London, Middlesex, England
Aug 4, 1826
GALWAY, JULY 29
Thos. Dillon Lambert, and John Wm.
Browne, Esqrs., the Hon. Denis Arthur Bingham, Patrick O'Connor, Roderick
O'Connor, David Wilson and John Blake, Esqrs. were put to the bar, charged with
the wilful murder of Jeremiah Sullivan.
The indictment, upon which a true bill had been found
on the preceding day, charged that Thomas Dillon Lambert did, on the 28th day of
June, in the 7th year of his present Majesty's reign, wilfully and maliciously
discharge a pistol loaded with a leaden ball at the person of Jeremiah Sullivan,
thereby inflicting upon him a mortal wound, of which he languished and died; and
that the said Denis Arthur Bingham, and the several other prisoners arraigned,
were then and there aiding and assisting the said Thomas Dillon Lambert. The
prisoners pleaded "not guilty."
A considerable time was occupied before the jury was
sworn and the panel, of which only 40 answered to their names, was called over
on fines of 50l.
Eleven challenges were made on the part of the Crown,
and seventeen on behalf of the prisoners. The jury having been sworn-
Mr. NORTH stated the case briefly on the part of the
prosecution, and detailed with great clearness the facts connected with it.
The first witness examined was Francis O'Shaughnessy,
and apothecary. Lives in Merrick-square, next door but one to Kilroy's hotel;
remembers the 28th day of June last; was standing at his own door on the evening
of that day; knows the prisoners at the bar; identifies them; saw the prisoners
with several others, on the evening in question; saw them running out of
Kilroy's hotel; they were all armed; Mr. Browne had a case of pistols; Mr.
Lambert had another case; Mr. R O'Connor one pistol, Mr. Wilson a sword which
was in the scabbard at the time he left the hotel; cannot recollect whether Mr.
Bingham was armed or not; other persons, besides those already named,
accompanied the prisoners but they were not armed; did not see Mr. Blake, one of
the prisoners, with them on that evening; the prisoners went out in a great
hurry; there were six or eight persons of the same rank as the prisoners, in
company with them; no person of inferior rank accompanied them; the gentlemen on
quitting the hotel, first went into Kilroy's yard and remained there about a
minute; witness was looking at them and saw Mr. P. O'Connor arm himself with a
large pitchfork, and Mr. R. O'Connor had a rack stave; the other gentlemen who
are now at the bar were armed some with scrapers, other with handles of brooms
and shovels; when they came out they stopped opposite Kilroy's gate-way; the
whole party stopped for a moment; witness saw Mr. R. O'Connor raise the
rack-stave over his head, and heard him call out, "Come, boys, follow
me," or words to that effect; besides, there were ten or twelve of the
lower class; Kilroy's hotel was occupied during the election by Mr. Lambert's
friends; the prisoners, with the other persons, on leaving the gate-way, ran on
in the direction of William-street; the party amounted to between twenty-five
and thirty; they proceeded rather quick and witness soon lost sight of them;
remained standing at his own door during their absence; in about five minutes
the whole of the prisoners returned; does not include Mr. Blake; they passed
witness's door to the hotel, armed as they went out, with the exception of Mr.
Browne, who brought back but one pistol; heard no shots fired, nor any thing
said by them on their return.
Cross-examined by Mr. PENNEFATHER- His house adjoins
Kilroy's Hotel; witness was at home on Sunday, the 25th of June; remembers the
house in the square being attacked and burned by the mob; the house was opposite
witness's; Mr. Lambert's freeholders were in the house when it was on fire; saw
the mob pelting stones at it while the house was burning; this burning was not
the only outrage that was committed during the election; witness soon lost sight
of the party who came out of Kilroy's; they turned down William-street, at about
100 yards from where witness was standing; heard of no uproar on that evening in
the rear of Kilroy's; the party were not five minutes away from Kilroy's till
By a Juror- Will take upon himself to particularize the
arms Mr. Lambert and his party had, although they rushed out in a very great
William Kennedy examined through the medium of an
interpreter- Was at the door of man named Stephens, opposite the meat-market, in
William-street; knew but three of the prisoners. Mr. Lambert and the two Mr.
O'Connors; did not see what arms the party had; saw two pistols with Mr.
Lambert; saw the party firing down the street; there was a great crowd there at
the time; some of the people were not ten yards from where the pistols were
fired; others were 100 yards off; saw Mr. Lambert fire two shots; can't say
whether they took effect or not; knew deceased; saw him standing at the opposite
side from where witness was, near the meat-market and Mr. Lambert running after
him; did not see anything in the Messrs. O'Connor's hands; did not see them
doing any thing; saw no stones thrown; did not see any people coming out of
Prendergast's garden; there was a large mob assembled at the shambles; Mr.
Lambert and Mr. O'Connor ran back after the shots were fired.
John O'Hara, Martin Geoghegan, William Elwood, P. Rocke,
Thomas Cottingham, Martin Kinnery and Redmond Comyns were produced on the part
of the Crown, as was also Dr. Gray, who examined the wound inflicted on the
deceased. The evidence on the part of the Crown was nearly similar to that given
by Shaughnessy and Kennedy and the testimony was intended to show that the
people were quiet and that the shots were fired wantonly. One of the Crown
witnesses, however, admitted that Sullivan, the deceased, struck one of Mr.
After the case for the Crown had closed.
Mr. PENNEFATHER addressed the Bench, and stated that
Mr. John Blake was entitled to an acquittal, inasmuch as no evidence had been
offered sufficient to inculpate him in the transaction.
The counsel for the Crown, after consulting for some
time, agreed with Mr. Pennefather and the jury accordingly, under the direction
of the learned Judge, found Mr. Blake Not Guilty, and he was discharged before
the defence of the other prisoners was gone into.
FOR THE DEFENCE.
William Sheppard, a private in the 8th
Husars, was examined.- He was quartered in Kilroy's Hotel on the night that
Sullivan was shot. Knows where Prendergast's garden is situated; some of Mr.
Lambert's men were in it on the 28th of June; a violent attack was made on them
by some of Mr. Martin's friends; it was to succor his voiers that Mr. Lambert
and his friends ran out as described by the first witness. Heard a violent
tumult in the garden; witness alarmed the gentlemen in Kilroy's who ran out
armed to protect their men; the mob ran towards the doors of the garden before
witness got down; witness said to the gentlemen at Kilroy's, who were then at
dinner, "For God's sake, gentlemen, come down stairs, for the mob in the
garden are committing murder;" witness then went to the troop
sergeant-major and reported what was going on; the sergeant-major immediately
ordered the troop out.
Walter Butler, Walter Blake and Joseph Zouche, Esqrs.,
members of Mr. Lambert's committee, and who were with Mr. Lambert's party when
the alarm was given, proved distinctly that the gentlemen on reaching the
shambles, expostulated with the mob and advised them to disperse; that Walter
Blake was struck wit ha stone on the head, which split his hat in two and cut
him severely; that a mob of 150 persons was assembled around the shambles, who
behaved in the most outrageous manner, and pelted the gentlemen frequently with
stones; and that no shots were fired until the gentlemen had been frequently
attacked and their lives in peril.
Those witnesses were cross-examined at great length;
but without, in the slightest degree, shaking the testimony which they had given
on their direct examination. The learned Judge then commenced summing up the
evidence. After his lordship had concluded, the jury retired for a few minutes,
and returned their verdict, acquitting all the prisoners.
The Judge then called the prisoners to the front of the
dock, and in a very solemn and impressive address, expressed his perfect
concurrence with the verdict of the jury. His lordship hoped that the prisoners
and their friends would not entertain any violent or vindictive feelings toward
the persons who prosecuted, or those by whom the prosecution was instituted.
The announcement of the verdict and the address of his
lordship were received with acclamation.