Births
On Sunday the 3d instant, at Carrickfergus, the Lady of WILLIAM BURLEIGH, Esq., of a son.
On the 30th ultimo, the Lady of JAMES HUTCHINSON, Esq., Banbridge, of a Son.
Marriages
On the 7th instant, at the residence of his mother, in North Street, Armoy, by the Rev. William Killen, P.P., ANTHONY LOUGHRAN, Esq., to Miss ELLEN STEWART, only daughter of the late John Stewart, Esq., Tully House, Loughguile.
At Toronto, Canada, Lieutenant-Colonel JAMES FURLONG, 43d Infantry, to SOPHIA, daughter of Henry Bolton, Esq., late Chief Justice of Newfoundland.
Deaths
On her passage to Sydney, in the twenty-second year of her age, Mrs. JOSEPH C. BRADY of Camlough, Newry.
On the 29th ultimo, at Fathom Locks, Newry, in the forty-second year of his age, of erysipelas, Mr. EDWARD LOWRY, Millwright.
Clippings
THE TIPPERARY CONVICTS.
We have received the following communication from a correspondent in Clonmel:--
"CLOMEL, THURSDAY EVENING, July 7.-- The wretched convicts, Byrne and Quilty, are perfectly resigned to the awful fate which awaits them; and, indeed, after the first burst of natural feeling consequent upon the passing of their sentence had comparatively subsided, they expressed a strong wish to see the Roman Catholic chaplain of the prison. Byrne is entirely altered in appearance; his face is wan and haggard, and his frame quite debilitated. Quilty, on the contrary, still retains his complexion, amounting almost to a florid hue: his bodily strength has not apparently abated. On Monday evening Byrne admitted that he was present at the murder of Mr. Hall, but emphatically denied (as has been deposed to on the trial by the approver Horan) that he actually committed the dreadful deed. Quilty still perseveres in his entire innocence of the crime of which he had been convicted, and says that he had no knowledge of that or any other murder. He avows that, notwithstanding, he is not sorry for quitting this world -- that he will die in peace with all mankind.-- Cork Constitution.
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THE ENNIS AFFAIR.-- The Limerick Chronicle of Saturday informs us that the thirty-eight policemen concerned in the late affray at Ennis were discharged from prison, on Wednesday evening, by order of Baron Richards, and now occupy their barracks in Gaol Street. They have not, however, resumed their usual duties, nor will they until the issue of the Government investigation by Mr. T. B. C. Smith, Q. C., is made known. It adds that a report prevails that fourteen of them have joined the army with the recruiting parties of the 16th and 85th, at present "beating up" in Ennis.
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THE LATE MURDER AT DOLLA.-- On Tuesday last the coroner, James Carroll, Esq., held an inquisition on the body of Samuel Hardy, who was brutally murdered on Sunday the 3d instant, at the door of his father's residence.The jury returned as their verdict -- "We find that the deceased, Samuel Hardy, came by his death in consequence of a mortal wound on the left side of the head, inflicted by one of the party, who attacked the dwelling-house of his father, Wm. Hardy, on the morning of Sunday the 3d instant, of which mortal wound he languished until Monday the 4th instant, and then died, at Dolla."-- Nenagh Guardian.
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The ship Constitution of Belfast, Captain Neill, hence to New York, has arrived there safe, after a quick passage of thirty-five days; passengers and crew all well.
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COUNTY DOWN ASSISES.
(FROM OUR SPECIAL REPORTER)
Monday, July 11.
The business of this Court was commenced to-day at nine o'clock--the Hon. Justice Crampton presiding.
The following gentlemen, from the long panel of the county, were sworn on the first.
PETIT JURY:--Thomas Huddleston, William Casement, Robert Davison, Joseph Martin, Andrew Armour, Richard West, John Cooper, jun., William Chambers, William Curry, John M'Meeken, John Fitzsimons, Henry Girvin,
NEWRY ELECTION RIOTS.
Patrick M'Kenna, Hugh Casey, Thomas Bradley, and Roger Garvey, were indicted for a riot at Sugar Island Bridge, Newry, during the Borough election, on the 8th July last; same prisoners were indicted on other counts, varying the charge of riot, and also for assaults upon John M'Gladery and Hugh Higgins.
Sir THOMAS STAPLES, Q.C., briefly stated the facts of the case to the jury.
Hugh Higgins, sworn, and examined by Mr. Hanna, Q.C.-- I remember the 8th July last. The Newry election had then just terminated. I know Sugar Island Bridge, at Newry; it is in county Armagh, or rather divides the counties of Down and Armagh. John M'Gladery was in my company at the time I speak of. There was a mob at the Sugar Island end of the bridge. I cannot say they were rioting. The mob came up behind us, and M'Gladery was knocked down first. I was then knocked down myself, kicked, and my head cut. I heard no noise, nor did I see any stones thrown. I was severely hurt.
To one of the Prisoners.-- I was going home across Sugar Island Bridge at the time I was struck. My home is in County Down. I saw horsemen in Sugar Island, and in Canal Street. I was not with the crowd myself.
John M'Gladery, examined by Sir THOS. STAPLES -- I was in Newry on the 8th July last year. I was severely beaten at the stone bridge at Sugar Island on that evening. I was knocked down there, and severely cut on the head -- so much so, that I was obliged to go to Dr. Davis, and get my lip stitched, and my head plastered. I think it was by kicks when I was down that my head was hurt. I see several of the mob who attacked me present in the Court just now, Higgins, the last witness, was knocked down before I was. M'Kenna, one of the prisoners, wished me to settle this matter, and told me it would be dangerous for me if I did not, as I was obliged to travel about to fairs and markets.
Prisoner M'Kenna -- You swear that I wanted to settle with you?
Witness -- I do. I know you ever since the time you offered to do so.
Prisoner -- Well, you take a hard one (a suspicious oath.)
Witness -- I swear the truth, and nothing else.
Henry Walker, examined by Mr. HANNA, Q.C. -- I was at Sugar Island Bridge on the 8th July, 1841. There was a mob there. I saw Hugh Higgins knocked down, cut, and kicked by prisoner M'Kenna. he recovered himself, and ran towards Sugar Island, when the prisoner Roger Garvey tripped him up. When he was down, the mob cried, "D--n your souls, lay on him." I next saw Higgins in Doctor Davis's shop, getting his wounds dressed.
Cross-examined by Mr. O'HAGAN.-- The Borough election for Newry was going on at the time I speak of. There was a mob of about thirty persons on the stone bridge at Sugar Island. M'Kenna was in the centre of the crowd. I saw none of the of the prisoners there except M'Kenna and Garvey. I did not know Hugh Higgins before that time. I saw no one struck except Higgins and M'Gladery. The prisoners were not struck, but rather at one side. I recollected my story as well at the last Assizes as I do now. I don't remember whether I then said that the riot took place on the county Down side of the bridge.
George M'Craken examined by Sir THOS. STAPPLES.-- I was at Newry on the 8th July, 1841. I did not see Higgins; but I was looking on when M'Gladery was knocked down. I was in Kildare Street when I saw the latter come out of the crowd, covered with blood. He took off his hat, and was wiping the blood off, when a person came out of the crowd, and struck him. That person was the prisoner Casey. Mr. Henry Waring and I pursued the latter, secured him, and sent for the police. A person threatened at the time, that "I would be paid for that." There was great commotion on the bridge, and I thought stones had been thrown previously.
Cross-examined by Mr. O'HAGAN.-- At the time I saw what I have related, I was coming to Mr. Henry Thompson's in Hill Street. I had seen as great an election riot in Newry before that time. I did not see M'Gladery struck by any one except Casey. There was not a great noise at the time M'Gladery was struck. I saw no one struck that night except the one man. I had known M'Gladery before that time, but did not recognise him until after Casey had been arrested.
To the JUDGE.-- I am quite certain that Casey is the man who struck M'Gladery at Sugar Island Bridge in Newry, on the 8th July, last year. There was a large crowd there. I saw Thomas Bradley strike said Hugh Higgins. I cannot say what effect the blow had upon the latter; and I afterwards saw him in Dr. Davis's shop, and his head was bleeding and desperately cut.
Cross-examined by Mr. O'HAGAN.-- The day I speak of was market-day in Newry, and I was in the town on business. I saw no blow struck, except the one. The crowd were scattered on the bridge at the time.
Joseph Edgar, examined by Sir THOMAS STAPLES.-- I was at the stone bridge in Newry on the 8th July, 1841, and saw M'Gladery knocked down, and kicked by Paddy M'Kenna when he was down. I saw the rest of the prisoners kick him in the crowd, both before and after M'Gladery was knocked down.
Cross-examined by Mr. O'HAGAN.-- I was not in the crowd myself. There were about forty people on the bridge.
The case for the Crown closed here.
Mr. O'HAGAN addressed the jury, on behalf of the prisoners. He relied chiefly upon the probability of the witnesses being mistaken as to the identity of the prisoners, considering the time, place, and the circumstances in which the riot and assaults occurred.
His LORDSHIP then charged the Jury, and [-- text unreadable --] circumstances in which the riot and assaults occurred.
His LORDSHIP then charged the Jury, and recapitulated the evidence.
The jury returned a verdict of guilty against all the prisoners, on the different counts. Sentence was not passed.
The following gentlemen were then empanelled as a PETIT JURY:-- Messrs. James Baird, Alexander Bradley, jun., Samuel Donnan, Hugh Donnan, John Gunning, Henry Carr, Richd. Keown, Jas. M'Clurg, John Moore, jun., Robt. M'Cleery, Archibald M'Roberts, and William Newell.
THE BALLYERONEY RIOTS
Matthew Moore was then indicted for a riot at Ballyroney, on the 25th December last.
James Burns sworn, and examined by Mr. HANNA.-- I know Cope's public-house, near Ballyroney. I also know Green's public-house, about a mile distant. I remember the evening of last Christmas day. I was then in Green's public-house, in company with my cousin, Francis Brown. There is a large room in Green's, and there were about thirty persons in it, drinking around a table. I saw a man come into the room, go over to a table, and call a man from the other side of the table. The person came round to him, and, after they two had talked together for a time, the man got up on a form, and told the company to take up their guns. The prisoner Matthew Moore was present. I saw the guns taken up, but did not know by whom. Matthew Moore went out with the crowd. I could not swear he had anything in his hand. While upon the road, I heard a person tell the man not to bring their guns to the Skeagh -- the place were the man M'Ardle was killed. The crowd went in the direction of Cope's, and I went across the fields, in the same direction. There might have been about forty persons in the crowd. I stood in the field, near Cope's, and saw the crowd come up to that house, from the directions of Green's.
Cross-examined by Mr. BOYD.-- I went to the place just to see the fun. I swore, on the last occasion on which I was examined, that a person came into Green's and talked with a man, who afterwards told the men to take up their guns. I saw about six or seven guns, and knew five of the persons, in Green's house. I didn't swear against Moore before, because I was asked no question about him. I heard a boy say that there would be fighting at John Cope's, and I went to warn the people. I would not swear that the party whom I saw at Cope's were those who left Green's. for I had lost sight of them.
Francis Burns, examined by Sir T. STAPLES.-- I know Green's public-house, and was there on the evening of Christmas day last. There were a great number of people -- say about forty -- in a large upper room there. I saw guns in a corner, and observed men run out upon the road with these guns. The men left Green's, but not in a body, and proceeded in one direction -- that of Cope's public-house. I went near to Cope's myself. I saw Moore near Closkilt meeting-house, on the way to Cope's, and about a mile from it. I saw a great number of persons rush up to Cope's door, shouting, "Turn them out to us now." I heard running commence on the road, on the Banbridge side, and afterwards four or five shots fired -- two at Peter Ward's, and two or three betwixt Cope's and Peter Ward's.
Cross-examined by Mr. BOYD.-- Closkilt meeting-house, the last place where I saw the prisoner, is about three quarters of a mile from Cope's.
John Cope, examined by Mr. HANNA.-- I kept a public-house at Ballyroney, and was at home on the evening of Christmas Day last. I saw a crowd of persons come from the direction of Green's house. Some of them said they had come "to deliver the prisoners," or "the persons who were shut up." A number of persons rushed in, but I cannot say whether they were of the party whom I had seen come up. None of my doors were broken, nor anything of consequence in my house. Several of the crowd had firearms. A great noise and confusion took place inside. I did not see the prisoner in the crowd.
Cross-examined by Mr. BOYD.-- There were a great number of spectators not engaged in the riot at all.
Patrick Duffy, examined by Sir THOMAS STAPLES.-- I know Cope's public-house, and was there on Christmas evening last, when the crowd came up. I saw one of the prisoners there come up to the door, but he had no weapon in his hand. There were certainly more than fifty persons in the crowd. I saw two guns among them, and there were many weapons of other descriptions. Some of the party went into Cope's, but I cannot say whether the prisoner was one of them. I heard afterwards a noise of sticks inside, as if of men threshing.
Cross-examined by Mr. BOYD.-- Moore was a spectator at Cope's, like myself. I know the difference between the sound of threshing wheat and that of threshing a man. I will swear the persons in Cope's were not threshing wheat.
John Owens, examined by Mr. HANNA.-- I was in Cope's public-house on Christmas evening, about six o'clock, and saw a crowd of men come into the house. I observed the prisoner, Matthew Moore, standing among them, in the inside. I did not see or hear him do anything. He had nothing in his hands. I was assisting in the shop. There took place some fighting. I afterwards saw prisoner standing in the kitchen, with his back against a settle-bed. He had neither gun nor any other weapon. I did not see guns with any of the party who came into the shop.
Mr. BOYD addressed the jury on the part of the traverser.
The jury then retired for a considerable time, and, after their return into Court, returned a verdict of not guilty as respected all the prisoners.
Catherine Hamilton, a somewhat respectable-looking female, about thirty years of age, for concealing the birth of her illegitimate female child, at Greyabbey, on the 7th of April last.
The prisoner was given into the charge of the first jury empanelled. She did not challenge any of the jury.
William Torney, a boy about fourteen years of age, sworn, and examined by Sir THOMAS STAPLES.-- I live at Ballybreen, near Greyabbey. On the afternoon of the 8th April last, I saw a child lying in a drain. It was naked and dead. I went home immediately, and told my mother and sister of the circumstance. They came and saw the dead body. I have known the prisoner for a length of time. She is unmarried. The child I saw was a female.
Letitia Torney, examined by Mr. HANNA.-- I am the mother of last witness. I know the prisoner Catherine Hamilton, who lived near me. On the 8th of April last, I was informed by my son that there was a dead female child lying in a drain. I went and saw it. It was only a few hours old, and naked. It was lying in water. I did not go to the drain. I met the mother of the prisoner with the child in her arms, and I saw her take it into her house. She then brought it out, wrapped in an apron, and laid it upon a stile. A girl then laid the body upon the field. I saw the prisoner on the previous day, but took no heed of her appearance. There was a report that she was pregnant. There was an inquest held on the body of the child, which lay in my house from Thursday till Monday. The inquest was held in a neighbour's house, but the jury assembled in mine.
Sarah Torney, daughter of last witness -- cross-examined by Sir T. STAPLES.-- I knew the prisoner Catherine Hamilton. I remember the 8th of April last. On that day, I saw the body of the child in the drain. The drain was pretty deep and broad. It was in a mill-dam; there was water in it, and the body was floating. I saw the prisoner immediately on going home. She was sewing at the time. I could not say that I had observed anything particular in her appearance before that day. I think she seemed large when I saw her sewing. She appeared very ill, and had a handkerchief tied around her head.
[-- text unreadable here --]
... a terrible thing about the child being found in the dam-drain, and she shook her head and said it was. Shaw afterwards said she was afraid of there being aught against the other child she had, when he grew up. The "other child" was a lump of a little boy. She was in bed when she said this.
Joseph Orr, Esq., surgeon, examined by Mr. HANNA.-- I was examined in April last, on an inquest on the body of a female child. The age of the child did not exceed twenty-four hours. It appeared to be a healthy full-grown child. I made a post mortem examination of the body before the inquest. I tried the usual test to ascertain whether the child had been born alive -- taking out one of the lobes of the lungs and trying whether it floated. That, however, is not an infallible test. I thought the child might have been born alive, and that, from the umbilical cord being neglected, it might have bled to death. I examined the prisoner, and found that she had been delivered of a child within twenty-four hours before. She confessed, indeed, that she had been delivered, and said she was alone at the time. I was sent to her by Col. Ward, and she would have told me more, but I stopped her.
Wm. Gamble, sub-constable, deposed to the prisoner's having confessed to [-- unreadable --] of the child while on her way to her sister's in Portaferry -- that she wrapped it up and brought it to her father's house -- that she got a spade, dug a hole behind the house, and put the body into it, and that she thought the woman Torney took it out of the hole, and put it in the drain where it was found. She said it never gave a smudge (never breathed).
The prisoner, being asked by the Judge whether she had anything to say, merely repeated that the child was dead born.
After the jury had been charged, Dr. Orr again came forward, and stated that the prisoner had taken every care of a former child, of which she became the mother, about five years ago.
The jury returned a verdict of guilty.
The prisoner was sentenced to eight calendar months' imprisonment, at hard labour.
The prisoners in the case of the Newry election riots were sentenced as follows, the Judge remarking strongly upon the cruel, cowardly, and treacherous nature of the assaults committed by them:-- M'Kenna, eight months' imprisonment, at hard labour; Casey and Bradley, six months', and Garvey to four months' imprisonment, at hard labour.
Samuel Napier and Wm. M'Conkey, for stealing, at Killinchy, on the 10th June, two hundred pounds weight of lead, the property of Robert Potter, Esq., from a store or house of worship.
Patrick Dobbin, an approver, examined.-- I was coming Comber to Killileagh on the night of the 10th of June, and saw Napier and M'Conkey handling down the lead from the roof of Mr. Potter's house to a person named John M'Cluskey. M'Cluskey caught hold of me, and would not let me go until the lead was sold. It was sold in Comber to Mrs. Harrigan, and I got a share of the money.
To the JUDGE -- I had known the prisoners before the night mentioned, from seeing them occasionally in Comber. I was not aware that the lead was to be stripped of the roof of the house.
Mrs. Harrigan proved buying the lead at 1d. per pound, from Macoubray and Dobbin. It amounted in all to £1 6s. 41/2d. The money was paid to Dobbin.
Dobbin here interrupted the witness, and said that he handed the money to Macoubray as soon as he received it.
Sub-Constable Goold proved arresting Napier.
Robert Potter, Esq., proved that a large quantity of lead was stripped, in June last, from the roof of his store, the use of which he occasionally grants for public worship. Never obtained possession of any part of it again.
Macoubray guilty; to be imprisoned for nine calender months, at hard labour. Napier acquitted.
Jane Devlin (a good-looking girl), for stealing at Newtownards, on the 25th June last, a pair of trowsers and a shawl, the property of Thomas Robinson.
Thos. Robinson examined.-- Lost the articles mentioned in the indictment from a bed-room in his house, on the morning of 25th June; saw the trowsers the same day in the possession of the police. The prisoner and three men came into his house that morning, and had some spirits to drink at the bar. They remained about ten minutes. Never saw the prisoner before. Thinks she is a stranger to Newtownards. The room from which the trowsers and shawl were stolen was close to the bar. Missed the articles immediately after the prisoner and the three men left.
Jane Drysdale, servant to last witness examined.-- Found the prisoner and a man in a house in Frederick Street, Newtownards, the day on which the trowsers were stolen. Saw the trowsers under her arm and shawl round her neck, and took them from her.
Constable Flinn proved arresting the prisoner. She is a stranger in Newtownards. Produces the articles stolen, which were brought to the Magistrates' Court in Newtownards.
The prisoner was found guilty, and sentenced to be imprisoned for six months -- a favour which she acknowledged on leaving the dock, by thanking his Lordship and the jury.
Robert Watson and David Watson, for stealing, at Granshaw, on the 20th June last. twenty-seven yards of linen, the property of James Hamilton.
Jane BAxter, examined.-- I am housekeeper for James Hamilton, a farmer, residing at Granshaw, in the parish of Bangor. I spread out twenty-seven yards of linen on a field on the 27th June; when I went again to look for it, it was gone; but I found a part of it next day in the pawn-office of Mr. Ferguson, of Donaghadee. I knew it to be same cloth I had lost.
John Ferguson, examined.-- I am a pawnbroker. On the 27th June last, I received notice that linen had been stolen; and, on the 28th, a quantity was offered me in pawn by Robert Watson, one of the prisoners. I asked him if he had any more of it, and he replied that his comrade lad had another pice, for which he went. I sent for the sergeant of police; and, when Watson returned with the second piece of linen, I gave him, David Watson, and the two pieces, into custody.
Prisoner Robert Watson -- Did I deny my name when I went to pawn the linen?
Witness -- No, you did not.
Constable Doyle proved arresting the prisoners. David Watson said that he had got the linen from his mother, and that she had more of it than what was offered for pawn. Went to seek the mother, and found that she had been dead for two years.
The prisoner, David Watson, stated in his defence, that he had got the linen from his brother (the other prisoner), and that he had no knowledge of its being stolen.
Robert Watson, guilty, to be imprisoned for twelve months, and kept to hard labour. David Watson, acquitted.
Thomas Hill, Samuel Langtry, jun., and John Cowdie, were indicted for that they, on the 17th April last, at Lurgan, in the county of Armagh, did kill and slay William Waring, by giving him a wound of which he died, at Corereny, in the county of Down.
Robert Carson, examined by Sir THOMAS STAPLES.-- I was in Rebecca Corner's public-house, in Lurgan, on the 17th April last, with six or seven other young men, among whom was the deceased William Waring. The father and brother of deceased were of the party. It was after dark when I was in the house. While I was there -- about nine o'clock -- Harry M'Neill came in and sat down at the kitchen fire. He began to bully the others, to make them rise off their seats, but they would not rise. He threatened them. I did not see a tobacco pipe with M'Neill at that time. We left the house about half-past ten o'clock, and went down the town, on our way home by Blough. We had only gone three of four perches when three men followed us, and asked William Waring if he had M'Neill's pipe. He replied that he had it not. A man named James Lavery caught one of our party named Brice Irwin by the breast, and wanted him to fight. He would not fight, and told Lavery he would take the law of him if he did not loose his hold. We then went on, and there was a crowd behind us bantering us to fight. When we came to Ballyblough, William Waring turned back for the purpose of making some reply, when he was violently struck and knocked senseless. I don't know the man who struck him. I saw Sam. Langtry strike at him at the same time, but I don't think he actually did strike him. When Waring was lying senseless and motionless on the ground, Sam. Langtry said, tauntingly, that "he had taken the mother -- that he must get a bed for him." He then challenged any four of us to fight. I told them that they had done very well, and should finish Waring, and put him out of punishment (pain). Langtry replied that, if I said more, he would give me as much. I saw John Cowdie, another of the prisoners, on the street, after Waring had been knocked down, and thought he was the person who struck him. Waring was taken into the house of a man named Turk, in Lurgan, from whence he was conveyed home to his father's, at Corereny, in a cart, the next day. He was hurt on Thursday night, and died on Sunday.
To the prisoner Langtry -- I picked you (Langtry) out at the coroner's inquest. I said I would know your clothes, and say so still. I asked you to put up on your cap, as I thought I would know you better. I was sure enough of your face. I could not have sworn plump against you if you had put on the cap. The deceased was not taken out of Turk's house before daylight on the morning after the occurance.
[The jury on the Ballyroney riot case here returned into Court, after an absence of two hours, with a verdict of "not guilty."]
Cross-examination resumed.-- I had drunk two half glasses, and three tumblers of beer, on the day I have been speaking of. My party did not fall out among themselves in Mrs. Corner's public-house.
To the prisoner Cowdie -- I have had no conversation with the other witnesses about you, and swear, by the virtue of my oath, that I did not threaten to transport you, if there was not another man in Lurgan.
Cowdie -- You swear that!
Witness - I do.
Cowdie - You may go down.
Brice Irwin, examined by Mr. HANNA.-- I knew the deceased Waring. I was in Lurgan with him on the evening of the 14th April. We were returning home with others, when a party of men followed us. One of them, named James Lavery, caught me by the breast and wanted me to fight, but I said I did not wish to fight with him. Waring was behind me two or three yards; and, hearing the sound of a blow, I turned and saw Waring fall. He never spoke again that I am aware of. He was taken into Turk's house, and removed from that the next day. I saw Thomas Hill, one of the prisoners, at the place when deceased was on the ground.
Jonathan Taylor deposed that deceased was very riotous -- that he wanted witness to get Lavery "to the end of town, when he would give him a ticket that would do his job" -- and that he said he would beat any eleven-stone man in the street.
Samuel Langtry was also riotous. Heard Carson, one of the witnesses, say he would transport Langtry, if there was not another man in Lurgan.
James Carson, examined by Sir T. STAPLES.-- I was along with Wm. Waring on the night on which he was struck. I saw him struck and falling, but I cannot tell who it was that gave the blow. There were a good many round him. I was not a perch from him when he was struck. Samuel Langtry, one of the prisoners, was in the front of the crowd, and the crowd were between us. They said something, but I don't know what it was. Langtry had his coat off, and said he could beat four men. At this time he could see William Waring on the ground. John Cowdie was one of the party who followed us, and he was near William Waring when he was struck.
To the Prisoners -- I was asked, at the Coroner's inquest, to point out Samuel Langtry, and did so. I was not asked to point out any others, nor whether I knew those who were present when Waring was struck. I don't remember swearing at the inquest that Langtry was the only one to assist me in lifting Waring. I did not see him strike deceased. He could not have struck the man without my seeing him.
Robert Strickland Harmay, Esq., physician, examined by Sir THOMAS STAPLES.-- I was called on to examine the deceased on the Saturday before his death. He had been hurt on Thursday. I found him lying in a comatose state, and told his friends he would not recover. I took some blood from him, and gave him medicine, which had immediate effect. I called to see him on Sunday, and found him dying. He did die that day. After death, I examined the body. I found a very small mark on the back of the scalp, I found a large quantity of blood effused between the scalp and the skull. On opening the head, I found the anterior lobe of the brain gorged with blood effused on its substance. This was produced by concussion of the brain, caused by a blow or fall. The injury upon the head was the cause of death.
This closed the case for the crown.
The following witnesses were then produced for the defence:--
John Uprichard -- I was in Arthur Street at the time Waring was knocked down. Cowdie was not among the party who surrounded the deceased. He was standing in my company, upwards of seven yards distant from him. I heard Langtry's voice, but did not see him there.
Matthew Langtry -- I am a brother of the prisoner Samuel Langtry. He was taking, on the night of the occurrence, to Waring and his party, and advising him to go home, but he refused, and said that he (Samuel Langtry) was the person who wanted fighting. My brother said he wanted to fight with no one. I saw the blow struck by Ridgeby which felled Waring. My brother was not beside him at this time, but on the other side of the street. I was about two yards from the deceased when he was struck. One of the parties was going on, and the other following.
To Mr. HANNA.-- Ridgeby was not of my brother's party. I saw Thos. Hill among the party who surrounded Waring.
To the JUDGE.-- Ridgeby was standing with his hands in his pockets, and he coolly took one of them out, and struck Waring about the chin or cheek, and knocked him down. He fell on the back of his head. He had not been saying anything to Ridgeby, but had been talking about being able to beat "any twelve-stone stag."
The prisoners separately addressed the jury in their own behalf.
His Lordship having delivered his charge, and recapitulated the evidence.
The jury, in a few minutes, returned a verdict of not guilty.
Richard Stewart, and Joseph Jennett, for stealing at Moyallen, on the 23d of May last, a quantity of pipe lead, from the premises of George Phelps. Also, on a second count, for inflicting a wound on the head of Daniel Loughan, with intent to do him some grievous bodily harm, and to prevent his (prisoner's) lawful apprehension.
The prisoners submitted on both indictments, and were sentenced -- Richard and Stewart to be transported for seven years, and Jennett to be imprisoned for eighteen calender months, at hard labour.
Robert Smith, Robert Ross, James Linton, and Thomas Walsh, were indicted for an Orange procession at Clarke Hill, near Castlewellan, on the 1st July last.
One of the Castlewellan constabulary proved that the prisoners formed part of a procession of from ten to fifteen, who had a drum, loaded fire-arms, gunpowder, and leaden bullets, but no banners or symbols. Has heard that the anniversary of the battle of the Boyne is celebrated on the 1st of July. It was about twelve o'clock at night when he saw the prisoners, and moonlight -- not so dark but that he could extinguish persons upon the road. (Laughter.)
This witness's testimony was corroborated by sub-constables Stephens and Barnes.
The jury returned a verdict of "not guilty" as regarded the indictment for the procession; but did not agree as to the other charge against the prisoners, and were locked up; but, after having been enclosed for a time, gave a verdict of not guilty on the count for the unlawful procession.
The Court then adjourned.
Tuesday, July 12.
The Court was opened this morning at nine o'clock. The following gentlemen were sworn on the PETIT JURY:-- Messrs. James Greer, George Murphy, Robert Bell, Moses Greer, James Moore, Wm. M'Cann, John Jennings, James Allan, James Baird, James Cleland, John Craig, jun., and Samuel Dorran.
The jury locked up last night on the case of the Orange procession, were called into Court; and, the foreman informing the Judge that they were not likely to agree a verdict, they were discharged.
The prisoners were admitted to bail upon their own recognisances.
PERJURY.
Robert English was indicted for wilful and corrupt perjury, at Rathfriland, on the 13th June last, before G. W. Law, Esq., a Commissioner for taking affidavits.
The offence in this case consisted in the prisoner's having sworn before Mr. Law that he had served writs upon Messrs. James and John Martin, whereas he had not served said decree, although he had been instructed to do so by one David English.
Mr. WHITSIDE appeared for the prosecutor, and Mr. ROSS S. MOORE for the dependent.
The prisoner was found guilty, and sentenced to eighteen months' imprisonment.
CONCEALING THE BIRTH OF A CHILD.
Alice Barker, for concealing the birth of her illegitimate female child, at Anahilt, near Hillsborough, on the 22d March last.
John Gilmore, Robert Davison, Alexander Trimble, and John Denny, for an Orange procession in the parish of Drumgaff, near Rathfriland, on the 1st of July last.
Sub-Inspector Hill deposed to having seen the procession, which consisted of between 50and 100 persons. Heard them play the tune of "Croppies lie down." and saw a drum on a man's back, and drum-sticks on another's back. Trimble was the person who had the drum. Is not sure of any of the other prisoners, but is of the opinion that Gilmore was one of the party.
To a JUROR -- Is not sure that the party he saw formed a procession.
Sub-Constable Murphy proved having heard the music, and the sound of shots. He saw the procession, and identified the prisoner Denny as having been within three or four perches of it.
Sub-Constable Irwin deposed to having heard a party play the tune of "Croppies lie down," on the occasion in question. Heard shots, but does not think they proceeded from that party. The prisoner Trimble had a drum on his back. Does not know whether it was braced or not. Gilmore was about thirty steps in front of the others, and the rest were "all in a lump."
All guilty, with the exception of Denny. The others to be imprisoned for three calendar months each.
His Lordship, in passing sentence, remarked strongly upon the offence for which the three prisoners had been convicted; and stated that, if the practice of walking in procession, were not put down by the loyal spirit of the people of the county, it must be put down by the strong arm of the law. If again brought under his notice, the crime should be visited, not with three months' imprisonment.
CONCEALING THE BIRTH OF A CHILD.
Wm Irwin, examined by Sir. T. STAPLES.-- On the 22d March last, I found the naked body of a child in the rear of my stable, beside my pigs, which I had gone out to look after. It was a new-born infant, and I heard it was female. The arms, legs and thighs were wanting. I caused the body to be removed into a house. I have often seen the prisoner, but never heard of her marriage. She was a lodger in a cottier house of mine -- under the roof with me.
To a JUROR -- We supposed that the arms of the child had been gnawed off by the pigs.
James Carlisle, examined by Mr. HANNA.-- I saw the prisoner in bed in my sister's house on the night on which the child was born. One of her legs was swollen, and she said it was the "rose" that caused it to be so. I saw no other appearance of pregnancy about her. She is unmarried. The night before the child was found, she was in her bed, and appeared to be very unwell.
John Bingham, examined by Sir T. STAPLES.-- Deposed to having seen the body of the child in March last. Its mother was then in bed. Her master refused to take charge of the child, when she was about to be taken to Hillsborough, to be given into the charge of the police. This was the day after the child was found. I saw blood upon the prisoner's bed. We left the child in the black hole, in charge of the police.
George Tyrrell, Esq., M.D., examined by Mr. HANNA.-- I examined Alice Parker on the 23d of March. She had recently had a child -- within three days before. I saw the body of a child - a female. It had the usual marks of being born alive.
The prisoner here interuppted the last witness, and told him he was mistaken, as she had not borne a child for the last seven years.
A verdict of guilty was returned, and the prisoner was sentenced to be imprisoned for twelve months at hard labour.
Luanda Murphy, for stealing, at Crossgar, a pair of drawers, the property of William Wright. Submitted; two months' imprisonment, at hard labour.
John Hanna, for receiving, at Crossgar, on the 10th of June last, a waistcoat and a pair of drawers, the property of Wm. Wright, knowing the same to have been stolen.Not Guilty.
This case finished the business of the present Assizes.
-- -- -- -- -- -- -- --
RECORD COURT
Monday, July 11.
The Hon. Justice PERRIN took his seat in the Nisi Prius Court shortly after nine o'clock.
The following records were then disposed of:--
Patrick Dowdall, proprietor of the "Newry Examiner," v. James D'Aray.
Mr. PERRIN opened the pleadings. This was an action for trespass. Damages were laid at £1,000. Defendant pleaded the general issue.
Mr. NELSON, Q.C., stated the case for the plaintiff, and called several witnesses to establish the facts.
Mr. WHITESIDE stated the defendant's case, and was followed by
Mr. HOLMES, who spoke to evidence on the part of the plaintiff.
The jury found for the plaintiff, with £65 damages and 6d costs.
Counsel for the plaintiff -- Messrs. Holmes, Nelson, and Perrin. Agent -- Messrs. Fraser and Mitchell, Newry.
Counsel for defendant -- Messrs. Whiteside and Napier. Agent -- Mr. Ogle, Newry.
LIBEL.
Rev. Bernard M'Auley, P.P., Downpatrick, v. Conway Pilson, proprietor of the "Downpatrick Recorder."
In this case -- an action for libel -- an arrangement was come to between the parties. The defendant consented to make an apology to the prosecutor, and a verdict was taken for one shilling damages and the costs of suit.
This Court adjourned shortly after three o'clock.
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