Irish Assizes.
The Times, 1824-08-10T00:00:00

.a~'re rsererai, dames jJevesieu, 1'arrwkc F P led!a,??brisd ~nl Wlte ,%callapn, tbe thiree latter of *6Mm h6te surrendered s,ifce th lrvoas day,. weepaedah I' sr.- weepad.t e Mi. DIIz?c6riL, K. C., stated the case for the Crown. He said- that thisawas one of the most diriiresshrg cases that ever came bcfoIre o1 criminal colut of justice, whether it were viewed in reference to the reverend character of the prisoner at the bar, or. as one in which' the lifle of a fellow-creature hrad-been forfeited. The KIIF whom .he prosecuted, had a right to know by what means onie of"bus sub- jects had come biy her death, and the jury were placed in that box for the ~turposa of aseertuiningthe fact. A case of asimiflar nature to tliat which he was'now abou't to state to themr never before oc- curred in Ireland, nor was there a parallel to be found for it in the annAls of thie British history. Before, however, his going into the merits of the case, he would call upon the jury to dismisis fronm the-ir mind all impressions inj unous to thepior,heerecid throgh he edha ofthenewspatpers, or conveyed by public rni- mour. E- Te woulti cell on thke jury to spirituailize themselves, and be'iniluenced entirely nik.the verdict th'ey uhould give, by thie evi- denice which sf*uld be laid before themn. The defence to be set upws well known; afld tfire Counsel for the prisoner indicted as th ricpal, could not feel greater pleasure in establishing that defence; rthan he (Mlr. Drisctoll) should, in hatving it clearly ascer- tained thatt this atrocious mnurder wvas committed while.the pri- soner was laboiuring under mental derangemenit. The prisoner at that bar, rind lhe stated it withi regret, was a clergyman, a minis- ter of the Almnighty ; and it was a lamentable, a melancholy thing, to find a man of his clothi and calling miixed up in a transaCtion such asi the present. le stands at the bar to take his trial for his life, and for the heinous ctiime of slAying a fellow-creature. The indicitment tells you that the victim which he has sacrificed was only thiree years and a half old-sacrificed uinder tire peculiar cir- cumstances of barbarity, and slaughtered in her parents' house. Gentlemen of the jury, before you can acquit the prisoner, you must he convinced that it pleased God to take away hi, bes', his greatest gift to neanr.-reason-and leave in its stead darkness and distraction. Should you coine to suchi a decision, the spirit of the law will walk with the prisoner, anid bring him out UnhUrt. This unfortunate man fancied thiat in imitation of ouir Saviour, he couild expel devils ; and in one of tbose iixorcisms was; the murdler which is the subject of the present investigation committed. Thiereae other persons indicted with the rev, gentlemnan, who assisted at the me'Lancholy sacrifice ; one who biroughit a light at liis conmmarizz (for it was night), and others by supply-ing the fatal tub with whichi the murder wasq effected, and for as,sisting and aiding by their presenice and encouragement ini its perpetration. If those personis were aware that mnurder was intended, they are guilty as acc-essories. It', howv- ever, they were bu the victimis of a besotted superstition, and ac- suisee luderthei'tmpression that a miracle would re-ally he per- tormd, y-a ust take fromi tie Judge, whether, in the eve of the law, they are in such acase guilty of murder. lf(said3f.1rDriscoll) l emploiyaimaniac to commit murder, though hemay be aeq-.i'ted, I mast be found guilty. There was not, however, any reason to stuppose that the pr:soners were actuated by ainy su'ch mnotive. The witnesses who will be? produced were present curing the whole occurrence, and can form a just idea of thec state of mlind in whichi thie rev, clergyman was at the timie; antid if, on their cross-ex- amination, the counsel at the other side can get out of them thiat tice was insane, anii( which we moat sincerely hope, thien the prisoner must be acquittedl. They will finidus sea'rchers a'ter trutht)non dictive prosecutors. ntyn W. Futlong was then called andI examined by Mlr. DOscEaRT.- Lives at Ballys-iecn, in rho parish of Killiniick ; is acquainted, and was before the 9thi of last monthi, with the Rev. Mr. iCarroll ; knew him since he wvas able to walk; lives in the same liberty withi hint ; knows Thomas Sinnott; h-e lives in Killiniiek: rec6llects seeing Faither Carrol oan the 9th of last mnonth at Sinnott's house ; sawr tiit first that day, at seven o'clock in the evening~, at the widow Neal's hiouse, near Sinnott'..; was, at her house, where there was iisgreat number of people. Father Carroll was at thiat time walking on the road with his list ofF'; there we.re fromi two to thiree hundlredl people thiere; sorne were kneeling and some standing heard somne of thie people say, "Jesus, gtrengthen the mnan." Fathier Carroll then came up to where a woman .of the name of Moran waslviagstptech- less on the grottnd ; the priest camec up with hiis hat oif, to where MVrs. MforaR was lying ; lie looked aT, her for somec tIm'e; he then stainped twice with his foot, anti said, " Begone ;" after wvhichi lie spit upon her; he then thirew himself on htis back, anti rubbed the hack- of his hand for some time against the gravel, until he cut it; Father Carroll then walked up andi down for some time clos,e to M' rs. AMoran; liethought, when tie saw Father Carroll throw hiimself back, that he was rrrad', arid could prove it; witness was first knealing, but when he sawv the priest throw himself' bachi, gut up; Father Carroll, after a shiort timie, stood over Mrs. Illoran's head, and saiid, Jesus, Je~sus, Jesus! Father, Fathier, Father, ass-ist me !' and at the same time he kept moving Iiis hiand rournd; he then saiul some wordIs in Latin, whiceli witness die, not understand ; tire mortv of the three hiundred persons presenit remained kneeling nih ilme. WVitness made no observation on tire istate of MNr. Carroll's mind at thiat time. T'ire priest thiea went away towards Sinnott'sr; witness rernair.ed some time with Mrs. Aloran, and then followed Father Carroll to Sinniott's, with tire intention of fetching him out. Al great number also went down the rantd alter the priest ; Sinnott's house was aborrt40 perches frotii where Mrs. AMorait lay; was so much confused by the conduct of tire priest, that lire cannot sav how Boon after the priesthe wentto.Sirtnott's.Threroom when hearri~edat(Stnnott's was crowded.'rThekitchendoor was partliy shut; Father Carroll was in the rom off the kitchen. This roota was also so crowded that lire could notate the priest; hieard water dash. ing abouzt the room ; saw thie priest aftcrrwardls ; thouglit the child was under ttire tub. When he first saw lire priest, he was in tire bert; saw a tub then over the child ; Mr. Carroll was standing on the hot- tom of the tub, and he sometimes leared arid pranced tupon the tuib, and while leaping on, the tub lire said "1Jesus, Jesus, Jes,us, Father, Father, Fattier ;" saw the father and mothier of tire child in the room whiere the priest was; after leaping on the tub he tsat down and expressed some irords; sat there froier th ree to three ancti a halt; un- loosn.-ed hiesgrriter4-and-took off his sitoecking and rubbed his lgwt his hiand;- -duving this ticme Father Carroll whistled a hornpipe, the name of which witness forgets, and kept timec with his foot; did not sec thie child till four o'clock in the morninig; tire childi was thten dead. At four o'clock, lie took the priest away; can't say who took rthe tub off threchild; did riot go near tirechild till he brouight Father Car- roll away ; held tire stirruip whille the priest mouinted his uirsne ; re- turnied to the liouse in about fire mninutes after Fattier Carroll left it; saw Sinnott and his wife ; the child was then on the bed, and the tub att tirefootofdit; the child was at this time dead; heard therchild cry whien be first went into the house ; did not liear tIre cirild say any thing, except"1 0 Daddy, Daddy, Mlammy, Marumy, 0 save me; the witne-ss litre identified Father Carro!l; tlduia person oftltrename urf Sinnott that the priest was deranaged ; this occurred whiile Fathier Carroll was in the room ; also told his (witness's) wif'e of it; sent, while Father Carroll was sitting on thte tub, for Father Keeffe, Father Ennis, and Fathier Rowe, but thie messeniger did not go ; cannot recollect who it was he dlesired to go; cannot saLy wiry, considering that thne priest was mad, he did not go Iriniself, Took no step to ini- terfere when he saw Carroll sitting oni the tub, thoughlihe tlroughrt him mad. The child he knew to be under the tub. Saw no person at Sirrnott'si try to prevent the pniest fromr sitting on the titib. i1'hien witnesis was going into the rooin, Parel, oc of' tire prisoners, asked. him wlhether lie was mad or (trunk, and desired hrini ro keep out of tire way as tire priest was at thtat moirirent going to expel the devil, andthai.t he`(tire devil) might lhurt witness in his passage out of tirt room. At ithis time the people had formieI a passage to let ttire devil pass. This occuirred long after he liaed been first in the room. The witness litre idenitified Parti, one of the prisoners, in the riock. Saw Wickhram, another of the prisoners, at Sinnott's. lie (WVickiram) hiad a candle in his hiand at the time, andI was standitig netrur ;he priest. Did not see Father C~rrohllince he rode away thiat iiornidig, until he saw himn in cotirt yesterdlay. By the COURT.-Saw the child dead in tire morning; lieardI it cry wlirehe first entere-dthe house; did not inrterere, as hetiliougli.t the priest COUld perform a oiracle, althiough he certainl?. tho;ughtltrim deranged.. Mlr. Dsxow(.-Notlning can be fairer titan tire way in which the east has been stated for the Crown, or the manner in which tire exam-iinationi of the witness hais been conducted. It wvill, how 'ever, be my duty, in Justice 'to niy clients, to put a few qutestionrs to tire witness. Cross-examrined by Mlr. D)rxom.-l{nows Fathier Carroill since ire lias been able to walk.; he has been curate of tire pariah of Kihli- nick for several years ; always heard thrat tic wans a pious gooni nian, andi that lie strove to keep tlire lower orders dtown,; tire people hail great co-nfidence in Iimi, as a holy man, andi consirlered that lie couzld work, miiracles; lie was considered tlo be a kind and hir. mane man;, witniess thiought trim capable of' an act of' cruelty (a laugh) man that he wi rit c-apable of' an act of cruelty,; wit- ness first=cmeup.whei Mar's.3 M1oran was, lying on the grounid; heard tIre people say that Father Carroll hiad a few minutes before that east out a devil from swan at Widow Neel's lrouse; is quite sure the pecople ?aid it was a devil, or a serpent, or some isoclir thing; the people inplicitly believed it; witness was sornewh?rr doubtful, as lie had not seen it: the people. thought that Father: Carroll could work miracles ; it was reported in tire cotintry, that he lird worked a iniracle on Mliss Browne ; that belief was firmi. It was also believed thait Father Carroll had been called ulpon, by Neal's fainily to wrork a miiracle on Neal, whbo had beeni bed-ridcien for a long time, and ttirat thei psiest biad effectedl his cute. S'rlniiott's clilid was three and a half years old; ttire childl was troubled wilth fits; it was thte com- iiioni belief in the country, that wlien a person hiadilits it wan caused by tire devil. From all he sawe and heard, hie believed that it wras 1l ather Carroll's intention to cure the chirlc. All the prisoners be- lieved that lie could and would cure tire child, but fatith, he (tire wit- nets) did not thintk it. None present, as lie saw, helped Irim in his operations. Tire reason why a passage ;assniade in tire crowrd was% to allow the dlevil to passj,ronr the child. [The whole of the pri- soners litre, witli the excepition of Carroll, burst out laughiDR.1 The [iouse was at the time crwded ; does irot know whetther the priest was at that time under ttire core of a phiysician. By a Juror.-Suffe'red the priest to sit. trpon the chilid though he thought him mad. Phlip Welsh examined by Mlr. Fox.-lives in the parishi of Kilinick knows Mtr. Carroll the priesit; kAows Sinnott ; lie lives nearhit knew Catherine Sinnott thec child:. recollects saecirg Fa- ther C Irl at Sinmiott'rs house; went to the lhouse af'ter night fall; thinks it miglht have been eleven o'clock wheni he went; wenit there and hecard i noise insidle, and tlhen went in ; the house was fell of 'people ; satv Father Carroll in tire bed ; did not see the chtild at that time; Carroll wast sitting in the bed, and was sayin g something;, he then Fot up on his feet and stoocd on the tub- hcard the chitd then cry I Mitrr'ny, mainrty, save rare " saw thie child; for the first timne next morning the child wvas ten dead: sawsan tub in the room; was thvre before tire tub was brought in; could not at this timee get near thef bcd tl-e crowd was so great, but heard the people say techlrld was in it,; annot say who seat fbt the the tub; heard Father Carroll call for some water; at bwl of water was tiren brought in, and the priest deklr.d tllt to be taken away, anda tubof water to be brought. The tub wat bron?b'ttn by witness and James Devereux, one of the prisoners at the ber. Wi'tness carried the tub close to where Father Carroll 'Was, when the priest desired him to lift it on the bed. Tire priest was at this time standing on the bed; when the rub wa set- tled on the bed, Fatheri Carroll said some wards over it, and threw soome salt into the Wvater; thte priest theri tut his foot on.thc near -handle of the tub, and upset the wvater, sonic iart of iton iis orvn feet, and the rest on the bed; the tub was turnedupside downu the priest then said with a loud voice. " Bury him, Jesus in the depth .of the Red Sea," 'teaning, as witness belived, tlie d3evil* he said this uhilluhe was overtuning the tub. saw the tub after thatw the Vzlest .tt upon it first, and then strod and danced on it; the c aildl'ai this tire was under it; the pgiest stayed iu the house till day,light. The priest ordered the peopld butof the toom, and lie, the witeNesl, b1diliateI went ori ; tbe pr iet desiredl thenm in a jourglte netl as t-uhey e't lot;thes O which'the-people rushed sutSri?gtene, ha tiryought- the deyil' wfisthen'etictping; saw thie child'2s ile4 andsuppoe the bbdSy. was isnder the tub; *sFw the childg'defd1 in th'ortlii it wfes $innertts child;. lookedl into l)oiS*o'i dfer 'the prias~ turned the people eec, and sawsthe priest sittiLngon the bed. ldeatified'Croll, Devereax, and Wickliam. time t1ghthe was acting wildly onWte;day'in ujesti'on: he ap- thrw ateronsthe bed: Mlr.' Cearo?iw y uag hu~nane, tnill man; nevpr heard of his being cruel; was sure he never intended to 2rasi thec child; * -as quite certain that thaePrisoners; at tf~e har did -not ir. cend to aid in murder; saw Neal that nightr who had been cured by thie priest; save a woman of the name of Pai Furlong; She appear- ed to witnes ut one timne to be dead, and Faihee Caroll s'toke over her, and shook her, and she recovered : saw Netal, bedridlaen for se- veral days. and teh priest cured him ; -Neal can't speak plaini; but when witness.went to him, aftertherDriest had left himn, he Sat up in the bed and said--" Phil, I anm quitd recovered -" did not tenl thrset the inquest; he was sworn there only to answer suchi quettions as should be put to him, and no question of the kind was asked hzim ; saw the priest go from.MNeaPs house with his armps e7xtended, aud hit hat off'; could htave interfered at Sinnost's to save the child, but that hie thoughr the priest would lhave cured her. Re-examined by M71r. Fox.-The person cured was Neal, thinks the cure a very extraLordinary one;, wfi not swear that hie does riort thinAk Carroll now capable of working miraces Air. SHIE L liee interfered, and reid that counsel on the tippo. site side had no right to Cross-examine one of their own seitnemies. Mr Fx-Alr. Shiel muLst surely be aware of myobetTe witness is a very intelligent man, andc I wish, as counsael for the prisoners have eilicited from bins, i.njudiciosusly I think, in his eross- examuination, that he believed Air. 4N:rroll capable of worlking, mire- cles, :hat he~ should correct himself', and thus prevenit a very tnis- chilevoas fact from going to the world. Mr. Foxc-then ze umeda the examination...Can't account. for the way in -wbich the cuire of Ne-al pefeet me and rayed ovr hien, and be imeitl eoered;, Thomas Sinnetr,the father of-the child, examnined by Mr. PLsrsr. KETT-Lives at Killinick; hadl a daughter, nasmedaiatherine;. she is dead; cannor recollect precisely, the day on which she died; it was on the niglht tka-t Father Carroll came to the house; the child was1 alive whien Fathier Carroll arrived. Whjen witnessi came into the house lie heard an unusual noise; he stopped and listened fo-r a while, avid heard the ckild crying. He mnade up to the child, butt wvas stopped; cannot gay by wliom he was stopped. Saw Father Carroll ,t Therime; saw thehlead of the chiid, does not know at what hiour the child'is -decease alok place; did urn see it but once:z saw it dead in the bed. Whtn he first camne in-so the room be saw *the head of thie chiild;, thought the child was frightened bv the noise, Some people desired him to kneel down, which he dia; all thle people knelt down and prayed; saw tlic priest in the roomn after the people had dleparted. The child was than dead; he too' the child minet arms, antd Showed it the priest. Father Carroll desired himto lay it down on the bed. Did sottask the priest whyhe killed hischid, ashethoigh h 'cul reurnan bengit tolife. At fou o'loc inthemorin th prestcaled im xbouthle room, and lie rmaind siting ith hm onthe ed forshu live mintutes. I Faher arrll mde o obervtionto im on the death of the child, I bu, sid he itnss, henI akedhimwhat I was to do%, he said, Cross-examined by Alir. SsIExx.-Tue child was subject to sick.. ness; had n)o notion'that Father Carroll meant to injure thie chtild: Father Carroll hiad previously said prayer over the child; it is the opnon of' the people aLs well as of witness that pesons subject t tlt art possessed'of ev-il spirits. Witness, while th pretasst ting on the chiild, knelt down and said his prayers. and wotuld not have dotie sd if he thought anyv mischief was intended. Saw Neal! that day; Neal had been) bedridden for seime time, but got up that,' day arrter the Priest praved over nim~. It was the opinion of thV 2 people that Carroll hiad worked a miracle on Neal; the people thoulght he would have eit-ed witrne.-s's child, as he hind donteNcal; Father Carrrli was Cornsidered by the people to pomesss Superior power to) tithe-r priests;, heard that Father Carrotli ad performed a miracle on Miiss Browene; it was the univer-sal opinion that niume- rous mniracles hial been work-ed by Father Carroll ; witness's wife iwa in the house wvhen Carroll arrived ; she continued in the room iall the timne the prieszt was theme Re-ex zniined by, Ar.PLUwwxxTr...W'its.s'S Wife is now so ten- well thsat she is unable to leave her bed. P'aul Crowe, examined by Mr. DarscOLLa...Knowrs Father Car. Croll ; was at htnnott's on, he night of the 9th of July; saw Fathtr Care it,onthez bed ; the child was is the bed, and the priest *itingonnl1er; saw thec priest afterwarde stead up in the bed orn the child, after which the priest wvent intO tile beLd healrd the childI crv while theprTist Was Sitting upon her; saw a nub brought into thie roen; there was wa-er irn it; Father Carroil was the person who dlesired ha tub to be brouight in; hc apilled the water ont the child ; Fathier Carroll was% standing in the bed at the time; witness was near the bed ; Father Carroll said some words which witneasdid net recollect ; cannot say how long he remained in the sroaut; does not know whether five mntlnaes or five ineurs ; thinks he wras there live liinutes-..perhaps thiree hours ; rci'aiited in the room until the p'riest ordeired the neople our ; the wit-ness then wer.r home, and didl not see CarroJl sin ce., until lie saw him in the dock. Cres-examirnei by Mlr. Dixox..Thie chiild's mother was in theo rwnin while the priest was thiere; every, person present expected that Fatther Carroll would hiave wvo-ked a miAracle; knows nothing about Prince flohenlohe. Tfite witness, during hiis direct, as we'h as his cross-examination, showed a deciulod reluctanvce in anuwering quescions-somuch so,thiar the Court at lengrth interfered, and inisisted upon his going mnoreinto particulars than he appeared willing to do-his answer to almort every qestion was, in the firstisacvete o i; r do' now. Sirintne,eter.o"Sr"or Dr. Renriijek, examined by Mir. DosIETYy-13 a physician; was calledi in to exantine the body of a dead child on the morning ot' the 12th of Jul y; found( a contusion. on the righit temple ; there were also some marks of violence on the body. The con,tosion was, the cause of tire ebtid's death; canniot siay how it was inflicted - it mnight haLve beeti by a blun't instruiment. Cross-examined by Air. BNrIVTY.-.Attrended Mlr. Carroll pro- fessionally ; saw him tot the first time on the evening of the ifith of .1 elv. The circumstance% which isthe sub,ject of thepresent investi- cration terminated at fouir o'clock on the ramn ftatdy on him so insane, that lie was obliged to puxt him under restraint. He (lid not par hint in a strait waistcoat; bled him profusely in the temporal artery: Mr. Carroll removed the dressings, and witness was therefore obliged to place handcu%f upon himr; he was raving, and speaking very- incoherently, particularly abaut the devils Which. lie had driven out or'fthe people. Mlr. BENNETT here remarked, that there was such a thing as second sight believecd in Scotland ; and in the northi of Ireland the exist,elte of witches was beliered; and it was there-fore notat all won. derlu tit sat our poor peasantry should have their mniracles. Witness re-examined by 51r. DoHERTY.-After IMr. Carroll had been bled, he Lore offtche bandage, and therefore he was obliged to have recourse to restraint. Hfe considered hLimi perfectly -intane. ,I Air. DRSISCOLL said that thie case r the Crown closed here. Mlr. Dsxosr...Aly L-ord, the counsel for the prisoners consider that the witnesses for thie prosecution have proved quite sufficient to warrant? the jury in acquitting the rev. gentlesan. rhtey shall, how. ever, call one svitness,' anmedical gentlemnan, who has beai r'cquaint. ed withi prisoner for several years.' Fea TreE DEFENCE. Dr. Devereux examinlied by Al r. Di xose.-..s a physician;, knows Father Carroll for the last fc,turteen years ; rememnbers the uianrtu. Irate transaction now now under discuzision ; had been for the last thiree years in aLttendance on Mr. Carroll, withi the exceptioni of two months previously to this transaction, and during that period~ he had not Seen him.L To a quseseion of whiat hit thought of AIr. Carroll's state of htealth, the tritnLss5 replied thiat he laboured under it deter. minitiation of bloovd to the head, a confusion of ideats, a-nd impaired memory, and he coDnsidlered hint incapable of tynder,,tanding even simpole subiecr. He was whtat medical nmen call having a predispo.. siti6n to insanity, but -was always, relieved by medicine. Mir. Carroll had ceased to take medicine for two mnonthis previoasly, to this euns- torrunate act. Witness saw him by accident on the dav of the 9th of July, kneeling in the gripe of a ditch, by the road-side with his liat off and Covered with duist; h e was then apparenitly very much deranged. Thiis occuirred between four arid five o'cloc-kin theeven'. ilig, anti-befoare anv nart of the oceemrencr now bef'ore the Court haiu taken place. lie had known the prisoner for 14 years, and dairing trlat period lie had borne the character of' being a most exeinsplarY man,Iand a mioat pious clergyman ; witness tlitnks that hiLs ia7ing oCrtw COMon1ths 1o-litted to take the tnedicine which had 'btmn pre- scribed for hiim, led hihn to tliat state of' fantaticism w,hich deluded binii intio the ideat that he could work minaceis ; kenow-iA iss Browne; attended her; there -was, to witness's know'ledge, a delusion anmon" the people zits to supernatural powers ben ested. in Fathner Carrolf, as well as in other Roman Catholic prist;witness'sprofession leadz' him to rmingle. with the lower orders, atid lire can tleerefore swearthat he hinds a great pironeness in them to believe in miracles, anid also Ithiet peoTIe arc poasessed by the devil, and that the priests have atte poe tbnshing them. Cross-examrined by MNr. Fox.-.Mr. Carroll ceased to take rmedi., eince for two inonthis pr-ev-iouslv to this transitction. Witness be.. i;eymes that his so ceasing to take inedicine occasioned his dgrange. ientu. About thiree years atgo Air. Carroll was affected, but had nio particular delusion at the timie; witnesshlives ib efodaidthe prisonler in the parish ct'bcillinick, withiin f6a uil entIc efie:d and1 continued to offilciate as a priest in it up to the period of this trasaction ; never apprised C.arroll's ffiends of his ter&lency to in- sanity ; the rector of the ptarish heard of the it emntartrie preced. iog the occurrence for whichi the prisoner is now standingE his trial,, but he didi not interfere to prevent the prisonier from dbfilciatir.g. Witnes considered Air. Carroll assa person iricapable- of distinfguishi. in-g between right anid wrong. The case being nov.' closed on. both sides, Air. Justice JOHStxON proceeded to charge the jury. - ljijaL'ord. ship, after recapinslatdog the, evidence, pro6eedfed to sPtate the ltw a,,;applicable to the aess of' insane persons. With regard to the oilier prisoners who were indicted, his Lordship observqd,that if ana insanie person comeituia murtder, and. if hiebe assiste by an? other persons in the perpetaMilon Of it, thiough lie may- be)nrmnoea in thle eye of thleIlaw, yet thiey mruse be found guiltyof touyder. Befoe, hweve, th jur coud fid te other prisonersat !lie bar uily ofmurer, heymustsatsfytheiiawindo that *,WrY 4idl actall ~isis-beng resnt s nt aone; su ~ine. T&~witnt-ss Furlng tatd psitvel tht h tsr pevented b S *liate parso fro inererig, ndwasaskd heterhe WFAitmnk-ori. iad., Any person preventing another from nte Mrferiug to life of a fellow-creature, would unioubtledly be C01W.idered PA aiding and assisting in the mnurder, but'there irc no facts to show thatany of the prisoners at the bar did'interfere. The nCstUbat was proved against them was, that onripsorner b raght a' canlUe, and another a tub; but these crrcuMsRs= s were' tso`luMcient to warrant the jury in coming to theOnelrsdon :htthebd aided in the comnittal of murder. 'the questions whiale the Inis ould have to consider were-first, whether the'hmcld_e hiad bern conm- mitted; and then, whether tF.e prisoner(Crvroll) xeas capable at the tinmeofdistinguishing righttratwrong. ifthe jury believed him to have been insane, they must acquit shim', if not; thev must find hinx guilty. There was rio evidence that-tied- otber rsoiers had bees aiding and assisting, and therefore, his Lmir?p-ithip gh the jury ought to acquit them. . - o h Ar two o'clock the5jury retired, and -it a- feW winistes returnedL with tneir verdict of' Not ' r.:e" G agiust fiv4ofteierisonErs, and' of " Not Guilty" against Carroll, he bring A theStimc iriasze. Some inaccuracy hiavingoccurred in the-wordinir- ofthleveriict, his Lordslhip desired that the axaetwords of Sheact7ofParlinent shouldh be copied, and submitted to the jtry, is, dcOording to the Ista6lul2 - of Georme 1?1., he v6ould not be warranted in derrining tle' prisoner unless the precise words of the tc.erespetet he&indi,'gr thejury. The jury again retired,- antid iuntedsai'ly-tetitno the following verdict, which was,recorded:- "We find Ni'leolaa Wicbhasi Jamni eveen j Plmelt , Nichol]s'CoZish, and' Walter- Scallsa, ' N'ot Gilty'-' anatwe Jfui s -therfihn& that the saisd Joh1n Carroll, at ehetiac ofie cntrir at' the bl'fcnce in the said indicunentchsarged, vas-a Ier Mitne, "mlse ='it the said John Carroil has bren ucquitted by us bSf heiTioflnasCe,' sceoimtofthesaidiianity." -- , c- ; .:e r-':-*T 'The p-risoaer apeed atrthe liar wth? d andbouttd round ala head clo0e across ibs forehead, for tbe purpose of keeping on the pledgetp which bad bcee a;.mped, in consveques of *e lernPOr74l artery having been recently iej. "'Is ountenhInee Mnosed dul -.ne, ut calm and compoae, and scarcely a muuscle ?Zowe U riona teArIaL. Iis eves weTe somewhat bloodsihot, antd he *OScaazona1y ixead thor with afrm-and itT gaiz on severalwpei- an1 whorm he apperedo eow jnize in ttevCtt. The3dycirtm. -taIncc which. O=MrdAuSRti the. ttia! that-dn~d' iiduce'a.speotator tO eappode hliminteieste in w'via~v g,-oingf *aa m -textreme i encs. he eiblIjitc t ~wheoAaking shnufF; whicks be frequently aid utuingtJe day..his hands, on- these occasions2 shook iercteptf. h5;but With, this iriilinp' ey'eeptlott hd&~porietl hdmilf with cool. Iness, and With a Isatethl,g approatokng todigney. -He wis dtessi a ablue srtoautea bEiiO placed t tthebar, butincashthetiMeo h5ea csh dcrmbc hineof this garment4 and appearted resptably ai sse sin abhsk,k ate ana walstcat. I In the progress 6tf the trial, he 4-t as hd ( ome lc eu7=of herties, which hedix'ided. withi-hbig fel1 low-lner, al of. mpattoox of them. Exeept in these-in. znclheserArely apea.ce to take the-slightent notice-of thcm~ -or Of Ni po 4edinp In'which lbe himself miglit haw, bect~ cupposed to b=c had s- vVA an iners~t.r burng %be greaCer'pa'rt of-the dAV, .e utood with hia arms foldet, leaning over the Wont of the dock ntg 8n sequently aeceitnodated with ta tiLAr, he, however, oe- castly as doa bfor a few tDiputes. When- a witness w'as h'ked to povtt Q;lt Descreux, one of -the p-isoners who was atanding -F the hick pert of thc do , ltlhe -witness said he did Rot see lei. Mt.-arro u turne4u Y'dy round and looked at Devereux, si was recognized by the witness. When Sitoson, the ..thier ofsj unforttnate infat, appearedort t'& table, the lmsotiSr satdoa,, and did not rise until the wilneA hatdltft the tabh. While B.kennick wasn under cxamninadon as to his insanity, eh~ ltThdOne tied on him fixedly, and weas a %rently but lit le cmernm _ s testimoi?y. The asppearance ofr. Dereux, who YWt iIi o witness erxamired -for the defernce, and who had been ty rentisinteil with the prisoner for It years, appeared not il itffect kim. During the charge of -he Juddge he paid C 6tttestz attention, and, on several occasions when-his ItAd&hip woinentedi on .the atrocions circumstances of the case, the muscles -of the prjsoter's upper lip appeard in constnnt pla)s. tt was not, hwcver, until the jury had returned to the bo=, after tonsidering uf it ir verdict;,'hsa he Ahovu-d any peculiar degree of interct in tire cas. .A eX,gt hectic then manuetil a'er hia heretofore pallid coun- tenance. hie fresuently cIirecbed the hand which rested- on the dock, urhile the otlier was applied to hist foreLead. This feeling, however, only lasted-while the namnes of r he) ry were =idlinF over, and before the verdic t wvaR annonncem ha h,sd agin resumed - his appearance of eompogre. He heard the verdict recordgd without betraying the alig these-emnoti.in. The ptisonDtr is about28 years of age, nlfhough be loOk.sconsidersbly older. We is resmrkably tall, anid htout Rade ; fn2 his fhetur$ which are strongly marked nd regktlar, bcat a strtk. Dng rcsei2b7laft tO tbt-e ofthe lte N Buolean flunanarte. * ZMSPI AssIZES, [ - ' IK;XFPW, Wgd1E8SDAr., Auo. 4.