was attacked, but that other houses in the neighbourhood were attacked in the same way. him persevering in the same account a month after, charging men, with whom he was well acquainted for years: his wife was also acquainted with them, as was the boy, of whose judgment you can form an opinion, and whether he does not appear sufficiently sharp and ripe in understanding for his years. You will determine, whether this evidence is the effect of conspiracy, or the result of conviction upon this man, his wife, and son, or whether they are mistaken with respect to persons whom they have so long known. Gentlemen, to oppose the evidence of the witnesses for the crown, you have the testi those who state where the prisoners passed their time, and who, if they gain credit from you, cover the time of the transaction; and it is for you to determine whether these witnesses deserve credit or not, and which class of witnesses you believe, those for the prosecution, or those for the prisoners. There is one portion of the witnesses for the prisoners, from whom very little favourable to them can be extracted. Those who state, that their houses were attacked upon the same night; their object was to show, that their houses were attacked by the same men, and that the prisoners were not among them. What does their evidence amount to? that one set of men attacked all their houses that night; but can such an account satisfy you, that it was impossible for the prisoners not to be there? You will determine, whether any of those witnesses had such an opportunity of seeing every one who was at their respective houses, as to be able to swear positively, he saw them all, and that not a man was there, whom he ever saw before; that deserves consideration in the state in which this unhappy country now is. Gentlemen, you are to determine, upon the whole of the evidence, whether the prisoners, or either of them be guilty or not. Without again going through the charges minutely, I may tell you, that if you believe the evidence of Peter O'Neil, his wife, and his son, capital charges are made out against both the prisoners. The fact of disturbances prevailing in the county, is established by the testimony of two magistrates; and there is abundant evidence, that even on the very same night, and in the very same neighbour-mony of the witnesses for the prisoners; first, hood, similar enormities were perpetrated: it is even made part of the defence of the prisoners, and therefore you cannot doubt, that assemblies of an illegal nature, calling themselves Threshers, have existed. As to whether any party of them visited the house of Peter O'Neil, you will say what your judgment is. One witness says, he does not believe they were there; but you will determine, whether he has discredited himself. All the other witnesses show, that similar facts were committed; that O'Neil's house was visited by them, is not only probable, but is positively sworn to by him, and indeed seems to be a fact not doubted. All the witnesses, save one, agree that it was attacked in the way he states; the report of it was spread through the country; it was heard by all, and there is no reasonable doubt of the fact. Then, gentlemen, as to the particular outrage committed upon O'Neil, you find him in the presence of Mr. Soden, the magistrate, acting a reluctant part: affected by the terror, which prevailed through the country, and submit. ting at last to be examined; when the power of the magistrate was exercised in drawing up a summons requiring his attendance; and finding there was a power to force him to a disclosure of the facts, he gives information, and exhibits his back, tortured as he had been, with the appearance of raw and sore flesh; so that there seems to be no doubt that his house was visited in the manner he stated; for all the witnesses (except one), for the prisoners admit it, and that a cruel torture was actually inflicted upon him. Then, if you believe that he charges these men, now upon trial, falsely, you must believe that he, his wife, and his son, are joined in a conspiracy to take away the lives of the prisoners, innocent men, because he received that cruelty from others! No malice towards them appears to exist: no particular motive is shown why he should be desirous of throwing such an offence upon men guiltless of the crime. You will determine whether any man can be capable of such conduct, and whether O'Neil, his wife, and son, are joined in a conspiracy against innocent men, and to charge them with a fact committed by others. You find, that shortly after the fact, O'Neil gave information of it rather unwillingly. You find Gentlemen, a personal attack is made upon the character of O'Neil; you will judge with what force. His testimony is corroborated by his wife and his son: perhaps the corroboration of a wife is not much; but they agree in the facts. See then, in what circumstances his character is impeached: one witness states, that he actually saw him steal leather, and this happened nine years ago. You do not find that he fled the country; that he was solemnly accused, or avoided trial. The charge rests upon the single testimony of that witness; and with regard to the fact, you will see that O'Neil could have had no notice of its being brought forward this day, so as to defend himself; and consequently he is not able to bring witnesses upon the subject. The charge is therefore only capable of a flat denial, which is given to it by O'Neil. You will then consider, how far his credit is affected by the circumstance. His credit is again attacked, by stating, that he took an oath to pay money, and violated the oath. You may well distinguish between a man's making a promise of that nature, and coming in a solemn way to depose against the life of another in a court of justice. But what is the fact, a balance of a crown remains due by him: he offers his word; the man hesitates, and then O'Neil swears he will pay him in eight days: he does not see him for a fortnight, and when pressed he pays the money. shows, that much industry has been employed This to scrutinize the character of the man; with what success you will determine. Then with regard to the fact of his having gone by another name, he denied it, and said, he always went by the same name. Hodson states, that eight or nine years ago, he went by the name of M'Donough. This rests upon the testimony of Hodson alone. person appears to have known him by that No other name; he has lived in the country ever since, the parties seek to impeach his credit in every way they can, and Hodson is the single person who can state the fact. One would think, it would not be difficult to procure witnesses to prove that a man was known in his neighbourhood by a particular name; no other witness is produced, and it is stated, that this fictitious name was assumed on account of one Jolinson, for whom O'Neil harboured a young woman, for the purpose of concealing a seduction, not cominitted by himself, but by Johnson. It seems odd enough, that he should for such a purpose assume another name, but that is the account given of it, by the only witness who has been examined to the fact, though from the scope of the defence it is manifest that considerable exertion has been used to attack the character of O'Neil, and it is observable, that though he was interrogated with respect to the change of name, the circumstances afterwards stated were not brought to his attention, Johnson's name was not mentioned to him, nor the affair of the young woman. mentioned, it is possible he might have given If these had been a satisfactory explanation, and have shown, that nothing immoral attached to him. You will observe also, that neither his wife, nor his neighbour who appeared as witnesses, were examined to that particular fact. therefore, you will judge, whether this last And, charge affects in any degree the credit of the prosecutor. [58 deliberating for an hour and a quarter, came The Jury retired at ten o'clock, and after out and asked the Court, whether they could convict one of the prisoners, and acquit the other. there was no law to prevent them from making such a distinction. They might convict Mr. Baron George informed them, that might convict both prisoners or acquit both, oue prisoner, and acquit the other. They as in their consciences they thought right. ing further for half an hour, returned a verThe Jury again retired, and after deliberatThe Court adjourned at near twelve o'clock dict of Nor GUILTY as to both the prisoners. at night, to ten the next morning. Saturday, December 6, 1806. that he with others, on the 15th of NovemTHOMAS BRENNAN was indicted, for ber in the 47th year of the reign, &c. after sunset and before sun-rise, did forcibly, maliciously, and feloniously break into the dwelling house of George Brett, and did take and carry away three guns, value 31. and one pistol, value 5s. the arms goods and chattels of George Brett. He was also indicted for a by threats and violence, &c. burglary and for causing arms to be delivered jury being sworn, he was given in charge to The Prisoner pleaded, Not Guilty, and a them. Jury;-It is my duty, in this case, to state to Mr. Solicitor General.-Gentlemen of the you the facts, by the proof of which the present indictment will be supported, and I shall are general topics suggested by the unfortudo very little more than state them. nate situation of your country which it is of There great importance publicly to discuss and enforce; but the able and eloquent address which my right honourable and learned friend more than unnecessary, that I should tread in delivered yesterday in this court, renders it his steps, and perhaps efface his impressions: Upon the whole, gentlemen, if you believe discharged in such a manner, that nothing is whatever duty devolves upon him is always the testimony of the witnesses for the pri- to be added by those who follow him.—I will soners, which goes to show where they pas- not affront him, or the public of this county, sed the night, and which covers the time of by doubting that what fell from his high authe transaction stated by O'Neil, his wife, thority, and his higher character, enforced by and son, then you must suppose, that they his admirable talents, and more admirable are mistaken, one and all---or, you must be- feelings, has had a due effect upon all classes lieve, that they are joined in a conspiracy to of his auditors. I take it for granted, if any revenge what they have sustained from others ignorance has prevailed, or if any unfounded against innocent people. If you believe that, misrepresentations have been circulated upon you should acquit the prisoners. other hand, you believe, that the witnesses such ignorance is now exposed, and that the If, on the the subject of your duties, and the laws, that for the prisouers have sworn falsely, and if dupes of such misrepresentations are disabusyou believe the account given by O'Neil, his ed. I will not suffer myself to doubt that wife and son, respecting the outrage, it will such of the lower orders of this country, as be your duty to say that the prisoners are guilty of the capital charges stated in the in-persuaded of their folly, and penitent for their had the good fortune to hear him, are now dictments. crimes. Still more am I convinced, if there existed among persons of a higher description, any individuals infatuated enough to abet, countenance, or connive at the outrages which disgrace your county, that those shortsighted and profligate men will now open their eyes to the frenzy and wickedness of such conduct. If the base influence of an unworthy panic has been capable of relaxing the vigour, or neutralizing the activity of any man in this critical moment, which calls for the vigour and activity of all, I am confident that such an abject principle stands now abashed and rebuked. But above all do I persuade myself, that every loyal and honest man now feels himself cheered and inspirited, assured of the efficacy of the laws and confident in the protection of the government. The prosecutors in this case are young men of the name of Brett. They reside in the house of their father, not very far from this town; they are persons of decent and orderly character, and in consequence of their distinguished loyalty upon all occasions, they had been entrusted with arms for the protection of their persons and property.-To seize those arms, became an object to the banditti of miscreants, who now infest this country, and within this fortnight, upon the day laid in the indictment, the habitation of this peaceable and innocent family was assailed by a numerous assemblage of those ruffians, among whom the prisoners at the bar was particularly active. They demanded the arms: the Bretts refused them---they fired into the house, and in vain attempted to force it--the old father was wounded, hut the fire was returned by his sons-and so spirited was the defence, that the attack would have proved ineffectual, if the assailants had not threatened to burn the house and partly carried their threats into execution. Then, and not till then, did those gallant young men surrender, and give up those arms which their courage had showed them so worthy to carry. The triumphant party retired with their spoil, and the prisoner at the bar has been since ap. prehended in consequence of the prosecutors following up their spirited resistance, by giving information to a magistrate. Such are the few facts of the present case. The offence imputed to the prisoner, is by the laws of the land most properly made capital; and if his guilt shall be proved to your satisfaction, he must atone for it with his life. You will hear it proved by evidence which, if my instructions do not deceive me, must satisfy your minds. If you shall believe that evidence, the highest duties and the most solemu obligations call upon you to convict the prisoner. If you do not believe it, you are bound to acquit him. If you entertain a doubt of his guilt, you are also bound to acquit him; but you will remember, gentlemen, that such a doubt as warrants an acquittal, must not be light or capricious; such as timidity or passion prompts, and weakness or corruption readily adopts: it must be such a doubt, as upon a calm view of the whole evidence, a rational understanding will suggest to an honest heart;-the conscientious hesitation of minds, not influenced by party, preoccupied by prejudice, or subdued by fear. Believe me, gentlemen, that upon the discharge of the duties of jurors, much of the fate of your country depends. In vain are those vigorous laws in force, which have been so maliciously represented and so credulously believed to have expired-in vain is your magistracy armed with those strong authorities and extensive powers, which in seasons of public disturbance are committed to their hands-in vain has the vigilance of his majesty's government brought justice home to your doors, by issuing a special commission at this unusual season-if men, impanelled like you, in the discharge of the most awful duty, can be found to trifle with your consciences, forget your oaths and betray your country. That, in seasons of public commotion, disaffection should prevail, and that panic should be excited, is only what we must expect; but I trust in God, that neither will ever be found invading and prophaning that sanctuary of the law-a jury box. I fear no such consequence in your respectable county. I am satisfied that you will do your duties. If you do not, take upon yourselves the consequences. If this atrocious, though contemptible insurrec tion, should get head in your county, in consequence of impunity and encouragement, and in its formidable progress involve the ruin of all that is dear and valuable to you, it would be a melancholy aggravation of your misfortunes that they ought to be attributed to yourselves. George Brett sworn.-Examined by Mr. Where do you live?—I live in Ballyglass, near Tobbercorry. At whose house?-At my father's house. How many sons has he living with him?--There were three at the time. At what time?-At the time of the attack. Name them?-William, Christopher and myself. When was the attack made upon the house?—On Saturday, the 15th of November last. Were you at home?—I was. Describe to the Court and jury the nature of the attack, and at what time of the night it was?-About the hour of eleven at night, there came a party about the house. Was the door fastened?-Not at that time. Christopher heard a noise and stepped forward to the door, and saw a man lurking; he then stepped back to where I sat and said there was a man at the door : we were surprised; this being a second attack, we ran to the door and looked out, and saw a party; we then made forward to where we had the arms. Where was that?-In the barn, joining the, house. What arms had you there?-We had two guns and a pistol. Whose property were they?-The guns belonged to Christopher. The pistol belonged to my brother Patrick, who was not there at the time. When you got to the barn, what did you do?-When we entered the barn, we closed the door, and made to the arms: Christopher took the pistol and presented it out of the window, he gave me one of the guns and I presented it also, and snapped it, but it did not go off. Did you snap the gun at the time?I did, while the party were breaking the windows of the dwelling house. Did you hear the windows breaking?—I did. Did you discover the cause why the gun did not go off?-I did not. What did the party do?-They heard the noise of the snapping of the gun and perceived where we had the arms, and called out, "Here is the arms." My brother Christopher took another gun, opened the door and snapped at them and burned priming, by which they saw the clearer, where the arms were: they then rushed forward and made a punch of a gun at the window, and drove it in. Did Christopher close the door after snapping the gun?--He did. What did they do after that?-They pushed in a shutter of a window of the house, and then came forward towards us, calling out, "Take care of the window and the door,"they fired a shot through one of the windows, and demanded the arms. Did you give them?-I refused giving them and said, I had but one life, and one gun, and I would lose my life, before I would give up my arms. What was the consequence of that answer? -They told me, they would set the house on fire, if I did not give out the arms. Did they do any thing to show that intention? They went to the haggard and got a sheaf and made a light and I thought the place was on fire. How near is the barn to the 'house?-It joins the house. Is it under the same roof? It is. Did any of the family sleep in the 'barn?— I and one of my brothers slept in it. What did the party do afterwards?—They set fire to the straw and put it to the house, and I imagined the house was on fire, before I submitted to give up the arms. Did you see the fire? I saw them get on the wall, with the fire, to put it to the thatch, and then I said, I would give up the arms, rather than let the house be burned. Did you give them any? I did, I handed them out the gun, and the pistol, [62 manded the harder, that I should give up two stand more. Had you two stand more?--No, but one gun. Did you give that one ?-I did not. they would burn the house, if the remainder What did they do afterwards?-They said to them. of the arms and ammunition were not given munition, and a powder horn: but they My brother gave them some am threatened severely, if they did not get the remainder. I told them, I would go out to them, and let them use me, as they liked. They told me I should not go out, as some of open the door and let them in; so I opened the party would injure me. the door, and they came in and got a candle, I said, I would and some of them disguised themselves. How did they disguise themselves?-They small room in the barn, where we slept. the candle, and began to search, one of the one of the party who was searching?—He was Was the man, who dropped his covering, the chief head man. How long were they searching?-They were ten minutes searching the place. planted a centry over me, and would not let Were you there all the time?-I was: they me stir. that party here?-This man (pointing to the Look round, and try if you see any of prisoner) was one of the men in the house. Was he the guard over you ?---No, he was not. Was he doing any thing?-He was searching about and looking for arms. fore? Yes, sir, I did; I saw him pretty Did you ever know Thomas Brennan 'beoften. Where did you see him?—I saw him in his Was he the man who lost his covering ?- Where did he live?-At Camalacky. Have you ever seen him in other places ?— gun, which we had concealed, they called out Your father was in the house all this time? No; but what he told me afterwards. Did you see any more of them?-They de-a mark and a lump upon his eye-brow, which he said was grazed by a ball fired in through the window. Is your father here ?---No sir, he is old and weak, unable to come here. Has he been from home this some time?--Not this half year. Is he able to come here?---He is not able to ride half the way. Did they get into the house?---They went into the kitchen, and I remained in the barn, till they brought a sheaf of oats, with which they threatened to fire the place, if the arms were not given out. Upon that, we gave out a gun and a pistol, and kept another gun, which we denied them, and they swore they would burn the house, if they did not get more. We told them we would let them in George Brett cross-examined by Mr. Davy. to search, which we did, and they found the Prisoner's Agent. gun, which we were keeping from them. Did they ask for ammunition?-They did; and I gave them part, and threw more under the bed; and when they came in they found it, and took it with them. Did you know any of the party?—No, I did not. A Juror.---Were you in the house the whole time?---I was in the barn. Mr. Webber.---Was there a light ?-We had no light in the barn; but when they came in, they got a candle. Were you acquainted with the prisoner any Did you see any papers posted up there?-time before?-I had a slight acquaintance I did not. Did you hear of any rewards being offered? ---I did not hear it, till such time as I was brought to lodge informations. Was it not under the impression of reward, that you prosecuted?--It was not from lucre or reward that I did so. Who brought you to lodge informations ?--I got a summons from major Bridgham; I was afraid to go voluntarily. What hour of the night was the party at the house? was it between eight and nine?--It was after that to my opinion. Are you certain as to the time?---I had no watch; but to the best of my opinion it was eleven. A Juror.---Is the prisoner the person who found the gun?---No sir, it was not: it was the captain, as I thought who commanded. Mr. Davy. Would you have gone voluntarily to lodge informations, if you had not been summoned by major Bridgham?--I would, if I was not afraid of being put to death. Christopher Brett sworn.---Examined by Mr. Webber. with the prisoner; but I cannot swear he is the identical man. Was any of the party disguised? Some of them had handkerchiefs upon their faces: he that searched the barn wore a handkerchief upon his hat. Christopher Brett cross-examined by Had you as good an opportunity of seeing these persons as your brother ?---I do not suppose, I had. For what reason had you not?---I was not so well acquainted with this man as my brother? You swore you did not know any of the party?--I did not see the prisoner, so as to know he was there; perhaps my next door neighbour might be there, and I not know him. What hour was it ?---About eleven. Might it not be between eight and nine ?--It was later: to the best of my opinion, it was eleven. Jurors. Were your brother and you near to a tall man in the barn?--I was near to him. How close to him?---Within two or three Where do you live?---In the parish of Rath feet of him: we were guarded, while they condran. In your father's house?---Yes. Were you there in November?--I was. Did any thing happen there ?---There did. State what it was ---A number of persons calling themselves Threshers, came to my my father's house about eleven o'clock at night. "What did they do?---They broke in the windows, and fired in shots at the windows, and demanded arms. were searching. Was there a light?---There was a candle with the men searching for arms. How near was that to you?---They were up and down the room: my back was to the light. William Brett sworn.---Examined by Mr. Solicitor General. Are you a son of George Brett ?--Yes. Were you in his house on the 15th of No Was any mischief done by the shots?---Avember last?---I was. ball slightly grazed my father. What did you do ?--- When I heard two or three shots, I discharged a pistol out of the barn at them. Do you recollect any thing particular happening? There did: there came a knot of people about the house. |