The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1833-07-30 00:00:00

THE MURDER OF THE REV. MR. WHITTY.

James Daniel and William lll`Clean were placed at the bar,
for the murder of the Rev. Irwin Whitty, Rector, of Golden,
on the 25th January, 1832, by William M'Clean's casting a
stone to and upon him, and that James Daniel was aiding.
Counsellor Scott—ln this case, the prisoners at the bar are
indicted for the murder of the late Mr. Whitty, one of the most
atrocious and frightful murders that could be committed by
man. Gentlemen, I am confident that you will examine mi-
nutely the facts of this case (as you are bound to do in the
discharge of your duty) to learn how far the prisoners now on
trial are implicated in this murder. Gentlemen, I need not
tell you it occurred at a period when considerable excitement
kink place relative to the payment of tithes in this county.—
Daniel, one of the prisoners, being a parishioner of 'Mr.
Whitty's, a balance of tithe remained due of him which he
refused to pay, assigning as a reason that he was afraid to pay
until others in the parish did so. Gentlemen, the other pr:-'
soner, M'Clean, was the servant boy living with Daniel, and the
deed having taken place on the 25th of January, 132, nn the
evening of that day—it will be proved to you that Mr. Whitty
was seen in the evening of that day neat Daniel's house—and
it will be also proved he went up to Daniel's house, weakened
in bodily strengh from the exertion of walking a few miles ; it
will appear that M'Clean assisted him over the wall and brought
him to the house of James Daniel. Gentlemen. Mr. Whitt),
was seen by some young people passing through stubbles in
Daniel's premises, particularly by a girl named Anne Daly—
that girl was done her work and went home, but in half an
hour after those children saw a man dressed in a flannel
jacket, straw hat with triheens, without shoes, running rapidly
i'y the high hedge of the field where they were pulling stub-
bles. Counsel then detailed several particulars which are
given in the evidence. Gentlemen, at Coffee's house, M'Clean
was seen changing, his shirt on Wednesday evening; he was there
dressed in a straw hat, triheens, &c. ; M'Clean denies he wore
any such dress; he wore in the early part of the day, a black
hat, but when at work it will be proved he wore a straw hat; he
denied having left Daniel's house that day. After all inquiry
was made, what evidence could throw light upon the character
of this atrocious deed; M'Clean absconded, he proceeded to
Limerick, and was arrested in the office of a ship-agent when
about agreeing for his passage to America. Gentlemen, I
know you will discharge your duty fairly and firmly, and the
only question yonwill have to determine is by whom this foul
murder was perpetrated.

Anne Day, the first witness, came before the. Court crying—
she said they frightened me, and said, they would send me to
the gaol I told every thing; they kept me and sent my sister
home. Remembers the day Mr. Whitty was murdered ; was
gathering stubbles; knows where James Daniel lives; saw Mr.
Whitty down from her going home to his own place; James
Daniel's house was off where she saw Mr, Whitty; he must
pass Daniel's house by the path going from the glebe ; saw him
go towards Daniel's house ; remained at work half an hour af-
ter ; when she saw Mr. Whitty he was two fields from Daniel's;
heard of Mr. Whitty's'Murder next evening; there was a path
to the stile lending to:Daniel's; she continued crying and said
my Lord will I be let hoine now, 'tis the least they can do, they
Kaye me taken one year and a half.

Connor Neal--Was servant to William Daniel, brother to
James Daniel; the prisoner lived with him four, years and a
half; was herding -his cows the day Mr. Whittv was killed ;
brought his cows home about sun-set; saw James Daniel about
twenty or thirty yards from his house; he was in company with
William M'Clean, the prisoner, and Pat Bourke. brother-in-
law to James Daniel; went up to them, when W. Al`Clean
said "Parson Whitty was killed up in the gardens in Michael
Hogan's ground ;" James Daniel said it was a pity to have
Mr. Whittv remain out under the cold of the night, and he de-
sired William M'Clean to go up to the glebe h 4 use and let his
family know he was there; witness went part of the way with
M'Clean; on the road M'Clean said, "If there was any of the
breath in him he would hit. him with a stone;" witness asked
M'Clean what reason he had to Mr. Whitty, as he was not
paying either tithes or taxes, it would he cold blood; IVl`Clean,
in reply, then said he would not do it; 'twas only to know what
witness would say ; we had to pass near where the body lay ;
M'Clean brought witness to the garden ; it was after sunset ;
they Etcod some distance from the body, but could not see it
Plain; there were stones near the body, and blood on the stones;
he was bleeding out of the temples; the rattles were in his
throat; his hat was out two or three ridges from where he was
lying on his side; part of that field belongs to Michael Hogan,
the other to James Dwyer; a person standing in Dwyer's field
would see into Hogan's; witness did not go to the glebe ; he
was afraid of being sent tb the police barracks ; he told
M'Clean he was in dread, 'and so went back to Daniel's house;
*Clean went to James Daniel's; saw James Daniel at Wm.
Daniel's half an hour ; he asked witness did he go up to the
glebe house; witness replied he did not; he got in dread when
he saw the body; James Daniel replied as he did not go, not to
he the first to speak of it to injure himself; went to bed early
that night; Andy Sullivan came and desired the people to get
up and look for Mr. Whitt}, about the garden; pointed out
James Daniel and M.Clean, as the persons who were at Wm.
Daniel's house.
Andrew Sullivan, on being handed the book, addressed the
judge,—My lord, I can't take the book unless I perjure myself;
I was out fishing, two armed men met me and compelled me to
swear I would not give evidence. If I now swear, I will be a
perjurer.
Court—Witness, any oath taken under such circumstances
is not binding; an oath when compelled by threat and intimi-
dation cannot be the slightest difficulty in your now swearing
to the truth; I command you to take the oath.
Witness—Am I to be shot, my Lord Judge ?
I have no power to shoot you, but I am armed with power
and authority to punish you if you now refuse.
AVirness—My Lord,,-Twould- rather be hanged than take the
oath : I am willing to bear any punishment before I take an
oath here.

This witness was committed by the judge to abide the conse-
quences of a refusal.
Christopher Clayton—Went in search of Mr. Whitty between
the hour of eight and nine o'clock at night; 'twas rumoured
about Golden he was missing, and a number of men proceeded
with lighted 'candles; saw Andrew Sullivan that night; went
to James Daniel's house; 'twas not an hour after leaving
Golden when they called at Daniel's house; witness went in ;
the family appeared to he in bed; the candle was lit and Bill
M'Clean came out of the room; witness asked him (lid he
know any thing of Mr. Whitty, he said he did not; his shirt
appeared clean; he came out to witness in the act of dressing;
recollects the night, Wednesday night, 25uh January; M'Clean
now told witness he took Mr. Whitty down off the height at
James Daniel's barn to that place, and that there was. no more
'substance in his body than a sheet of brown paper, he was so
light; witness had a conversation with James Daniel—he told
him that Mr. M'Clean Was the person who. took Mr. Whitty
down when coming to his (Daniel's) house- Daniel thrther
said "that when M'Clean called him at the door he thought
it was one of his cows was choaking, and to his great sur-
prise it was Mr. Whitty that was there ;" he (Daniel) went out
to meet him; Mr. Whitty said whatever is the reason of it,
Daniel, 1 find myself very weak, ever since I left Davern's;
Daniel replied the evening is inclined to frost; your Reve-
rence, we have got a good fire in the room, and if you would
walk in and take an air of the fire it would serve you.—
Daniel told witness Mr. Whitty did go in; witness said I sup-
Pose James when he was leaving your house you went to convey
him part of the way; he took witness's party up through a gate,
and shewed the place he said he parted with Mr. Whitty; they
had candles • 'twns after crossing the stream that Daniel shewed
him the spot; at this time Witness could only see a few yards
before him; the whole party scattered about the ground and in
less than an hour's search the body was found below the Glebe
near a sand pit ; he lay on the ground, his cane and hat near
him ; he lay on his hack, his face all swelled, and a scratch on
his temples; the life was in him; witness was not the first up
on finding the body; witness was well acquainted with James
Dauiel,he was his.schiml fellow. and when he came to his house
he addressed him as a respectable farmer; witness was one of
Mr. Whitty's congregation, and was anxious to discover his
body.
Constable Philip Cleary, was stationedin Golden, arrested the
prisoneri itt'Cleari in Limerick, in Mr. Spaight's Office, a 'ship
owner, on the oth May, 18.92;. he was arguing with the clerks
for not shippinghim on the Bth according to promise.
Dr. Fitzgerald. Stipendiary Magistrate, was examined at
great length res-oecting confessions made by the prisoners; but
nothing material was elicited from his testimony.,
Witnesses were examined as to the &praetor of Daniel, and
gave hint an-exeellont one.
The.jury.foutathe prisoners not guilty.

Emporto.

WEST INDIES AYD MADEIRA,

Mary, Nelson, fm Demerara, with 184 hds 18 tes stigar, 2i tea IF3
bgs coffee, 83 bis Cotton, 1.200 th old copper, J Bolton-15 has sugar,
Sandbacb, Tinne and co-118 hds 12 tcs do, C W and F Shand-16 hds
do, 4 pas rum. N Waterhouse and Son-21 be coffee. R Semple-53
bas F cotton, Cavan, Bros and co--K Dk
'Superb, Clucas, fm Jamaica, with 242 hds 41 tes 1 brl sugar, 145 pns
rum, 23 tes coffee, 4 tes cocoa, 32 tits 9 tin es arrowroot, 68 bps pi-
mento, 22 his cotton, 53 t logwood, 5 t 10 c fustic, 90 dry hides, 3 kgs
tamarinds, 4 bxs books, J B Yates and co-3 tea 4 lugs coffee, 20 hds
sugar, 1 ck ginger. 186 bxs arrowroot, T Hatton, juff—lS tcs coffee,
J Hall and co-60 lids sugar, 20 pns rum, It BaFott-14 hds sugar, 6
pus rum, .8 and G Campbell and co-7 hds sugar, 9 tes 1 brl coffee, It
Addison-5 tcs 1 brl coffee, Jones, Mann and co-10 hd,s ruin, Moon
Bros and co-65 pns do, J Timperon and co-35 pns do, 230 bps pi-
mento, Gibbs, Bright and co—P Dk

AFRICA.
May, Peel, fm Africa, with 1424 cks palm oil, 5 fms firewood, J
Tohin—P Dk

Governor Findlay, Hiller, fin Sierra Leone, with 1 hx arrowroot,
2 bxs Cayenne pepper, J Irvine-165 lags teakwood, 67 t clrlWOOl,
onier-4

SOUTH AMERICA.
George, Wright, fin Nlaranham, with 76 hgs cotton, T F Dyson-
-750 hgs do, Moon Bros-50 lygg- do, Duarte Bros-60 hgs do, Cotes-
worth and Powell-567 box do, 13000 unrated nuts:, 'l' Hesketh-1 tnk
books retd, H Glynn—Q Dk
- Arab, Lowe, fm Lamana, with 8 ca vanilla, Anderson, and eO-175
t logwood, F Gouthwalte—River