Mott. My lord, and gentlemen of the jury, I hope you will bear in mind the evidence of Huey; it is every word of it false, and I, I assure you, am innocent. Seal. My lord, I am perfectly innocent, and the evidence given against me is false. I leave my case altogether in the hands of your lordship and the gentlemen of the jury.

Mr. Clarkson.I now, my lord, am going to show that the witness Dupont and Missell were mistaken with respect to the prisoner Jourdan.

Witnesses were called to prove an alibi for some of the prisoners. The jury returned a verdict of Guilty against all the prisoners, but recommended Mott and Seal to mercy, on the ground of their previous good character.

The sum of 900l. found at Huey's lodgings was ordered to be given up to the Custom-house.

He

Bagenalstown, on horseback, to our house, about 11 o'clock. remained there about a couple of hours. I accompanied him from my own house to Clogrennan. We went in my gig. He left his horse at our house I parted with him at Clogrennan. I met him there again, between six and seven o'clock in the evening. We returned to Bagenalstown. We parted at our house. I think he remained there about a quarter of an hour. He took his own horse to ride home to Borris. I know the rev. Mr. Phelan, he was in company with the deceased that evening. Kilgreany-bridge is about three miles from Bagenalstown, and in the direct road to Borris. The deceased and I stopped at Leighlin-bridge at the rev. Mr. Kehoe's; we remained there half an hour or more. I think he got some negus or punch at Clogrennan, and he put it to his lips, and drank some one's health. He was perfectly sober.

The rev. Mr. Phelan confirmed this.

Brien Kavanagh. I recollect the night of Mr. Walsh's death. I was coming from the colliery. I was accompanied by a man named Lawler; we had two cars. I observed a bulk on the middle of the road. It was about eleven o'clock at night, about seven or eight yards from the bridge. The horse refused to go, and I got out of the car and led him by. The horse started. I was coming from Borris side. I heard a horse before I came to the bulk. I was then lying in the car. I heard a moan from the bulk on the road.

Cross-examined.-I heard a horse before I came to the bridge. The horse, as I conceived, was going on towards Borris. I know the

turn at Kilgreany-bridge; there is a sharp turn on the road.

Dr. Toomy.-I am a surgeon. I examined part of the body of deceased after his death. About two o'clock on the day the body was found I made the examination at Borris. I first saw on the head a lacerated and contused wound low down behind the ear. That injury was quite sufficient to cause his death. There were two other contused wounds, one of which had the cuticle a little scratched, which sometimes appears after an oblique blow. The three wounds appeared to be perfectly distinct. I continued the examination, and removed the skull-cap, and found an extensive fracture on taking out the brains. There were fractures among the small bones of the nose, but on further examination I found that the internal angle of the right eye was injured. The injuries sustained behind could not have produced those injuries. A kick from a horse or fall could not produce those appearances. I think the wounds behind must have been from a blunt instrument, and attended with considerable violence, he was a stout robust man; I never heard he had a tendency to apoplexy.

Cross-examined.-I heard that father Walsh got a kick from a horse on the head, by which his sight was injured; that was some years ago.

Dr. Fitzpatrick examined.-I assisted the last witness in examining the body of Mr. Walsh; there were three contusions on the posterior part of the head, and another over the ear. I think they must have been inflicted by some blow from a heavy blunt weapon. There must have been more than

one blow given, These wounds could not be accounted for by supposing that the deceased had fallen off his horse, In that case there would have been some corresponding injuries upon the knees, arms, or other parts of the body.

Cross-examined.-I believe I said at the inquest that the injuries on the deceased might have been occasioned by a fall from his horse; but my whole answer was not taken down. I have practised extensively in the neighbourhood of Graigue and its dispensary.

Dr. Kehoe.- I examined the skull of the deceased the Monday after his death. I found a fracture of the inferior and posterior angle of the parietal bone, which extended to the temporal bone: the whole of the skull was extensively fractured, and there was also a portion near the eye, which I am told, however, was occasioned while the examination was going on. I had not seen the soft parts of the skull in time, and can form no opinion if a fall from a horse could have caused the injuries.

Mr. John Forth, county surveyor, proved the accuracy of a map produced on the trial, which showed the relative position of the places referred to by the evidence. The two routes to Sly's house, from Kilgreany-bridge, differed in distance more than four miles.

Stephen Perrin.—I am servant to Mr. Kavanagh of Borris. I recollect the night before the body of the deceased was found. I recollect the prisoner, who is my uncle, coming to Mr. Kavanagh's house about eight o'clock; he remained until about twenty minutes to ten. I accompanied him out, and we went to Mrs. Byrne's, in the village. It is a public-house, We drank there in the parlour,

inside the shop. We remained upwards of half an hour there; we then went up to my mother's for his pony, and walked it. We went back again to Mrs. Byrne's. Going and returning from Mr. Kavanagh's he walked, He did not make any complaint of having received any injury on his forehead. I did not see any accident occur to him. When he left Mrs. Byrne's the second time it was a quarter to eleven o'clock, and he then proceeded in the direction of home.

Solomon Lennox.-I am in Mrs. Byrne's employment. She lives in Borris. I remember the night on which the deceased was murdered. The prisoner came into the house, and I saw him there about half-past nine, accompanied by his nephew. They left the house at half-past nine, and at that time the prisoner had no mark on him. He said he was in a great hurry, as he had a quick journey He had the marks of terror and fear in his counte

to go.

nance.

Cross-examined.—I swore at the coroner's inquest about the fright and terror in Sly's countenance; was putting up the shutters when he went out. It is not usual to close the door of a public-house so early as half-past nine o'clock. Never swore that the prisoner came into the house at half-past eight.

This witness repeatedly contradicted himself.

Matthew Murphy examined.-I know the prisoner. I recollect the night Mr. Walsh was killed. I saw the prisoner passing Kilcomny, going towards Kilgreany. That was not his way home. He was riding. He had passed by a turn in the road which would have led

him to his own house. He went in a direction contrary to his own house.

Cross-examined. I have had no place of abode these twenty years. I lived in Ballinakill, I never told any thing about seeing the prisoner until two months ago. Lived in the neighbourhood before, and heard of the coroner's inquest. Never heard of Anne Rooney. Might have kept worse company. Heard of the reward. Would not take any money unless I earned it. I accosted Sly on the road, but I cannot say what answer he made. He passed between nine and ten o'clock. I have no watch.

I

Hugh Corrigan examined.—I am in the constabulary of Louth. In July last I was stationed in Ballinree. I knew the prisoner at the bar. I was stationed an English mile from his house. saw him on the night of the 30th of July, between 11 and 12 o'clock. I was right opposite his place, having been sent with a letter to Fenagh. It was there I met him. He was riding fast at a handgallop. After this I was on duty at Sly's house. Sub-constable John Clanston asked me to go for an hour to relieve him. Two policemen had been sent to the prisoner's house for protection immediately after the inquest at Borris. I went to Sly's house about the early part of September. Had gone to him different times before on service. On the morning I went, in September, to Sly's house, I walked near his yard for about twenty minutes. I heard the noise of a horse coming in, but did not particularly mind it. Soon afterwards I saw Sly crossing from his dwelling-house rapidly into the stable. I thought it was Mr. Newton, and waited a short time.

I stood, thinking they were coming to the house, but as they did not, I went on close to the stable, and heard voices. I knew Mr. Newton was not there. The conversation was carried on as if in common discourse. The first words I overheard were Sly's uncle saying, "Archy, you are an unfortunate man to have any thing to do in this business, for, so sure as Aby Wynne is taken, and before he is a week in gaol, he will inform against you all, and you will be every man hanged." The prisoner made answer, "Never fear, he never will, for he is the man that used the hammer and killed him; and from the time I left Hugh Style's place, until I came into this bawn, I never met a soul but one." The old man made answer, and said, "If they were all like poor Styles, you need not fear.' I heard the feet coming to the door after this, and I threw myself out of the position in which I was standing. Sly came to the door, and said, "Good morrow to you, Hugh." We said, "Good morrow kindly;" he said then, "My poor uncle heard that we were all taken and sent to Carlow gaol; but I defy them all for anything they can do to me." I did not give any information upon this subject to my commanding officer. I was preparing for confession, and told the conversation to my priest. My informations were afterwards sworn before Mr. Blackney.

Mr. Martley. I certainly envy very much the accuracy of memory

you

have evinced upon this occasion, for what you have sworn now coincides to a letter with what you swore in your informations in November last. Your accuracy is most surprising, and your memory bids fair for immor

tality. Were you ever in the gaol of Louth-Witness.-I was, but I am not ashamed of that.

Mr. Martley. Indeed, I am sure you are not ashamed of anything. Did you commit the conversation to writing ?-I did not. Can you tell the day of the week this conversation occurred?-I cannot. That is very strange for a man of your surprising powers of recollection. How did you re

member it?-I never intended to swear against the prisoner, until I was preparing to confess to the priest. Did you repeat the conversation as often as your prayers? -I did not, but the moment I heard the expression, I thought Sly was guilty of murder. You make an affectation of religion, and yet it never occurred to you to tell that a Roman Catholic clergyman had been barbarously murdered? (No answer.) Were you not bound by the oath you swore, as a constable, to obey the laws of God and man, and to disclose all violations of the laws ?— Nothing was mentioned upon this subject, as I recollect. It is strange you do not recollect. Did you speak to Mr. Moloney on the subject, when you heard Sly allude to the paper which he conceived Byrne had given to Mr. Moloney?

Did

I did not. Were you examined at the coroner's inquest?—I was not; not until afterwards. not Sergeant Patterson, in his book, return you as having been in the barracks at 11 in the night Mr. Walsh came by his death?

He did. Did you not swear that you saw the prisoner the same night leave his own house at 12 o'clock ?-I did, but Sergeant Patterson made a wrong entry. When did you complain of this false entry?-Not until

lately. And why did you do so then?-I cannot say. Oh! it was not because the entry would have falsified your statements on the trial? (No answer.)

Baron Smith, in the most impressive tone, said-If you expect to be saved, answer the question at once. Witness.-I never complained until lately. I thought nothing about it.

Mr. Martley. You knew that Sly was charged with the crime of murder at the coroner's inquest, and did you then attend?-No. Do you know Anne Rooney?— Yes. Were you present when she swore against the prisoner, Styles and Wynne ?-I was.

Was not

Sly then fully acquitted?—Yes. And yet after this it was, that he spoke of the danger that he would be arrested? (No answer.) you ever hear of the reward?-I have seen it in print. Did you

Did

ever hear of the amount ?—It was a good penny. Why did you not inform against Sly before?-Because I considered that he would be convicted on other evidence, and I also heard that he had fired at a soldier.

Baron Smith looked at the informations sworn by the witness, and said, it was most remarkable that he, after the lapse of a considerable time, stated the conversation between Sly and his uncle in the identical terms that appeared in the informations. This was the more singular, as the witness said he had not committed the conversation to writing.

James Doyle examined. I remember the night the rev. John Walsh was killed; I was at that time in Mr. Sly's service; my master went on the 30th to the petty sessions; I went to bed at nightfall, before my master re

turned; I did not lock the door before I went to bed, because I had orders not to do so when he was out; the following morning I got up and went to the prisoner's room to see if he had come home; he was then in bed, and desired me to go of a message; on my return I went to him again, and then remarked a red stroke about his forehead; he said, he was at Mr. Kavanagh's avenue on horseback, and, when returning, he struck his forehead against a bough; he remained in bed that day while we were at dinner; Pat Fleming was the boy who was with me; we slept in the bed in the kitchen; on Friday night I went to bed about nightfall; I awakened during that night, which was the one after the rev. Mr. Walsh was killed; I heard the noise of a horse coming up to the door, and the latch of the door was raised; the person said, "Uncle, are you in bed?" The prisoner replied, "I am; is that Frank?" Sly then opened the door, and I heard him say, "How are you, Mr. Cardiff?" He then desired Frank Perrin to put the horses in the stable; Frank replied, that it would not be worth while for the short time they would stop; the prisoner then went for chairs from the parlour, and he brought them into the kitchen; he then desired the other two men to sit down. Sly had some discourse with them; the candle was lighting at this time, and Perrin came to the settle-bed and looked upon me and the other boy; he then said, "The two boys are fast by the eyes, anyways;" the prisoner observed to the others, "If you beat a drum at their ears they would not hear it ;" he then said, "I am told you have dread