in 1798; witness married a sister of Mrs. Gibson; Gibson kept an Inn at Shap; lived three years with Gibson as coachman; removed with him to Scotland. William Dalzell. - Lived in Dumfries; had known the King's Arms for 40 years; lived at the Inn in 1783; and left it in 1798; Thomas Clint was landlord in 1783, and until 1798; witness went as post boy to the King's Arms Inn; there were three head waiters in witness's time; the first was William Haslop, the second Smith, and the third Stevenson; Smith was waiter in 1787; there was no person of the name of Gibson as landlord or waiter in 1786 or 1787. Cross-examined. Recollected an English or Irish gentleman and a French lady, travelling with a black servant, and stopping at the Inn 37 or 38 years ago; did not see any other servant with them; did not recollect how long they stayed at the house; saw the French lady going up stairs; Clint was at the time landlord, and Smith head waiter; no servant about the house of the name of Gibson; the black servant alluded to was a woman servant. Thomas Langdon produced an attested copy of a bill from the Court of Chancery, in the cause of “O'Hara v. O'Hara," and the answer in the same cause; also various orders from the Court of Chancery, and a copy of the judgment in the Court of King's-bench; and orders to examine the hon. J. Preston of Liege, in Flanders, dated 18th of July, 1825. Deposition of hon. John Preston was then read by the Register. Was 72. Did not know any of the parties in the suit. He was brother to the late lord Gormanstown. a His sister Margaret, being at Lisle, on the 31st of October, 1786, hired French or Flemish woman as femme-de-chambre or waiting woman, called Rosalie ; did not know her surname ; did not know what wages she was to receive, but thought it was about six or eight louis a year. The witness did not know in what situation Rosalie was previous to her engagement with his sister. Witness went to Dublin in 1786, on being appointed guardian to his nephew; travelled in a carriage with his sister; Rosalie was not in the carriage with his sister; she and a man-servant were in another carriage. Rosalie did not leave her service voluntarily, but was turned off, his sister had no other maid-servant in 1786 or 1787; Rosalie never lived in the capacity of companion, nor as a friend or intimate; she was not, when hired, in a rank or situation to entitle her to keep company with his sister. Abraham Brewster esq.barrister. -Attended last trial, and was in Court, in Dublin, at the time, and took notes; recollected Mrs. O'Hara's answer to the question as to her education: she said she had been to school at a convent, and received an education suitable to a gentlewoman, and came over merely as a friend and companion to Miss Preston, and that her rank and situation was such in France as to entitle her to keep company with Miss Preston; she deposed that she practised lace-making partly for profit and partly for amusement. On a question from the jury, she admitted that familiarity is greater in France between the servants and masters, than in this country. The Bishop of Meath. Knew the late Mr. O'Hara intimately; Miss Jackson was witness's wife's sister, and niece and ward of lord O'Neill. Shane's Castle is eight miles from Crebilly, and Tullamore lodge is about a mile and a quarter from Crebilly; was present when the licence was obtained, and the usual oath was taken, swearing that there was no precontract or impediment to this marriage; they were married at Kildross, and afterwards went to Portglenone; they then resided at Jackson's-hall, near Coleraine, afterwards at Crebilly and in Dublin; they went to England about three years after; saw them there; had some conversation with O'Hara, after his wife's death, about his children. He introduced the children to him, and told witness they were illegitimate; witness, on that occasion, advised him to apprentice them out. J. Patrick, Surgeon in Ballymena.-Became acquainted with Mr. O'Hara in 1817, and was present in the church of Ballymena, when he was married by Mr. Babington, to Miss Sophia Duffin, in June 1819; Miss Duffin was daughter of Samuel Duffin, a farmer; the church was full at the time of the ceremony. Cross-examined. - Saw the caution against the marriage put up by the former wife. Three letters from the plaintiff, signed John Francis Hamilton to his father, were then proved and read. They related to insignificant subjects, and concluded with the phrase "your humble servant." Henry Murray.-Was witness to the lease granted to John Francis Hamilton, of 77 acres, for three lives at the rent of 301. dined frequently with him, and sometimes stayed at Crebilly for four or five days at a time, in 1787, 1788, and 1789; met a foreign lady there; she was called mademoiselle by Mr. O'Hara, and by witness, and servants; witness met many persons as visitors, but never any ladies. James Gray. Was surveyor of Customs at Portpatrick; knows John Johnson; he lives at Ballyhalbert; had opportunity for a number of years to know his character, especially since 1815; did not consider him worthy of credit on his oath. John Lockhart. - Knew John Johnson since 1815, at Portpatrick; knew him as a smuggler and informer, and would have great difficulty in believing him, unless he stated a very probable story. Sarah Knowland (her deposition taken by commission). - Was wife of the rev. Mr. Knowland; was 63 years of age, or thereabout; was acquainted with Mr. O'Hara, her relation, and intimate with him; but never saw him after his wife's decease; in the course of the summer of 1787, witness took an excursion, and wrote that she would visit him, according to his frequent invitation, but at the time did not know that he had any other person residing in the house, either male or female. Deponent waited at an Inn on the road, and received a letter from Mr. O'Hara, expressive of regret at not receiving her at Crebilly, as a person or female resided at his house with whom it was impossible she could associate. A copy of the will of the late Mr. O'Hara was then read, dated the 29th of March, 1803, in which, after two or three legacies, he devises his personal property to his The transaction occurred on the 9th September, 1823, at Lisnagourneen, which is situated about two miles from Kildorrey, and was the habitation of the Franks. Arthur Keeffe was married to a woman named Kearney, the daughter of James Kearney, by his first wife. In her right Keeffe had, or asserted, a right to considerable property after the death of Kearney. Kearney married a second wife, by whom he had children, and about the period alluded to, Henry Franks, son of Thomas Franks, was paying his addresses to one of the Miss Kearneys, and his marriage with her was actually agreed upon. On the 7th of September, the Sunday preceding the murder, a meeting was held near Mr. Lowe's house, at which the murder was determined upon. At that meeting Keeffe was present, and concurring. The murder being resolved upon, arrangements were entered into for carrying it into effect; and appointments were made for meeting in a potatoegarden, near the house at Lisnagourneen. Agreeably to this resolution, some of the murderers proceeded to the potatoe-garden, where others were collected before them. A whistle was then given, and parties arrived in different directions. After a time the party rushed into the house. The family had dined in their kitchen, and the cloth still remained on the table. This ruffian band instantly proceeded to effect their sanguinary object, and in a very short time the whole family was butchered. It would be proved, by four different persons, that Arthur Keeffe was present commanding the party, and whilst any life remained, crying out, "Boys, do your duty." He was dressed in a green coat, and held a whip in his hand. All the witnesses would depose, that the captain, whom they called Keeffe, wore a green coat, and had a whip, and that Keeffe was never afterwards seen in that green coat, although he had frequently worn it before. There was another minute circumstance. Keeffe had a dog of a particular description; a policeman who came from Kildorrey, upon hearing the transaction, saw this dog in a lane near the premises. As to Bourke, he was seen by almost all the witnesses. There was a curious circumstance connected with him. He had a shirt over his clothes during the transaction, which he left on the premises. This shirt the gardener's wife had washed, and hung on a bush, and in the evening Bourke was discovered taking the shirt from off the bush. Timothy Sheehan, an approver, 1 deposed that he remembered the night of the murder. Being desired to turn to the dock, and look if any of the persons, who had assembled on that occasion, were in it, after a considerable pause he identified Bourke, but he did not, he said, see any one else that was present. Witness described himself as having tried to save the Franks, but as he could not get any assistance, he ran back to the door. A man was standing near the table, who wore a green coat, and had a switch or a whip in his hand. Witness had seen this person at a meeting on Sunday, when he wore a pair of leggings. Being asked if he should know that man now, he replied that he should. He was then desired to turn to the dock and see if he was there. He did so, and immediately pointed out Bourke as the person. [An intense sensation pervaded the court at this identification, as it was generally supposed he would put the wand upon Keeffe.] The witness, on further examination, stated, that there were other persons at the murder, whom he knew then, but should not know now. On cross-examination by Mr. O'Connell, the witness stated that he was never frightened; that though he was examined before justices of the peace, he was never sworn till he came on the table. He was asked if he knew the name of the man he had identified, and he said he did not. Major Carter had pointed out a man to him at the guard-house at Donerail, where he was himself in custody, and Bourke is very like him. " I believe," said Mr. O'Connell, "they threatened to hang you yourself."-" They did, Sir," replied the witness; "there was one Dundon there, and he told me if I didn't turn king's evidence they would hang me, and so I did." "And you would swear any thing to save your life?"-" I would, Sir." Edmond Glareen, a resident under the same roof with the Franks family, identified both the prisoners, and stated, that, on the evening of the murder, Bourke, in company with another, called him out of the house, and employed him to tell three other men, who lay concealed a short distance off, that the Franks were at home. He and his family were then compelled to go to bed in the part of the tenement which they inhabited, where they remained till the murder was over. He had known both the prisoners previously, as residing in the neighbourhood. On the departure of the party, the witness said he rode to Kildorrey, and gave the alarm. The witness was cross-examined at great length, respecting some apparent discrepancies in his evidence respecting Keeffe, owing to there having been two of that name present, which caused some confusion in his statement, and also respecting the localities, but nothing material was elicited. He further stated, that, as near as he could guess, it was twelve months after the murder that he told the police he could give information about it. He was in custody himself at Donerail and in Cork, charged with this crime. Walsh, one of the persons concerned in it, was gone to England. He afterwards admitted that he knew the murder was to take place three weeks before it was perpetrated, but concealed it from fear. He denied that he had received any money from Mrs. Kearney to swear against Keeffe, though he knew they were on bad terms, and denied being influenced in giving his evidence by the hope of a place in the police. Mary Myers, who lived with the Franks family, was in the kitchen on the fatal evening, and described several circumstances of the murder, which she witnessed from beneath a table. She identified Arthur Keeffe as present, and inciting the rest of the assassins " to do their duty." On her cross - examination she admitted having once sworn before two magistrates that Keeffe was not there. She swore so to save Keeffe's life, whom she had long known. She is 19 years old. She thinks God would forgive a false oath that saved a man's life, but not one that took it away. Edward Magner was one of the party at the house the night of the murder, and confirmed the last witness respecting Keeffe's words to the gang. On crossexamination, this miscreant admit ted that "he would take the life of a sucking child, and wade up to his neck in blood, if ordered." He also admitted that he had, since the murder, expressed his regret that "he had not killed the little girl;" he left the house after the murder, at eight o'clock. Mary Glaveen, a servant of the Franks, identified Bourke as one of the six men who guarded her while the murder was acting. Andrew Batwell, esq. a magistrate, and William Brett, a policeman, also proved the description given by some of the witnesses of certain particulars in the dress, &c. of Keeffe to be correct. For the defence C. L. C. Williams, Esq., George Smith, and the Rev. T. Nash, gave Keeffe a good general character for honesty and sobriety; and Patrick Nayler did the same towards Bourke. His lordship then summed up, commenting upon the material points, when the Jury found both prisoners Not Guilty. |