Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1868-06-04
The Informer's Testimony

even IL cOrrODOrated Dy preSump
tive evidence, has seldom beer
more strongly exemplifed than ii
an Irish trial which occurred a
the Kilkenny assizes more thar
forty years ago. Mr.. Marum, ;
small landed proprietor, and broth
er to the Roman Catholic Bishop
of Ossory, riding home with hi;
son from the city late one evening
was, when within a mile of his
house, fired at from behind the
hedge at either side of the road.
The old man fell dead from his
horse; the son escaped. At the
following assize six men were
put on their trial for the murder
of Marum. Among the prisoners
were two young well-to-do farmers,
brothers, named Marshall, whose
characters, previous to the accu-
sation had been unassailable.
Their arrest on such a charge
created an extraordinary sensa-
tion. They assured their friends,
however, that they could bring
forward irrefutable proofs of their
absence from the scene of the mur-
der when it took place. So GER
tain did they make of acquittal
that they invited a few friends
home to supper on the evening of
the trial. The informer swore
point-blank against all the prison
ers. The whole six had partici-
pated IN the crime, and all had
fired shots at either father or son.
The counsel for the prosecution,
In confirmation of the informer's
evidence, relied upon the fact
that two guns, which the informer
swore had been borrowed from
him by the Marshalls, where found
concealed on their premises, and
ou the testimony of another wit
ness who overheard the Marshalls
use threatening words to old Mar
um a few days before the murder.
Both this witness and the infor-
mer were submitted to a severe
and searching cross-examination
without their testimony being sha-
ken in the least.
All the prisoners called witness |
IS to prove alibis. The witnesses
.or the Marshalls swore positively |
hat they were miles away from |
he neighborhood when the mur-
ier took place. This evidence
'emained untouched in cross-ex-
lmination. In every other case
he attempt to prove an alibi was
defeated by the Crown counsel
Every witness broke down lamen-
ably. The counsel for the pris-
ners were paralyzed, and made
,ut a feeble defence. The Judges
barge was decidedly adverse to
ne accused. 1t was evening
7hen the jury retired to consider
heir verdict. At the end of two
ours they came into court to ask
question. They could agree
My as to three of the prisoners.
hey were sent back, and were I
} much at variance as to the YER I
let, that they were locked up
" the night.
The judge was summoned to the |
'urt-house at eight o'clock next |
forming. The verdict was gull
against alf the prisoners. They
ere sentenced to be hanged in !
ght-and-forty hours on the spot |
here the murder had been com. t
itted. Two days after the tri-
, about five o'clock in the morn t
g, a large concourse of people v
I'd assembled around the county Q
lit. Three companies of soldiers
rrounded three carts drawn by !.
le horse each, All at once, the !
lson gates opened, and the con- :
mined men advanced from the I
terror of the Jail towards the :
rts, two and two, each couple !. !.
AIDED by a priest, who read :
'ud the prayers for the dead; the
ngman, masked, following be. !,
nd. The Marshalls were in v
mt. As they approached the o.
Ter brother bounded into the te
Arrest cart, and, standing erect, u
Us spoke aloud, and in a firm
ice:-"I am bound to appear in
presence of my Maker. I de- th
re most solemnly | am as inno- OF
1T, in act or thought, of the W