Irish Assizes.
The Times, 1824-08-24T00:00:00

''ite Uli Irp JUSTICE was yesterday odccpied-id~ the Rtecord sicle of the Court-house, from the sittingof tile Court till past ters o'clock last night, its thec trial of 17illiforre Meater and Da-rby Maher, for the mnurder of the Sheas. Johin Alullally was the first witness prodluced :he knew Pat Ilutllally, his son he also knew Atilicael Muinially, and Edmond Shea. rhley are all dead. Knew CathieTine M11l1ally also. Saw Edmonid Shea and Pat Mu tllally deadl in Ned Shea's house. It was burnit all hut the shiell. Saw holes inb the bodies of Edmond Shea and Pat Mutllally, whlere lie believedI balls had entered. Witness knew his son, IPat kiullally ; and knewv Ned Shea frorm his havin a shiort leg. It was early oni the morning ofthe 20th of November he saw the bodies, and the house destroyed. Witness resides between Mulltinahorieand Shas.btra inileandi aquarter from thec latter. Mary Kelly was theni sworn. -Isywife to Philip, and mother to John Kelly. She livedI about three fieldsr from Slhea's house, and knew Darby and WVilliam M-1aher, tho latter of whom is at relative to her hubandl. She next stated, that W. MAlater camelto her house a few niights before the burning of Shea's house, and called her to light a candle andI send her son John into th e room : while they were there, she went in, and saw somne sltgs, Williamn laher quid he wanted the slugs, as lie was going to take the arms at Ned Rbea's. Maher next directed lier to tell Pat Alullally, who was a servanlt at Shea's, provided shie thiought he couild be intrustedi with a secret, thst bida assistance would be expected to take Shea's arnis ; this she told Pat lilulially,. Mlaher also having met Catherine Mlullnlly, a serv,"n-girl of Sileai's, at witnesis'st house, niade inquiiry of her as to what liinec the famnily usually went to bed, and other piarticulars regardling the SI'?43. Ilie told hier that if Pat .11lillally wvould (lo whatt hie wanzted, it ivott?i recom-mend him to the friendlshipi of all the boys in the country. The witness niext stated, th-it oni Monday night (trie niight of thie burning) she saw Billy Aiaher and two other mein come towards her hoLse ; she had bveen waiting up for Miaher; her husband was thien two or tLhree hours in bedi. Thie witness, Mlary Kelly, whio kept liquor and beer for sale, imag,ined thiey were cominig to her htouse; she went out twvo or thiree timies, to ace if they were comning in, but on tise thiird time slhc saw five or- six men facing upt the hill towards Darby Mlaher's hiouse, withi their bttcks to hier, o~ whtom she knew W. tahiee to be o)ne ; vlen thiey went up the hill1, she watchedI thiem, because Pat Mutllally told lher to have an eye to thiemn; shie then followed themn a li ttle in a'tiitch, f'rom whenceslire saw thlree men more join them fromi a different direction. Shie then went towards Ned Cahill's hiouse, in ortler tot send him to Ned Shea's,, to let thie MIIirilally'st kniow at that hiouse that the parties werc gathiering togo w Shea's ; but when she gut near Cahill's, slite hieard voices, and was obliged to conceal hter- ,velf iii anothier tlitch, fromn wliich she saw five or six mnen inure, anid tlhey all wenit upl to Darby M1aher's house ; witness being afraid togo to Cahlill's, st(ayed ageuoi while in the dirch,from whence she saw 10 or 17 omen eonme otit of Darby Maher's, aniti face iin the directioin of Ned Sheat's, antI p.ies within 27 paces of wliere site was; they had arms- Willia:m- M1aher a blunderbuss ; they liad fire also ; for shie saw the blaze andI sparks as rhev, passed alonig, antd saw the tire atfter slite lost sighit of themselves. When they got to iNed Shiea's, she perceived fire in thiree plarrs; the fires very soon became ail in one. Had no ithea it was shmca's house thet was on fire, because Billy Maher hadi giveni her his liand and wordl that nothing sitoald happen at Shea's hut toi take the arias. She next heard six or seven shots from about Shea's house, one of' thiem in tite direction of Phiil. Dillon's. Shie stayedi in thie samie p lace till she sawv souse of the party coming back; amnong thetni were B3illy andI Darby Mlaher ; they were curming and talking about mearcy. She heardl a cry from Sheca's house; there wits suich a light slite thought it w:ts day, thiough it didi not dawn for an hiour antd a half after. She was ttiters afrairI to quit whcre she was till it was clear day; site theni went to Slica's house, and saw four or five men dead irnside the dloor. Site then went homne, anti told hier son and other people who were working in M1orrtssey's gartien, wvhen they all ran off towards Shea's after. As the.Y went-near JTem Meaher's lhouse, witnessq saw Darby Mlaher stantiing near thie earl wail of it ire had she colour of dleatis oni tlim ; on lctnkitte at him, she felt site wmts not the better for it ; wit- ness saw Billy Mairer for tite firtt timie after the burning on the fair' (tiny of Pettha~r'd it teas the day but one after the burning ; her son was prcesent; she called Billy iMaher a murdlerer, and tolmi hiim she itelieved he was the last won Id nturmler hier people ; Billy 51aher re- pliedi to her in friih, that the devil might choke Iitin i'f they were nto calling out totime people in .'shea'p liouse to throw out the arians, biztt theY would not. Ilie told hier not to go to the funeral on that tiorning, for fear she wortldl be saying any thing ; she did not go in conseqrticnce, btrt wenit to the fair of Fethertd, and thie Ititllall'v's were against lier since for doing so. Saw Darby .1labirr in some time after ; he told witnesis to kceeps her tongue to hersel--f, or she woulI be servedl as her relations had been h le hian come to lier iboor to tell hier so; her husbanri and sion hicard htim sa-y the sAmie. After that, site tised to be ltiding abroad, For fear of thie Mahlers; afterwards went to reside in Mullinahione. Did not tell of' the murder anti bturning soon after they occurredi wottin(i nor wvish to tell on Billy Maher; told it to a priest about twelve mionthis after ; he was niot hier parishi priest, but she told hier parishi priest soon after that, that shieknew some of the persons con- cerned in the niiurder of the Sheas, and he having advised her to ncqiseint a M\agistrate, slite went afterwards to N11 r. Despard. Here tlime wirriess identified the prisioners, D)arby and William Maker. On her croasscxamination by Coutisellor HAM1LToN;, nothingr appeared to shiake hier testimony ; all that could be said was, that she had Isad a nick-name, and was motlier of achildibefore marriage; she has been the wife of' her present husband 23 yetmrs, and has a sort and diaigits rs. Jolhn Kelly (mioa' a soldlier in the Royalts), son of last witness, sworn..-.Knows William- and D.trby Mlatter ; saw WVilliam MAhher mit hiis mother's house the Saturday nighit before the burniing ; wenc wish Ailaher front the kitchen into time itiner roorm; Mlaher told wit- niess that he was to go to the hill the next Miondlay with a party to take Sties's, arms, andi Aalter made s'nine slugs of a spoon, and 'wit- ness spmiit two halls. WVitness gave no information in consequence, biit tol 6 Pat. MlulIally the next night. to be on their guard at Shea's; witness knew his cousin Catherine Miullally, who lived at Shea's; saw her and Mlaher at his mother's ; Mahter began to court her, and ask hier particulars about the defences of Sheax's house. Witness his fathter went to bed, but his mnothirt3or in the morning was informed by hiis mnothier -f the burning,"ind ran towards the ruins with several othiers. Atite fitneral of the buirnt bodies, he did not see Darby or Billy MNIaher, but saw W'illiamn Mtaher at his msothier's house ; she wits sitting by the fire when Williain Aaher camne in. Site said, " Y'ou villain, mtow You have the fire-arms h" Ile said 'AVe could not help it;, we were calling and bawvling to them;i went and broke the wiiidow, andI told thiem to throW oult the arjts,,, and nothing should happen; but they did not; so we cotd nt tp it ; and they were all burnt and destroyedh' WVitness said tat . his other was then crying. Witness went so the funeral, but his mother diti not; he ditl nor know thie re-ason. WVitness is abouit 20 years of' age ; lasa been six or sieven months in the army ; enlisted, being in dread oi' hist life of the fellows in the c,untry. After the burning, Darby Mvaher eairas to witness's houise withi a warning; lite came Ou~tside the door, anti said if we did not itold ouir tonguies tve shoultl be treated like the Sheas. After that, witncss often slept out hit the ditches3, for fear of being murderedI in the hiouse ; lie identified the prisogners. On his crosscexamination y IMr. HAstMT~'O, it appeareil that witness's father was a Carpenter, and his mother carried on- a little hiusisess in selling spirits and beer. It also appeared that witness and hi.R mother had been in Dublin, fromn whence they hati come, a coujyle of rays back, to this prosecution ; witness had been brought totbiifromn his regiment at Limerick, by Captain Drought, wvho also isrought witness's mother itt the same coachi. Witness lied en- listerd in Clonmiel ; after being somet time in Limertick, witness was examined by Capttain Drouglit twice, and was, soon after his second examination, sent to Duiblin, vitlere lie was again examined, as well as his mnothier, whio had gone after him to Limerick, when he joined tite regiment. Pisilip) Kelly, examined by fr. Lr.ovs -IS itusband toMay and father of last witness ; d vt at Clorwn when Sheca's house was burit ; Iritew [Darby and WV. Mlaher. He corroborated the threats risenI by Maher to Iins wife, in presence of himself and his son. Johin Batler sworn..4Lived with Philip Dillon when Shea's house was burrit ; a brother of wvitness'-s was burnt itt it;, witness lived withiln 300 yartds of time hiouse of Ned Shea ; knew whiere Alary Kelly's house was ; it was at theopposite side from Shtea's-Dilloii's at tlie other side; witness saw the house on fire, and people gon towards it, among whom were Philip Dillon, Richard Phelan, Wl liam Williams, and himself; witness advanced within 10 or 16 yards of the house. Witness knows a man of the name of Derby 51laher; saw him about 60 yards distanttfrom hiniself (witness), behind Shea's house, wrhen it was burning; cotild positively swear it; Maher liad aL bluitiletbuss in hi,s hand. Witness heard a pistol shot fired;- it was fired bv Philip Dilloni, wlit at the tiare called out in a loud voice, " Oh, 'yOunracals L" A shot was fired from Shea's yard, an- othier from behind tie house; sa-w twioblunderbosses pointed towards where himselfstood. iVhett Dillon fired the shots, tndecried out "Oh You rascals," a man ansivered froin the yard, and said, "Come forward if von dare ! Witness 'hen went back to the ditch, a-nd stayed there' about ten minutes, an I when he saw no more of Itis ary, hie went back to Dillon's, got a horse, and rode off' for the fa.1thler and brother of Shea. Mlet Nicholas Shea and went with himn as far as Dillon's; did not tell NichoIas Sites th.t he saw Darby Mlaher at the burning, nor diii he teil any other person of it but his mother-and he assigned as his reason for not telling it, that his mother and his brother totld him that he would certainly be mur- dered if he said any thing about it ; he told it next day to his bro- ther ; these WereP the reasons he did not te1. any Mlagistrate till about tthree moitths back. WVlien witness toldl his brother of it, he did not mentioni the nanie of the person, but hils brother told him, whoever the oflender was to say nothing about it. Witness was now told to boolt about, anti, after great hesitation, lie put the rod on Derby M1aher's head, and saiI lite was the man. Onl Iis croas.examination by MVr. HATrCI5EL said, that on the nigtto th bunig witness and oilier friends hail Fne to assast the Shea. Wtnes lot a brother in the house tha.t night, of the natne af 'ichel. now John lullaIly; he had a son destroyed in that hous; wtnes tod* uluhallv about a fortnight before he told Mlr. Desp~rd;it asnoMulally'who desired him to go to Mr. Despard; Mr.lienar snt or itess afterwards. WVitness had been examined on athin lonenafter the burning by a bench of Magqistrates, and did ot ellwha heknew, because he wvas afraid of his. life. 'Told Ylulaliy becuse e beievel M lsly would keep it secret. Phiip illn sorn.Reembredthe night Shea's house was the house was burning, within about 11 paces of it ; bein there with "is friends, he fired a shot out of his gutn, and cried out 'eWhat'l thii for you rascals !" A shot was discharged frota near the house, antd "i 'oae on, if you dare[!" was -ned rut. Witness heard ano- ther shot when he was comihg down the hill with Butler,Phelan,&c. On his cross-examination by Mlr. IIATC5tELL Witgess said-J. Butler did not tell him he knew any of the peopRe concerned its the burning; Butler wa: his servant. Jam s Plielan corroborated the evidence regarding the fir- in:, and words betweets Philip Dillon aid people on the hill ; anti Daniel Butler, brother of John, corroborated the same. This witness said, he had given tnformation before a M agistrate six or seven weeks ago; and bad not given them before, because he was afraid of being murdered, and because also he had been told not to do it by his mother and brother. Richard Phelan next deposed to the firing and expressions used near the buLtning house. Alice Butler sworn.-Lived within twvo or threeclields of Sliea's the night of the fire, her son John came and told Iser the house was burned, and that Darby Ataher was concerned, on which she cau- tiotted hiin not to tell -that to any one, or he would be destroyed. In about an hour after the fire, her son asked if his brother Alich was within. When she told him he vras not, he said she never would see any more then his burnt bones I She had another son, Ednmund. Mblajor Drought was examined touching his having arrestetl W. Meaher, and sOme confessions made to him, which Muaher volun- teered. Mlajor Drought heldtout no thzreator irducement to him. Francis Despord, Esq., was examined touching the investigation I at Clotseen, inim niately sfi.r the burningf. None of Ote piTsocnR thete examinited, amilonig w;ho:r were Mary Keill andl John Butler, satd tbey knew any one concerned. Th,e only questions put to .Mlary lelly were relattive to the persons that had been drinking at her house. The case for the prosecution clfsed here, when Philip Rvan, p tailor, catme up anid sivore that he slept at Darby Maher'3 the whole of the night of the burning, and in the sarne bed with him; and that lN[aher could riot go oat Arithout his knowledge. The evidence of this witness was very far froin sufficient tso produce a favourable effect on the, jury. Philip Burke was next sworn, and he wax a mran of fair repute. For WVilliain Mfahter he deposed, that On the night-of the burning William AMalier left his house to go to sleep in nn adjoining barn; witness locked the door after lMaher went out to the barn. Next. to prove that Maher (lid not leave the barn daring the night, John IValsi, in the eniploy of 51r. Barke, vas sworn ; but his evi- dence was much like that of the tailor ; and between buth, tle alibi was badly susstained. The Loan CHIEaP JUSTICE, at eight o'clock, proceeded to charge tbejury. He considered it unnecessary to recapitula.e, mi- nutely, tihe evidence. The prisoners at the bar stood indicted for the burning of Bdmund Shea'4 dwelling-house, and for the iiurder of two persons. In point of law, there was no distinction between the two-ifthe jury believed tIhe evidence in bringing the gtilt home to the prisoners in one, thev were ir. the eves ofthelaw ruilty of both-ifinnocent of ene, ther were innocent of both. His Lzard. ship would mnake an observation, before he would read his notes that if the istry credlited the evidence, it was sufficient to suatain the charge laid in the indictment. It was, therefore, a qi4estion of cre- dit, and not of law. The evidence adduced for tbe procecution, if it shouldl be considered unworthy of *credit bv the jury. coald not be attrihbuted to a mistake of the witnesses as to the facts-tiey must be considered as being guilty of a fa- brication. Another part of tile case was. that there was no evidence by nn approver. The testiniony of an accom plice wIas not given. on the trial. He confessed that there was one part of the evi. 'lence, which, at the moment, struck hirn as being that of a parti- ciatp r' (Kelly's) who had been Fnaking bullets with one of the pri. soiters; but s; soon as he discovered that an attack wvas to have beet made on Shea's lhose, the witness, knowsing the danger, ivent to his MIatus, anA put t'hei- uponi their guard. Tlherefore, the CarBe wVaks not supported in the slightest degree bv thie evidence of art accomplice or an approver. Wliether the witnesses had sworn trilyv, was a question for the jury; or whether it w1as possible that a number of witnesses ha(d entered itito a conspiracy, anl by ineans of false swearing, endeavoaredl to coinmmiit a crimree;it'sible,more atrocious than that with whichs thelpri"otrers stood clarged. lfaconscientiouc doubt should be entertained by thc jury, that the prixo>ers were not euilty, then they were entitled to tiC benefit oiuit. A niore itu:ocrious and awful duty could notdevolve on anly jiiry itan wrhat devolved otl them. Ilis Lordship's charge dwelt with much force on the enor- mity of the crime, and contrasted the promninent points of evidence. It lasted nearly two ltours. 'I'hejtiry retiredl before ten. The jury were caUled out about a quarter pact ten o'clock, and the Crir' JUSTrCE inquired whether it was likelv they would soon agree, as lie evidently seemed to be exhausted, ; his Lordiship inti. nratedl, that theyshoulid not bvany means hasten tleirdleliberationRs; le would come dowtr before twelve o'cloclc, if they were of opinlioln that that hour wouldc Answer. Should they exceed twelve ihr not agreeinir. he would dtefer receiving the verdict runtil morning. The Foremnan said that it was likely thtev vrouhl algree very sonln. Tie Jury retired, ants in about a quarter of an hour re urned: their names being called over, thle Foreman a,sked w ith rcspect to tire dis- tinction of the finding in the two inrliocments. fhis Lordship said, that the tinding in one wouilid establish bothi. Tue verdict Of G"i/ft, WaS tilen announced. WVilliam .If..her bent his head, and covered hiS face with his haneds. Darby's deeeaneur underwent no al- His Lordship then proceeded to pass sentence of deathi after whici lie turned to the jury, ard observed_Gpantlemen of the jurv, I concur, in the most unqua,lified mnanner, in the vertlict you have returned. If I hlad a voice capable of comnmutiicating to atli those who arc around, l wortlul tell them, wvhat I hope will be reisienmber- ed by many, that thie prisoners at the bar had not at nmurderous view in their attack On Shea's houise-that it was barely in the pursuit of arms. How long will the comtimon people of this country continuc to hold a passion fr the plinderoof aris ? So long as tliesv continine to udo so, it is i'ilmoaaible to restore trancluillity. They array them- selves agaitst the laws of their country. They act wander vile agita- tors, who encoujrage them in crim, and make them their dnpes. In the morning of that fatal day, you, William and D)arbv Matuer, haid no greater crime in view than mttackitg a house for armsi bat, be- fore the risitig of the morning sui of the succeeding day, vou trait committed murder !-you had indiscriminately sacrisiced so m;lany of your fellow-creatrires ! fis L ordship pronouneed sentence of death upon both the pri- swiersin the usual forni, and ordered. them to be executed on Thurs- day (yesterday), and their bodies given to the surgeons for dis- sectionl. Shortly after the prisoners burst into sobs and tears, in w hich they indulged for some time. - They are both rather well-looking mea, very cleanly in their appearance, and are cousins. They were removed to time gaol under a very stronss guard. IRISl AY.1%'IS. CLONMEL. AUGUST 18.