The Statesman.
London, England, 1820-08-12 00:00:00

HORRIBLE

Castle Roshen, (isle o! Mao.) Jiily
'nu? lit:Nt; D. turn tan ni.3t Nutty rioN.

Ttte Lieut.-Governor took his seat on the bench, httsing
t! e Nan. Demmer Uawne on his right, and the lion. Deem-
sier M•llutehin with George Quirk. the 1% ater Bailiff
or Admiralty Judge. on his left.
The Indictment eharged the prisoner with having, on the'
10th of May, in the first year of his present Majesty's reign.l
and at various other times, with force and violence, feiu-I
L.ously committed a rape upon one Maria Templeton. at
contrary to the form of the Statute, he. The of-
fence ass lald in two different counts.
To this indiettnent the prisoner pleaded Not Guilty.
The Jury having taken their places, the Art neer,-
Cr N rit•L stated that the prisoner at the bar had been con-
fihrsi for debt in Castle Rushee for upwards of two seers ;
that he was subject to attacks which, under the direction of
a medical attendant, rendered it necessary that some of the
prisoner's family should be permitted to sleep in the room
with him at night ; for which purpose two beds were in
his room. in one of which the prisoner slept. and in the other
Swithin N bite, a step-son of the prisoner's. aged about 14
veers. and Maria Templeton. the prisoner's own child by
Templeton (who •as the widow of a Mr. White), a girl
about le years of age, on which girl the prisoner had cow-
in,:ted the foul cluing, wherewith he then stood charged.
T.itt Attorney General went into the further necessary per-
tiyulars, and concluded by adding, that he regretted to be
•idiged to go through in such a way almost harrow up the
feelings of the enfortuuate prisoner at the bar, who he un-
dr• stood to he a man of previous unimpeached character, a
toeuther of the law, and of • family of respectability and
epn'ence in Ireland.
Mr. Jun% SYsenast, Counsel for the prisoner, said, that
th- indictment was, in his opinion, insufficient in three
points, namely• time, place, and particularity that as to
Cute. it was rioted to berm the 10th of May. in the first year
of the reign of his present Majesty King George the Fourth.;
without adding Mr year of our Lord. the latter of which be
considered to be indispenslbly essential, and the absence of
it fide' le the indictment; that the place laid was the perish
of Metes.. without adding in what house or certain plum
within that parish, which was also necessary •; and that the
si-zrnu count, or confineende, which charged the offence to
its .e been committed at divers other times, was too general,
mis: therefore was not to be considered a count to which the
es idenee to he adduced could apply.
The lion. Darns-rite tilswet haling declared the opinion
of :he Court to be against the objections taken, the Attorney
tieneral proceeded to tunable thew itnesses. The first was
Fitzsimmons, the jailer of Castle Husiten, to whom a
communication had been made by some of the prisoners of
seiat they knew of the circumstance, connected with the dia.
coJ tn. and afterwards the prisoners themselves,
Next, Jane grew. the prisoner's sensor, who on the fol-
low lug 'miming offer the outrage had been first committed,
fuond the child standing naked and crying in an outer room
nit that wherein the prisoner slept, and on which morning
t r child not only complained of the outrage, but also re-
sweets-It to he removed from sleeping in her father's room,
witness stated tl at she informed Mn. Templeton that the
e :ild was ill used.
eth Quirk, to whom on another day a similar com-
m. nication was made by the child was next examined; this
.:s.ess stated that she Lad informed Miss White of whad had
occurred, and from feelings of humanity towards the child
h.n.i offered to give half her weekly wages towards paying
fcr a bed eat of the Castle, if the childwould be rensos ed.
The next witness was Maria Templeton, the child on
r horn the outrage was committed ; et the production
of whom, a feeling of general horror seented to pervade
erery person in the Court. On the part of the prisoner,
an objection to her bring sworn was made, on the
grounds of her youth and presumed ignorance of the
nature of an oath ; flee child appearing, notuithstand-
ng her infant years, tuber el: aware of the consequences
of false %wearing, the objection was overruled by
the Court, and her examination proceeded with, in the
course of which she bed to torn round and identify her
violator and father! Over her testitnonr, as well as
that of Marron Jones, who was also examined, we must
throw a veil—both were distinct, unequivocal, and in
many yens, horrifying—but they were more than sufficient !
Mrs. Creels. a ife to the turnkey, and her husband, were
else n eautiarsi; their testimony circumstantially com-
b rated the evidence of the child.
‘leigwaret Coyne and i'liz. Cirrin also corroborated the
testimony of the child, and proved that she had made com-
plaiats of the outrage committed upon her.
In the prisoner's defence. !(within V 1 bite, the son of Mrs.
Tempi. ton by her former husband, was sworn ; he was • boy
c: :dont 14 sears of age, and as stated by the Attorney -Ge-
neral in the outset, slept in the room with the prisoner, and
generally in the bed with the prosecutrix Maria Templeton;
by kis evidence it was attempted to establish that the child
Maria had stated to the w Bares. that whilst she resided with

aurae In Ireland. end before she came to the isle of Man.
(.1 hiefi was about le months since,) she had been prostb
Wed; else that she had on one occasion since her arrival in
the &stead. taken an indecent liberty with some little boy,
from wham:ether levity of disposition might be inferred ; but
short. the evidence of this boy was so evasive. and his
account of what be knew of the transaction so different from
t at previously given by him to Mr. Kelly, the Iligh Bailiff
• : Castietown, on his hest examination Before that Magic-
I. ate. as rather to embarrass than assist the defence.
William Shimnsin, a prisoner in Castle Rustle'', was next
celled; his evidence was in favour of the prisoner.
John Wade. Mark Author'', Mills, Thunias Vincent. and
Tboutas O'Reilly. Esqrs. Major Gordon. Captaiu Fleming.
and the Rev. William Christian, were severally sworn, and
eerosed as to their respective previous knowledge of the
prisoner's character.
The lest witness sworn, was Robert Kelly. Esq. the Ma-
glotrole before named ; he deposed that, upon his first exa-
mination of Maria Templeton, she denied that she had been
siolitted by her father; but that afterwards when examined
upon oath, sad the nature of an oath full' explained to her,
she stated the matter exartly as she had just stated it to the
Court. and that from thence she aster 'stied in her state
meat ; be also deposed that Swithin W hits on his examina-
tion before him, declared that he suspected something im-
proper was going forward in the prison between theprisoner
and Maria ; that on examination 4within White prevaricated
mash ; and that though interrogated closely as to every cir-
cumstance respecting the transaction, be never hinted at the
arty be told ht the Court that day. of Marts having ad-
mitted to him that she had been prostituted in Ireland before
she cease to the Isle of Man.
Mr. STRPRIIR then addressed the Jury. Ile urged the im-
probability of the eommissioa of the crime—the uncertainty
of the evidence in away respects—the contradiction of the
prosoestria by her step-brother.Swithin White.and therefore,
that the Remind moral character of the prisoner was to be
thrown into the scale of mercy, and that he trusted the Jury
would !wing in a verdict of acquittal.
To this argument, Mr. Cuaninithame made a short reply.
The lion. ihashrras Damns then addressed the Jury. la
the course of his address be said, that the °Renee with which
thn primmer wmeharged was not incest.
The Joey retired to deliberate for half an hour; wises they
returned to the Court, their names being called over. the Roe.
Mesmer Guns, maceedieg to the forms of the Manks law,
pot the following "mottoes to the Foremast—Rave you
agreed to your verdict? On being aaawered in the sins-
tire, he thee said, " Ved for efistere safe r• to whieh a
Negative answer Whig gives, the Rev. Vicar-General Stephen
and the Rev. William Chrtstiu withdrew hos the Court.
Atter the Clergy had withdraws, and the prisoner spin put
to the bar, the Foreman delivered a verdict of Nifty, and at
the use time hogged to recommend the risower to
mercy, on the grounds of his previous good character.
The 'verdict was recorded. The primmer was then

• Cs% the Yam at the Alter keep Al. Best f—Tble few
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which that It wield be Improper fora Moister
of tie CMtr to node las Court who a seatenes fee shed-
dies be Wel of moo was to bedErset. 'fie Leed
Labe% soli Iforregelbe Ilio The of die Bleesse,
It osessury Wiseat of Ike alitereliail Do-
ling.