"natural sons," Claude Collet and John Collet. This closed the case for the defendant. Mr. O'Connell, replied, in a speech of upwards of three hours length. The Jury, after partaking of refreshment, were locked in, and in less than an hour returned with a verdict for the defendant. CORK, AUG. 18. Trial of Arthur Keeffe and Thomas Mr. Sergeant Goold opened the case. The two prisoners at the bar, Arthur Keeffe and Thomas Bourke, were charged with the murder of three individuals-a man, his wife, and their son. The transaction occurred on the 9th September, 1823, at Lisnagourneen, which is situated about two miles from Kildorrey, and was the habitation of the Franks. Arthur Keeffe was married to a woman named Kearney, the daughter of James Kearney, by his first wife. In her right Keeffe had, or asserted, a right to considerable property after the death of Kear Kearney married a second wife, by whom he had children, and about the period alluded to, Henry Franks, son of Thomas Franks, was paying his addresses to one of the Miss Kearneys, and his marriage with her was actually agreed upon. On the 7th of September, the Sunday preceding the murder, a meeting was held near Mr. Lowe's house, at which the murder was determined upon. At that meeting Keeffe was present, and concurring. The murder being resolved upon, arrangements were entered into for carrying it into effect; and appointments were made for meeting in a potatoegarden, near the house at Lisnagourneen. Agreeably to this resolution, some of the murderers proceeded to the potatoe-garden, where others were collected before them. A whistle was then given, and parties arrived in different directions. After a time the party rushed into the house. The family had dined in their kitchen, and the cloth still remained on the table. This ruffian band instantly proceeded to effect their sanguinary object, and in a very short time the whole family was butchered. It would be proved, by four dif ferent persons, that Arthur Keeffe was present commanding the party, and whilst any life remained, crying out, " Boys, do your duty." He was dressed in a green coat, and held a whip in his hand. the witnesses would depose, that the captain, whom they called Keeffe, wore a green coat, and had a whip, and that Keeffe was never afterwards seen in that green coat, although he had frequently worn it before. There was another minute circumstance. Keeffe had a dog of a particular description; a policeman who came from Kildorrey, upon hearing the transaction, saw this dog in a lane near the premises. As to Bourke, he was seen by almost all the witnesses. There was a curious circumstance connected with him. He had a shirt over his clothes during the transaction, which he left on the premises. This shirt the gardener's wife had washed, and hung on a bush, and in the evening Bourke was discovered taking the shirt from off the bush. All Timothy Sheehan, an approver, deposed that he remembered the night of the murder. Being desired to turn to the dock, and look if any of the persons, who had assembled on that occasion, were in it, after a considerable pause he identified Bourke, but he did not, he said, see any one else that was present. Witness described himself as having tried to save the Franks, but as he could not get any assistance, he ran back to the door. A man was standing near the table, who wore a green coat, and had a switch or a whip in his hand. Witness had seen this person at a meeting on Sunday, when he wore a pair of leggings. Being asked if he should know that man now, he replied that he should. He was then desired to turn to the dock and see if he was there. He did so, and immediately pointed out Bourke as the person. [An intense sensation pervaded the court at this identification, as it was generally supposed he would put the wand upon Keeffe.] The witness, on further examination, stated, that there were other persons at the murder, whom he knew then, but should not know now. On cross-examination by Mr. O'Connell, the witness stated that he was never frightened; that though he was examined before justices of the peace, he was never sworn till he came on the table. He was asked if he knew the name of the man he had identified, and he said he did not. Major Carter had pointed out a man to him at the guard-house at Donerail, where he was himself in custody, and Bourke is very like him. "I believe," said Mr. O'Connell, "they threatened to hang you yourself."-" They did, Sir," replied the witness; "there was one Dundon there, and he told me if I didn't turn king's evidence they would hang me, and so I did." "And you would swear any thing to save your life?"-" I would, Sir." Edmond Glareen, a resident under the same roof with the Franks family, identified both the prisoners, and stated, that, on the evening of the murder, Bourke, in company with another, called him out of the house, and employed him to tell three other men, who lay concealed a short distance off, that the Franks were at home. He and his family were then compelled to go to bed in the part of the tenement which they inhabited, where they remained till the murder was over. He had known both the prisoners previously, as residing in the neighbourhood. On the departure of the party, the witness said he rode to Kildorrey, and gave the alarm. The witness was cross-examined at great length, respecting some apparent discrepancies in his evidence respecting Keeffe, owing to there having been two of that name present, which caused some confusion in his statement, and also respecting the localities, but nothing material was elicited. He further stated, that, as near as he could guess, it was twelve months after the murder that he told the police he could give information about it. He was in custody himself at Donerail and in Cork, charged with this crime. Walsh, one of the persons concerned in it, was gone to England. He afterwards admitted that he knew the murder was to take place three weeks before it was perpetrated, but concealed it from fear. He denied that he had received any money from Mrs. Kearney to swear against Keeffe, though he knew they were on bad terms, and denied being influenced in giving his evidence by the hope of a place in the police. Mary Myers, who lived with the Franks family, was in the kitchen on the fatal evening, and described several circumstances of the murder, which she witnessed from beneath a table. She identified Arthur Keeffe as present, and inciting the rest of the assassins" to do their duty." On her cross-examination she admitted having once sworn before two magistrates that Keeffe was not there. She swore SO to save Keeffe's life, whom she had long known. She is 19 years old. She thinks God would forgive a false oath that saved a man's life, but not one that took it away. Edward Magner was one of the party at the house the night of the murder, and confirmed the last witness respecting Keeffe's words to the gang. On crossexamination, this miscreant admit ted that "he would take the life of a sucking child, and wade up to his neck in blood, if ordered." He also admitted that he had, since the murder, expressed his regret that "he had not killed the little girl;" he left the house after the murder, at eight o'clock. Mary Glaveen, a servant of the Franks, identified Bourke as one of the six men who guarded her while the murder was acting. Andrew Batwell, esq. a magistrate, and William Brett, a policeman, also proved the description given by some of the witnesses of certain particulars in the dress, &c. of Keeffe to be correct. For the defence C. L. C. Williams, Esq., George Smith, and the Rev. T. Nash, gave Keeffe a good general character for honesty and sobriety; and Patrick Nayler did the same towards Bourke. His lordship then summed up, commenting upon the material points, when the Jury found both prisoners Not Guilty. PUBLIC DOCUMENTS. I. DOMESTIC. COPY of the ROMAN CATHOLIC RELIEF BILL as brought in by SIR F. BURDETT. Whereas the Protestant Succession to the Imperial Crown of this united kingdom and its dependencies, is, by the act for the further limitation of the Crown and the better securing the liberties of the subject, established permanently and inviolably: And whereas the Protestant episcopal church of England and Ireland, and the doctrine, discipline, and government thereof, and likewise the Protestant Presbyterian Church of Scotland, and the doctrine, discipline, and government thereof, are, by the respective acts of Union between England and Scotland, and between Great Britain and Ireland, therein severally established permanently and inviolably: And whereas after due consideration of the situation, dispositions, and conduct of his Majesty's Roman Catholic subjects, it appears just and fitting to communicate to them the enjoyment of the benefits and government happily established and advantages of the constitution in this united kingdom, so that all his Majesty's faithful and dutiful subjects may grow into one nation; whereby there may be an utter oblivion and extinguishment of all former dissensions and discords between them, thus consolidating the Union between Great Britain and Ireland, and uniting and knitting together the hearts of all his Majesty's subjects in one and the same interest, for the support of his Majesty's person, family, crown, and government, and for the defence of their common rights and liberties: And whereas by certain acts passed in the parliaments of Great Britain and Ireland respectively, certain declarations, commonly called the declaration against Transubstantiation, and the Invocation of Saints, and the sacrifice of the Mass, as practised in the church of Rome, are required to be made and subscribed as qualifications for the enjoyment of certain offices and franchises: And whereas the said declarations are in the words following; that is to say: " "Í, A. B. do declare, That I do "believe, that there is not any "transubstantiation in the sa"crament of the Lord's Supper, "or in the elements of bread "and wine, at or after the con"secration thereof, by any person whatever." "I, A. B. do solemnly and sincerely, in the presence of God, profess, testify and declare, "That I do believe, that in the "sacrament of the Lord's Sup"per there is not any transub"stantiation of the elements of "bread and wine into the body "and blood of Christ, at or after "the consecration thereof, by "any person whatsoever;-and "that the invocation or adora"tion of the virgin Mary, or "any other Saint, and the sa"crifice of the mass, as they are "now used in the church of "Rome, are superstitious and "idolatrous. And I do solemn"ly, in the presence of God, "profess, testify, and declare, "that I do make this declara"ration, and every part thereof, "in the plain and ordinary sense "of the words read unto me, "as they are commonly under"stood by English Protestants, "without any evasion, equivo"cation, or mental reservation "whatsoever, and without any "dispensation already granted "me for this purpose by the "pope or any other authority "or person whatsoever, or with"out thinking that I am or can "be acquitted before God or "man, or absolved of this de"claration, or any part thereof, "although the pope or any other "person or persons, or power "whatsoever, should dispense "with or annul the same, or "declare that it was null or "void from the beginning:" And whereas the said declarations relate only to matters of spiritual and religious belief, which do not in any manner affect the allegiance of his Majesty's subjects: May it therefore please your Majesty; That it may be enacted; and be it enacted, by the king's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, that all such parts of the said acts as require the said declarations, or either of them, to be made or subscribed as a qualification for the exercise or enjoyment of any office, franchise, or civil right, by-any of his Majesty's subjects, be, and the same are, hereby absolutely repealed; save as hereinafter provided: And whereas by divers acts passed in the said parliaments of Great Britain and Ireland respectively, the oaths of allegiance, supremacy, and abjuration, therein provided, are required to be taken, for certain purposes therein mentioned: And whereas his Majesty's Roman Catholic subjects in Great Britain and Ireland have been at all times ready and desirous to take the said oaths of allegiance and abjuration, in common with his Majesty's other subjects, but entertain scruples with respect to taking the oath of supremacy, inasmuch as they apprehend that the same might be construed to import a disclaimer of the spiritual authority of the Pope, or church of Rome, in matters of religious belief; be it therefore further en |