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was given; he believes his brother-in-law passed his note for the price of the potatoes; Mr. O'Connor afterwards processed his brother-in-law for the amount of the note. He should not be well pleased with a man who would not serve his family as well as himself. Mr. O'Connor and he used to have religious discourses. A juror asked, "what religious discourses?" The witness answered, "Carding and taking of arms!" Witness was again asked, whether he could give a guess as to the number of crimes he was implicated in, and he answered, he could not. The exanimation of this witness did not close until within ten minutes of four o'clock. Richard Waring proved the robbery of his house of a blunderbuss. (A blunderbuss was produced to witness, which he identified as the one of which he had been robbed.)
Garret Richardson examined. His house was robbed, in 1812, of a blunderbuss. [A blunderbuss was produced, but witness could not identify it. It was like one which he possessed, but he could not positively swear it was the same.]
he went to Dangan, in company with Alderman Darley and Captain Mockler. He proceeded to the house of the younger Mr O'Connor, on the Dangan demesne, and situated at a short distance from the prisoner's house, and there found the two blunderbusses which had been exhibited to the last witnesses. He found them in the bed room of Mr. O'Connor, standing against the chimney, in a conspicuous situation, and not in any manner concealed. He received information concerning a watch, and seized an article of that description, which he had met with, but found on examination it was not such a one as was described to him; he therefore returned it. This witness next proceeded to state, that he met Mr. O'Connor at the assizes of Naas, where he attended to prosecute the Owenses. He observed, in a jocose way, that "wherever the Owenses were to be tried, he was sure to meet Mr. O'Connor." Mr. O'C. replied, that " they were as great vagabonds as existed." The witness mentioned, that notwithstanding that assertion of Mr. O'Connor, he appeared at the trial, and gave these persons a general good cha
Mr. Wallace, as counsel for Mr.racter; which surprised witness 'O'Connor, said, he was willing to admit it was the blunderbuss which was stolen from the witness, but that he would show how it got into the possession of Mr. O'Connor's family.
Mr. Sergeant Jebb observed, that the admission of the learned counsel was wise and candid.
Thomas Thompson, Esq. solicitor to the post-office, stated, that in consequence of information which he received through Owens,
so much, that he had him crossexamined as to the fact of his having had the conversation with him respecting these individuals previous to the trial. Mr. O'C., as witness affirmed, had not denied that he talked of the Owenses as being very bad persons, but that he was not serious when he spoke of them. Witness got nothing in the house of Mr. O'Connor, jun. but the blunderbusses; and that, as to the house of Dangan, the
searching of that place was left to Alderman Darley.
On being cross-examined by Mr. Wallace, he repeated that the blunderbusses were quite exposed. Richard Waring, the other approver, was examined at much length. A great portion of his evidence relative to the circumstances of the robbery, &c. agreed with that given by Owens. He said that he was not present at the consultation at Dangan, having had to go for a blunderbuss which he had concealed in a bog. He stated, that on the return of the party from the robbery, Mr. O'Connor had opened the gate for them, hoping that they had good luck; and that he (Mr. O'Connor) had held the blunderbuss of one of the party while he went into M'Keon's house to light his pipe. He distinctly affirmed that M'Keon advised him to cease robbing houses for arms, &c. as it was an unprofitable pursuit, and take up the better occupation of mailrobbing. He stated that he, as well as his associate Owens, was concerned in innumerable crimipalties. He had taken the Carder's oath at the instigation of Mr. O'Connor, but his description of it was different from that which Owens had given. It bound persons, according to his statement, merely to support anarchy and put down monarchy." He was present at the carding of Walsh, who had been held while the witness performed with his own hand that operation. Walsh, however, was not left long in his hands. He said he had "only two or three touches at him," the instrument of torture being given to abler and better hands. He operated on VOL. LIX.
Walsh's back-his successor on the backs of Walsh's legs statement of some of the circumstances of the division of the booty was similar to that of Owens. He alleged, however, that the adjustment did not take place until about five o'clock in the evening, and that from the time Mr. O'Connor placed himself on the ditch until that hour he took no refreshment. Mr. Wallace asked, whether the rest of the gang had not taken refreshment. Witness an swered they had. Then, said Mr.W., it appears you acted very unceremoniously towards your captain. On being again questioned about M'Keon's advice relative to robberies, he admitted that it was against all crimes of that description, as they would only lead to the gallows. He was reminded by Counsel that he gave a different statement before, to which he replied that M'Keon advised both for and against robberies.
John Allen, farmer, was the next witness. He remembered the 4th of October, 1812. He saw Mr. O'Connor on that day, having received a note from that gentleman, desiring him to call on
him. Mr. O'Connor asked whether he had not heard of the mail-robbery of the 2d, and he answered, he had. He then asked, what would witness think if he heard the mail had been found on Dangan demesne? Witness answered, he should be sorry to hear it was the case, as, from the circumstance of a bag having before been found there, it would have a bad appearance in the country. O'Connor then brought him into a room, and showed him, lying on a table, the mail bags, some newspapers, lottery tickets, P broken
broken notes, &c. He further asked witness, whether he could keep a secret? To which he replied, that he never abused any confidence that was reposed in him. O'Connor then asked him, if he had not been security for the gaoler of Trim, and whether he was not, in consequence, likely to be a sufferer by the escape of Heavy and Savage? Witness replied, he was security. O'Connor then said, that he had reason to know that Savage was lurking about Dangan, and that he would put witness in the way of securing him. On being asked whether any oath was proposed to him by O'Connor, he said there was not. O'Connor had a red book in his hand at the time of asking him whether he could keep a secret, but proposed no oath. O'Connor had asked him what he would advise him to do with the bags, and witness answered, to send them to the postmaster of Summerhill.
On his cross-examination, this witness stated, that he considered the secret he had to keep was, that Mr. O'Connor had interfered in procuring the re-taking of Savage. He further asserted, that he took Mr. O'Connor's interposition on this occasion to be an act of kindness, and intended to show his gratitude to the witness, and his brother-in-law, the gaoler, for acts of civility received, while he (Mr. O'Connor) was confined in Trim gaol for an assault, for which he had been convicted.
Mr. Lube was next called.Being asked had he given any advice to Owens on the subject of the present prosecution, said, that any professionally private communion he had with Owens he was
not at liberty to disclose, meaning, as we suppose, in his capacity as a clergyman; that Owens had asked him (Mr. Lube) "if it would be criminal in him (Owens) to make a discovery in order to save his own life, for that proposals had been made to him to that effect?" that he (Mr. Lube) asked Owens, had he any discovery of importance to make? that Owens answered in the affirmative; that he (Mr. Lube) immediately laid a solemn injunction on Owens, not to name the parties to him (Mr. Lube), inasmuch and for that it did not belong to him to be made acquainted with it; but added, that if he (Owens) knew of any gang of robbers who were disturbing the peace of the country, he (Owens) would " do well" to " divulge it," and that, provided he adhered to truth," he (Mr. Lube) saw nothing criminal in it.
[This conversation, Mr. Lube said, took place in the presence of a third person, one Reynolds; and after, as we have above stated, proposals had been made to Owens to save his life.]
Mr. Lube, having been asked how long he had been attending Owens after his conviction, before the above conversation took place, replied, about three weeks; and to a question, did Owens at that time entertain any hopes of a reprieve? replied, he did not; nor did he (Mr. Lube) hold out any hopes to him.
Question by Mr. M'Nally.-Did witness believe it was with a view to save his life that Owens gave the information? Mr. Lube said, he verily believed it was.'
Robert Gilbert, a Dublin police officer, stated that he arrested Mr. O'Connor,
O'Connor, at Palace Anne, in the county of Cork, the house of Mr. Barnard, a magistrate of that county. He shewed the warrant to Barnard. When Mr. O'C. saw it, he said it was illegal, inasmuch as the word "felonious" was not in it. He believed Mr. O'C. made that observation for the purpose of showing the offence with which he was charged was bailable. Witness thought it was bailable. He did not know against whom he had the warrant, until he went to Cork, and thought, when he saw Mr. O'Connor, and the respectable house he was in, he might have made a mistake as to the person. On asking Mr. O'C. whether he was of Dangan, he answered he was.
On his cross-examination this witness admitted Mr. O'C. was repeatedly out of his custody. He thought that if Mr. O'C. had resisted he would have been unable to bring him to Dublin, though he was determined, if there had been any serious opposition, to have shot Mr. O'C. While Mr. O'C. had been out of witness's custody, he was in that of a Captain White. Witness was asked whether he had not brought handcuffs with him from Dublin, and was not of opinion that he would render himself agreeable to persons in power if he had treated his prisoner with indignity. He answered, that bringing the handcuffs was accidental, as when he left town he knew not whom he was going to arrest. He received no instructions respecting treatment when he set out.
The case on behalf of the Crown having closed, Mr. M'Nally, as counsel for M'Keon, said it was
not necessary for him to call a single witness.
Mr. Wallace, as leading counsel for Mr. O'Connor, said he would pursue the same course as Mr. M'Nally, if life only was at stake; but here, the honour of a gentleman, which was more dear than life itself, was at stake, and for that purpose alone he would call witnesses, by whom Mr. O'Connor's character would be SO purged, that malice itself dare not raise its shaft against him.
Francis Burdett O'Connor, Esq. was then called. The two blunderbusses above spoken of were produced; he stated that he had found them in a rabbit-hole in the demesne of Dangan, in the November following the mail robbery; they were then in their present state, without locks. He brought them to a house occupied by his brother and two sisters. Subsequently his brother removed to a new house, and these blunderbusses, were brought away, he supposed by the workmen, with other lumber out of the storeroom in which they were originally deposited, and put into the room where his brother slept, in the new house, and laid against the fire place. He was present when the plundered mail-bags were discovered in the wood of Dangan, and information of the circumstance was sent to the postoffice.
There was no cross-examination of this witness.
Leonard M'Nally, Esq. deposed, that he attended at the Naas Assizes, where the Owenses were tried. Mr. O'Connor was there, and examined as a witness. He said he once thought the priP 2
soners were persons of good character, but had changed his opi
nion of them.
Mr. Bernard M'Guire, attorney, corroborated Mr. M'Nally's testimony.
John Pratt Winter, Esq. a magistrate of the county of Meath, stated, that on his return from the fair of Ballinasloe, after the mail robbery, he had used active endeavours to discover the perpetrators of the deed. He received information that M'Keon was concerned, on which he proceeded to the house of Mr. O'Connor. Mr. O'Connor immediately went with him in search of M'Keon, and having found him where he was superintending some work, they closely examined him, and proceeded to his house, and made diligent search, without being able to discover any thing that could tend to show he (M'Keon) was in the smallest degree concerned in the outrage. Mr. O'Connor afterwards called on him, and offered to give all the aid in his power in bringing the robbers to justice, though he seldom interfered in matters of the kind.
Michael Parry, Esq. agent to Mr. O'Connor, deposed, that on the 2d of November, 1811, he had remitted to Mr. O'C. 4793l.; that on the 17th of August, 1812, he remitted him 1400l.; and that, on the 27th of September, 1812, he sent him 500l. for the purpose of purchasing cattle at the fair of Ballinasloe. He had enclosed the 500l. in a letter to Mr. O'C., and had written to the Bank of Ireland, making them acquainted with the circumstance, and desiring them not to pay the notes to any order but that of Mr. O'Con
nor. His letter to Mr. O'C, was then in Court, and he said he would, if permitted, refer to it. The letter was handed to him, and he read from it a mention of the enclosure of the money. Since the commencement of his intercourse with Mr. O'Connor, their money-dealings amounted to 25,000l., and that at the time of the alleged robbery he would have transmitted him 2000l. if he wanted it. In the course of his dealings he never met with a more honourable or upright man. Witness further stated, that the amount of Mr. O'Connor's rental in Cork was 1800l. per annum.
Jeremiah Keller, Esq. barrister at law, stated he had known Mr. O'Connor for a great number of years, during which they had been intimate friends. Mr. O'Connor was formerly of the Munster bar. Speaking generally of his character, he conceived it to be excellent. He would mention an instance of his disinterestedness and generosity. He had married a lady in early life without a fortune, notwithstanding which he had made a most liberal settlement
upon her. Witness knew him afterwards to support the lady's father in a creditable style, which he continued to do until his death. He thought it next to an impossibility that he would be guilty of such an act as had been imputed to him.
Sir Francis Burdett said, he was acquainted with Mr. O'Connor since 1796, about the period he (Sir F.) had returned to England. He always entertained the highest opinion of his honour and principles. On being asked whether he had any money transactions with