Star. — 1821-09-28 (London, England)

PIITLIJPSTOWN ASSIZES, SEPTEMBER 19. HOUSE BURNING AND MURDER.  Ahn Buckley, James Acheson, Matthew, Diffij, Michael Daly, and James Cusack, were put to the bar. They were indicted, for arson in the dwellinghouse of Patrick Murphy, near Cloghan, in the King's County, for the murder of the same Murphy and of his sister, Mary Geraghty, on the same night. These outrages, which took place on the 16th of last April, excited very great public attention, from their atro• city and the dangerous spirit of combination which they displayed. The case for the Crown was chiefly proved by two boys of the ages of twelve and fourteen. Their evidence was, that between the hours of twelve and one o'clock, on the night of the 16th of last April, the house of their uncle (Thomas Murphy), where they then were, was attacked by at least thirty or forty persons, variously armed ; that three of them set fire to the house and burnt it; that James Cusack, one of the prisoners, shot their uncle, Thomas Murphy ; that the same man shot Mary Geraghty, mother of the younger boy, and also drove a bayonet into her eye ; that another person, not the prisoner, attempted to cut her tongue out; that she died the next morning ; that their grandmother died in a few days, from terror and grief; she saw the transaction from outside the house, where she escaped. The younger boy identified all the prisoners as being at the murder— the elder, all but Daly. James Murphy, brother of the deceased, swore, that he was going to Dublin late in March preceding the murder; that at a place not far from his brother's house, where he was going to meet the boat, he saw Cusack and Duffy, and six or seven more men, labouring in a field; that they spoke to him, and desired him to warn his brother away, as he was an informer, and must leave the country, or suffer death ; that he told them he must then go to Dublin, and hoped they wouldnot disturb his brother until his return, that he might see if his brother really was an informer; that on his return, he found his brother was wounded, and in great pain, though quite in his senses; that his brother told him to keep his mother till he died, that he might bury them together, so as to make one cost of it; that he said Buckley, Cusack, and Duffy, were at his execution; that he had no hope of recovering; this was the third night after the murder; his brother died in ten days after the 16th. Colonel Lestrange, a Magistrate of the County, confirmed the evidence of the last witness, as to the dying declaration of Murphy. The prisoners set up, except Acheson, each a separate alibi. Daly's alibi was proved by a respectable witness, but the other three seemed to have very little effect, being very improbable and ill supported. Acheson produced evidence of character of a very respectable nature. A strong attempt was made to invalidate the testimony of the two boys, witnesses for the Crown, by proving that two persons against whom they swore, but who are not in custody, were at Tullamore on the night of the murder. This collateral alibi tended to implicate the persons not in custody, and was very unsatisfactory. His Lordship charged at great length. He told the Jury that the prisoners should haie all the advantage of the success of the collateral alibi if it should succeed, but should not be at all accountable for its falsehood if it should fail. His Lordship's charge was a luminous review of the very numerous matters given in evidence, accompanied with obser. 'rations, which, at the same time, gave the prisoners the fullest benefit of everything favourable to them t in the evidence, and'exhorted the Jury to a firm discharge of their awful duty. and prnnounced The Jury retired for four. hours,  'a Bucverdict only. of Guilty 'again st Cusack, Duffy, al Jcley