The assizes for this county terminated here yesterday even-
ing, without a capital conviction, although the general feeling
was, that Thomas Galligan, charged with the homicide of Jas.
M'Caffry, at a Ribbon dance held in the townland of The
Derries, on the 17th of October last, would have been found
guilty of murder! The jury, however, took a more merciful
view of his case, and brought in a verdict of manslaughter, to
the disappointment of those who were anxiously looking for
vengeance on the unfortunate criminal, who would in all
probability have lost his own life on the night in question, had
it not been for the part he acted.
Amongst the witnesses
produced on behalf of the prisoner was the Rev. Thomas Brady,
the Roman Catholic clergyman of Kilmore, who gave testimony
of his peaceable demeanor and good conduct; and to that
gentleman's credit, (and we hpe the example may be followed,)
he frankly told Baron Pennefather, the judge who tried the case,
and by whom he was justly complimented, that he did not
think it right to leave the witness-box without stating "that he
had reason to know that Galligan had at one period belonged to
the Ribbon Society, but that he had given it up about two years
ago, in consequence of witness having refused him the rights
of his Church, and since when he became very obnoxious to
the members of that society, and that it was his opinion the
dance at which M'Caffry lost is life was got up for the
purpose of creating a quarrel, in which, as it too frequently
happens, the fomenter became the victim."
Chief Justice Doherty presided in the Civil Court, in which
he was engaged the greater part of three days hearing civil
bill appeals ; and it would be doing him injustice if we did not
observe the calm, patient, and attentive consideration he gave
to each of the cases upwards of ninety in number which was
the public theme of conversation ; and as a poor man, (who
was defeated in one of the cases,) was heard to express himself,
on leaving the court-house, "God bless his lordship, he has
given me a fair trial." Indeed, nothing could exceed his kind
and bland manner with the solicitors, who he more than once
complimented for the very efficient manner in which they con-
ducted their clients' cases.
The Grand Jury has appointed the Rev. HUGH MURPHY to
be Roman Catholic Chaplain to Armagh gaol.
THOMAS BAILEY, Esq., has been presented with a very af-
fectionate address by the inhabitants of Newtownbutler and
neighbourhood, on his recent appointment.
On the recommendation of Lord ROSSMORE, his Excellency
the Lord Lieutenant has been pleased to approve of EDWARD
W. BOND, Esq., being appointed a Deputy Lieutenant for the
County of Monaghan, in the room of Colonel JOHN MADDEN,
MANSLAUGHTER OF JOHN GLEN
Mary M'Cappin, for the manslaughter of John Glen, on the
31st August last, in the parish of St. Andrews.
Margaret Glen, examined by Sir T. Staples said: I live at a
place six miles beyond Portaferry. I had a child of the name
of John Glen. He is dead. He died in the month of August
last. I know Mary M'Cappin's house. I was going there for
some change she owed me. I met her on the road, and we had
some altercation. When we got near my own house, she laid
down a can of mile which she had in her hand, and struck the
child twice. On the second blow having been given, the child
fell out of my arms on the road, on his head and shoulders. I
stooped to life the child, and she struck me on the back of my
neck. When I lifted the child, he was bleeding at the mouth
and nose. The child was in perfect good health before this. He
was two years and two months old. She struck the child twice
before she struck me. I lifted the child and took him to my
mother, and then to Colonel Ward. I got a line from him to
Dr. Murland, who attended the child. The child lived about
four weeks after. Dr. Murland is in Scotland. There was an
inquest held on the child, and Surgeon Chermside was on it.
Cross-examined by Mr. Andrews--The prisoner is a cousin
of mine. We were on very good terms before this, and I have
frequently dined at her house. On the day this affair occurred,
we were very angry, and used bad words to each other. I
struck her after she struck me. I bit her, but it was when she
was hanging me. I did not lay down the child myself. After
I had the child up, I kicked over her can of milk. The child
was not running about after this occurred. He was scalded
some time before, and was attended by Dr. Rankin. It was four
weeks before he was quite well.
Doctor Chermside examined the body of the child after death.
The body appeared emaciated. Opened the head, and found
a slight extravasation of blood, on the left hemisphere of
his brain. That was sufficient to cause his death. A fall or
a blow would cause the extravasation. Did not observe any ex-
Cross-examined by Mr. Andrews, but there was nothing ma-
His Lordship addressed the Jury, and told them, that, in
his opinion, there was not sufficient evidence to shew that the
violence inflicted by the prisoner on the child had been the
cause of his death.
The Jury, after a few minutes' consultation, handed in a
verdict of acquittal.
GROCERS AND SPIRIT RETAILERS
We understand that the
grocers and spirit retailers of Dublin, are about to appeal to
the House of Lords, from judgement lately given in the Queen's
Bench, in the Excise case of M'Kenna v. Pape, and that they
have the most eminent legal assurance of success. It is a mat-
ter affecting upwards of 10,000 traders in Ireland, and the Dub-
lin men now call on their fellow-traders throughout the kingdom,
to assist them in bearing a portion of the expenses, when all
must share alike in the benefits of success. The appeal should
not be made to them in vain, when it is recollected the many sa-
crifices the Dublin people have made in this struggle for the
last seven years; and now is the time to make an effective effort
or give up the case for ever.
WM. PATON, Esq., Seneschal of
this city, has received a letter from Colonel RAWDON, respecting
the memorial forwarded the Postmaster-General, for the
closing [of] the Armagh Post-office on Sundays. The letter to
which we allude gives every hope that the wishes of the inhabitants
will be immediately complied with. The case of Belfast,
however, of which mention is made, bears no reference whatever
to Armagh; for whilst in the former place the office is closed all
Sunday, the prayer of our memorial is merely that the office be
closed after the delivery, which cannot affect the trade or
inhabitants, who are unanimous on the subject; and we hope Lord
LONSDALE will not deny so small a favour, to so worthy an
officer as our post-master.
To the Editor of the Armagh Guardian.
SIR, Dr. Robinson observed D'Arrest's Comet, at Parsons-
town, on the 26th ult., with one of the Earl of Ross's telescopes.
From the position he gave, I found it on the 5th instant. Its
place was, at 11h. 7m. 37s., mean time.
Right ascension, 9h. 26 m. 39s.
Declination North, 7° 0' 52".
It was tolerably distinct in our great reflector; but the least
quantity of light sufficient to illumine the micrometer wires, made
it very difficult to observe.
N. M'N. EDMONDSON.
Armagh, March 7th, 1845
His Excellency the Lord
Lieutenant has appointed James Ward, jun., Esq., Strawberry
Hill, Registrar of Marriages for the district of Lisburn, under the
late act of parliament. We have no doubt that the appointment
of our young friend will give general satisfaction. Mr. Ward
will be found an efficient officer; and the selection of so
amiable a Registrar does credit to the discrimination of the Ex-
ecutive Government.--Newry Telegraph.
ENNISKILLEN AND SLIGO RAILWAY
ENNISKILLEN AND SLIGO RAILWAY.
CAPITAL--£600,000 IN 12,000 Shares of £50 each,
DEPOSIT--£2 10s. per Share.
No Person Liable beyond the amount of their Shares.
The Hon. Edward Wingfield, Moyview, Ballina, and
Cork Abbey, Bray.
John Wynne, Esq., Hazlewood, Sligo.
Dep. Lieuts. of the Co. Leitrim ?
William Irwin, Esq., Kilbracken, Carrigallan,
Pierce Simpson, Esq., Clooncorrick Castle,
Directors of the Dublin and Drogheda, Dublin and
Belfast Junction, and Dundalk and Enniskillen
Richard Wright, Esq., 2, Pembroke-place, Dublin.
George Hoyte, Esq., Edenmore, Raheny.
Thomas Mooney, Esq., Kilmacud-house, Dublin.
William Henry, Esq., Mountjoy-sq., Dublin
Thomas M. Gresham, Esq., Raheny-Park.
Directors of the Dundalk and Enniskillen Railway.
William Kilpatrick, Esq., Dundalk.
John Straton, Esq., Dundalk.
Peter Russell, Esq., Dundalk,
John Hamilton Peyton, Esq., J.P., Port, Carrick-on-Shannon
Francis Waldron, Esq., J.P., Drumsna.
George Beatty West, Esq., J.P., Drumdarkin, Mohill.
Lewis Algeo, Esq., J.P., Glenboy
Charles R. Peyton, Esq., Castle Carrow, Carrick-on-Shan.
Wm. J. Peyton, Esq., Summerhill, Carrick-on-Shannon.
George Digby, Esq., J.P., Drumdaff, Roscommon, and 27,
Upper Rutland-street, Dublin.
Ormsby Jones, Esq., J.P., Stredda, Sligo.
Thomas Wm. Lloyd, Esq., Ballycullen, county Sligo, and
Rathgar, county Dublin.
Captain Bowen, R.N., Laurencetown-house, Banbridge.
Thomas Murray, Esq., Edenderry.
Bernard Peyton, Esq., Caldra, Carrick-on-Shannon.
Robert Smith, Esq., Clantilew, Portadown.
John Overend, Esq., Portadown.
With power to add to their number.
Sir John Macneill, LL.D., F.R.S., M.R.I.A.
James M'Fadden, 115, Stephen's-green, Dublin.
Thomas Mostyn, The Mall, Sligo.
BANKERS IN ENGLAND.
Messrs. Barnett, Hoare, and Co.
BANKERS IN IRELAND.
The Bank of Ireland, and its Branches.
The Provincial Bank of Ireland,
The National Bank of Ireland,
and their Branches.
The Royal Bank of Ireland.
Percy Simpson, Esq., 115, Stephen's-green.
Application for Shares to be made, by letter (pre-paid,) to
Messrs. Sutton, Gribble and Co., Brokers, Royal Exchange,
London; Mr. Robert Corbett, Stock-broker, 5, College-green,
Dublin, or to any other of the Dublin Brokers; Mr. Theobald
Bushell, Stock and Share Broker, North-street, Belfast; Mr,
Andrew Moffet, Stock and Share Broker, 21, George's-street,
Edinburgh ; or to the Solicitors or Secretary.
BRICKS FOR SALE
A LARGE quantity of bricks of prime quality, to be sold under reasonable terms; any person engaged in Building will find it their interest to give a call with the Subscriber, at his Residence in TULLYGALLY, one mile from LURGAN, on the Road leading to PORTADOWN.
On the 5th inst., in this City, the lady of Alexander Lane,
Esq., M.D., R.N., of a daughter.
At Richhill, by the Rev. Mr. Hogan, Mr. Wm. Donaldson,
to Mary Jane, daughter of Constable Holland, both of Rich-
In same place, by the Rev. Mr. Hogan, Thomas Cully, Esq.,
to Jane, daughter of Mr. George Rowan.
On the 4th inst., in St. George's Church, Dublin, by the Rev.
Gibson Black, the Rev. Joseph Druit, incumbent of Clope,
County Meath, only son of the late Rev. Joseph Druit, Vicar of
Denn, County Cavan, to Jane Anne, eldest daughter of Charles
Thorp, Esq., of Nelson-street, Dublin.
On the 25th ult., at his residence, Warrington, England, in
the prime of life, James Clarke Reid, Esq., merchant, formerly
of the county Armagh.
On Sunday the 2nd inst., aged 13 months, Margaret, youngest
daughter of Francis Carvill, Esq., Newry.
The Court opened this morning at nine o'clock, when the
following persons were sworn as a
PETTY JURY: Messrs. Robert M'Cleery, James Jeffrey,
Richard Clarke, John Duncan, Thomas Cleland, William
Farrell, Moses Cleland, Robt. M'Cammon, Andrew Oswald,
Robt. Boyd, John Bailie, and William Cleland.
John Kinney, for the manslaughter of Bernard M'Fadden, at
Kilkeel, on the 27th November last.
Richard Mooney examined by Mr. Hanna, Q.C.--I recollect
the 27th of November last. I saw John Kinney and Bernard
M'Fadden in Kilkeel on that evening. They are brothers-in-
law. I am not related to either of them. I saw Kinny first
betwixt and bed time. I spoke to him when I came up to him.
He was standing stripped on the road then. I did not hear him
say any thing then, nor did I see anything in his hand. His sis-
ter who was with him begged me to help her home with him. I
did so, and while we were on our way, I saw a crowd with
M'Fadden, and I heard a woman's voice say, "drop the knife
or you'll kill the man." I did not see any knife with Kinney.--
When we came up to the crowd, Kinney broke away from me,
and gave M'Fadden the clout which knocked him down. That
was all I saw of the matter, as I went into my own house then.
Elizabeth M'Fadden examined by Sir T. Staples--I live in
Kilkeel. I am the widow of the late Bernard M'Fadden. I
remember being in Robert Crutchleyís house, on the evening of
the 27th November. We left it about nine o'clock. When we
got to our own house, Kinney came there with a razor, and
showed it my husband, saying, at the same time, that he had
bought it for sixpence. I advised him to put the razor up and go
home. He called me bad names, and swore he would have a life
before he would sleep. I went to put the prisoner our of the
house and he fell in the scuffle, and I fell over him. We put him
out, and a boy named Reynolds took him home. Reynolds came
to our house again, and said there was murder to be committed.
I though Kinney had murdered his wife, and I went up to his
house; and having called and got no answer, I heard his wife
shouting that my husband was a murdering. My husband
was then carried into the house. He was wounded about the
head, and was bleeding. The breath was in him, and no more.
He died shortly after. I did not see my husband touch the
Thomas Reynolds examined by Mr. Hanna--I was in
M'Fadden's house on the evening he lost his life. I remember
Kinney coming there; he had a razor, for which he said he had
paid 6d. The deceased told him to go home. Some quarrel
ensued between the prisoner and Mrs. M'Fadden. They were
in holds, and I released his hand from her neck. He was then
put out, or went out. I assisted him home, as he was a little
tipsy. I saw him making ready, in his own house, to come out
to box. He stripped off his coat and waistcoat, and got a
string to tie up his trousers with, and then called for a knife to
cut the string. He sharpened the knife on the wall, and then got
something like a bottle, and called on him and his wife. I went
in, and begged of him to stay in the house, but he would not.
There was a crowd of people assembled. M'Fadden went out,
and I heard the blow given that killed him. I went forward,
and heard him give a hiccup, and breathe twice.
Cross-examined by the prisoner--I saw the deceased man's
wife lift the tongs, but I did not see her strike you. She lifted
them, and dropped them again, as if they were hot. I would
suppose that her intention was to strike you.
Dr. M'Ilwaine, examined by Sir T. Staples--I saw the de-
ceased man on the 27th of December. In about four or five
minutes after I saw him, he died. On a post-morten examina-
tion of the body, the next day, we found a most extensive
fracture of the skull. The wound was inflicted with a blunt
instrument. That wound caused his death.
Ann Lynch, examined by the prisoner--Said, that, on the
night in question, she heard a noise in M'Fadden's and saw
the deceased, his wife and daughter, engaged with the
prisoner. She could not tell whether the deceased was beating
the prisoner or not, but the man was severely beaten. She went
down and told his wife, and shortly after she saw the deceased
carried home between two men.
Henry Doyle, examined by the prisoner--Deposed that he
saw the wife of the deceased throw a stool at the prisoner. The
stool struck him (Doyle), and witness told her she should be
cautious in throwing things of that kind, as she did not know
whom she might hit. She said she intended to hit Kinney
with it, and not him. Her husband then came and took her
Charles Herron was examined by prisoner, but there was
nothing material in his evidence.
His Lordship having delivered his charge, the jury, without
retiring, returned a verdict of guilty. To be imprisoned for
eighteen months, and kept at hard labour each alternate month,
pay a fine of £5 to the Queen, and give security, himself in £50,
and two sureties in £25 each, to keep the peace towards all her
His Lordship having summoned the Grand Jury before him,
directed their attention to the fact, that, in case of the homi-
cide of M'Fadden, at Kilkeel, no fewer than twenty-one wit-
nesses had been summoned,--twelve by the Coroner, and nine
by a Magistrate. He dwelt at some length on the heavy ex-
pense which was, in consequence entailed on the County, and
requested, that, as the Coroner was their own officer, they
would inquire minutely as to whether there was any necessity
for so large a number of witnesses to be summoned.
The Grand Jury, in pursuance of his Lordship's direction,
sent for the Coronoer.
It is with very painful feelings that I
inform you of a most shocking murder perpetrated at Lisnagole,
near Brookeborough, in Fermanagh, on Thursday last, by an
old man named SMYTH, aged upwards of 80 years. The vic-
time of his savage revenge was his wife, an old woman also,
whom he chapped on the neck with a hatchet until life was ex-
tinct. An inquest was held by HUGH COLLINS, Esq., when the
unfortunate man was fully indicted, and committed to gaol to
abide his trial at the next assizes.
ATTEMPT TO MURDER
On Friday last, at Callowhill, in
Fermanagh, a dispute arose between two men of the names of
HUMPHRIES and TUGMAN, about a run-a-way match, when the
former struck his opponent with a pitchfork, wounding him
dreadfully in the face. There are but slight hopes of his reco-
very entertained. HUMPHRIES has fled, but the police are
using every effort to detect him.
THE MOLLY MAGUIRES AGAIN
.--"Molly's men" visited
the neighbourhood of Callowhill on Monday night last, and en-
tered the house of a man named LEONARD, and took therefrom
a gun, pistol, and bayonet. They told him that they would not
permit him to reside in the house he was at present living longer
than the 1st of April.
Lord Chief Justice DOHERTY arrived in town to-day, and im
mediately after proceeded to Court, when the following Grand
Jury was re-sworn: Sir A. B. Brooke, Bart., M.P., foreman;
Hon. H. A. Cole, M.P.; Edward Archdall, William D'Arcy,
John G. V. Porter, John Brien, F. W. Barton, Henry M.
Richardson, Alexander Nixon, Richard Hall, Hugh W. Barton,
William B. MíClintock, Hamilton Irvine, Joseph Richardson,
Simon Armstrong, Robert Graham, Capel St. George, Robert
S. Dickson, Paul Dane, Robert Archdall, John Crozier, John
Hare, and Henry Gresson, Esqrs.
The Crown business, which was very light, terminated early
Baron PENNEFATHER presided in the Record Court, but there
was nothing of general interest.
QUEEN'S BENCH CHAMBERS
(Before the Hon. Mr. Justice Burton.)
The Commissioners of Education a. Harbey and others.
Dr. Radcliffe, Q.C., moved his lordship, upon behalf of the
lessor, of the plaintiff, that a special jury should be struck to
try this case, and that the defendants should confine their de-
fences to that portion of the lands in question in their possession.
The ejectment was brought for the recovery of the lands of
Townawilly, in the county of Donegal, containing 1500 acres
of arable land, and 5000 acres of mountainous land, and the ap-
plication now made was made before Mr. Justice Perrin, upon
a former day; but his lordship being a Commissioner of Educa-
tion--in fact a co-plaintiff--he did not like to make any order,
merely confining himself to giving the defendants a lecture upon
their conduct (laughter.)
Counsel opposed the motion for the defendants, and said it
appeared from the affidavit of the agent for the plaintiffs that
the tenants were tenants in severalty, whereas, in fact, they
were tenants in commonalty; and upon these grounds he sub-
mitted that the motion ought to be refused. There had been
considerable harshness exercised towards the defendants, and
it was Judge Perrinís opinion and directions that they should be
dealt with kindly; and for this purpose letters had been sent to
the country, with a hope to have some amicable arrangement
made, to prevent the irritation and bad feeling which otherwise
must exist, and for that end also he thought that the case
should be tried at the Summer Assizes.
Dr. Radcliffe, in reply, stated that the commissioners had
been put at defiance, and having offered to give those parties
leases, they refused to take them; so much so that the agent
could not go upon the lands, and it was consequently rendered
necessary to have an application made to substitute service; and
even in doing so, the names of the substitutes could not be
ascertained, because any one who attempted to go upon the
lands was violently attacked and beaten by armed men; and if
it was for nothing but this gross violation of the law, the com-
missioners were determined to proceed against them.
Judge Burton If they are tenants in common, the objection
to the motion would be good. Is there an affidavit to sustain
the assertion ? for if not I cannot listen to it.
The agent for the defendant said that he personally knew the
fact, but did not wish to make an affidavit, being the solicitor
in the cause.
Judge Burton--Then I make the order required.
Judge Torrens took his seat in the crown court at ten o'clock,
when the grand jury with the exception of John W. Maxwell,
Esq., who was absent from illness, were re-sworn before H.
Montgomery, Esq., High Sheriff. His lordship, amongst other
matters, remarked that there was a habit in some counties of
the county surveyor giving qualified certificates for the payment
of the roadmakers, where a portion only of the contract is com
pleted. This is quite illegal and should not be persevered, and
presentments of this kind should be thrown out. I have also to
remark that since the abolition of the Foundling Hospital a very
large charge is made upon counties for foundling children, and
care should be taken that receipts in full be given for the allow
ance for the children up to a particular period, and that pros
pective presentments be not made. I observe also several pre
sentments for malicious burnings, and I expected that such atro
cities would be rare in such a peaceful county as this generally
is. However, I find that many of the cases have been acciden
tal and not malicious. I need scarcely remark to gentlemen of
your station and experience that you are bound to use every ex
ertion in your power to suppress and put an end to these occur
rences; and if your efforts prove ineffectual an application
should be made to government for an additional police force.
With respect to the criminal business, I observe a much larger
number of cases on the calendar than I had before me here on
former occasions. There are three cases of homicide, two of
which I hope will prove to be manslaughter of a mitigated cha
racter. In the other there are two men for trial, and there was
a third person, whom I believe was the most guilty, though he
is not in custody. This case I think amounts to murder, and
you should be very careful in your investigation of it. I am glad
that there do not appear any cases of political offences.
The Grand Jury then retired; and his Lordship was occu
pied up till half-past twelve o'clock in fiating the presentments.
PETTY JURY: Messrs James Jeffrey, James Baird, Robert
Boyd, Richard Clarke, John Duncan, John Osborne, Alexander
Cloghan, Thomas Cleland, James Brown, Robert Berry,
William Farrell, and Moses Cleland.
Andrew M'Cann, for stealing a piece of woollen cloth from
the shop of John Scott, at Banbridge, on the 27th of January.
Pleaded guilty. Three months imprisonment.
Mary Ann Spence, and Elizabeth Jane Martin, for assaulting
Jane Gracey, on the 14th of January at Banbridge. Mary Ann
Spence guilty. Four months' imprisonment since committal.
Eliza Jane Martin acquitted.
David Wilson, for stealing a purse, containing thirty shillings
from the shop of Joseph Orr, of Greyabbey. Guilty. To be
transported for seven years.
Isaac Courtney, for stealing a black stuff gown, and a coat
in December last, the property of John Murdock, pawnbroker,
Newry. Not guilty.
John Callaghan, alias Isaac Devlin, for stealing a silver watch
and seal, on the 5th of April, 1844, the property of William
M'Knight, of Newry. Guilty.
Alexander Rea, for obtaining from Robert Patterson of
Kilmood, on 23d January, by means of false pretences, a
bullock and two sheep, the property of Robert Patterson and
another. Pleaded guilty.
Alexander Cairns, for stealing seven sheaves of oats, on the
25th of February, the property of James Davison, of
William Curlett, for stealing fourteen hens, on the 27th of
February, the property of Thomas Christian, of Ballygilbert.
James Cadlely, for stealing a horse-slip, on the 6th of Feb. at
Camlough, the property of Henry Thompson. Guilty.
Margaret M'Clean, for stealing a silver watch and seal, a
diamond for cutting glass, and 14s or 15s in silver, on the 20th
January last, at Downpatrick, the property of William Nesbitt.
Rose Jervis, for stealing about three yards of black Cobourg
cloth, on the 3d of February, the property of Jane Herron,
Susana Nelson and Margaret Robinson, for feloniously tak
ing from the person of Hugh M'Kevitt, at Newry, two bank
post bills, each value for £30; and two bank receipts for lodg-
ments of £200 on the 20th February. Margaret Robinson not
guilty. Susanna Nelson guilty.
William Adair and William Cree, for stealing eight slates,
value sixpence, on the 20th of January, at Ballyleidy, the pro-
perty of the trustees of the estates of Baron Dufferin and
Claneboy, a minor.
William M'Donnell, examined by Mr. Ross--I recollect the
morning of the 20th of January last. I was watching over
Lord Dufferin's property on that morning. I saw two men
carrying away slates about two o'clock in the morning. I made
a prisoner of one of them. His name is William Adair. When
I chased him up the hill, I saw him drop something which I
found to be slates. They were about ten inches broad and twenty
long. He had a small ladder with him, and a rope attached to
the end of it. He took the slates from a haggard. The other
persons ran away. Adair ran into a planting, and I followed
him and took a hold of the ladder. He struck me with it, and
told me to be gone. I said I would shoot him if he would not
become my prisoner. I took him, and he asked me to allow
him to go home and put on his coat, but I would not let him.
When he came to the slates, he wanted to bring them with him,
but I refused to allow him. I marched him to the Steward,
Cross-examined by Mr. O'Hagan--I often saw Adair before
that night. He lives about a quarter of a mile from Lord
Dufferin's demesne wall. I was about eight or ten yards from
him when he let the slates drop. He was running at the time,
and in twenty-six paces I came up to him. The prisoner had a
cow grazing in Lord Dufferin's park. Adair said to me, one
time, that his cow had been milked, but told me he never
blamed me for it. I have heard that Adair has two farms, one
in each side of the demesne. Lord Dufferin is Adair's landlord.
There is no allowance for any farmer to take a short cut
through the park from one road to the other, for the gates are
To Mr. Joy There was a cord attached to the ladder, and
an iron hook at the end of the cord.
William Scott, Constable of police, stated, that the elder pri-
soner was given into his custody, on the 20th January, and that
he found a barn key and a skeleton key on his person. I took
the other prisoner into custody about two hours after. [Pro-
duced the barn and skeleton keys.] In the cross-examination
there was nothing elicited.
John Henry Howe, examined by Mr. Joy--I saw the slates
mentioned by last witness. They were of the same description
as those that were lying Lord Dufferin's haggard. The pri-
soner admitted to me that he had taken the slates, for the pur-
pose of roofing a pig-house.
Cross-examined by Mr. O'Hagan, but nothing of any impor-
tance was elicited.
Mr. O'Hagan made a few observations for the defence ; after
His Lordship summed up the evidence. The jury acquitted
Cree, and found Adair guilty.
James Green, for obtaining goods from Thomas Hunter, of
Ardglass, under false pretences. Found guilty.
John Rafferty, for stealing a mare, a saddle and bridle, a
horse sheet and roller, from the stable of W. E. Brabazon,
Esq., and a pair of stirrup-irons, the property of John Reilly,
on the 25th of July. Guilty. To be transported for ten
Elizabeth Waring, for wilful and corrupt perjury before
Theophilus Jones, Esq., Assistant-Barrister, at the October
Sessions of Newry, at the trial of Jane Burns and Alice
Cunningham. Guilty. To be transported for seven years.
The prisoner said, on leaving the dock, in a Southern
"Well, I am very glad I am transported, and you could do
William Mawhinney and Samuel Mawhinney, for an assault
on James Thompson, were admitted to bail, to stand their
trial at the Quarter Sessions.
Mary Kennedy, charged with drowning her bastard child,
was discharged by proclamation.
John Mannon and John Hart, for feloniously entering the
house of George Blackham, of Newry, on the 22d of February,
and stealing therefrom two silver watches. Guilty. Each to
be transported for seven years.
Lucinda Murphy, for stealing two hens, and several other
articles, on the 26th of February, the goods of John and Mary
Barlow, of Ballybannon. Pleaded guilty.
James Glen, for attempting to break into the house of Mary
Gault, on the 2d of February; also, for an assault on Moses
Whiteside. Guilty of the attempt at burglary.
ULSTER RAILWAY EXTENSION
The bill for the extension
of this Railway from Portadown to this city, went before the
Committee of Standing Orders, on Monday se'nnight, and was
ordered to be reported to the House as having complied with the
requisite forms. This extension will be eleven miles and sixty-
six yards in length making, with the present line to Portadown,
a total of thirty-six miles, sixty-six yards. The work is to be
done by the Ulster Railway Company; the estimate for
construction is £133,035, neither tunnel or viaduct on the line.--
The Engineer is Mr. GODWIN.
COUNTY OF DOWN RAILWAY
A preliminary meeting
was held on Tuesday, in the County Court-house, Downpatrick,
upon the subject of opening up the County of Down by a Rail-
way, to commence at Newry and end at Belfast. The Chair
was taken by the Marquis of Downshire, who said that he was
much pleased with an opportunity of meeting with some of the
gentlemen of the County, and that he was now ready to hear
any gentleman for the purpose of explaining the matter connected
with opening up the County by a proper Railway
communication. After some discussion, a resolution was
proposed by the Rev. W. B. Forde, of Seaforde, and seconded by
Major Beauclerk, to the effect that it would be advisable to open
up the County by a Railway extending from Downpatrick to
Belfast. Matthew Forde, Esq., of Seaforde, proposed as an
amendment--That it was desirable to open up the whole of the
County from Newry to Belfast, by Downpatrick. Subsequently
this amendment was withdrawn. Mr. Fraser, County Surveyor,
entered into a long explanatory statement of the line proposed
by him.--Belfast News Letter.
(Before Baron Lefroy and a Special Jury.)
ACTION FOR LIBEL.
Malcolmson (brothers) v. the Proprietors of the Warder and
Mr. Harris opened the pleadings. This was an action for
libel instituted by the Messrs. Malcolmson, of Portlaw, county
of Waterford, cotton manufacturers, against the defendants.
The declaration contained twelve counts. The damages were
laid at £2,000. The defendants put in please to the effect that
the article was published without "actual malice" or "gross
negligence," and that an apology had appeared on the 28th of
Mr. Hatchell, Q.C., stated the case, and read the alleged
libels, which were censures of the truck system, directed against
a factory in the county of Waterford, but without mentioning
the proprietorsí name.
The Rev. John Thomas Medicott swore that the moment
he read the article he knew it applied to the plaintiffs' factory.
Mr. Whiteside ably addressed the jury on the part of the de-
After a short conference they returned a verdict of £500
damages, and 6d costs.