resists
him. The resistance will justify the officer in pro•
ceeding to the last extremity, so that in all cases,
whether civil or criminal, where persons having au-
thority to arrest or imprison, and using the proper
means for that purpose, are resisted in so doing, they
may repel force with force, and need not gife back ;
and if the person making resistance is unavoidably
killed in the struggle, this homicide is justifiable."—
A riot, Gentlemen, is a heinous crime, and one which
is contemplated and punishable by law. Any per-
son present at a large and riotous meeting, although
he may not be actively engaged in committing an
outrage, is, in point of law, guilty of the crime ; and
for this simple reason, obvious to sense,
that by his presence he increases and forms part of
that mass which creates terror in his Majesty's sub-
jects, and gives cozfidence and encouragement to the
rioters. Gentlemen, I again impress upon your
minds, that every person present was guilty of the
riot, and any man standing by, even although he may
have had his hands in his pockets, was, as an individual
of that mass, in the eye of the law equally guilty.—
He again commented on the savage, lawlesi, and
barbarous atrocities committed in that part of the
country, where scarcely one of the inhabitants can
speak a word of English.. The Learned Judge, in
addition, said, that when a riotous mob, of the de-
scription they heard of, collected together, hovering
round and threatening to assail a public officer dis-
charging of his duty—can there be a doubt of their
object ? Was the Sub-Sheriff then to have retreated
from such a band of lawless savages? No, Gentle-
men, said his Lordship, it would have degraded the
law and have brought it into contempt; and his at-
tempting to do so would most probably have increased
the audacity of the mob, and have led to more serious
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