Star. — 1813-07-17 (London, England)

COURT OF KING'S ),INCH, DUBLIN, JULY 2. Mr. O'CONNELL moved for a Rule to shew cause why a Criminal Liformation should not be filed against Rebete Neeilk, Esq. a Magistrate for the County of Monaghan, and Captain of the Clones Corps of Yeomanry i—This motion was founded on ewe affidavits, stating the circumstances of a most foul and unnatural murder, committed on a young man of the name of Patrick M'Mahon, and it was made on behalf of his wretched surviving father.— The affidavits stated the murder to have been perpetrated on the 27th of May, at Clones, by two yeomen of Mr. Neville's corps, as principals, aided by many otherl. The unoffending young man was stabbed in the back with a bayonet, by one of Mr. Neville's yeomen, named Rooney ; and when he fell to rise no more, a second yeoman, Elliott, struck him repeatedly on the face and on the head until he expired h He was totally unarmed—had not even the usual appendage to the dress of an Irish peasant, a stick. He had given no other offence than that Which ought to be none, his religion : he was a Catholic—his murderers were Orangemen. And this inhuman and wanton cruelty was committed in the open day, in the public street, and within a few perches of Mr. Neville's door. It might have been expected that a man in Mr. Neville's class of life 'would have a horror at the shedding of innocent blood-that be would have used some exertions to bring those atrocious criminals to justice ; but no—it  f • was MOM that be himself belonged to tfiranocia..ion of which the murderers naturally enough were meribers. It was sworn that his corps was constituted of members of that association' whilst an en-' larged policy would have furnished three times ,the number of loyal yeomen in that vicinity. It was sworn that the murderers were at large, glorying probably in their crime—certainly intending to repeat it upon some other innotent and. unarmed victim. It was sworn, that immediately after the murder, an application Was made by the near friends of the deceased, at Mr. Neville': house, to have information taken, but no admittance could be procured. An hour afterwards, a second application was made, but admittance was again denied. During all this period, it was sworn that the murderers might have easily been taken, if Mr. Neville had condescended to admit the witnesses, and granted his warrant; and when at length he took information, he did issue a warrant, but not for a capital felony—merely for a misdemeanour. Upon the next morning it was discovered where the assassins lay ; and as there was a party of the Leitrim Militia and an officer of that regiment in the town (a party which had conducted itself with the greatest propriety) Mr. Neville was applied to for an order to warrant the officer of the Leitrim to send a party to arrest the murderers. It was sworn that their arrest cduld not be effectuated without a party of the army, as the assassins were armed, and prepared to resist—and the friends of the deceased were all unprovided with arms. Mr. Neville was applied to for this warrant, but he positively, peremptorily, and contumaciously refused.— The consequence of this neglect was, that the offenders have escaped. They might have been arrested the day of the murder, if Mr. Neville had done his duty—they could have been arrested the next day, if Mr. Neville had done his duty ; but he refused, and the murderers remained at large, nay, they continued out in arms—they continued bearing the arms of his Majesty, with which they had been entrusted for the protection of the'peace. From the day of the murder to the present, Mr. Neville had never called in their arms, er deprived them of the means of protection against the laws; and thus it appeared that indemnity and protection were held out to assassins and murderers—insolence and murder to the wretched peasantry of that country. The Court without hesitation granted the Rule.