gainst Mr. M'Donnell, but also against Mr. Charles Hipfon, who was murdered at the fame time with Mr. McDonnell, and against me; I fuppofe for our ufing our utmost endeavours to bring to justice the perfon who fired at Mr. M'Donnell, the deceased. On the zoth of February last, Mr. M'Donnell called upon me in the morning, in company with Mr. Hipfon, and requefted I would go with them to Mr. M'Donnell's house, as he, Mr. M'Donnell, wifhed to give fome necefiary directions to his fervants, then at his houfe in the country; for Mr. M'Donnell declared to me he could not live in his house at Chancery-hall, in the county of Mayo, being in the neighbourhood of Mr. Fitzgerald, whom he reprefented as a blood-thirsty, unforgiving man; and accordingly took lodgings in the town of Cafflebar to avoid him. We rode off together, and, as we afterwards heard, about ten o'clock, Mr. Fitzgerald getting information of our being there, fent out a party to apprehend us on a warrant, furreptitiously obtained from a Mr. O'Meally (whom I fince underftand has been degraded from his commiffion) for a fuppofed affault. On our receiving information that our enemy was in pursuit of us, we rode off from Mr. M'Donnell's, Chancery-hall, but finding ourselves purfued, we ftopped at a houfe on the road; and I knowing the refentment was principally levelled at Mr. M'Donnell, perfuaded him to conceal himfelf under fome malt, which he did; and in a fhort time Mr. Fitzgerald's party came up to the houfe, and after firing feveral fhot in at us, I went out, and demanded the reafon that they behaved with fuch outrage and violence?

To which they replied (John Fulton and Craig) that they had warrants against Mr. M'Donnell, Mr. Hipfon, and myself, but vehemently demanded Mr. M'Donnell. I informed them that he had rode off, and demanded to fee their warrants; which they refused, but burst into the houfe, and after fearching the house and out-houses, they found Mr. M'Donnell, and dragged him out; they then tied and brought us bound to Mr. Fitzgerald's, at Rockfield; when we arrived there, we alledged, that the crime we were accufed of was at any rate bailable, and demanded to be brought before a magiftrate, which was refufed, and we were kept at Mr. Fitzgerald's houfe that night, they pretending it was 'too late then to bring us before a magiftrate.-We remained there that night, and were treated with the greatest indignity and infult. In carrying us prifoners to Mr. Fitzgerald's, they fuffered Mr. M'Donnell to ride, on account of the wound in his leg, but tied Mr. Hipfon and me together. On the morning of the 21ft of February, we were brought out from Mr. Fitzgerald's under a guard, which flood ready to receive us; and I heard Mr. Fitzgerald, the prifoner at the bar, tell Andrew Craig, who is commonly called Scotch Andrew, "to be fure to fecure his prifoners; and if there was a refcue to fhoot them." - We were then led about two or three hundred yards from the houfe, when Andrew Craig called out, "A refcue a refcue !" on which a fhot was immediately fired from the rear, which killed one of Mr. Fitzgerald's guard, and wounded three or four more; the fire then foon became general, and Mr, M'Donnell

received

received a wound in the arm, and Mr. Hipfon and I received wounds, when we both fell, and I endeavoured to crawl into fome fern that was near me, and to conceal myfelf. Mr. M Donnell's horfe took fright after the rider had been fhot in the arm, and carried him a few yards on; when, juft at a bridge, he was feized by a perfon fixed there for the purpofe, as there were guards fixed at all the paffes, and Andrew Craig fired at him, and fhot him through the body, on which he fell, and if any life remained in him, it was beat out by the butt end of a piftol, and the butt end of mufkets: they then fired at and killed Hipfon, and coming up to where I was, they were going to fhoot me, when one of them exclaimed, "We have no orders to kill him!" which faved my life. I was re-taken to Fitzgerald's houfe, where I was afterwards refcued by my friends.

Q. Do you fee any perfons now in court whom you can pofitively fwear were present at this outrage? -A. I can pofitively fwear that Mr. Fitzgerald was prefent at our fetting out, and that I heard him give the directions I have mentioned to Andrew Craig; and that he had a blunderbufs flung under his arm.

Crofs examined.

Q Was Mr. Fitzgerald prefent when you were first apprehended under the warrant of Mr. O'Meally?-A. He was not that I faw; I did not fee him till I was brought to his house.

Q. Did you fee him fire at Mr. Mr. McDonnell, Mr. Hipfon, or you?-A. No; I only faw him give the directions to Andrew Craig that I have mentioned,

[Next evidence produced was Andrew Craig, commonly called Scotch Andrew-who being duly fworn and examined, depofed as follows:]

Q. Where did you live in the month of February laft?A. With Mr. Fitzgerald, the prifoner at the bar.

P

Q. Did you get any directions, from him on that day to do any thing particular?-A. I did.

Q. Now, Sir, relate to the court and the jury the particulars of those directions, as you know from your own knowledge.-A. On the 20th of February last we received information that Mr. M'Donnell, the deceased, in company with Mr. Hipfon and Mr. Gallagher, were at Mr. M'Donnell's houfe; Mr. Fitzgerald then called to me, and, in in the prefence of John Fulton and

[Here he was interrupted by the counfel, who told him he was not to mention any person who was not then upon his trial.]-Mr. Fitzgerald defired me to go and apprehend them on a warrant he had obtained from Mr. Juftice O'Meally, and to bring them to Rockfield; I was employed by Mr. Fitzgerald, as he always employed me in all his enormities. [Here he was interrupted, and defired to confine himfelf to the question now before the court, and not to enter into any extraneous matters.] - We then brought Mr. M'Donnell, Mr. Hip. fon, and Mr. Gallagher (the gentleman that was examined here) prifoners to Rockfield. The next morning we fettled about the plan of murdering them-[Here he was interrupted by the queftion, Who fettled it? and he continued:] Mr.Fitzgerald, Mr. Timothy Brecknock, Mr. John Fulton, and my.

felf;

felf; we determined upon the mock rescue, and that my calling out "A rescue!" should be the word of command for those in the rear to fire, which they accordingly did. We determined to place fpies at the different paffes to prevent an escape; and on Mr. M'Donnell's horfe running away with him after the first fire, when he was shot in the arm, I came up with him on his being ftopped, and fired at him.

Q. Did you receive inftructions from any in court, and whom, to perpetrate this horrid act?-A. I did, from Mr. Fitzgerald himself, both before we went off, and as we

were going out. He faid to me, Secure the prifoners; and if there fhould be a refcue, or an attempt to rescue, fhoot them."

Q. Was the fcheme of the rescue planned or not, and by whom?A. It was planned by Mr. Fitzgerald and those I have mentioned, and myself among the reft; but thofe were only privy to it; the reft were to attend as a guard, to fee them lodged fafe.

Q. I now ask you on your oath, was the rescue a real one, or a fictitious one, planned as you fay? -A. It was a fictitious one, planned to commit the murder.

Q. Was that the purpose of it, on your oath ?-A. On my oath it was for no other purpose, but for an excufe to murder Mr. M'Donnell; and it was pre-concerted before we went out, that a man fhould be placed in an advantageous fpot, to fire at Mr. Fitzgerald's own men, to make them imagine the refcue was intended, except thofe that were privy to the scheme.

QWas Mr. M'Donnell murdered in confequence of the plan you have mentioned ?-A. He was.

[Craig was then cross-examined; fimply, to whether Mr. Fitzgerald fired at any of the people murdered? To which he answered, he believed he did not; for it was before determined, that he (Craig) fhould murder him, or fee it done by others.]

Here clofed the examination on

the part of the crown; and on Mr. Fitzgerald being called upon, and

told, then was the time for him to would leave every thing to his counmake his defence, he replied, he fel employed for him.

His leading counsel then mentioned, that they would call a number of witneffes to prove an alibi on part of Mr. Fitzgerald.

the

Several witneffes were then calland all tended to the fame alibi, of ed on the part of Mr. Fitzgerald, actual murders were committed; his not being present the time the but proved nothing as to the directions and pre-concerted schemes laid for the deftruction of Mr.

M'Donnell.

THE CHARGE. The prefent is one of the most momentous and important trials that ever came before a court; and through the whole of this melancholy bufinefs every feeling mind muft be happy to perceive that impartiality and temperance which has diftinguished the conduct of those who were appointed to bring to juftice the authors of a deed not lefs horrible than degrading to human nature; and however inclinable I may be to lean to the fide of mercy in all criminal cafes, yet in the prefent cafe, I must confefs that fuch aggravated guilt never appeared before

me.

It is far from my intention or wish that any thing I could this day

are in poffeffion of established facts, from which you will doubtless draw fair inferences, untarnished with any unfavourable opinion which you may have previously received against the prifoner now upon his trial, and entirely uninfluenced by any impreffion which an affair that has been reprefented in the moft fhocking colours, both in private converfations and in the public prints, must have made on you.

'Tis not my province to prefcribe the neceffary verdict for you to bring in; you are as good judges of the facts which appear before you as I am, and by thofe must be directed; if any doubt as to any point of law occurs to your mind, I will, with pleafure, as will my brother, explain it, and give you every affiftance; and from my knowledge of you, I again repeat, your determination will be the refult of wisdom, impartiality, and justice. The spirit of the laws may fometimes be stretched to a mistaken tenderness, and there are inftances where lenity may be repugnant to juftice.

The jury retired, after a fitting of fixteen hours, and in fourteen minutes brought in their verdict, guilty.

try, otherwife Simpson, Philip Cox, John Berney, Humphry George, Michael Bruen, William Robin, and Wallis Kelly, were feverally acquitted of the faid murder.

After which trials, the Right Hon. the Attorney General informed the court, that he was given to underftand a motion was intended to be made in arreft of judgment. He defired that Mr. Fitzgerald might, be brought up, and the motion gone into. Mr. Fitzgerald's leading counfel faid, they faw no defect in the indictment; but Mr. Stanley declared that he had warm hopes he could fhew ground to arreft judgment, if he were allowed time to confider the fubject till Monday. The Attorney General called upon him to ftate his objections, which he, Mr. Stanley, declined.

The Attorney General informed Mr. Stanley, that it would probably affift him in the motion to arrest judgment, if he was informed what the indictment was, as he never had hitherto called to have it read, but had relied on the fhort abftract of it in the crown-book; accordingly, at the defire of the Attorney General, the indictment was read to him; and the court, with remarkable humanity, allowed Mr. Stanley till Monday to confider his motion.

MONDAY, June 12.

This day Timothy Brecknock was called upon to take his trial, and given in charge to the jury upon two indictments, for confpiring and procuring the death of Patrick Randal M'Donnell and Charles Hipfon. The evidence having fully establish

And, fame day, James Foy, John Cox, James Mafterfon, David Sal.

After Brecknock's conviction, the Chief Baron ordered the clerk of

the

the crown to call up for fentence thofe perfons who had been convicted of actually perpetrating the murder; which fentence he then paffed upon John Fulton and his other affociates, in the most affecting man

ner.

The Chief Baron then defired to know of Mr. Stanley, whether he meant to make his promised motion in arreft of judgment? but at the fame time warmly recommended to him, unless there was a folid ground of objection to the indictment, not to make his motion, as it muft neceffarily be made in Mr. Fitzgerald's prefence, and might poffibly derange his feelings, which, he said, he was happy to hear were calm and compofed. Mr. Stanley, on confideration, declined to make any motion in arreft of judgment.

Mr. Fizgerald was then brought to the bar of the court, and the Chief Baron, after a preface which drew tears from almost all who heard him, on the enormity of the crime, paffed fentence of death upon George Robert Fitzgerald and Timothy Brecknock, with orders for their execution on that day.

Mr. Fitzgerald behaved with compofure, and defired a fhort time to make his peace with Heaven. To this the Chief Baron answered, that the nature of his crime was fo dreadful, and it had been fo fully proved against him, that public juftice required he should be made an immediate example.

They were removed from the court to the gaol. At fix o'clock in the evening George Robert Fitzgerald, Timothy Brecknock, and John Fulton, were conducted to the place of execution, on the hill near the

Caftle, at Caftlebar, where they were feverally executed according to their fentence.

On Mr. Fitzgerald's coming out of the prifon he seemed to be collected, but turning his eyes on the wonderful multitude which attended his execution, he loft all his fortitude, and giving a fort of a wild fhriek, continued weeping during his way to the fatal fpot; but Brecknock feemed at intervals devoted to prayer; his countenance bore ftrong traits of philofophy and innocence; he uttered fome expreffions which were thought incoherent by the multitude. Brecknock was first turned. off, and met his fate with a fortitude and compofure worthy a better caufe. Fulton feemed penitent, and died with firmness.

After hanging the ufual time, they were feverally cut down, and their bodies cut or fcarred.

The other four convicts, John Reheny, Archibald Newing, William Fulton, and David Simpson, were ordered for execution on a future day.

After the verdict of the jury against Mr. Fitzgerald, he requested to have fome private conference with Mr. Browne, the high fheriff; the latter confented, on condition of having a friend prefent. What paffed on the occafion did not transpire; but the fheriff and his friend accompanied him to the prison, where, having walked about his room in fome perturbation, he threw himself on a bed, and continued lying on his face above three hours and a half without uttering a word. He wore a loose great coat, and had his head bound round with a handkerchief.

Refolutions