Star.
London, England, 1829-10-29 00:00:00

TRIAL of the DONERAILE CONSPIRATORS.

CORK (COUNTY) SPECIAL COMMISSION.
FRIDAY, OCT. '23.
At nine o'clock this morning Mr. Baron PENNETA-
snit and Mr. Justice Tomos entered the Court, and shortly
after the prisoners were placed at the bar, and the Clerk of the
Crown called on them to say if they were ready for their trials.
They all answered that they were, and immediately the long
panel was called over, and we never witnessed such an array of
Jurors.
The Jury having been sworn, the Sountroa•Geozam. intimated
his wish that four of the prisoners, Jabs Leery, James Rocks,
James Magma, and Wiliam Shim, should be put to the bar, and
added that it was his intention for the present to try them on
the indictments for conspiracy found by the Grand Jury on the
preceding day.
The first count charged them with a conspiracy to murder
George Bond Low, Michael Creagb, and Henry Evans, Esqrs.;
the second for conspiracy with others unknown; and in various
other counts for the conspiracy generally and individually. In
the eighth count John Leary stood indicted for soliciting, encou-
raging, and inciting David Sheehan to the commission of the
said murder.
The SOLICITOR-Gamma. stated the case as follows :—My Lords
and Gentlemen of the Jury,—The prisoners at the bar stand in-
dicted for proposing, soliciting, inciting, persuading, and instigat-
ing to the commission of murder. It is a charge that bears heavy
on individuals, not few in number, nor low in life, to whom liberty
is dear, and character is valuable, and who laboured under a
stigma for which two successive Grand Juries pronounced there
were no trifling grounds, but sufficient warranty to send it for the
consideration of a petit jury. 'Tis a case in which, if well founded,
every man's interest is involved ; but of the many considerations
hound up with the inquiry, all others fade before the high enormity,
the branching extent and atrocity, of the crime itself. It does not
confine itself to the persons now on trial, but if established, tends
to prove what does not alone exist in the present charge, but grows
out of a system ruinous, extensive, and desolating. This it is
that gives it its principal importance, and with this view of it, if it
be unfounded, the gentry cannot be too soon disabused of the
opinion ; but if otherwise, if it do flow from a system, and be a
consequence of associations, it Is high time that other associations
be formed to counteract their influence, and I confidently predict
the period is now arrived to look at the evil boldly. God forbid
that I should use the aggravated nature of the charge, to produce
any undue impression against the unfortunate men who stand
charged with it; but if 1 am rightly informed, it will be estab.
fished by evidence, that there exists, and has long existed, an ex-
iencive confederacy, bound together by oaths, acting in concert,
headed by captains, directed by committees, whose authority is
acted on, and obeyed by instruments ever ripe and ready to act
their guilty bidding, and obey their edicts of robbery and murder.
It will he sworn that Leary ranks high in the gradations of this
conspiracy, not simply as a captain,—he takes his station as a com-
mittee man, a man of year*, of station, of comparative im-
portance. He holds himself aloof from the active and perilous
duty—but he supplies, he advises, he counsels, excites, mg.
gears, stimulates, whilst the subordinate and personal duties
are left to partisans of less value ; he acts as counsel, he is
the head to suggest—they are the arms to execute. Not only
is he of the committee, but he also administers oaths—first, an
oath of a general nature, imposing secrecy and• readiness at all
times to take arms, and for all purposes; and then, panicuiar oaths
as to the individual transactions. We are now hut treating a
symptom of the disease, which prompts to this taking up of arms
for no definite purpose—not to protect but to perpetrate. I could
traverse hack for months into a narrative of this conspiracy, of
which, to-day. we probe but a single member. Its object did not
merely affect the gentlemen against whom the present proceedings
were pointed—it embraced a wider scheme, and contemplated more
general purposes. In the month of November last, a little before
the shot was fired at Dr. Norcott's carriage, David Sheehan, one of
the wi:res,es, will prove that passing the road by Leary's hotly,
with whom he was acquainted, the latter addressed, and appointed
to meet him on a certain day at a public house in Doneralle.—
Sheehan, in cnnsequence of this appointment, met a party whom
he'll name to you ; among them was Leary, who asked if tbe boys
were ready? Sheehan asked for what? and the reply was, " to
shoot Bond, Low. Creagh, and Evans." An opportunity of
putting their ciesst;:t into execution was occasioned by Mr. Creagb
being of a party with a number of gentlemen who dined with
Admiral Evans. And what was the cause of ibis dark conspiracy,
—these horrid measures which best exhibit the objects of this
association? Why, Admiral Evans was to be mitdered for a
speech lie made in Parliament on the 12th of May, IMOD That'
speech was circulated by the newspapers, and for this 'Wes
crime, Admiral Evans was condemned to death -by this id*
triblinal. Mr. Creagh was found guilty for serving tiotice.
on his own tenants,—for exercising his right as a landlinal,
dealing with his own property as he thought fit. The offence of

Mr. Low is of a date antecedent to 1828 ; be is a gentleman, who,
not satisfied with the mere honours of the magistracy, thinks it
also incumbent on him to fulfil its duties ; let him still condone to
act as he has done, and he'll find his just reward in the security •
which his gallantry and intrepidity, and at the same time his huma-
nity, will procure for him. These are the offences for which these
three men have been condemnedto die. I have now to proceed to that
part of the testimony which relates to the intended murder of Mr.
Creagb. It will be proved that the conspiracy was formed on the
night of the 20th of January, 1829. Mr. Creagb dined at Mr
Noreen's. The agents in this conspiracy filled a district of country •
and various ferocious banditti passed from different quarters to exe-
cute their judgment on him who dared to act for himself in his
conduct towards his tenantry. I would call your attention to a
circumstance peculiarly remarkable in this place. Mr. Creagh
being that year High Sheriff, bad two footmen to his carriage, Mr.
Korean but one, yet it so happened that in leaving Mr. Evans's,
Mr. Norton had two persons on the carriage. In their eagerness
to execute, the conspirators looking no further than this distinguish-
ing mark, fired into Mr. Norton's carriage, in the belief that it
was Mr. Centel's, and then fled in the hope that they bad exe-
cuted their vengeance. There is so much of evidence to travel
through, and so varied and separated, that I can only furnish you
with an outline. You'll find that on the 28th of February, there
was a meeting at the house of a man named Flynn, at Walls-
town, where four of the conspirators, James Roche, John Mas-
her, Pat. Magrath, and Pat. Lynch, were present. There they
discussed the utility of shooting Mr. Bond Low, as be came from
Mallow fair, suggesting the plan, and appointing Glover's-screen
as the place. The fair of Mallow took place on the 2d of last
March. True to the appointment, the party assembled at Mallow,
and again (for their oaths were as numerous as their meetings)
bound themselves to secrecy and action. Magrath and Roche left
the fair early for Glover's-screen. When Mr. Low arrived at the
spot, be was immediately fired at. Two men jumped over the
ditch—yen will mind this part of the evidence—Mr. Low's hat
fell off in consequence of his horse starting from a wound inflicted
by the fire-arms, and imagining their object was effected, the ruffi-
ans fled, thinking it unnecessary to waste ammunition in any
further attempt. With that gallantry and presence of mind, only
equalled by his forbearance in a late notorious instance, Mr. Low
pursued the fugitives, searched the wood, and made prisoner of Pa-
trick Magrath, who lay bid in the underwood, and who has since
paid the forfeit of his crimes. The other two now on trial escaped.
On the next day (Shrove Tuesday, March 3,) a meeting of the con-
spirators was again held at the house of Duane, the publican.
They spoke over the transaction of the preceding day, la-
mewed its failure, and deplored the capture of Magrath, who,
being a sot, over-drank himself, and thus became prisoner.
They added, that as the assizes were approaching, Lew would
bang him, unless something were done to cut him off,
and a rivalry took place to see who should achieve it.—
One claimed the honour because he had transported his
brother ; another because he was his near neighbour ; and
a third, because he had missed him on a former occasion.
On the Ist of May the fair of Kildorrery took place, and
it was known that Mr. Low would attend it. In pursuance of
their desperate resolve, the conspirators Nowlan, Magner, Roche,
Magrath, and Lynch, attended also. Here the second attempt on
Mr. Low was put in train, and the place appointed for its execu-
tion was a ditch between Farrah and Kildorrery, distant about
half a mile from the latter. Mr. Low in returniug from the fair
was accompanied by a gentleman not then proscribed, and to
whose presence on this occasion be owed his life. Besides those
which I have already detailed, there were many other meetings :
at one of these, William Shine, a prisoner at the bar, and then a
tenant of Mr. Creagh's (for it was one of the effects of these asso-
ciations to do away with the wholesome and legitimate ties that
bound society together) was present. Here Shine complained of
some case between hint and his landlord, and submitted it to the
committee, for they entertain the silly notion that they can make
regulations with regard to the disposal of property, where the legis-
-1 ante itself could not possibly interfere, and which the law of the
land leaves to be governed by circumstances. Shine put his case
in Leary 's bands, the conduct of his landlord (Mr. Creagh) was
canvassed, and his death decreed. Shine was aware of this. In hap-
pier days before his connexion with this lawless association, he had
some money, a considerable suns for him, which he lodged with
Mr. Creagh, occasionally raking from it for particular purposes,
but again returning it to keep up the original stock. This was so
for years; but the moment the decree against his banker and
landlord went forth, Shine demands and obtains his money, not in
the usual manner, but all at once. The Magistrates were apprised
from time to time of much of what was going forward, and
about the end of May they thought proper to arrest all those
implicated, upon whom they could lay hands. (Here the Soli-
citor-Geneal went at great length into the law of the case, as ap-
plicable to the prisoners, and particularly to the evidence of in-
formers, three or four of whom he had to produce to bring the
charges home to the prisoners, and he then concluded as follows :)
—lf I have brought forward accomplices, their testimony coin-
cides, as corroborated by circumstances, and supported by other
and more credible witnesses, and the Jury will give to the dr-
cumstrances that consideration which they may deny to the
persons. I would call your attention to the case against Leary,
who, removed from the temptation poverty holds out to crime,
remains aloof in comparative security, sending nut his less guilty
emissaries to execute his less bloody edicts. If the Jury believe
these facts, his is not a case that wiU excite the greatest sympathy.
It is not likely that he will in this his hour of need be altogether
deserted. It is likely be will find many to speak for him as to
character; but if the facts against him be proved, what will dia.
ratter avail? Goa forbid that I should strive to rob reputation
of the importance which may attach to it in the hour of nerd, or
deny it its legitimate influence ; but it is little adapted to negas
tive the offence laid to the charge of the prisoner. Of *what avail is
it that he be industrious In his pursuits, be faithful in his contracts,
and sober in his habits, if foul conspiracy and midnight murder can
be laid to his charge, and traced to his suggestions?
David Sheehan, an approver, was the first sworn. Knew John
Leary, of Rossas, the prisoner at the bar ; met bins at Ned Roche's
public-house, in Doneraile, but had previously met him on the
road, near Roues, where 'he lived ; had a conversation with him ;
desired him to meet him (the prosecutor) on Wednesday or Thurs-
day, at Roche's public-house, as " the boys" would be there to see
him ; witness went there, and saw Leary, Shine, Owen Hickey,
Michael Wallace, ChaS. Daly, John Magner, and Tim. Cennois
'twas late in the evening when they met, and bad drink ; all the
people were within before him,. and Leary Was the first man who
spoke to him. He presented him with a tUmblei of potter, and then
asked " the boys" if they were ready to do what they promised,
and they Saill•they well.; on which he (Leary) drew out a piece of
paper, and sismerflifs name, and then desired them to do the same.
Mc then. pulled.outa ~hook? and swine them ; the words were,
to " shoot *Mr. Low," which they all agreed to, and it was de-
ciattkat Leary wtitsld tend th'ent. notice, and they were " to be
t4acifiatenlisi they tosere.ileit or 'sore" witness with himself was
sworn at the time by Leary. Never went with any of the party

who agreed to fire at any of the three gentleman. William Shine
was the first person who took the book, and said that he should
be the first man to kill Captain Creagh, who transported his bro-
ther." They an then swot', and agreed to kill the three gentle-
men—Admiral Evans, Mr. M. Creagh, and B. Low. Recollects
having heard Mr. Law being fired at. Knows a man named
James Magrath, who is a cousin of the witness. Knows James
Roche ; both are in the dock. After the firing at Mr. Low be
met Roche near Mr. Nagle's, at Walistown, where they talked
about firing at him, and Roche said it was unfortunate that they
had missed him, bet that in a abort time they hoped to be more
successful in killing him. Witness was not taken up for this of-
fence, he surrendered himself.

Wm. Nowlan—Was sworn often to do things as a Wbiteboy ;
there was a committee formed, and Leary was one of them; the
reason he knew him to be of the committee was, that be (Leary)
used to send them to "do things out or the way." On the
day at Ned Roche'a, Leary took a book out of his pocket, and
swore the men to kill Admiral Evans, Captain Creagh, and Mr.
Low ; the reason they gave for killing Mr. Low was, that he
was a leading man in the county; that Admiral Evans when in
Parliament was against the Roman Catholics, and Captain Creagh
was very severe on his tenants. They appointed a time to kill Mr.
Creagh, that was when he was to dine at Admiral Evans's ; 'twas
two nights after they had fired at the carriage, it was not the first
night that they appointed, and the reason was that Leary heard
that he (Mr. Creagb) would not dine there on the day appointed.
The next morning, about nine o'clock, he met Roche in his own
field, and be accused him of not attending, and then told him he
had fired at Dr. Norcott's carriage, mistaking it for Captain
Creagh's. Had a conversation with James Magratk about it.
They were sworn by John Magner to go to Mallow fair to shoot
Mr. Low ; did not bear Flynn say any thing about him. The
men had fire-arms, and were cleaning them ; Roche had an iron
blunderbuss with him, he had a brass one also : the place they
fixed on for shooting him was Mr. Glover's ground ; witness did
not go with him that day, but was to have gone to the fair for the
purpose. The day after Mr. Low was fired at, Roche came to
witness's house, and told him he (Roche) never got such a fright
as he had ; he said that when Low came up, Pat Magragh fired,
and that he (Roche) did not like to fire, for there was a woman
close after him, and he was afraid he would shoot her. He said
that Mr. Low saw him, and that he (witness) ran away, and es-
caped by the side of a ditch: he also said that they bad arms.
Roche also said that Pat Magrath was taken, that he pushed him
along one field, and then he hid him ; and that he was a sot, and
it was on that account that he could not escape ; heard Magrath
was hanged for the firing. About a fortnight after Magrath was
hanged he met Leary on the road from Buttevant, and he told
witness that he would make up a party of " good boys" to kill Mr.
Low; saw him afterwards in Doneraile, when Roche and Lynch
were present ; and Leary then said that "he (Low) should be
shot when going to the West," and that it should be dons
at Mr. Nagle's shrubberies, at Ballinamona ; left Leary
in the tent at Rathclare, and he went out, because be
expected a fight at the fair; was at Kildorrery fair, but does
not recollect the day; Roche and James Magrath, Charles Daly,
and Pat Lynch were there ; they talked about killing Mr. Low
when going borne from the fair. James Magrath said be would do
so, to have revenge for his brother. Magrath had a pistol, and
Roche a blunderbuss; it was to be done between Kildorrery and
Farralay : witness, Roche, Magrath, and Lynch, were behind
the ditch when Mr. Low passed, and Mr. Nagle with him, and
they told him they would not fire for fear of killing Mr. Nagle ;
they were riding at the time, and passed by while they were lying
down; they then bid their arms and went back to the fair ; the
same evening they got their arms.
John Norcott, hi. D.—Recollects having had an invitation
to dine from Admiral Evans on the 20th of January. Mr. Michael
Creagh was there; the invitation was on Saturday, but declined
it, and went on Tuesdays left Admiral Evans's about half-past
ten o'clock. Mr. Creagh left the house first, witness came in his
own carriage, and his two servants were on the box ; the colour
of the carriage was yellow, and Mr. Creagh's was the gamey...
When about a mile or a mile and a half on the road near Ballina-
mona, heard a shout or call, and afterwards a shut, and then fol-
lowed another. His daughter was with him, and he desired bee
to be quiet, that the danger was then over, that their ammunition
was expended : three balls ente red the carriage ; three wounded
the servants, and three struck the carriage without entering. Ex-
tracted the ball out of his footman's shoulder. After the firing
he put his head out, and Inquired if his men were wounded, and
the coachman said he was severely, but that he could drive;
after going on some distance, be said be could not drive further;
there were two carriages before, and two after witness's carriage'
Mr. Creagh's wasimmediately before witness's.

Several other witnesses were examined to corroborate the in
former's evidence, and Mr. Creagh deposed to the same facts as
Dr. Norcoct.

G. B. Low, R.q.examined—llad been a magistrate from 1821 ;
attended the Insurrection Sessions ; was fired at coming from the
fair of Mallow, on the 2d of March ; saw two men on that day ;
his mare was shot, and his hat fell off ; just passed a woman before
he was fired at ; was present when Pat Magrath was apprehended;
be was brother of the prisoner : the screen ran at right angles, aud
saw two men jump out, and saw no more of them for some time;
saw Magratb, but did not see the other ; was examined on his pro-
secution, and be war convicted and executed ; was at the fair of
Kildorrery on the Ist of May ; four or five gentlemen left the fair
ith him ; near Farraby, Mr. Nagle was with him, and he( Mr. N)
rode into the plantation, and witness did not wish to let him go in
alone, and he followed him ; knows the prisoner Roche, but never
searched for him ; saw him in the custody of the police on the day
he was taken ; Mr. N'agle asked him what he (Roche) was taken
for? and be said he did not know, unless it was for firing at Mr.
Low; when he (Mr. Lowe) asked why he fired at him, he af-
fected not to know him, and said he never saw Min before ; seat ched
repeatedly for Magrath after he was fired at, but could not find
him; he was afterwards taken in the county of Limerick.

A host of witnesses followed in confirm Lion of the essential
parts of the case for the prosecution.