The Sun. — 1844-03-21 (London, England)

BREWSTER. Q.C. (who came down specially), Stated the case for the Crown. The two prisoners at the bar were the sons of a man named Thomas Dowling, and who for many 3 ears lived in the townland of Ballylarkin, a mile and a quarter from the village of Freshf, rd. The father had been a tenant of the late Mr. Mortimer, and the latter got. into litigation with Dowling, who disputed his title to the lands; the result was that the deceased brought an ejectment, old Dowling was defeated, and the deceased received possession of the land in the year 1840. He was, however, induced to grant a lease to the sons of the old man, the prisoners at the bar. The lease was executed on the 25th of August, 1840, under which the prisoners were t• hold twenty acres of land for the space of seven years. Some penal clauses were inserted in the lease, and about the year 1841 or 1842, the tenants not having fulfilled their part of the covenant, disputes arose, and Mr. Mortimer took proceedings in the Civil Bill Court against. the prisoners, which were successful. This did not, however, put an end to the litigation ; and in the course of the autumn of 1842 he employed Mr. Hyland to take further proceedings, which he did, by issuing a capias. The prisoners then came to terms, agreed to give up the possession of the farm, and to pass two notes for six pounds each, payable at two distinct periods. This arrangement was partly carried into effect on the 25th of November, 1842, by the surrender of the lease, and the murder, took place on the 29th, the day subsequent to that on which possession should have been given up. In the neighbourhood of the farm, at a distance of a mile, there lived a person of the name of Tracy, whose name had been heard before the present period in the criminal annals of the county, and whose house was the receptacle of the most dangerous and infamous characters. Among others, he was intimate with a man named William Delany. Possession not being given, Thomas Dowling, one of the prisoners, came to the house of Tracy, and stated there that he would rather (lie upon a dunghill than give up the land ; but, although on the day of that visit, the 28th of November, nothing definite was arranged with reference to the murder of Mr. Mortimer, it would be proved that the object Dowling had in view was to procure the co-operatian of Delany, who, being a native of the county of Tipperary, was not known in Freshford, and, therefore, a more desirable instrument. Mr. Mortimer, finding that the Dowlings did not come to execute the notes, determined on proceeding into Kilkenny on the 29th, in order to consult his attorney; and, becoming aware of his intention, Thomas Dowling, at break of day the same morning, returned to Tracy's, and he then proposed to Delany to come to his house, where arrangements would be made to meet and waylay Mr. Mortimer on his return from Kilkenny. In the course of that day, the 29th, Mr. Mortimer proceeded to Kilkenny in the public van, to consult with his attorney ; and Delany, in company with the prisoner Thomas Dowling, came to the house of the latter at ten or eleven o'clock on that day. Mr. Brewster next proceeded to explain the place where the murder was committed, which was in the- town of Freshford, opposite the chapel, and near Mr. Mortimer's house, which was higher up and farther removed from the Kilkenny-road. After some delay, the Dowlings did not conic up, and night falling, Delany proceeded towards the house of the deceased, who lived net far from the chapel, and stood in a stream, so as to see Mortimer coming. Delany then saw the prisoners coming, and the noise of the car was heard as it approached from Kilkenny,