to become an agent for the sale of them, and had been the means of administering benefit to thousands. When the cholera was in York, the deceased was attacked by it, and was very shortly cured by the pills. On these grounds, and from motives of regard to the deceased, he was induced to administer them, and did not believe that they had caused his death. Mr. Pollock then called a great number of witnesses for the defendant; among others, the son of Mr. Morrison, the proprietor of the celebrated pills, and Mr. Moat, his partner. The latter admitted, with reluctance, on cross-examination, that the pills did contain gamboge. Among the witnesses were many persons who professed to have received great benefit from them, or to have performed strange cures by means of them. A great many respectable witnesses gave the prisoner the highest character. He was nevertheless found Guilty. The sentence was six months' imprisonment. MEATH ASSIZES, JULY 3rd. Michael Devine, James Slevin, and Patrick M'Kenna, were arraigned, the first for the murder of Thomas Cudden and James Bunn, at Rathkenny, on the 5th of March, 1833, and the other two for inciting him to commit the act. Devine, a miserable-looking man, upwards of 70, apparently labouring under much anxiety, and Slevin, a young man, of about 39, were put on their trial. Patrick M'Kenna was ordered to stand aside for a separate trial. James Slevin was a tenant of Edward Thomas Hussey, esq., on his estate of Rathkenny, where he held 100 acres at a rent of something above 200l., which he paid punctually. In 1827, he had a lease of the demesne, house, and garden, granted him, which, it appeared, Mr. Hussey had not a right to do without the concurrence of his son, who, on his part, desired that he and his father should retain a part of the house, the orchard, garden, and some land about the house. Slevin was dissatisfied with this "renewal with reservations." Mr. Hussey offered him some other land at a distance which would soon be out of lease. Slevin refused, and, in 1828, accepted the second lease, which left the Hussey family in possession of part of the house and garden, where they occasionally (and Slevin constantly) resided on terms of a mutually bad understanding. To increase it, they had a quarrel about rent, and Slevin paid it up to the day on an implied fear of his cattle being driven to pound for sale. Further, he had spoken against the tithe system at one of the popular meetings; his speech had been reported to Mr. Hussey, who thereupon told him his mind upon the matter, and informed him, moreover, that he had reported him to Mr. Blackburne, a neighbouring magistrate, who had, in his turn, reported him to the attorney-general. Thus the differences of these joint tenants of one house grew wider every day. Devine was a poor under-tenant on the same estate, who, it was sought to be proved, had been employed by Slevin, with others, to assassinate Mr. Hussey. The murdered James Bunn was steward, and his unfortunate companion an under-tenant to Mr. Hussey. They met their fate in a mistake, under the following singular circumstances: - Mr. Hussey was leaving Rathkenny on a short visit to England, un known to his tenantry, and on the 5th of March had driven in his gig, with James Bunn, to reach the Monaghan coach at a crossroad, about a mile and a half from his house, where he intended to have left the gig to be brought home by his steward, and to proceed to Dublin in the coach. It appeared, both from the testimony of an approver (John M'Kenna, a tenant on the estate) and from the confession of Michael Devine (written while in gaol, under hope of pardon, held out by a fellow prisoner, an apothecary) that these two wretches, together with a third, named Andrew Callon (escaped to America), had laid in wait behind a hedge for Mr. Hussey on his expected return in the gig, to shoot him with a blunderbuss, which they said they got with the requisite ammunition, from James Slevin. Mr. Hussey had, however, missed the coach at the cross-roads, and had driven on with his steward three miles and a-half further to Slane, where he overtook the coach, and proceeded to Dublin, leaving the gig to the care of James Bunn, who returned in the dark of the evening to the house at Rathkenny, taking with him for company the tenant, Thomas Cudden, whom he called for at his house as he passed. The assassins sceing two men returning in the gig, who they had no doubt were the same that went in it a few hours before (though the darkness prevented them from distinguishing their faces), fired the blunderbuss at them heavily loaded with slugs, and at one shot killed both their victims, conceiving they had thus destroyed at once the ob noxious landlord and his no less hated steward. The alarmed horse dashed on with the gig and the murdered men to the house, where Slévin and the servants found them both quite dead, Bunn pierced with fourteen slugs and Cudden with five (which were subsequently extracted by Dr. O'Brien, and exhibited in court), besides others lodged in the lining and cushions. The principal circumstances, which appeared to connect James Slevin with the transaction besides those already mentioned, were-1st, his positively denying (at the time he was arrested, and gave up his arms to George Despard, esq., stipendiary magistrate) that he had at any time any other arms than those of which he gave a list. concealing the fact of the blun derbuss having ever been in his possession, though it was afterwards proved that he purchased it at Truelock's shop in Dublin, sent it to the Navan coach-office, and finally lent it to Andrew Callon (the escaped assassin) by the hands of John M'Kenna (the approver), whose son afterwards gave it up to the magistrates. This latter fact of the loan, however, rested on the testimony of the approver alone; 2nd, the anxiety displayed by Slevin respecting Mr. Hussey's return in the gig, or otherwise. Carney (Mr. Hussey's driver) stated that he saw James Slevin in the course of the day; he came to the door of Rathkenny-house, and asked wit ness if he could see Bunn. Wit ness called Bunn. Slevin asked him, when he came, could he see Mr. Hussey? Bunn asked Slevin would he tell Mr. Hussey that he wanted to speak to him? Slevin replied that he had heard among the men that Mr. Hussey was going to England and all he wished to know was, whether it was true, or was he to come back in the gig that evening. Bunn told him that Mr. Hussey would come back that evening, and that he was not going to England. Devine made no defence. Slevin produced E. Grainger and A. H. Pollock, esqrs., magistrates, who gave him an excellent character. The chief approver, John M'Kenna, on his cross-examination by Serjeant O'Loghlin, acknowledged that he heard of money being offered for information. Heard there was 1,000l. offered. Would rather shoot Mr. Hussey than get 1,000l. Would shoot six men to save his land. Would not kill 1,000 men to save his own life; after some hesitation, he said he would kill 500 men to save his own life. Believed there was a God. Knew he was forbidden to commit murder, and yet he would kill two men, at all events, to save seventeen acres of land. Would not swear falsely against any one, but would commit murder to save his seventeen acres of land. Would rather take a false oath than be hanged. The jury retired, and returned in about half an hour saying, they agreed as to one of the prisoners, but could not agree as regarded the other. They were locked up all night, and on the following day found Slevin Not Guilty, and Devine Guilly. SUMMER ASSIZES, WESTERN CIRCUIT, JULY 22, 23, 24, and 25. Doe Dem. Wollaston, v. Barnes. Forgery of a Will. This was an ejectment brought by the coheirs at law, against an alleged devisee: and the question was whether or not a clergyman of the name of Clavell had made a will, by which he had devised es tates of the value of upwards of 2,000l. a-year to the defendant, who was his bailiff at the time. Sir James Scarlett, in support of the will, called the following wit nesses: Mrs. Elizabeth Churchill.-I am a widow. My husband had been a silversmith in Dorsetshire. I had three children, William, Frances, and Elizabeth. My daughters and myself kept a school in Dorchester. It was discontinued on account of the ill-health of my daughter Frances. I knew Mrs. Richards and Mrs. Frampton. In 1830, I received a letter from Mrs. Richards, the sister of Mr. Clavell, which was brought by Mr. Voss, who was bailiff and tenant to Mr. Clavell. (A letter of the 12th April, 1830, was read, in which Mrs. Richards begged Mrs. Churchill to go to Mr. Clavell as his housekeeper.) That letter was delivered to me at Salisbury, and I went the next morning to Smedmore (Mr. Clavell's house). My youngest daughter was then in Salisbury, and my eldest at Sherborne, as a private governess. In about eight weeks after, Mr.Clavell told me to invite my daughters to come and see me. My daugh ters came in a week or a fortnight after. They stayed a month. While they were there, I heard of a school at Corfe. I took that school for my daughters. My eldest daughter, in September, 1831, became ill, and Mr. Clavell desired me to invite her again to Smedmore, where she recovered very slowly. Mr. Clavell was very kind to her. Mr. Clavell then slept in what is now called the muniment room. In February, 1831, he removed into the alcove room. When I first went, no one was permitted to go into his bed-room. He made his own bed. When he removed to the alcove-room, the housemaid made his bed. I never was in the muniment-room for a year after Mr. Clavell had left it. Dr. Heywood had attended him, and then Dr. Carruthers and Mr. Galloway. After Mr. Clavell's illness, I slept in a room within the alcove-room. When my daughter came, she superintended the servants and linen, and sometimes she wrote notes for Mr. Clavell, and read to him frequently. In 1830, Mrs. Richards and Mrs. Clavell came on a visit to Mr. Clavell-afterwards Mr. Pleydell and his two daughters came there. Mr. Pleydell was Mr. Clavell's sister's husband. Colonel Mansell afterwards came in the latter part of the summer-they each stayed a few days. I believe Colonel Mansell never visited him again. He used to call Mrs. Richards, Sophy. I have heard him say Voss neglected his farms. I recollect Mr. John Barnes coming into Mr. Clavell's service in October, 1831. There were rooms prepared in the house for him. He acted as bailiff, and also rented a farm of Mr. Clavell. I recollect the brothers of the defendant coming to the house. I was in the alcoveroom with Mr. Clavell. My daughter told him they were come. Mr. Clavell told me to order refreshment for them. My daughter prepared tea, and I went down and drank tea with them. On my return, Mr. Clavell sent my daughter to bring them up. Mr. Clavell shook hands with them. He took a paper out of his pocket, and said he wished us all to sign it. He opened it, and laid it on the table. He put on his spectacles and looked it over, and told my daughter to get pen and ink, and write what he dictated. He asked me the day of the month, and I told him the 10th of April. He then told Fanny to write down "this 10th day of April." Then he signed it himself, and I made a seal with Mr. Clavell's seal; he took it up, and said, "This is my last will and testament," and put his thumb on or near the seal, and added, "I wish you all to sign it. Now, Fanny, as you wrote it, you sign it first." She did so. He then desired me to sign it, which I did. William Barnes signed it next, and then Samuel. He then folded it up, and put it in his pocket. He said, "I desire you'll not mention it, any one of you." We told him we would not. William and Samuel Barnes then went away. The defendant drank tea with us that night. Mr. Clavell was as well then as I had known him. This is Mr. Clavell's handwriting to this seal. This is my writing, and the body of the will is my daughter's writing. There was an impression of the seal attached to his watch. I had not before heard of the will having been written. I could not learn from my daughter the contents of the will. I asked her, and she said, "Don't ask me, mother, I cannot tell." Mr. Clavell became ill in the latter part of April. He had pains in his legs. Mr. Galloway was sent for. On the 1st of May, Dr. Carruthers was attending me, and Mr. Clavell said he would see him also. He continued to get worse, but went out in an open carriage to the latter end of May. Dr. Heywood was afterwards sent for. Mr. Cope was also sent for. Mr. Clavell died on the 14th of June. Some instructions for leases were executed by Mr. Clavell the latter end of May. I attested them. They to Mr. Dugdale, to prepare the were given to Mr. Barnes to take leases. I heard Mr. Barnes, two or three days before Mr. Clavell's death, ask him if he had made his will; he said yes. I asked him where it was, and he said something which I could not understand, and never spoke more about it. After Mr. Clavell's death, Mr. Morris was sent for, and he sealed up all the boxes and drawers, and the door of the munimentroom. Colonel Mansell came in the evening. I saw Mr. Bond with him. Colonel Mansell sent for me to accompany him to the muni ment-room. We went into that room; there was a box there with papers in it. The colonel took out a paper or parchment, and said that was Mr. Clavell's will. Colonel Mansell and Mr. Bond went into the closet in that room. I retired to my own room. Beds were made up for colonel Mansell and Mr. Bond. I left on the Thursday after the funeral, which took place on the Friday after Mr. C.'s death. Mr. Richards and Mr. Bartlett came there the day after the death. Colonel Mansell asked if there had been an attorney, and I said there had not; he told me he understood Mr. Clavell had destroyed some papers, and asked me if there was a will among them. I told him I did not know. I had my goods there in a garret. Eales had some of his grandmother's property there; Mr. Bartlett's clerk took an inventory of my goods; they were removed the Monday after the funeral. Colonel Mansell and Mrs. Richards knew they were going to be removed, and sent Mr. Bartlett's clerk to take the inventory of them. My goods were taken to a cottage I had hired of Mr. Barnes. I went to defendant's father's at West Lulworth. Joseph Eales was on a visit to Mr. Clavell at the time of his death. Mr. Clavell had frequently desired me to give meat, wine, &c., to Eales when he went away, and I gave him some on the occasion of his leaving. I recollect some constables coming to Mr. Barnes's. My daughter came in just before them, and ran up stairs. They searched the house. They searched my box. They took away the defendant and his brother William as prisoners. I went before the magistrates on the 15th of July. My goods, which I had sent to Salisbury, were brought back. On the 2nd of October I was fetched by my daughter to Mr. Barnes. The next day I heard of the will. I learned my daughter had it. I saw it at Doctors'-commons, which was the first time I had seen it since its execution. There was an advertisement for the will. Mr. Clavell was a most amiable man, and I considered him very clever. I have heard him say, that in early life, when he was only a poor clergyman, he was not respected by his relations, and that they noticed him now for the sake of Smedmore. Some money was sent to Mrs. Richards shortly before his death. Cross-examined.-I do not recollect that Mr. Clavell's family complained that I did not let them know anything of his state of health. I never heard Mrs. Frampton complain that I kept the family away. I never heard Mr. Clavell boast of his descent, or the antiquity of his family. I never was cook in any family. I did attend to the cooking. I never told Mr. Clavell that Voss was a bad farmer, that I can recollect. I don't recollect that Barnes ever told him so. fore Voss was discharged, his premises had been searched for smuggling. Mr. Clavell told me to write Be |