Lord Clermont.
The Times, 1824-10-28T00:00:00

1 At length we arc able to give (froni the Dblhicl, ilfo;ning Post or Sattirday lat) a tolerably full report of t lc trial of thi8 Nobletmat) f.r two assaults. The cxtrcnie inmportance of the Ca8c will justify iw for remirrine to the subieat.1 Thii mnrning the court-house was crowied to excess, in expec- tation of the above trial coming on. The following magitstrates ap- peared on the bench withi the Assistanst Barrister(Francis Hlamilton, ESq.):-Right flon. Farl of Roden, Sir Edward Bellev, llart. - W7allop Brahazon, Turner> lacan, and Joln Al 'Clintock, Esqrs. Rey. (Oervais Tinlay, Rev. - Wright; Thomas Lc Norman, fenrge Foriter, Lennox Biggar, Alexander Rogers, an(d Matthew O'Reilly, Bsqrs. A hoUt one o'clock the petit jury panel was called over, when the following gentlemen, being the first twelve who appeared (with the exception of one who was set aside by counsel on the part of hiis Lordship, he having alteady expressed an opinion on thc case), we re * woTr Cal,bZatitn, EdwardI Verdnn, Peter Magrath, Matthew Gar- stlin,.:ohn Farrel, James Sherry, .Jame (;rant, Alex. Parker, Joseph Elph;.stor, Patrick Kelly, Jaames (iilmcr. Joikenh Parks. CharleksWilliazm Lord ri.tcount Clermonl was given in charge for teo assaxtlts, one on AVilliam .iMarminn (azed about 12 years), the oher on John Alatmion, jun. (aged about 14 vears.) Mr. O'HAeMLoM opene(l the caie : for the prosecution. Hle said he felt painedl that a nobleman of ILord Clermont's exalteti rank, extensive property, and great consequence, should have so far for- gotten his rituation as to have subjected himself to a prosecution tuch as tihe present ; and however he (Mr. O'Hanloa) might be Rupposed to sympatlhize ssith his clicrtt, it was not with any feel- itg of exultation, or allicd to exultation, that he now rose to state the case against Lord Clermont. There was no Qone respected the Peerage dnd the privilege of the Peerage more than he diti. It Psa (he sti3l) one of the noblest branches of our happy constitu. 'tm,and onc of the best bulwarls of tilC peasant'sliberttes. lie then Proceeded to statc the case as it afterwards appeared in evidence. I% the course of his statement he had occasion to speak of lIordl letrmont's following one of the boys, who were to prosecute himn, ttto his father's house. "Any one would have supposed, gentle. 5itt," said the learned Counsel, " that when a noblemiani of 1Lord Citosont's exalited sittation entered a poor moan's cottage, it would lt for eharitable purposes, to alleviate his smifferings, sooth his drt5resis or adtniniater relief to his wants; but, no, Gentlemen, ttan to inflict chastisement on his child, and liorsewhip him in the presence of hit itht'er who stood hy,a sileit spectator, till betiw onwe blow Of more titan ordinary fe ree; wheni he exclainmed ~')r LXord, I am afraitl voti have broke his arim.' What was LOrd 3demaont's reply ?-' No matter.' " The learned gentleman centl5UCd hi 8 Ietail of the evidentce, and stated that the parents ?r t13l clidren had applie(d to 1Ir. Biggar, a magistrate of this tuflty, who declined acting in it, but referred them to the Petty 9i%eionxa inew but very useful and salutary imiode of' adminis- tern5g justice lately instituted-where the magistrates have, in additon to their own indivi(dial abilities, the advantage of the taltet and information of each other. He concluded boy stating '4st the law was, according to the best authlorities, withi respect P3 3satlta, and then proceeded to examinc his witnesses. M1lliam saatrion sworn, and examined by Mlr. O'HANLoN.- J't;7 not kfpow the name of the mozinth; recollects last Saturday six weeks,, about oine or two o 'clock wasq herdling a cow: wd yn up against a dlitchi saw' a gernthanilan coming in a gig towrads n Witk did not know who he was1 has heard since he was Lr Clermoint. [Identifies Lord Cleernont as the. pertsonwo hea4 There wast a horse and cart going alon h odcwrsNwy no personi leading it; Lord Clermontlae u f i i n neized the horse; the carrnaan camnetoradhedtem pe; don'lt know wvhat they said. Lordl Ciermn aldwtes n e sired him to take the horse to the pound ;wittoess said he wvould not, he was herding.the cow, and if lhelellt her she would go into the potatoes. LordI Ciermont desired witness to go for Arch Craig; witness would not; hie did not ktnow Archy Craig. Lord Clcrmoht desired his. hrother John to go for Arehy C0raig, the constable ; hie refused, and ran into the field. Lord Clermont ran after himi, and caught hold of witness by thie collar of the coat and brought him to the Toad ; dyove the cow before him ; asked witness who owned the cow ; witness saidI Jolin Marmiion. LordI ClerMont broughit witness near the gate, and slashed hiim several tinmes with his whip on, the feet;- he had no shoes or stoickinigs, on. LordL Clerimont endeavoured to drive the cow across the ditchi on the roadt; the cow was on the top of the ditch ; witness was afraid the cow would be huItrt, and ran and opened the gate; when the cowv saw the gate open, she came down ofW the ditch andi went out of the gate. Lord Clermont drove thle cowv up part of the road and left her there, witness dtrove her into his father's yard. Lord Cleamorit followed the rart a little dlisance towards Newry, after which he retuirned and camne towards witness's father's house; witness's br-otlher John, who was in the yard. rani into the housRe andl up the stairs; witness followed him, and, ran up stairs also. liord Clermont entered the hiouse, snd game up stairs after them, on which witniess went out of thse raoom witness heard his brother's cries after hie went out of the moom, Cross-examinod by Mlr. STELEL.-Lord Clermont flrst ordered witness to put tbe horse in the pound, and next togo forArchyCraig:, he asked witness whio owl:iW the cowv. 'Pherd was is borse on the road side. liordi Clermont did not ask vwitness whose horse Rj vva -lid notat ny imeaskhim any thing about the horse;- his;ro ther was snear hlim when Lord Clermnont came up first, Lord Clermont could nut have aiked any question when he game tip firs,t, tltat hiis brother could not hear; the first thing Lord Clermont asked him was to impound the horse; witness said lie wouild not. he was hierdling the cow, and she would go into the pota- toss; witnesr. was sitting on thie ditch ; his brothe- was. sitting be. side him. On his oath, lie did nmit know liord Clermont; lie might have seen him before, but didl not know him ; his brother had been gathering thistles. Whien Lord Clermont seized the horse, Witness .and his brother went on the roadl on thc footpath, near where Lord Clermont atid the horse were; was standing on the footpathi ; coulid not tell how near he was standling ; ran towards Lord Clerm-ont from the potatoles. Wlitniess went iiito the field whecn he refused to go for Akrchy Craig; did not lauighi at Lord Chermontt; ran into the field. Was there a spade or pitchfork in the fieldi ?-There was a pitch- fork with wvhich witness's brother had been gathering thistles; Lord Clermont was pursuing witness's brother; hist brother met the fork and took it uip:- did not see him do any thing with the fork; be mighit have looked about. Did You see your brother, while lie hadc that fork, face about at Lord Cleirriont?-1i did not iIee him point thie fork, at Lurd Cler- mont. Did you see himir face about Pe-I did not ; hie miight have done it wVithout my seeing himi; Lord Clermont took him by the collar and dragged Ihim :1let him go in the field. By theCouurT.-Did lie let him go In the field P-lie did. Co. e.. -Jn your direct examination you saiti he dragged you to the road. Crolss.examination continuedl-Lord Clennont asked whose the cow was; writness saidI it was John Marmyion'R; Lord Clermont saii hie would take it to the pound. There was a gate in the field on his olath he was not asked to open the gate ; opened it for fear the cow wouia be killed if she went down the ditchi ; was not laid up with the slashing he trot ; would not take Ss. or 51. either, antI get such another silashing. Witness followedl the cow, when Lord Clermont Was dfyriving her ; lie drove her as far as the gigz, and left hier there; witness doe her into the yard. When Lord Clermont cams to the hous.e, witness and his brotlier were above sitairs; hieard Lord Cler., mont desire tils father to go up and bring dowvn the boy ; he caine up, and Lord Clermonit followedl him ; wvitness and his brothers were ita the room ; witness went down ats soon as he could heliardl his brother's cries. Johin AIRTion Ju. wrn-Recollects the dlav this matter hap. pened between Lord Clerroont and witniess and his brothier it waii about ei~ weeks ago ; wias on the footpath ; saw Lord Clermont Icome up in his yig ; saw a carman's horse and cart en the roadl. Lord Clermont j umpedI out of his gig andi seized the hoerse ; desired wit- ness to go for Arclhy Cratg: witness refuised lo go; Lord Clermont desired witniess's brothier to go; lie refuised; Lord Clermont ran after witnes,s; witness ran up to the field, and Liord Clermiont caught hold o)f his brother, an(I slashieil himi vith a wlhip; Lord Clermont was driving thie cow acrosis the ditCh ; witness's brothier opened the gate; liorti Clermont drove the cowv towards witness's father's house ; wit. ness rati across the field towarils the house; found a pitchifork which he hiail had] gathering thistles. Lord Clermiont was slasliinghis brother WilliaM, whoe was screechting: witne!ss told Lord Clermont if he didi not, stop, he wvould run the fork into his body ; was near enoughi for Lord Clermont to hear himr. Wihen Lord Clermont stopped besting his tbrothmer, he went towards ttse carman's catrt; whien 'witness saw Lord Clermont coniiting towardls the house, lie wecnt in, anti ran tip stairst; wvitness's faither canme tip and bad him hidhe. Lordi Clermnonr cantein a short space after witness was undi(er the bedi-clothes; 1ITod Clerimont gave a slash to the bed ; witness gave a screech, anti sat up in the bed; Lord Clerinont cotitiniteid bcating hmini ; he struck witness on the hiands, 'In theC hack, and ott the legs ; hiit him with the lashi and liatid(le of the Cwhipi; hield ihe lashi eid the haLndle to. getlier in his hand ; witness's brother Nicholas and lila fattier were present ; he hit witness, a stroke on the wrist ; witness's fathier said he was afraid he woul(i break his armn; Lordl Clermont salid there was no dianger; continued besting him afterwards. Witness had brou ght thrhe pitchfork into the roont; can't tell howv many blows Lod Clermot gave hisn. Cros.-exami ned.-Witrncsq's brother toldi Lor(i Cirimont that his name was Ml'Alister ; his name is not Al'AhliStCTr dlid not say the horse was Ahl'Alister's ; witness did not see his brotlher XViilia'm in the room above stairs whien lie was whipped ; witness's brother Ni- chtolasarnd lila father were in the house , dlid tnot hear Lord 0Clr- mont ask where wris 11'Alister ; when Lord Clermont was coming, witness's fathier sail. " he believed that wvas Lord Clen-nont-you ha,d better go hide.", Lordi ClerMont left his gig at the cartman's house and returned; he asked for the boy wsho ran in there, and wvent up stairs; .(itid not see any one above stairs ; left his fathter and his brother Nicholas beiow stairs ; Lord C-lerniont sent wltaess'i father up stairs ; his father ciline up, totlI witnesis he liiad better hide, and went down. Lord Clermont senit hlim up again, anti c-ame up along with hinm ; did not hiear Lord Clermont ask where lie was, and his fathier say, he did not know . hearth voices, but (lid noet know wvhat they were saying ; was heat in the piesence of his father and broither Nicholas: his father hiad timie to shlut the dloor from the time hie saw Lord Clernionit till lie calme to thle hiouse. Witness had no marks except oni his feet, that were bare ; didl not ase any other marks,. Question by thle Co uitr.-When you went uis stales, did any one go withI youi P-No. Ditd von see any one abuove staLirs P-No. Did -You see yo'ur brothier William !-No. Was he in the room with yout e-I clon'r know. Wtas there any person in iltc room P-I doni't know. Couild any person be in the rooni without your seeing tlitnl ~ Thlere miight. Couild any person be in thie bed wsith you withouit your knowing it?-] cdon't know. Was your brothier William in the bed with you P-rne might have bieit behind mne; I did not see any person. Williami Marinion re-called, and exainined by the COUflT.- Did L'trd Ciceriont as,k thle na-me of your brother P-He did. IWhiat (lid you say his namne was ?-1l'Alister. llh dil yott tell hlim so P-To set himntstraiy. WVilliam Mlarnmion swore positively that lie went up stairs with his brothier, andi that he lhad convereatiots with him. lie theni said lie spoke s word or two to hiim. Wlliian also swore lie did not see John brandishing tile Pitchifork, or hecar hlim say any thiing about it when in the field. John l1larniion, juni., swore lie hail tio conversation with hiis bro- tliter William tip stairs. Johin Mariniton, sen., weorn.-Remnembers; the 28th nf August; was lyhlg ors his bed ; was tohil llia cow was going to the pound caninle down, anti saw a gentlintian coming towardsa the house ; lie a-sketl whiere was the boy whio ca-rie in thiere, thie biggest of theml witness sihowed hint lila anti Nicholas; Loned Clermonc said thlat wasl tint lie, anti, sent wyitness up stairsj lor tIme boy ; witness went up, and toldl thle boy to hiide Ilirneelt, as he, beli'eved it was Lord Clerniont ; 1ord Cie,Irrnont followed wittiesstiup stairs, and beat the I bo in is ed; itnes tld Lrd lernont he feared lie wouldi breakthe tny's rm ; ord Cermrt aucl there was nio danger. I WhenLord Cermontcame t the huse first, lie sctit witness upl stairs or the oy, an followd him inllt mediately. Cros.cxaiaet......~'tnes we t u sirs, andI told the boy tohitle islnsef; ordCiemon foload btt,; lie did not go down anti come upl a second time; only went inito the room and toldi thec boy to hlide tidniself, atid suiet L ord Cle,rmont ott the lobby as he cattle tuti of Ithe room. Witness was a very poor ntatn,otherhise lilt sonts wouldi nor hiave been beaten as they were. lMr. Srvttt,.E ithen Yawe to aldraTs the lurY. Ilie comitiented at somie lengthl out thev evidence whiich hail beeni bronghit for. ward agaitist Lordl Clermont, anti adlvertedi particularly to tuie contradliction) in the testhntony of, two boys, whein one swiore pmosi. tively that he went up stairs atid cotnversed wit hlilabrothier, aod thec othier said Ilie coulti not tell wvhethecr thecre was, any one in the room or oti; therenMight or tItere taiightonot; it teas a Mou sni ricor'do testl. monyI, stilted to Ilisa own Purposes, MIl. Siteele-Attid, lie dihu not re- gret iliat lie hail beeti emptloyedi as counsel for Lord Clermniit in th)e present Instance; he rather rejoicedl. " Gentlemen," said he, "1 you would not hiave been called on to try this assaailt,rior wouldl Lord Octr. mont have aillowed it to) go to a tralverse, svore it not for the oppres. bnious ealumninie which 11id Found their way ilito Cite puiblic printsI blitt llia 1ArTistip Wvishied, by, a liublic trial, to set the trutht before I othe world. You are not to .titPPose, gentlemeni, tliat the witnesses you aw on thte etible this dtay see the promoters of this prosecuition; Iyoil have hearth fronti the last witness that lie is a very, poor titain, and you Titay beowell assured, thlat it was not at his owti expense that a i peciual counsel was ninplnystd, stitu an attoritey of' considerable nn. toriety e?%pged to connuct the p,ro8ecuition. No, gentlemen, they are only ttle puppets, whose wires are Moved by a fCaction who screen lthmsaclves behind a curtain, anti whose ain is to overturn all rank :.nd respectability. , Ye, gentleimten, there was lately in a neigh. bouringcoutity, a similar attack made on t nobleiian, bitt whicil met with thle fate it merited. There was a time. gentletmien, when a poor titan, suci as you saw ottih table, woluld lave reioiced at um occrirretce like the present tikiag ptlace, as it would have been the means of enriching hint and his frnoily. You would not ccii- tlemen, have been calieti on to try this assault ir. its present forit it would have beeti tried in another coutrt and in attotier forni: but now, geittlentei, cvery poorman, every peasant is become so pa- triotic, such a lover of liis country, that he tvill forego every private advantage, and all gains, be they ever so great, foir the sake of his country and for the etids of public justice. But, gemitlenien, is it for the sake of public justice? No, it is not. It is to answer the ends of a tutrhbulent faction, who seek for the overthrow of all order and all religion. It will be said, that this prosecution lias not the appearance of yarty or faction. As well might it be said thait a rinoer, because it flowed remote fron its source, (lid not partake of the qualities of the fountaiti from whence it sprung, when it brainclied into diflerent channels." Af'ter some otlier observations, AlMr. Steele thus concluded:-" I shall new sit down,gentleinen,con- lident that you will with pleasure, if, savitig your oaths, you cani honestly, conscientiotisly, atiii relitiouslyv do so, return a vcrdict of " not guilty" in this case, and I would entreat you the niore anxiously to seck oznt, as it were, if by any means you can effect this in pity to the public, ivlo tmay thus, perhaps, be delilereri tromn the ill effects of any furtlieT buiy and officious intermeddling in the suits of others, saich as the presert prosecutioni indicates, whmereby the reqose of the country is disturbed strife and ll-will are kept alive, and the law, which was intended ?or the protection of the riclt as well as the poor, is made ae instrument of oppresjn$ them > in plty tjioaelvea, Wb what .titshe .Q 'age *4. day rnLy hb, your's to.morrosr, hOt to m9ntI0U4h2tX0wi1lthUsbest repel the inlgsnity which is this clay sought, thtotgh. yous to be pat upon the doljity, as Ri it were the onl' one wb4e A jury could be found base enough to forward tlhe de gns of tbo factiow but above all, in pity to the prosecutors themselves. who, it is n'anlfest,-are but mere tools kn the hands of a pary, the dupea of c,rtain 0l.dfs.. posed and cunning knaves,, who have thcir OWR purposes to answer by the present prosecution." TheA SSIST.?TP BARR}STERttheneddressedthejury: hesaid they had at last arrived at the termination of the ve7y painful inveutigation fn wjlich they had been engaged-foi painful it must be to every feeling mind, to see a nobleman of exalted ranki ancient fanily, and ereat poses:sions, broughlt to the bar efjtistice, lHe particularly re- grett that he could not concur in the view of the evidence which AIr. Steele, with the talent and ingenuity with which he is upon all occasions conspicuous, had endeavoured to wtbmit to their con. sideration. He felt satisfied that there was not a disinterestted indi- vidual in Court who would not feel rejoiced at the complete exculpa. tien of the noble traverser; but, under the Impression of the evi- dence which he felt, he was bound to tell the Jury, that if they be- lieved the wltnesses for the prosecution-and he must say he could not perceive a point to hang a doubt upon-it was their duty to find a verdict accordingly. The Jury had heard the evidenge, which was all upon one side; there was no conflicting testinony fbr their con- sideration, and therefore, unless they disbeiieved the witnesses, they were bound to give a verdict against the traverser. He did not tbink it necessary to recapitulate the evidence, but If any one indi. vidual upon the Jury wisthed it, he was prepared to state it correctly The jury having intimated that they did not require it, retired, and In a short time returned with a verdict of it in each case. hile the ury were considering on their verdrd, the magl3trates retired from 'the bench to the judgc's chamber: the As3sistant Bards- ter inquired from the eounsel for the Cown if It was the intention ofthc protecutors, in the event of a verdict being returned against the trveiei t pil s.c7 the matter farther. or let it terminate In Court. MIr. O'Hanlon said that he certainly thought it wfoul'd terminate here, and applied to the agent1 who said thg he was not prepare4 to say positively that it 'til a l u hoped most sincerely it might, and uould rcqnlnd it te the party. He then wvent out Qf court for a few minutes. On hie re- tutn, he was a4 long time ia close oresalt-atio 'wtl Ir. Anthony l larmion, who, to all appearance, was the person on whose tuthor. ty he seemed to rely; the result wgs, that he declared ee oquld not let it rest here. Several notes passed between Alr. O'Hastlon (who appeared anxious that it ehoqjd be dropped) and Mr. Steele while the jury were out of court. The jury having retumed theirverdiet The ASSI!ITANT BARRISTER'. then proceeded to address Lor2 Clernont, and said that this was themost painful moment he had experienced since he had had the honour of filling the situation hebheld in the county; toralthough he was now called apon, in the hieqin4 of the very crowded Court-house which he then beheld, to state the unanimous opinion of the Bench, that the aaults for which the noble lord then stood convicted were of th' vlightest deserption-he might add, of the most frivolous nature-he still must sincerely de- plore that any combipation of drduarntanees should have brought 'a noblemani of his Lordship's station in society into the unforta, nate situation in which he was then placed. It had beep more than insinuated by his Lordship's talented advocates t1hat -this pro:. secution did not emnanate frem the injured fbelisga of the party, neither was it carried on at their expense, but that it was promoted by a body of intriguing individuals, associated together for the pxcr. pose of reducing to their own base level, evcry person in eociety conspicuoUs for rank, talent, or eminent virtue. Placed where he was, it was not for him to say whether such was the fact or not ; hut assuming it to be so, it was truly melancholy that his Lordship should be the victim of any suchl vile conspiracy. It was now, however, his duty to pronounce the sentence of the Court, which was, that his Lordship should pay a fine, in each case, of 101. to, thc Crowvn. On which Lord Clermont bowed re4pectfu1lly to the Poutt5 and retired. LORD CrPtR,IfMAT. DJUNDALK QUARTER SESSIONS, THUnSDAY, OCT. 14. TRIAI. OF LORD CLEIL3IONT.