Crown Side.
The Times, 1824-03-06T00:00:00

The interest excited by tile expectedt trials of the persons %m_ mitted for the alleged murder of James Grainge, it RableyJv,l,oo was considerably lessened by the returns made on the s5v5v1ai biil of indictment sent up to the GrandJury yesterday. By D neo'o,gk, however, the court was crowded, but there was litt]p exniess n ofr anxsiet or curiosity in the persons who comaposed the alditory; in. deed, little more was observable in the town thII7i on dinat,,ry occa- sions. At half-past eight o'clock, Captain (for Suri5on) Connolly and MIrs. Browvne were conveyed in a post-chaise rrrom the prison to the court-house. Trayers, Aloran, and Amelia_aMorgan, were conveyed on foot, under ans eseort of javelin-men. At9o'clock Dtr. Justice1EST entered the Courts when a petitjury was immediately sworn, and the trials of Janes JBean, Johkt Smtth, and Luke Brickliand, were callca on (for whijh see beldow): thix produced evident disappointment ia ihe Court, b,it wa" consid,ered as an indication that the trials of the first mentioned irjisers wouldl not occupy alon, tim'e, On inquiry we leArned that the delay wasoccasioned by a proeped- ing of rather an unusual nature. The bills of iz{dictAnent laid be- fore the Orahtl:Jury yesterday, and on wbich tley. rnadp the teturns, wera much blotted, scratched, obliterated, and interlined in couse- eucnce of wh(ch it was deemed important fo4dtijg cnds of jus4ice:that fresh bills of indictment againstihatrick olly,'~b61 . should be sent up to thee Grnd Jury, which aJ done zc odiogly. at nine o'clock this day. Witnesses were rugtfit bre tiem, and at a quarter to eleven o'clock, the Graiid lury appe'ed in court, and retdtrned a trte bill agairst Patriei. Connolly Mugh Moran for manslaughter. .' At s quarter pXast -i o'dlock the five~ ,orWrswqlrtbroUght to the bar in. the following orIer : hzliabeU *7X;o.mes 4aj4ur Mo,-oen, Patrick Cono7.lly; T/hl,t Mlrar, and EdvtRd a Travers. ,lIn Browneas a respecable-looking weiran, oF, 2 gq4 peron, bet not very bpdson?. 8h1e wWe a bilSbisiozetveU, dfeatbei%aa4^ silL shawl, and ap^proached the ar weithout the s8guhtest appea"anle I of alarm or trepidation. Annelia Mlorganl was alittle affected. Mr. I Connolly was dressed in black ; his demeanour evinced a portion of anxA*iety, but he ras quite collected. In the appearance of the other prisoner.s (llugh Mwloran and Edward Trayera) there was nothing re- mnarkable ner's Inquisition, for the wilful murder of James (}rainge, at Rub- I ley-house, in the county of HlertfDrd, on the 31st of December la-t to which indictment the prisoners severally pleaded " not guilty." Patrick Connolly and Hugh Moran were then indicted for man- slaughter nf the said James Grainge, at the time and place already mentioned. The Jury were then sworn. MIr. Etnapp, Clerk of the Arraigns, then stated the indictment against the prisoners. Air. Sergeant TArny then proceeded to state the case for the pro- sccution, but was interrupted by Mr. Dowt.iNo, counsel for the prisoners, whoobjected to the Coroner's Inquisition on the groind of informality, it having been signed by eleven of the jurors only. The learned gentleman cited several cases in support of his objection, and argued further, that the wound was not describeI with mifrlcient precision. The words used were, " about two inches and a half ;" but the law required that the wound should have been more fullv and accurately stated. MTr. ADOLPSCrrS followed on the same side, and quoted other cases in support oi the objection to the inquisition. Mr. Justice BEST admitted that it was necessary that a coroner's jury should consist of 12 persons. Mr. ADOLPHS-S then contended that the inquisition must bear thesignaturesofeachandeyery of the 12 jurors, withoutwhich proof of that number having been actuallv sworn upon such inquest, it must be nresumed that the law requiring the presence of such number ofjurors hal not been complied with. The learned gentle- mxn proceeled further to object to the loose and general terms in which the inquisition was framed. M r. Ser,.eant T.%DDY replied, and contended that the objections could not bc supported The allegation was, that the wound was given in theleft arm,and was of thelength of" about two inchcsand a half," which descriptlon was sufiiciently particular and full. !hIr. Justice BEST said it was desirable that tllese matters should be fixed bv act of Parliamnent; but, until they were, the law, as it stood at present, mlust be complied with. The learned Judge stated his opinion, that the word " about" was ton indefinite ani( uncertain, even in a special demurrer; antI surely that which couldi nat be nrsintained .n a special demurrer, must not 00 atimitte(t in a crimtinal case of so much inportanice as that before the Court. lie was therefore clearly of opinion, that for that remson the inquisition ought to be quashed. Witsh respect to the other ground, he should not deliver anv opinion upon it. The prisoncrs, Elizabeth Browne, Amelia ;lorgan, and Edward Trayers. were ordered to be removed from the bar, and the trials of Patrick Connolly and Hligh iiMoran, for manslaughter, wvas ordered to be proceeded withi. Mr. Sergeant TADDY stated the case for the prosecution, iudoing which he found it necessary to enter into some details of occurrences -which took place preyious to the date of the commnission of the crime for which the prisoners were then on their trial. It would appear that the prisoner Connolly had been assistant surgeon in the city of Duiblin -artillery, and subsequentlV resided in Regent-strect, Lon- don. It would also a ppear that a verdict for the sunm of 2501. with costs, amounung in the whole to upwards of 5001., had been obtain- ed against Connolly by a person of the name of Andrews. That atricT search was made fbr the prisoner in order to enforce payment of that verdict. but which search was for some tirise ineffectual : at Icntrth it was discorcred that the prisoner was livmng and concealed in Rablev.house. in the county of Hertfontl, antid thither certain persons went for the purpose of arresting him, aAd in whicrl the transactions then about to be investigated had their origin. Tue learned ser- geant tihen proceeded to state the particuilars of the cmse wvhich our readers -ill find tietailed in the evidence; after which ne stated the law anplicabie to the case, and qguoted the case of the " King v. Cook." referre(d to by J,ord lfale, in which Cook had shot a bailiff who 'ttemnpted to break into a house to execute a wvrt of capias ad satio ficfira nn, and for which crime CoAke was convicted of man. slaughter. In another case, where a warrant was addressed generally - _ _ . .1t.t . & -i : i . . l]tet nutof hi,. own Jurisdiction but in the present instance the case was different as the constable was specially authoriUcdl to execute it in the parish. rin Cuirris's case. which was to be lound in Foster, page lQ(,. there was a difrercnce of opinion between the Judges, nine of them holding it to be sufficient to describe the warrant gene. rally toentitle them to force an entry. In the present case the p-i.ontr had been matde fullv aware of the authority by which the officers were arned vet he resisted, and the consequent death of Grainge was undoubtedly manslaughter, and manslaughter, t.o, of the nmos. aggravate(d charrcter, app)roaching closely to the con- finesofrnurder. The learned Sergeant then stated the law as ap- plicable tn lodgers and their rights, applying then to the case of the sirisoner Connolly, who was inot the tvowner of' but merely a visiter or lodrer in, Rable;-house. ile would not trouble the jury with any fusther observations. btit should proceed to call witnesses to prove t1,e case which he had stated. The persons concernied in the prosec .'ution had no ohiect in view but the attainment and furtherance of rublic justire, anid let the verdict of the jury be what it tmight, they would satisfied. W5itrneaws were the called; but their evidence was so similar to that already publishc in the report of the inquest, that it is not necessary to repeat it. iSlr. Connoliv was then called upon for his defence, and he put in 2 statenment. wihich was read by illr. KNAMP. Hlc then called the following vitnesses:- Thomas Locke. headborough of Ridge. proved distinctly that the , arrant w;s never roa-. -Iu triaL I,zn mu Li n' *f..iU di5h-ided between himself and the other constables, if he would break oncO the house and sscure Mr. Connolyv. tr. XWalmsley. a Middlesex sheriff s officer, proved that Mr. S:evenahad applied to himn to execute a warrant against Mlr.Coninoliv, in j!erdtordshire. wrhich lie refused to do. Th. learned JtnDGE thought this was inadmissible evidence unon t. c issue which the jury had to try-namcly, the question whether t,.e death of the deceased had been unlawfulIv occasioned. Captain N .stor proved that iAir. Connolly liad been an inmate in his houce at Rp.bley for three mosn hs preNious to this transaction. The 4loor which t'1ie Sberiff's nfficer had attempted to enter wvas the outer door ofthe ho2se. which was8only protected by external shut- ters. He had known IMr. Connoliv for 14 vears, and he alwavs bore the character of a h-:nxane. peaceable. and kind-hearted mnan. The prisoner :Joran had $jeen five years in his service prior to De- cember last. and he was a quoet and inoffensive man. AIr. Kitupton, the surveyor, pToduced a model of lablev-house. which was made under his direction; and lie had no hesitation in sa-ing that the hack door at which WVatson had attempted to enter wv;i the outer door. Sir Matthew Tierney, Dr. Bovton. Mr. Carpue, Lieutenant tMonticnmery, Lieutenant Art'.strorng, Lieutenant . edlicott. Lieute. nant .Jocs. Lieutenant Fletcher, Lieutenant Hautonville, and se- %eral otlier witnesses. mian' of whoinml had known Mr. Connolly for the la:st 14 years. spoke in thc highest tenns of his chiTracter, as a humane. kir1d-heartefid good teimpered niana. He was iLi every re. speLt a mnan of honour and a gerteiinan. The case for the defencebeing closed, Mir. Justice BEST summed up the case. The .luirv. after deliberating a lew niinutes, found both prisoners GuU WeS f Jlapiisla,i7btrr. ir. JuStiCe BEST ordered the prisoners to be brought up for jud r. nt to-motrow morning. Tnc tial was not over till nine o'clock in the eveninz. CROWNN SIDE. ALLEGED IMURDER AT RABLEY-IOTSE.