TIPPERARY SUMMER

ASSIZES.

NENAGH.

James Shea, alias Smyth, was placed at the bar, charged in two counts with the wilful murder of Rody Kennedy, of Loughane, in this county, on the 21st of May last. Before a jury had been completed, the agent for the prisoner had exhausted the challenges. His lordship seemed much dissatisfied with the indiscriminate manner in which the challenges were made. He said it was an abuse that had sprung up in modern times, more out of the tenderness of law to the caprice of the prisoners than anything else. The mode of systematic challenges which had been adopted was mon

strous.

The motive which led to the perpetration of this barbarous murder may be inferred from the statement of counsel for the Crown. It appeared that the deceased (Rody Kennedy) lived in a place called Loughane, and occupied a house of considerable size and pretension for a man of his class. In this house also lived a man named Harty, with whom the prisoner was living as a servant. Deceased and Harty married two widows of the name of Kennedy, in whose right they came into possession and occupation of a farm, which they tilled in several divisions between them. Deceased's wife by her former husband had three children, two of whom were daughters. It seemed that previous to this tragical occurrence, Kennedy disapproved of an intercourse which had sprung up between the prisoner and the eldest daughter, and he threatened her that if she had anything to do

with the prisoner he would turn her out of the place. From the evidence which transpired, it appeared that the deceased, Rody Kennedy, on the morning on which he lost his life, had gone out for the purpose of repairing a gap which had been made and admitted trespass into his pasture. This was near Walker's scrub, and it appears that Walker's cattle had trespassed upon Kennedy's pasture. A gap was found in part made; some bushes were laid upon it, and some close to it cut, and when the body was found, it was in the ditch where the gap was made, and seemed to have been dragged a short way. It was found with a deep wound inflicted in the breast-apparently with a hatchet. A short distance down from the place where the body was found a hatchet was discovered. A person named Butler was going in the direction of the place where the murder was committed. He came in upon the road leading from Birr to Cloughjordan, and a little above where Harty's house is situated. After coming out, and having gone a short distance, he saw the prisoner running across the pasture field. He was at the time proceeding with a hasty step, and on turning the corner of Kennedy's field he could see him no further, for the angle intercepted his view. He walked on the road until he came opposite Loughane-house, to which a lane led. When he got there, he saw the prisoner about the spot where the gap was newly repaired. He saw him as he advanced stop there, and raise his hand as if to strike a blow, or throw something at an object before him. He then jumped into the ditch, where he was lost sight of. Butler next saw him stoop

after he jumped down, and strike something, but he could not see what from the place where he was. He afterwards saw him coming out over the bank of the pasture field, and after proceeding slowly, the prisoner crossed the ditch and passed into the scrub. Just at this moment, another person was upon the side of Walker's pasture this was a woman, a sister of Walker, going to get milk by stealth; she said she saw Shea go up at the scrub side, not far from the body; she saw him go out of the spot where the hatchet of the deceased was found. The evidence was altogether very conclusive as to the guilt of the pri

soner.

Mr. Hassard addressed the jury for the defence, but called no wit

nesses.

The Judge charged the jury, briefly recapitulating the evidence, and commenting upon it. The jury returned a verdict of Guilty.

On James Shea, alias Smyth, being placed in front of the dock, the Clerk of the Crown said,James Shea, what have you to say why sentence of death and execution should not be pronounced against you?-Prisoner.-I protest to the Blessed Virgin that I had no hand in it. Oh, my Lord! spare my life. (Here the prisoner wept most piteously, and implored the crowded court to pray for his soul.)

The learned Judge, addressing the unhappy culprit, said, "James Shea, otherwise Smyth, I most sincerely join in the prayer that the Lord may have mercy on your soul. The exhibition which you made the first day, when you pulled the gospel of God out of your pocket, and swore upon it as to your innocence, was truly aw

ful. I sincerely hope the short time which is left you to remain in this world, will be devoted to that God whom you have offended, and that Gospel which you have insulted. You unhappy man, you have abundance to answer for without invoking His name; a more savage and barbarous murder was never committed than the one which you have been convicted of having perpetrated; and through God alone, who knows the secrets of all human hearts, can you expiate the guilty crime you committed on that unfortunate old man, slaughtered - I may say butchered-by you, in the most inhuman manner. You had your choice in the selection of your jury, and you were allowed every privilege which it was possible to allow a person in your situation. Unhappy man, this is a dreadful crime you have to purge yourself of. I know not that individual, be he ever so pure or be his life ever so well spent, that should not be prepared to meet that awful Judge. You sent that man to his great account; and the blood of that man, like that of the first victim, cried unto heaven for vengeance. May I now beg of you, unhappy man, to forget this world, for your days are numbered; you must turn to Him to whom alone we must all look for mercy. With guilt so enormous, and proof so clear, I should not be performing my duty were I to hold out any hope to you of mercy in this world, and may God soften your heart to meet that dreadful fate." His lordship then sentenced the prisoner to be executed.

September 23

ASHWORTH AND OTHERS v. THE

EARL OF UXBRIDGE

Mr. Abbott, the under sheriff for the county of Surrey, sat at the Sessions House, Newington Causeway, for the purpose of trying seven actions against the Earl of Uxbridge, for the recovery of sums payable under annuity deeds for annuities to the several plaintiffs. The following is a list of the names of the plaintiffs and of the amounts claimed: -"The Rev. Peter Ashworth (as executor of Thomas Ashworth) v. The Earl of Uxbridge," 967. 12s.; "Same v. Same,” 667. ; “ Lovekin v. Same," 1337.; "Foster v. Same," 601. ; Cooper v. Same," 2391.; "Cousins v. Same," 1327.;" "Swindall v. Same," 661. Each of the above sums was the amount of one

year's annuity. It was agreed that the verdict in the first case should decide the others, the question involved being the same. Mr. James, barrister, appeared for the plaintiffs; and Mr. Chambers for the defendant. The jury having been sworn, the first case was taken.

Mr. James said, that it was with reluctance the plaintiff had been compelled to proceed against the noble Earl, but he had hitherto been unable to obtain from him payment of the amount due on the annuity. In some of the other cases the plaintiffs were persons in a humble station of life, who had advanced these sums to the Earl of Uxbridge, but were now unable to obtain payment. The annuity in the case now before the court amounted to the sum of 967. 12s., the consideration for which was the payment of a sum of 690%. That annuity, as well as the others, was negociated by Mr. Whitehead, VOL LXXXIV.

who had completed the transaction on the full assurance that the Earl of Uxbridge would punctually pay the annuities, and that no arrears would accrue. As, however, the money had not been paid, the several plaintiffs had been compelled to take their present course, though they did not know whether the verdict of the jury would produce any fruits to them or not, as the defendant, by his position as a peer-having been called to the Upper House in 1832 as Baron Paget -was protected from the consequences of such verdict, as far as his personal liberty was concerned. The Earl was heir to the Marquisate of Anglesea, but had been called to the Upper House during the lifetime of his father, a somewhat unusual course, which might leave a doubt upon the minds of the jury whether the defendant had been so raised to the peerage, in order that, as a legislator, he might benefit his country, or that he might himself enjoy the privilege of freedom from arrest. The deed of annuity, dated the 8th of August, 1838, by which an annual sum of 961. 12s. was granted to Thomas Ashworth, in consideration of the payment of the sum of 6901., was then put in.

Mr. Thomas French, clerk to Mr. Columbine, the plaintiff's attorney, stated that up to the date of the commencement of the action there were four quarters' annuity due. The interest upon the unpaid annuity, calculated from the expiration of each quarter to the date of the commencement of the action, amounted to 31. 11s. 9d. The plaintiff could have entered up judgment for the amount of the annuity unpaid, but not for the interest accruing upon that

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vessel sailed. On the 1st of December they were off Holyhead, and at that time the deceased was very unwell, and had been so for some days.

He was in his berth.

Early in the morning of Thursday, the 1st, Reynolds went below into the deceased's birth, and told him to prepare breakfast.

The

deceased said he was very ill and was unable to get up; to which Reynolds replied, "You skulking there is nothing the matter with you." To that the deceased answered, Really, Sir, you do not know my feelings." Reynolds then said, "You lazy fellow, if you don't attend to my orders I will send down some tackle and bouse you up." He then went away. At that time witness was in his bed in the forecastle. The prisoners, Barnes and Sole, were also there. After Reynolds went away the deceased was groaning, and he (witness) heard Barnes say, "If you don't hold your noise, I'll put a rope's end round your neck." To which Sole and Deane replied, "If you put the rope round his neck we will haul the A rope's end was then put down into the forecastle, upon which Barnes laid hold of it and put it round the deceased's neck. He was at that time lying at full length in his bed. The rope was then pulled tight round his neck, and some persons on deck pulled him forcibly from his berth. As soon as the rope was put round the deceased's neck, Deane, who was in the forecastle at the time, said he would go on deck and haul him up, and it was after he left the forecastle that the deceased was pulled up. The carpenter, who was also in the forecastle, called out, "Avast, hold the rope, you'll strangle the man," and jumped

up."

out of his berth, seized the rope, and took it from the deceased's neck. He then placed it round his chest, upon which Sole called out, "Now haul up." They then began to haul the man up, and in doing so struck his head against the scuttle. The deceased was hauled upon deck, and about 20 minutes afterwards was brought down into the forecastle by the prisoners, Sole and Deane, and placed in his berth. Shortly afterwards witness went to look at him, and found him quite dead. His eyes were closed and his mouth open. He thought the deceased was dead when they brought him down.

Cross-examined. The deceased had for two or three days previous to his death complained of violent pains in his stomach. Witness's berth was immediately under the deceased's. The occurrence took place between 6 and 7 o'clock. It was getting light.

By Mr. Baron Alderson.-The deceased had on only a worsted shirt, a pair of stockings and short drawers, when pulled from his bed.

Henry Nieumann, carpenter on board the Clydesdale, gave similar testimony.

Joseph Bull, a seaman, stated that on the morning in question he was in his berth, when he was disturbed by Reynolds endeavouring to arouse the deceased, who replied, "You do not know my feelings-you may bouse me up if you like." Shortly afterwards he saw the deceased pulled out of his berth by a rope which was tied round his neck. When pulled out of bed he fell with his body upon the chest, and his head upon the hatchway-door. The carpenter removed the rope from his neck, and