The Sun. — 1852-01-30 (London, England)

TEE SPECIAL COMMISSION. yesetheradrgayedwwiitthh tbheeintgriaclonocfnonneedoinfhhee Kth-ellisylwehoof are dmeus crrdiebr of e das Mr. T. D young n gna en. ofn artaetshoenr. humble e prisonersarp on appearance, nacree, and present, in outward appearance at least, nothing to induce the suspicion that they belong to the dangerous class of persons who have caused so much disturbance and terror in the northern counties. They were defended by M. Butt, Q.C., and Mr. Samuel Ferguson. The attendance of petty jurors was numerous and respectable. The prisoners having refused to join in their challenges, the Attorney-General directed thatOwen Kelly should be removed, and Francis Kelly conductedplaced at the ba t h e cafer by forhimself. the p r olh s'eee rneuAtiottno.TlGietniegrhatl Hon. a`nd Learned Gentleman, in the courso of his address to the jury, observed— " The necessity of issuing the commission, and of carrying it out, depended, of course, on the reports, the communications, and, more strongly still, on the sworn examinations of persons who bad an intimate cogaiz ince of the facts. Therefore it was that they (the jury) had been empannelled that day at a period rather unusual and out of the ordinary routine of the outgoing circuits. It was impossible, looking to the character of this.outrage, not to conclude that it had not, as he had said before, resulted from that scheme and that plan of a secret society, interfering with the rights of property in this country, dictating its terms, and executing its mandates. He called their attention to the circumstances of that case, with a reference to the character of the evidence, because it would appear to them in the course of that investigation, that although this murder had been committed in the daytime, in one of the most populous district& of the county, within a mile of a populous townorpon the high road, and where the deed, the facts connected with it, and the manner of its exe. agairtgat C081E1,041 jeverai pro:lB,lst some dis_  strange to say, not a single ndividuslWOl:l7erdibi transaction was found either to pursue the murderers, to assist in their apprehension, to give the alarm, or to go near enough to the spot to be able to identify the perpetrators of the crime, so as to assist in bringing them to justice—which it was manifest arose from the arrangement of this confederacy and the great difficulty which attended the discovery and punishment of the perpetrators of offences of this nature, in consequence of the unwillingness of persons to come forward to give evidence for the Crown, arising, as he believed, from the threats and terror which were held over all who assisted in the administration of justice." The principal witness for the Crown was a boy named Hobert Mills, who deposed as follows : "lam 15 years of age. I live in Keady. My father is a butcher by trade. I remember the day on which Bateson was killed. On that morning I remember leaving Keady to go to Castleblaney. James Sherry accompanied me on that occasion. We went to Castleblaney for the purpose of selling fat. We set out on our return from Castleblaney at four o'clock, and stopped for about a quarter of an hour at a house belonging to a person named M'Ardle, which is about a quarter of a mile from Castleblaney. We then went as far as Mr. Hurst's gate. We there met two boys, whom we took into the cart, because they were :fatigued. We then went on to Mr. Collins' house, where we mot three men and Mr. Bateson. There was one man at each side of Mr. Bateson, and another walking behind him. I saw the faces of the men who were with him. "