TITHE WAR CORK JAN

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Extracts from the 'Cork Constitution, or Cork Advertiser,' 1833. This newspaper was, throughout its lifetime, the mouthpiece of the Establishment in Cork. The 'Southern Reporter' was the Nationalist journal.

County Cork place names in bold, names of anti-Tithe protestors (actual or possible) in bold capitals

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JANUARY 8 - OUTRAGES IN THE COUNTY OF CORK – On the night of Saturday the fifth instant, Chief Constable Crossly proceeded with a party of Police, to arrest some individuals charged with Assault and Rescue, against the Rev. Henry Bevan, Richard Smith, Esq., and others, while endeavouring to collect the Tithes due in the Parish of Cullen. The parties having had notice of the approach of the Police while proceeding to Droumtarriffe, between Kanturk and New Market – concealed themselves – and the search of the Police for LINEHAN, who was principal object of their inquiry, as well as the others, was unavailing. Chief Constable Crossly then prepared to return back; and while this design was carrying into execution, a number of persons, assembled by the sounding of horns, - and the lighting of fires upon the hills - posted themselves behind a ditch, and waited in ambush for the Police. They were armed with fire-arms, Pitchforks, and various rustic weapons, and fell unexpectedly upon the party, the moment they arrived, with uncommon fury. An obstinate combat was maintained; till at length, there being no chance of escaping destruction by temporishing in the struggle, the Police were compelled to fire, which took effect, and three of the assailants were killed on the spot. The Chief Constable and every man of the party under him were wounded very severely. The whole of that district is in a state of rebellion - and so resolved are the country people to carry all their objects with a strong hand, and to set at defiance the Laws, that an active, and always a prudent Magistrate, of the neighbourhood, William Allen, Esq., has found it expedient to make a requisition for an additional number of troops. The Priests have not used that power for allaying popular heat and violence, which they employed for exciting both during the Elections - on the contrary some of their most recent exhortations delivered from the altars are represented to us, as being more likely to feed the prevalent excitement than to abate any portion of its pernicious violence.

Private letters have reached us from Bandon, present melancholy details of systematic outrages committed upon poor Protestants, all arising out of those political schemes which contemplate nothing less than the extirpation of the Protestant Religion, and the separation of Ireland from her Imperial connection with Great Britain. Terror is the main engine by which this experiment is sought to be carried into effect; and it must be allowed, that the actual enormities which are perpetrated day after day, afford every aid to the extension of its influence. We feel how useless appeals and remonstrances, are, upon transactions such as are before us - and until some vigorous and efficient measures be adopted, we see no probability of their diminution. The embodying of Ten strong Yeomanry Corps would keep the entire Country, hence to Bantry, in complete subjection to the Laws - supposing such Corps to have the necessary numbers, which may be easily obtained, and the proper military equipment.

TO THE EDITOR OF THE CORK CONSTITUTION - SIR - A few nights since, a notice was posted on the gate of the Rev. Arthur Knox, in the suburbs of this town, threatening him with the fate of Mr. Ferguson if he did not discharge his Protestant servants. On Friday night, Dan's police, while out on their rural amusement, visited the house of a poor man named Godson, within two miles of this town on the Timoleague road, and deprived him of eight bags of wheat, a quantity of bacon, and several articles of dress. Every morning brings in an account of some fresh attack on the dwelling of some poor Protestant, and the constant inquiry for lodgings shews the general alarm that prevails. On Thursday night a large stack of oats, the property of Edward Doherty, Esq., was maliciously burned to ashes within three miles of Bandon, and on the preceding evening, so early as six o clock, a ball was fired through the window of the Rev. Thomas Walker, of Kilmalooda. God only knows where or when such a state of things will end. Yours, &c. - LOOK-OUT - Bandon, Jan. 5, 1833

On New Year's Night last, a ferocious attack was made on the house of Mr. Samuel Langley at Glenview, near to Innishannon. Fortunately for those who made it, Mr. Langley and family that night slept from home. Great numbers, it appears, were present. They burst in the doors, broke all the sashes, destroyed the furniture, and made close search for Mr. L., whose bed was found full of stones, which it is supposed had been thrown at the windows. Two servant men were in the house, and these they interrogated as to where Mr. Langley was, and whether he had secreted himself? On being assured of his absence they said they would be more fortunate in getting hold of him on another night. Mr. L. has a large farm and has given much employment to the labouring population of that neighbourhood, and no reason can be assigned for the disgraceful business but that he is a Protestant and had voted for Lord Bernard. A similar attack was made a few nights previous on the house of Mr. Benjamin Roberts at Ballymurphy, a short distance from Mr. Langley's. The marauders broke his windows and did a variety of other damage. Mr. Roberts is a tenant of Lord Bandon, and voted for his brother, Lord Bernard. This was his only offence.

On Sunday sen'night a number of ruffians went to the house of Mr. James Bride, of Rushfield, and tore up fifty Apple trees of about five or six years standing, and a number of Forest trees planted at the same time. The villains then threw stones at the windows, several of which they nearly demolished. They also broke an iron gate at the entrance to Mr. Bride's house.

On the night of the 2d inst., the windows of Mr. John Hosford, of Farunmarrun, and the windows of Mr. Wm. Welply, of Rushfield, were broken. Same night, the house of Mr. Bride was again visited, where they renewed their attacks on the windows and destroyed what remained of the above-mentioned gate, together with several other field gates. Coward-like, the ruffians ran off, as soon as they had discharged a volley of stones at the windows. A notice, however, of which the following is a copy, was left at each of the above house:-

‘You are desired to take warning do not have no dalings with no Dammed brother or yours Barnard has sined your death warrant dale with Catholics or dome is fixed – Sined by order – TELL TRUTH’

The only reason that can be conjectured for these outrages is that the persons whose houses were attacked voted for Lord Bernard. They were always on friendly terms with their neighbours, and never afforded the slightest pretext for the treatment they have received.

‘What,’ asks the Correspondent on whose authority we communicate the above – ‘what are country Protestants to do? All through this part of the country – at the Mass-places, at fairs, at markets – notices are posted warning the public not to deal with Protestants, and several who have dealt with them have had their windows dilapidated. Can things go on long this way?

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JANUARY 10 - Some persons who associate at the Chamber of Commerce, and who appear to have usurped no small share of arbitrary authority, over private, as well as public affairs, have thought it proper to arraign the conduct of some of the Landlords of this County for having required of their tenants, to pay up arrears which have been long due to them. This rightful, lawful, and just requisition, however, they are not permitted to make, without incurring the censorship of the Inquisition set up at the Chamber of Commerce; but which it is evidently intended to convert the transactions of common private life, into elements of public dispute, disorder, and confusion. Whatever forbearance Landlords may have exercised towards their tenants, emanated from themselves - it was ….. them to do so, if they thought it proper, and it is no less their right to limit their forbearance; the original grace was not the effect of any busy political meddling between the landlords and their tenants - and the withdrawing of it ought not to be interfered with either. By all means culpable in motive, and pernicious in consequence, the tenantry have been turned against their Landlords; and the very authors of this unfortunate and reproachful rent between parties so naturally allied, and identified by interest, - now raise their voices against the Landlords, who assert their just demands according to the laws - and endeavour to brand them as oppressors, because they do not continue to reward with their favours the blackest ingratitude, and the most unworthy hostility - excited by the most flagitious and abominable craft and scheme.

On Friday last a Notice was left at the house of Mr. John Beamish, Ballinora, desiring a man in his employment to be discharged, which of course was not compiled with; and on the Monday night following a large party, most of whom had guns, attacked the house. They attempted in the first instance to burst in the door, but not being able to accomplish this, they broke the windows, fired in some shots, and demanded arms. Mr. Beamish then went to a window, and said there was but one gun in the house, which they should have - on which they fired at and wounded him slightly in the forehead. There not being any persons to defend the house, the gun was given. The house of a son of Mr. Beamish, a short distance from the above, was attacked about a month since by another party, who broke and destroyed every thing they could lay hands to.

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JANUARY 15 - OUTRAGES IN THE COUNTY OF CORK - Insurgency is on the advance. Almost every post that arrives - every Paper that we receive, supplies materials to swell the sanguinary catalogue of its crimes. Life and property are equally its victims. Outrage succeeds outrage - murder follows murder, and still no effort, adequate to the direful emergency, is made to arrests it's progress. Wexford, Carlow, Queen's County, Tipperary, Longford, Kilkenny and Westmeath are each included within the range of its operations. Even our own County is not free. We have already communicated some serious and shameful assaults on person and on property, and we regret to add that there is as yet no prospect of their cessation.

On the night of Thursday last four fine Beef Cows, the property of John Beamish, of Hare Hill, Esq., within two miles of Bandon, were houghed in a most savage manner, were houghed in a most savage manner. Mr. B. had the cows valued, and sold by auction on Saturday and the proper notices are served for recovering the damage at the Assizes.

On the same night, some daring villains scaled the wall of the Rev. A. Knox's yard, killed one of his best sheep, took out the entrails, and carried off the carcass.

On New Year's Day, Philip Cross, Esq., having purchased, at the fair of Mallow, a number of cattle, he sent them home by some men whom he had in his employment. When they arrived at the Cross of Donoughmore, where a large bonfire was lighted, and a considerable number of persons were congregated, the men were accosted by those assembled, who demanded if the cattle which they were driving belonged to Mr. Cross? The men replied that they did not, on which those who interrogated them observed, that it was well for them, for if they did, they would burn the cattle, the drivers, and Mr. Cross himself if he were with them!

The new levy of Police appointed for the West Riding of this County has arrived. It consists of 100 men - all fine looking fellows, who were inspected last week at Bandon by Captain Vignolles, and highly approved of. We hope they will be instrumental in checking in some degree the perpetration of offences similar to those by which that district has been recently disturbed, but we regret to say that the disposition to outrage is so prevalent, and affords so little prospect of abatement, that the Magistrates were obliged to assemble on Saturday and resolve on a memorial to the Lord Lieutenant, praying his Excellency for the appointment of a hundred constables in addition to those whose arrival we mentioned.

THE INQUEST AT KANTURK – MISCHIEVOUS MISREPRESENTATION – The Southern Reporter of Saturday, smarting under our remarks upon the statement which it sent forth respecting the Inquest at Kanturk, has foamed itself into filthy froth in a long article, exhibiting malice and imbecility in rival proportions. We could not believe the report of the proceedings at the Inquest - we perceived in the Report itself strong internal evidence of gross deceit, imposture and lying, - and we said that we would wait for a more authentic account of the proceedings before the Coroner. We had before given, upon the authority of an eye Witness, the main features of the attack on the Police, out of which the homicides had resulted - and all that we stated then, with perfect confidence in our authority, we now re-assert - and we further confirm it by the additional statement which we here subjoin, and which has been greatly provoked by the rancorous folly of the Southern Reporter. - This statement comes from a man of honour - of rigid truth, - and of talents, of which a thousand such heads as supply the literature of the Reporter could not make up a moiety. We know him - we rely upon him - and with him we will beat the Reporter into the dust. Here then is what he supplies:-

‘TO THE EDITOR OF THE CORK CONSTITUTION. – SIR – As you very prudently declined transferring to your excellent Paper the extravagantly account (supplied by the Southern Reporter) of the late inquest at Kanturk, I sit down to supply you with a hasty sketch of the actual occurrences connected with that (I believe) unprecedented Inquest - the Southern Reporter on the occasion of the Wallstown SLAUGHTER - I have just read with indignation in that Paper of Saturday, the 12^th instant, a most virulent commentary on the version you gave of the unfortunate affair between the Police and the People at Kanturk. I dismiss the consideration of these imputations by saying, the public at now Jurors - an a little time will determine how far the Southern Reporter is sustained by public opinion, in the truth of its strictures, or in the violence of its language. The conduct of its Private Correspondent is submitted to another tribunal.

To return from this digression - you will probably receive other statements, better calculated for the press, but you may be pleased to adopt. The events which led to that fatal affray will be developed in the most authentic shape at the approaching Assizes. - For the present, it will suffice to state, that a man named TIMOTHY LINNEHAN (one of the upper class of farmers) was charged, by informations sworn against him, with assault, rescue, and Anti-Tithe conspiracy - and that orders were sent by Government for his apprehension. The first attempt to arrest him (by a small party of police) having failed, in consequence of the appearance of an immense mob prepared to resist them, Chief Constable Crossley proceeded on Saturday night, the 5^th inst., with the Magistrate's warrant in his pocket, and accompanied by a party of twelve police, to LINNEHAN'S residence, which he found deserted. It may not be amiss here to remark, that one of Magistrates who signed the warrant, sent to LINNEHAN to request he would come in and give bail. Linnehan's answer to this kind application was, that 'he and all the Police in the County should not take him.'

There are several minor points connected with Mr. Crossley's march to and from LINNEHAN'S house, which may swell the columns of the Reporter, but are not worth detailing - suffice it to say that, on the appearance of the Police in the neighbourhood, fires were lighted - horns were sounded - and mobs collected in every direction around Mr. Crossley and his small but brave party. At length, when on their return to Kanturk, between 3 and 4 o clock on Sunday morning, Mr. Crossley observed a man's head raised over a ditch which he was passing, and ordered one of his men to go into the field and see who was there, which he had no sooner done than he was knocked down and cried out 'murder.' Mr. Crossley immediately jumped over the ditch, and found himself in the midst of a mob of 40 or 50 persons armed with pikes and bludgeons, one of whom made a violent blow of a pike at his head, which fortunately glanced off, striking him on the shoulder, and so far disabling him that he would probably have been slaughtered by his assailant, had not one of the police knocked him down. - The police - some of whom were desperately wounded - having no time to lose, defended their lives by firing on and dispersing their cowardly assailants, who left three of their party dead, or mortally wounded, in the field, and instantly fled. Close to the ditch behind which they were concealed, there were heaps of large stones placed to serve as ammunition, and but for Mr. Crossley's providential discovery, it is more than probably he and his party would have been annihilated by a volley of stones and a charge of pikes on the road.

I now come to a brief notice of the Inquest (at which there was a disgusting exhibition of the grossest and most palpable perjury I ever heard). On the jury were two or three gentlemen. Of the rest, one was a man who had been employed to translate into English the declaration of one of the dying men - and who, in giving his testimony, being the second witness examined - designated the homicides (which he was just sworn to inquire into) as MURDER. Two more were examined before the grand jury, at the last assizes, against one of the police who were at the dispersion of an anti-tithe meeting at Kanturk -when the bills were ignored. With a jury thus composed (though strongly objected to by Mr. Crossley's law-agent) no other verdict could be calculated on but that obtained. Some of the jury, however, held out and could not be brought to agree, when the Coroner declared he would take the verdict of the majority, in defiance of the expressed opinion of some legally-informed gentlemen, who insisted on it that a jury of Twelve must be unanimous to legalise their verdict. One of the jurors (who dissented) got a fit, and the doctor, who saw and bled him, deposed to his not being in a sound state of mind; notwithstanding which his verdict was alleged by the Coroner (who went up to the Jury-room, and remained there some time) to have been given. An application to the Court of King's Bench will soon ascertain how far such proceedings are legal or otherwise.

The verdict as given in by the jury was returned to them accompanied by one in the Coroner's hand-writing, which the Foreman observed was much less merciful than the one they had agreed upon, and which latter verdict the Coroner directed them to find, and which verdict was (in consequence) returned by a majority of the jury.

I shall not for the present trouble you with any further details of this disgusting affair - but of those I have given you may make what use you please. Believe me, &c., &c., A SPECTATOR Kanturk, Jan., 13^th’

Now while the Reporter is chewing the cud upon what our respected and honoured Correspondent has stated, we will turn to a new point of the case, namely the Verdicts of the Coroner's Jury as stated in the Southern Reporter as follow:-

The Twelve Jurors find that LEARY AND SAVILLE came by their death in consequence of gun shot wounds inflicted by Policemen unknown, WITHOUT ANY JUSTIFIABLE CAUSE OR AUTHORITY; and that Francis Crossley, William Brit, Cornelius Donovan, and other Police unknown to Jurors, were feloniously present, aiding and assisting.

And on the Inquest on MEADE, Ten of the Jury find, that he came by his death in consequence of a gun-shot wound in the head, which was inflicted by Francis Crossley, Chief Constable, …..[see below]

[ADVERTISEMENT] - WHEREAS ON the night of Tuesday, the 1^st day of January instant, about the hour of Nine o Clock, several persons, at present unknown, proceeded to the residence of JOHN GAGGIN, Jun., Esq., situate at Ballyrichard, in the Barony of Barrymore and County of Cork, and during the absence of Mr. Gaggin and family, violently and maliciously attacked said House and premises, and broke and demolished the windows thereof, the paling and railing, and part of the wall in front of said house. Now we the undersigned, in order to shew our abhorrence of such a proceeding, and to mark our regard for the individual so injured, promise to pay the several Sums annexed to our names, to any person who shall within Six Calendar Months from this date, discover and prosecute to Conviction all or any of the persons concerned in this Outrage. Dated this 5^th day of January, 1833 [Signatories not included here]

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JANUARY 17 - OUTRAGES IN THE COUNTY OF CORK - Opinions, the natural result of the proceedings with which the common sense of the country is almost daily outraged, are rapidly gaining ground among the peasantry. One of these, as represented to us by a Correspondent, is, that 'no gentleman ought to be permitted to keep more than one townland, and that the rest should be divided among the people;' and if we take, as indicative of their notions on the subject, the proceedings of those by whom the designation is audaciously arrogated, we can have little doubt of the correctness of our Correspondent's representation. Nightly outrage, and attempts by intimidation to coerce into submission to these lawless despots those who have anything to lose, are multiplying in our County as well as elsewhere.

We recently alluded to some outrages committed in Ballidehob, in the parish of Skull – we regret that we now have occasion to resume our narrative. On Sunday night a number of persons assembled in that village, and after breaking the pound and setting the cattle at liberty, they led a horse belonging to Captain Baldwin, a Magistrate, of Skibbereen (one which he had purchased some time before, at a public auction, and sent to a farm of his near Ballidehob), from Ballidehob, with a white cloth about his neck and head. They marched through Skibbereen, regardless of the presence of the police or army, till they reached Mr. Baldwin's house, against the door of which they several times knocked the animal's head. Their yelling and shouting were such that the death of a lady, who was ill at the time and lived in the neighbourhood, is believed to have been occasioned by the terror they inspired. On their return to Ballidehob they visited the house of the Rev. Mr. Fairtlough, at Kilcoe – broke the windows, furniture and doors – tore the roof of his stable and out-houses, beat his horses and cows unmercifully, and killed his dog! They also marched into Ballidehob on Wednesday night with horns sounding, &c. They not only refuse to pay tithes in the parish, but, as we stated on the occasion of the former outrages, to pay County Cess, and those who are inclined to pay are deterred from doing so by threats and notices. Such is the apprehension prevailing in the neighbourhood, that several of the inhabitants remain up every night with fear of an attack on their houses. Another party of the same character on Saturday or Sunday night last, visited the house of a respectable farmer in the parish of Caheragh, near Skibbereen, and destroyed some stacks of barley, knocked down a new house just finished, and made his workmen swear never to work another day for him. They then proceeded to the Church at Caheragh, and broke the windows, &c.

A few nights since a party visited the house of Mr. Charles W. Baldwin, of Mossgrove, and after endeavouring, in vain, to decoy him out, threatened his life unless he gave up in ten days that part of the farm that he now holds which had been held by a Roman Catholic tenant - a part that had been held by a Protestant he was allowed to keep. A threatening notice, of which the following is a copy, had been served on his land rangers some time before:-

‘I do hereby Notice you Jeremiah Crowly of Mossgrove to surrender your commission immediately as Land ranger to Charles Baldwin or if you do not you will abide the consequences.

And you are requested to inform Hughjane Donovan, John Murphy and Daniel Conner to do the same if they do not they will be very sorry for it. - CAPTAIN ROCK - October 27^th, 1832. (The signature was evidently in the handwriting of some country schoolmaster.)

On the same night the house of Mr. Dawson, of same place, was attacked, the windows broken, and his life threatened.

Mr. Buttimer's, of Rough Grove, was also attacked the same night, and a servant seriously hurt - threats made use of, his milk-house broken, and the pigs turned in.

The houses of Mr. Bride, Mr. Welply and Mr. Hosford, of Rushfield, have also been attacked in a similar manner.

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JANUARY 29 - OUTRAGES IN THE COUNTY OF CORK - On the night of the 25^th instant, a large party attacked the dwelling-house of James Hurley, Parish of Dysertourgers, broke into it, demolished all the windows, window-frames, and several articles of furniture - destroyed a stack of wheat and one of oats - killed a sheep, beat Hurley and swore him to give up his land. Hurley has been in possession of the farm for the last eighteenth months.

On the night of Sunday last, about the hour of seven o clock, as Mr. William Gash, of Little Silver, was returning to his house, which is within two miles of Bandon, and close to the village of Kilpatrick, he was attacked by a gang of ruffians, about sixteen in number. They commenced by throwing a volley of stones, which twice knocked his horse down under him, and would in all probability have taken his life but that he was so good a horseman. He got up his horse, and with all speed reached his own house in safety. He quickly armed himself with a double-barrelled gun and, accompanied by a Bandon gentleman then at his house, and equally armed, went in pursuit of the gang. They took their stand on Briny Bridge, over which they suspected the assailants would pass, and were not long in waiting, when some of them, after separating from the main body, appeared. Mr. Gash and his Bandon friend succeeded in apprehending one, who happened to be the person closet in contact with Mr. G. in the first instance. They conveyed him at that late hour to the residence of the Rev. Somers Payne. After he had been fully identified, Mr. Payne and his sons, Mr. Gash and his friend, with the assistance of four Constables stationed near Mr. Payne's house, marched the fellow to Bandon Bridewell, a distance of four miles, to abide his trial at the next Sessions. Too much praise cannot be given to Mr. Gash and his brave companion, for traversing a dangerous part of the country, at that hour of the night, and arresting one of such a daring band of villains.

That gallant Regiment, the 92d Highlanders, for some time past stationed in Fermoy, has recently been subjected to a system of annoyance as cowardly as it is cruel and unprovoked. - Scarcely a night passes, we are informed, on which some of them are not assaulted and knocked down. At the early hour of seven o clock on Thursday evening one of them, who had been attacked in this manner, after receiving several severe cuts, was obliged to take refuge in the house of a respectable shopkeeper. The house was immediately surrounded by about twenty ruffians, who threatened to pull it down if the soldier was not turned out to them. The threat, however, was ineffectual, and he was allowed to remain until a guard was sent for, who soon after arrived, and conducted the intended victim to his quarters. On the following evening two other soldiers of the same regiment were attacked and desperately wounded with stones while proceeding peaceably to their barrack.

BACHELORS' BALL - The Bachelors of Fermoy and its vicinity have proved themselves deserving of a happier lot by having again this season entertained their friends with a splendid Ball, which was given at Robinson's Hotel, on Friday evening last, on which occasion were assembled all the rank, beauty and fashion resident within a circuit of several miles. The Ball-room was decorated with considerable elegance, and embellished by a number of appropriate mottos. Dancing commenced at ten o clock, to the superior band of the 92d Highlanders, and alternate quadrilles and waltzes were kept up with untiring spirit until one, when supper was served, consisting of every delicacy which the season afforded, and a profusion of the most generous wines. After supper the dancing renewed with unabated spirit, and continued until a very late hour, when the company retired, expressing themselves highly pleased with the courtesy of their bachelor hosts, and scarcely venturing to condemn a celibacy which produced such agreeable entertainments.

THE LATE MR. FERGUSSON - ARREST OF PRISONERS - On Sunday JAMES MAHONY, aged 34, JAMES HURLEY, aged 26, and PATRICK DESMOND, aged 25, were brought in here and committed to the County Goal, charged with being concerned in the murder of the late Rev. Mr. Fergusson. They were under the escort of a strong party of Infantry and Cavalry, for such is the present lawless state of the Country that the convoy of prisoners charged with an offence which should make every member of the community anxious to aid in their apprehension could not be trusted to a less effectual force. The prisoners, who are from the neighbourhood of Kilbrittain and Timoleague, were arrested on Saturday Evening. They were immediately conducted into Bandon, and lodged in the Bridewell for the night. On entering the town, the country people surrounded, and with the most savage yells closed on the military. Colonel Clerke, who was riding into town to attend the petty sessions as a magistrate of the county, was assailed in the rere of the escort by the mob, who conducted themselves very violently, and called to one another to strike him. Captain Vignoles and a policeman came in good time to his assistance, and succeeded in arresting two of the principal rioters. A large stone was thrown at a party of Lancers, who were stationed on the bridge to keep back the crowd, but from the precautions used, and the resolution evinced by Captain Vignoles, the prisoners were safely lodged in the Bridewell, without any conflict with the mob. On the opening of the petty sessions court, the two men taken in the riot were arraigned before a highly respectable bench of magistrates. Captain Vignoles and Colonel Clerke said they would forego the charge for riot, and proceed only against them for an assault. Observing that a speedy example would have a better effect than sending the case to the sessions for the West Riding, which be next held in Bantry, a distance of thirty miles from Bandon. Witnesses were then examined, by whom the above facts having been proved, the magistrates directed that one of the prisoners, being a comfortable farmer, and one from whom better conduct would have been expected, should be fined £5, or be confined for two calendar months, and that the other should be fined ten shillings, or be confined for fourteen days. Having refused to pay the fines, they were given in charge to the police, handcuffed, and conveyed to the Bridewell,

Captain Vignoles is the chief of the police recently sent to the West Riding, and since his appointment, his conduct, and that of the party which he commands, have given us the greatest satisfaction.

THE AFFRAY AT KANTURK - TO THE EDITOR OF THE CORK CONSTITUTION - Kanturk, January 28 - SIR - The statement which I sent you of the late attempt upon the lives of the police, has given much satisfaction in this quarter. I thank you for the attention which you have paid it. I obtained it from sources above all suspicion, and every other account which has been given of that unfortunate transaction, is false. I have also to thank you for having forwarded the Southern Reporter of Saturday; had you not done so, I should not have seen it. Its falsehoods and its seditions have caused it to be rejected from every man's house who does not care to have the minds of his children and his servants corrupted. The 'Lover of Justice' is not a lover of good manners, nor a respecter of common sense - he seems to be ambitious to hit if he can - not to reason a point. I have nothing to do with the Inquest. I heard universal exclamations against the known fallacy of what was stated in the report of its proceedings - I inquired in consequence of such serious condemnation being general - I sent you the result - and any man has only to compare the accurate statement published in the Constitution, to decide for himself. As to anything from the Southern Reporter beyond supporting its principal, Mr. D. CALLAGHAN, in his disgusting career, - nobody has the slightest expectation; and far from me be it to waste words upon it; - but if anything in the report of the Inquest - which it seems was provided by a printer at Mallow – be false – be shewn to be false – the fair presumption is that there is more liable to the same stigma. Now, Sir, if you will take the trouble to looking into the Southern Reporter of the 15^th, you will find the following paragraph under the head 'The last slaughter at Kanturk,' 'Friday Fifth Day:' - 'The Rev. Messrs. Chester and Orpen, with others of the Magistrates who sat with the Coroner, expressed their perfect concurrence in the observations which fell from Mr. Gilchrist.' - No I assert that this is false - that Mr. Chester did not express the satisfaction stated in this paragraph - I believe I may add Mr. Orpen also. Of Mr. Chester I am certain - and - ex hoc disce omnes. I am, Sir - SCRUTATOR - The next Assizes will prove who is right.

NOVEL EXPEDIENT - During the incarceration in our gaols of the 'Tythe Martyrs,' as they were, we suppose ironically, called, the lady of one of these gentlemen adopted an extremely novel mode of recommending her husband to the consideration of royalty. She applied in the first instance for his release. The application was conveyed in a letter, penned with her own hand, and addressed to his Majesty through the Youghal post office, which depicted in glowing colours the privations and 'persecutions' of the imprisoned patriot, and prayed his Majesty either to order his liberation, or to direct that more attention should be paid to him. Doubtful, however, of the success of the application, the lady seconded her suit by the following expedient. Having heard that the Royal Family were admirers and patrons of Masonry, she informed his Majesty that several of her relatives were members of the 'mystic brotherhood,' and begged his acceptance of an apron, which had been an heir-loom of the family for many generations. The apron was of white satin, embellished with divers devices, luxuriously wrought in needle-work of variously coloured silk, and gold and silver tissue. The value of the gift was much dwelt on, and his Majesty's acceptance (and in was in sooth one worthy of a King) humbly but earnestly entreated. The letter was received - the present was accepted, but the petition was not granted. When his Majesty recovered his astonishment, a reply was despatched under the hand of his private Secretary, intimating that his Majesty, though no Mason, had graciously vouchsafed to accept the apron, but adding, with respect to the object of her supplication, that his case was one in which his Majesty could not interfere, and that Mr. _____ would receive the same attention usually paid to persons in his situation. Mr. _____ had accordingly to submit to the privation of freedom until the expiration of the period exacted by the law as the penalty of his patriotism. Meantime, however, a report was circulated that the letter intimating the Royal determination was written by the King's own hand. True, the purport of that determination was not made public, on the contrary an impression the very opposite of that which it unequivocally implied was allowed to go abroad, and the gentleman to whose lady it was addressed is said, when on his triumphal tour from Killeagh to Youghal, to have boasted, with a view to the strengthening of that impression, that he has at that moment the King's Letter in his pocket! The story of the apron, like the mysterious secret of which it is the emblem, was, however undisclosed.

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FEBRUARY 2 - ‘THE HUE AND CRY’ – The wit of the Reporter has always something dismal about it - and the best jest that can be hammered out by its Literati, is better than a merry-come-sorrow flash. In the CONSTITUTION of the 17^th ult., we stated a list of outrages which occurred in the Western part of this County - and upon such authority as we could not distrust. The Reporter of, we believe that evening snarled, incredulous - and some of its trained bands fabricated Epistles in contradiction of what we had mentioned. The contradiction, and comment upon the contradiction, and the excellent jest of the 'Hue and Cry' get wind - and what is the consequence? Why hat all that we had stated of the breaking of the Pound at Ballydehob, of other outrages, is re-confirmed. We have a letter from the spot of the 2d inst., from which we extract the following:-

‘Dear Sir – Having seen the statement in the Southern Reporter, with respect to the breaking of Ballidehob pound, and enlarging the cattle distrained for rent, I beg to mention that the entire of it is perfectly false, and there was an affidavit sworn as to the facts, and sent to Major Miller, that some hundreds of people assembled for that purpose, and many in arms. I should also think that a similar report was made by the chief constable of that district, as there are a few police stationed there. The high constable also reported that his men had recovered for county rates. - I am, dear Sir, yours truly, _____, Feb. 2'

We expect, in a Post or two, particulars still more corroborative of what we stated, and of various fresh enormities. Besides the Pound at Ballydehob - the Pound at the New-Bridge near Skibbereen, was broken open - also the respective Pounds of Mount-Music and Gurrane - and also the Pound in the Island of Cape Clear. A yard at Mohona in which Lord Carbery had ordered some of his Cattle to be placed for safety was forced by a strong party - and in short one of the most peaceable districts of His Majesty's dominions but a short time ago, is now a scene of commotion, turbulence and outrage. With respect to the statements relative to the Ballydehob Pound; the attacks on the house of Mr. Fairtlough, Mr. Baldwin, &c., we have the authority of two resident Magistrates for saying that every sentence which we published was correct.

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FEBRUARY 28 - The Reporter of Tuesday, in describing what it designates as 'a very large and highly respectable meeting' held at the Parochial School-house, Cove, on Sunday, for the purpose of Petitioning against 'the measure of coercion for Ireland,' tells us that -

‘In the neighbourhood of the Chair were most of the intelligent and influential inhabitants of the Town and Island. The presence of several respectable Foreigners gave additional interest to the proceedings.’

Intelligent and influential! Had the Reporter favoured its readers with the names and callings of the individuals of whom that meeting was composed, we fear they would have some difficulty in admitting the correctness of this description. Who the 'respectable foreigners' were, who are dragged in for the purpose of embellishment, we cannot undertake in to say; but we believe we are perfectly safe in asserting that, with one or two exceptions, the meeting at Cove, like others of the same character elsewhere. Was merely an aggregation of the materials of the old anti-tithe and agitation meetings - the butchers, the bakers, the publicans, the tailors, the pawnbrokers and the priests of the town and the surrounding neighbourhood.

Some of the Newtown Police having got information, that MICHAEL M'CARTHY (a noted character, who lately broke out of Mallow gaol, and against whom they had a warrant), frequented the house of a person named CONNELL, at Gurtnagaul, in the Parish of Kilbolane, went there in search of him. Their search, however, with respect to him was fruitless, but they found in CONNELL'S house, a gun, a pistol and ammunition. CONNELL has acknowledged that he got the gun from a Parish Priest residing not a hundred miles distant, and who has somewhat distinguished himself in the cause of agitation.

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MARCH 2 - TO THE EDITOR OF THE CORK CONSTITUTION - Midleton, February 28, 1833. - As a friend to the CONSTITUTION may I trespass on a small portion of your valuable Columns for giving the following insertion : A statement was set forth in the Southern Reporter of Tuesday last, respecting the tranquil state of Midleton during the week of the County Election. I beg leave to contradict that statement, for instead of tranquillity being prevalent it was quite the contrary, and to prove it so, were not a party of Marines and Lancers ordered to Midleton to preserve the peace of that town and neighbourhood? For intimidation and terror rose to such a height, that the Magistrates were compelled to call for military aid to suppress the repeated attacks made on all whom the rabble considered obnoxious to their wishes. Were not the coach doors, when conveying passengers to and from Cork, broken open and attempts made to drag out the Rev. Mr. Graves and James Uniacke, Esq., for giving their interest to Lord Bernard? Were not many others abused on their way to and from Cork in like manner? And was not Constable Murray, in striving to protect the passengers, beaten by the mob, against one of whom he has lodged informations, and who has to abide his trial at the next Sessions of the Peace to be holden at Fermoy? Were not the Lancers attacked and pelted with stones whilst escorting the passengers from Midleton to Castlemartyr, the result of which attack some of them felt severely, according to their own acknowledgment? And were not the Magistrates, also, treated with the greatest contempt and derision, hooted at, nay, even some of them pelted with mire, &c.? And after all this, the Reporter tells us, at the conclusion of his detail of the Meeting at Midleton, ‘to petition against coercive measures being extended towards Ireland’ – that there was not the least breach of the peace, but tranquillity and quietude predominated throughout the entire of the Election week! I submit these facts to a discerning public, for the purpose of exposing fallacy and establishing truth; and am, Mr. Editor, your obliged servant – H. J. Z.

The letter of our Correspondent is but a mitigated description of what took place at almost every election in the South of Ireland. Wherever intimidation or violence could be brought into action, they were resorted to for the purpose of deterring voters from the honest and independent exercise of their franchise, and where they failed in effecting this, obnoxious individuals were insulted and assaulted in the streets, or followed into their homes by the disappointed clamourers for freedom of opinion. In proof of this, need we appeal to the scenes which were enacted at our own elections for both City and County? - to the hootings of the populace whenever a Candidate, not bound hand-and-foot to the execution of their bidding, presented himself on the hustings? - to the yellings with which his voice was drowned, whenever he attempted to address the electors? - to the diligence wherewith those supposed to be favourable to his claims were obstructed in their progress to the booths? - to the ferocity with they were pursued in their way back, until compelled to take refuge in the shops in the neighbourhood?- or to the multitude of instances to which we had some time since occasion to advert, in which gentlemen residing not far out of this city were assailed in their own houses - their windows broken, and their families obliged to retire for protection to the less exposed apartments of their dwellings? And yet those at a distance are expected to believe that all is 'peace and tranquillity and quietude.' But it is no wonder that the abettors of such deeds should endeavour to avert the introduction of a system which will impose on them the inconvenience of submitting to a line of conduct more compatible with a state of society in which law is to be respected and order to be preserved.

CLERGY OF THE COUNTY OF CORK - There is now in London a deputation from the beneficed clergy of the South of Ireland to his Majesty. Their petition will be their best vindication from the unfounded aspersions which have been cast on them. They implore some relief for their present distress - yet there is no available fund out of which the King can assist them in that respect. The memorial has been laid before the King by Lord Melbourne, and is as follows :-

TO THE KING'S MOST EXCELLENT MAJESTY - The humble petition of the suffering Clergy of the South of Ireland. - May it please your Majesty - We, the undersigned beneficed clergy of the united church of England and Ireland, resisting in the southern counties of Ireland, driven by the extremity of suffering to seek for refuge in your Majesty's paternal protection, venture, with great humility to lay our deplorable state before your Majesty, in the confident assurance that your Majesty needs only to be informed of our deep distress to induce the father of his people to adopt effectual measures for our relief.

The wide-spread and atrocious conspiracy, which prevails throughout Ireland against all order, law, and property; in the first instance against the temporal possessions of the Protestant church, for the aiming at the very destruction of Protestantism has succeeded in putting a stop, by intimidation, violence and bloodshed, to the payment of all ecclesiastical revenue arising from tithes, the acknowledged property, from time immemorial, of the clergy……

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MARCH 14 - ASSAULT ON THE POLICE - ONE MAN SHOT - We have alluded to somewhat of a remote exploit from hence in the Volunteer attack on Mr. Leonard, murdered in the open day - but why go so far from home? We have testimonies enough, bad and bloody, in our very vicinity, that the war against life and property has not intermitted, notwithstanding the meetings and the Resolution in support of the Catholic Association squad in the Commons, and their audacious assertions and averments regarding the tranquillity of the County of Cork. There is no truth in such wholesale fabrications - the County of Cork, is in anything but a state of tranquillity - marauding parties are out at night in all directions, on the line between this City and Bandon – seizing on the persons of peaceable and inoffensive farmers – dragging them out of their beds naked, and drawing them by force through briars and brambles, and putting them to the most acute torture. Besides those brutal acts of wantonness – we have another flagrant violation of tranquillity in the attempt made, only on Tuesday last, to destroy a party of Police under the command of Capt. Vignolles, who were employed to protect a distress for tithe rent taken by the Rev. Mr. Longfield, of the Parish of Desartserges. The particulars of this flourish of tranquillity will be found stated by one, out of several of our Correspondents who have transmitted us particulars of this enormity. Captain Vignolles, we understand, was twice knocked off his horse - and the Police were pressed on every side, when they were, as generally happens, compelled to fire, to prevent their being massacred on the spot. A life was lost, - and several persons were wounded - but what of that? MR. FERGUS O CONNOR says in his place in parliament that the County of Cork is tranquil! As soon as we shall be able to procure the proceedings of the Inquest before the Coroner, Mr. Baldwin, on the person who was slain, we shall lay them before the public.

TO THE EDITOR OF THE CORK CONSTITUTION, Bandon, Wednesday. - Sis - I hasten to send you the particulars, as far as I could learn them, of an unfortunate transaction which took place adjacent to Bandon yesterday. As that time our active and intelligent Stipendiary Magistrate, Captain Vignolles, repaired with a party of police under his command, to the parish of Desart, to distrain for tithes, withheld by the infatuated peasantry, incited to passive resistance by the demagogues who are the real cause of all the mischiefs daily occurring. The distress was effected and the party were proceeding towards Bandon, when they were attacked at a crossroad about a mile and a half from town, by an immense multitude, who had rapidly collected and followed them. The progress of the party was completely intercepted by the mob, who seized one the drivers, knocked him down, and assailed with showers of stones Captain Vignolles and the party under his command.

Nothing could exceed the forbearance of the Captain and his little band. He rode up to the infatuated mob, entreated them to desist - in short, did everything to avoid the dreadful alternative of firing; but in return he was struck from his horse - very much beaten - the stones literally flew around him and his party as thick as hail - he was obliged to order his men to fire - one man named QUINLAN, who was preparing to beat out the brains of the unfortunate driver, fell, and many were wounded.

The mob immediately dispersed, and Captain Vignolles, with that humanity which always accompanied bravery, immediately prevented the further effusion of blood. Numbers must have fallen had it not been for this. On the morning on which the party left Bandon to execute their commission, numbers of low demagogues left Hill-street, got amongst the country people, and were active in exciting them to resistance. It is remarkable that QUINLAN was allowed to keep his horse that morning, which had been distrained to perform the work of his farm, and that he was one of the most active rioters. His body was brought into town yesterday, and there will be an inquest held this day.

THE INQUEST [extracts from] - At a late hour last night, we received the following report of the inquest held on the body ……….

Captain Vignolles, C.M., sworn - Was applied to by the Rev. Mr. Longfield to protect his drivers, who were about to distrain for tithes, on Tuesday 12^th March. The distresses were made and the party were on their way back to Bandon; great crowds followed; heard great shouting and horns blowing; he remonstrated with them repeatedly and told them to go back and to disperse; they refused and said that they had O CONNELL'S orders - that they had driven out better men from the country than they were, and would drive them out also. The people got a head of the party through the fields, and at a particular point of the road attacked the driver; they beat one driver severely with stones and knocked him down. Witness rode up to his assistance; the people closed in; witness gave the word to fire, but not before he was struck several times and one of his teeth broken; witness snapt his pistol - presented another, and was struck with a stone when in the act; - about 40 persons separated from the crowd and went thro' the fields in order to head the police; they were joined by the people a-head; in number about 20 perhaps. Deceased was one of the crowd; recollects having passed him; did not see him throw any stone. The people did not disperse on the first fire; they fought with the drivers for a minute; there was a simultaneous attack front and rere, throwing stones. There were 250 people at least collected - among them about 30 women. One woman said that there was enough of people to kill all the police; another said that a man who was going to pay his tithe was a cowardly rascal for doing so; cannot say whether the deceased fell before the country people ran; did not see him fall; filed his men into a field on the right; ordered the police to cease firing when the danger was over; saw no policemen fall, saw horses stumble; but his own horse fell from a blow; witness received four blows himself, and one of his teeth was broken by a blow of a stone; is satisfied that a greater calamity would have occurred if he did not give the order to fire at the time he did.

Mr. Matthews, C.C. examined - After the distress was made the country people assembled in numbers; they blew horns. ……….the women gave the men the stones ……….heard a women say that the police should not taken the cattle ……….

J. Burke (Constable) examined ……….Noticed deceased when the distress was made, and saw Captain Vignolles give up a mare and sheep to him on the representation of his father that an unnecessary distress was made ..........

Constable Morrissy was then examined, and proved that many irritating expressions in the Irish language were used by the people previous to the attack. ……

The friends of the deceased declined calling any witnesses. The Coroner shortly afterwards summed up, the Jury retired to consider their verdict, and in a short time delivered in the following:-

‘That the said DANIEL QUINLAN, on the 12^th of March last, at Knucknaglass, in the country aforesaid. Came by his death, in an attempt to rescue cattle distrained for tithe, by a gunshot fired by one of a party of police under the command of Samuel Vignolles, Esq., a magistrate of said county, which shot was fired in their own defence by the police.'

OUTRAGES IN THE COUNTY OF CORK - On last Wednesday night a highly respectable Gentleman fell in with over 300 men, a large proportion of whom were well armed, near Killady Hill, about seven miles from Cork, on the old Bandon road. He was examined but allowed to pass, but a party went forward to prevent him going to the police station next to the place. That night the house of Mr. Roberts of Ballymurphy, near Killady, was attacked - he was taken out of his bed, and compelled, naked, to kneel down and swear to obey the nocturnal legislators. They next attacked a man named Leary, stripped him naked, and dragged him repeatedly across a thorn bush till they dreadfully lacerated him. - They beat cruelly another man named Long. - These men, it appears, had done something contrary to their regulations. Numerous notices, of which we subjoin one, had been served on the residents in that quarter. A great number of other outrages were committed, but we have not yet learned the particulars. - The following is the notice alluded to:-

‘William Penney febury 25^th 1833 - Sir I hope you will be kind a Nough to send two guns that you have to Abraham Razleys field apeaset the cros in the Lower Croner Next to annah road on Tursday Night the 26^th Instant for that will be a grait meeting of Lebring min their that night to make all farmers give them sam way of Living sind them at the hour of 10 o clock and we hope that we Need not Call to you that you will be as good to your men as any of your Nebers if you don't send you will sufer your Life for it Let No Body out of your house know of this ir if you do we will have your life and Our family also Life the messenger whom you will send with them Need not be afraid lave them in the Corner and be off.' [sic]

…..DENIS HALLAN, DANIEL CROWLEY, DANIEL MURPHY, AND JEREMIAH SULLIVAN – committed yesterday for the assault on the Police and persons engaged in the distraint for tithes in the Parish of Desertserge, the particulars of which we have detailed elsewhere. ……….

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MARCH 26 - CORK ASSIZES - COUNTY RECORD COURT - O DRISCOLL V. BARRY – Mr. G. Bennett shortly stated the case. This (said he) is an action of debt under the Tithe Composition Act. The debt consists of a certain portion of the tithes of the lands of Kilmacomogue, near Bantry, in this County. The sum sued for is £8.17.11 the amount of about four years' tithe. Mr. O Driscoll has another claim against the defendant for £4.12.3; for this, however, he cannot maintain an action, no definite agreement having been made between them. The Rector is entitles to a certain portion and the lay impropriator to another portion. The parish is estimated at £1000 a year, of which £625 belong to the Rector, the Rev. H. Sadleir, and £475 to the plaintiff, Alexander O Driscoll, Esq.; 27 acres of this land are held by MR. BARRY, from whom the tithes of the last 3 ½ years ending Nov. 1^st, 1832, are now sought to be recovered.

Mr. M. Gamble produced attested copies of the certificate, which had been compared with the original in the Bishop's Court of Cork and Ross.

Mr. G. Bird stated that he had been agent to Mr. O Driscoll since January 1831; knows the defendant and the land in question; MR. BARRY has been, and is at present, in occupation of them; witness received tithe out of part of the same townland, and the balance of the tithe composition since May 1829.

Bench - (To. Mr. Bennett) If your instruments are good, I do not see any defence.

Messrs. G. and R. Foott both proved their having received tithe out of the lands of Kilmacomogue for Lord Donoughmore, who was lay impropriator, about the year 1820, of the lands which Mr. O Driscoll now holds.

Mr. G. Bird - Cross-examined - Believes MR. BARRY'S holding to be about 30 acres; never received tithe from him; there was a distress laid on his premises; his tithe was first demanded in July last.

Mr. Woulfe, KC, on the part of the defendant, took several legal objections, and contended on them that the defendant had not supported his case. They were -1^st, that his tithe to the impropriate tithes of the parish was not proved, inasmuch as the tithe of Lord Donoughmore, of whom he was the lessee, had not itself been proved. 2ndly, that the act of composition required the possession of the tithes for a period of 21 years by the party compounding to make the composition valid, a possession which the plaintiff could not have had at the time of this composition. 3dly, a technical one, that FATHER BARRY, and not the REV. THOMAS BARRY, the defendant's real name, was given in the extracts from the Registry Books and applotment; 4thly, that the applotment varied from the certificate, as the fractional proportion allotted to Mr. O Driscoll in the composition was not the same in the registry applotment, being greater, and not less, as the former document apportioned it.

Mr. M'Carthy made also another objection - that the certificate of composition was not signed by commissioners as the act directed, and as Chief Justice Bushe had decided.

Mr. Woulfe likewise contended that there was a practice generally prevalent in the country, that Roman Catholic Clergymen were never charged for tithes.

Mr. Woulfe resumed, and he contended that, as it had been shewn that no tithes were demanded, and none paid by the defendant up to the commencement of that action; and as it required a distinct notice, on the part of the proprietor, before it became valid on his part to distrain, or otherwise proceed, under these circumstances, the present suit was not supported. He then addressed the Jury briefly for the defence, resting it principally on the fact that Catholic Clergymen were never called upon to pay tithes, and appealing to the knowledge possessed by the Jury of that circumstance. Such was the case in the instance of the defendant, and he would never have been called on to pay it, were it not for the late agitation which prevailed in the country respecting that description of property. He left the case with confidence in the hands of the Jury.

Baron Pennefather told the Jury, that in point of law, the plaintiff was entitled to recover £2.10.10 the amount of one year's tithe. It was for the Jury to consider of the remaining time.

The Jury retired for about ten minutes, and returned with a verdict for the plaintiff - Damages £2.10.10 and 6d costs.

COUNTY CRIMINAL COURT - SATURDAY - [extracts from] ……….THE WALLSTOWN PRISONERS - [prisoner's names arranged alphabetically]

Mr. Bennett rose and said - Gentlemen of the Jury, the case you are now about to try, is one which, in point of law, might have involved the prisoners, twenty-five of whom stand before you and their country, in a capital charge, on which, if you found them guilty, their lives would be forfeited; but those who conduct the prosecution on the part of the Crown, follow the course of administering the laws of the land merely to protect the people and to deter from the commission of crime. That course, I, as the humble servant of the crown and of the government, adopt and pursue - namely, a resolute determination to enforce the laws of the country, with great firmness, but at the same time, with great humanity and mercy. It is on that account, Gentlemen, that I do not ask you for a verdict which would affect the lives of the prisoners at the bar, and that I only call your attention to a case which charges them with a high misdemeanour, and in doing so I beg to make a few observations to you in order to show the nature of the crime they have committed, and the necessity for administering the laws of the land, not only with a view to the punishment of the offenders, but also in order to prevent the recurrence of outrage - for, believe me, if once the torrent of insubordination shall commence in the country, it will spread with a rapidity and a strength, which will overwhelm and overturn the institutions of our ancestors, unsettle the property of every man in society, and confuse the possession of the entire land. The transaction which will be the subject for your investigation took place in the month of September last, and occurred in a parish called Wallstown. The Rev. Mr. Gavin is the rector of that parish, and as such he is entitled to the tithes of the place. The laws of the land give him the tithes, and while laws are laws they should be obeyed. The mode in which Clergymen and the owners of tithe are enabled to assert their rights, is by making the valuation of the crops either when growing or when severed. These are the only means by which they can ascertain what the crop is worth, so as to bring their charges against the owners of the crops, in the shape of tithes. Mr. Gavin sent in August two persons for the purpose of valuing the tithes, when a mob assembled to the amount of twenty persons, and these people were absolutely obliged to leave the lands altogether. Such was the manifestation of violence and hostility to the law upon that occasion, that Mr. Gavin though it right to apply to the Magistrates at the Petty Sessions, for the purpose of getting their protection to go on the lands in order to ascertain the value of the crops. They were not going to distrain, mind; they were merely going to look at the growing crops, which, whether they were cut or not, is no excuse for the offenders. If it be of any consequence, however, it will be proved they were cut. On the 5^th of September Mr. Gavin, having obtained the countenance and support of the Magistrates, Mr. Low, General Barry, Admiral Evans and some others, with a party of police and about 30 of the military, repaired to this place, thinking that the appearance of the Magistracy would deter the deluded people from giving any opposition to a person who was exercising a legal right. These Gentlemen met at Wallstown at half-past ten o clock in the day, and the valuators proceeded to value the lands of the parish, and notwithstanding that the Magistrates were there and they knew it, notwithstanding that the police and the military were in attendance, and they were aware of it, this violent and determined population, intended to try whether they possessed the power of resisting the constituted authorities of the land by open insurrection against them. The Magistrates acted with the greatest kindness and forbearance; they singled themselves out from the police; they went amongst them, and entreated them not to interfere, but to disperse and commit no violation of the law. …..

George Bond Low. Esq., examined by Mr. Henn. I am a Magistrate of the County, and reside near Wallstown. I went on the 5^th of September to Wallstown, in consequence of an application made at the Petit Sessions. I know the Glebe of Wallstown, where on the 5^th of September I met the magistrates, Mr. Nagle and Admiral Evans. There were present twelve policemen and about thirty of the military. Young Mr. Gavin and two valuators and the entire police went to value the crops. The corn was at that time cut, and some of it was drawn into the haggart. They proceeded to value at ten o clock. The valuators proceeded over only two fields when we saw people assembled on the hills, who immediately ran down and threw stones, and attacked the police, who retired. Mr. Nagle and I made the police remain where they were, and we begged of the people to desist. We said that the valuation of tithes did not imply that they should pay them, and told them they were acting against the advice of MR. O CONNELL and their clergy, but they replied that they were acting in compliance with their instructions - that we were acting in opposition to the law, and said they would shed the last drop of their blood before they would allow the tithes to be valued. There were horns sounding, and the number having greatly increased, the military were ordered to prime and load with ball cartridge. Mr. Evans took off his hat and called silence, and said he was going to read the riot act. I repeated the riot act first and Admiral Evans repeated it after me. One of the most respectable farmers in the parish was in the crowd at the time, to whom I said, 'I was surprised to see him there, and he replied, 'I have but one life to lose and I'll lose it in a good cause.' Mr. Stawell was soon after announced to be coming and in a short time joined the prisoners, and we proceeded to value the rest of Mr. Stawell's land. The valuators then went on the land of a man named BLAKE, who was a tenant of Mr. Stawell. The valuators and police went into the fields to value, and there was immediately a rush made from the hills. The people were armed with pitch-forks and reaping hooks. We soon after rose in between the police and the people, when there were several stones thrown, and the people came to a charge, and we returned to the road. The people called out several times to kill the old proctor - old Mr. Gavin. General Barry then joined us and we were away about half an hour, when Mr. Brazier Creagh with a party of the 92d came up to us. When we returned the people were at each side of the road, and we with the military went into the fields as our situation seemed dangerous. General Barry then read the riot act three times. Young Mr. Gavin and the valuators went into the lands of a man named RYAN, when a young man on the ditch, in whose hand I saw a stone, but which when it was perceived, he let fall, said to the people ' now is your time boys; advance.' Young Mr. Gavin was knocked down, and I went in order to pacify the people, when I got a blow of a stone which knocked out my breath, The 92d charged, and I heard shots fired, where I saw Admiral Evans in great danger, on which four or five men fell, and the people ran off in all directions. Some prisoners were then made, and they resisted very much. OLD LINEHAN, who was there, I saw use every exertion to take off his sons. Witness here pointed out the prisoners whom he saw on the day in question amongst the crowd.

Cross-examined by Mr. Gibson - The people were working on that day. There were a great many more there whom I cannot name. LINEHAN seemed anxious to keep his sons from getting into a scrape. The corn crops were almost all cut. Admiral Evans and Mr. Nagle were with me in the morning. It is a common thing for the military to attract a crowd. The thing immediately ceased on the firing. I am not able to identify the whole of the prisoners - I believe the people did not understand the riot act. The crowd was assembled from ten until two o clock. Every thing during that time justified the firing, but we did not do so until our lives were endangered. I knew several went away from my recommendations. There was one unfortunate man whom I took three times out of the field, who returned and was shot. We did not during the day take any men into custody, as we were anxious to avoid a collision. The people used pitch-forks for taking corn into the haggart.

Garrett Nagle, Esq., examined by Mr. Bennett - I was with Mr. Low at Wallstown - his statement of the transaction was perfectly correct. Mr. Nagle here identified several of the prisoners. Allow me to mention a man of the name of PATRICK GRIFFIN ……….who is a very respectable man. There is also a man named HURLEY, who was early before the attack taken into custody.

General Barry - PAT. GRIFFIN was by far the most riotous man I saw on the occasion; EDWARD HURLEY was in custody during the whole of the transaction.

Thomas Ormsby, a lieutenant of the 92d, had ten or 12 men under his command on the day in question; witness identified several of the men who were amongst the crowd; I arrested one of the prisoners named HASSETT, who had a pitchfork in his hand; I think there were about 200 persons present; Mr. Creagh came to me to CASTLETOWNROCHE to go to WALLSTOWN.

General Annesley - I was at Wallstown the day of the riot; there was a cabin on the road in which they were eight or ten persons who were throwing stones, one of which I received on my hat; there was a prod of a pitchfork made at me; I saw some persons armed with pitchforks, which were those usually made use of by the country people; I saw HURLEY and CORKERY in the crowd on that occasion.

Admiral Evans - The statement by Mr. Low was substantially correct; I can only identify PAT. LINEHAN and WM. CORKERY, both of whom seemed very violent, and the former had a reaping-hook; I repeated the riot act; the words were given to me at ten o clock by Mr. Low, and I repeated them after him.

Richard Sealy - I was of the party of police who arrested the prisoners at Wallstown; my carbine was on that day injured by the blow of a stone; HURLEY, QUIRK and GRIFFIN were arrested before the firing commenced; HURLEY was scuffling with me going along the road, and the country people called out 'hit him, hit him;' I saw BURNS and HOOPER there on that day; WM. SEXTON was there, but I am not quite sure that he is the person at present in the dock; I heard LINEHAN say that he would sooner be shot than allow the tithes to be valued on that day; witness identified several other prisoners.

Henry Haly, another policeman, identified MICHAEL ROCHE, EDWARD HURLEY, WM. SEXTON, MICHAEL PIGOTT, PAT. LINEHAN, ROBERT HOOPER, PAT. HASSETT, PAT. GRIFFIN, MAURICE FINN, and JOHN BIRMINGHAM. I saw MICHAEL ROCHE part of the time with a pitchfork; EDWARD HURLEY was shouting 'down with the tithes;' SEXTON was throwing stones from a yard where there were several persons who were also throwing stones; I saw HASSETT shouting with stones in his hand; they all had stones except those who had pitchforks and reaping-hooks; MAURICE BURN had stones in his hand, and shouted 'down with tithes.'

Cross-examined - O CONNELL asked me last Assizes if I was a preacher, and I told him that I was not. (a laugh) ……….

Felix O Neal another policeman, identified the two NORRISSES, DENIS CONNORS, and most of the other prisoners ……….

His Lordship carefully recapitulated the evidence, and the Jury having retired for a short time returned a verdict of guilty against PAT. LINEHAN, PAT. GRIFFIN, WM. CORKERY, MAURICE BYRNE, EDWARD HURLEY, PAT. HASSETT, WM. SEXTON, MICHAEL ROCHE and ROBERT HOOPER. They acquitted the other sixteen ……….

His Lordship then sentenced PATRICK LINEHAN, PATRICK GRIFFIN, WILLIAM CORKERY, and MAURICE BYRNE, to 4 months' imprisonment and hard labour. EDWARD HURLY, PATRICK HASSETT and WILLIAM SEXTON to 3 months' imprisonment and hard labour - MICHAEL ROCHE and ROBERT HOOPER to one months' imprisonment and hard labour. I have, said he, only to say in conclusion, that the lenity extended to you on this occasion, will, I hope, be long remembered and have its due effect.

COUNTY CRIMINAL COURT - YESTERDAY - Judge Jebb entered the Court at ten o clock, and was until the same hour at night engaged in the trial of Francis Crossley, Esq., Chief of Police, and Cornelius Donovan, William Holmes and William Brett (Policemen) for the murder of JOHN SEVILLE, JOHN MEADE and JOHN LEARY at KANTURK, on 5^th January, and for shooting at DENIS LEARY, and JOHN BUCKLEY, with intent to do them grievous bodily harm, at the same time and place. Eleven witnesses were examined, but until the case closes, we forbear entering into any detail of the evidence. Then, however, we shall give a correct statement of the whole. At ten o clock, the case for the prosecution having terminated, the Court rose. The defence will be entered upon this morning, and is expected to occupy the whole of the day …..

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MARCH 28 - COUNTY CRIMINAL COURT - [Trial of the Kanturk Police for the murder of three anti-tithe protestors reported. The Policemen were acquitted*. This day also reported another trial of a man for the murder of two tithe proctors near Doneraile who 'came by their deaths by blows inflicted with stones' on the 19^th of September, 1832. This man was sentenced to death.]

*On the 25^th of April, the following notice appeared in the Cork Constitution:- 'FRANCIS CROSSLEY, ESQ. April 15^th, 1833 - SIR, - WE, the Magistrates of the Kanturk district, in which you Commanded the Police Establishment, take the earliest opportunity (the Quarter Sessions having immediately succeeded the Assizes) of expressing to you our sense of the conduct you have pursued during a period of Eight Years under our immediate inspection. - We have ever found you an active, intelligent Officer, ready at all times to execute the arduous duties committed to your charge with zeal and discretion, tempered with humanity and kindly feeling for those you were obliged to make amenable to the Laws. - We sincerely congratulate you on the event of the late trial at Cork, when you were most honourably acquitted of the foul accusations endeavoured to be sustained against you. We regret that by it we are deprived of your services, but fervently hope, wherever you may be placed, you may enjoy (as you have hitherto done) the approbation and esteem of those with whom you may be connected, together with the best of all consolations, mens conscia recti ..'. [signed by local magistrates and addressed to Crossley in Tramore, Co. Waterford]

His Lordship sentenced a man named PAT LINEHAN, who had assaulted the Rev. Mr. Bevan, to a week's imprisonment from the beginning of the Assizes. His reason for sentencing LINEHAN to so light a punishment was, that he had showed contrition in having paid his tithes.

DEATH OF ANOTHER UNFORTUNATE MAN BY THE ATTACK ON THE POLICE AND DRIVERS NEAR BANDON - On Tuesday the following highly respectable Jury, with Franklin K. Baldwin, Esq., one of the Coroners of this County, proceeded from Bandon to view the body of JOHN CROWLY, who received a wound in the attack on the police and drivers near that town on that day fortnight ……….

Having viewed the body the Jury returned to the Court House of Bandon, where the following witnesses were examined before the Coroner and Captain Belcher, JP, the other Magistrates being in this City attending the Assizes.

John Gamble, of Crossmahon, shoemaker, sworn - Was in his employer's house when the firing commenced on the day stated; went out an saw deceased on a stoop, with blood coming out of his mouth; did not know who he was firing; deceased was running from where the firing was, and got into the house on one Corogy; the firing had ceased when witness first saw deceased; heard him in Corogy's house tell a man that he had received a wound in the back.

Thomas Plunkett, of Crossmahon, weaver, sworn - Recollected that day fortnight; was in his house when the battle was going on; went out, and was told by a woman that CROWLY was wounded; went to Corogy's and saw him bleeding - (this was about quarter of an hour after the firing ceased, and the police and drivers were returning with the cattle they had distrained;) asked deceased if it was in the mouth he was wounded, and was answered it was in the back; the house deceased was in was within half a field of the place of battle.

Timothy Daly, of Naghill, blacksmith, sworn - After the firing was over heard deceased was in Corogy's house wounded; went there and told him not to be afraid - that it would be nothing; was answered by deceased that he was throwing up his heart's blood; went next day to where he had been removed; deceased told him it was Dan. Green's son who struck him while running away; deceased told witness that he was not of the party who attacked the police - that he first went out half dressed in search of his brother - that he returned to his house, dressed himself and proceeded to where the affray was. Deceased made this statement about quarter of an hour after the affray, and after Doctors Toole and Magrath had seen him; Doctor Toole told deceased that his wound was not mortal; witness believes Green was one of the drivers, and heard all the people say so.

Daniel Daly, of Crossmahon, blacksmith, sworn - Heard the firing in his forge; went out to see what it was and saw the police firing after the country people; went across the fields and was sent back by the Chief of Police; went to Corogy's house and saw deceased, who told him he was off - that his heart's blood was coming up; told witness it was young Green who struck him with a bayonet or a dagger. Witness saw a good deal of firing after coming out. The place where deceased was wounded was about twelve yards from Corogy's house and twelve from the place of affray; deceased told witness he was struck on the road near to where QUINLAN was shot; witness was told early in the morning by a man that came into his forge that the Police and drivers were out taking distress, and that the people were assembling to resist them.

D. Crowly, of Knockbogue, farmer, sworn - It was in witness's house deceased died ……….

At 5 o clock the Jury retired to their room. They sent out their foreman several times, who stated that ten of the Jury were agreed. The Crown replied that in order to find a verdict it was necessary they should all agree. At 20 minutes past 6 the following verdict was returned:-

‘We find that the deceased, JOHN CROWLEY, came by his death in consequence of a wound of a sharp-pointed instrument, supposed to be inflicted by a person named Green, who was one of a party who were driving cattle which were distrained for tithe, in an attempt to rescue same, and that he inflicted same in his own defence.'

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