The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-10-20
sHERIfF'., COURT, DUBLIN, July IA.
JUDGEMENT BIZ DEFAULT

zIL, ksQ.
This day trial of very novel and fingular cir
cumitances, and great public expedition, deter
mined before Luke White, Efq. high fheriif of the
county OF Dublin, and mott repeStable jury, fc-
ieeted trem Pannel computing all the rank, for
tune, and character in the county. It was for the
purpoie OF aeiiing the damages in the caue OF Ca
tharne Byrne, agana Charles Frazer Frizel, agarst
! whom judgement was obtained by default laR term,
in an action sreipas for that the Sd of February
lat the defendant with enlign Coitly, and fcveral
| folders under his command, broke into the plain
tiffs houie at Rathfarnha, and did there commit fe
ver outrages, and did aault the plaintiff, for which
| The laid her damages at E. 500.
Mr.. M'Naily, for the plaintiff, Mrs. Byrne,
opened the pleading with the accuhomed formali-
ties
Mr. Curran stated the cafe Of the plaintiff of
the most eloquent and animated fpeeches ever deliver
him he obierved that he felt very great pleafure
IN ieeiig that laudable anxiety with which the high
iherH Of the county attended here on this occaion
That this was of the atrocious the mos,
folent, and the execrable pieces of wckednefs
that faction was guilty of lince the creation
was thought By letting ient judgement go against
them by default, they could have 4 jury cooped up
before the iteth and thereby avoid the odious pub
lie attrocty which would be otherw1e generrlly at
tached to their characters He then stated thar the
plaintiff, Mrs Byrne, was poor, old, and feeble;
Byrne keeps houfe in Rathfarnham where ihe car
ries on ione little buineis by which ihe obtains an
honest livelihood the Revd. Nix. Ledwich, the pa
nth priest, her relation, lodged with her, of whole
character, for rildnefs benevolence and qeneroity
TOO much could not be iaid On the day stated in the
declaration, he returned early from his duty, duty
which, unfortunately from his i'll state Of health he
is by no means calculated undergo. AT about ten
at night he was in his chamber preparing 90 to bed
when hearing coniufed noe of voices, in the street.
he went to his window and affixed, was net that MIR
Frizel, who anfwered that it was, and delired him
immediately to come down, and 90 With him to the
guard houie; ne replied that being inrn and asth-
niatic 1t would be next to death him to go out in
the night air. hut in the morning he knew where TO
h,d him. In drawing his head from the window,
which was low, there stroke made Il, him by
the defendant with fabre, which fortunately did not
reach the destinations but the blow struck deep into
the window frame, which was intended Tor the ilul
OF this nolenive man. the guards were then tent for
sndwith Frizeland Mr. Costly attheir head fired many
voes through the windows and doors of the plaintiffs
houe.--Mr. F. the lawyer, full Of thoie precepts he
had learned in his study, and Mr. c. the folder ha-
ving the kings coat on his back and the king fword
IN his hand withthe moi extraordinary vaour broke O.
pen the door OF this defenceleis old woman and after
having thus destroyed every article of furniture ihe
had IN the houie, the defendant with frantic violence
leve!led blow, with his fword at Nif Ledwich. niece
but look 20 be nfpired with far different pailions
than the deilre OF murder the blow fortunately
warded off by the nulket of private folder.
lhree women had been praying in adjacent
room, and preparing for that instantaneous death that
they thought Observation-Disclosures were fred through
the priefs bed-the ticking was pierced with fwords,
eonceivrg hun to have been there after he made an
eeape over the marquis Of lys wall, fifteen fee: high
aud glafled on the top, fave his life, and remained
there on trcisy night with habtual afthrrla until
morning. that he returned tohis lodging, and perceiY
ing the hsvock that was made, thanked God the peo-
pie did not fired with indignation attempt any thing
contrary to the law that he had no doubt, but the
government would uie every effort, would ffran E.
very nerve to bring punhnent the perpetrators of
this exeerable wckedneis but, to his aaonifh-
nent, nothing was DONE not Jingle proclamation was
iiued, not Jingle fep taken. The grand Jury
did as they onght--they Immediately found the bill {;
but other people did not behave as they ought. Il
can tel! you, laid Mr., Curran, how was received
at the other de Of the water when they heard that
man, with capital felony charged again him fhould
be admitted bail bur 70 it was-fuch is the age in
which we live. He took his trial-he did not attempt
to prove any thing in paiation of his cr;ne--he ap-
peared, as mourning pentent, by his tears, ex-
Plate his guilt. There verdict ofaccuittal the
jury, i,amortai may they be carceIy waited for their
names to be called over, but alnof pesOti their
verdict of acglitta What was their reafon for do
gotry, which has been the bsnc Of hs country, and
which no man was poile8ed of but too! or an
al, they thought it victory. They beng them
ielves OF one party thought il Deceive victory gain
ed over the other. The plaintiff has brought an ac-I
ton againi Mr frizel as TO Mr.. Coaly we all know
what was his fenience but can tell you ore--he
IS to he liberated. 1t thought thai pirited young
man Ike him fould not be doomed 70 oug to CON
hneinent he i'to be liberated, and thereby give a.
mother vaorY to that party who think they have al
rsidy gained one By the acqital Of Mr.. Frizci. Il
IS only waited for until you hal denean yourfeves by
gi"ing vcrdd limiar to the jah, for three or four
pence perhaps the price of pot Of beer that he may
nt liberated, AND the whole affair may then req in
total oblivion. You nov Handing your own tri-
a. You have it in your power to debate yourfeves
IKE the former Jury TO atone by this your hone
verdict, for the degradation O. the name of Juror Let
me give Won my advice, fay advice for shink am
mt liberty togve it, have had in my power to- tie
you up ~ bundles TO bring you to market and raiie
my'ef ny the iae but ohuie rather to ilay anonyn
You On 'hiS oeeafon think have right TO give
you my ai1iec. You give but 50O YOU cannot
again indiet the offender il is pah You cannot re-
tract the verdiGt Of aequtta, it is past Yon cannot
prevent the pardon and promotions Of Mr.. Costly,
ti.dt IS past; for yor might well attempt by put
ting your foot upon the earth to ssop It's crcuuvou
tio1 as TO stop the determined and well earned par
don end promotion Of that most excellent Young man
do hope therefore, that as much ss is in your power
you will give, that is, the full amount Of the ds.
ms zoe IsfN w. y - IL.