Зображення сторінки
PDF
ePub

as

or innocence of the prisoners on brought to light in consequence the evidence which should be laid of five persons, named Wm. Sanbefore them Having said thus derson, Wm. Ward, Wm. Hurley, much, he should proceed to state Jas. Hurley, and Dennis Hurley, the case. It was necessary for being charged with a burglary in the peace and well-being of so- the house of Mrs. M.Donald, at ciety, that crime should be re- Hoxton; and on that occasion pressed, and offenders apprehend- Vaughan, who was a patrole, ed; and to accomplist this ob- Mackay, who had been in the ject, it was necessary that reward employ of the City Police, and and encouragenent should be Brown, the other defendant (what given to those persons who risked he had been, he, Mr. G., could not their personal safety, and fre- state), brought the prisoners up, quently even their lives, in the and laughan deposed as to the discovery and apprehension of of- facts of the burglary in question. fenders. The law had given re- [Here Mr. Gurney read the dewards to such persons, and still positions of Vaughan and the the country owed much to indi- other defendants, and continued.] viduals who meritoriously per. Had these depositions been all formed such services; but that passed, the magistrate would múch merit attached to those who have completed his duty by conwell di-charged this duty towards mitting the prisoners for trial ; the public, great in proportion but the prisoners, on being queswas the guilt of those, who, for tioned, said they were taken to the s'ke of obtaining these re- the house of Mrs. M'Donald hy a wårds, should lay traps and throw man they met at a public-house, temptations in the way of others, and went in with him, but took to indice them to commit crimes. no'hing. Something here ocSuch was the offence with which curred, either a look or a word, he had to charge the prisoners at he (Mr. G.) could not say what it the bar : and in p:oving his case was, which excited suspicion in he should be obliged to have re- the mind of Mr. Nares, the course to evidence, which it would magistrate, who turned to Vaugbe the duty of the jury to look to han, and observed, “ Vaughan, with suspicion, and receive with you went to the spot at the tinie caution. The witne-ses might, the prisoners were committing perhips, differ in some immute- the burglary in conseqnence of rialficts; but if they should agree information you received; who in the min points, and after be- gave you that information ?": iny sifted and cross-exanıined it Vanghan de lined to say who should appear that there was no gave hins the information, obreason to doubt the truth of their serving, that mentioning names testiinony, he should submit that might be attended with danger to whitever might have been their individuals, and woulil operate to former associations or modes of prevent their receiving informaliving, their evidence was not tion in future. This, and some therefore to be rejected on this other circumstances, induced Mr. occasion. This transaction was Nares to comnit the prisoners for

re-exami

the case.

re-examination, that he might same character ; but he had anohave time to inquire more mic ther witness to call, a person of nutely into the circumstances of the name of Edwards, a police

Mr. Gurney then, at officer also, but one who, it would considerable length, detailed to appear from the testimony of all, the jury all the circumstances, as

even of Vaughan himself, had they came out on the different been admitted into the transaction examinations of the defendants occasionally, to give it credit, and Nirs. M'Donald. The learned though he had never been in the counsel was also proceeding to secret. With this corroborative read the confession of Mackay, evidence, he was persuaded the when

jury would consider the case as Dir. Arabin, for the defendants, complete; and if it should so ap. objecteil to the reading of this pear to the jury, they would have document, and contended that it no other duty to perform but to could not be taken as evidence find the defendants guilty. It was against Vaughan.

impossible to aggravate the case The Chairman observed, that by calling in the aid of fancy, or the confession of Mackay cer- by using any terms that our lantainly must not be taken as evi- guige supplied. It disclosed an dence against any other than him- attempt to commit murder by self.

making the law and the admiMr. Gurney resumed, and ob- nistration of justice suhservient served, it was only as such that to so horrid a purpose. Nothing he wished to read it. Mr. Gur- could be said in palliation of such ney then proceeded to read it, and an offence-nothing could be it was found particularly to relate pleaded in its favour to reduce to the burglary at the house in our indignation against it. He Gray's-inn-lane. It detailed dif- was sure that no endeavour at ferent conversations between mitigation would be made by bis Vaughan, Drake, and Hubbard; learned friend who was counsel in one of which Vauglian under- for one of the prisoners. He was took to furnish Hubbard with a convinced he would allow the crow-bar, skeleton keys, und enormity of the guilt, and would other necessary implements of draw an argument in favour of house-breaking; and in another his client's innocence from that conversation Vaughan was stated very enormity.

Admitting the to have said to Drake, “I am blackness of the transaction if told

you can do a great deal ; can proved, his learned friend would you get two or three men to do attempt to show, that there was a crack?" Drake said he could ; no man so devoid of every sentiVauglian said, “ If he dial, he ment of humanity, of every feelshould have 51. after they were ing of nature, ils to have engaged committed.'' This testimony in it; in short, that the commight be said to be that of a mission of such guilt would infer party concerneri. Some other a monster who did not exist. But witnesses which he should have if, by the evidence which he should to call, it might be said, bore the lay before the jury, this guilt was established, he should have to re- of Drake's arts, and that a desire gret, that the law had not pro- to do his duty towards the public vided an adequate punishment, had led Vaughan into the error and that it was impossible, in the into which he had fallen. With present circumstances, to indict respect to the confession of Macfor a higher offence than the hay, the jury would be told by charge against the prisoners con- the Chairman, that nothing contained.

established,

tained in that confession could be The examination of a number taken as evidence against Vaugof witnesses then followed, which han. He should be able to call it is unnecessary here to copy. the most respectable testimony as After the case was closed on ihe to Vaughan's character, and lie part of the crown,

was convinced the jury would Mr. Arahin addressed the jury hesitate before they would, on the on the part of the defendant unsupported testimony of such a Vaughan, and observed, at so witness as Drake, pronounce a late a period of the day, he should verdict of guilty against a young not attempt to follow his learned ninn, which verdict must have the friend through his opening; be effect of blasting all his future would only allude to one or two prospects in life, and rendering points which had failen from him infamous for ever. him; one of which was to join Mr. Arabin then called Edw with his learned friend in request. Christian, Esq. Chief Justice of ing that the jury would now di- Eły, who stated, that the privest their minds of all prejudice, soner, l'aughan, had been in his and decide only on the evidence service as a clerk, and, up to the before them. The next point was time of this unfortunate trans. this his learned friend had said action, he had always had the he would not ask the jury to find highest opinion of hini. the defendants guiliy, unless the Mr. Gurney shortly replied, evidence of the five wen, and that and the Chairman recapitulated of Drake, was corroborated by the evidence. The Jury, after a the pure testimony of unconnect- minute's deliberation, found all ed witnesses. Had the evidence the defendants guilty. of that wretcbed and infamous The Court immediately proman been corroborated ? He was ceeded to pass sentence. The ready to contend it had not; and, Chairman commented, in impresexcept his testimony, there was sive terms, on the enormity of not a tittle of evidence to affect the crime of which the defendants Vaughan. It was far from his had been found guilty, and senintention to deny that a conspiracy tenced them to be imprisoned for did exist somewhere, and that five years in the House of CorDrake was deeply implicated in rection, and at the expiration of it : but, in his opinion, Vaughan that time to find security for three had had no concern whatever in years, themselves in 801. and two it; on the contrary, he was per- sureties in 401 each. The case suaded that Vaughan, as well as occupied the whole of the day, Edwards, had been made the dupe from ten in the morning till seven

in the evening. The court was from originating in any pecuniary crowded throughout the day, and consideration. While he was in a full bench of Magistrates at this laudable pursuit, Mr. John tended.

Fenton, one of the prisoners,

came up, and interfered in a man. Sligo.-Crown Court, Thursday, ner which appeared to him not March 21.- The King v. Fentons.* to be very correct : an altercation -On this day this very interest- arose ; and the result was Mr. ing t: ial was proceeded in, when John Fentou's telling Major Hil. the court was crowded to excess. las, “ that, if he interfered fur

The prisoners, Thomas and ther, he would throw him into John Fenton, esqrs. were indict- the sea." He, however, contied for the murder of John Hillas, nued his exertions from the 6th esq. by killing him in a duel. to the sth of Deceniber, on

Mr. Vandeleur, as counsel for wbich day the other prisoner, the crown, laid before

he jury Mr. Thomas Fenton, arrived with the following statement of the a body of yeomen, and forced circumstances in which the pro- the property out of his possession. secution had originated :

It was in vain that Major Hillas Upon the 6th of last Decem- remonstrated; it was in vain ber, a vessel was cast ashore, by that he declared his object was stress of weather, upon the coast not salvage, and that he was of Tiveragh, near to the residence only endeavouring to save as of Major Hillas, who was an ac- much as possible from the wreck, tive magistrate, and a young man for the benefit of the owners. of the most humane disposition. Being in this manner frustrated A Roman Catholic clergyman, of in his intentions, he made a jourthe name of Burke, sent to inform Dey to Scotland, where the owners him of this unfortunate occur- resided, in order to make them rence. He immediately hastened acquainted with the circumstances to the spot to discharge his duty of their loss; and on his return, as a magistrate, and fulfil his na- Mr. John Fenton sent him a mes, tural inclination as a man. The sage, which, however, was decaptain, he found, had fallen over- clined, upon principles which, board : and to his exertions during he must say, appeared to him perthe entire of a dark and storniy fectly justifiable. Thus the matnight, the safety of the mate, and ter rested until the 30th January, of eleven of the crew, was chiefly when Major Hillas and Mr. Fen. to be attributed. His object in ton put in their respective claims so acting resulted merely froin before Mr. Wyane and Mr. Irwin, motives of humanity, and was far two magistrates who were ap

pointed to investigate the matter. • The reason for inserting this trial is Major Hillas disclaįmed before 'not because duels are rare events; but be

them having been actuated by cause a: example can scarcely elsewhere any pecuniary motives, and probe found. of the publicity and disregard 10 fessed that he came there merely all decorum with which they are carried on in Ireland, and of the open preference

to have the rights of the respecgiven 10 the laws of custom to those of the tive parties clearly ascertained. land in tiat unhappy country.

It was upon this occasion that the

circunstances

circumstances arose in which the towards Hillas; he thinks he reduel originated. Major Hillas tired a little before Fenton recomplained that he had been tired; after that they fired immetreated unhandsomely by Mr. diately; Fenton fired first, and Thom is Fenton, who had inier- Hillas fell : the two shots went fered unjustifiably, and, by taking off just as one might say one, the mate out of his hands, se- two." cured to himself in an unband- On his cross-examination, he some manner the legal custody said, when John pushed Thomas's of the vessel. Mr. Wynne and elbow, the effect was, that he Mr. Irwin investigated the trans- presented a less front to his anaction. In four days after the tagonist-it protected his body; investigation closed, Mr. John after the ground was cleared, Fenton delivered a message to both were at liberty to fire immeMajor Hillas, in the name of Mr. diately; he saw Hilias before the Thomas Fenton, the result of transaction; he gave him a paper which was fatal to Mr. Hillas. to copy about ten days before ;

The following witnesses were on reading it, he remarked, that then examined :

the language was very strong, James Moffat knew Major Hil- and calculated to irritate : Hillas las : he died by a pistol shot fired said, it was not strong enough for by Thomas Fenton ; he was on

such conduct, and that, if stronger the ground at Kilmacowen, in could be used, it ought to be inthe county of Sligo ; was there serted. before the parties were placed on Dr. Armstrong is a professional the ground; saw the ground man, and attended the deceased measured; Fenton and Hillas as such on the ground; he saw walked backwards and forwards Loftus Jones, the deceased, and on it; they passed each other Capt. W. Ferrall, on the ground; a twice; Fenton was first placed stone inarked the spud where Hilon the ground, then Hillas took las stood, another the spud where his ground; thinks from about a Fenton stood; when witness came minute or two before Hillas was to the stone on Hillas's side, he placed on his ; cannot say who moved it a little from a rising handed Fenton his pistol; when ground, where it was, down to he had it in his hand, John Fen- the level ground; John Fenton ton came up and pushed in Thos. asked him why he did so; he ana Fenton's arm, opposite to Hillas's swered, because the place was hip, he then stood between him not level; when on their ground, and Hillas, who also had his pis- Hillas addressed the crowd; lie tol; he stood immediately before was not certain that Fenton heard Thomas Fenton; he cannot say him; he said, “ I am sorry the how long before the word was mistaken laws of honour oblige given, but he remained there me to come here to defend myself, about ten seconds afier; John and I declare to God I have no anithen stopped aside, across the niosity to any man or woman on the muzzle of Thomas Fenton's pistol; face of the earth ;" John stood Mr. Jones did the same to- before Thomas, he moved his

hand

« НазадПродовжити »