The British Press; or, Morning Literary Advertiser. — 1806-08-15 (London, England)

SUMMER ASSIZES.  CAILLOW. JULY n. John Felton and John Doyle were given in charge to the Jury, on an indictment founded on the White Boy Act. The indielment charged that a tumultuous siting being in the country, the Prisoners sent a threatening letter to one James Kensela. of Rathrush, threatedng his life and property. There were several counts its the indictment. Mr. Jot-it:sl.os, for the Crown, stated the case at great length. expatiating upon the injury wising from such proceedings. James Kinsela was called to prove his being 111 the possession of part of the lands of Kilrush. He swore the Prisoners were tenants of his—that he had been obliged to bring an ejeime it to dispossess Felton of his !raiding, which was acc.n-dingly done, that he then let him continue in the house, and afterwards gave him two acres and an half of the land, which Felton yet held, that he had frequently received threatening letters, by post, and otherwise, which he had given to a Magistrate—that a rick of hay. belonging to him, had been, some time since, burned, for which he had caused one Kelly to be arrested, against whom he swore informations ; that Kelly bad not been tried for the felony, but had been discharged—Kelly was trfterwards, as he heard, murdered. He had mot seen the paper, which originated the present prosecution, nor could he state the contents. He did not know he was to be called on to prosecute. until he was bound over in the morning so to do. He had no ill will towards the Prisoner, Felton, nor did Felton ever ail towards him so as to create any cause of alarm or suspicion. He understood the paper in question had been destroyed. Parole evidence, therefore, was then given by the other witnesses. The wife of Kelly, whom the last Witness stated to have been murdered, was produced. She swore, that on the night which was laid in the indietment, she, together with her brother-in-law, were going to a wake. On their way to the wake, she saw the two Prisoners on the road side, and saw the Prisoner Doyle nailing a piece of paper on a cabin door ; that she was apprehensive the Prisoners would see her, and therefore she turned back, and did not go I to Cie wake. The brother-in-law was then called. He swore that on the following morning be went to the house where the paper had been nailed up the night before. He then saw the Prisoner Doyle, but not the other Prisoner—that he read as much of the paper as he could. The paper purported to be a notice to Mr. Kinsela, cautioning him against turning the tenants nut of possession, and threatening to put him to the most cruel death, and to put him in a spiked barrel, and to roll him down a high hill.— At the time Witness was reading the piper in the presence of the Ptisoner Doyle, the latter swore a horrid oath, that the first man that attempted to take it down, should he put to death. The Wittier; missed the paper in two days afterwards. Antirhfr Witness also preyed, at the sawed time, reading the paper, and stated the import to be the same. TheseWitne;ses were severallycross-examined by Mr. Mtblata.v, with a view to establish that the threats contained in o.e paper writing, were not for the purpose of terrifying Kinsela to quit the lands but that he should continue the present tenants, and not disturb theta in their possession. The Counsel for the Crown having closed the  case, Mr. M•Nxi.i.v, for the prisoners, submitted sever 4 points of law to the consideration of the Court. lie said, theorcliminary fac required by the statute Was not established The stature required proof of an naual tumultuous rising, such as are therein described. The statute was enafted to suppress such risings in Munster at the time of the White Boys— but the rising, in the present case, was merely con. strunive—it was merely hearsay—there was no proof of its *dual existence. Mr. M•Natt.v, in the course of his argument, submitted, that supposing the nailing up of the written parr should he construed into "a sending," yet it was not " a letter ;" it was a notice, not direfled to Kinsela, the Prosecutor, but the public. It had none of the component parts of a letter. But what, perhar, was the strongest ohjeftion, supposing it to be " letter," and supposing it so