Star.
London, England, 1826-03-21 00:00:00

ASSIZE INTELLIG

LANCASTER, Masco IL
BIRCH V. MACHZIA.
This case was Wed on the 10th instant. It was an
action for a trespass in hunting, after notice to keep oil
the plainti f's 1,n.15. It appeared from the evidence
adduced in sui•port of the plaintiff's case, that on the
ISth of April 1.. t, the defendant was out m ith seven or
eight couple of hounds, which he hunted over lands
adjoining those of the plaintiff; and at length they
went into a wood called Kis khead, which is in the
plaintiff's occupat-on. Several wi•nesse) swore posi-
tively that thoagh Mr. Machell did not go upon the
plaintiff's land himself, yet he stood at the boundary
fence and encouraged the drAs to proceed. In par-
ticular he called to a dog named *bowler, which was,
lagging behind, and encouraged him by crying " Bow-
ler get away to 'em! hark forward ;" and other hunting
Ora es. The dogs ranged through the plaintiff's
wi.od, but were ultimately called off. Mr. PoLLocic
(who was with Mr. ScAnutrr for the defence), in cross-
examining one of the plaintiff's witnesses, asked if the
dogs which M:. Machell had with him were not ver-
min hounds?

Mr. Baron Ihrt.i.oen.—What does that signify?
Mr Scaat.cre told Mr. Pußock he must repeat the question : it
• iteas material.

Mr. Ilot.t.ocn.-4 must proceed, my Lord: I am " harked for.
ward"—( tr laugh).
Mr. 'Baron_ IluLLoca.—What you are Bowler, I suppose—(A
roar oflaughter).
The question being repeated, witness answered that the dogs
' were merely for basting, vermin; but they did not find any on that
day ; they roll nothing but a rabbit and two goats—( A laugh.)
Mr. SCA tiLerr, for the defendant, said it never was
the ‘ intention or wish of Mr. Machell to trespass on any
lands from which he had been warned; and on the oc-
ca,iim in question, not only .did he abstain from going
upon Mr. Birch's lands, but he used every effort to call
back his dngs, when some of the persons who had been
in the habit of lollowing Mr. Birch's hounds, and espe-
cially two of the witnesses who had been called for the
phiintiff, hunted them forward, and prevented Mr.
Macbell from getting them back. The Learned Gen-
tleman then called several witnesses, who swore that
the defendant endeavoured to call the dogs back.
Amongst the witnesses was the gardener of Lot d George
Cavendish, who stated that he repeatedly called them.
Mr. Wu.t.tams.—What did he say?
Witness.—Why he hallooed to them.
Mr. Wu.s.tans.—Well, well, so you have stated; but what did
be say whoa he hallooed?
Witness.—Why I have not a voice to do it properly ; but there
is Mr. hlachell, he can do it it you ask him.—(A laugh).
Mr. WILLIADIS.—WeII, but you can tell us what he said ?,
Witness.— l tell you I have Dot a voice for it.
Mr. Baron Hut.t.ocr...—No; I beg you will not try berg—(A
laugh.)
Mr. WILLIAMS, however persisted in pressing the witness to give
the Jury an idea of what Mr. Machell said; and be at length
hallooed out in a manner which convulsed the Court with Wachter.
Mr. Baron HuLricic, in summing up, said that as
the parties to the action appeared to be fond of the
amusement of the chase,* was a great pity they could
not pursue it willow the animosities which now sub-
s:turf between them. It would be much better for both

sides if they would consent to bury their quarrels io
oblivion. He left to the Jury to decide which set of

witnesses they would believe.
The Jury retired, and were locked up full two hoar,; at tba
expiration of which they reburied Into Court with a verdict for the
plainuff;—dainages, One Farthing.
LIMERICK, Masai 15.
William Meikill, Daniel Purcell, ;Vigilant Barri,
lietrick Meskill, and Thomas Dwyer, all of them in the
pink of low farmers or peasants, were put to the bar
"charged with 'burglary in the house of Christopher
Spading, of Patrick's-well, near Limerick, and with.
-hevin,; murdered in the said house a person of the name
of Samuel CI oss, in the winter of 1818.
After evidence had been heard,
Barn PENNEVATfIEIt charged the Jury:at consider-
able length. They retired for some time, and returned
with a verdict of Guilty against Wiiliam Aleskill, Daniel
Purcell, and William Barry. The LWO other prisoners
were acqu'tted.
The Jury recommended the prisoner Barry to mercy,
on account of his calcine youth when that transaction
took place, be having bet n then but twelve years of age.
The three unfortunate men received the fatal verdict with evident
sensations of honor and alarm.
Ngl sooner was the sentence proclaimed outside the Court, titan
the loudest shrieks and lamentations were heard (rum their
teinAle fri Ads.

The Learned Jtmca, in a solemn and affecting man-
Ler, plonounced the sentence ot tke law. He exhorted
the prisoners to prepare for their fa*, and dwelt upon
• 0:e danger as well as the crime of these combinations,
IA heir, as in the present case, men were almost sure to
be betrayed by their own associates. He said that he
would transmit the recommendation of. the Jury on be-
half of 13,4rry to Government, and ordered Wm. ?desk'll
and llauiel Purcell for execution on FridAy.
Michael Kayes and his three sons, Michael Keyes,
jun. James Keyes, and John Cleary, were placed at the
nal, to be tried for the murder of Matthew Slattery on

the land of Mitcheistown Down, in this county, on the
4th November last. The trial of these persons excited
great interest, in consequence of the rank of life winch
they filled. In the dock their appearance was that of
Gentlemen. John Cleary is a man of con,idei able pro-
perty. and Michael Kayos has been a man in very corn-
tottab:e circumstances; lte is at present possessed of
property of about 5( La year. It appeared that a man
a the name of James Cleary died us September tav,_,
possessed of considerable property. His brother and
sisters had a scrambling contest to get each as much of
the property as they could, and out of She contest arose
the quarrel, in which the life was log. The prisoner,
J din Cleary, was one of the brothers of James Cleary,
and Kares And his sons were friends in the contest
against the other brothers and sitters.
Several witnesses were culled. One of them swore
that when he got a blow which stiffened him, he ran
away and got a second blow, whick knocked him as
dead as mutton, and that in his retreat he met one of.
his own party, who asked him if he (witness) was killed,
tie answered that he believed he was—(Greet lalletter).'
When the case for the prosecution closed, the Judge
sa;,j, as there was no evidence to support the indictment
the murder of Matthew Slater y,the prisoners should
b.: acquitted with iegarsl to that charge, and the Jury,
si:uuld of course confine their attention to the indict-
rient with respect to Lord Elletiborough's Act, in which
liar es and hi, two sons were charged with firing at
James Madden, with an intent to kill
Cleary wa% o course seeuiued, aud the ow proceeded on a
tat LOlld tar 1:41t. Uric were some witstesaes called au for
the prowcutt.qt.
Mit h4cl kqes was foundGuiny under Lord EUenborouslis Act,
and tat sous aleviitial.

Monday last. Rich t,d Wichelo was fined 20$. by the
141.gi.trates of Henley, foE cluulty to a ;he, '