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with a grown-up family. The the case the following witnesses plaintiff went on a visit to this were called :gay Lothario for eleven months. Mrs. Ann Rooke.--I am the The young lady became attached mother of the plaintiff. I know to him. They walked out together the defendant. His mother and at five in the morning, and strolled my mother were two sisters. I together in the evening. But in have seven children. The defend. this world enjoyment does not last ant has four children, and lived at for ever; and they must part. Litchit. Mr. Conway is 67. He Hard was that parting: and again came to my house in the spring of and again they promised to corre 1839. He asked leave for the spond, and hundreds of letters, in plaintiff to go and see his family the course of two years, passed in the year 1839. She remained between them. Sometimes the there eleven months. I had no gentleman's letters were strictly conversation with him on the submercantile, and might be inter-ject of marriage for two years preted into the following :-"An afterwards. I think it was at the arrival of gout expected shortly; fall of the year 1841, I spoke to pains on the rise, influenza on the him on the subject at my house. decline, and hoary locks as per I told him I had been informed he last." Then he would write three was paying his addresses to my sides of letter paper upon the wea- daughter. He said there was a ther. One, according to her wish, correspondence. I told him he several times expressed, contained ought not to think of such a child a silver lock of his hair; and at as she was to him. She is twentylength his passion had reached such eight. He said he should like my a height that he became out of his daughter Amelia very much inwits, for he discarded prose and deed. We were then interrupted, became poetical. This correspond- and nothing more was said. ence went on for a length of time, Maria Louisa Rooke.-I am one until the old man became ill, and it of the sisters of Amelia Rooke. I was not expected he would get live at Salisbury with my brother, over it. He, however, did, and and have been acquainted with this would seem to have given the Mr. Conway twelve or fourteen plaintiff a kind of hint that the years. He came to our house in devoted of her heart might not 1839, and took the plaintiff away recover from a second attack, and with him. She stayed away many therefore her sister interfered, months. She returned in June, took him to task, and endeavoured, 1840. Mr. Conway paid her a as she stated it, to bring him to visit in about a month after her the point. This was, however, no return. He behaved in a very easy matter, as the old gentleman affectionate way to my sister. Our seemed averse to marriage. The company was of no pleasure to lady, as was natural, became ill, them; we were only with them and was nervous and irritable. The at meal times. I know the defend. whole family despaired of her be- ant's handwriting. After


sister ing lady of the property in Poole came back she received letters from and at Bournemouth, and of the him- sometimes two in a day. I ships at sea, and an action for da- have seen my sister open the letmages was the result, and to prove ters. A lock of his hair was en

closed in one of them. She had it don't know whether he blushed, put in a brooch. She had a letter for it is difficult to tell when a in August, which made her unwell. gentleman blushes. I repeated all My brother wrote, and defendant in my sister's presence, and before came to Salisbury on a Sunday, the him, because then I thought she 29th of August, 1841. She was then had a witness of it. If it had been very poorly indeed. She saw him my own case, I should have written that evening. I asked him, what it down and got a witness. induced him to write such a letter The Judge.-Had you any genand make her so uneasy? He said tleman who offered you his arm at he was not aware it would make that time? Witness.- Walking her uneasy.

He asked for the sticks are very convenient, but I letter, to look and see what he had like them younger. written. He took it, and I never J. L. Rooke. - I am brother of saw it afterwards. He afterwards the plaintiff. I heard a conversabrought back many letters, and tion between the last witness and told her sister he could not destroy Mr. Conway. We asked what his them, because it hurt his feelings, intentions to my sister were, and and he did not like them to remain he said they were honourable. He at home, lest his family should see said he had been told by his family them and laugh at them.

that it was impossible for a young Cross-examined. He was al. girl to love an old man, but he was ways

reserved to me, because I was convinced of the contrary. He said so much opposed to his paying it was a sort of infatuation that attention to my sister. I did not came over him. We were riding think it a prudent thing. I was out when he said this, but he added of that opinion all the time. I did that within six months he would not like his manner towards her, marry for certain. and I pointed out to them his age, Evidence was then given that children, and prospects. This was the defendant possessed many in August, 1841. I reproached houses at Poole and Bournemouth : him for not paying me the same that he had a vessel on the seas, attention as he did my sister; and and was a considerable merchant. he said, she and I are sweethearts, Mr. Croirder made a long adshe is my lambkin. She sometimes dress to the jury, contending that read his letters to me, but if there the conduct of the defendant was was anything particularly sweet, only that which might have been she did not read it to me. Some expected from a relation so far adtimes I assisted her to indite her vanced in years, and that he never letters to him. The letters are out dreamt of marriage ; but if the of number. If I walked with him, promise was proved, the loss was he never offered me his arm. He in truth a profit. was so artful that night, that I The learned Judge having sumcould not bring him to the point. med up, the jury returned a verMy sister was leaning on his dict for the plaintiff - Damages shoulder, and he was bathing her One Farthing. head with water. I had all the questions to myself on the Sunday night; I reproached him all the time. He appeared ashamed. I

TIPPERARY SUMMER with the prisoner he would turn ASSIZES.

her out of the place. From the

evidence which transpired, it apo NENAGII.

peared that the deceased, Rody James Shea, alias Smyth, was Kennedy, on the morning on placed at the bar, charged in two which he lost his life, had gone counts with the wilful murder of out for the purpose of repairing a Rody Kennedy, of Loughane, in gap which had been made and this county, on the 21st of May admitted trespass into his pasture. last. Before a jury had been This was near Walker's scrub, completed, the agent for the pri- and it appears that Walker's cattle soner had exhausted the challenges. had trespassed upon Kennedy's His lordship seemed much dissa- pasture. A gap was found in part tisfied with the indiscriminate made ; some bushes were laid upon manner in which the challenges it, and some close to it cut, and were made. He said it was an when the body was found, it was abuse that had sprung up in mo- in the ditch where the gap was dern times, more out of the ten- made, and seemed to have been derness of law to the caprice of dragged a short way. It was found the prisoners than anything else. with a deep wound inflicted in the The mode of systematic challenges breast-apparently with a hatchet. which had been adopted was mon A short distance down from the strous.

place where the body was found a The motive which led to the hatchet was discovered. A person perpetration of this barbarous mur. named Butler was going in the der may be inferred from the direction of the place where the statement of counsel for the Crown. murder was committed. He came It appeared that the deceased in upon the road leading from Birr (Rody Kennedy) lived in a place to Cloughjordan, and a little above called Loughane, and occupied a where Harty's house is situated. house of considerable size and pre- After coming out, and having gone tension for a man of his class. ' In a short distance, he saw the prithis house also lived a man named soner running across the pasture Harty, with whom the prisoner field. He was at the time prowas living as a servant. Deceased ceeding with a hasty step, and on and Harty married two widows of turning the corner of Kennedy's the name of Kennedy, in whose field he could see him no further, right they came into possession for the angle intercepted his view. and occupation of a farm, which He walked on the road until he they tilled in several divisions be came opposite Loughane-house, to tween them. Deceased's wife by which a lane led.

When he got her former husband had three there, he saw the prisoner about children, two of whom the spot where the gap was newly daughters. It seemed that pre- repaired. He saw him as he advious to this tragical occurrence, vanced stop there, and raise his Kennedy disapproved of an inter hand as if to strike a blow, or course which had sprung up be. throw something at an object between the prisoner and the eldest, fore him. He then jumped into daughter, and he threatened her the ditch, where he was lost sight that if she had anything to do of. Butler next saw him stoop


You had your


after he jumped down, and strike ful! I sincerely hope the short something, but he could not see time which is left you to remain what from the place where he was. in this world, will be devoted to He afterwards saw him coming out that God whom you have offended, over the bank of the pasture field, and that Gospel which you have and after proceeding slowly, the insulted. You unhappy man, you prisoner crossed the ditch and have abundance to answer for passed into the scrub. Just at this without invoking His name; a moment, another person was upon more savage and barbarous murder the side of Walker's pasture was never committed than the one this was a woman, a sister of which you have been convicted of Walker, going to get milk by having perpetrated; and through stealth ; she said she saw Shea go God alone, who knows the secrets up at the scrub side, not far from of all human hearts, can you exthe body; she saw him go out piate the guilty crime you comof the spot where the hatchet of mitted on that unfortunate old the deceased was found.

The man, slaughtered -I may say evidence was altogether very con butchered-by you, in the most clusive as to the guilt of the pric inhuman manner. soner.

choice in the selection of your Mr. Hassard addressed the jury jury, and you were allowed every for the defence, but called no wii- privilege which it was possible to

allow a person in your situation. The Judge charged the jury, Unhappy man, this is a dreadful briefly recapitulating the evidence, crime you have to purge yourself and commenting upon it. The of. I know not that individual, jury returned a verdict of Guilty. be he ever so pure or be his life

On James Shea, alias Smyth, ever so well spent, that should not being placed in front of the dock, be prepared to meet that awful the Clerk of the Crown said, Judge. You sent that man to his James Shea, what have you to say great account; and the blood of why sentence of death and execu. that man, like that of the first tion should not be pronounced victim, cried unto heaven for venagainst you ?--Prisoner. I pro- geance. May I now beg of you, test to the Blessed Virgin that I unhappy man, to forget this world, had no hand in it. Oh, my Lord! for your days are numbered ; you spare my

life. (Here the prisoner must turn to Him to whom alone wept most piteously, and implored we must all look for mercy. With the crowded court to pray for his guilt so enormous, and proof so soul.)

clear, I should not be performing The learned Judge, addressing my duty were I to hold out any the unhappy culprit, said, “James hope to you of mercy in this Shea, otherwise Smyth, I most sin. world, and may God soften your cerely join in the prayer that the heart to meet that dreadful fate." Lord may have mercy on your His lordship then sentenced the soul. The exhibition which you prisoner to be executed. made the first day, when you pulled the gospel of God out of your pocket, and swore upon to your innocence, was truly aw

it as

SURREY SESSIONS-HOUSE. who acted as a conveyancer, and September 23.

who had completed the transaction

on the full assurance that the Earl Ashworth AND OTHERS v. Tue of Uxbridge would punctually pay EARL OF UXBRIDGE.

the annuities, and that no arrears Mr. Abbott, the under sheriff for would accrue. As, however, the the county of Surrey, sat at the money had not been paid, the Sessions House, Newington Cause- several plaintiffs had been comway, for the purpose of trying seven pelled to take their present course, actionsagainst the Earlof Uxbridge, though they did not know whefor the recovery of sums payable ther the verdict of the jury would under annuity deeds for annuities to produce any fruits to them or not, the several plaintiffs. The following as the defendant, by his position as is a list of the names of the plain- a peer-having been called to the tiffs and of the amounts claimed: Upper House in 1832 as Baron —“The Rev. Peter Ashworth (as Paget — was protected from the executor of Thomas Ashworth) v. consequences of such verdict, as The Earl of Uxbridge,” 961. 12s.; far as his personal liberty was “ Same v. Same," 661. ; ' Lovekin concerned. The Earl was heir to v. Same," 133l.; "Foster v. Same," the Marquisate of Anglesea, but 601. ;

Cooper v. Same," 239l.; had been called to the Upper "Cousins v. Same,”132l.;""Swin. House during the lifetime of his dall v. Same,” 661. Each of the father, a somewhat unusual course, above sums was the amount of one which might leave a doubt upon year's annuity. It was agreed that the minds of the jury whether the the verdict in the first case should defendant had been so raised to decide the others, the question in the peerage, in order that, as a volved being the same. Mr.James, legislator, he might benefit his barrister, appeared for the plain- country, or that he might himself tiffs; and Mr. Chambers for the enjoy the privilege of freedom from defendant. The jury having been arrest. The deed of annuity, dated sworn, the first case was taken.

the 8th of August, 1838, by which Mr. James said, that it was with an annual sum of 961. 12s. was reluctance the plaintiff had been granted to Thomas Ashworth, in compelled to proceed against the consideration of the payment of noble Earl, but he had hitherto the sum of 6901., was then put

in. been unable to obtain from him Mr. Thomas French, clerk to payment of the amount due on the Mr. Columbine, the plaintiff's atannuity. In some of the other torney, stated that up to the date cases the plaintiffs were persons in of the commencement of the action a humble station of life, who had there were four quarters' annuity advanced these sums to the Earl of due. The interest upon the unUxbridge, but were now unable to paid annuity, calculated from the obtain payment. The annuity in expiration of each quarter to the

now before the court date of the commencement of the amounted to the sum of 961. 12s., action, amounted to 31. 11s. 9d. the consideration for which was The plaintiff could have entered the payment of a sum of 6901. up judgment for the amount of That annuity, as well as the others, the annuity unpaid, but not for was negociated by Mr. Whitehead, the interest accruing upon that Vol. LXXXIV.


the case

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