A Little Bit of Ireland
Connaught Journal SEP 1823
published Galway, Ireland
Monday, September 1, 1823
August 23.- At two o'clock yesterday, James CONNELL and John DUNDON, were hanged in front of the County Gaol, for attacking the house of Dennis MORRISSY, a farmer, at Cappanahane, when MORRISSY, after making a spirited resistance, was murdered by Daniel CONNELL, their companion, and for which he was executed a few weeks ago. The unfortunate culprits ascended the platform with a degree of firmness, but with the most apparent penitence. Whilst the ropes were adjusting, they emphatically said that they were guilty of the crime for which they were justly to suffer, forgave their persecutors, and trusted through the mercy of Christ for pardon. They were then launched into eternity. Both the malefactors who were in the prime of life, uncommonly stout, and well looking, were for a length of time much convulsed, DUNDON in particular.
After hanging the usual time, their bodies were cut down, and given to their friends, which was one of the last requests made by the unfortunate culprits. A few moments before CONNELL & DUNDON ascended the platform, Daniel NUNAN, their companion in guilt, and who was also to be hanged yesterday, received a reprieve, which was announced to him by Sheriff CUTHBERT in the condemned cell. The pleasing intelligence was quite unexpected, so much so, that his coffin was prepared to receive the body, and the announcement of it made a deep impression on the wretch, who wept bitterly, and said, that if it was only a reprieve to stay the execution, he was better pleased to suffer that day, as he was perfectly resigned to meet his Divine Master.
The Magistrates acting for the Western Division of Upper Donnelloe, who usually meet at Newcastle, deeming it of public importance to that remote part of their district, held a Sessions on Monday last at Abbeyfeale, according to notice published some weeks before. After disposing of several cases of hire, trespass, &c. charges were brought before them, against persons retailing spirits without license, upon which subject they gave some wholesome advice to the assembled inhabitants of the town and vicinity. They then entered on a minute investigation of the conduct of Sub-Constable John HALTON, upon charges preferred by the principal persons residing in the town. The inquiry occupied the Court till a late hour, several witnesses having been examined, and the whole of their evidence having been taken down.
The Court then adjourned to Monday, the 8th of September next, when a Petty Sessions will be again held in Abbeyfeale.
August 23- A Special Sessions, under the Insurrection Act, was held at Nenagh, on Saturday last. When the Magistrates had taken their seats on the Bench, (Mr. BLACKER, K.C., in the Chair), Mr. GLEESON, Attorney at Law, who practices in that Court, presented himself to the Bench, and made a serous complaint against the Police of Nenagh, for having arrested him on the night of the 14th, and during his continuance under that arrest, having treated him with unnecessary harshness.- The Magistrates heard him with the greatest attention, and promised that, after the business of the Session was over, the matter should undergo the strictest investigation.
Accordingly, on Monday, when the business was disposed of, Mr. BLACKER, and Mr. MOORE, the Assistant Barrister, retired, and Mr. GLEESON having given in a written statement of his charges against the Police, the investigation commenced before the remaining Magistrates- Sir Robert WALLER in the Chair assisted by Captain WILSON, Chief Magistrate of Police, who had come from Thurles for the express purpose.
After a close and patient hearing, which lasted for several hours, it appeared clearly that the arrest of Mr. GLEESON was occasioned by his being out after the hour prescribed for the Act for all persons to be within their houses, and by his refusing to answer the challenge of the Police Patrol, although called to. It appeared, however, to the Bench that unnecessary severity had been used by one of the Police, named FOX, who was dismissed from the establishment; and one of the Constables, who also appeared to the Magistrates not to have performed his duty as he ought to have done, was fined a month's pay.
During the whole of the Investigation, Captain WILSON and all the Magistrates evinced the strongest anxiety to elucidate the truth of the case, to give every reasonable satisfaction to the feelings of Mr. GLEESON, and to visit with exemplary punishment any deviation from their duty, on the part of the Police.
On Saturday, there were several persons tried, and only one trial on Monday. There were no convictions. The Court was adjourned to be held at Cashel this day.
CLONMEL, August 23, On Thursday, and yesterday the town was crowded with Clergy, attending the double visitation- that of his Grace the Archbishop of Cashel, and the first of his Grace's triennial visitations on Thursday, and that of the Right Rev. the Bishop of Waterford, which was annual, for the Diocese of Lismore, on yesterday.
On Wednesday evening, as John STEWART, Esq, of Dundrum, agent to Lord Hawarden, was turning on horseback from the town of Tipperary, mid-way between that town and Dundrum, four assassins lay inside the ditch concealed, one of whom fired at him; on his return back, a second shot was fired, but both fortunately without effect. Part of the wadding, or of the torn bushes, struck Mr. STEWART in the face. The audacious attack took place within a few perches of two houses, nine of the inhabitants from which pursued and assisted in taking six persons into custody. Had Mr. STEWART not returned back at the time, he would, most probably, have been murdered, as two more armed men were stationed about sixty yards in advance of those who fired. The places where the ruffians had stationed themselves for the perpetration of the crime, were completely beaten down with their feet, and post-holes were made through the hedge in four different places, with sods raised for their arms to rest on.
Mr. John SCOTT of Rossmore, was with Mr. STEWART at the time of the attack, and a man named Jerry QUINLAN, who had a narrow escape of being shot. This is the second attempt which has been made to assassinate Mr. STEWART.
On the same day, Mr. Michael DWYER, of Coolacosane, was fired upon near Mandemount, it is supposed, in consequence of having taken some lands in that quarter last May from Lord Hawarden. Yesterday, five prisoners, taken at the place of attack, were brought into Tipperary, under an escort of the police, where the Magistrates were to assemble yesterday at noon, to investigate the business.
CLONMEL- August 23.- A King's Messenger arrived in this town, at seven o'clock yesterday morning, with a respite from the Castle of Dublin, staying the execution of Michael MARA (who was to be hanged this day) until the first of September next. The other unfortunate man, named Thos. CASEY, will be executed to-day at the usual hour.--Clonmel Herald
John GRIFFY, who was to have been hanged on Wednesday for burglary and robbery, and whom we announced on that day to have been respited, was by order of his Excellency the Lord Lieutenant, discharged from custody on Thursday.-- Ennis Chronicle.
At the hour of four o'clock yesterday morning, the Baking Concern of Mr. MORTIMER, in Quay-street, was discovered to be on fire.- The alarm was immediately given; and as soon as the garrison was apprised of it, parties of the 3d Royal Veteran Battalion repaired to the spot, and rendered every assistance in their power. We regret extremely that Mr. MORTIMER, notwithstanding, has sustained serious loss, as some of his property, consisting of Flour, &c., was consumed. The Fire Engine, under the direction of Mr. DOWLING, was most effective, and prevented the further extension of the flames.- It is supposed, we understand, that the fire was not caused by accident, but that it must have originated in some evil deed.
A large hooker with four persons on board, and laden with kelp, foundered on Thursday last between Greatman's Bay and Costello Bay. A sailing boat passing at the time providentially saved the crew. This accident is attributed to the hooker being too deeply laden.
The Trinculo, 10 guns, Captain Rodney SHANNON, has captured an American schooner, laden with Tobacco, worth 10,000l, and taken her into Cork.
The Very Warden FFRENCH, acknowledges to have received from Mr. Patrick COMMINS, William-street, One Pound sterling, in aid of the Funds of the Male School, being a mitigated penalty levied off the Toll Gatherer at Mr. C's instance.
TO BE LET
From the 29th of September instant,
One of the New Houses on the College-road, consisting of a Parlour, Drawing-room, five bed-chambers, Kitchen, Pantry, Servants' room, &c.
Applications to be made to Edward M'DONNELL, Esq., Meyrick's-square, who would Set the House he now resides in, should it be preferred.
Galway, Sept. 1, 1823
The Commissioners of his Majesty's Customs will receive Proposals on or before the 10th September, for erecting certain Works on the Custom-House Concerns at Galway, agreeably to a Plan and Specification thereof, to be viewed in the Collector's office.
Each proposal, naming proper Securities, to be selected, and endorsed, to the Secretary of Customs, Dublin."
J. Lushington REILLY, Collector
Sept. 1, 1823
DISTILLERY AND MILLS
TO BE LET
And Immediate Possession Given
The extensive Distillery Concerns of Newtownsmith, with Two Mills, capable of grinding all Grain necessary for the Distillery, and supplying by Forcing Pump, a sufficient quantity of Water. There are three large Coppers, and about five hundred feet of Cooling Pipes, with all other Utensils necessary- for working a large sized Still.- As the Concerns have been lately worked, and a large sum of money expended thereon, they are in good order, and can be Set to work without any delay.
Application to be made to Messrs. J. & P. JOYES, Galway, Sept1, 1823
N.B.- There is a large Dwelling House adjoining the Concerns, which will be Let, if required.
War Office, 22d August 1823
8th Regiment of Light Dragoons- Cornet Henry Solly HODGES to be Lieutenant, by purchase vice WHARTON, who retires. Chambre POMONSBY, Gent to be Cornet , by purchase, vice HODGES.
3d Regiment of Foot- Captain John Moore FOLEY, from the half pay, to be Captain, vice Nathaniel THORN, who exchanges.
17th Ditto- Lieutenant John Thomas NAGLE, from half pay of the Regiment to be Lieutenant, vice Chas. EVANS, who exchanges, receiving the difference. Serjeant-Major John SARSONS to be Quarter-Master, vice KITSELL, who retires.
31st Ditto- Captain Thomas SHAW, from half-pay 25th Light Dragoons, to be Captain, vice Francis Hawksley HALL, who exchanges.
33d Ditto- Captain Charles Joshua TEACH, from the half-pay 10th Foot, to be Captain, vice HEWETT, appointed to the Rifle Brigade.
39th Ditto- Brevet Lieutenant-Colonel Charles M'GREGOR, to be Lieutenant-Colonel by purchase, vice OTTLEY,who retires. Brevet Major GREENE to be Major, by purchase, vice M'GREGOR. Lieutenant James HUNTER, to be Captain, by purchase, vice GREENE.
Rifle Brigade- Captain William HEWETT, from the 33d Foot, to be Captain, vice Charles EATON, who retires upon half pay 10th Foot. Ensign James John HAMILTON, from the 60th Foot, to be Second Lieutenant, by purchase, vice CLINTON, promoted in the 17th Foot.
In order, if possible, to prevent Nuisances, and to shew the Public the penalties that may be imposed on persons who suffer Dogs to go at large, we subjoin the heads of the Act of Parliament on the subject:
By the 36, Geo. 3, cap. 55, it is enacted that "Any person keeping a dog in any public stand or highway, it shall and may be lawful for day persons whatsoever to kill such dog, without being sued or prosecuted for so doing; and further, any person owning a dog which is allowed to go at large, on being summoned before any Justice of the Peace, it shall and may be lawful for said Justice to fine any person so offending, in any sum not exceeding five pounds; and to dispose of said dog as he shall think fit; and notice is hereby given, that the law on this head will be immediately enforced."
The following brief statement of facts will be the best reply to an article in the Advertiser of Saturday last, in which an unfounded imputation is sought to be fastened on the conduct of our present respected Chief Magistrate:
In the month of June last, three sawyers, (John ROCHFORT,
Stephen CONNOLLY, and Thomas BURKE,) were convicted upon the clearest evidence,
before the Mayor and Mr Manus BLAKE, for a combination, and for having, as
combinators, entered the yard of some of their fellow tradesmen, whose names
they broke. Having a right to appeal to the Quarter-Sessions, they availed
themselves of it, and their case came on to be tried last July Sessions, when an
offer was made to swear a Jury to try the issue, which they declined, declaring
by their Attorney, Mr. BATH, "that they were perfectly satisfied to be
tried by the Bench of Magistrates,"- After a very long trial, during which
they were most ably defended by their truly respectable Attorney, Mr. BATH, the
conviction was confirmed, and they were sentenced to be imprisoned three
calendar months, or to pay a fine of five pounds, pursuant to the 19th and 20th
Having thus stated the facts of the case, we shall, for the present, avoid making any further comment, as the matter will undergo and investigation before the King's Bench- a full report of which, the public may rest satisfied shall be laid before him.
published Galway, Ireland
Thursday, September 4, 1823
CORK- Aug 29- RESPITE
On last evening a respite untill further orders was received by the High Sheriff of the county, for John RING and P.SWEENY, the former who was found guilty, under Lord Ellenborough's Act; for maiming T. DONOVAN with a sword, near Castlemarygate; and the latter for the attack on Mr. James BARRY's house at Inchegeels, at the adjourned Assizes.
This day the two unfortunate culprits R. NAGLE and Denis BARRETT, who were convicted for attacking the house of Thomas HEFFERNAN, Esq. of Kilbarry, and robbing it of arms, and also with tendering and unlawful oath to Mrs. HEFFERNAN, will be escorted from the county gaol by a party of the Lancers to Mallow, preparatory to their execution on to-morrow at Buttevant.
CORK-Aug 27- Mr. J. GOLDEN, of Donoughmore, under sentence of transportation for a breach under the Insurrection Act, was this day liberated from confinement in the county gaol, having been granted a free pardon by his Excellency the Lord Lieutenant.
The Countess of Glengall, with her amiable daughters, Ladies Charlotte and Emily BUTLER, proceed to the fair of Clonakilty,to acquire a knowledge of the yarn and linen market there, for the purpose of introducing the same system into the little establishment of a like nature going forward in Caher, under their Ladyship's superintendence, and which promises to employ many of the poorer classes of society..---Clonmel Advertiser.
On Thursday last four Gentlemen grousing on a mountain near Bantry, were attacked by a party of the peasantry, and one of them disarmed. The Gentlemen had separated in search of game, and one of them; who had a double-barrelled gun was suddenly surrounded and deprived of his fowling-piece. The Gentleman remonstrated upon the nature of the outrage, and stated, that he was a Magistrate of the county-upon which the ruffian who had got possession of the gun, turned it against the owner, and fired at him; the shot passed between his arm and side; without doing him any serious injury. His fellow-sportsmen coming up, the assailants desisted from any further violence, and went off with what they had obtained.---Advertiser
The peasantry mentioned in the above transaction, are stated by a contemporary to have been men employed by Lord Bantry to preserve game on his mountains, and four Gentlemen were trespassers against his Lordship's orders. How happily The Advertiser give the Whiteboy colouring to a circumstance which is known to be of a more ordinary occurrence in England than in this country.--Chronicle.
CO KILDARE (NAAS)- The Special Sessions, under the Insurrection Act, for the County of Kildare, took place in this town last week. Four persons were convicted- the first, one KELLY, a tailor, near 80 years old, who, being at some distance from home, slept at a customer's house- it was said that he had a bad character ever since 1798, and he was sent off from the deck in a post-chaise with no escort. The second was a Mr. KENNY, a wealthy farmer, who was found in a public-house after nine o'clock on Saturday, the 9th of August- there were two others with him, one of them to receive his wages- the other, a man to whom he gave a pint of beer after his day's work- they were all found guilty, though excellent characters were given of them. There were many others in the dock who were acquitted, being taken on the high road, with their drays and horses, returning from market. It was expected that the Justices would memorial Government and have the County relieved from the operation of the dreadful act, as the County, is perfectly quiet, and no outrage has been committed- no step of the kind was, however, taken. We cannot help calling the general attention to the great hardships inflicted by it on industrious and respectable persons. Here was a crowd of persons seized on the high road, with their sacks, carts, and horses, returning from market, where alone they could sell their produce- it is true they were acquitted, but what loss of time, property, and comfort did they incur- what alarm to their wives and families?- Who were the people to try, when so many Magistrates assembled? An old tailor, for sleeping at a customer's house- and a respectable farmer for giving a drink of beer to two labourers on Saturday evening. We hear, that at the very same time the Justices and their families were out all night at balls and suppers. it may truly be said, that in Ireland there is one law for the poor and another for the rich.
Extract of a Letter from Ballyroan, Queen's Co.
"I am sorry to inform you that a fever of a very malignant nature has broke out here; the poor call it the black fever; it was brought to this part of the country by a servant girl from Dublin, who came to see her friends; she and several of the poor to whom she communicated the infection, have died of it. The contractor for repairing the roads, to give employment to the poor of this immediate neighbourhood, in consequence of the fever and the badness of the times, has extended his work into this district, though contrary to his directions. The crops are promising. The light wheats every where look well- a few fields of heavy wheats have been lodged by the rain- in the neighbourhood of Nenagh some heavy wheats have been already cut to preserve them from a total lost."
RECORD COURT- GALWAY
Nicholas BURDGE v. Anthony MITCHELL
This case excited much interest.- It was an action for money paid by plaintiff for the defendant's use, which was tried before the Learned Recorder (James O'HARA jun, Esq) and a most respectable Jury, on the 2d of September inst.
Mr. Francis BURKE, the Counsel for the Plaintiff, stated the case.- The plaintiff had some years ago become leasee of a House in Shop-street, which was a part of the Barna estate, at a rent of £120 a year- The plaintiff became such leasee under an agreement with the defendant (MITCHELL) that so far as £120a year he was only surety for the defendant (MITCHELL) who was to have an equal share in the under-settings of the House, and the Shops of both were in separate ends of the front, and each was to pay his share of the £120 a year rent. The present action was brought for a sum of £60 which the defendant left the plaintiff to pay in 1822, and also to pay his own £60 to May, 1822; but this last sum of £60 was payable out of the plaintiff's share of the profits and was not sought to be recovered from the defendant.
Mr. BURKE said, that in order to meet the defence of a set off, and to shew that although the defendant insisted on a set off for upwards of £400 there was in point of fact no set off for any sum whatever, it became necessary to state, that in June 1821, a year's arrear of £120 was due to the Receiver of the head agents and as the Receiver became pressing for the rent due in November 1820 (being one gale of the arrear) the plaintiff and defendant, who had until that period discharged equal shares of the head-rent, were contending that this new payment should fall on whichever had received most of the profits from the commencement of their dealings and the plaintiff offered to pay the gale of November, 1820, if it appeared that the balance of the payments was for that time so much in defendant's favour. The defendant made a like offer, and neither of them knew until then what the receipts of the other had been; and on the 1st of June, 1821, they both furnished an account of their receipts from the commencement. The defendant had only received £21 and plaintiff £154 to 1st of June, 1821; and plaintiff having the excess of £73 against him as a common fund for them both he, on the following morning (the 21st of June, 1821) paid £59 for the benefit of both for the gale of November, 1820.
This was not sought to be recovered from defendant- but was only stated to shew that the £73 of the common stock to plaintiff's hands on the 1st of June, 1821, was, by the payment of £60 for their common benefit, on the 2d of June, reduced to a sum of £13. The remaining £60 of the year's rent which was due in May, 1821, was paid by the plaintiff out of a sum of £65 received by plaintiff from under-tenants after June, 1821. This further sum of £60 was not the subject of this action, but was also stated to shew that the £65 after June, 1821, could not be a subject of set off further than its excess of £5, which with the former excess of £13 and a sum of £8 received from a tenant named WILSON, made £26, the only fund for which plaintiff was liable to account towards the rent of May, 1822, whilst the defendant was liable to account with the plaintiff for a sum of £34 which he received from under-tenants since the 1st of June, 1821, and £12 for expences and losses which the plaintiff was put to by reason of the defendant's granting an annuity to a Mr. MAHAN of Dublin, to which defendant was not at al la party; and although a balance was thus against the defendant yet the defendant left a further entire year's rent from May, 1821, to May, 1822, to be paid by the plaintiff of which the defendant's proportion was £60, which, with the rent account of the last year was the subject of this action.
In May, 1822, the tenancy expired, and an expense of £20 was incurred before the Defendant would give up possession. This was not the subject of the action, but only the antecedent account and £60 for the Defendant's share of the rent, which Plaintiff was obliged to pay, before the Court of Exchequer would put the plaintiff in possession under a new bidding.
Mr. BURKE observed that in Seiwyu's nisi prius, under the head of the assumpsit, for money paid, it is laid down, that when one person is surety for another, and compellable to pay the whole debt, it is money paid to the use of the principal debtor, and may be recovered against him in an action for money paid, even though the surety did not pay the debt by the desire of the principal.
George MAUNSELL, Esq., proved the payments made to him as Receiver of the Court.
Mr. Patt MALONE proved the accounts agreed to, and exchanged by the parties, and the items of the bill of particulars.
On the cross-examination of Mr. MALONE, he was interrogated as to several payments made by the under tenants to the plaintiff, but they appeared to be contained in the £65 already accounted for by the plaintiff in gross, and the particulars were so found in the plaintiff's books referred to by the plaintiff.
An under-tenant, named DAVIS, was produced by the defendant, to prove that he had made several payments to the plaintiff or rent. On cross examination, those payments appear to have been since last May twelve months, and not directly made for arrears, but applicable to subsequent rents since MITCHELL's interest determined.
Patt FLYNN, an under-tenant, who had paid eight guineas arrears, was produced for a like purpose.
It was admitted that several of the under-tenants were insolvent.
Mr. BURKE insisted that plaintiff was entitled to apply any payments from tenants to plaintiff's own £60 before the £60 for the defendant's share, for which the defendant should have collected the funds himself.
The Learned Recorder charged the Jury to take the accounts and admissions on payments, and insolvencies into their consideration; the plaintiff was as much interested in using due diligence to recover the arrears of under-tenants to replace his own £60 as he was to replace the £60 advanced by him for the defendant; and if the tenants were insolvent for the arrears, the plaintiff was entitled to allocate to the growing gales the payments not expressly allocated by the tenants to their arrears, and if no arrears (to which alone the defendant could have any title) were paid to the plaintiff, the defence of payment, or set off, must fail and as to the other items of the plaintiff's bill of particulars for expenses created by the defendant's annuity to MAHON, they were only to be allowed in case the Jury thought that those expenses were incurred by defendant's desire. Mr. MALONE proved that the defendant objected to his liability to pay those expenses, although it was admitted to Mr. MALONE that the plaintiff went to Dublin on this business with defendant's knowledge and assent. If any arrears were paid to plaintiff then credit should be given to the defendant for half such arrears, inasmuch as the plaintiff was entitled to the other half to provide for his own moiety of the £120. The plaintiff was clearly entitled to charge the £60 paid for the defendant's moiety of the £120, subject to such payments as may not have been allowed in the accounts furnished by plaintiff. Those payments, if any, would be allowed under the plea of payment, and not under the notice of set off.
The Jury retired for five minutes and brought in a a verdict for the plaintiff of £60 damages and six-pence costs.
Agent for the Plaintiff, Mr. Constantine O'HARA.
Agent for the Defendant, Mr. CONOLLY.
Colonel Francis French STAUNTON, of the East India's Company's Service, whose promotion to the rank of Knight of the Bath was notified in a recent Gazette, is eldest son of the late John STAUNTON, Esq. of Woodpark, in the County of Galway.
Richard MORTIMER takes the earliest opportunity of returning his sincere Acknowledgments to Colonel COGHLAN, of the 53d Royal Veteran Battalion and to the Men under his command; to Sheriff SMYTH, and to the Inhabitants of this Town in general, for their prompt and generous exertions in extinguishing an alarming Fire which broke out in his Bakery, in Quay-street, on Sunday morning last. Although their kind exertions did not prevent him from sustaining a serious injury, still he feels himself called on thus to express the Gratitude which he owes to a humane and generous Public.-Galway, 4th Sep 1823.
Mr. William BURKE will shew Rams for Hire and Sale at Ballydugan
from the 22d instant until the Fair of Ballinasloe.
N.B.- A Long Horned Bull for Sale
Ballydugan, Sept 4, 1822
Of the Entire Stock of the Leeds Woollen-Hall,
A. DOLPHIN, Proprietor
Begs leave to call the attention of the Public to his extensive Sale , he being determined to Sell off without reserve his present Stock, consisting of Super Fine Black and Blue Cloths; Medley ditto; Cassimeres of ever ydescription; Naps, &c, & with every article ann??????? to the business. An early application is requested.
N.B.- No second price- Cash to be paid down on delivery.
Galway, September 4, 1823.
After a short illness, of an attack of Erysipelas in the face, in the 25th year of his age, Surgeon David ARROLL, son of Surgeon Samuel ARROLL, of Belfast
At Lisburn, on the 16th August, James CORDNER, Esq. aged 73.
Of fever, on the 7th inst., at his Glebe-House, Killough, the Reverend William MILLIGAN, in his 54th year.
In Limerick, Mrs. BOURCHIER, relict of the late John BOURCHIER, Esq. of Elm-hill, County Clare.
Of a few moments illness, Mrs. John MORRISON, of Millbrook Green, Tanderagee.
At the residence of her son-in-law, Counsellor COLLIS, in Kinsale, Mrs. RASHLEIGH.
At Shannagh, County Dublin, Mr. Robert SEXTON, of Kingstown, to the amiable Miss Grace CULLEN, of same place.
In St. Anne's Church, by the Rev. G.W. COLTON, Jane, eldest daughter of Mr. William WILSON, of Collinstown, County Westmeath, to Captain DUNCAN, of the brig Neptune.
At Tarbert Church, Rubert LESLIE, of Turbert-house, Esq to Margaretta, eldest daughter of Wm SANDER, of Pyrmont, Esq.
In Filfinnane, George BEVAN, Esq in the County of Dublin, to Mary Anne, only daughter of the late Walter BROWN, of Fermoy, Esq.
John CROMIE, Esq. of Roe-Park, County Londonderry, to Ellen Jane, eldest daughter of the Hon. Barron PENNEFATHER.
At Boxford, Thomas HASSELL, Esq. of the Bank of Ireland, to Miss WYNNE, youngest daughter of Wm WYNNE, Esq. of Boxford, County of Suffolk.
Mr. Henry WHEELER, of Mary-street, Limerick to Rachael, daughter of Mr. William O'FARRELL, of Merchant's quay.
Directions for Pulling & Treating Flax, as practiced in the Netherlands.
In order to know when Flax is ripe for pulling, a few boles are to be cut across the middle, and if the seed be fully formed, and not milky or watery, the pulling is to commence under the following directions:-
1. The Flax, when pulled, to be in bunches, as large as a man
can grasp in one hand, and in pulling, the hand is not to go lower than within
16 or 18 inches of the ground, lest it take up the short Flax with the long.
2. Six bunches to be laid on each other, the first straight on the ground, the second aslant across it at the root end, the third is like slant, reversed across the second, the fourth in like slant across the third, the fifth in like slant across the fourth, reversed, and the sixth straight along the whole to cover it; the root ends of all to be together, so as to raise that end highest; and create a sloping slant towards the other, for the rain to run off.
3. In this state, they are to remain four, five or six days, according to the weather to dry or harden.
4. When dry, every six bunches should be tied together loosely, and put in stocks of eight to the stock, the roots downwards, and that part which was on the ground to be outside, and so remain until fit for rippling; the stooks to stand north and south, in order to give them the full advantage of the morning and evening sun, and to be ranged in straight files so as to let the wind pass through them, and facilitate their carriage from thence either to the ripple or to be stored.
5. When ready for rippling, the bundles with the seed on, must be placed at one side of each rippler, so that he may conveniently take up the Flax in small bundles to ripple, after which he is to place it on his opposite side, to be bound in bunches, as much as two hands can grasp loosely.
6. From the ripple it is to go in the steeping pond, into which it is to be put in rows; for this purpose two men stand on the banks, one on each side, the first throws the bundles into the water, the other, on the opposite side, stands to range them with a long-handled fork across the pool, always putting the roots in a line at the same end, and observing that the roots of each layer are to be laid in a line close to the band of the first; and when the pond is filled with ranges of three layers each, as above described, the last layer is to be reversed, that is, the roots to be put downwards, so as to form an end of roots; grass and light weeds are then to be thrown over in reversed order, and mud put on it, taking care that no more mud be put on the top of the entire than will be sufficient to keep the whole under water a few inches, four or five perhaps, so as to exclude all light from the Flax. Note- Should any mud fall upon the rest of the Flax below the band, when forming the layers, it is to be carefully washed off.
7. The time for remaining in steep must be determined by the quality of the Flax, and water, and the state of the atmosphere, and the Flax need not be examined before the fifth day, the object of steeping being to dissolve the hold by which the Flax or Bark, is united to the pith or woody part; the mode of trying when this is effected is by raising the bark near the root, and again, at about six inches from thence, towards the top, so as to break the wood in each place, then if the wood can be easily drawn out at the bottom, it is completely loosened, and the steeping should cease.- This trial may be occasionally made at every four or five inches upwards, so as to ascertain the separation being effected through the whole of the length of the stem, but this will seldom be necessary.
8. After steeping, the Flax is to be taken out (to be spread) wherein attention must be paid by the man standing on the bank, to wash each bundle well from all clay with his fork, before he takes it out of the water. In spreading it the lines are to be arranged by the root and end, and when it is desirable to turn the Flax, a long stick is to be put under it, with which it is completely turned over, and each succeeding line is turned into the ground which the former one occupied; eight days will be required on the grass for the upper side spread, and four on the side under. The reason for the difference of time is, that if the outside of each bundle is better steeped than the interior, which if the Flax be properly spread, is always first exposed to the weather. In Holland particular attention is paid to the spreading and turning Flax as above described.
NOTE- That each pool is to be made seven or eight feet wide, sloping to six feet at bottom; the length is to be determined by the quantity of Flax to be steeped, and the depth to be about three feet six inches, or four feet; as there is to be no current allowed through it; and the water is to be kept stagnant; great care is to be taken to keep it water-tight, by puddling any veins of gravel or sand through which the water might escape.- Some of the mould must be left at the bottom, loose, for the scrapers to draw upon the Flax.
The seed, when rippled, is to be brought home for thrashing, the refuse left at the ripple will be greedily eaten by cows, calves, or pigs.
Each County Inspector will be furnished by the Linen Board with a Rippler and Scraper, for drawing up the mud, to serve as models for such persons as any wish to adopt them.
published Galway, Ireland
Monday, September 8, 1823
Dublin, September 2
ASSAULT WITH ATTEMPT TO COMMIT A RAPE
Owen CAMPBELL stood indicted for an assault on Mary Anne M'KEON, with intent carnally to know and use her, and to commit a Rape on her. The Prisoner was also indicted for a common assault on Mary Anne M'KEON. The Prisoner appeared to be between 50 and 60 years of age.
Mary Anne M'KEON, (an interesting and very handsome Child,
apparently about ten years old) examined by the Recorder.
Witness lives at No. 22 Tighe-street; knows the man at the bar; he lived in the same house with her father; he lived under him; her father lived above in the house; she recollects the prisoner desiring her to go for a loan of a hammer; this was in the day time; he said that if she would get the hammer he would knock a nail down in the heel of her shoe; she got the hammer; he then shut the door on her, and put her sitting on his knee.-[ Here the witness described the conduct of the prisoner]- She bawled out, but there was nobody for her to bawl to; she told her father in about a week after; she was ashamed to tell before.
Daniel M'KEON examined by Mr. M'KANE
The child just examined is witness's daughter; about the 25th of February, he (witness) took notice that the child could not walk; he asked her what ailed her, and she burst out crying, and said that he would beat her if she would tell; he said, that if she would not tell he would beat her; she then said, that on the day they were all gone out to the funeral, she went down to play with the prisoner's children; that he ( the prisoner) sent his children out of messages, and sent her out for a hammer. [ Here the witness described the conduct of the prisoner as related by the child.]
Witness sent her quietly to be cured; he did not wish to put the law in force against the Prisoner; or have his child affronted; the child was under the care of Doctor TODD, but not getting better, she was afterwards sent to the Lock Hospital; she was from the 25th February to the 17th June under Dr. TODD's care.
Surgeon EGAN, resident Surgeon of the Lock Hospital, proved the admission of the child into the Hospital; and stated the nature of the disease under which she suffered. This Gentleman also explained the gross fallacy of a vulgar error, the prevalence of which has often led to assaults of this description by the most depraved and ignorant of the lower classes.
In this case the act of violence had not been completed. The child is not yet perfectly cured; it will take about a month more to cure her.
The prisoner was found Guilty.
SKATING- A skate has just been invented, with the design of rendering this amusement independent of the frost. It is like the common skate in general appearance; but instead of one iron, it has two, with a set of very small brass wheels let in between, which easily revolving, enable the wearer to run along with greater rapidity on any hard level surface, and indeed to perform, though with less force or nicety, all the evolutions of skating. A patent has been obtained for the invention, and it is now particularly exhibited at the old tenis-court in Windmill-street.-- London Paper.
EXECUTION OF MICHAEL MARA
Clonmel, Sept 3- On Monday, the above unfortunate man, who was respited some time ago, paid the forfeit of his life in front of our County Gaol, and in presence of a vast concourse of spectators. Between twelve and one o'clock the miserable culprit appeared on the platform, attended by a Roman Catholic Clergyman, the Rev. Mr. BALDWIN, evincing a great deal of composure and resignation to his wretched fate, and seemingly regardless of those horrid preparations for death which surrounded him, so lost was he in prayer and pious ejaculations. Previous to his being launched into eternity, he addressed the assembled crowd, and as well as we could understand him, in the following words; "That although he was about to submit willingly, and acknowledge his respect for the laws of his King and Country, still that he could, with a safe conscience declare, as he was then declaring in the presence of God, before whose tribunal he was immediately to appear for judgment, that he was not concerned, directly or indirectly, in the the crime for which he was condemned, and that he forgave his accusers, hoping that God would forgive him; and recommending himself to the prayers of his bearers, he patiently awaited the moment which was to close his career in this life, and died without much agony.-- Clonmel Herald.
An order has been received from the Government by the Sheriff, to respite the execution of John FLANNERY, Patrick otherwise James MURRAY, John M'DONNELL, (commonly known by the name of BULLOCK), Penelope BURKE, and Mary CARROLL, sentenced to death at the last Assizes of this town.
TO BE LET
(During the Minority of T HYNES)
From the Twenty-Ninth instant,
Two houses, with Offices, &c.
At Prospect Hill, at present occupied by John MOORE and Manus BLAKE, Esqrs.
Apply at the Stamp Office
Galway, September 8, 1823.
In the Matter of William WOOD, a Bankrupt
TO BE SOLD
By Order of the Commissioners in this Matter on the 15th Day of September instant, at the Hour of Three O'Clock in the Afternoon, at the Royal Exchange Coffee-Room, in the City of Dublin, All the Outstanding Debts Due to the Estate of Said Bankrupt.
For further particulars, apply to Alexander FARIS, No. 5, Gardiner-place, Dublin, Agent to the Commission and Assignee, if by letter, post paid.
A Schedule of said Debts has been posted in the Exchange, Coffee-Room, Dublin.
Austin MARTIN, Auctioneer.
September 1, 1823
CHARGE OF POISONING
James's street Division.
CORONER'S INQUEST- a strong sensation was created in James's-street and Thomas street, on Monday and Tuesday last, in consequence of the sudden death of a female named MOONEY, on the cross-poodle, the wife of a sawyer. The Mob had it that she was poisoned by some individual and hastily buried to avoid further inquiries. Information of the circumstance having reached this Office, the Magistrates ordered an intimation to be made to the Alderman TYNDAL.
The body of Mary MOONEY, which had been interred in the Hospital Fields on Sunday morning, was exhumed on the same day.
Yesterday, Alderman TYNDAL having summoned a Jury to investigate this mysterious occurrence, they assembled at this Office, and were accordingly sworn. The body of the deceased was placed in a neighbouring house, and the Jury proceeded to inspect it.- There was no mark of violence whatever on her person; she appeared rather as if in a slumber than dead; she had only attained her 19th year, and was remarkably beautiful.
The Apprentice of the Apothecary residing in Francis street, was the first Witness examined. He stated that on Wednesday morning last, the Deceased came to his Employer's house, and that she kept a dairy, was annoyed by rats, and pressed him to give her a pennyworth of Corrosive Sublimate; he at first refused, but afterwards, believing her statement, complied; he wrote "poison" on the paper when he handed it to her.
Henry MOONEY, the husband of the Deceased, was next sworn. He said that on Saturday morning last, at six o'clock, when he rose to proceed to his work, he observed his wife taking what at first seemed to him to have the appearance of medicine; he inquired what it was; she answered salts; which she was ordered to take. He at that time observed her stirring a little mug with a knife; in the mug was a white liquid; she had occasion to grind and pound it before it could be dissolved; she raised it to her mouth, and swallowed the greater part of it; he grasped her arm, took the mug and ran to several Apothecaries to ascertain what its contents were; none of those he applied to could analyse it; he then went to his work; in about an hour after a messenger was sent after him, and apprising him that his wife was in fits, he returned home instantly, and obtained surgical aid; on viewing her the Surgeon announced she was dead.
MOONEY, on learning that rumours to his disadvantage had been circulated, and that he was suspected of the crime of poisoning his wife, came to Mr. PAYNE, Chief Peace officer of this division, and surrendered himself. He was according placed in confinement.
An aunt of the deceased was examined. She said her niece had been only nineteen years old, and that she and her husband had lived together on very good terms, and had never had any serious disagreement that she knew of; nor had MOONEY ever beaten or ill-used her.
The mug out of which the deceased had drank the fatal draught was produced, with some of the poison still in it.
The Jury having deliberated for a few moments, agreed to return the following verdict:- "We find that the deceased, Mary MOONEY, came by her death in consequence of having taken a certain poison, dominated Corrosive Sublimate." MOONEY was instantly discharged and the deceased again interred.
Horse Guards, Aug 28, 1823
With reference to the General Order of the 8th of November, 1821, the Commander-in-Chief has been pleased to direct, that, in future, the establishment of each Regimental Band throughout the service, shall be a Serjeant (Master) and Fourteen Musicians; but, in granting this indulgence, it is his Royal Highness's express command, that the strong prohibition contained in that Order, against any excess of the prescribed numbers, shall be strictly applied to his Royal Highness, the Commander-in-Chief.
Henry TORRENS, Adjt-General.
Horse Guards, Aug 30, 1823
When Regimental Officers wear their great coats, they are, for the sake of convenience, permitted to wear their swords, slung outside the great coat, with a black leather waist belt.
It is however, to be distinctly understood, that the indulgence is not to be resorted to on any other occasion- that the Waist belt shall be perfectly uniform, of the plainest and most economical pattern, and having no ornaments beyond the usual rings and buckles, with a clasp in front bearing the number of the Regiment- By command of his Royal Highness the Commander-in-Chief.
Henry TORRENS, Adjt-General.
published Galway, Ireland
Thursday, September 11, 1823
Friday, September 5
Edmond MURRAY and John REDMOND, sawyers, were put to the bar, and indicted for the wilful murder of George WALSH, on the 26th July.
Mr. Walter DOOLAN examined by the Recorder- Stated himself to be a master carpenter, and deposed that he knew the deceased George WALSH, who was a labourer, and came to him on the morning of the 26th July, at his yard on the Bachelor's-walk, to look for work; that he (DOOLAN) desired him to wait until he came down from the loft; and that while above he (DOOLAN) saw a number of men come into the yard, whom he recognised as mostly sawyers, and all armed with large bludgeons- upon which he cried out to his own men, who were working in the saw-pit, to run up to the loft or they would be all murdered, and immediately he (witness) received a blow on the head from a brick, which cut his hat, and caused the blood to run down his face. The party then proceeded to very considerable violence, and demolished or destroyed an office he was building in his yard. Witness contrived to get down from the loft in order to go for the police and was joined in his way by his nephew and son, when they overtook prisoner REDMOND with some others, who had parted from the body of rioters in the Lots, at the rere of Mr. DOOLAN's yard, the remainder of the party proceeding towards Capel street; witness took prisoner REDMOND into custody on meeting him in the Lots.
Cross-examined by Mr. WALLACE- Did not find any weapon or bludgeon upon REDMOND when he apprehended him, nor did he recognise him in the yard when the attack was made; does not know what particular injury was intended for the sawyers working in his employment, nor how the deceased came by his death, but that it was during the riot.
Surgeon ADAMS, of Jervis-street Hospital, deposed that the deceased came by his death from mortification in his left arm, owing to several contusions which it had received from some round weapon.
The wife of the deceased (a young girl with a child in her arms,) deposed to having seen her husband dead in Jervis-street Hospital, from the wounds he had received when beat at Mr. DOOLAN's.
Thomas COLEMAN, an apprentice of Mr. DOOLAN's was in the room over the gateway of the entrance to Mr. DOOLAN's yard, on the morning of the 26th July when he saw through the floor several men enter the yard, and all armed with thick bludgeons, when they proceeded to break the office windows; heard several cries of murder, and after the party went away saw the deceased creep out of a vault, upon his hands and knees, when he complained of extreme anguish, and leaned against the wall; prisoner MURRAY was one of those persons whom witness saw armed and breaking the windows.
James BRADY, a bricklayer, was working at the front of Mr. DOOLAN's house, between six and seven o'clock in the morning when the party arrived, and they called up to witness and his comrades to know if they had any Coults among them, and if they had, they would take the scaffolding from under them; saw deceased leaning against a wall, after the party went off, apparently in great pain.
James CARROLL, a sawyer, who had been working at Mr. DOOLAN's on the morning of the 26th July, identified MURRAY as one of the persons whom he saw breaking the windows, and against whom he had to defend himself.
Cross-examined- Never saw MURRAY until that day, and only saw him then while he (witness) was defending himself; received several blows on that morning.
FOR THE DEFENCE
The Rev. Mr. DUNN, a Catholic Clergyman, of Adam and Eve Chapel, was examined for the prisoner (MURRAY) whom he knew about three years. The prisoner called on witness to be instructed in his moral duties and his religion, and he (witness) considered him "a man who wished to shun evil and only wanted to know how to do good."
Mrs. STAFFORD, a huxtor woman, and neighbour of the prisoner MURRAY's, proved having seen him coming from his work on the morning of 26th July.
Several master carpenters were called to the character of both prisoners.
Lord Norbury charged the Jury, who retired for a quarter of an hour, and returned the verdict of Manslaughter against prisoner MURRAY, and acquitted REDMOND.
There was another indictment against the prisoners for assaulting Mr. DOOLAN, and which was abandoned after the verdict in this case.
Counsel for prosecution- The Recorder, Messrs. BETHEL and M'KANE.
Agents- GORDON and HAMILTON, Police Solicitors.
For the prisoners- Messrs. WALLACE, HAMILTON and SHIEL.
Agent- Mr. George FITZGERALD.
Thomas DARBY, Denis LEARY and Patrick M'GARRY were found guilty
for an assault upon John M'CORMICK, a Revenue Officer, when in the execution of
Counsel for prosecution- The Recorder.
For the prisoners- Messrs. HINCHEY and FINLAY.
Agent. - Mr. HALL
The Court was occupied during the whole day with these two trials.
Extract of a Letter, dated Garuagh, 29th August, 1823.
"A few nights ago, four men from the neighbourhood of Maghera, who had gone to Coleraine market for barley, and were returning from Maghera, were attacked about nine o'clock, in the evening; on their way home, near Garuagh, by a number of Orangemen to the amount of twelve or upwards, with their coats off, and armed with sticks, who commenced beating and abusing them in a most dreadful manner, and also abused their horses, cut their sacks, and spilled their barley. There can be no reason assigned for this outrage but that the poor men were Roman Catholics. young Mr. SAMPSON who resides in the neighbourhood came up immediately after they were beaten, and in the kindest manner borrowed sacks for them, and assisted them in gathering up their barley, and aftewards escorted them through this town, and a great part of their way home.
"This Outrage occurred in the neighbourhood of Mr. John KNOX, and Mr. OGILBY, both Magistrates, and it is hoped exertions will be made to discover the miscreants, as it happened in a very populous part of the Country. It is supposed the Orangemen were all, or the greater number of them Bleachers, from their dress.
"This system of waylaying and beating people coming home from fairs and markets, seems to be pretty generally adopted by the Orangemen since the unfortunate occurrence at Maghera, as several there were waylaid and beaten a few nights ago coming from Kilren. But if the Magistracy use proper exertions, and act with impartiality they will soon put a stop to this species of outrage. A poor carman of the name of M'CRISTAL, a Catholic, who has been for several years employed in carrying beer from Maghera Brewery to Coleraine, and who had no other means of livelihood, had been thrown out of employment by some of these self-constituted legislators residing in this neighbourhood, who have threatened to take away his life for no other reason but that he happened to see the transactions at Maghera in June last, and had the hardihood to give evidence against some of those implicated.. A letter was written by Mr. CLARKE, the brewer, to Mr. RANKIN, a Deputy Grand Master, hoping his influence would check the faction- but they still persisted, and the poor man has been in consequence thereof thrown out of employment."
[From the Evening Herald of Tuesday]
Accounts of the miraculous cures have reached us from all parts of the country. From the mass of narratives, we select, for the present, the two that follow:-
Miss WARD, of the Presentation Convent, near Carlow, has been, to use the slang of Dr. CHEYNE, an "ailing person" these three years. She was bed-ridden, and wholly powerless for fourteen months. She had a complication of disorder, including inward affections that caused intense suffering. She was visited by two medical persons residing in the town of Carlow, and she received occasional advice from a physician of some emminence belonging to Kilkenny. The skill of all three was exercised upon her complaints, unite in vain. She remained without the least relief- without the slightest mitigation of her tortures- until Monday the first of September, when she obtained strength and health, and a perfect release from all suffering, through the same miraculous instrumentality by which the wonders at Ranelagh and other places were effected.
Mary SCULLY, of Loughanore Common, within a mile of Clane; a poor but interesting patient, was still a greater martyr to immediate disease. Her malady commenced in the Meath Hospital, not fewer than nine or ten years ago. She was brought thither in consequence of injury received in her right thigh from the kick of a cow. An operation was performed, not, it is suspected, with very great skill. At all events she was discharged, after five or six months of continued agony, as incurable- a fact of which it is likely that the "natural principles" Doctor himself has a recollection, if his retreat from the "artillery" was effected as early as the period alluded to. After quitting the Hospital, this poor creature's entire person became ulcerated in an extraordinary manner. She might truly be said to have been a leper from head to foot. For a long time she was consigned to a collection of sticks and straw called a bed, deprived of all power of movement. At length she sank into a state that led her afflicted friends to make preparations for her funeral- and it is a singular fact, that the first garment put upon her after her miraculous cure was one which was laid aside to enshroud her corpse. She was one of those specially prayed for on the first. She had some previous communications with the Rev. Mr. O'CONNOR- and it is remarkable that she could with difficulty be persuaded that there was any use in her joining in the customary solemnities.- Our informants mention, that the hour at which the Sacrifice of the Mass was offered up, was rather before the appointed period, and notice it as a circumstance adding in no inconsiderable degree to the wonders of which they have been witnesses, that the prescribed moment had arrived before any change was visible- and that before it arrived the poor patient had, in despair, resigned herself to the will of Providence as one too unworthy to be an object of the supplicated mercy. The "change" when it occurred, was, indeed, one well calculated to excite awe and astonishment. There was not only a sudden restoration to all the powers of locomotion, but an instantaneous drying up of the countless ulcers. It is no exaggeration, we understand, to say, that the whole population of the country, for miles around, are in motion to witness the miraculous effects that have been produced in the cure of this favored being. No less than 800 people saw her, and offered congratulations, on the yesterday of the cure. We have said that she is an interesting and intelligent woman. She is now in her 26th year. Of the nature of her distemper, and the extent of her sufferings, the following amongst other medical people are cognizant:- Surgeon BURY, of Downings, near Prosperous; Dr. KELLY, of Maynooth. Surgeon BURY is a Protestant. He visited her on the day previous to the cure, as did also Doctors WALSH and KELLY. All declared her case to be perfectly hopeless- and all have since avowed their full conviction that her case was miraculous!
A few days since, at Ballylee, County Galway, by the Rev. Michael O'SHAUGHNESSY, P.P. Thos. WARD, Esq. of Gort, to Miss DALY, daughter of Francis DALY, Esq., Ballyloe-castle.
At Black Rock, by the Rev. Mr. RYAN, P.P., W. Henry COPPINGER, Esq. only son of the late Peter COPPINGER, Esq. of Cork to Eliza, youngest daughter of the late Richard O'BYRNE, Esq. of Dublin.
At Monkstown Church, William ROGERS of Tallyho, in the county of Galway, Esq., to Martha, youngest daughter of Joseph LOPDELL, late of Loughrea, in the same county, Esq. deceased.
At Rathfarnham Church by the Rev. J. EXSHAW, R. SMITH, eldest son of Henry SMITH of Hybla, County Kildare, Esq., to Hannah Teresa, youngest daughter of Alderman EXSHAW, of Dublin.
In the Church of Ballibay, by the Rev. H.L. SAINT GEORGE, Mr. Wm. M'FADIN, of Cootchill, to Miss Elizabeth WHITE of Ballibay.
At Enniscorthy Church, Jonathan STACKHOUSE, Esq., son of William STACKHOUSE, Esq. of Trahane, Cornwall, to Catherine, eldest daughter of Thomas LETT, Esq., of Templeshannon, Enniscorthy.
At Ballyshannon Church, county Kildare, Mr. N. GATCHEL, only son of Isaac GATCHEL, Esq. of Eagle-hill, county Kildare.
On Sunday, the 7th instant, in consequence of injuries received on the preceeding Thursday, by being thrown from his horse, A. D'ARCY, Esq., of Usher's-street. No accident of a similar nature has ever occurred, the fatal result of which is more deeply and generally deplored, than that which thus prematurely hurried from existence this estimable character.
The new coins issued from the Mint, are now circulating here, but many are cautious in taking them. Some will not give the full value, while others refuse them altogether. In order to place persons in business on their guard, it is only necessary for us to mention that on its being proved to the satisfaction of a Magistrate that any person has refused in taking the King's Coin in payment, a penalty of £50, can be awarded against him for the first offence, and so on according as he shall persevere.- We give this caution on the suggestion of Mr. Mayor.
DETONATING GUN MANUFACTORY
152, Capel-Street, Dublin.
TRULOCK & SON,
Gun-Makers to his Excellency
The Lord Lieutenant,
Highly sensible of the very distinguished patronage they have received from the Nobility and Sporting Circles of Ireland since their common cement in Business- beg leave to return their warm and sincere acknowledgments, not doubting (by a steady and uniform attention to the Commands of their Friends and a discerning Public) to merit a codtinuance [sic] of that support so liberally bestowed.
N.B.- Copper Detonating Caps, of all sizes and of the best description manufactured.
September 11, 1823
TEN PER CENT REDUCTION
On Drugs, Dye-Stuffs, Spices, &c.
Joseph A. Rea & Co
Druggists and Chemists to his Majesty and his Excellency the Lord Lieutenant
No. 2, Skinner Row, Dublin
Anxious to be the first House in their Line who offer to their Customers the advantages of any favourable change the Market could afford in the prices of Articles connected with their Trade- avail themselves of this opportunity of informing the Public that in consequence of the Repeal of Duties after 10th October, they are induced to make the above reduction on their present extensive stock of Drugs & Spices, &c.
Sept. 11, 1823
NOTICE TO DISTILLERS
All Persons desirous of obtaining License to Distill Spirits are to forward their Applications to the Board of Excise through the Collector of the District in which they propose to work, and if the Application be for License for any Still under 500 Gallons content, to be kept by a person not already keeping a Still of or exceeding 500 Gallons, such application must be accompanied by the Certificates of three Magistrates, as required by the 16th Section of the New Distillers Act; otherwise it cannot be entertained by the Board.
By Order of the Commissioners.
Excise Office, Dublin, Sept 5, 1823.
Extract of a Letter
"Maryborough- Sept. 6- Thursday last, the fair-day of this town, and also the day appointed for the inspection of the police of this county, they flocked hither from the neighbouring towns, and having been so inspected, were ordered back to their respective cantonment. The Stradbally party, under the command of Serjeants COSS and MITCHEL, on their way homewards, had to pass by Bloomfield, the seat of Robert ROBINSON, Esq., a distance of a mile from this town, when his son, Mr. Pierce ROBINSON, and four laboring men, were engaged in the boisterous and merry work of haymaking- they joked and shouted, and these meek peace-preserving heroes took it into their heads, that such merriment was intended as an insult to their high mightinesses, and accordingly, without more ado, one of their Serjeants (COSS) deliberately primed and loaded his musket, and discharged the contents at Mr. ROBINSON and his men, (fortunately without any injurious effects, the fellow being drunk,) declaring they were a parcel of damned rebels. Mr. ROBINSON, astounded at the discharge of fire-arms, went to the road side, and perceiving the police, and Serjeant COSS's mouth quite black, from having bit off the powder-end of the cartridge, demanded how, or why it was, they presumed to fire upon him and his men, and stated that he would instantly go into Maryborough, to Major POWELL, the inspector of police, and have them punished for such their conduct. Whereupon Serjeant MITCHEL, who had the charge of the detachment, advanced and stated, he would bring Mr. R. and his four men prisoners to Stradbally, for insulting the police- and accordingly dragged them along a distance of four miles through the country- and when Mr. ROBINSON complained or remonstrated, they threatened to gag him, a species of torture which those wretches practice upon their prisoners- as appeared upon the trial of a man by the name of DALTON, the last July Sessions of this town, who was engaged by the Mountrath police, that is, an iron ramrod was tied from behind his head across his mouth, so that should the miserable captive attempt to speak, or open his mouth, he must suffer the most excruciating torture. However, they but threatened Mr. ROBINSON with the torture so inflicted upon DALTON, gave him the grossest abuse, and finally brought him and his companions before the Chief Constable, Mr. CLANCY, who directed them to bring the prisoners before Mr. BRERETON, the nearest Magistrate. The prisoners were paraded through the town of Stradbally, escorted by those ruffians to Mr. BRERETON's, who was absent from home- whereupon Mr. ROBINSON and his men were permitted by Mr. CLANCY to go at large, upon an understanding to appear the following day before one or more Magistrates.- Accordingly Mr. ROBINSON and his men, accompanied by his law agent, Mr. PHELAN, attended before the Rev. Thomas PIGGOT, the Rev. Hunt JOHNSON, and Arthur BRERETON, Esq. the attending Magistrates, all most respectable Gentlemen. After examining into the matter, and even the police themselves, they expressed their indignation at the treatment Mr. ROBINSON had received, reported the conduct of the police, recommended the instantaneous dismissal of Serjeants COSS & MITCHEL, and took Mr. ROBINSON's information against COSS for firing the shot. Surely men of this cast should not be permitted to carry fire-arms, or deadly weapons, except upon important and urgent occasions, and then only when commanded by a Chief Constable; nor should they be permitted to march from town to town either, without being accompanied by such Chief Constable, who is well paid by the public. I have, in the spirit of candour and truth, communicated the facts to you as they occurred, about which there is not, nor cannot be the slightest cavil or doubt, in the humble hope, that by appearing in your respectable Journal, they may meet the eye of some person who has the patriotism, the power, and the will, to turn them to the advantage of the public."
LIMERICK- Sept. 6- Yesterday, a Court of Special Commission was held in the County Court.- John CREED, was the only person in confinement under the Insurrection Act. He was charged with being absent from his place of abode on three nights in the month of August. The charge was substantiated, and the prisoner, being unable to account for his absence, or to produce any witness to give him a good character, was unanimously convicted. He was sent from the dock on his way to Cork for transportation.
On Thursday last a cow, the property of D. CRONAN, was maliciously killed on the land of Ballycasey, near Courthbridge, in this county, and a notice posted, that, unless the lands were surrendered, which had been taken last May, the owner should be served in a similar manner.
Same night, a quantity of hay, the property of a man at Kilcurly, who had given evidence at the Special Sessions, was thrown into the river Mague, and destroyed.
On Tuesday night, a farm-house at Ballyegan, the property of Mr. N. MEADE, of Newcastle, was attacked, and forcibly entered by a party of legislators, who committed considerable damage, by destroying a quantity of milk, cream, vessels, &c. and swore the milk-woman and her family to quit on pain of destruction.
On Wednesday night last, an attack was made on the house of William POWER, of Eragard, near Shanagolden, but the fellows could not get in;- they however attempted to burn the house, but without effect.
On Friday se'nnight, a large party of men mostly dressed in white, assembled and lay in wait on the lands of Clounlahard, in the neighbourhood of Glin, in this county, for the purpose of attacking the persons who value tithes for the Countess of Ormonde there; fortunately the proctors got notice, and thus escaped. The Countess of Ormonde's under agent, Mr. Henry SHEEHY, some days previous got notice, that if he or his proctors went on the lands to value tithes they would be murdered.
WATERFORD, Sept 6- On Saturday night last, a house, at the Abbey side of Dungarvan, in this county, on the property of John GALWAY, Esq. was maliciously set fire to, but, through the exertions of a populous neighbourhood, the fire was fortunately extinguished before any material injury could have been sustained. Mr. GALWAY has offered a reward for the discovery of the incendiaries.--Mail
published Galway, Ireland
Monday, September 15, 1823
CLARE-SESSIONS, SIX- MILE BRIDGE
Denis CRAVEN, Patrick CARROLL, Michael MORONY, Anthony BALTON, Edmund PURCELL and John WARD, stood charged with tumultuously assembling by day, and rescuing cattle, and for being idle and disorderly.
Mr. Benjamin GREEN attended on the part of the prosecution, and stated to the Bench that he had received a letter from Mr. CREAGH, who was the Landlord of the prisoners, and from whose Agent the cattle had been rescued, informing him that the man who swore the informations had been induced to remain away, and that in consequence the Prosecution could not be proceeded in.
It was then stated, on behalf of the prisoners, that the affaire had been compromised.
After the usual call on the prosecutor to come forward, the Court desired the recognizances to be estreated, and then addressing the prisoners in a stralo of forcible eloquence, impressed upon them the enormity of the crime with which they were charged, and which, had it been proved, would certainly have rendered it the bounded duty of that Court to sentence them in a long banishment from their country. He had heard it asserted, he would not say where, that resistance to the claims of landlords had become so prevalent in this county that it was considered a mere venial offence. At the time, he felt it incumbent on him to combat and put down that opinion, and he now told them (the prisoners) that the offence was the cause of the extension of the Insurrection Act. The circumstance of its prevalence was a sufficient reason why the strong arm of the law should be interposed to grapple with and eradicate the evil. The disturbances in the South of Ireland were not levelled directly for the overthrow of the Constitution and laws, or for despoiling the landlords of their possessions. They were intended to achieve these objects in a different manner; and the very crime which now fell under his view was the principal means taken for that purpose. He could, indeed, see little difference between those who openly and avowedly attacked him in the possession of his property and the men who, by a system of opposition and intimidation, prevented his enjoying or reaping any benefit from it. Such were the prisoners at the bar, and the crimes they were accused with came specifically within the provisions of the Insurrection Act- it was in fact, its very essence- its vital principle. The Learned Counsel then proceeded to say, that the prisoners, who had just escaped, were about to return to a part of the country, which had been disgraced beyond any other by its outrages and incendiaries; and which, he regretted to state, was still the seat of deep and settled combination. The parish of Feakle was, and he now publicly declared it, disturbed by machinations of the most foul and the most deadly, and he could inform the prisoners that the conduct of every individual in it would be marked with the most vigilant and cautious suspicion. The very prosecution which was thus abandoned, might be, in itself, the means of bringing to justice, and, perhaps, to conviction, many whom a fair trial of this case would have cleared of all imputations of character. After deprecating in very severe terms the destructive practice of relinquishing prosecutions of this kind on the landlords having been paid their rents, the Learned Counsel concluded by ordering the discharge of the prisoners.
MURDER- The body of a man presumed to have been murdered, was found in the Lagan Canal, on Saturday, the 30th August last, at Halliday's bridge. A number of respectable persons in that neighbourhood have been examined and from their testimonials, it appears that the body is that of John WRIGHT, a travelling peddlar, who lived at Aughataragh, in the County Armagh. It is believed that he was seen on the Canal bank, on Saturday, the 23d of last month, with a tall stout man, who was without shoes or stockings; they sat down as if to rest themselves, about five o'clock in the evening and were joined by a third person a stranger.--Newry Paper
Thursday a leg of a newly born infant was seen in a dog's mouth, on the lands of Forest. A diligent search was immediately made, but no part of the body could be found. An unmarried woman, named Ann HORRIGAN, upon seeing the leg of the infant confessed it was that of one of her twins, of which she had been delivered, without any assistance, on Friday the 29th ult. She also declared that the infants were still born, and that she thrust the bodies into a fox-hole on the lands of Forest.- She was committed to gaol.--Wexford Paper.
Rockmills, Sept. 10, 1823
My Dear Sir,- A most inhuman murder was committed last night at Lisnagourneen, in this neighbourhood; an entire family, consisting of Mr. Thomas FRANKS, his wife, and his son, Mr. H. FRANKS, were murdered by a party of Whiteboys; they attacked the house about eight o'clock last night, and remained until they perpetrated this horrid deed. You will be so good as to attend with as little delay as possible- the place is quite close to Rockmills. I will have a respectable Jury in attendance for to-morrow morning. Pray don't disappoint, as it is of the utmost importance to have the matter properly investigated.- Believe me, dear Sir, George B. LOW.
James O'BRIEN, Esq., & c, Cork.
The Journals printed in this city give the following versions:-
At about eight o'clock on Tuesday evening, a party of Whiteboys attacked the house of Mr. T. FRANKS, of Lisnagourneen, near Rockmills, within five miles of Fermoy, and murdered the Gentleman, his wife, and his son, Mr. Henry Maunsell FRANKS. Our correspondent states that the miscreants "murdered the old man by discharging a blunderbuss through his side- and his wife and son, by beating out their brains with a bar of iron."
The particular motives by which these murderers were instigated, cannot, of course, be positively known; but it may justly be presumed, that they acted in pursuance of the system which for the last two years afflicted the South of Ireland, and that this lamented and respectable family have been thus inhumanly massacred; in consequence of Mr. FRANKS and his son having prosecuted to conviction, at the Spring Assizes, Cornelius SHEEHAN, for assaulting Mr. H.M. FRANKS, with intent to rob him of his arms, and for administering to him a Whiteboy oath. This SHEEHAN was sentenced to transportation for life; thus most legally and justly punished; and now those who did the great public benefit of promoting the deserved punishment, have been barbarously butchered in their unguarded and hitherto peaceful dwelling.- Cork Morning Paper.
Sanguinary Murder of an Entire Family
The same feelings of horror and apprehension which were so often excited during the last winter, by accounts of some dreadful murder perpetrated in one or other of the disturbed districts of the country, were again painfully aroused yesterday, by the arrival of an express messenger, a mounted Policeman, to James O'BRIEN, Esq one of the County Coroners, requiring his presence at Rockmills, within about six miles of Fermoy, to hold an inquest on the bodies of Mr. Thomas FRANKS, of Lisnagourneen, his wife and son, who had been murdered in the most savage manner at about eight o'clock on the preceeding night, in their own house, by a party of armed men.
Up to the hour at which we write, no particulars of the circumstances under which this inhuman act was committed have been received in town, though it took place so long ago on Tuesday night, and the distance is not more than twenty miles from town.
We have heard that a brother of SHEEHAN's has been apprehended. It is also in report that two servants, a male and female, who were in the house when the murder was committed, were also arrested, but subsequently liberated.-Cork Evening Paper
[From the Constitution]
A correspondent in Mallow send us the following:-
"Last night, between the hours of eight and nine o'clock, a large party of Whiteboys proceeded to the house of Mr. FRANKS, between Killdorrery and Rockmills; on entering the house they demanded arms or money, both of which being refused, they instantly put on the lights, and commenced the work of destruction. Old Mr. FRANKS received two balls through his breast, and young Mr. FRANKS and his mother had their brains literally beaten out. Thus have three respectable unoffending individuals fallen victims to the savage brutality of those devils in human shape- and why have this family been sacrificed, to glut the vengeance of those infernal ruffians? Truly, because young Mr. FRANKS, about four or five months ago, brought to justice a fellow of the name of SHEEHAN, who was convicted and transported! Who will now venture to say, that the peasantry have returned to peaceful habits?- who will now be duped by the humbug of their giving up a few stand of unserviceable arms?- Surely, the loyal and well disposed will take the alarm, and united together, to secure the little that is left, of safety and property in the country, by these diabolical miscreants. Let these concerned look to it!- the gloody tragedy is but commenced."
Another correspondent states, that, after shooting Mr. FRANKS, they attacked Mrs. FRANKS (who had unfortunately been for some time past deprived of her reason) with a bar of iron which they found in the house. They then proceeded to attack the son, who defended himself for some time by holding up a chair, but, being overpowered, they murdered him also with the same iron bar, which they then forced into his mouth and left stuck there.- There was a female servant in the house, who crept under a table, to avoid a similar fate, but whom they did not molest further than by placing a guard over her while the horrid deed was perpetrating.
Our correspondent at Fermoy, after relating the particulars, and
expressing his abhorrence, which all good men must, says-
"That the party were disguised in female attire, and that, on entering the house, they demanded arms; but, before waiting a reply, they commenced the work of destruction, which was almost immediately finished. The face of the elder Mr. FRANKS was greatly disfigured; the son not so much, but his brains were about him; and the mother, whose head reclined on her son, had a mark on her temple, and a black circle round her neck; the latter was occasioned by the monsters having strangled her with a handkerchief, in which her arm was slung. Every Gentleman of respectability for twenty miles round, on hearing the dreadful particulars, hastened to the place, and in the most earnest and persevering manner endeavored to gain any clue to the perpetrators of the horrid deed.- It is worthy of remark, and it is a volume in itself, that none of the peasantry came near the house during the day!!
EMBEZZLEMENT- In consequence of the receipt of a warrant from the County of Galway, Peace Officer HAWTHORN, immediately after he was furnished with authority, arrested in Thomas-street, a man named Thomas MURRAY, who stands charged with having been guilty of breaking open a letter, and stealing from it the sum of £6 the property of Mr. Daniel GILMOR, of Galway. The letter in question is stated to have been found on the prisoner. He was committed to Newgate, and will be thence transmitted for trial to the town of Galway.--Dublin Evening Post.
By a letter received from Athlone, we are concerned to hear that the Fever has broken out there, rather to an alarming extent- it is of the Typhus kind. We are sorry to learn, that five or six persons have already died; and that there are nearly one hundred and thirty persons at present ill.
At Athlone, on Saturday, the 6th instant, of a liver complaint, Eliza, daughter of James LYSTER, Esq., late of Lackan House, in the County of Roscommon. The early death of this amiable lady is most generally lamented.
TO BE LET
From the 29th September next, for such term as may be agreed
on, The House lately occupied by Mrs. HEALY, in Middle-street, together with a
Coach-House, and Stabling for six Horses, with a well-inclosed Yard.
Application to be made (if by letter post paid) to Mr. John Robert MALONE, Solicitor, 12, Upper Ormond-quay, Dublin; or Richard WINSTON, High-st., Galway.---September 15, 1823.
It is intended to preserve the Game at Menlough. Any person found trespassing there after this Notice shall be prosecuted.
Sept. 11, 1823
CORK COUNTY SESSIONS
Cork, Wednesday, September 8
Robert VIVIAN and John Rutledge MOJENDIE, Esqrs. Officers of the 22d Regiment of Foot, were this day tried for an assault on John SHINNOR the younger, esq. and Mr. VIVIAN was also given in charge on a Count for falsely imprisoning Mr. SHINNOR.
Mr. CONNELL stated the case for the prosecution. He said, that in consequence of the very disturbed state of the neighbourhood of Doneraile, it was deemed advisable by his Majesty's Government, towards the protection of the loyal and peaceable portion of the King's subjects, to place a military detachment in that quarter of the country. It next became necessary to provide an eligible situation for the military and this was no very easy matter, for though several proposals had been sent to Sir Hugh GOUGH, the Commanding Officer in that District, by respectable persons holding premises in the neighbourhood that would answer the purposes. In view, Captain Rock, having been made acquainted with these negotiations, issued his mandate, threatening destruction to any man who would have the hardihood to let his premises for a military station. The consequence was, that obedience was paid to this Insurrectionary Bravo, and those who were before most anxious to treat with the Government felt they would risk their lives and property by letting their premises for the military, and they withdrew their proposals. Mr. SHINNOR, the prosecutor, however, had the spirit and loyalty to brave the menaces of this modern legislator, and manfully offered his concern at Flower-hill, for the accommodation of the military. His proposals having been accepted, a party were stationed there, who received from time to time most valuable assistance from the activity and local knowledge of the prosecutor, towards putting down those disturbances which had so long disgraced this county. These services very naturally rendered him obnoxious to Captain Rock's party, and on Mr. SHINNOR representing to Sir H. GOUGH the danger he and his family may consequently be exposed to, He received that Officer's permission to occupy one of the rooms in the premises he had so let for the use of the military. The facts relating to the present investigation were to be detailed by Mr. and Mrs. SHINNOR and the servant; it was therefore unnecessary for him (Mr. CONNELL) to occupy any portion of the public time in stating them.
Mr. John SHINNOR deposed, that he had set his house at Flower-hill to Government for a guard-house, and was permitted, this his family, to occupy a room in it. On the night of the 5th May, he went to bed early, and was awoke by noise in the room, and on inquiring what it was, Mr. MAJENDIE, The Traverser, asked "what son of a b----e that was who spoke." Witness replied, "what, me!" and jumped out of bed, when he received a blow over the temple from a whip from Mr. MAJENDIE, which cut him; there was a light in the room, and witness's servant man was at a distance from him in it; he gave no prevocation prior to receiving the blow, and then he told Mr. MAJENDIE that his conduct was cowardly and ungentlemanly, collared him, and desired him to leave the room. Mr. MAJENDIE replied, he would not, adding, that he knew all who were in it, that they were w------s, u------s, and vagabonds, and said he would stay there for the night. Witness, after a scuffle, got him to the door, Mr. MAJENDIE continuing to strike him, and in consequence of Mr. MAJENDIE seizing the handle of it, witness 's efforts to put him out were ineffectual. Mr .MAJENDIE's quarters at that time were at Ballyhoura, and he had dined with Mr. VIVIAN, the other Traverser. A corporal and guard were at this time called, but witness did not know by whom. Witness was seized by one of the soldiers, and MAJENDIE by another, when he gave witness a blow, saying that he would keep up the credit of the 22d Regiment. Mr. VIVIAN stood on the landing, and desired him to hid the son of a b---h, upon which he struck witness again. Mr. MAJENDIE was then taken away by one of the soldiers, and Mr. VIVIAN said he was sorry that Mr. MAJENDIE did not hide the rascal well, as 'twas all the same expense. Witness then drew on his pantaloons, and having rapped at Mr. VIVIAN's door, told him he was surprised that he, VIVIAN, would allow any friend of his to witness so in his house, on which Mr. VIVIAN replied, "that he was sorry he did not knock the bloody head off the son of a b---h for attempting to call any friend of his a blackguard." Witness told him he was never able, nor dare he do it. Mr. VIVIAN then called a Corporal and five of the guard to kick, as he said, the rascal out of doors. The men came and took witness into custody, and witness asked Mr. VIVIAN liberty to dress himself, which he would not allow, and desired the soldiers to kick him out as he was. Witness was then put out of the house; the night was very wet, and his servant followed him with his clothes, and when in the act of putting them on, the corporal said he would allow him to come into the guard-house to dress himself, and when he was dressed, a soldier of the name of ASHCOM put a bayonet across the door, and told him he was a prisoner; it then wanted five minutes of ten o'clock, and witness remained a prisoner until past eight the next morning. It was against his consent witness left his room; about five o'clock in the morning he had occasion to go out, and was accompanied going and coming by the corporal.
Cross-examined by Mr. M'CARTHY, on the part of Mr. MAJENDIE.
The false imprisonment was as true as the beating; witness did not see double on that night; he did not know how many were in the room when MAJENDIE went in; witness took one tumbler of punch after his dinner, and one before he went to bed; did not hear a piper; there was a number of females in the house; two were servants of witness, the rest belonged to the military; witness heard that some of the girls went into his room; cannot say whether Mr.MAJENDIE knew the room was his or not; the military got permission from Sir Hugh GOUGH to remain in the house, and when witness reported this conduct to him, Sir Hugh offered to reinstate him in his apartment.
Cross-examined by Mr. SCANNELL, for Mr. VIVIAN
Was a good deal irritated when he rapped at Mr. VIVIAN's door, not was peaceable and perfectly quiet; Witness told Mr. VIVIAN that he was not able, and the he would not dare to treat him as he said he would; when ordered away, Witness made no effort to strike VIVIAN; Witness went with the military to assist them, when fires appeared in that neighbourhood; it was from his knowledge in the country, and no other information, that he was enabled to render service to them; Witness was told by Mr. VIVIAN that he should put out the light in his room, but never that he should keep better hours? after this treatment Witness threatened to poison a horse of Mr. VIVIAN, but had no intention to do so.
Mrs. SHINNOR was next examined.
Is wife to the last Witness; recollects the night of the 5th of May; was then at her own house at Flowerhill; her husband and children were in bed before nine o'clock; on Mr. MAJENDIE's coming into the room she requested of him to leave it, he said he would not for the night, and that there was not a proper person in it; Mrs. SHINNOR corroborated the testimony of her husband, as to the facts of the assault and imprisonment, and nothing material resulted from her cross-examination.
James SHEEHAN, Mr. SKINNER's [Note difference of name] servant, deposed to the same effect.
Cross-examined- Witness said he was sitting in the room to get his supper; his Master was in bed, and his Mistress was sitting at the fire; heard Mr. VIVIAN say, "hide the rascal;" did not see Mr. VIVIAN at all; Mr. VIVIAN did not interfere in person; Witness remained about a minute at the guard-room door, after his Master put on his hat.- Here the Prosecution closed.
FOR THE DEFENCE.
Mr. Robert VIVIAN, one of the Traversers, was produced as a Witness on the part of Mr. MAJENDIE, when Mr. CONNELL objected to his being examined, but the Court having decided that he was a competent Witness, he was sworn and deposed that Mr. MAJENDIE dined with him the day those transactions occurred. Mr. MAJENDIE and the Witness went out about half-past eight o'clock, for the purpose of getting MAJENDIE's horse- MAJENDIE, on going out, took hold of one of the girls. Witness went down stairs and was standing at the door when he hears a scuffle, upon which he went up stairs, and saw MAJENDIE and SHINNOR strike each other, and witness called out to MAJENDIE to hide the rascal. Some of the guard were endeavouring to part them, and when the stopped striking each other, the witness and MAJENDIE walked down stairs, and witness saw him get on his horse and ride off. Witness could not say whether Mr. MAJENDIE was acquainted or not with SHINNOR. Witness merely walked up stairs when the heard the scuffle.
Cross-examined- Was not present when Mr. MAJENDIE went into Mr. SHINNOR's room, nor did he (Witness) know what occurred there; and would not say he had not a whip in his hand.
James PAYTON, a soldier- Recollects the squabble; saw Mr. SHINNOR have a hold on Mr. MAJENDIE in SHINNOR's room, by the collar; Witness requested of him to let Mr. MAJENDIE go, which he would not do, declaring that he was a rascal and a scoundrel, and no officer or gentleman; SHINNOR then moved MAJENDIE to the door and struck him; the first blow Witness saw struck was given by SHINNOR; after the scuffle, Mr. MAJENDIE walked down stairs and rode away.
Cross-examined.- Was in the guard house, which is under Mr. SHINNOR's room, and when he heard the noise, he ran up stairs; was not present at the commencement; did not see Mr. MAJENDIE go into the room or lay hold of Mr. SHINNOR at all; there may be a dozen whips in the room; as soon as SHINNOR put Mr. MAJENDIE out of the room, he shut the door in his face.
Captain CRASTON said, that he commanded the detachment, and that it was he who made the agreement with Mr. SHINNOR for the premises; Mr. SHINNOR was not to occupy any part of them; but he was allowed, as a matter of courtesy, to remain there for a few days, and he continued to do so, promising every day to remove, but on application to the Colonel he was allowed to stay; he was paid for the entire concerns.
Cross-examined- Mr. SHINNOR was not turned out on the night of the 5th of May by Witness's orders; Mr. VIVIAN had the command under Witness.
George RAVELL, soldier. His testimony was the same as PEYTON's.
Richard ASKOM to the same effect.
Here the case closed on both sides.
The Assistant Barrister charged the Jury at some length, after which they retired and after having remained for nearly four hours in the Jury-room, they, at half-past ten o'clock, at night, returned a Verdict of Guilty against Mr. MAJENDIE for the assault, and against Mr. VIVIAN for false imprisonment, but recommended to the consideration of the Court. The Traversers, however, disclaimed their recommendation.
"On the following morning the Traversers came into Court to receive sentence, when ten members of the Jury, who had tried the case, appeared in the Jury-box, and one of them, on behalf of the whole stated to the Assistant-Barrister, that as the Jury had retired from the Court, after delivering in their Verdict on the night before, they were insulted and abused by the Traversers, who applied the epithets 'Rebels, Perjurers, and Whiteboys' to the Jury.--The Jury now claimed the protection of the Court."
The Assistant Barrister observed, that the Jury had discharged their duty, and that they must allow him to discharge his without interruption. The Juror before alluded to having addressed the Court, the Barrister said, that if he continued to disturb the Court, he would be under the necessity of committing him.
Mr. MAJENDIE was sentenced to a fine of £10; and Mr. VIVIAN to pay a mark. Mr. SHINNOR avowed his intention of bringing an action.
THE HAT AND THE PANCAKE
COURT OF CONSCIENCE- SEPTEMBER 6
CONDON v CHARLES
Mr. CONDON complained the he went a few evenings ago to see the far-famed Mr. CHARLES perform his wonderful feats, at the Theatre, Grafton-street, and that among other tricks was that of Mr. CHARLES making Pancakes in his own hat- the then addressed the audience by telling them, that if any Gentleman would do precisely what he did, he also might make them. CHARLES accordingly handed him an egg, which he broke as he saw Mr. CHARLES do, into his hat- they both turned up their hats at the same time, when Mr. CHARLES produced a well formed cake, but instead of the cake his hat was all besmeared with the broken egg; so that he was obliged to walk home bareheaded, having left the hat on the stage- he now sought to recover the price of it.
Sir John Kingston JAMES having listened with great attention to the Complainant, now turned to Mr. CHARLES, to know what he had to say in his defence.
Mr. CHARLES- Sir John, a few evenings since, I was exhibiting my performance, and among other tricks, that of making Pancakes in a hat- previous to breaking the eggs, I took one in each hand, to show the Audience that the eggs were whole, and requested that if any of the company wished for Pancakes, they would do the same as I did for it was quite easy if they once knew the knack. The Complainant and a Mr. BOYCE said that they knew every trick as well as myself, and they immediately took the eggs and broke them into their hats, when, on turning them up mine was the only one that produced a Pancake, while the others were all daubed with the slimy matter of the broken eggs. The parties then demanded an apology, which I considered was by no means necessary. Complainant had since applied to Sir Garret NEVILLE; who, on hearing the matter explained immediately dismissed the complaint.
[Here Mr. CHARLES produced two small bottles, which he said were filled with the most deadly laudanum, one of which he offered to the Complainant, but he refused to touch the magic bottle, when Mr. CHARLES observed, "Oh, you'll not drink it then!"- when he immediately swallowed the other viol-full, and turning to Complainant said, "You see now were you to d exactly as I told you, your had would not be injured."]
Mr. CHARLES then produced the hat, which he handed to Sir John, saying, " Examine it as you will, there is no injury whatever on it- for I just breathed upon it the next morning, and restored it to its former state."
Sir John- Pray, Mr. CONDON, what recompense do you demand?
Answer- Thirty-shillings- what I gave him for this one (showing a new hat)
Sir John- Here, look at this hat (handing him the old one) what objection can you have to this one- is it now as good as before you broke the eggs in it? If you had only a little patience, and had waited until Mr. CHARLES had blown the eggs off, you might have saved yourself the trouble and expense you have been at.
Mr. KERTLAND- Sir John, in my opinion he should have been able to prove an injury sustained, previous to applying to the Court.
Sir John- I must dismiss the complaint.
Mr. CHARLES- What shall I do with the hat?
Sir John- Return it to Mr. CONDON.
Mr. CONDON refused to accept it.
Mr. CHARLES said he would leave it in the Court.
Mr. KERTLAND very humanely proposed sending it to Corn alley.
Mr. CONDON, however, sent a messenger to his house with it.
Thus ended this mighty affair. The Court was crowded in excess, and continued in an uproar of laughter during the whole proceeding.
published Galway, Ireland
Thursday, September 18, 1823
A few days since, at his seat in Burrin, County of Clare, Peter O'LOUGHLIN, Esq. The many virtues and good qualities which this gentleman possessed, have rendered his death a subject of regret to his family and friends, and to his tenantry, whose condition he always endeavoured to ameliorate.
In Abbeygate-street, Galway, Miss Catherine BODKIN- a lady whose charity was as active as her religion was sincere.
On Friday last, in Jervis-street, Dublin, after a lingering illness, Mrs. FITZPATRICK, lady of Pat FITZPATRICK, Esq., Attorney. The afflicted friends and relatives of this amiable lady can console themselves with the certain hope that she is only gone to taste the joys which are allotted for those "who follow in the ways of the Lord and walk in righteousness." Her remains were conveyed to interment to the family burial place, Athenry, and were attended by a great number of persons of every condition.
At Gortnamona, County Galway, generally and deservedly regretted, John BURKE, Esq. Barrister at Law. The suavity of this Gentleman's manners, and the amiability of his disposition, rendered his company always agreeable, and he seemed pecularily formed to please.
In Limerick, Mrs. JOHNSON, wife of Mr. J JOHNSON, of Broad street.
Same place, Mr. W. COLLOPY, late Hotel Keeper
In Bandon, Mr. Thomas BUSTEED, sen. one of the twelve Burgesses of that Corporation.
In North King-street, Dublin, T. REYNOLDS, Esq.
At Gowran, of apoplexy, Henry CUTHBERT, Esq formerly Collector of Assessed Taxes at Kilkenny.
At Newcastle, county of Wicklow, Samuel WALLIS, Esq, formerly of Dublin
At Miltown, Robert Young PRIOR, third son of Dr. PRIOR, SFTCD
In Dublin, Lieutenant Robert MARKHAM, of the 62d regiment
In Molesworth-street, Dublin, John GINN, Esq.
At Drumloo-cottage, Newbliss, aged eight years, Matilda, daughter of Lieutenant Benjamin FOSTER, half-pay.
At Whitehorn, John MILROY, Esq. Town Clerk to that Burgh.
At Edinburgh, Eliza Frances, daughter of the late George LONGMORE, Esq. Medical Staff, Quebec
At Sand-hill, Newcastle, Nicholas TEMPERLEY, Esq, Magistrate of the county of Middlesex.
Samuel GODFREY, Esq. of the Stock Exchange.
In Liverpool, Peter ELLAMES, Esq, aged 79 years.
The widow of Col. BIDLAKE, Royal Marines
At Dover, Mr. Henry THOMAS
At Peebles, North Britain, aged 69, Giles TEMPLEMAN, Esq. late Bencher of the Hon. Society of the Inner Temple.
TRALEE, September 10.
We have received the following particulars of a most brutal outrage, committed on two young gentlemen, Mr. James DONOVAN, of Trinity College and Mr. John QUILL, of this town, on Sunday evening last, near the village of Ballyclough.
Mr. QUILL and Mr. DONOVAN, having gone on a boating party out in our bay, landed at Castlegregory, where Mr. DONOVAN wished to rest on a bed in consequence of violent sickness. They returned to the boat about two o'clock, but, after failing to make the Spa on the opposite shore on that evening, they were obliged to return and land under the village of Capaclough. Mr. W. TWISS, whom they had taken on board at Castlegregory, landed with them, and returned home. About ten minutes after, while walking together on the road, they heard a horse trotting after them with two men on him. The foremost saluted them and after passing leaped off his horse and brandishing a pike attacked them with two men on him. The foremost saluted them and after passing leaped off his horse and brandishing a pike attacked them with some dreadful exclamation.- Mr. DONOVAN attempted to run back, and met a third man armed with a pike, and, endeavouring to escape from him received a blow of a stone, which knocked out two of his front teeth, and threw him on the ground. After recovering from the fall, he was addressed by a man with imprecations and whilst expostulating with him received a blow of an iron tongs on the arm, aimed at his head. He escaped from this man, who threw the tongs after him, and pursued him into a house, from whence he was forcibly pulled, and finding a great crowd there, for the first time understood that they charged him with ill-treating a woman. Mr. DONOVAN took his oath most solemnly that he had not seen a woman since he landed, and asked the protection of a decent looking man who promised to protect him, and led him to a rivulet to wash the blood from his face, where he was again pursued by one man and struck on the head. Mr. D. then escaped to the Rev. Edward DAY's house, where he was received with great humanity. Mr. QUILL had been knocked down in a ditch at the commencement, and was severely beaten by three men, till calling for protection on some person in that neighbourhood whom he knew, a person stepped forward to protect him, but even under his protection he received a blow of the iron part of a pike. Mr. QUILL had also solemnly taken his oath he had seen no woman.
This barbarous attack is supposed by some to have been made upon these young gentlemen, in consequence of having landed with Mr. TWISS, who gallantly dispersed a party of Whiteboys in that neighbourhood more than a year back, but in so doing killed one of the party on the spot.---Kerry Evening Post.
War-Office, 5th Sept. 1823
1st Regiment of Dragoon Guards- Captain J. Paget Sweny to be Major, by purchase, vice Turner, who retires.
Lieutenant Frederick Polhill to be Captain, by purchase, vice Sweny
To be Lieutenants- Cornet Richard Heaviside, by purchase, vice Polhill; Lieutenant Harcourt Master, from 40th Foot, vice Stammers, who exchanges.
To be Cornet by purchase, Gentleman Cadet Henry Wilson, from the Royal Military College, vice Heaviside.
13th Regiment of Light Dragoons- Cornet William Elton to be Lieutenant, without purchase, vice Foster, who is appointed to the Cape Corps of Cavalry.
17th Ditto- Lieutenant George F. Clarke, from half-pay Light Dragoons, to be Lieutenant, vice Francis Curtayne, who exchanges, receiving the difference.
Lieutenant George Robbins, from haf-pay [sic] of the 8th Light Dragoons, to be Lieutenant, vice Isidore Blake, who exchanges, receiving the difference
Lieutenant William Dungan, from half pay of the 19th Light Dragoons, to be Riding Master, without purchase.
Royal Waggon Train- Lieutenant Joseph Macdowall, from half-pay of the Regiment, to be Lieutenant, vice William Smith, who exchanges.
2d Regiment of Foot- Lieutenant Henry Waring; to be Captain, by purchase, vice Power, who retires.
Ensign Godfrey Charles Mundy, to be Lieutenant, by purchase, vice Waring.
40th Ditto- Lieutenant A.J. Slammers, from the 1st Dragoon Guards, to be Lieutenant, vice Master, who exchanges.
57th Ditto- Ensign William D Ferguson, from half pay 60th Foot, to be Ensign, vice Alfred Shewell, who exchanges, receiving the difference.
Ensign J.S. Gore, from half-pay 82d Foot, to be Ensign, paying the difference, vice Bower, appointed to the 61st.
61st Ditto- Ensign Thomas Bowyer Bower, from the 57th Foot, to be Ensign, vice George Charles Grantley Fitzhardinge Berkeley, who retires upon half-pay 82d Foot, receiving the difference.
73d Ditto- Ensign John Reynolds, from half-pay Rifle Brigade, to be Lieutenant, vice George Anthony Pook, who exchanges.
Ceylon Regiment- Lieutenant A. Robertson, from half pay 34th Foot, to be Lieutenant, vice Frederick Hammond, who exchanges.
Cape Corps (Infantry)- Lieutenant Edward H Foster, from the 13th Light Dragoons, to be Adjuntant and Lieutenant.
The name of Corporal appointed Quarter Master in the Royal Horse Guards, on the 7th August last, is Cart and not Cust.
The commissions of Lieutenants Shaw and M'Leod, on the 34th Foot, have been antedated, the former to the 1st and the latter to the 2d January, 1817, but they are not allowed to receive any back pay.
His Majesty has been pleased to approve of the 34th Regiment of Foot bearing on its colour and appointments, in addition to any other badges or devices which may have heretofore been granted to the Regiment, the "Pyrennees," "Nievelle," "Nieve," and "Orthes," in commemoration of the distinguished conduct of the late 2d Battalion of that Regiment in the Pyrennees, in teh month of July, 1814; at Nivelle, on the 10th of November, 1813; in the passage of the Nieve, on the 9th, 10th and 11th December, 1813, and at Orthes, on the 27th February, 1814.
IMPROVED SYSTEM FOR THE ARMY- The Rifles and Regulations with respect to Light Infantry, are now under revision. The improved System will embrace generally, the movements and formations of Light infantry attached to respective Regiments when in Line; and the rapid manoeuvres of Light Infantry Companies formed in Battalion.
The 23d Royal Welch Fusileers Regiment, now on duty in Dublin, has received orders to prepare for embarkat on for Gibraltar. The 52d (or Wiltshire) Regiment of Foot, having been relieved by the 52d Light Infantry, has embarked at Halifax for England. The 75th Regiment of Foot, now on duty at Gibraltar, has received orders, when relieved by the Royal Welch Fusileers, to proceed for England.
The 17th Regiment of Light Dragoons which recently came home on board the Upton Castle and Barkworth free traders, from Bombay, and which marched from Chatham on the 30th of June for Romford Barracks, where it arrived on the 1st July; a mere skeleton, wants now only 40 men to complete its establishment.
The 2d, or the Queen's Royal Regiment of Infantry, now stationed in Dublin, received an order to prepare for embarkation for the East Indies, which order has, however, been countermanded for the present.
DEATH OF MR. RICARDO
An account reached the City this morning (Friday) by express, of the death of David RICARDO, Esq., M.P. for Portarlington, at his seat in Gloucestershire. He died, it is said, of water on the brain. We know on Thursday he was alarmingly ill, and that several of his brothers had left London express to see him. He was a man of distinguished abilities, and as a political economist, he had the faculty of discussing the intricate principles of that science with singular acuteness & perspicuity. His writings upon these subjects, indeed, constituted almost as marked an era as the celebrated work of Adam Smith. His authority in the House of Commons upon all questions of trade and finance was laterally very great, from the clear and logical manner in which he always urged his arguments.- His death will be much regretted as a public man, and still more by those who knew him in private.
LIMERICK, Sept. 13- Yesterday, at 2 o'clock in the afternoon, about 150 men, dressed in white shirts, a few of whom were armed with muskets, and the remained with bayonets screwed on timber handles and pitchforks, attacked Mr. Henry SHEEHY, of Ardbohill, near Rathkeale, Agent to the Countess of Ormonde, on the lands of Clounlahard, where he was valuing tithes with the Proctors of his. They were accompanied by four Policemen. The ruffians fired three shots on the Police, who were commanded by Serjeant Hanna, behaved with great gallantry; the four Police fired from 40 to 50 shots, two of which took effect, and brought down two men, who were carried away by the Whiteboys. The Police took one man prisoner, named Maurice Joy, and brought one white shirt. The Insurgents were within about 150 yards of the Police before they fired the three shots at them, else there could have been many of them shot by the Police, who, in consequence of their near approach, and dreading that they would close on them, fixed their bayonets on their carabines, and therefore were prevented from taking good aim. A number of women accompanied the Insurgents, and were urging them to attach the Police. The Police escaped unhurt.--Chronicle.
We are sorry to say, that a faithful servant lost his life in this county on Wednesday night. He was shot dead by his master in mistake for an assassin, through the darkness of the night. To those acquainted with the mild and amiable character of John Cantillon Heffernan, Esq, it will be sufficient to say, that the melancholy mistake has been keenly felt by none more than that Gentleman.--Ibid.
In Limerick, John O'Neill, Esq. of Liverpool to Margaret, daughter of Brien O'Brien of George's-st., Limerick, Esq.
At Rathfarnham Church, Ralph Smyth, Esq, eldest son of Henry Smyth, Esq of Hybla, county Kildare, to Hanna Teresa, youngest daughter of Alderman Exshaw, of Dublin.
At Kilkenny, Piers E Butler, Esq. to Miss Sheares.
At Pettigoe, George Vallancey Hamilton, Esq late 5th Garrison Battalion, to Jane, daughter of G. Smyth, Esq.
At Ballyshannon Church, county Kildare, Surgeon Hurte, to Martha, daughter of Mark Toomy, Esq of Eagle-hill.
In Dungannon Church, the Rev. Richard Nugent Horner, Rector of Drumblass, county Tyrone to Mary Ann, only daughter of the Hon. Vesey Knox.
At Belfast, James Crawford, Esq to Miss Ferguson, third daughter of James Ferguson, Esq.
At Edinburgh, George Brodie, Esq Advocate,to Racheal, daughter of the late David Robertson, Assistant Barrackmaster-General, North Britain.
At Glasgow, Captain Thomas David Smart, of the Hon. East India Company's service to Mary, eldest daughter of George Pinkerton, Esq.
At Guernsey, D. Tupper, Esq. to Maria, daughter of the late Major-Gen. John Gaspard, le Merchant.
J. Martineau, Esq. to Caroline, daughter of the late Doctor Parry of Bath.
In London, C.H.C. Plowden, Esq to Elizabeth, only daughter of Lieut.- General John Cuppaidge.
At Clapham, Rich Bevan, Esq to Charlotte, daughter of the late Lieut. Col Hunter, 19th Regiment.
MURDER OF MR FRANKS AND FAMILY
[From the Southern Reporter]
We stated in our last that James O'Brien, Esq., Coroner for the County, had set off for the place to hold an Inquest on the bodies. He reached there on Thursday morning, and found that a considerable number of the Gentry of the surrounding Country had already assembled; a few of the Country People were about the place, but none entered or even approached near the house. The scene which the room presented where the work of blood had been perpetrated was quite appaling [sic] The three mutilated and mangled bodies lay as they had been left by the Murderers, those of the father and son lying close to the fire place, the faces of both so battered as to have obliterated all trace of their former features, and their skulls literally smashed in pieces. The forhead [sic] of the former was completely cleft in two, thro' which the brains had protruded and were now clotted over what was once his face; he had also two bullet wounds, which penetrated deeply through his chest. The appearance of the young man, was, if possible, still worse; the lower jaw and teeth were crushed to atoms; the upper lip carried away, as if from the thrust of a crow bar, described by one of the Witnesses to have been inflicted, as if to transfix him with it to the ground where he lay. His left arm was broken, and there were the marks of the prongs of a hay fork through his chin. The back and left side of Mrs. Frank's head were fractured, extending from her temple; but her face was no otherwise disfigured.
It was to ascertain, if possible, the inhuman wretches that had made this terrible havock of human life, that the Inquest was about to sit. Accordingly, the Jury, composed of Magistrates and Gentlemen of the Country was impanelled.
Having viewed the bodies, the following evidence was given:-
Mary Meyer deposed and saith she is between thirteen and fourteen years old, and has been in the service of the late Mr. Thomas Franks about ten days- saith the family had been residing at Kildorrery for some time back, and on Monday, the 1st of September instant, they removed to the farm of Lisnagoorneen, where he had commenced some repairs to the house, intending to make it his future residence; saith, that on the forenoon of Tuesday last, the 9th of September instant, about nightfall, her mistress and her son Henry, returned from Kildorrey, but did not dine until their return; and immediately after the family had dined, about the hour of eight o'clock, and while the cloth was on the table, she observed old Mr. Franklin in the act of going towards the room door, and then saw a man strike at him with his fist, and beat him back into the room. The man who was so enraged with the elder Mr. Franks, was of large stature, and dressed in dark clothes; saith that a number of men then rushed into the room, which is about eight or ten feet square, and one of the number, a person dressed in women's clothes, and with a white cloth drawn over his face, gave the table a kick and upset it, by which the candle on it, which was lighting, was extinguished. Saith the party then demanded arms, and presently lighted a candle at the kitchen fire. Mr. and Mrs. Franks and their son went on their knees, protesting they had not any arms in the house, but the elder Mr. F. said he would go with them to Mr. Smith of Rockmills, to procure arms for them. Saith the man who was dressed in woman's clothes and another of the party commenced breaking the furniture and a cupboard; and Examinant succeeded in concealing herself under a table near the fireplace. At the moment of getting under the table, Henry Franks, who had received some blows, requested of Examinant to support him. Saith the man in female clothes, who appeared to act as leader, repeatedly called to the party to do their duty, and one of them who had a short gun in his hand, reached it the the man in woman's clothes, who instantly discharged it at the breast of Thomas Franks, who fell, while another of the party struck him repeated blows with an iron crow-bar, on the head, after he lay on the ground. At this moment, the man dressed in woman's clothes called out to his associates to do their duty, who replied, "Oh yes yes; " whereupon the entire fell upon Mr. Henry Franks, giving him several blows with the crow-bar on the head and different parts of the body. Saith his mother held Henry Franks by the arm, endeavouring to protect him, and she was warned by the party to go away, but she refused to leave her son until she shared a similar fate; more of the party having then struck her a blow on the head with a crow-bar, which knocked her lifeless, and she never spoke after. Saith that after the family were killed, she saw several of the party stab them with a three-prong pitchfork, which, together with the crow-bar they found in the house, each handing it to the other to inflict a blow. Saith she thinks the transaction continued about an hour; and one of the party wore boots and spurs, and a green surtout coat. Saith that, after the party quitted the room, and had gone out into the passage, one of them, who stood at the door, perceiving some remaining symptoms of life in Henry Franks, who made a noise as if snoring, called to the rest, all of whom returned, and having procured a lighted candle, they repeated their blows upon Henry Franks with the crow-bar and pitchfork, until life became completely extinguished. Saith that two of the number who entered the room had their faces blackened - they searched the pockets of Mrs. Franks and her son.
Mary Glaveen deposeth and saith that she is the daughter of Patrick Glaveen, who was a labourer in the employment of Thomas Franks, lately deceased, and lives in the house adjoining that in which Mr. Franks lived. S[h]e was in the act of going out with a vessel on her head, near the door of the room in which Mr. Franks & family were sitting, when a man met her, who gave her a box on the cheek, desiring her to go in, and she was then forced into a small room adjoining the passage by more of the party. Saith she thinks 5 or 6 men stood outside the door of the room into which examinant was forced, and more of them went into the room to the family. Saith she heard arms demanded from Mr. Thomas Franks, and almost immediately after she heard a shot; young Mr. Franks then called out that his father was killed; there was a lighted candle in the kitchen. Saith she heard the expression, "Do your duty," several times, both in the passage and in the room adjoining. Saith that after murdering the family, one of the party went into the room to examinant, desiring her to get them a candle; whereupon examinant went into a room where the bodies were lying, and got a candle out of the press, and lighted it. One of the party held her by the hand while she was lighting the candle, telling her not to lift up her head. Saith she was then compelled to return to the room from whence she came. While she was lighting the candle she heard moans proceeding from Mr. Henry Franks. Saith she thinks the party continued in the house about half an hour. Saith that a large tub, containing water, lay in the passage near the door, in which she heard several of the party washing their hands and she afterwards discovered the water discoloured with blood, and some of them, as they were about to depart, inquired of her how far the river was from them; saith she looked out after them and saw them going in an easterly direction; thinks there were at least sixty in number, but does not know, nor had ever seen any of them before.
Those being the only witnesses whose depositions were calculated to yield any information on the dreadful affair, no others were examined on oath. Some circumstances occurred, however, during the investigation, which it might be desirable should be publicly known. A woman who lived in the labourer's house in the yard, came to the door with a child in her arms, when she observed a fellow in woman's clothes posted outside, who immediately called out to her, "to bed, to bed," and on her not immediately complying, threw a stone at her, which struck her side. She then ran in, where she remained, but could hear the man pacing the ground outside, as if on guard, and when a shot was fired, he commenced dancing a hornpipe!
Two men of the name of Sheehan, brothers to the person of that name who had been tried, found guilty and sentenced to transportation for life, at the Spring Assizes of the present year, on the testimony of the younger Mr. Franks, were brought into the room, in custody, while the Inquest was going on. As soon after the murder as the account of it reached George Bond Lowe, Esq. an intrepid and active Magistrate, residing in the district, he caused these men to be apprehended; they resided about seven or eight miles from Lisnagoorneen, in a western direction. They were conducted separately into the room where the bodies were lying; one of them, on going in, went towards the body of Mrs. Franks and touched it with his finger. On being asked why he did so, he said "it was a custom in the country," observing at the same time "that this was a bad deed and he hoped those who did it would suffer." Neither betrayed any signs of guilt, and were apparently quite unmoved at the scene before them. They underwent a most minute examination, separately, by the Court, as to the manner in which they had been employed on the day and night of the murder. Their accounts, generally, corresponded, but there was such a material variance as to two circumstances as to constitute a sufficient ground for detaining them for further examination- and they were detained accordingly. What those circumstances are, it will be at once seen that it would be improper to disclose.
In the progress of the Inquest, Sir Thomas Arbuthnot, whose activity has been unremitting since the discovery of the murder, entered with some leaves, bearing the marks of fresh blood, which he described to have got in a field east of the house leading towards Kildorrery, and to a farm called Scarl, which belonged to Mr. Franks. The Coroner and Jury immediately went to the place, and having inspected it found, on their return to the house, other marks of blood in a gap in fields which led to Doneraile, and in a western direction, shewing that the gang was composed of two parties, and that it divided after the bloody work was completed.
The examination having closed, the Jury found the following
"That the deceased had each come by their death by the hands of a party of Whiteboys, to the Jurors at present unknown, who, on the evening of Tuesday, Sept. 9th, forced into the house, and then and there wilfully inflicted on them several mortal wounds, with a loaded gun and an iron crow-bar, of which they instantly died."
Thus, for the present, the perpetrators remain unknown; but they cannot expect to remain long so. The power which will not permit that murder shall go unpunished, will assuredly cause that to be revealed which is now involved in secrecy.
It was stated at the Inquest, on respectable authority, that Mr. Franks had been some time before ejected from the farm called Scarl by the late Countess of Kingston, who, after executing the habere, continued Mr. Franks tenants in the possession. Owing to some informality in the proceeding, he recovered the possession of the farm, and four days before the savage immolation of himself and family, distrained his former tenants for the rent that had accrued due during the time he was out of possession. The kind interference of Mrs. Franks was exerted on this occasion in prevailing on her husband to give indulgence for the payment.
The party was disguised in female attire, and that on entering the house they demanded arms, but before waiting a reply, they commenced the work of destruction, which was almost immediately finished. The face of the elder Mr. Franks was greatly disfigured, the son not so much, but his brains were about him, and the mother, whose head reclined on her son, had a mark on her temple, and a black circle around her neck; the latter was occasioned by the monsters having strangled her with a handkerchief, in which her arm was slung. Every Gentleman of respectability for twenty miles round, on hearing the dreadful particulars, hastened to the place, and in the most earnest and persevering manner endeavoured to gain any cine to the perpetrators of the horrid deed. It is worthy of remark, and is a volume in itself, that not one of the peasantry came near the house during the day!
A Gentleman has just favoured us with the following report of a circumstance connected with the murder of Mr. Franks & his family, which, it is hoped, may lead to the discovery of some of the perpetrators of that horrible carnage.- A woman who had been travelling from Youghal towards her home, co. Limerick, stopped on Tuesday night at the house of a farmer in the vicinity of Castle-lyons, in order to seek a lodging, but being refused admittance, she resolved to pass the night in the haggard adjoining the house; she states, that at an early hour on Wednesday morning, the owner came into the haggard and deposited fire-arms on a cock of hay, and whilst doing so, he exclaimed, "that they had done their business." It is stated that this man, whose name it is not necessary to disclose, has been taken up, and it is expected considerable information will be obtained from him.
Mr. Franks was brother-in-law to Christopher Meade, of this city and resident for some years in Clare-street.--Limerick Chronicle
Mrs. Franks was sister of Thomas Frend Maunsell Esq. of Ballybrood, in this county.--Ibid.
published Galway, Ireland
Monday, September 22, 1823
A good deal has lately been said in the public papers as to the early cutting of grain. An experienced agriculturist has furnished the following criterion, whereby to determine the proper time for commencing this operation. He says, "the cutting of grain should be commenced whenever the straw immediately below the ear is so dry that on twisting it no juice can be expressed, for then the grain cannot improve, as the circulation of juices to the ear is stopped. It matters not that the stalk below is green. Every hour that the grain stands uncut, after passing this stage, is attended with loss."
CARLOW, Sept 18.- On this subject as far as relates to our own immediate vicinage, we have to congratulate ourselves, and to thank Providence, that all is perfectly tranquil. There is no actual demonstration of any thing evincing an evil tendency in the people, nor are there any very great complaints of poverty, or privation, even amongst the lower orders of society.- Carlow Post.
Some time ago, a gentleman in this neighbourhood, having heard that a Fox had been pledged at one of the pawn-offices in this town, purchased the duplicate, and humanely released poor Reynard, who is now placed in a very comfortable situation in the gentleman's demesne.--Ibid.
CORK, Sept 16- A Court of Special Sessions for the County was held yesterday, at which Mr. Blacker, the Assistant Barrister, attended.
John Barry was charged with having been absent from his dwelling-place on the night of the 25th July.
The case having closed, the Magistrate retired for a short time; when they returned, Mr. Blacker said, that he was sorry to learn from the Magistrates that the prisoner was a very suspicious character. The Magistrates, however, not seeing any reason to disbelieve the witnesses for the defence, had acquitted him. Mr. Blacker concluded by endeavouring to impress upon the prisoner the necessity of keeping regular hours, and establishing a good character.
J. Sullivan was charged with being absent from his place of abode after sun-set.
It appeared the prisoner had been at his uncle's house, by whom he was employed drawing sand. He was thereafter acquitted.
The Court adjourned to Thursday next- to be held at Mallow.
LIMERICK, SEPT. 17- A large barn, the property of Mr. Daniel Nihid (or Nibid), between Coragh and Adare, was maliciously burned down on Saturday night, between 11 and 12 o'clock, together with a plough, harrow, and other articles of husbandry.
On Saturday morning last, at the hour of six o'clock, Mr. John B Williams, with a party of 20 men, distrained some of his tenants on a farm situated about eleven miles west of Bandon, and two of Balcaneen, for non-payment of rent. One of the tenants, with a whistle, immediately assembled a mob of over 200 men, and attacked Mr. W. himself, wounded some of his men dreadfully, and disarmed one man of a gun.
A violent attack was made last Tuesday on some tithe valuators, at New-inn, county Tipperary, who had the precaution of taking a few police for their protection; they were assailed, eight in number, in the open day, by a gang of about 30 ruffians, and blackened, and nearly all armed, who commenced firing on them; this the police returned, and it is hard to say what might have ensued, if some of the military from New-inn had not come to the relief of the procters. The assassins then fled, leaving various coats and hats behind them; and two were wounded, having been observed to fall frequently in their retreat.
A Bench of Magistrates sat yesterday at the Co. Court-house to investigate a complaint brought against serjeant Fitzgerald, who has charge of the party of police, at Ballybrown. The charge was preferred by three sub-constables. After a long and patient inquiry, the Court, through their Chairman, the Earl of Clare, declared the serjeant fully acquitted; and as they considered the charge malicious and ill-founded, find [sic] one of the constables 20s., and two more 10s each.
Monday, last, Maurice Joyce was lodged in the co. gaol, for attacking the police and Lady Ormond's tithe valuators, near Rathkeale, on Friday, as stated in our last.
A threatening notice has been posted, forbidding the measurement of turf bog in this neighbourhood.
Thursday a petty sessions was held at Rathkeale. The Chairmad [sic ?] took an opportunity of addressing the country people, and explained to them the law as it now stood, respecting persons found assembled for the purpose of rescuing property distrained for rent, and hoped that they would take warning and not offend in that respect. A number of persons were also brought before the Court, charged with skinning, and otherwise destroying the surface of the Commons of Rathkeale, they all pleaded ignorance of the law, which was explained to them by the Chairman, who, after a suitable admonition, dismissed the complaint, on their promising to replace the earth, &c. taken away, and never to act so again. The penalty is five pounds for every square yard injured, or three months imprisonment.
MAYO, CASTLEBAR, SEPT 15.- The Magistrates of this County are required, by the Lord Lieutenant's Proclamation, to assemble in this town on the 23d instant, to appoint 144 Constables, being at the rate of 16 for each barony in the County. We are gratified at the extension over the whole country, of a permanent and well organized system, from which the best results may be expected.-- Constitution
On Tuesday last, Mr. Henry Tighe, Postmaster of Rathlacken, in this county, in a fit of derangement, terminated his existence, by cutting his throat with a razor.--Ibid
SLIGO, SEPT. 17- On Tuesday, 9th September, the Committee of the
Ladies' Association of the Union of St. John, in connection with the British and
Irish Ladies' Association for the improvement of the female peasantry of
Ireland, held their first regular meeting in the Grand Jury room.
The parish was divided into four districts, which were sub-divided into eighteen portions, to each of which a superintendent from the Committee, and visiting Ladies, were appointed.
They will also endeavour to recommend to the people the observance of cleanliness in their houses and persons, and gradually lead them to appreciate the advantages resulting from industry and order.
THE LATE MURDERS
Nothing has since occurred to discover any of the perpetrators of he murder of Mr. Franks & family.
The bodies of Mr. and Mrs. Franks and their son were interred at Kildorrery, at an early hour on Friday morning, attended by many of the respectable Gentry of that neighbourhood; and it is worthy of remark, that scarcely any of the peasantry, and certainly none of his own tenantry, were at the funeral.
After the inquest was ended, the clothes were taken off the body of the elder Mr. Franks, when it was found to be perforated in innumerable places, back, belly, and sides, by the double prongs of hay-forks or pikes, the impression of which even went into the floor where he lay.
The female servant who gave evidence at the inquest, though a prisoner in the first instance, was liberated shortly after, and we must presume, upon just grounds; but even as a matter of necessary precaution, we think she should have been kept in a place of safety, at least for some time longer, and without the reach of being tampered with; for it is idle to suppose that she could be acquainted with some of the persons who composed that large murderous gang.
The friends of Mr. Franks have no hesitation in saying, that the murders were committed by persons of their own immediate neighbourhood, leagued with their tenantry, as it was believed by them that the elder Mr. Franks was the only life in existence of the farm upon which he lived. The mother and son, knowing the party, fell as a necessary consequence.
A young girl, taken from a charter school by Mrs. Franks, was an inmate of the family for some time past, but had left them a few days before; she was particularly looked for by the gang, and, if found, would have met a similar fete, as the ruffians repeatedly expressed their intention of destroying her also.
A meeting of Magistrates was held on Saturday at Bowen's Court, near Kildorrey, to consider of the best means of discovering the murderers of Mr. Franks and his family, and also adopting such measures as the unfortunate state of the county demands.--Chronicle
War-Office, 12th Sept. 1823
9th Regiment of Foot- Hospital-Assistant J. Burt, to be Assistant-Surgeon, vice Dent, promoted to the 21st Foot.
13th Ditto- Adderly Shaw, Gent., to be Ensign without purchase, vice Slacke, appointed to the 28th Foot.
15th Ditto- Mark Kerr Atherly, Gent. to be Ensign, by purchase, vice Browne, promoted in the 70th Foot. Ensign Alexander Beatty, from half-pay to 44th Foot, to be Ensign, vice Atherly, appointed to the 70th Foot.
18th Ditto.- Brevet Major Robert Percival, to be Major, without purchase, vice M'Neill, deceased- Lieutenant Jeremiah Cowper to be Captain, vice Percival. Ensign John Grattan to be Lieutenant, vice Cowper. Gentleman Cadet Edward Kent Young, from the Royal Military College, to be Ensign, vice Grattan.
21st Ditto- Assistant Surgeon Wm Dent, from the 9th Foot, to be Surgeon, vice Carey, deceased.
22d Ditto- Lieut. Robert Pattison Holmes to be Captain by purchase, vice England promoted to the 49th Foot. Second Lieutenant Edmond Thos. Ellis, to be First Lieutenant, by purchase, vice Holmes- Wm. le Mesurier Tupper, Gent. to be Second Lieutenant, by purchase, vice Ellis.
28th Ditto- Ensign George Shawe to be Lieutenant, without purchase. Ensign Arthur Gray Slacke, from the 13th Foot to be Ensign, vice Shawe. Leiut. Thomas Wheeler to be Adjutant, vice Bridgeland, deceased.
23d Ditto- Captain Honorable, H.R. Molyneaux, from half-pay 2d Ceylon regiment, to be Captain, vice John T. Williams, who exchanges, receiving the difference.
33d Ditto- Captain John Powell Correvont from half-pay 60th Foot, to be Captain, vice H.B. Hall, who exchanges, receiving the difference.
35th Ditto- Captain William Hay, from the 67th Foot, to be Captain, vice Wilder, removed from the service.
38th Ditto- Lieutenant James Watson Boyes, from the 85th Foot, to be Lieutenant, vice Power, who exchanges.
49th Ditto- Captain Richard England, from the 23d Foot, to be Major, by purchase, vice Hutchinson, promoted.
67th Ditto- Lieutenant Herbert Vaughan to be Captain, by purchase, vice Hay, appointed to the 35th Foot.
70th Ditto- Ensign Honorable George Augustus Browne, from the 15th Foot, to be Lieutenant, by purchase, vice Hunter, promoted. Ensign Mark Kerr Atherly, from the 15th Foot, to be Ensign, vice James Langston Clarke, who retires upon half-pay 44th Foot.
73d Ditto- Chas. Primrose, Gent., to be Ensign, without purchase, vice O'Brien deceased.
85th Ditto- Lieutenant Manly Power, from the 38th Foot, to be Lieutenant, vice Boyes who exchanges.
88th Ditto- Captain Wm. Abraham de Mesurier, from half-pay 24th Foot, to be Captain, vice Duncan Robertson, who exchanges.
92d Ditto- Hospital Assistant Charles Thompson to be Assistant-Surgeon, vice Lenon, dismissed from service.
1st West India Regiment- Brevet Major Dudley Ackland Gilland, from the 1st Royal Veteran Battalion, to be Captain, vice C. Kenny, who retires upon half-pay 12 Foot.
1st Royal Veteran Battalion- Brevet Major Thos. W. Poppleton, from half-pay 12th Foot, to be Captain vice Gilland, appointed to the 1st West India Regt.
Major Henry Heley Hutchinson, from the 49th Foot, to be Lieut.-Col. of Infantry, by purchase, vice Colonel Robert Wright, who retires.
Assistant-Surgeon Beresford Tedlie, M.D. from 85th Foot, to be Assistant-Surgeon to the Forges.
On the 22d instant, in this town, Mark Lynch, Esq., to Miss D'Arcy, daughter of the late John D'Arcy, of Houndswood, in the County of Mayo, Esq.
At St. Marylebone Church, by the Ver Rev. W. Long, Dean of Windsor, Henry Seymour Montagu, Esq. H.C.S. to Maria, youngest daughter of the late Beetson Lang, Esq.
At Dartford, John Tusker, Esq, eldest son of John Tasker, Esq., of Wilmington, to Ann Campbell, eldest daughter of William Peete, Esq. of Dartford, Kent.
At Great Parndon, the Rev. Henry Fuedal, Vicar of Nazing, to Anne Catherine, second daughter of the Rev. John Johnson, Rector of Great Parndon, Essex.
In Ennis, George Unthank, of Limerick, Esq to Eliza,daughter of William Wheeler, Esq. late of Rossmanaher, in the County of Clare.
NINETY-THIRD HIGHLANDERS- MILITARY OUTRAGE
In a late number of the Connaught Journal, we gave an account, from The Westmeath Journal, of the bad conduct of this regiment in the town of Mullingar- this statement was called by some friend of the 93d regiment, "Calumnies and Misrepresentations." The last number of the Westmeath Paper contains the following defence of itself:-
"At the time of giving publicity to an article, under this head, in our last number, we felt but little apprehension of having either our motives or our veracity called in question. We have, however, been disappointed. It was with unfeigned sorrow that we first adverted to this unparalleled transaction- and it is certainly with much pain that we are reluctantly compelled to resume it again.
"A statement of the outrage committed by the Military, appeared in our last number, in language and expressions, studied in delicacy, and published with regret. In that statement, we again repeat, we have been most scrupulously correct- nay, so considerably under the truth, so rigidly reserved from high colouring, that we did not give the one twentieth part of the outrages perpetrated in the course of this lamented business; so much so, that we have been accused by many of the much injured inhabitants for glossing over the most material parts of the transaction. To so great an extent did we soften down the disgraceful outrages of that night, which will long [be] remembered in Mullingar, that we actually concealed from the Public, the assault committed on ourselves! in the very act of closing our doors against the tumult, we had nearly fallen a victim to a blow of a large stone or brick made by one of those very soldiers who so quietly "passed up the streets of Mullingar!" Had not the meeting edges of the door fortunately warded off the ruffian's hand, the same column which so mercifully reported the outrage, would, probably, have recorded our death. So much for the "Calumnies and Misrepresentations so industriously circulated." Will the Editor of The Evening Mail, after this fact, which is only one out of many similar acts committed through the town, will he still attempt to palliate these wanton outrages on a peaceable community? We are certain he will not. he will no longer give credence to a counter statement, which we do not hesitate to term, one tissue of palpable contradiction and bobbling falsehood from beginning to end. The numerous affidavits of the respectable inhabitants, and the sufferers in this unexampled MILITARY FORAY, are now in a state of substantiation before a Court of inquiry, at present sitting here; we therefore forbear any further animadversion on their conduct; nor would we have been drawn to mention the subject again, had not the very unwarranted and unrefined contradiction appeared in a Paper from which we least expected it. We therefore dismiss it, regardless of any fure [sic] attempt that may be made to cast our Journal into the shade. We seek not paper wars. Firm in our integrity, we trust our columns will, as they have ever done, advocate the cause of the oppressed, support the Constitution, and be the firm upholder of Religion and Morality.
"A Court of Inquiry has been sitting at Murray's Inn, in this town, since Monday last, composed of the Hon. Major-General Harris, a Field Officer of 86th regiment, and an Officer of the Royal Artillery, for the examination of witnesses, and inquiry into the circumstances connected with the riot and outrages committed on the inhabitants of this town, by a number of the 93d regiment."
At Malyern, Worcestershire, Wm. Henry, youngest son of Sir C.T. Palmer, Bart, of Wanlip-Hall, Leicestershire.
At Canterbury, Christopher Pottinger, Esq.
In Park-place, aged 32, the Rev. Robert Peel, son of Thos. Peel, Esq, of Manchester.
At South-Ville, Wandaworth road, Sarnia, relict of the late Samuel Godfrey, Esq. of the Stock Exchange.
Wiliam Carter, Esq. of Peekham, Surrey, aged 72.
In Armagh, Mr. James Maxwell.
On the 9th inst., at St. Germaines, after a short illness, James Connolly, jun. Esq oldest son of James Connolly, Esq of Dublin.
On Tuesday Week, at the house of his uncle, on the Parade, Kilkenny, at the early age of 13, Wellesley, only son of Henry Halford, of Smithstown, in in the Co. Kilkenny, Esq.
On the 14th June last, at Piasaw, near St. Louis, in the State of Illinois, America, Mr. Edmund Carroll, the fifth son of Mr. Thomas Carroll, of Seskin, in the County of Kilkenny.
Of decline, on the 7th instant, at Drum, in the Co. Monaghan, in the 27th year of his age, Joseph Rutherford, Esq. He returned on the 23d ult from Clifton, where he had been for the benefit of his health.
In the Matter of FRANCIS BUTLER, a Bankrupt.
NOTICE is hereby given that the Commissioners in this Matter
named will proceed in the final examination of the Bankrupt, on the first day of
October next, at the Royal Exchange, in the afternoon, to which said day the
examination of the said Bankrupt, as also the proofs of debts is adjourned, and
when and where, all parties interested are desired to take notice, otherwise the
examination of said Bankrupt will be concluded on that day.
Dated this 18th day of September, 1823.
GEORGE CONNOR, jun.
Agent to the Commissioners, 5, Fo?????s-street, Dublin.
As Clerk or Shopman
A YOUNG PERSON, well qualified to attend a GENERAL ASSORTED
SHOP- None need apply but such as can produce strong recommendations as to
character, integrity, &c.
Apply [if by letter post paid] at the Connaught Journal Office.
22d September, 1823
House in Middle-street,
TO BE LET
From the twenty-ninth of September instant,
THE LARGE HOUSE in MIDDLE-STREET, now occupied by Mrs. MAHON, consisting of a Parlour, Drawing-room, six Bed-chambers, Kitchen and Pantry, three Keeping Places and a Stable, together with two spacious Garret-rooms- The House is in thorough repair, fit for the reception of any family.
Galway, Thursday, September 25, 1823
APPREHENSION OF THE MURDERERS OF MR. FRANKS AND FAMILY
On the authority of a letter which we have seen from a respectable Gentleman near Mallow, we have much gratification in communicating the intelligence that ALL the barbarians engaged in that most diabolical murder has been apprehended, and that one of them has turned Approver. We trust that retributive justice will not be slow, and that neither the Approver, nor the miscreants his companions in blood, will be permitted the long interval between this and the next Assizes to retract his evidence, and to terrify and deter further witnesses. A Special Commission should issue forth with, if the fact be confirmed- it is due to the memory of the sufferers.- Cork Mercury of 20th Sept.
There were hopes, from some reports which were in circulation yesterday and this day, that the remorse of some of those implicated in the inhuman transactions had even outrun the early interference of Governments, and it was stated, with some appearance of confidence, that five persons had been apprehended on the information of one who knew every particular connected with the murder, and of all the previous arrangements for it. We believe, however, that there is no authority for the rumour, and that up to the present moment, no other light than what suspicion casts, had fallen upon the perpetrators of the bloody deed.
Another rumour was also actively propagated this day, to the effect that Lord Doneraile was fired at by secret assassins in his own park yesterday.- There is, unhappily, too much true matter to be narrated, without adding to the public alarm, and giving pain to families and friends, by fabricated statements. We have been informed that two persons have been arrested, who are suspected of having been concerned in the above murder.--Cork Advertiser.
To be Let,
A Drawing-Room, Parlour,
Bed-Chamber & Kitchen,
WELL FURNISHED- Apply to
Woollen Draper, High-st.
Galway, 25th Sept. 1823
N.B.,- They will be let unfurnished.
TO BE SOLD,
By P. GANNON, at MOUNTPELIER, near Athenry
A STRONG, WELL-BUILT, FASHIONABLE
Without Harness; the Cushions are quite new; had a
small expense been incurred in varnish, it would have
been better fit for the accommodation of a Private
Family that that of a common use.
An approved Bill at 61 Days, will be taken as pay-
ment- September 25, 1823.
NOTICE is hereby given, that any Person or Per-
sons found Shooting (without permission) on
the Estate of MOYCULLEN, the property of PATRICK
and JAMES LYNCH, or on the Estate of LYDICAN,,
the Property of ANDREW H LYNCH, Esq., after this
date, shall be dealt with according to Law.
DOMINICK DOYLE. Galway, Sept. 25, 1823
House in Dominick-Street,
TO BE LET
From the 29th of September instant- for 3 Lives,
or 41 Years. or for any shorter Term,
The DWELLING-HOUSE and CONCERNS in Dominick-street, now occupied by
Mr. Blakeney, Attorney, consisting of a Parlour, Drawing-
room, four Bed-Chambers, and two Garret-rooms,
together with a Kitchen, pantry, numerous Out
Offices and an extensive rere.
Application to be made at said House, or at The
Connaught Journal Office.
September 25, 1823.
RIGHTS OF SEPULTURS.
An opinion has been obtained from Mr. O'Connell on this question, which, as it is one of very deep interest, we lose no time in laying it before the public:
"There is no Statue Law preventing a Catholic Priest from praying for a deceased Catholic in a Church-yard. The mistake no this subject originates in a misapprehension (frequently a wilful one) of the Statute of the 21st and 22d of the late King, cap. 24, sec. 8. But that section contains no prohibition. It is not, in itself, any enactment of a positive or affirmative nature. It operates merely by way of exception, and it simply deprives such Catholic Priest as may ' officiate at a funeral in a Church or Church-yard' of the benefits conferred by that Act.
"Now, no Catholic Priest, does, at present, want the benefit of that Act at all. It is, in truth, now a dead letter, remaining with much similar lumber on the Statute Book, creating no rights, constituting no privations, unless in its enactments, nugatory in its exceptions.
"The next question asked me is, whether the praying for the dead by a Catholic Priest, at a funeral or in a church-yard is prohibited by the Common Law? My answer is, THAT IT IS NOT. The Catholic Religion had its pre-existence in the Common Law; it was adopted into the Common Law as part and parcel of that Law. So the Law continued until what is called the Reformation, in the reign of Henry VIII. The Catholic religion being thus part and parcel of the Common Law, it follows, necessarily, that praying for the dead could not be prohibited either at funerals, in the church-yards or elsewhere. On the contrary, it was at Common Law, part of the duty of the Priest, and he was bound to pray for the dead at funerals and in church-yards. And it was reciprocally one of the rights of the King's subjects at Common Law to have prayers said for the dead by Catholic Priests at funerals and in church-yards.
"Thus such prayers not being prohibited, but, on the contrary, being enjoined at Common Law, and there being no Statute to prevent such praying, it follows, as a matter of course, that no Catholic Priest can be legally prevented from praying for a deceased Catholic at a funeral in a church-yard.
"The next question turns upon the mode of redress, should a Catholic Priest be prevented from thus officiating? As to that- I am of opinion (but with some doubt) that an action would lie at the suit of the Executors of the deceased against any person who prevented a Catholic Priest from praying in the church-yard over the body of their Testator. But, as I am unwilling to advise litigation where it may be provided, I think the best remedy would be found in the peaceful but determined assertion of the right. Let the friends of the deceased peaceably surround the Priest and the body during the service. Let any violence which may arise come from the preventing parties, and then the individuals to whom that violence may be used will have a distinct right of action, or may proceed by indictment against the persons who use force. In many Counties there may be natural and usual apprehension that the Magistrates tinged (to speak moderately) with Orange, may not do strict justice to the Catholics on any occasion of this sort, in every such case the indictment, as soon as found, should be removed by certiorari into the King's Bench, where every body is sure of meeting impartial justice. If Grand Juries acting on a similar bad feeling, throw out the Bills of Indictment, the Court of King's Bench, upon making out, by affidavit, a proper case for that purpose, will grant a criminal information.
"Thus it will be found that there are abundant means for the Catholics to maintain this their undoubted right. I am decidedly of the opinion that it ought to be asserted. The Catholics may as well at once abandon the tombs of their fathers and relatives, as submit to the petty and tyrannical bigotry which now seeks unjustly and illegally to deprive them at moments of the greatest and most bitter sorrow of the awful but melancholy consolations of their Holy Religion.
"I therefore, repeat my decided opinion, that the Catholics have a right to these prayers, and that such right should be exerted with determination, but peaceably and without any illegal violence whatever."
Being asked what measures Government would
take to prevent emigration- Mr. Fox replied, that
"he knew not positively; but, whatever might be
attempted, he knew but one effectual way, and that
was to make it worth the subjects' while to stay
Yesterday, about two o'clock, as Christopher Redington, of Kilcornan, Esq. was conversing with Mrs. Blake, of Frenchfort, in the streets of Oran, a horse, with a car attached to it, (which was incautiously suffered to stand at a door, without any person to take care of it,) took fright, and furiously ran through the streets, by which Mr. Redington (not perceiving his danger until too late) was precipitated from his horse, and received a very severe contusion on the forehead. The shaft of the car ran through the belly of the horse on which Mr. Redington was riding, and with the extreme force broke the poor animal's back, of which it died a short time. We feel infinite pleasure in stating, that no fears are entertained for the safety of this respectable and amiable gentleman, whose escape was most fortunate.
Fever, we regret to state, has been communicated to us, as showing itself in different places, and principally of the Typhus kind. In some parts of the counties of Cavan and Leitrim it has made its appearance.--Armagh Paper
Several persons from this neighbourhood have returned this week from Miramichee and Quebec, both places being overstocked with hands.--Limerick Paper.
CORK, SEPT 17-On Sunday morning last the following Notice was posted on the Chapel gate of Analyn?ha, within six miles of Mallow, and immediately torn down by Charles Purcell, Esq.:-
"No mercy whatever for any person buying or witholding his Tithes this year, for God and Man have conceived to punish the wickedness of the times, animated with a firm hope, that I will for the next entirely abolish and subvert this present and pressing tyrannical system of oppression under which we groan. In order, therefore, that you may avert the impending scourge which inevitably awaits the non-observers of my constitution, I do hereby strictly caution you and all of you to Surrender, give up, and Deliver unto your respective Rector, your Tithes for this harvest under the pain and penalty of purchasing to yourself, the punishment herein prescribed which will Cost you no less than your life with a total Consummation of your Property, including your Cattle.
"I find by Experience that Some of you may flatter and deceive yourself by Expecting a Remuneration for The loss of your property, but alas, What remuneration can you Expect when you shall make a short and perhaps unprovided exit from off the Stage of life, for if this My first and last Notice do not make the Satisfactory impression, I shall unavoidably have Recourse to the above measure of Which I find so highly essential for the Stability of the public causes.
"As I had been on my Tour to inspect, the Southern Districts I got various Complaints of that infernal Stephen Wig more I now entirely caution you and Church to resign your Demonic offices of I shall Settle your wig the wrong way, any person in Future Serving process or ceasing Distress by Virtue of a Decree shall be Shot or burned alive and his house and property Destroyed.
Issued from the Council Chamber,
Rock Hall. Marshall Rock"
CORK, SEPT 19- Yesterday a Court of Special Sessions was opened at Mallow, pursuant to adjournment. Mr. Blacker and the Assistant Barrister were on the Bench at an early hour. The attendance of the Magistrates was highly respectable.
Two men named Curtin and Gesman were tried for being absent from their dwellings, and after a long and patient investigation, they were acquitted, but were again remanded to prison. The trial excited considerable interest, as the parties accused were opulent farmers.
On Wednesday night an attempt was made to set on fire White Church- a place of Protestant worship, situate on the old Mallow road, within four miles of this city.
A Gentleman who has a large farm near Mallow, made a compromise for his tithe with the Rector of the Parish, agreeing to make him an annual payment in lieu of it. His Steward intending to make the hay of the farm into a rick, made arrangements for that purpose. On Sunday night a party of Whiteboys came to the house of the Steward, and, on his opening the door, they desired him to keep inside, and they threw stones to prevent his coming out, lest he should have any opportunity of observing their persons. They then told him that no compromise relative to tithes would be allowed; that the Rector must be made to draw his tithes, as otherwise they would set fire to the house and haggard. The Steward was allowed a few days to communicate with his employer on the subject, and the party went off.-- Cork Morning Paper
MAYO- CASTLEBAR, SEPT. 18- Several Clergymen of the County, we understand, have applied, or intend immediately to do so, to have the provisions of the New Tithe Act extended to their respective Parishes. Amongst others, the Rev. G.V. Hart, Rector of this Union. The proposals of the Rev. J. O'Rorke, and Walter James Burke, Esq to the Parishioners of Foxford, and of the latter Gentleman to those of Kilgarven, Attymas, &c. on the subject of their Tithes, have not, we learn, been acceded to, at the meeting which took place at Swineford, for the purpose of entering into a permanent agreement.
An instance of extraordinary expedition in putting flax through its various stages of dressing, spinning, and preparing it for the loom, has been communicated to us. A Widow Johnson, who lives near Rathfriland, pulled a certain quantity of Flax in the morning- took it home, and spread it in a large tub, in two layer, reversing the second one from the first. This done, she poured on it a potful of warm water, covered it up and allowed it to remain so for several hours, until properly fermented- she then lifted the flax out of the tub, squeezed the water from it, and spread it out in the sun until dried; and afterwards she beetled and skutched the flax, carded it, and spun a hank of good yarn from it, all in the course of one day! Nor did her industry end here, for in the evening of the same day, she actually sold the hank of yarn to a shopkeeper in Rathfriland--Newry Paper.
The five men who were convicted and received sentence of death at the last Assizes of Mullingar, for attacking the house of J. Fitzpatrick, assaulting him and cutting off his ear, and were to be executed on the 22d inst., have received a respite until further orders.
Major Washington will shortly leave Dublin to form Constabulary forces in several of the Northern Counties.
On Friday last, David Donovan, a boy 10 year old, of Six-mile-bridge, has his leg, thigh, and arm broken by a threshing machine.
DUBLIN CASTLE, 5TH SEPTEMBER 1823
THE LORD LIEUTENANT, for the better discovering and bringing to justice the Persons concerned in the murder of DENIS DONOGHUE, of Knockronavoker, in the County of Tipperary, also the Persons concerned in the Murder of WILLIAM GREENE, at Ballyglass, in said County; and the Persons concerned in the attempt to murder JOHN STEWART, Esq. at Carraghpore, in said County, is pleased hereby to offer a Reward of
for the Discovery and Conviction of the said Murders, in each
separate case; and also for the attempt at murder; and also to promise his
Majesty's Pardon to any of the Persons concerned in said murders, excepting the
Persons who actually committed the same, or to any of the Persons concerned in
the attempt at murder; besides the Reward of FIFTY POUNDS in each Cause above
mentioned, who shall within Six Months from this Date discover their Accomplices
so that they, or any of them be convicted of said murders, or attempt at murder.
By his Excellency's Command.
By the Lord Lieutenant General and General Governor of
WHEREAS it is expedient that Constables should be appointed in and for the County of Leitrim, under and according to the provisions of an Act passed in the last Session of Parliament, entitled, "An Act for the appointment of Constables, and to secure the effectual performance of the Duties of their Office, and for the Appointment of Magistrates in Ireland in certain Cases."
Now we, the Lord Lieutenant General and General Governor of Ireland, in pursuance and execution of the power in that behalf vested in us by the said Act of Parliament, do hereby require the Magistrates in the Commission of the Peace for the said County of Leitrim, to assemble, on Friday the seventeenth day of October, One thousand eight hundred and twenty-three in the County Court house , at Carrick-on-Shannon, being the Assize Town of said County of Leitrim, and there, ten at least of the said Magistrates being present, to nominate ninety-six Constables in and for the said County of Leitrim, being after the rate of sixteen for each Barony, to be stationed in and thro' the several Baronies within the Said Co. of Leitrim.
Given at his Majesty's Castle of Dublin, this 22d day of September, 1823.
By his Excellency's command.
By the Lord Lieutenant and Council of Ireland,
WHEREAS we have received information that on the evening of the ninth day of September instant, the house of Mr. Thomas Franks, at Lisnagourneen, in the County Cork, was feloniously entered into by several persons at present unknown, who then and ther barbarously murdered the said Thomas Franks, and his wife and Son.
Now, we, the Lord Lieutenant and Council being determined, as far as in us lies, to bring the persons concerned in the said barbarous murder to speedy and condign punishment, do hereby offer a Reward of
FIVE HUNDRED POUNDS
The same to be paid in the manner following, to any person or persons who shall within the space of Six Calendar Months from the date hereof, discover the persons concerned in the same murders, so as that they, or any of them be apprehended and prosecuted to conviction, that is to say, the sum of
ONE HUNDRED POUNDS
for each and every of the first five persons concerned in the
said murders, as perpetrators or accomplices, who shall be apprehended and
prosecuted to conviction as aforesaid.
And in order to induce any of the accomplices in said murders, to make discovery thereof, we do hereby offer his Majesty's most gracious pardon to any of the said accomplices, except the persons and every of them who actually committed the said murders, so as that the others or any of them, may be apprehended and prosecuted to conviction, and so as said last mentioned discovery shall be made within the space of two Calendar months from the date hereof.
And we do hereby strictly charge and command all Mayors, Sheriffs and Baliffs, and all other his Majesty's loving subjects to be aiding and assisting in apprehending all and every of the person or persons who was or were concerned in the aforesaid murders or in instigating the same, so as that he, she or they may be apprehended for the same according to law.
Given at the Council Chamber in Dublin, the 16th day of September, 1823.
Mayo. Erne. Nerbury. Downes. G.F. Hill. W.C. Plunkett. Wiliam Vesey Fitzgerald. Henry Goulburn.
GOD SAVE THE KING
CHURCH OF ST. NICHOLAS
AT A SPECIAL MEETING of the Committee appointed to carry on the Improvements and Repairs of the CHURCH of St. NICHOLAS, held in said Church on FRIDAY, the 19th of SEPTEMBER, 1823,
His Grace the Archbishop of TUAM, in the Chair.
It was unanimously resolved,
That while our joint objects should be to facilitate the distinct hearing of the Officiating Ministers, and the father extending accommodation for the Parishioners, we should endeavour, through the means of a skilful Architect, to maintain what remains of the beauty and order of this ancient and much-admired Edifice, and to restore what has from time to time been defaced, impaired , or mutilated, and that in this we ought not to confine ourselves to the consideration of its interior only.
Resolved- That in directing our attention to the exterior of the Church, we lament to observe it surrounded by various disfigurements, and most offensive nuisances, and that the establishment of a Turf and Vegetable Market in front of the principal entrance is most unseemly.
Resolved- That the resort of idle and disorderly persons to the Church-yard, during the time of Divine Service, is a discredit to the character of the Town and highly offensive to such of its inhabitants as attend the Worship of GOD, in the Church.
Resolved- Therefore, that we do now call upon all persons possessing influence or authority, and more particularly the Magistrates, Ministers, and Church-Wardens, to exert themselves in expressing and preventing these just causes of complaint.
Resolved- That we do in a more especial manner respectfully but earnestly entreat his Worship the Mayor (without whose aid all other exertions will be comparatively of no avail) to direct his attention to these Resolutions, with a view to the abatement of the causes of complaint they contain, and that he will be pleased to make such arrangements as to him may appear fit, for the effectual preservation of quiet and good order in the neighbourhood of the Church during Divine Service.
Resolved- That these Resolutions be published in THE CONNAUGHT JOURNAL and Galway Weekly Advertiser.
September 25, 1823.
MURDER OF MR. FRANKS AND FAMILY
[From the Southern Reporter]
Regard for the feelings of the Relatives of
this cruelly butchered family, would prevent us from reverting to the sanguinary
transaction as we have nothing satisfactory to state touching the apprehension
of any of the perpetrators of the Murder, if we did not feel ourselves
imperatively called on to notice a paragraph of an article which appeared in The
Limerick Chronicle of last Wednesday, in the following words:
" A young girl, taken from a Charter School, by Mrs. Franks, was an inmate of the Family for some time back, but had left them a few days before. She was particularly looked for by the Gang- and if found would have met a miserable fate, as the Ruffians repeatedly expressed their determination of destroying her."
It is part of a very bad policy to attribute the atrocities and outrages of various character of which this unfortunate County has been lately the scene to religious animosities. The result of every enquiry into the disturbances which have been followed and attended by the loss of so much property, during the past two years, shews that the religious feelings were in on way brought into action. For this we have the authority of the Ministers in Parliament, of the Judges who presided at the Special Commission, and of the King's Attorrney-General, who directed the prosecutions in person, and must have been acquainted with the nature and objects of the Association. We have also the authority of facts, the instances being innumerable, of the Roman Catholics suffering in person and property by the destructive system adopted, of which our columns gives new proof this evening, in the case of a very respectable person of that persuasion, who, having gone to execute some process of law, was treated so brutally, that it is probable his death has taken place ere now. The Catholic Clergy, too, from their altars, and frequently when in attendance at the scaffold, on the numbers who were convicted in due process of law of Whiteboy offences, have addressed the surrounding multitudes upon the deep criminality of that system which had brought so many victims to an ignominious end- and yet, in the face of these facts, we see it daily endeavoured to be progagated, that the murders and outrages which have been committed, are the result of a religious conspiracy, the agents of which are Catholics, and the intended victims are Protestants.
The paragraph which we have quoted above, is one of a thousand of the same description disseminated for the obvious purpose of encouraging this belief. The circumstance which it sets forth is, however, as totally devoid of truth, as we are sure the alledged [sic] religious conspiracy, which it is brought to support, is without existence. We have the best reason to know, and authority to state, that an insinuation, to the same effect as the substance of the paragraph from the Limerick Chronicle, having been conveyed at the Coroner's Inquest on the bodies of the murdered family of Mr. Franks, an inquiry was made, and not the minutest particle of evidence could be found to support what had been so insidiously thrown out. We think this fact is worth knowing, and we doubt not that those of our contemporaries, here and elsewhere, who do not wish to add fictitious to the real horrors of the condition of the Country, will state the matters in its true light. We do not invite them to do do however, without first inquiring what took place at the Inquest.
Skibbereen, Saturday morning, Sept. 20- Three men named Regan, were last night brought in her by the Police, charged with murder. The particulars, as well as I could collect, are as follows: - On Sunday night last, a party of men and women were diverting themselves over cards, in the house of a man named Hingston, of Whitehall; some difference arose between Hingston's daughter and the murdered man, named Coghlan,and she in her irritation struck him, for which he vowed revenge. On his leaving the home he was followed by the three prisoners, who beat him so dreadfully that he died on Thursday night.
A Meeting of the Clergy and Parishioners "of all denominations," was held at Whitechurch on Sunday last, when Resolutions were entered into, and a reward offered for the discovery and conviction of any of the persons concerned in the late attempts to burn the church.
LIMERICK, SEPT 24- Late on the evening of Friday last, an attempt was made on the land of Courghill, near Ardagh, in this county to turn a rick of turf, the property of Jacob Miller (a Palatine) by setting it on fire in four places; fortunately, an acquaintance of his, who was returning home, perceived the fire and extinguished it.
Yesterday a Special Petty Sessions was held at Ballingarry, to inquire into a disgraceful Outrage committed on the land of Kilmore, the estate of John Tuthill, Esq. It appeared that within the last five days, property to the amount of some thousand pounds has been destroyed, in pulling down the mill and dwelling-house, which at present are both under ejectment. Summonses were issued against several persons, in whose possession timber, cut down on the premises, were found; and it is thought necessary to station a party of the Police on the premises, to prevent further plunder.
Three stacks of hay were maliciously burned at Meelick, County Clare, on Monday night.- The Police were a short time after on the spot, and apprehended two persons, who are to be tried under the Insurrection Act. The man of the house in which these persons were got, was in the act of writing their names on the door, at the approach of the Police.
On Friday night last a rick of hay, containing sixteen tons, the property of Mr. Good, a respectable farmer, residing at Ballinamons, in the neighborhood of Mallow, was maliciously consumed by fire.
KILKENNY, SEPT. 24.- On the night of Sunday last two fields of wheat, containing about six acres, and which had been in case of keepers, under a distress for rent due in the Earl of Normanton, were cut down on the lands of Brownstown, within a mile and a quarter of this city, by a numerous body of the country-people, and the corn completely removed. The assembled peasantry amounted, we are assured to upwards of two hundred, and the fields were reaped in an hour.
A similar outrage was committed at Lavistown, near this city on Monday night, when a considerable quantity of wheat siezed for rent by R.P. O'Shee, Esq and in possession of 12 or 13 keepers, was forcibly removed from the premises by a large party, who confined the bailiffs in adjoining house while they were engaged in this lawless proceeding.
A few nights since a shot was fired into the bedroom of a farmer of the name of Thomas Ryan, of Blanchfields own Barony of Gowran, and immediately after, a person approached the window and cautioned him, in threatening terms, "not to have anything to do" with the farm lately surrendered by his brother Patrick Ryan. The fellow further forbade Ryan to report the circumstances of this lawless visit.-Moderator.
CLARE- ENNIS, SEPT, 22- At the fair of Tubber, on Saturday, an
inhuman outrage was committed on a young man named Harvey, from Rathkerry, near
this town, who had gone there in search of some distress whith [sic] had been
stolen out of custody. On learning his intention, a number of fellows surrounded
him, and beat him in a desperate manner, knocking out one of his eyes, and left
him for dead on the fair green.
CORK, SEPT 22.- We much regret to learn, that
Mr. Neville Payne Nunan, a gentleman greatly respected during his residence in
Cork, has been made, in some degree, the victim of an atrocious outrage. This
Gentleman, accompanied by a man whom he employed to serve as order of law,
proceeded on Friday to the vicinity of Riddlestown, about two miles from
Rathkeale. In the attempt to execute the law process, they were assailed by a
party of peasantry, who not only prevented their purpose, but treated Mr. Nunan
and his assistant barbarously. The latter is at present missing- and Mr. Nunan
himself, after having been hamstrung, and having had several bones broken, was
conveyed in a hackney coach to Rathkeale, where he now lies in a very alarming
Some of our Contemporaries are so fond of imputing such occurrences to Whiteboyism, and of connecting Whiteboyism with Catholicism, that we conceive it necessary to state that Mr. Nunan in himself a Catholic and very nearly allied to a Catholic Clergyman.-- Chronicle
NEW CONSTABULARY OUTRAGE
To the statement which we publish below, on
most respectable authority, we invite the special attention of the Magistrates
of the district where the scandalous outrage was perpetrated. That district, we
are happy to say, is not within the Co. of Kilkenny, but it adjoins it. The
affair recorded below, took place in the Co. of Waterford. We shall see whether
the Magistrates of that Co. know their duty, and, knowing will condescend to
protect the rights of the poor against the swaggering insolence of men
"dressed in a little brief authority."- Should any investigation take
place, we shall thank our Correspondent to communicate to us the result, that we
may do honor to the Magistracy, if they deserve it, or call upon the Government
to interfere, should they neglect to do their duty:
"On Wednesday, 17th September, one of the Police stationed in Carrickbeg, being sent out with instructions to kill any dogs found on the road without logs, fired into the cabin door of an industrious poor man, named Kelly, at a dog then placed on the threshold. The shot killed the dog, and wounded Kelly's child, a boy about five years old, who was at a short distance inside the door. A large grain of the shot penetrated the child's cheek, and remains lodged in his jaw, and another grazed below the eye. Kelly was at the time working at his loom, and the shot, which was thus near depriving him of his child, was fired, without giving him or his family any previous intimation whatever.
"The Police are in general considered a necessary and useful Establishment; but, without adverting to a trial which occurred at the last Waterford Assizes, and confining our observation solely to the above outrage, and the inhuman manner in which a part of the Carrickbeg Police conveyed a Prisoner some time ago to Waterford, it would appear that some of these People consider the life of a fellow creature of a little more value than of one of the canine species; and it is surely high time to restrict the propensities of these Gentlemen, and convince the Poor, that in a peaceable neighbourhood their feelings are not to be wantonly outraged, nor this blood shed with impunity, by those who are so well paid to afford protection." --Leinster Journal.
Yesterday, in the Collegiate Church of St.
Nicholas, by the Very Rev. James Daly, Warden, John Reilly, Esq., to Maria,
third daughter of the late Joseph Ormsby, Esq, Surveyor of Excise.
On the 23d inst., Mr. Henry Hutton, Merchant, late of Barbadoes, to Letitia, only daughter of John Hutton, Esq., of Kilmore, County Dublin.
In Stillorgan Church, the Rev. John Kinihan, to Emily, daughter of John George, Esq.
On the 24th inst., in St. Peter's Church, Wm. Stace, Esq. of Woolwich, to Sarah, eldest daughter of the late Parsons Frayne, Esq. of Bourmont, County of Dublin.
On the 22d instant, at Monkstown Lodge, after
a long and painful illness, sincerely beloved & deeply regretted, Sarah, the
wife of Robert Walker, Esq., of Spring Park, county of Dublin.
On Thursday, the 25th inst., at his seat, Dansdown, county Kildare, James Archhold, Esq.
DUBLIN, SEPTEMBER 27.
The Representative Peers for the existing vacancies will be Lords Carbery and Gort.
The Hon. Mr. Blaney is, we understand, to be a Candidate for the County of Monaghan, on the next vacancy in the Representation.
Mr. Boyd has resigned his situation as an Irish commissioner, and has solicited leave to resume his duties as a Surveyor-General in England.
Mr. Trench, the late Secretary, is appointed a Commissioner in the place of Mr. Boyd; and Mr. Maclean, the second Secretary, is now the first and we believe the only one hereafter.
A Registry for Freeholders of the County of Dublin will be held at Lusk, on Monday- and at Kilmainham, on Wednesday.
On Thursday night the Church of Irishtown was robbed by some wicked persons, who broke open the Vestry-room.
A monster named Hanley, was committed at the Sessions yesterday, for attempting to cut and maim his own father. He had uttered horrid imprecations against him when in a state of intoxication, and threatened to cut his heart out! The poor old man appeared much affected, when he understood that he could not avoid prosecuting his son.
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