Star.
London, England, 1829-10-31 00:00:00

TRIAL of tF:c DONERAILE CONSPIRATOR',

CORK (COUNTY) SPECIAL COMMISSION.
MOO t) Y.—.(Tll I: welt Y.)
At nine tielOck the Court was opened, and it v. , as
usual, crowded. At half-past nine Mr. Baron Pennefathe t and
Mr. Justice Torrens entered the Court ; shortly after the Solicitor-
General, Mr. Sergeant Goold, and Mr. Bennett, nude their ap-
pearance. •
The SouciroasGattsaas wished to have the prisoners whom it
was the intention to put on ttial to-day called to the bar. They
were Edmond Canners, Patrick Lynda, Mickad Walks. and Timothy
Barrett.
The COOLS having observed upon the delay occasioned on the
part of the Agents for the prisoners in swearing in the Jury.
Mr. F. Piretaeuv said he was not ashamed to allow that every
art was practised to gain time for the arrival of Mr. ('Connell.
Baron PEKNITATNEII thought it a strange allowance to admit the
use of such artifice, adding that Mr. O'Connell should have been
sent for in time.
Mr. John Hawkes being called
Mr. Baussee asked, are you of ages—l am.
Mr. J. BENNETT—Then 1 challenge you.
Mr. G. Boterrs—A good reason.
Here a considerable sensation was observed in the 'Hall of the
Court, occasioned by the arrival of Mr. O'Connell. who shortly
made his entrance, though with considerable difficulty, the crowd
having incrraeed to in immense density since the entrance of the
Judges. After a considerable delay in challenges, principally on
the part of the prisoners, the Jury was sworn.
The indictments, similar to those of Friday, with the exception
of the Nth charge, against Leary, for soliciting, encouraging au,: in-
citing, having been read,
The Sohterroa-Gescaat. rose and s;ioke Leatly as I.IIOW. :
My Lord, and Gentiem As ..f the Jury—The prisoners at tie :..r
Edmond Contwrs, Patrick Lynch. Micheel Wallace, and Tini..thy
Barrett, stand li:dieted for that they, with v.riuus others, con:loned
and conspired to take away the lives of three respectable Gen:le-
men of this county. Tht re are two important questiots, invoiced
in the consideration of this cave. The first. whether a conap:r ).
wide in its omit, and dangerous in its objects, extord at all
and if so, whether the prisoners were implicated so that co:..
spiracy ? Gent!emen, it is lamentable that any set of men .Is Auld
conspire for an object so horrible as that set down in the allega-
tion, but it becomes still more so when the parites are so circum-
stances above the common rank of life, and removed front my
temptation, front poverty at least. It wood be wrong or me
not to take this opportunity of correcting any inisaie:r 110414111
that may be abroad, by omitting to reduce this conspiricy to it,
proper limits, and removing front the country at large a
stigma which attaches to but one .max portion of it
Tins conspiracy dues not extend much beyond tlse immediate
neighbourhood of Dourraille. And it strikes me a, psratl.4icas.
that such a place—fur I have tlicouost it my duty since 1 Catl:,
down on these trials to inquire into the localities—it tart is M.'
as paradoxical that this spot, so fertile in itseil, atonal:fin wiiii
a wealthy resident gentry and nUlneftolli magieregy, be
the spot, of all others, selected fur the eaieerice and di play eit
such abominable proceedings. If this conspiracy charge) in the
indictment be established, I cannot believe that in a t::,tfla
eight or ten miles, with such a resident gentry, aided bt forty-
four magistrates, it can be lung suffered to vela, or that t:.c
moral force of the gentry will nut be arrayed against it. If nut
for their own sake, for the sake of the miserable wreches, the
poor deluded peasantry, who are dragged, assizes after assizes,
to the bar of this Court, exhibiting seems of delusion and
delinquency, to end in a shameful death, it behoved a high-
minded gentry to put an end, as soon as possible, to such
a horrible state of society. Even should the prisoners at the
bar be acquitted, something should be dune to satisfy the
anxiety of the spectators who crowd this Court to-day, whe-
ther such a consideration exists or nut. The primaers
may be innocent, yet from the nature of the evidence about
to be produced , you will be sati,fied that the conspiracy exists ;
and, believing it, you must, one and all, resolve to put ass end
to it. If you do so resolve, I'll take proper care to shew
you, that the law is amply sufficient for that desirable aiad
salutary end, if you have yourselves but the nerve and the
vigour, and the courage to put them into operation ; bat if,
instead of this, country gentlemen will lend themselves to
connive, at least to countenance these proceedings; if they
suffer their premises to become the receptacle of Whiteboys,
arid the refuge of outlaws ; if when called upon by a Magis-
trate, to assist In the apprehension of such. they refuse to put
forth a finger, nay, would not for a minim' have a hand in
apprehending them; and if there be gentlemen, who enter into
a tacit, if not an express treaty with these marauders, receiving
and affording mutual protection, becoming, as it were, a sort of
honorary members of this confederacy,—l must, I confess,
despair of restoring the peace of this country. But I believe
there are many high-minded and tearless gentlemen, who are
not inclined to harbour the plunderer and murderer. If as I
believe there are very few men of rank and station, and none of
character in the country, who bow down before this iron tyranny,
and foul combination to gain a paltry popularity—very few who
would refuse to come forward against a White: y, until hr
sbews an inclination to make sonic reparation for his past of
fences, and becomes useful to society—l have yet hopes that crime
will meet its punishment, and the peace of the country be established
on a sure foundation. I now come to form a part of my duty fat
more gratifying to me than that of adducing evidence of olio
guilt of the prisoners. I have to shew the Magistrates the power
which the law puts into their bands to quell these disturbances.
We'll have much of difficulty obviated if we gain hsed and props r
notions of the terms we use. If gentlemen of rank and station
will give that means of subsistence, which should be preserved fur
the industrious and peaceable, to the riotous and lawless, affording
them protection and shelter, what consequence can we expect'
A gentleman may be ignorant of the law, he may criminate him-
self. There has been no reform in the criminal code as relates to
this subject ; it is still unrepealed ; and though severe in its coact-
manta, I, who love my country as dearly as those who are more
profuse in their expressions, do not hesitate to pronounce it so-
litary as it is severe. The Whiteboy code gives Magistrates a
power to interfere before any criminal act has been committed, and
renders the mere assemblage a misdemeanour. Here we have :as
association, ever ready to lend its instruments to the consroissi..!l
of the most atrocious climes by the word of Goo himself—but
will abow that those oaths taken in blasphemy, conceived in rapine,
and ministered its guilt, are no more binding than a rope of amd.
Every cne who administers such oaths is guilty of a crime punish.
able by death, and he who is aware of, and conceals, offends, con _
mite an offence of as deep a die. But, lest gentlemen may trot
know, I have to inform them that the law does nut stop here. It
further enacts that if any person wilfully or knowingly coticeat
those whose acts come within the meaning of the statute, such
persons so concealing—(l care nut whether in haggard or stable-
yard,) is guilty of an ace punishable by death. I now give this
notice publicly, and if any one give me information of such 4
person, and follow it up with proof, I care not bow high, or re -
Pt ctable in rank be be, I pronnic hint a Commission for his own
special trial, and an execution if there be a clear conviction.—
What! is this a time to put upon that fund of employment which
should be reserved for the peaceable and the virtuous, the ma-
rauder, the conspirator, and the murderer? Such conduct is dis-
honourable in the last degree. and those who practice it should
take care, that one step more would involve the protector of tie at
Whiteboys in ruin, But.by those laws it is in the power of the
Magistrates to coerce the assistance even of those who would not
for a million willingly assist in forwarding the ends of justice—
they can summon and examine on oath those who will not volume
tarily give Information, and if they refuse to give evidence as to

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'Z'asiho or how many are on the loft, can commit thew to gaol. The
circumstances of these present trials show the the laws were
called for, and prove what I have before asserted, that
they vre not more severe thin necessary and salutary. The
,:entlemen of the country will see that they ire bound to
11 in their power to pier efficacy to these laws, and that
it is not by each truzkling for his own particular per-
sonal safety that the peace of the country can be established.—
They will see the necessity that exists for their combining to-
geher, and aiding each in executing, but not in stretching or over-
iorprina the law. This is the mode by which alone peace and
order can be restored : for no happiness can exist, even for
the poorer classes themselves, in a society where the natural ties
whcis hind man to man and landlords to tenants ;are dissolved.
v Lords. I need offer no apology for wandering a little into this
subject. My duty here is, in bringing home guilt to the accustd,
pinta; I would rather reform than punish, and I would be happy
that my f.-ehl, voic-p were effec•ive, when I implore the deluded
victims of this dete sta')le a-s.cia:ion, to return to those habits of
:end industry, from which alone their peace, prosperity, or
s%l =mint. Whitehoeien has changed its character in
the country since 1821. The Whiteboy confederation. at first en-
heed for some spacial objects. was soon convertible into any
other, and he who first sanctioned them for the suppression of
tithes, and the arrangement and division of land, which he may
took upon 33 venial and trifling, or even laudable pursuits, was not
aw ore that he was fitting out instruments of robb..ry and murder—
persons to whom any applicant may say, I'll thank you it in in
the absence of more import int and legitimate occupation you'll be
good enough to murder for me such or such a gentienian.—So
much for Daly—l would not he understood when I speia of this
man as pronouncing a panegyric on his character. No man regrets
more than I can the use of such an instrument, but without them
it is impossible to attain the end of justice. It we wait to have
conspiracies proved by the pure and the virtuous, we must suffer
then to go undetected. It is well for the peace of the cnuntry,it is
wise and prudent to employ such characters in such exigencies,
who can give from time to time information for the prevention, ex-
posure, or detection of crime. Now, as to another witness. David
Sheehan—l wish to avoid any mistake from the confused use of
words—'tis true he escaped from the police—be was an ac-
complice but never was arrested, but as an accomplice the
share he had in the transaction was comparatively light. He
was a Whiteboy I admit, a bad character, but he was no
approver, and in this differs from Nowlan, as he game vo-
luntarily forward to give his informations. We have then
the evidence of Thomas Murphy, one whom I do not know
in what class to place, but he is net an approver In any
other country than this it would be easy to assign his cha-
racter,'but from what we have seen of his betters, I am inclined
ro look at him in a different light from what it appeared to me on
Friday morning. He certainly is tainted with a knowledge of the
conspiracy. He was in company with Daly, Magner, and Lynch,
and knew what they were about, and I must leave to the Jury
what opinion they'll form of a man who knowing of a conspiracy,
was not so wicked as to join in nor so good as to expose it. Now
as to the testimony against the prisoners it will be proved to you
that the prisoner Connors has a station in the band—he ranks as a
head committee man • for distinction sake we'll call the other pri-
vates. Connors is a farmer of substance, he acts in this conspiracy,
in the general character of a commander, and in the particular one
of a directing power. and appointed Nowlin to meet hies at the
fair of Rathclare. You'll have it proved to you that Sheehan met
Wallis on the 27th of April last, when be (Sheehan) was sworn in
by a man named Leary, and that there they discussed the shooting
of these gentlemen. Nowlan saw Wallis at Doneraile on the 20th
of June, and again returning from the fair of Mallow, on Shrove
Tuesday, the: day after the attempt on Mr. Low, at John's Grove,
when he lamented its want of success. On the fair of Mallow,
was with Magner, Daly, and James Magrath, for the coming of
Mr. Low. Murphy will prove that they arranged to leave the fair
for that purpose, Lynch not coming up, as he was stationed out-
side as a scout. Now as to Connors—it will be proved—and this
is important—that Connors attended the meeting to Duane's tent,
at the fair of Rathclare, on the 27th of April. This meeting was
held in consequence of the failure of the attempt on Mr. Low, in
March. It was no common meeting, met for particular purposes,
not in assembly of privates, but a meeting of the Chiefs of the
Committee to issue their orders to the people of Kildorrery, to
assist in the undertaking. Nowlan will tell he met Edmond Con-
nora, who told him to attend that meeting. The poor and the in-
fatuated were to be called to action, to the toilsome part, whilst the
Committe-men undertook the direction, furnished the drink, and
took cognizance of the arms and ammunition. He sat in compa-
rative safety, and issued his commands, which must be implicitly
obeyed—why, there exists no greater tyranny. This man lives in
a slated house ; you won't hear of him exposing himself to personal
danger. Nowlan goes to Ratbclare, and there he sees the Com-
mittee ; Daly will tell you he and Nolan met there. There sat this
Committee, with their band of agents, furnished with pen, ink, and
paper, and issuing their mandates for the murder of those who dared
souse compliance with their commands. This will be proved to
you. Owen Daly, a person totally unimplicated, not even guilty of
a misprision of the crime, will prove—l don't know if this Connors
I.e the man, but when he comes let him identify him if he be—
he'll prove to you, that he saw a Mr. Connors, and a person whom
they called Mr. Burke, and another whom they called Mr. Mur-
phy, and you will gather from the little he can tell, and the
caution with which he gives his evidence, that if this prosecution
be founded in conspiracy, be is not a sharer in it. Now for the
fourth prisoner, Barrett. Did Barrett know Mr. Creagh? This
is an important question. Mr. Creagh had variances with his te-
nants. It will be proved to you that Barrett expressed an inten-
tion of becoming a tenant to Mr. Creagh for a piece of grazing
mountain, and if not received as a tenant, that he threatened to
coerce Mr. Creagh into a compliance with his wishes, by express-
ing an intention to bough any cattle that might be put there to
graze. So much for Barrett. To come to a knowledge of his
motives and disposition : after Dr. Norcott's carriage had been
fired at, Barrett told Daly that 'twas Mr. Creagh was the intended
victim. He also complained that Mr. Creagh might have been
successful if he interfered for his (Barratt's) brother, when be
stood his trial in another county. Barrett met Daly at Done-
raile, on Easter Sunday. and asking him to drink at a publican's,
named Roche, he inquired of him whether he had seen any of
" the brothers," or Captain Creagh, and added that they were
to form a party to shoat Creagh, who hanged his brother, and he'd
have blood for blood. The causes which these men assigned for
attempting the lives of their intended victims were various. If
these causes were facts of notorious existence, a conscientious man
may doubt before he'd credit the witnesses. If they swore that
the plan against Mr. Creagh was formed for instance in April, and
that Mr. Creagh did not become obnoxious until the month after,
though one cause may be ingeniously made, there could be a pro-
vidential discovery of this inconsistency, which would throw dis-
credit over the entire prosecution. You will see that Shine is im-
plicated. There are two causes for the murder of Mr. Creagh—
first, his alleged general harshness as a landlord, and then we have
Shine's particular enmity in consequence of his brother's transpor-
tation. Mr. Creagh will teU you that he has a number of tenants
whose rents (they have no leases) were changed with the changing
prices of the times, and to whom, when looking for leases, he
would not grant them at the very minimum of rent paid during the
depression of the times. You will find that in the September of
1808, a formal notice was served on one of the Shines, and an
ejectment was being executed on another, and that an announce-
ment of these was matte many months before the April of 1829.
The Solicitor General here detailed the means by which the con-
spirators ascertained that Mr. Creagh was to dine with Admiral
Evans, as well as the circumstances of the attack on Dr. Nor-
cint's carriage, which they mistook for that of Mr. Creagh. The
Learned Gentleman also described the attempt to assassinate Mr.
Low, as disclosed in the evidence on the former trial.
The several witnesses alluded to in the preceding statement
were then examined, and deposed to the conspiracy on the part
of the prisoners to murder the three gentlemen named in the in-
dictment. The evidence was similar to that disclosed on the
former trial.
'lle witnesses were cross-examined by Mr. O'ConnELL. The
following is a pat t of the cross-examination of Nowlan --
I took my oath that I would shoot Mr. Creagh. and undoubt-
edly I would have done so only for hurting my leg. I went out
to kill Mr. Low, and only that Mr. Nagle was with him 1 was
reauy to shoot him. I would shoot twenty, or thirty, or forty of
them. Would rather kill the police than the Kirg's troops. I
wou:d shoot all the gentlemen in the county of Cork, and yet I
ant a conscientious fellow.
Thr Counsel questioned witness here about his having petjured
himself.
The Counsel for the Crown denied that witness did so in break-
ing the Whiteboy oath.
Mr. O'Cossma. maintained, that the doctrine of the Church
to which he (Mr. O'Connell) and the approver belonged was,
that the breaking of a lawful oath, or the breaking of a false one,
is perjury.
Baron PiNtIZDA7HICR-.4 never heard of such doctrine as that
beftlte Mr. O'Connell. _

Mr. CECouitax—l assure you 'tis so, my Lord.
Examination resumed—lt was a damnible crime fur me to take
an oath to murder the gcnifeinen. and I took it with all my heart ;
I would hive shot the louts, lady in the carriage—l u mid not
spate her—(A thrill of horror passed through the Court at this ott.
serration.) lam wearing to save my life, and I would not at:l-
- a word only to save myself.
The evidence for the''Proarcution and dense being claret!,
Mr. Justice Tourist turned round and addresses the Jury, and
concluded by observing, that whilst on the one hand they bad to
consider that the lives of the prisoners were placed in their hands,

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