1.B
Dublin, October 31.
COMMISSION INTELLIGENCE.
Wednesday, October 30.
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William Begley, and Simon and John Molloy, stood charged on an indictment, comprehending three counts, of a conspiracy to murder, an intent to rob, and a burglarious entry into the house of Mr. Halpin, George’s Street, on the night of the 2nd of September last.
The Right Hon. the Attorney General shortly stated the case for the prosecution; in the course of which he took occasion to mention that Mr. Halpin was a gentleman who raised himself to opulence and consequence in society by his industrious habits [do I detect a note of irony in this statement?]. Mr. Halpin had private information, through the medium of Sheriff Darley, that a plot was formed by several ruffians to commit a burglary and robbery in his dwelling, at eight o’clock on the night aforesaid. Prosecutor, a man of strong body and mind, of a good and courageous heart, on this prepared himself to give the robbers a proper reception, had some soldiers in the house, and a military guard stationed in convenient approaches without. After anticipating the evidence in most part, and making apposite observations, the Attorney General felt it his duty to say a short word on the point of law; and accordingly quoted from Judge Blackstone, in support of his argument, to shew, that although Mr. Halpin had opened his door to the burglars, yet the intent which constituted the crime of burglary, substantiated by several attendant circumstances, would, he trusted, fully appear, and justify a conviction of the offenders.
Mr. Halpen deposed that on the night of the 21st of September aforesaid, he, at Sheriff Darley’s desire, having provided a guard and procured the assistance of his brother, and brother’s clerks [are these the Dockmaster’s assistants, or the Landwaiter’s assistants?], was ready at eight o’clock to admit the ruffians. About that hour a rap was heard, and prosecutor standing at the lower extremity of his hall, desired his boy to open the door wide; the boy did so, and five ruffians immediately rushed in, one of whom pushed the servant aside and locked the door. On their proceeding in through the hall, five soldiers in waiting to receive the robbers, came forth to seize them. One of the fellows on this unlocked the door, two effected their escape, and the three prisoners at the bar were taken on the spot. One of them, Begley, had lived in the service of prosecutor as a carter, and knew and was known to every individual and servant in the family but one. Prosecutor identified the three as he stood during the transaction in his hall and saw them taken into custody. Begley urged on his apprehension that he mistook the house for another in the street, where he during the day took some coal and was going in order to receive payment. Prosecutor could not swear to seeing on them a pistol, long knife and poker, found by the servant after their entrance lying in the hall, but identified them as the weapons so discovered.
Edw. Murray, a very young boy who admitted the prisoners, in general corroborated his master’s evidence in a very clear manner. He was so terrified at their entrance that he could not charge his memory with seeing in their hands the weapons above stated, but found the pistol and knife on the matt in the hall, when the prisoners at the bar were taken into a back parlour. He discovered the poker the ensuing morning. Witness swore to the persons of the prisoners.
A house maid of Mr. Halpen’s [the spelling of Halpin’s surname actually changes throughout the text] swore that during the transaction, as she was coming up from the kitchen, one of the prisoner’s at the bar was rushing down, struck her a blow upon the head, and hid himself in the larder. Witness identified John Molloy as the person so described by her.
Mr. Halpen’s brother, who assisted on the night aforesaid, attended and corroborated most of the above mentioned facts.
The prisoners called on several persons to appear to their character; one only appeared, who bore testimony to J. Molloy’s honesty, so far as he could know, by an acquaintance of some years. Begley applied to Mr. Halpen himself for a character. Prosecutor said, that during prisoner’s time in his service he behaved well; but he understood that his subsequent behaviour was questionable.
A very able defence was made by Messrs. Green and Powel for the prisoners; but particularly by Mr. Green, whose pleading was much felt and duly acknowledged by the Court and Mr. Attorney General, who together with Mr. McNally, replied at large to the points of Law so made. The substance of which was, that no proof appeared of a previous conspiracy; that the opening of the door by prosecutor rendered the act of a forcible entrance incomplete, and that no subsequent act of the prisoners was sufficient to prove a constructive burglary.
After numerous Law Authorities were adduced on both sides, by the prosecutor’s and prisoners’ Counsel, Judge Downes recapitulated the evidence, gave due attention to the arguments of Counsel on both sides, and clearly laid down the applicable points of law*.
The jury retired for about half an hour, and having returned, declared the prisoners Guilty of all the charges laid in the indictment.
- True Briton (1793), Tuesday November 5th 1799.
