Star.
London, England, 1827-12-17 00:00:00

•

AIIIRINCesgae
COURT Oft RICEIRQURR."
tompoetow..asainaltakes o. ',dooms, CLRRIC.
This ease, which has se completely absorbed the at-,
tendon of all deoomin.tions sin Ireland, came on this
manhsing. At se early hoar the-Court was crowded,
and long before twelve o'clock theentite ball was filted
with persims anxi.os to hear the trial. At that hour
lame Soften took his seat upon the bench, and the
Jury, which was highly respectable, having been sworn:
Mr. RIATINO opened the pleadiags. Bartholomew
Magaralian was the plaintiff, the Rev. Thomas Maguire
the defendant. It was an action for the seduction of
thepleietnlie daughter, and contained four counts. The
first of which stated the loss of his daughter's services,
in coorequence of the defendant debauching and crimi-
sally knowing her, whereby the became pregnant. The
other:counts mere of a similar nature, and the damages
weeelaid at 500 f.
;On the part of the defendant two pleas were put in—
first," ant guilty; andthe second stated, that on the
11th of Novi mber, 1826ithe plaintiff became insolvent,
and his property being waited in the provisional assignee
of dot Court, by his obtaining his discharge under its
provisions, the right to bring this action was vested in
the provisional assignee. To this it had been replied,—
firstithe common submittal; and next, that the several
causes of action in this issue had arisen.since the plain-
tiff discharge.
Mr. BesiperT, Ring's Counsel, stated all case for the
plaintiff. He commenced his address by la Appeal-to
the Jury to discharge from their auttds i enasidera.
tions, save a due regard for the solemn eaffnthey had
jest taken,' no matter who the parties were, to return
their verdict, according to the evidence to clone before
them. Plin'iniff was a man in a rank of life sous-
paiEiNtly`humble, but he was not on that accqunt less •
welcome to the temple of justice. He heed in Drum.
kir, a small village in Leitrim, where be kept an inn.
His family consisted of a wife, aloe named Robot, and
two'daughters. The eldest, Anne, was the whit* of ,
this action. She was about 20' years of age. The rte.
fendatn was a Roman Catholic clergyman, and with re-
spect to that gentleman he had no insuuctionsenor if he
had would he follow them, to say one disrespectral word.
It wa not his practice, and be hoped it newer would,
to say any thing in a Court of Janice disrespectful to
one, or tending to agitate the feelings or distract the
minds of the people of this country. No, Clod forbid !
Thep *s... Les hosise weals the parish of Innismagrath,
of twhf.ilso dlAndant bad been, and perhaps still was,
the priest. He came there in February 1825, and there
being no residence for him. took eiS his abode in the,
aSlitiatiff's inn; theie be continued six weeks, until he
got a house of his own. Dosing that timehe became,
sountate with the family, which intimacy continued after
he left them. In Sept. 1896, the plaintiff was thrown
into prison. at the suit of a creditor. It weer entered
into the -plaintiff's mind that Mr. Maguire, who was
so intimate with the family. so high in character,
tank, and station. would entertain any criminal
intention towards his daughter. But such. he (Mr.
Bestow) felt it his painful duty new to declare was the
case. While the father was in prison, her seduction
ire! accomplished; he need not tell them how. as the
young woman would be produced to state the facts
herself. It nits necessaty for them to know, that the
-family of the plaintiff was Protestant, and that no roar-
-.loge between a Protestant and Catholic in this country
• .iras legallonless performed by a Protestant Clergyman.
might be further necessary for him to mention, that
she approaches of Mr. Maguire were honourable. The
Learned Gentleman then proceeded to state the facts of
the cise'af they sisinegeently appeared from the testi-
niony of the witnesses. The Learned Gentleman read a
letter from the Reverend Mr. Maguire, dated in Dub-
lin-, in answer to one from Jane, the second daughter
151 th 4 ffeliident, who accused him of participancy in
bar al.un'sffight from home, in which he aiserted in the
most solemn manner his innocence. Other parts of this
. letter, Mr. Bennett contended, contained corroboration
•of the defendant's guilt. But in addition to his letters,
he bad persons to produce who would attest the truth
of the charge against the defendant. On the 14th of
Ju1y.1827, be retutoed-to his' parish ; at that time the
faissiithad determined to Vain legal redress for the
ll*lrtfirat had been done, them, aid-from that eminent
APP. .theltt fathertom eenced. Ur. Maguire. in the
' .ana4e on his part, bieaself admitted that this
poor laza could not get 'a single Cotholic to dig out
fah .potatoes.
• The Rev. Mr. Maguire (who .sat near his Counsel)
.eacknatied. " No, no."
Mr. ITCoutrat.c.—No, Mr. Bennett : he stated that
the platirs_ciop was deg oat by Orangemen.
• "r.llAstualtx confieinedit was no matter. The
Stunt vessel CiSerses wete taken to injure and harass him.
The defendant had pleaded in two ways...first, a gene-
ral &Midi then, that the plaintiff was an insolvent.—
' Stash a plea as the fatter, in an.action of this sort, he
:114'oever known before. What was the real meaning
of ehia.plea? That the poor man's daughter might be
bbd .of seduction deponisited? Did any innocent
feet fesort to such a defence'? The plaintiff was a
'saran—he may be an insolvent ; but, Good Goo !
cpildthey.fielieste star a man would attempt to urge
suds a.plea in a caseof this sort in any Court of Jos-
tle! ?•linsocerice would never resort to such a subter-
ilpie. -11lAth
,the illoy now remained the question of
41111241e5s Supponag they theasseleethad a daughter.
the pride of stieirlopes, the comfort of-their home,
What would they take from a person as compensation,
*tic should teduce such a child. and send her back
agent ileiflest to her home? He had full confidence that
they would investigate the case with fairness between'
the parties. He trusted they would not give one farthing
thou to the plaintiff because the defendant was the
Rt.v. Thoi;Maguire ; and that on the same account they
mould not award him a farthing less. He trusted they
would give -their verdict according to the evidence;
lind-if-everlereafter they should be upbraided with'
. :that :tieeligtjt,l4l,iiiiitli point to the evidence to satisfy
• aheir cooingly riesd co satisfy their Goo, let them point
to their animism's.
Ann ifetarthap was the Bra witness called. Her

- .
appearance was not very prepossessing,for a person in
heigialti she was superbly dressed. She seemed per.;
iVetlyritler else while giving her evidence. She was
iviirn`atitt ekailsined 'by Mr. Jackson. She stated that
the visa the diughler Lathe plaintiff, and described his
psidetice... She -knew the defendant, who came to her
father's 'house about three inn ago, and resided there
*boat ail WeOks, ',Writ)* whic,h.cime be had been kindly
libtieff.' Ile visited iiiiiirauls, and was on terms of
elogelotiWiay. In poveliber, IS% her fatker was
thiewie kitCprison; an intiniacy if -a peculiar-404 u,
toilk,plai;ihetwesii her and the ddandant after be bad
ZsatitAllibli marriage ceremony ;'she did not recollect
Itelsi Oing, Nir..0,,,iiit was in *mother.
. .- Vie
ifteilmity Iry Re!farased in her father's
icriite ; &rolls pot a thl:td persbnit.esent; bet. father.
iiiitin the hood at lhatinie; thelbtpcotat intarcastip*
itibtAtied uetniai departure fee.Etiglidd in 4t.iril Lpst.
de'datilasellttar Its innuninciesitit; she became ,pres.

Mast- ami left her father's Isom*, foaling the reproaches
of her friends; she remained at Wo.dfield about ten
days after she left her father's, end saw the defendant
theie-oace ; he was aware she had left home, and knew
the cause of it, but she could not say he Iniew her in.l
tentinn to go to England. She sent by the coach to
Dublin, and went from :Renee to Liverponl in a steaml
boat. She arrived in Manchester early in April; she
went to a lodging provided by a former female ser-
vant of her father's, named Katherine Magarahan ;
she remained at her new lodgings about three weeks,
during which nothing particular occurred except writ-
ing a letter to the defendant. She was delivered of a
still born infant in Manchester. She was attended in
her confinement by Dr. Holloway and three women.—
She received 101.7 x• 6J. from the defendant previous to
he: departure for England. Had ne other money, nor
did she receive any answer to the letter she wrote Mr.
Maguire. She left Manchester after her confinement,
and was at borne in a fortnight after. She did not see
the defendant during her absence : never was in Scot-
land, nor wrote a letter as from that country. Has
seen the defendant write. (A letter was handed to her,
which she stated was in his hand writing ; it was dated
May 4, 1827). She is a Protestant, and believes her
father was always one. She saw the defendant four or
five times after her return, at his own house; on two of
those occasions her sister was present. Received let-,
ten from him after her arrival; they were delivered
by Catherine M.lnweeny. At one of these inter-
views, the defendant offered to give her three hun-
dred pounds if she would declare, that now, for thi
first time, she was at liberty since her return, and lte
said, that more would be made up for her, if she cork
seined to come into Court, throw herself upon the
mercy of the Judge, and declare that it all was a
fabrication. Her sister was present on this occasion.
AU intercourse ceased between them on the morning
of his departure for Dublin. In the last month, or the
month before, she acted in no particular capacity; she
was in the habit of attending the bar.
Cross-ezatniaed by Mr. O'Cosmet.t.— Did you ever
deny what you have sworn to this day ?—I might have
denied it.

Did you ever lake a false oath ?—I do not recollect.
.I)Ad you never take an oath that all this larssinLss was
a conicniacy against Mr. Maguire ?—No.
Do you distinctly say, you never ffered to swear
that this was a diabolical conspiracy against Mr.
Maguire ?—I never offered to swear, but I said I would
svikar.(Great Laughter.)
In answer to further interrogatories, she said she
slept with Miss Dillon, who lived near her fathei's, for
a fortnight, when gone six months with child, and yet
that lady never suspected she was in the family way.
Thelaed they slept in was very narrow, and she and
Miss Dillon laced each other every morning.
Mr. O'Corrazu.—We had a talk just n as to what
you offered to swear, or simply agreed to swear. Did
you ever say that your family were offered 60W. for
prosecuting the present snit ?—I never did.
You never said or wrote any thing to the purport,
that your family were offered 6004 to prosecute this
affair ?—Never.

Here a letter was produced, which the witness ad-
mitted to be in her handwriting. It contained a de-
claration that the 6001. was to effect, amongst other
purposes, the extinction of " the Jesuit ptiest."
Who gave you chat beautiful Leghorn bonnet ?—Mr.
Maguire—(Laughter.)
But that is a fashionable and excellent gown—l hope
it is hie colour you admire? (The colour was purp:e.)
Mr. O'Cuivema..—l thank this pert and profligate
witness for this answer ; it gives the Court and Jury an.
insight into the whole conspiracy, its origin, and motives.
Mr. O'Connasa..--Where have you lived since you
came to Dublin?
Mr. BazixErr objected to the question. There had
been, a few minutes previously t . this, a shout in the
hall, to which Mr. Bennet referred as a proof of the
danger of answering the question, pointing to the con-
sequences which might happen to persons in whose
society she had been in town.

Mr. °Von sizt.x..—My Lord. this is delusive or foolish.
I will show bow much the opposite party are iolluenced
by delicacy or fear in the present Instance. (To the
witness).—Did not your brother go to the chapel door
of Mr. Maguire to serve his latitat. and did he not
know that the Bishop was in the Chapel at the time ?
—He did.

Mr. O'CossaLL—So much for the apprehensions un-
der which these good people labour.
Sbe was further cross•esarniited by Mr. ()touting.,
and admitted that in Manchester she went by the name
of Armstrong, that of the Gentleman who had Veen
her his wife's gown.
Mr. O'Comnam. then read the letter alluded to, and
allowed to be written by her. It was addressed to
the defendant. In it she speaks of the conspiracy
against him; of her bating sworn, and being still ready
to swear, before a Magistrate, of his innocence; and of
the sum of 600 i. having been offered to her family to
go on with the prosecution.
By a Juror—Did you think that the marriage of Mr.
Maguite with you was a legal one, and that benefit
could accrue to you from it?—He told me it was legal,
and I believed him.

Jane Magarahan was examined by Mr. ICRATISO
The principal points in her testimony were, that a par.
titular conversation respecting this business occurred
between the witness, her sister, and the defendant, at
his house; she state() to him that she had been per.
waded by his victim to' come there, when be stopped
her mouth by saying that her sister was his wife, and
that, in the eyes of Heaven, she should be considered
so as long as she had life. Her sister then told the
defendant that the did not believe it ; on which he said
he would perform the ceremony again. He went on
his knees, took a book in .his hand, and "solemnly pro.
tested that she was his wife. tier sister desired him to
rerform the ceremony in presence of a Protestant 'lei.
gyman. His reply was, that if be did so, he would
be laughed at."
Here a person from one of the side passages stated
to the Court, that an officer commanding a military
party was in waiting, to receive his orders from the
Sheriff. • This officer applied to the Court in order to
obtain the directions to be observed by the military.
Baroti SMITH expressed his anxious desire that no un-
necessary measure should be adopted, and that no idle
calculation of danger should cause the interferfoce of
the soldiery.
__

Catherine Maguahan was the next witnen.—.She
deposed to the fact of the birth of the dead child,
'at Manchester.

She
was crossorzamined by Mr‘Ssitzt.. but nothing
of consequence. or at all bearing on the case at issue.
was adduced by it.
Philip Olson Hardy deposed to the handwridos of
themtfindant in three letters shown to biol.
romp& rose for the defence at 44541cick, I
and 4,94:fraoi a considerable time. This was not. lie
as active b►ousht for a redress of a wrong re.
i it *is a political action, and the worst of all
istfitott..'—e'politico-ieltious one. it as uric supported

by faction for W tai perpeste .Mt dist would never
have been brought forward to pollute it Come of Jus-
tice if the discussion between Pepe attd%Mageirelad
not taken piece, This was not a ,question of mlie
&images—it wis one involving the sacred character of
a Priest of the Most High GoJ, who had sworn at the
altar to chastity and a pure life—a Priest cownnistioned
Ito offer op sacrifice to the living GOD. Againti such a
man was this action brought, and the who swears it
says he intended she should be his wife while be we's
to continue to act as a priest- No damages could be•
expected trom his client; all he had was his parish, and-
if a verdict were found against him, what Bishop would
leave him in that parish for one hour? The action
was, then, manifestly not brought with a view to da-
mages. His client would never have been at the bar of
justice, defending himself against such an action, were
it not that be came forward, or rather was forced to
come forward, as the advocate of the religious opinions
of the people of this country. He was goaded into that
controversy. He had the hardihood to come forward in
this great city, and publicly dared " the saints," as they
call themselves. The Learned Gentleman took to him
self all the blame of baying put into the plea.lings the
plea of the plaintiff's insolvency; he did so that it
might be seen that the action originated, not with him,
but with a discomfitted faction, who, writhing under
the disgrace of defeat, wished to lessen its ignominy
by defaming and blackening their victor. He had
recorded the plaintiff's insolvency to show that the
temple of justice had been profaned, that the false
,and idolatrous worship of the demon of bigotry bad
been set up in that temple, and that the victim of
the sacrifice was to be Mr. Maguire, while the
Orangemen, and the plaintiff and his relations, •were
to be the priestly sacrificers. The Learned Gentleman
then went minutely through the testimony of the dif-
ferent witnesses, commenting as he proceeded in very
strong terms. • The allegations made by the principal
witness were, he said, so absurd, that none but a Bed-
lamite would give credence to them. Such was the
Inundation of this " diabolical conspiracy," as the wit-
ness
herself under her own hand described it. It
was one which could only be invented in the boldness of
insanity. How could they believe that against a man
upon whom the eyes of Ireland were turned, who was
well aware that the rage of party was excited against
, him, such a charge could be well founded ? What,
at the time he put the pride of sectarianism at bay, he
was seeking this Lady as his wife, that he came for-
ward as a Catholic advocate, and a most excellent
married priest. She swore positively she was his wife
At the time she went to England, and yet she swears he
knew nothing of it. The hand of PROVIDINCIA was
manifest here, and the all-seeing GOD displayed the
weakness of this diabolical conspiracy. That was
the first link which broke. Would a man thus cut
his own throat ? When Ann Magarahan went to
England, no whisper against his character .was
breathed :no human being knew any thing about-it ;
and yet the instant she is gone her sister Jane writes
to the defendant accusing him of it. The two let-
ters whick were sworn to be in Mr. Maguire's hand-
writing, he,l4lr. O'Connell, could prove were not.—
Mr. O'Connell commented OD, various passages of those
letters, and stated that several witnesses would be pro-
cloned to-morrow (Friday) to prove that Ann Meseta-
hen had been a common prostitute; that six or seven
respectable individuals would depose that the two letters
produced on the trial were not in the-defendant's hand-
-1 writing.

After bearing Mr.O'Connell, the Court adjourned at
eight o'clock, until Friday morning, when the evidence
for the defence will be gone into, and Mr. North will
reply on the part of the plaintiff.
The interest which the trial has excited is quite un-
exampled; the Court was most densely crowded during
the day: even the vast and magnificent hall in, the
centre of the four Courts was occupied until the latest
hour of the Court's sitting, and it was extremely diffi-
cult to gain egress through any of the passages. Strong
parties of police were stationed in different directions
adjacent to the Courts, and a body of military 9ccupied
the squares and avenues leading to them.

ACQU 1 TTA DAr—Fiunar. -
At half-past tvelve v'clock, the Hon. Baron SMITH
took his seat on the bench. The Jury were then called
over.

mr."H. B. Kelly sworn—Lives in Liverpool; knows
the plaintiff. and is related to his wife by marriage; has
bad opportunities of knowing the habits of the family.
Crow-examined by Mr. Bauxerr.—After which several other
evidences were adduced; and Mr. Noasts having addressed. the
Court at considerable length,
The Hon. Baron SMITH addressed the Jury in a
most luminous charge. His Lordship commenced upon
the law of evidence in a style not less distinguished for
profound legal learning, than for that; terse and
attic character which marks all his productions.—
His Lordship having concluded about 7 o'clock, the
Jury retired, and at half-past 7 returned ino their box
with the following verdict :—.4 We find for the defendant
with sixpence costs."—This announcement was received
with the most enthusiastic cheers.