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or innocence of the prisoners on the evidence which should be laid before them Having said thus much, he should proceed to state the case. It was necessary for the peace and well-being of society, that crime should be repressed, and offenders apprehended; and to accomplish this object, it was necessary that reward and encouragement should be given to those persons who risked their personal safety, and frequently even their lives, in the discovery and apprehension of offenders. The law had given rewards to such persons, and still the country owed much to individuals who meritoriously performed such services; but as much merit attached to those who well discharged this duty towards the public, great in proportion was the guilt of those, who, for the sake of obtaining these rewards, should lay traps and throw temptations in the way of others, to induce them to commit crimes. Such was the offence with which he had to charge the prisoners at the bar : and in proving his case he should be obliged to have recourse to evidence, which it would be the duty of the jury to look to with suspicion, and receive with caution. The witnesses might, perhaps, differ in some immaterial facts; but if they should agree in the main points, and after being sifted and cross-examined it should appear that there was no reason to doubt the truth of their testimony, he should submit that, whatever might have been their former associations or modes of living, their evidence was not therefore to be rejected on this occasion. This transaction was

brought to light in consequence of five persons, named Wm. Sanderson, Wm. Ward, Wm. Hurley, Jas. Hurley, and Dennis Hurley, being charged with a burglary in the house of Mrs. M'Donald, at Hoxton; and on that occasion. Vaughan, who was a patrole, Mackay, who had been in the employ of the City Police,anrl Brown, the other defendant (what he had been, he, Mr. G., could not state), brought the prisoners up, and Vaughan deposed as to the facts of the burglary in question. [Here Mr. Gurney read the depositions of Vaughan and the other defendants, and continued.] Had these depositions been all that passed, the magistrate would have completed his duty by committing the prisoners for trial; but the prisoners, on being questioned, said they were taken to the house of Mrs. M‘Donald by a man they met at a public-house, and went in with him, but took nothing. Something here occurred, either a look or a word, he (Mr. G.) could not say what it was, which excited suspicion in the mind of Mr. Nares, the magistrate, who turned to Vaughan, and observed, "Vaughan, you went to the spot at the time the prisoners were committing the burglary in consequence of information you received; gave you that information ?' Vaughan declined to say who gave him the information, observing, that mentioning names might be attended with danger to individuals, and would operate to prevent their receiving information in future. This, and some other circumstances, induced Mr. Nares to commit the prisoners for re-exami

who

re-examination, that he might have time to inquire more minutely into the circumstances of the case. Mr. Gurney then, at considerable length, detailed to the jury all the circumstances, as they came out on the different examinations of the defendants and Mrs. M'Donald. The learned counsel was also proceeding to read the confession of Mackay, when

Bir. Arabin, for the defendants, objected to the reading of this document, and contended that it could not be taken as evidence against Vaughan.

The Chairman observed, that the confession of Mackay certainly must not be taken as evidence against any other than him

self.

Mr. Gurney resumed, and observed, it was only as such that he wished to read it. Mr. Gurney then proceeded to read it, and it was found particularly to relate to the burglary at the house in Gray's-inn-lane. It detailed different conversations between Vaughan, Drake, and Hubbard; in one of which Vaughan undertook to furnish Hubbard with a crow-bar, skeleton keys, and other necessary implements of house-breaking; and in another conversation Vaughan was stated to have said to Drake, "I am told you can do a great deal; can you get two or three men to do a crack" Drake said he could; Vaughan said, "If he did, he "If he did, he should have 51. after they were committed." This testimony might be said to be that of a party concerned. Some other witnesses which he should have to call, it might be said, bore the

same character; but he had another witness to call, a person of the name of Edwards, a police officer also, but one who, it would appear from the testimony of all, even of Vaughan himself, had been admitted into the transaction occasionally, to give it credit, though he had never been in the secret. With this corroborative evidence, he was persuaded the jury would consider the case as complete; and if it should so ap pear to the jury, they would have no other duty to perform but to find the defendants guilty. It was impossible to aggravate the case by calling in the aid of fancy, or by using any terms that our language supplied. It disclosed an attempt to commit murder by making the law and the administration of justice subservient to so horrid a purpose. Nothing could be said in palliation of such an offence-nothing could be pleaded in its favour to reduce our indignation against it. He was sure that no endeavour at mitigation would be made by his learned friend who was counsel for one of the prisoners. He was convinced he would allow the enormity of the guilt, and would draw an argument in favour of his client's innocence from that very enormity. Admitting the blackness of the transaction if proved, his learned friend would attempt to show, that there was no man so devoid of every sentiment of humanity, of every feeling of nature, as to have engaged in it; in short, that the commission of such guilt would infer a monster who did not exist But if, by the evidence which he should lay before the jury, this guilt was established,

established, he should have to regret, that the law had not provided an adequate punishment, and that it was impossible, in the present circumstances, to indict for a higher offence than the charge against the prisoners contained.

The examination of a number of witnesses then followed, which it is unnecessary here to copy. After the case was closed on the part of the crown,

Mr. Arabin addressed the jury on the part of the defendant Vaughan, and observed, at so late a period of the day, he should not attempt to follow his learned friend through his opening; he would only allude to one or two points which had fallen from him; one of which was to join with his learned friend in requesting that the jury would now divest their minds of all prejudice, and decide only on the evidence before them. The next point was this-his learned friend had said he would not ask the jury to find the defendants guilty, unless the evidence of the five men, and that of Drake, was corroborated by the pure testimony of unconnected witnesses. Had the evidence of that wretched and infamous man been corroborated? He was ready to contend it had not; and, except his testimony, there was not a tittle of evidence to affect Vaughan. It was far from his intention to deny that a conspiracy did exist somewhere, and that Drake was deeply implicated in it but, in his opinion, Vaughan had had no concern whatever in it; on the contrary, he was persuaded that Vaughan, as well as Edwards, had been made the dupe

of Drake's arts, and that a desire to do his duty towards the public had led Vaughan into the error into which he had fallen. With respect to the confession of Mackay, the jury would be told by the Chairman, that nothing con-tained in that confession could be taken as evidence against Vaughan. He should be able to call the most respectable testimony as to Vaughan's character, and he was convinced the jury would hesitate before they would, on the unsupported testimony of such a witness as Drake, pronounce a verdict of guilty against a young man, which verdict must have the effect of blasting all his future prospects in life, and rendering him infamous for ever.

Mr. Arabin then called Edw Christian, Esq. Chief Justice of Ely, who stated, that the prisoner, Vaughan, had been in his service as a clerk, and, up to the time of this unfortunate transaction, he had always had the highest opinion of him.

Mr. Gurney shortly replied, and the Chairman recapitulated the evidence. The Jury, after a minute's deliberation, found all the defendants guilty.

The Court immediately proceeded to pass sentence. The Chairman commented, in impressive terms, on the enormity of the crime of which the defendants had been found guilty, and sentenced them to be imprisoned for five years in the House of Correction, and at the expiration of that time to find security for three years, themselves in 80l. and two sureties in 401. each. The case occupied the whole of the day, from ten in the morning till seven

in the evening. The court was crowded throughout the day, and a full bench of Magistrates attended.

Sligo.-Crown Court, Thursday, March 21.-The King v. Fentons.* -On this day this very interesting trial was proceeded in, when the court was crowded to excess. The prisoners, Thomas and John Fenton, esqrs. were indicted for the murder of John Hillas, esq. by killing him in a duel.

Mr. Vandeleur, as counsel for the crown, laid before the jury the following statement of the circumstances in which the prosecution had originated :

Upon the 6th of last December, a vessel was cast ashore, by stress of weather, upon the coast of Tiveragh, near to the residence of Major Hillas, who was an active magistrate, and a young man of the most humane disposition. A Roman Catholic clergyman, of the name of Burke, sent to inform him of this unfortunate occurrence. He immediately hastened to the spot to discharge his duty as a magistrate, and fulfil his natural inclination as a man. The captain, he found, had fallen overboard; and to his exertions during the entire of a dark and stormy night, the safety of the mate, and of eleven of the crew, was chiefly to be attributed. His object in so acting resulted merely from motives of humanity, and was far

The reason for inserting this trial is 'not because duels are rare events; but because an example can scarcely elsewhere be found, of the publicity and disregard to all decorum with which they are carried on

in Ireland, and of the open preference

given to the laws of custom to those of the land in that unhappy country.

from originating in any pecuniary consideration. While he was in this laudable pursuit, Mr. John Fenton, one of the prisoners, came up, and interfered in a manner which appeared to him not to be very correct: an altercation arose; and the result was Mr. John Fenton's telling Major Hillas," that, if he interfered further, he would throw him into the sea." He, however, continued his exertions from the 6th to the 8th of December, on which day the other prisoner, Mr. Thomas Fenton, arrived with a body of yeomen, and forced the property out of his possession. It was in vain that Major Hillas remonstrated; it was in vain that he declared his object was not salvage, and that he was only endeavouring to save as much as possible from the wreck, for the benefit of the owners. Being in this manner frustrated in his intentions, he made a journey to Scotland, where the owners resided, in order to make them acquainted with the circumstances of their loss; and on his return, Mr. John Fenton sent him a message, which, however, was declined, upon principles which, he must say, appeared to him perfectly justifiable. Thus the mat ter rested until the 30th January, when Major Hillas and Mr. Fenton put in their respective claims before Mr. Wynne and Mr. Irwin, two magistrates who were appointed to investigate the matter. Major Hillas disclaimed before them having been actuated by any pecuniary motives, and professed that he came there merely tive parties clearly ascertained. to have the rights of the respec It was upon this occasion that the circumstances

circumstances arose in which the duel originated. Major Hillas complained that he had been treated unhandsomely by Mr. Thom is Fenton, who had interfered unjustifiably, and, by taking the mate out of his hands, secured to himself in an unbandsome manner the legal custody of the vessel. Mr. Wynne and Mr. Irwin investigated the transaction. In four days after the investigation closed, Mr. John Fenton delivered a message to Major Hillas, in the name of Mr. Thomas Fenton, the result of which was fatal to Mr. Hillas.

The following witnesses were then examined :

James Moffat knew Major Hillas: he died by a pistol shot fired by Thomas Fenton; he was on the ground at Kilmacowen, in the county of Sligo; was there before the parties were placed on the ground; saw the ground measured; Fenton and Hillas walked backwards and forwards on it; they passed each other twice; Fenton was first placed on the ground, then Hillas took his ground; thinks from about a minute or two before Hillas was placed on his; cannot say who handed Fenton his pistol; when he had it in his hand, John Fenton came up and pu-hed in Thos. Fenton's arm, opposite to Hillas's hip, he then stood between him and Hillas, who also had his pistol; he stood immediately before Thomas Fenton; he cannot say how long before the word was given, but he remained there about ten seconds after; John then stepped aside, across the muzzle of Thomas Fenton's pistol; Mr. Jones did the same to

towards Hillas; he thinks he retired a little before Fenton retired; after that they fired immediately; Fenton fired first, and Hillas fell: the two shots went off just as one might say "one, two."

On his cross-examination, he said, when John pushed Thomas's elbow, the effect was, that he presented a less front to his antagonist-it protected his body; after the ground was cleared, both were at liberty to fire immediately; he saw Hillas before the transaction; he gave him a paper to copy about ten days before; on reading it, he remarked, that the language was very strong, and calculated to irritate: Hillas said, it was not strong enough for such conduct, and that, if stronger could be used, it ought to be inserted.

Dr. Armstrong is a professional man, and attended the deceased as such on the ground; he saw Loftus Jones, the deceased, and Capt. W. Ferrall, on the ground; a stone marked the spud where Hillas stood, another the spud where Fenton stood; when witness came to the stone on Hillas's side, he moved it a little from a rising ground, where it was, down to the level ground; John Fenton asked him why he did so; he answered, because the place was not level; when on their ground, Hillas addressed the crowd; he was not certain that Fenton heard

him; he said, "I am sorry the mistaken laws of honour oblige me to come here to defend myself, and I declare to God I have no animosity to any man or woman on the face of the earth," John stood before Thomas, he moved his

hand

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