Irish Assizes.
The Times, 1824-08-19T00:00:00

1. tOrter Was indicted for the murder of - Brereton, on the 24th of January, 1822. Deceased was principal clerk in the mail- coach establishment at Tralee; the prisoner, it was alleged was one of the leaders of a body of insurgents, wlho assembled on thte lligh road, intercepted the deceased, whio was conveying the mail-to the city of Cork, and put him to death: for this offence five persohs Ihad already undergone the sentence of the law-prisoner was thesixth ! who wasjPat on his tria3. The came excited a great degree of public interest. The prosecution was ordere lby bGovernment. The prisoner, even thougii puS on his trial for his life, had no coansel to defend him. He had for his attorney a Mr. John Lynch, who handed up to the Csourt an affidavit, stating, that he could not safely go to trial because material witnesses viere absert. The Judge (Jebb) read the aflidavit, and considered it inconcluhive and unsatisfactory. The agent said that lie was obliged to draw it up in a hurry, and that he was pressed by the Clerk ofthe Crowsn. ar. Harly, the CIlerk of the rown, assured the Court thatt the fact watnotso: the agent was about to reply, when the Court desired that he would not hold al-. tercation with the Court, his corduct was highly improper, he took the last moment to draw up an affidavit, which he mlight bave had previouily prepared, and he had not yet employed counsel to defend hiS client. The agent said he had long before soggested to the prisoner tihe necessity of hiaving counecl, but he was informed the principal witness against hlTim was dead: he requested that he (the agent) might be allowed to amend the affidavit. The Conrt said, that the trial wa,s fixed for nine o'clock this day; at the first day of the A sizes, there was, therefore, abundanee ot time to prepare an affi. davit. His lordship added, that he would not allow the affidavit to be amended; It woult be a practice which would encourage perjury. Trhe agent retired to the next Court frthe purpose of retaining Mr. O'thonncUl, but that learned gentleman having been engaged in othler matters, refused to take the pritbonar's fee. ASr. If. Waloh hortly after appeared as counsel for the prisoner, and the case pro. The hirst witness called was Bryan M'Guire.-Witness recollected the 24th ol' January, 1822; he and the deceased set off from Tralee at half-past five that morning; the deceased went with tle mail bags, because the mail of the preceding day had not arrived; they arrived at Killarney without interruption ; from Killsrney they pro- ceeded for Atill-street; between Killariiey anrd Shinock-cross they met an assembly of persons, who were armed witl nithes and piteh. forks: one had a gun. Thev met no obstruction then ; at the chapel they mnet more than 50 perbonq. armoed in the same manner; here they were desired to halt. Witness halted ; he was taken by the bosom, *iragced of' his horNe, and marched as a prisoner to Shinock- cross. Wh7en BTrretonrsaw that witness was seized, he spurred his horse; several blows were made at him, and stones were thrown at him. Witness saw deceased's hiorse receive a blow of a sithe, which had nearly cut off his hind quarter; he saw the horse after. wards dead en the road. When witness came to the Cross, he was marched to a field, where he saw the deceased; there were many persons there armed like the otbers; the road wras funl of person; - the deceased and witness were then marched into an old road. W'it- ness asked to see the capt.in of the party, in order to get liberty to wash the deceased, as lie was full of bicd; they went into a cabin on the side of the road, but were soon after marcied out. There were two priests on the road. AMr. Sergeaitt GOOLD here obseived, that lie would not unnece-. sarily prolonz the examination; it was enoughi to say that there were two clergymen, who exerted themselves to the utmostof their power to proteci the deceased, and to disperse the crowd. The examination then proceeded.-Brereton and witness were then seliarated; witness was put on liis knees to be shiot, one nan presented a gun at him, and said that he shotild be shot, lest he should hang the whole country: a mnan named Collins interfered and saved him; witneys was jut on his oath not to disclose the names of any of the party; it was added, that if he tdid,thez would put him and his family to death iu, whatever part of the leingilom the! should go to. The prisoner at the bar, whont he'identifies,wns one of the party: fWitness saw ihe prisoner at the moment he was marched from the field out on the road ; lie was on horseba.ck; he had a piece of paper in his hand. Yitness did not see him do or hear him say any thint. Witness was close to lhim for a quarter of an hour. Witness was then put into a house: after having been put there, he heard a shot fired. Witness saw the dead body of Brereton on the Atonday following. This witness wast croas..examined at some length. Daniel Sulliva, an informer, exasined.-Knows the prisoner; rememnbers tle dy in questios; saw the deceased that lar at Knock- agopple saw 1im after at Shinock-crosa~ The deceased was killed there; the deceasedi was cut with a sithe before ha wa shot. Wit' nesa saw him shot. Witnesa heard the prioner, who was cap:ain that day, give directions to some of the persons who have been exe- cuted, to shoot the deceased,or that le would shoot them. In about ten minutes after the orders were giyen, the deceased was shot ; he fell ; after he fell the prisoner dIsmotunted and fired at him.. Croes-examinel-He gave evidence before he was taken up him- self; witness would himself have fired theshot If he were bid; he had no ill-will towards the deceased. ;et if he had been ordered he would have blown pttt his brains. Atter the murder of Brcretop, he had some apprehension of being hanged himself; he swore informa. tions abouttwo years ago; he swore againtt seven persons. five of them have btri executed; he got the cpt lie Asd on frdm Goverti inont. We does.riot correspond with (*oiernmeit, (A 1sughj ' He got money to buiy it; the deceased was put on hte pinees,and diWred to s9y some prayers. MVichael Foley, who was exectted; was the personl 'aho cut off Brlr' ons arm. Patrirk Flynnh a xoldierin the 29th regiment, fonanu ibe body of the deceased. at .hinockelcroas; thebodywasionits-leftaide. one of thearmswas cutoff' thfebodywascooered bith won' f 'k feet to the head.q $ onsfoa~z Georg6 Rice; W'iolic"main, arieatedlthe prisoner at Stagmouns, on tie 7th of. Jube last.' . e t John Kiely.-Isefcief constable. The prisoner-A$ gve'up 96 hism. -le told witness that lie weuld he prosecuted because 73reaT M'Guire knew hihm at the afiair of Carigeneni. oross-exanilded_-:?es nof know how. far that place is from Sbij. John Ly,nch, for the prisouter, stated thatsthere was 4 battle at Car.; rgenetae. which wts eleveii msils'froi ti ch. Witn"ess caninot say that Carrigenemsand inch were knowai by the game nasmc. Inch and Shinock-crossmare near each .oiher.j- Theecase having clbsed, th'elearned Jutei chated the jus 'qry ho, .1erf: feQ fninutes' delay, 'rbteueed a verdict of uJUy. The learned Judge now prozeeded to pats tue awfu sentence of the law. He told the ptisoner that a jury of hia eoontt had founds himaguity; he be acted uv thel(rdals of a,aYd.bf riais ho commiLted one of the.suost,crtel nd coward'y murderna h O4 been ever cornmnitted even in that unfotunate country'; For the proceetdings of thut.day five person5 hal already.suiIbot.te:nnae o. he prisoner would bb shortly addea to the ntunder.' dic le4 Judge then proceeded toeiilarge. on tho unhappy dtsturbsnces witch iad~agitated that eountrty and which he tmsted awere w atas1ehd Se then eatrnestly besoutgt the prisotiei to turn his mind' from the transactions ofhis wrlda nand to fix all his thought< on antiicr lie atlvised.hum toliaten to the advice of his clorgyvand to week, throNigh the merits of his Redeemer, for that mercy 'hics h'ecoaldnot ex- pect at the hands of any human tribunal He oneluded by pto, oltuncng the sentenrce of the law, that the prhoner be hangel on 'M tonday, the 16th of August, and his body delivered up to tbe surgeonil. The pritoner heard the terrific sentence with great firmncss and composure, aad bowed respectfully to the Court. CONVICT1ION OF A 32G1STRATE FOR PERJUkY. The next case was the trial of Edward Orpoln, Esq., a gentleman who lied servcd for a great number of veam s maristrate of the county of Kerry, and was put upon his tral for wilful and eormupt perjury. fie was found guilty, end sentenced to traqsporm.tion for seven vearS. IfISH AXSSIZES. TRAIjEE. AUGUST 13.