The Sun. — 1844-07-30 (London, England)

MURDER—EXTIZA.ORDINART CASE. Edward. was placed at the bar, charged with aiding and assisting in the murdssUnhnortmaajewielaappatatapzeie the 7th- of January -lafr""' Mr. Scorr, Q C., stated the ease. 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 partiea 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, tour suns, 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 cue for the Crown having closed, Mr.,Hassatm 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 unimpeach-441e-charade; 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 conbl be the reason fur the prisoner's committing such an, act, when they had it in evi(knee that the Neilles and Kennedys lived on the best terms. —(The Learned Counsel here animadverted at some length on the discrepancy between the informationa of the witnesses and-what-they Lad 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. itma,EsTox---Zecollects William and Hugh Kennedy coming teniy house and telling Inc their father was beaten. • 'Was' in bed, and said I would not get up unlessthey told me who did it. They then said it was Howell and Molter, and another man Whom they did ant•know. Then got up and went to the police barracks at Knockingiass. It was .not - long, till head constable Burke arrived, when he arrested Maher and Holed!. Ti the-Coma—I am sure neither of the Kennedys, when they came to my house, inen tinned • 'Ail le was one of the party. 'William Poe, Esq., spoke of the prisoner as a man of excellent character. • -• Mr. Sudsy; replied on the part of the Crown to the evi(fence produced for .the prisoner. If the prisoner at the bar was not the person wl,O committed tb murder, it must be a • mistake on the part of the witnesses as to his identification, fur it appears they really conceived he was of the party. The Learned Judge (Baron Hictramts) summed up the evidence. .After remarking on the barbarity of the murder. his Lordship remarked that it was his Impression that the Kennedys (lid not go there that (lay 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 believ(al to be the case ; but then there was a probability, or -as to their being mistaken in the man. The Learited thou began to read over the entire evidence, and animadverted thereon as he proceeded. The jury, after a short deliberation, came into 07ourt with a verdict of guilty agaiust the prisoner. . Mr. Cooke, one of the jurors, begged, on behalf of kis brother jurors,_ to recommend the prismiK. to mercy. HIS Lotinstne said, it but remained the him to pass the sentence of the law, awl, of comae, their reeommendation would be forwarded to the Government:2n