The Sun. — 1844-07-29 (London, England)

MURDER—EXTRAORDINARY CASE. Edward Nellie was placed at the bar, charged with aiding and assisting in the murder of John Kennedy, of Cappagh, on the 7th of January last. Mr. Scorr, Q.C., stated the case. He said the prisoner at the bar stood indicted for the murder of John Kennedy, the father of a large family. On the night in question some of the family went to the police-station, and on that occasion the prisoner at the bar was arrested, and taken to the house; and on that evening all the family denied' knowing any of the party. In a few days after, when the father's life was doubtful, his children came forward, and named the parties who deprived him of life. There are two others included in the indictment, but they have not as yet been made amenable to justice.  The wife, four sons, and a daughter of the deceased, were examined for the prosecution. It appeared from their evidence that deceased met his death in consequence of wounds inflicted with a spade-handle by the prisoner, assisted by two other persons named Maher and Howell. ' The most extraordinary contradiction existed between the informations of the witnesses and their evidence at the trial. The case for the Crown having closed, Mr. HAMAR]) rose and said, it now became his duty to offer such observations as occurred to him during the progress of this trial. The prisoner at the bar was a man of unimpeachable character, and one whom he would prove to be the last man to commit such a crime as that imputed to him. The jury, no doubt, would ask what could be the reason for the prisoner's committing such an act, when they had it in evidence that the Neilles and Kennedys lived on the best terms. —(The Learned Counsel here animadverted at some length on the discrepancy between the informations of the witnesses and what they had sworn there that day.) Contrast them, he said, with what they had sworn, and he was sure the jury would not believe one word they had spoken, for it was an after-thought of them in tacking the prisoner's name into their informations.  James Bren examined by Mr. Rouzsrom—Recollect, William and Hugh Kennedy coming to my house and telling me their father was beaten. Was in bed, and said I would not get up unless they told me who did it. They then said it was Howell and Maher, and another man whom they did not know. Then got up and went to the police barracks at Knocking-lass. It was not long till head constable Burke arrived, when he arrested Maher and Howell.  To the CouRT—I am sure neither of the Kennedy's, when they came to my house, mentioned Nellie was one oftheparty-. William Poe, Esq., spoke of the prisoner as a 'man of ex• cellent character.  Mr. SAUSSE replied on the part of the Crown to the evi• dence produced for the prisoner. If the prisoner at the bar was not the person who committed the murder, it must be it mistake on the part of the witnesses as to his identification, for it appears they really conceived he was of the party. The Learned Judge (Baron RicirAnm) summed up the evidence. After remarking on the barbarity of the murder. his Lordship remarked that it was his impression that the Kennedys did not go there that day corrupted to swear what was not the truth • but at the same time he conceived they were labouring under a mistake as to the.identity of the man ; they swore, no doubt, what they really and conscientiously believed to be the case ; but then there was a probability, or a possibility, as to their being mistaken in the man. The Learned Judge then began to read over the entire evidence, and animadverted thereon as he proceeded. The jury, after a short deliberation, came into Court with a verdict of guilty against the prisoner. Mr. Cooke, one o the jurors, begged, on behalf of his brother jurors, to recommend the prisoner to mercy. His LORDSHIP said, it but remained for him to pass the sentence of the law, and, of course, their recommendation would. be forwarded to the Government.