Billeder på siden
PDF
ePub

foul a charge. If you are not fully satisfied of his guilt, you will acquit him by your verdict. The same observation applies to the daughters; but if you think they were all privy to the conspiracy, you will find your verdict accordingly.

The jury, after a few minutes consultation, found all the defendants Guilty.

Mr. Baron Graham immediately proceeded to pronounce sentence on the defendants. He observed, that during the whole of his judicial life he never felt more pain than in the performance of his duty on the present occasion. It was impossible to imagine a case more melancholy than that which was now before him: a clergyman of the Church of England, a character which stood so high in this country, convicted on the clearest and most satisfactory evidence, of of the most abominable and atrocious conspiracy-a crime which became still more dreadful from his having induced his two unfortunate daughters to follow him in his career, and to bear a part in his foul load of infamy. He confessed he knew not how to do justice. Compassion for the infirmities of human nature might induce him to alleviate the severity of punishment; but in this case all compassion was swallowed up in the contemplation of the scene before hi-a seene which presented to his view a man, who, in spite of the benefits of education, and the dictates of religion, had sunk to the last degree of human crime.

The sentence of the court was, that the Rev. Robert Woodward should be imprisoned in the common gaol of the county of Bedford

for two years; and that his daughters, Sarah and Susannah, should each be imprisoned one year in the same gaol.

The defendants seemed deeply affected with their situation. Mr. Woodward is a man about 50 years of age.

His eldest daughter, Sarah, has nothing prepossessing, in her manners or person, and is about 25. The youngest, Susannah, is rather a pretty girl, of fair complexion. Their fate has excited but very little commiseration in the county.

COUNTY MEATH ASSIZES.

Trial of Roger O'Connor, Esq. Second Day, Tuesday, Aug. 5. A FEW minutes after nine o'clock this morning, Mr. Justice Daly resumed his seat on the bench, and the trial of Mr. O'Connor was immediately proceeded in.

When the officers of the court had taken their places at the table, Benjamin Rikey, Esq. the Deputy Clerk of the Crown, inquired, as is usual in cases where more than one prisoner is arraigned for the same offence, whether he (O'Connor) would join with his alleged coadjutor in the felony, in the challenges? He answered, that he would not.

It was then intimated to him by Mr. Rikey, that he would be tried separately from Martin M'Keon, who had just arrived in the custody of the under gaoler, and taken his station in the dock. Notwithstanding this intination, the trial of M'Keon was subsequently proceeded in.

Some desultory conversation here ensued, between the counsel for the prosecution and Mr. Ben

nett,

nett, one of Mr. O'Connor's counsel, in reference to the panel, and to the manner of the challenges; and after the usual formalities, the names of the panel, which were very numerous, were called over, on a fine of fifty pounds.

A considerable portion of time was consumed in recalling the panel, and owing to the many challenges made on behalf of the crown and prisoners. Notwithstanding the number that appeared to their names, the panel became exhausted, and it was now found necessary in order to complete the jury (four of the number of which were yet deficient) to select from those challenged, previously to the following gentlemen, who tried the issue, being

[blocks in formation]

Henry Owens, Esq.
William Henry, Esq.
Christopher Carleton, Esq.
John Ross, Esq.
Frederick Dyas, Esq.
Robert Sterne Tighe, Esq.
Thomas E. Barnes, Esq.
John Otway Cuffe, Esq. and
James Somerville, Esq.

The four gentlemen last mentioned were those who had been objected to by the crown, but were called and sworn after the panel was exhausted.

The jury having been sworn, the prisoners were formally given them in charge.

It was suggested by Mr. O'Connor's counsel, that lists of the several witnesses to be examined on either side should be handed in to the judge, in order that they might be commanded to with

draw, until respectively called upon to give evidence. In this arrangement the court and counsel for the prosecution readily acquiesced, and they, the witnesses, were ordered to retire accordingly.

The indictment having been read, Mr. Sergeant Jebb, as leading counsel for the prosecution, stated the case against the prisoners. The learned counsel confined himself to a simple relation of the facts which grounded the alleged charges of felony, and adverted in brief terms to the evidence and circumstances upon which he was instructed those charges would be sustained. In reference to Mr. O'Connor, personally, he regretted, as much as any individual even amongst the friends of that unfortunate Gentleman, the unhappy situation in which he was placed; and sympathizing, as he did, in common with those around him, in its painfulness, he declared he should feel the most sincere gratification in his acquittal.

Mr. Bartholomew St. Leger, of Dublin, coal-factor, was the first witness called. He was the person from whom the watch and keys, for which the prisoners were arraigned, were stolen, and he merely proved that the mail was robbed on the 2d of October, 1812, at Cappagh-hill; that he was a passenger; and that these articles were taken from him.

The next witnesses were John Pollock, and Arthur Hill Cornwallis Pollock, Esqrs. Clerk of the Crown for the province of Leinster, who proved the record of the conviction of Richard Waring (brother to one of the approvers) for the mail robbery in question.

Michael

Michael Owens, the chief informer, was the next witness. He commenced by stating that he knew Mr. O'Connor, and was in his employment as labourer; recollected the robbery of the mail on the day laid in the indictment; was one of the party who robbed; that previous to the robbery M'Keon called upon him, and stated that Mr. O'Connor wanted to see him; that on his going to Dangan, Mr. O'Connor asked him whether he would join in robbing the Galway mail; the witness replied he would, but had not arms enough; that Mr. O'Connor said that he would provide arms; that witness said he wanted men also, having only four or five at command; that Mr. O'Connor mentioned that Heavy and Savage, two persons who had escaped from Trim gaol, and were then in the wood of Dangan, would join; that after considerable consultation with Mr. O'Connor, it was finally agreed that the following should be the persons employed the two Warings [Richard and Daniel], the two Owenses [Michael and John], Cahir and Shaw, Heavy and Savage, and the prisoner M'Keon. That it was settled that all these should assemble at Dangan on the evening of the robbery; that they all did meet, with the exception of Daniel Waring (the other approver); that M'Keon was the person who opened the gate for them. After a consultation Mr. O'Connor brought witness down to the stable-yard, and delivered the necessary arms, together with 18 rounds of ball-cartridge, and a paper of gunpowder. Witness proceeded to state, that all the party, thus provided, with the

exception of M'Keon, repaired towards Cappagh-hill; Daniel Warren met them on the way. When they had arrived near their destination, witness dispatched all the party but Shaw to the turnpike-gate to tie it up, and to take away any arms that might be in the turnpike-house. The gate was secured, but before the house could be ransacked the coach approached. It was challenged to stop, on which the passengers called out to the guard to fire, and all the party but witness and Shaw retired. The latter fired upon the guard and killed him. He then mounted to the seat of the deceased, "threw him over," and took away the bags. All this time the witness stood at the head of the horses. The party that retreated soon came up, and proceeded to drag out the passengers and rifle their pockets. There was only one passenger respected, and he was a priest. Having accomplished their purpose, they all returned to Dangan. Mr. O'Connor was the person who received the party. On opening the gate he expressed a hope that they had had good luck. He then called M'Keen, who was his gate-keeper, and all the party proceeded to a private part of the demesne, termed Saints' Island: they there waited until day-light, and then proceeded to ascertain the nature of their booty. O'Connor sat on a ditch, and the remainder of the party on the grass under him. By O'Connor's direction they placed a hat in the centre of the group, and deposited all the money in it. O'Connor next proceeded to divide the booty. Each man's share of the notes taken out of the letters amounted to 450l. Each person's

share

share of the money taken from the passengers amounted to 80l. O'Connor took the same proportion which the others got; but he compelled Heavy and Savage to pay him 100l. each for the protection he had afforded them when they had broken out of Trim gaol: the arms they brought back to Dangan, O'Connor saying they would answer for the attack on the Enniskillen coach, which was then intended, it having been understood that it was conveying money to the army. Witness had been sworn to secrecy by O'Connor on the 1st of January, 1812. The object was, that he should rob for arms, and become a Carder. A part of the oath pledged those who took it "not to pity the moans or groans of Orange-men, but to wade knee deep in their blood." O'Connor stated, that when he should have a sufficient number of Carders embodied, he would surprise the plans of Government. Witness had been tried for the mail-robbery, and murder of the guard, and was acquitted. He then went to the county Cavan, and was arrested and tried there for passing some of the notes which had been taken out of the mail, but was acquitted. He was afterwards taken up for a robbery in the county of Dublin, and was tried, convicted, and sentenced to death in February, 1817. About three weeks after the sentence he gave information. He had been attended by his clergyman, and had made his confession in consequence of the advice he received from him. A Captain Mockler had called on him at Kilmainham, a few days previous to the day appointed for his execution.

The Captain stated the object of the visit to be, to know whether he (the witness) had ever said that he intended to go down to Meath, to try whether he could get a shot at him (Mockler). Witness denied he had ever spoken of or intended any such thing. Mockler said he believed him, though he was told that he had such a purpose in view. Mockler then proceeded to make some remarks, from which witness understood that there would be some hopes of pardon if he made a discovery. Witness thereupon observed, that as for Mr. O'Connor he had always given him the best advice, and that he would not be where he was if he had taken the advice. Witness was asked, whether it was true that O'Connor had given him the advice, and he answered, it was not true. He was then asked by a juror, whether at the time he made that statement to Mockler, his clergyman had not been attending him, and for a considerable time previous, and whether he had not received the sacrament from him; to which he replied, that his clergyman, Dr. Lube, had been attending him nearly three weeks, and that he had administered the sacrament to him different times. The day of execution was drawing near, and Dr. Lube had held out no hopes of his being saved: and that notwithstanding all these circum. stances he told the falsehood to Mr. Mockler, not wishing to implicate Mr O'Connor. The day after the conversation with Mr. Mockler, Dr. Lube had called on him. Witness then told him he had something particular to communicate; that hopes of pardon

had

had been held out to him, if he would give information, and wished to know whether it would be criminal in him to give information against his accomplices. Dr. Lube answered, it would be doing a good act to rid the country of such characters, and advised him to give the information. Witness then wrote to Captain Mockler, who came to him; and he disclosed every thing. Mockler was accompanied by Alderman Darley, who took witness's informations.

On his cross-examination by Mr. Bennet, witness said he knew there were such places as hell and heaven-that he expected to go to heaven. He was at so many robberies that he could not tell the number of them. One of the blunderbusses found at Mr. O'Connor's had been taken out of the house of Richard Warren, and he was present on the occasion. He assisted in taking the other blunderbuss from the house of Garrett Dunn Richardson, in 1812. He was also present at the carding of a man named Walsh. He held Walsh while Waring carded him. The reason of his being carded, was, his having been understood to be a bad man in the parish, and one who would not contribute to the poor. He did not doubt but Walsh was a Catholic. He did not mind what his religion was, though the oath administered by Mr. O'Connor bound him not to mind the moans or groans of Orange-men. He did not know whether himself or Waring (the other approver) was the greater villain. He was robbing since 21; he is now 27, and thought he deserved hanging; it would be better for a man to be hanged than take

a false oath; it would, nevertheless, be better to break the Carders' oath, which he had taken, than keep it. He admitted, he was never employed to work directly by Mr. O'Connor, but was employed by M'Keon, who was Mr. O'Connor's task-man; M'Keon was not present at the dividing of the booty, being employed in keeping the other workmen from the place where the booty was divided. M'Keon had advised him to have nothing to do with mail robberies, as it was a bad business, and would cost him his life. When he first called on Mr. O'Connor he was not bound to secrecy. Mr. O'Connor merely asked him whether he would join in robbing the mail; he was not in the habit of going into Mr. O'C's parlour ; when he met him on the demesne, he generally put his hand to his hat for Mr. O'C.; when he took off his hat, Mr. O'C. would desire him to put it on again. The party proceeded to open the letters, &c. about five in the morning, and had finished at eight; most of the party remained in the demesne of Dangan until evening. Three of the men had been hanged since the robbery. the robbery. They died stout men, and gave no information against Mr. O'Connor, although they were not very stout in running away at the time of the attack on the mail. He believed he was the stoutest man amongst them, but he was not appointed captain of the gang. He had no more command than others. He had taken potatoe-ground from Mr. O'Connor; Mr. O'C. would not allow the potatoes to be removed until they were paid for; was not at home when the refusal

was

« ForrigeFortsæt »