The Sun. — 1846-04-02 (London, England)

CRIMES—THE EFFECT OF REWARD.  Two men, Patrick Hayes and Patrick Rice, were---pUt on trial at Nenagh, on Tuesday last ; their trial has not yet concluded. The evidence for the prosecution terminated on Saturday night, haying occupied five days. The case for the defence was opened yesterday, and the counsel who led for the prisoners occupied the day. The following evidence was given in the course of the investigation by the brother of one of the witnesses for the prosecution. 'Lis man had himself sworn an information in the case ; but the Crown was unwilling to produce him until taunted with tke circumstance by the prisoner's counsel. Mr. DWY ERR called on the Crown to produce John Burns, and Mr. Martley did so, in order that prisoner's counsel might have the benefit of his cross-examination. He was merely asked a few questions by Mr. Martley, and stated be had not hired Hayes to work for him that season. Cross-examined—l was arrested and kept a couple of hours in custody before I gave my information. • I have known Pat Haves for five or six years. After the murder my brother, George Burns, sent down for me one evening, he was sitting in the house at the tire with his sons, John and Den Burns. William Shannon was also there, and Old Mannion. George Burns spoke to me, and asked if Pat Hayes was not in my field that day. He then asked me if I would join and give informations against Pat Hayes for the conspiracy and murder of Mr. Clarke ; that we would get as much money as would make rich men of us. I said I would not join for blood-money in a thing I knew nothing about. I walked out then and heard nothing more about it. Mannion, the fiddler, said he was working with Mr. Clarke, on the day the murder was committed ; himself and Susan Hill met, and that he was in dread to ask her to join in an information in this case, because she was a Protestant. John Mannion said he had asked Sam to join, and that he refused. I heard nothing about persons of the name of Spain, but they talked of Billy Hill as a person likely to have suspicion light on him. They did not finally determine on that night against whom they would swear. Mr. Mummy—How soon after the murder did this conversation take place? John Burns—l do not exactly know. Did you know that Hayes at that time was charged with the crime ?—I heard he was taken at the time. Before whom did you swear informations ?—Before Mr. Tabuteau.  Was it before Hayes was arrested or after that this conversation took place ?—Before Hayes was arrested. Can you say how soon after the murder did this conversation take place ?—About ten days or a week. Did you tell this alleged conversation to Mr. Tabuteau?— Sure,there is an account of what I statel. _ _  Did you tell Mr. Tabuteau what you have sworn to here? —I did not tell him that part of it ; it was not put to me. Did you suggest a single word about the conversation between yeu, George Burns, and Mannion ?—No answer. Question repeated—l did not. How soon did you mention it ?—I mention it now. Was that the first time you mentioned it ?—I mentioned it at present. And not before?—No answer. Did you tell it before P—To John Hayes, the prisoner's brother. . .  -------How long ago ?---rt is not a month since. And when next did you mention it ?—I stated it here. George Burns, John Mannion' and young Mannion were one after another confronted with this witness, and in the most positive manner swore that all that had been stated by John Burns as to the alleged conversation was false.  John Burns said that it did take place. John Moran was the next witness, and he proved having met the prisoner Hayes in Nenagh on the morning of the murder, and he went part of the way back with him; they parted near Meara's forge. Joseph Tabuteau, the resident magistrate, was produced, and after considerable discussion the examination of the prisoner Pat Hayes, was given in evidence, the usual formalities having been observed when it was taken. This exapwnation was at variance with the evidence of several of The witnesses, for he denied having been in Nenagh the day of the murder. He said he was digging potatoes all day with John Burn, for his hire, and after hearing of the murder he went home and never stirred out again the whole night.