Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1804-10-20
sHERIFF's COURT, DUBLIN. July II.
JUDG MENT RY DEBUT


JUDGMENT By DEF.zULT.
CATHARINE BTRNE, .. CHARLES FRAZER
FRizEL, ESQ.
This day trial Of very novel and sim
Eular circumstances, and great publ ex-
pe6la,ion, was determined before Luke
White, Esq, high sheriff or the county Of
Dublin, and most rcspe ctable Jury, Sc
lected from a pannel comprising all the
rank, fo,tunc and character in the coun-
~. twas for the purpose ofasscssing tbs
damsgeSin the cause of Catherine Byrne,
against Charles Frazer Fr!zel, against
whom Judgment was obtained by default
last term, in an action Of trespass, for that
on the Sd OF February last, the defendant
with ensign Costly, and several soldiers
under hrs command, broke into the plain
Gd's house at RathfarEham, and did there
commit several outrages, and did as
sauit lie plaintiff, for which she laid her
damages at e 500.
MIR. AT'yNalky, for the plaintiff, Mrs,
Byrnc, opened the pleading with the ac-
customed formalities.
MIR. CslrTGR stated the case OF the plsin-
tiff, in one OF the most eloquent and ami
mated speeches ever delivered b. hm he
observed, that he felt very great pleasure
in seeing that iaudabe anxiety with which
the high sheriff Of the county attended
here on this occasion. That this was one
of the most atrocious, the most insolent,
and the most eXecrabie pieces Of wicked
ness that ever u faction was guilty of since
the creation. II was thought that by .e:-
ting silent judgment so against them by
default, they could have jury coopcd up
before the sheriff, and thereby avoid the
odious public atrocity which would b. O.
therwise generally attached to their cha
raclets. He then stated that the plaintiff,
Mrs. Byrne, was poor, old and feeble the
defendant, young, rich and strong; that
Mrs. Byrne keeps house in Rsthlarnham
where she carries on some little business,
by which she obtains an honest livelihood
the Rev. Mr.. Lcdwich, the parish priest,
her relation, lodged with her, OF whose
character, fer mildness, benevoence, and
generosity, too much could not be said.
@n the day stated in The declaration, he
returned early from his duty, a duty which,
unfortunately from his Ill State of health,
he is BY no means calculated to undergo.
1T about ten at night be was in bis cham
Der, preparing to 60 TO bed when hearing
q confused noise Of voices, in the street,
he went to his window and asked. was not
that Mr.. Frizel, who answered that il was,
and desired him Immediately 10 come
down and 20 with him 10 the guard house !;
he replied, that being ih6rm and asthma
tic, II would be next % death 10 him 10 %
out Ia Inc night a,t but IT, thc morning hc
knew where 10 End him. In drawing his
head from the window, which was low,
there was stroke made At him by the de-
@sndaut wi;h q sabre, which fortunately
dii nd, reach the destination but the blow
struCk deep into the window frame, which
was intended Tor The skull of this inofon-
size man; the guards we're then sent for,
and wijh Frizel and Mr.. Costly of their
head, fred many voliics through ihe win
<iows and doors Of the plaintiffs house
MIR. y. The lawyer, full of those precepls
lie had learned in his study, and MIR. G..
tho soldier, having the sings coat on his
hack, and the kings sword in his hand,
~ itA the most extraordinary selor, broke
Upeu the door Of this defenccless old wo-
mar, and alter having thus DESTROYED eve
r. article Of furniture She bad in The house,
Inc defendant with frantic whence, level
cd blow, With his sword at Miss Ledwich,
niece 90 the priest, a young woman, in
whose face we need bot Ioot to be inspir-
cd with far diHCten. passions, tlan The de-
sire q murder; the GLOW Was fortunately
voricd ID by the musset Of private sol