|CORK SPRING ASSIZES|
(Before the CHIEF BARON.)
|THROUGH inadvertance the following portion of the business in this court was omitted from our report of last night. In justice to Mr. Wallis we now publish it.
Before the rising of the Court,
Mr. Wallis, solicitor, saidMy lord, before your lordship leaves the court, as being a matter of importance to myself I am sure your lordship will allow me to refer to an observation which I am informed dropped from you to-day. Your lordship would not, I know, allow anything that dropped from you to have any effect that would tend to injure me with the public
The Chief BaronCertainly not.
Mr. WallisAnd therefore I address you, my lord. There was a prisoner of the name of Lynch, whom I am concerned for, and I am told that your lordship said to-day that an action could be brought against meagainst the prisoner's attorneyfor not having taken measures to secure a proper defence. I think it right to tell your lordship that, in the first place, I am greatly afflicted with a very bad leg, which prevented me from attending the court to-day, and which compels me to remain under medical treatment. But as regards the prisoner, the very moment I got the meagre instructions his brother was able to give me I put them together in as good a manner as I possibly could, and sent them immediately to Mr. Coffey. Mr. Coffey had that brief yesterday, but he was at the time defending another prisoner of the same name in the next court. I did everything I could to get into communication with the prisoner and his family but none of them ever came near me, and under these cirucmstances I think your lordship will perceive that I am undeserving of the remark your lordship made.
The Chief BaronI did not make at all the observations you suppose, or say I would advise the man to sue you. I said if his attorney had not communicated with him and if his witnesses did not go to the attorney, I would appoint an attorney for him and I would advise him to sue the attorney for neglecting his duty. I said it only supposing the other thing occurred. The man was asked if he required any witness, he named one, and the fact of this witness being in town was communicated to some person acting for him. It was the business of the attorney to see that man, or send his clerk for him. Don't understand me to say you have done that, Mr. Wallis, but if I found that it was done I would certainly have assigned the man an attorney and recommended him to bring an action against the first solicitor.
Mr. WallisAnd what you say was done, my lord, but the public take it for granted when they hear what was stated to-day that the contrary was the fact. I assure you every instruction I could give counsel was given to him and at the proper time. But never a single witness went near me.
The Court then rose.
| John Sullivan and Patrick Finn were indicted for having set fire to a part of the Cork Union Workhouse building, on the 4th March, 1863, the occasion of a riot occurring in the establishment. They pleaded not guilty, and were tried by the same jury as was sworn in the last case.
Messrs. Copinger, Q.C., Barry, Q.C., and O'Hea prosecuted on behalf of the crown.
Mr. Copinger, Q.C., having briefly stated the facts of the case.
His Lordship asked whether the Crown intended going into the transactions antecedent to the arson with which the prisoners were charged.
Mr. Copinger said they did not.
Michael M'Carthy deposedI was an inmate of the Cork Workhouse on the 4th march ; Sullivan and Finn, the prisoners, were inmates at the same time ; between 7 and 8 o'clock in the evening of the 4th I saw the two prisoners standing together in one of the yards, and one of them, Finn, said to meIf you want to get yourself transported you had better join us ; I said I did not want to be transported ; they then walked up to the window of the shoemaker's shop ; this shop is on the ground floor ; some of the infirm men sleep on the floor above it ; there is a wire screen outside the window of the shoemaker's shop ; the prisoners pulled this screen from the window, and shoved in the sash with their hands, when they had opened the window, they got into the shop ; I went in after them, and I saw Finn take a large knife from under his jacket, and cut the gas pipe with it ; both then caught the gas pipe, and pulled it out from the wall ; when they had the pipe loosened, Finn lit a match, and applied it to the gas to see if it were escaping but it was not ; he then recommenced cutting the pipe again, and continued at it until Sullivan told him the gas was escaping ; when Sullivan said that the gas was escaping, Finn said that it was not escaping strong enough as he wanted to burn the building, and he went on hammering for a few minutes more, and then applied a match again, when the gas lit ; there was a beam just above the pipe upon which the flame played ; when they saw the beam taking fire they came out of the shop and went away ; I went to bed and remained there ; some of the paupers were still in the yards.
To his LordshipI can't say whether there was a moon that night ; Finn or Sullivan did not tell me they were going to burn the house ; I did not know what they were doing ; I don't think I ever stated what appears in the informationthat Finn said meWe are going to burn the house, won't you join us.
Jeremiah Desmond, examined by Mr. O'Hea, deposedI am assistant schoolmaster in the workhouse ; on the evening of the 4th march I, while walking with another of the assistant schoolmasters, Mr. Ring, noticed light in the shoemaker's shop ; I went to the shop and found the lattice of the window broken ; I went in the window, and saw the gas pipe broken, and the joint on fire ; the flame was playing on the joint ; I came out immediately, and turned off the gas pipe ; by the master's directions water was thrown on the joint ; the men's infirm ward is over the shop ; there were over a hundred inmates in that ward ; most of them were in bed at the time ; it was after their bed time ; some of the men were blind ; the building in which the shop is has been constructed fourteen of fifteen years ; it is chiefly built of wood plastered outside ; there is a slight foundation wall of stone, about six feet high, and the upper portion is entirely of wood ; the wood is old and dry.
The prisoner Finn said there were no blind men in the ward over the shop.
The witness said he knew of his own knowledge that there were blind men in the ward ; the only outlet from the ward was a narrow staircase leading into the men's yard ; the ward is 20 feet from this yard.
Mr. J. Ring, assistant schoolmaster, deposed to having seen the joint in the shoemaker's shop on fire ; he went on the first alarm into the ward above where some of the boys were to prevent them from attempting to get out of the windows.
Patrick Connery, gas fitter, deposed that on the 5th March he inspected the gas pipe in the shoemaker's shop ; it was cut near the joint, and was torn from the wall ; there was a large crack in it from which gas might escape ; the pipe was of iron ; it was not cut ; did not see any marks in it ; the pulling out of the pipe would cause the fracture in it ; a knife would not cause it.
Edmond Nagle, the shoemaker employed in the workhouse, deposed that the gas had not been lighted in the shop for a fortnight before the 4th March ; on that day he outed the fire when leaving at six o'clock, and fastened up the shop ; saw the gas pipe broken the next morning and the beam burned ; saw a fracture in the pipe ; it was at the side next to the wall.
J. L. Cronin, R.M., deposed that he took the deposition of the witnesses in the case, and committed the prisoners for trial ; gave the usual caution to the prisoners ; after giving the caution to the prisoner, Flynn [sic] made the following statementI have nothing to say in the matter, only that M'Carthy is as deep in the mire, and as far in the matter as I am, I am sure Johnny Sullivan will say the same. It could not have been completed without his aid.
His Lordship then charged the jury. He said that it was clear from the two or three words that he had asked him that M'Carthy was an accomplice in this crime. There was not the slightest doubt but that M'Carthy joined these men, well knowing what their design was. It was perfectly plain that it was the intention of those parties to do this very mischief ; and from his own evidence, it was clear he was an accomplice. The result of that was that although the law allowed a verdict to be given on the uncorroborated testimony of an accomplice, he would advise the jury not to act on that evidence alone, notwithstanding that in strictness of law it was admissable. The judges were in the habit, for the protection of those who were charged by persons tainted with the ignominy of the transaction themselves, to direct the jury not to act on the unconfirmed evidence of an accomplice ; and he would therefore advise them not to find against the prisoner Sullivan, the case against whom stood on the evidence of the informer alone. As to Finn, he had plainly acknowledged that he was engaged in the attempt to set fire to the workhouse.
The jury then retired, and shortly afterwards returned into court with a verdict of guilty against Patrick Finn and a verdict of acquittal in the case of John Sullivan.
His LordshipI cannot allow a moment to pass without pronouncing sentence in this case. I am desirous that those who have heard the trial should also have the opportunity of hearing the sentence. I don't know, Patrick Finn, whether you happen to be one of those who think it better to have what is called a sentence of transportation pronounced against you than to remain the inmate of a workhouse. If you are one of those misguided men, allow me to tell you that you are under a grievous mistake in so desiring. You will not be transportedyou will not be sent to another country where you may gain your liberty after some period of confinement, and go at large to pursue some business or industry. You will be consigned to the punishment which is now called penal servitude, and the effect of that penal servitude is to make you a serf and slave for the period of your life for which this sentence is awarded. You will be subjected to close confinement, to strict discipline, to labour that may or may not be of use to you hereafter, according to your own conduct. It is a most severe privation. It is combined with pain and suffering, and it is one that few who ever suffered would desire to suffer again. The sentence which I will be obliged to pronounce upon you will withdraw you for a considerable period of your life from any hope of resuming any habits of industry, or of getting back even to a workhouse. I feel bound to pronounce a severer sentence in your case than has been awarded for a similar transaction in other places. It was difficult to contain one's feelings while hearing a portion of the evidence that was given in this case. A number of helpless old men had allotted to them the room over which it was intended that this conflagration should take place. The ceiling of the room where a number of old men were harboured, at the hour at which they had to retire to rest, when probably, in consequence of their age, many of them were actually sleepingthat was the spot and the time selected to burn the workhouse. How was that room circumstanced? Now, I am endeavouring to speak as plainly as possible, so as that you and all in court will understand me. That room was only to be entered by means of stairs that led from an outside yard, these stairs being made of timber ; the walls were timber ; the roof was timber. It was fourteen or fifteen years old. It was calculated to burn like matches upon fire being applied to it. How were those old men to escape if the flames had extended to their part of the building, and if Providence had not brought persons near who extinguished the fire?
The door was six feet from the outside, still it might have led to many being maimed if not killed. It is frightful to consider the consequences that would have resulted if you succeeded in your object ; and, indeed, it is difficult to conceive how such heartless, barbarous cruelty could enter the mind of any man, no matter how depraved he may be. I cannot restrain myself from expressing my sentiments very strongly on this subject ; but do not understand that the sentence I shall pass on you is the result of any resentment on my part towards you. I am merely speaking the language of the law, which denounces the crime, and accords to it a severe and exemplary punishment. I am only performing a pressing and imperative duty. It is not pleasant to me to consign any one to penal servitude, but the law, for the protection of life and property, awards a heavy sentence, and I am bound to pronounce it. The sentence of the court is that you be kept in penal servitude for a period of six years.
Daniel Hilliard aged 19, John Ahern 16, Thos. Malone 16, James Shea 18, Denis Murray 19, and John Sullivan, 22, were then put forward charged with riotous conduct, at the Cork Workhouse on the 4th March, .
James Browne examined by Mr. CopingerIs a wardmaster in the Cork Union ; on the night of the disturbance in the Workhouse he saw the prisoners Murray, Sullivan, Shea, and Flinn [sic] ; between seven and eight saw fifty or sixty persons in the hall underneath the board. Finn had something under his jacket ; asked him what he had when he drew out a stick and made a stroke at him ; the three other prisoners also had sticks ; Sullivan and Murray attempted to strike him ; Finn said to the master, who was with him at the time, that they were wronged, and that he was not the master at all ; that was not the proper place for the men to be at that hour at any time without his permission.
To his LordshipThere was sufficient light in the hall for me to identify the prisoners.
George Larrymore, master's clerk, was examined by Mr. Barry, and deposed that on the night of the riot he was in his office when he heard the rush of many men and the bursting open of a door ; the rush and noise proceeded from a body of the inmates who had come down from their beds to the passage near the master's office ; that passage was divided from the men's ward by a large gate.
His Lordship said that he feared the case could not go on without a diagram or plan of the premises.
Examination continuedBelieves that it was the gate between the passage and the men's department that caused the noise ; the passage and the cell are all the same, there are six entering on the hall.
His Lordship said that it was really a most lamentable thing that a case of this kind should be brought into court without a map, by which alone the circumstances of the case could be understood.
Mr. Steele, master of the workhouse deposed to the assembling of the paupers in a very large number ; they were crying out that they wanted to get revenge on Larrymore, and Brown ; four of the prisoners, Finn, Sullivan, Murray and Shea, were armed with sticks ; several blows were aimed at Larrymore and Brown, and witness put his arms out to protect them ; none of the blows fell on witness, or if they did he did not feel them ; three or four of the crowd forced their way into the passage ; Brown for protection was obliged to go into the hospital office, and Finn made several attempts to get at him ; he caught the latch and tried to force the door but did not succeed.
One of the prisoners accused the master of drunkeness on the night in question, and said that there was a smell of drink from him that would be sufficient to make him drunk, along with the master.
The Master said that he never got drunk, but particularly on the 4th he took less refreshment than other days.
This closed the case for the crown, and
The prisoners having been asked if they had anything to say, one of them, the same prisoner who first spoke, saidI am very sorry it is not worse ; twice worse, for the persecution I got. If I get back, if it is for one year or two years, I'll do something.
His Lordship then charged the jury. He said the law on the subject of riot was this :If three or four persons, assembling together with weapons and with demonstration of force to effect some object, and with a determination to use force in resisting any force brought against themif those persons assembled together in the manner he had described, and effected their object, that would be a riot, but if they did not, although the law was broken, it would not be a riot. The crowd of paupers who assembled together in the workhouse confessedly had two objects, one being the liberation of some of the inmates, and the other to punish Brown the wardmaster, and Larrymore. It was clear that their first object was not effected ; the second might require some explanation. Was either Brown or Larrymore struck? The Master said that he warded off any blows that were aimed at him ; at the same time he said that he could not say that himself was struck. But in the eyes of the law an assault was committed if a person raised a stick to strike another while that person was within striking distance, and if there were persons standing by aiding and abetting in that act they were also guilty of assault. Now the jury should apply that rule to the case of the prisoners.
The jury then retired, and in a few minutes returned into Court and enquired of the Master whether any of the prisoners were within striking distance of Brown of Larrymore when the blows were aimed at them. The Master said that they were, and the jury again retired.
Mr. Coppinger [sic], while they were inside, asked his Lordship whether the indictments could be separated ; the unlawful assembly from the riot.
His Lordship replied in the negative.
Mr. Coppinger [sic], Q.C., said that in the case of the Gavazzi riots in Tralee his opinion was that if the indictment had been for unlawful assembly, and not for a riot, that the persons charged would have been found guilty.
The jury shortly again came into Court, with a verdict of guilty against all the persons for riot.
His Lordship sentenced Finn, who was convicted in the former case, to one day's imprisonment, and postponed passing sentence on the remainder of the prisoners.
| On the 20th inst., at 22, Richmond-hill, Rathmines, the wife of Mr. Richard Manifold, Prisons' Office, Dublin Castle, of a daughter.
On the 17th inst., at Southlands, Chale, Isle of Wight, the wife of Major-General Henry Tucker, C. B., of a daughter.
On the 17th inst., at Blackheath, the wife of Lieutenant-Col. Gallwey, Royal Engineers, of a daughter.
| On the 19th inst., at Mount Juliet, the seat of the Earl of Carrick, the Hon. John T. W. Massy, second son of Hugh Hammon, fourth Baron Massy, to the Lady Lucy Maria Butler, daughter of Somerset Richard, third Earl of Carrick.|
| On the 20th inst., at No. 16, Patrick-street, Cork, Eliza, relict of the late James Ievers, Esq., J.P., Glenfield, county Limerick.
At Templemore, Captain Simmons, R.N.
At Cappoquin, on the 18th instant, John, eldest son of Clement Carroll, Esq.
On the 24th inst., at York Terrace, Cork, the residence of her son, in her 82nd year, Mary, relict of the late John Galway Ronan, of Cork, M.D.
On the 8th inst., at Leghorn, Arthur Kennedy Forbes, Esq., aged 48, barrister-at-law, of Newstone, county Meath.
On the 19th inst., in Upper Merrion-street, Dublin, Major John Bonner, formerly of Her Majesty's 1st Royal Regt.
On the 21st instant, at his residence, Windsor, Monkstown-avenue, Dublin, Matthew Law, Esq.
On the 21st inst., of chin-cough, Mary Anne, aged 4½ years, third daughter of Mr. Thomas M'Anespie, of Great Brunswick-street, Dublin.
On the 10th inst., at 49, Onslow-square, Brompton, Lucy, widow of the late Colonel Wollaston, of Shenton Hall, Leicestershire, and sister of the late Sir Henry Strachey, Bart., aged 21.
On the 11th inst., at his residence, Chelsea, London, John Bagwell, Esq., of Kilmore, co. Tipperary, late Captain 60th Rifles, aged 73.
On the 17th inst., Elizabeth Saunderson, sole surviving daughter of the late Rev. William Atherton, and sister of the Attorney-General, M.P.
On the 6th March, in New York, Mary Ann Horan, in the 48th year of her age, a native of Cahirciveen, co. Kerry.
March 18, at Clarinda-terrace, Kingstown, John Monson Boyes, Esq., Lieut.-Colonel of the Madras Army.
| Second MastersJohn Edwards, to the Pandora ; Fred. Seaton, to the Sparrow ; James D. Wiltshire, to the Megaera. Master's AssistantsR. F. Bellis, to the Pandora ; Pownal Aplin, to the Sparrow.
EngineerWm. C. Breck, to the Indus, as super- numerary. Assistant EngineersAlexander Smart, to the Cumberland, for the Snipe ; Peter Thompson, to the Pembroke.
Second MasterJ. W. Morris, to the Fisgard, as supernumerary. Assistant PaymastersJames R. Ray, to the Excellent ; Marcus O. N. Markham, to the Meander. Assistant Clerks (as supernumeraries)John H. Evans, to the Victory ; Charles E. Warren, and George F. M. Kent, to the Revenge ; George D. Daunt, to the Cornwallis ; M. Vining, Thomas Ebatt, Charles J. Pawley, and F. F. Trearhen, to the Fisgard.
Chief EngineerThomas Duncan, to the Orpheus, for disposal. EngineerOwen A. Davies, to the Pandora, commissioned. Assistant EngineersSimeon Lawton, T. Murray, and James Sterling, to the Sparrow, commissioned ; Edward Newman, to the Indus, for the Clinker ; John Staley and James Grant, to the Pandora, commissioned ; John West, to the Cumberland, as supernumerary.
| The Marquis d'Andizus has arrived at the Imperial Hotel, from the French Embassy, London.
Sir Charles and Lady Watson have arrived at the Imperial (per City of New York), from New York.
Lieut.-Col. the Hon. P. Fielding, Coldstream Guards, has left the Imperial for Killarney.
| CAPTAIN FRANK BAGOT, of company K, 35th Indiana (1st Irish), who was killed at the battle of Stone River, was brought to the Cathedral, Cincinatti, and thence to the old Cemetery on the Hill. He was in the prime of lifea fine looking specimen of a Federal soldier. He was a native of Ardfinnan, county Tipperary, Ireland, and brother of William F. Bagot, Esq., Sheriff of Ripley, county Indiana, and son of Walter Bagot, Esq., Ardfinnan. May his soul rest in peaceAmen. Tipperary Free Press.|