Births
At his residence, Clifton Ville, near Belfast, on the 27th ult., the lady of John Taylor, Esq., General Manager of the Ulster Bank, of a Daughter.
July 27, at the Rectory, Kilrea, the lady of the Rev. Thos. Lindesay, of a Daughter.
July 28, at Belleview, county of Meath, the residence of her brother, the lady of Matthew Molony, Esq., of a Son.
Marriages
On Monday the 26th ult., by the Rev. A. C. M'Cartney, in St. Anne's Church, Belfast, Mr. JAMES THOMPSON of North Street, Saddler, to ISABELLA, youngest daughter of William Rodgers, Esq. of Drum, parish of Carnmoney, county Antrim.
On the 25th ultimo, at the residence of the bride's father, by the Rev. John Alexander, Belfast, Mr. CHARLES ELLIS, Smithfield, to JANE, eldest daughter of Mr. James Harper, Millfield.
July 26, in Rathfarnham Church, by the Rev. William Tighe, HENRY COOPER, Esq., of Sterling Cottage, county of Meath, to ANNE, eldest daughter of the late Sterne Tighe, Esq. of Gartlandstown, in the same county.
On the 26th ult., by the Rev. James Denham, Londonderry, Mr. JOSEPH FERRIS, merchant, to SARAH, youngest daughter of Mr. David Denny of Calkill, near Omagh.
On the 28th ult., by the Rev. James Morgan, Belfast, Mr. JOHN STEEL, to BESS, only daughter of Mr. James Rolston, both of Durham Street.
On the 28th ultimo, by the Rev. Thomas Watters of Newtownards, JAMES, son of the late Mr. James M'Kee, Drumawhey, to ELIZA, daughter of Mr. Thomas Moore, Ballyalicock.
On the 29th ultimo, in Saintfield Church, by the Rev. George Edmundson, Leargan, JOSEPH LAIN, of her Majesty's 66th Foot, to AGNES, eldest daughter of Mr. Andrew M'Clelland, Drumnaconel, Saintfield.
Deaths
On the 13th ult., at Glenwherry, Mr. CARLETON ROBERT ADAMS, aged thirty-five years, after a tedious illness, which he bore with Christian resignation.
On the 17th ult., at Clough, aged eighty-two years, Mr. JOHN MOFFET, Merchant.
At Belvidere Cottage, on 21st ultimo, WM. ALLEN, Esq., aged thirty-two, late of Demerara.
On the 24th ultimo, aged seventy years, at her son's residence, Renwick Place, Belfast, LILLY, widow of the late Mr. Wm. Armstrong, county Tyrone.
At the Parsonage, Portaferry, on the 25th ult, in his fourteenth year, JAMES FREDERICK SMYTH, eldest son of the Chancellor of Down.
In Belfast, on the 26th ult., in his sixty-first year, Mr. JAMES WATSON, formerly of Dundonald, county of Down -- a man of strict integrity, faithful as a friend, and respected as a neighbour.
At Banbridge, on the 25th ult, JOHN LOFTIE, Esq., formerly of Tandragee, in the county of Armagh, in his sixty-seventh year.
On the 26th July, after a lingering illness, at the house of his father, Tullycarnett, JOHN M'CLEMENTS, in the eighteenth year of his age. He was a young man of the most amiable and affectionate disposition, and his early death is deeply deplored by surviving friends.
On the morning of the 27th ult., SAMUEL DUFF, Esq. of Ballybunden, seneschal of the Manor of Florida, and agent to Robert Gordon, Esq.
On Thursday the 28th day of July, at Ballynacree house in the county of Antrim, SAMPSON MOORE, Esq., aged eighty-one years.
Clippings
Domestic Intelligence
Ireland.
We regret to announce the death by drowning of Albert, third son of the Rev. Hugh Hamilton, Benmore Glebe, minister of Innismacsaint. He went out to fish in a "curragh" (formed, we believe, of a delf-crate stuffed with bull-rushes), on the Doonagh lough, situate between Derrygonnelly and Garrison, when he met his untimely end. He was a fine young man, sixteen years of age. -- Fermanagh Journal.
REPRIEVE OF WALTER WHELEHAN, CONVICTED FOR THE MURDER OF HIS WIFE. -- TULLAMORE, 29th July. -- This was the day fixed for the execution of this unfortunate culprit, and from an early hour in the morning the people from all the surrounding country poured into the town to witness this awful spectacle. Several influential persons went amongst the crowd, and assured them that the execution had been postponed, yet, for almost the entire day, they lingered about the court-house. I have just learned that the Castle messenger bore a letter from Counsellor Brady, who defended Whelehan, stating that the question under discussion in Dublin merely involved a consideration as to the time when the culprit should be executed, and that he could not hold out any hope of ultimately saving the unfortunate man. He has been reprieved. -- Correspondent of Dublin Evening Post.
THE COVICTED RIBBONMEN AT ARMAGH -- The five persons convicted and sentenced on Friday week, for Ribbonism, were, by an order from the Castle, received by the Sheriff on Wednesday, dispatched (guarded by a few police) to Dublin, by the day coach, to be put on board the transport vessel at Kingstown, on Thursday evening. When they were starting from the hotel, and all chained or hand-cuffed together, an immense crowd assembled of their friends to witness their departure. The unfortunate men raised up their chained hands to take off their caps, and cheered for ould Ireland and liberty, which was responded to by their friends. -- Newry Telegraph.
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COUNTY OF LONDONDERRY ASSIZES
THESE Assizes commenced on the 27th ult., before Sergeant Greene. The calendar was very light, and the cases of a minor character. The whole criminal business was gone through in one day. The only Crown case which excited any considerable degree of interest was that of a man named John Maxwell, who was convicted of having embezzled £190, the property of his master, Mr. Archibald Fisher, of Garvagh, and sentenced to be transported for seven years.
In the Record Court, on Thursday, an important case was tried before Baron Pennefather and a special jury, of which the following is an abstract.
ALLEGED BREACH OF CONTRACT IN THE SALE OF A LIVING.
William Henry Fortescue, plaintiff; the Bishop of Derry, defendant.
Mr. A. M. ALEXANDER stated the case. This was an action of assumpsit, brought by the plaintiff, as the executor of the late Thomas Knox Magee, to recover a sum of money alleged to have been paid to the defendant, when Bishop of Killaloe, by said T. Knox Magee, on the faith of a written promise from defendant, that he would present the son of said Magee to the first vacant benefice in his power. £1,000 had been paid, but a bond, was given for £2,000. The contract had not been fulfilled. Damages were laid at £3,000, and defendant pleaded the general issue.
Mr. J. SHIEL stated the plaintiff's case. The facts relied upon by the learned Counsel were as follow:-- In 1830, the tutor of Mr. Magee, jun., at the request of Mr. Magee, sen., called upon Mr. Barlow, a solicitor in Dublin, who introduced him to a Mr. Pearson (alleged to have been acting for the then Bishop of Killaloe, the present defendant). This gentleman informed Mr. Barlow that he had the right of presentation to a living worth £500 to £600 a year, the incumbent of which was ninety years old. It was stipulated, by Mr. Pearson, that £1,000 should be paid in hand, and £1,000 more on the death of the incumbent. To this Mr. Magee consented, and Mr. Pearson called on the tutor, and produced a letter from the Bishop, consenting to give the first living to Mr. Magee. The Bishop was at this time in difficulties. Other communications followed, a living was named, and £1,000 paid, while a bond for £1,000 additional was signed for Mr. Magee, and a penal bond, conditional to the £2,000, was signed by the Bishop. There was no living vacant then in Killaloe diocese; but Mr. Pearson procured one for Mr. Magee in that of Ossory. On his going thither, however, the Bishop of Ossory refused to confirm his nomination. The Bishop of Killaloe was translated to Derry in 1831, no vacancy having occurred in the interim. Mr. Boyd, sen., by a first will, had bequeathed to his son £3,000, but reduced it, by a codicil, to £60, stating that he had provided for him since the making of the former will in a different way -- viz., by the contract for the living. A vacancy occurred in the see of Derry in 1832, and Mr. Magee's friend applied for it on his behalf. The Bishop's agent called on Mr. Magee's friend, and offered to pay off the bond, with interest. This Mr. Fortescue, acting for Mr. Magee, refused to agree to. The agent communicated with his Lordship, and again called and said that whatever promise the Bishop had made in his former see would be acted upon, but that the bond must begot rid of. Mr. Fortescue ultimately consented to receive the whole of the money paid, with interest -- not, however, relinquishing his claim on the Bishop. -- A long correspondence ensued; the brother of the Bishop's agent offered an arrangement, by giving Mr. Magee the curacy of Strabane. This was refused. An offer was then made by the Bishop to leave the matter to arbitration. Mr. Magee's friend proposed to leave it to his Grace the Lord Primate; but this was again refused by the defendant's solicitor. Several letters from the Bishop's law advisers were read, stating, at subsequent periods, his determination not to be compelled or induced to use his patronage in the way sought for; and, finally, Mr. Magee was told that he might apply to a Court of law, which he did in the present action.
Witnesses having been examined, and much documentary evidence adduced, in support of the learned Counsel's statements,
Mr. SMITH, Q.C., stated the case for the defendant. He showed that the Bishop had not pocketed Magee's money, and commented strongly on the nature of the suit -- an action against a dignitary of the Church, by a brother clergyman, acquainted with the canons of his Church, for his not having broken his solemn oath, and consented to become a party to an act of simony. He denied that the Bishop was cognisant of the contract entered into by Pearson, though he admitted the Bishop had written the letter; the promise of the living was made in consideration of repeated acts of kindness of Pearson to his Lordship. The learned gentleman next dwelt upon the point, that, after the Bishop had repudiated the contract, repeatedly, no action had been brought, until Barlow, Pearson, and others who could have proved the Bishop's case, were dead. He insisted that the action was not sustainable at common law.
Baron PENNEFATHER then charged the jury. He said the case was an allegation of a contract quite illegal, reflecting most on the defendant, supposing it to have existed, and he to have been a party to it. The letter of the Bishop, promising the living, did exist; but, unless they were convinced that the promise was made for the corrupt consideration of £2,000, they could not find against defendant.
The jury, after having retired for upwards of two hours and a half, returned a verdict for defendant. -- Abridged from the Derry Sentinel.
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COUNTY MONAGHAN ASSIZES.
[FROM THE REPORTER FOR "THE BANNER."]
CROWN COURT.
BEFORE THE RIGHT HON. JUSTICE PERRIN.
Thursday, July 28.
The Court resumed this morning at nine o'clock.
Trial of Sam. Gray.
In this case, the following challenges, &c., of the petit jury took place:--
Robert Temple, sworn.
John Boyd, sworn.
James Courtney, challenged and set aside by the Crown.
James Moyna, challenged peremptorily by Counsel for prisoner, but objection as to having expressed an opinion. overruled by the Court -- sworn.
John Cargill, sworn.
John M'Cusker, sworn.
John Johnston, set aside by the Crown.
James M'Wade, sworn.
Hugh Kelly, sworn.
John Hewitt, set aside by the Crown.
Wm. Hughes, sworn (after an objection having been overruled as to his having been challenged after the book was in his hand).
Henry Caulfield, sworn.
Wm. Smyth, sworn.
Samuel Jamison begged to be set aside, but showed no reasonable grounds -- sworn.
Alexander Armstrong, set aside by the Crown.
Peter M'Coy had formed an opinion on the case, and was set aside.
Matthew Logan, set aside by the Crown.
James Quigley, sworn.
James Campbell, set aside by the Crown.
John Hughes, sworn.
Sam. Gray was then placed, at the bar, and indicted for that he, on the 26th November, 1840, did, near Ballibay, wilfully, feloniously, and maliciously, fire a pistol, loaded with gunpowder and one leaden bullet, at one James Cunningham, with intent to kill and murder him. On a second count, the prisoner was indicted for firing at Cunningham with intent to do him some grievous bodily harm.
The prisoner pleaded not guilty.
Sir THOMAS STAPLES (with whom were Mr. BREWSTER, Q.C., Mr. HANNA, Q.C., and Mr. O'HAGAN) stated the case for the prosecution.
The prisoner was defended by Mr. WHITESIDE, Q.C., and Mr. NAPIER.
James Cunningham, examined by Mr. BREWSTER, Q.C. -- In 1840, I lived at Ednanea, about a mile and a-half from Ballibay. I have known prisoner for more than thirteen years. I was born at Ednanea. I was very intimately acquainted with the prisoner. I remember the Sheriff going to Ednanea, on 26th of November, 1840, for the purpose of giving to Bradford Stewart possession of a property left him by his father's will, and which was disputed by Gray's son. I and Sanderson, Stewart Boyd, Bradford Stewart, a man named Brennan, and Owen Murphy, were at the delivering up of possession. I think possession was given about twelve o'clock. The parties afterwards went to Ballibay. I went myself -- Sanderson also went, but Owen Murphy went before us. The Sheriff went to Ballibay. The Sheriff was to give up possession of some houses in Ballibay, included in the same suit. It may have been two or three o'clock when we reached Ballibay. Bradford Stewart came to Ballibay at that time. I think his father Wm. Stewart accompanied him. I got possession of the houses in Ballibay. Owen Murphy was present. I saw Sam. Gray walk from near the hotel up the street, towards where Samuel Boyd lived, at the time I got possession. The houses are on the road leading from Monaghan, in the direction of Rockcorry and Castleblayney. The York Hotel is a corner house. Two of the houses are on the opposite side to the hotel, and three on the same side. A person could see the hotel from the two houses. They are in the main street. The hotel has two doors. I saw Sam. Gray both inside and outside of the hotel. A woman who was ill of fever was put out of one of the three houses I spoke of. Owen Murphy gave me up the key of that house after the lock had been put on. He brought the key to Mr. John Breakey's, on his way to which he had to pass the York Hotel. After possession had been given me, I went into the house of a man named Murray, but did not stop long. I believe James Sanderson was there. I next went to John Rutherford's. David M'Clatchy and a man named Leckey were there. While I remained, I saw Owen Murphy come in. I had not been more than fifteen minutes in the house after he came, and I only remained for five or ten minutes. When I left, James Sanderson and Owen Murphy accompanied me. I had not, up to that time, been nearer Gray than five or six yards. When I left Rutherford's, I went in the direction of Ednanea. Murphy stopped to speak to some one on the road, and Sanderson and I went on. It was opposite the Ednanea road, near the hotel, that Murphy stopped. I saw the prisoner stand on the outside of the hotel, on that front of it which faces the Ednanea road, opposite to the police barrack. I did not notice him before Murphy stopped. I was walking down the centre of the road. I did not notice any person with Gray. It was about four or five o'clock at the time. When I left Ballibay, some persons had candles lighted, and others had not. People were bringing in cattle, and returning from labour. On the way home, at a little wall beyond the shambles, I met Bradford Stewart, William Stewart, Stewart Boyd, and a man named Brennan, whom I did not then know. They were all riding. Up to this time, Murphy had not overtaken us. I stopped to speak to Bradford Stewart. Sanderson also stopped. I did not stop long. Murphy came up while I was talking. Stewart and his company went on homeward, and I and my companions towards Ednanea. I observed Sam. Gray come up the footway on the opposite side of the road, and then leave it, and pass betwixt me and the wall. I had my back to him. It was on the side of the York Hotel he came up. Bradford Stewart was nearest the wall. There is not a footpath on both sides of the road. Gray had on a dark cloak. He crossed back again to the footpath. There was a bend in the road, and I was on the outside of the road, which enabled me to see the footpath. As we went up the road, the footpath was on my right hand, James Sanderson was in the middle, and Murphy was on the farthest side from me. This was the position we took when we left the horsemen. Near the mearing between the meadow of Billy Gray and Sam. Gray's own meadow, scarcely a quarter of a mile from Ballibay, we met the prisoner. I had not lost sight of him for a moment from the time he passed us. He had walked up nearly as far as a planting, and then turned. He was about fifteen or twenty perches from us when he turned. He was walking pretty quickly as he was meeting us. When he came within about two yards of us, he stopped and asked, "Is that you, James and Owney?" or "Owney and James?" He threw up his cloak with his right hand, and fired a pistol at me. I heard the ball whiz past my right ear, so close that it touched my hair or hat. He was standing on the brow of the footpath then. He immediately stepped forward, with his face opposite to Sanderson, and shot Murphy with another pistol. I saw the wadding burning in two places of Murphy's breast. Murphy stretched out his hands, gave two or three high steps, as if he had been tripped by a stone, and then fell flat on his face. Sanderson was scarcely a yard from me, and Gray about the same distance from Sanderson. I made off as quickly as I could, in the direction of my own house, after I saw Murphy fall. -- I ran. As I ran along the footpath, I turned sideways, to see whether Gray was following me, and heard a third shot fired. Gray was about a couple of perchs from me. I did not hear anything said at the time. I went on for a short distance, and met a man named Mulligan. There were numbers of others on the road, bringing home cattle, and so on; but I paid no attention to them. It was on the footpath, about five or ten perches from where the shots were fired, that I met Mulligan. He is a sawyer by trade. A little distance farther on, I met Charles Cassidy. I afterwards went to the house of Widow M'Keag, whose son came back with me into Ballibay. I saw Mr. Wilcox, the magistrate, in Ballibay, about two hours after the occurrence. He was lying sick at the time.
Cross-examined by Mr. WHITESIDE. -- I never had weak sight but it is not improving. I will not swear that I did not say upon the first trial that my sight was weak. I wear spectacles when I am reading. I have told what l believe to be truth, both on this trial and the former one. I was not asked any question about the woman who had the fever. I have told parts of my story to several persons since the last trial, I have been in Dublin principally since last Assizes, I know a boy named Nat. Brady, and have soon him in the Castle yard in Dublin. He lived with me once. I saw Bradford Stewart at my lodgings yesterday, and was talking to him. He knows Sam. Gray very well. He is not weak sighted. I have not seen William Stewart, Bradford's father, since last Assizes. When Gray crossed over from the footpath, he passed the horses' heads, and went between my back and the wall. Sanderson's face was to him. I drank no whiskey in Ballibay on the day in question, except half a glass. Drinking does not improve my sight, but I do not see double when I get whiskey. I cannot tell how often I have been tipsy since I went to Dublin. I cannot be mistaken about Sam. Gray's having fired the shot at me, and I swear it was the same person who shot Murphy. I never said it was only by his voice and his dress I knew him. I have talked about this case to Dublin, but don't remember saying that I would like to fix Sam. Gray.
To Mr. BREWSTER. -- M'Fadden, nephew to prisoner, asked me if it were true that his uncle had shot Murphy, and I told him that he was the man, and no other. This conversation took place in Cootehill, previous to any of the trials, and I think a person named Rutherford was present.
To Mr. WHITESIDE. -- M'Fadden spoke to me about the case, both in Cootehill and Ballibay.
To a JUROR. -- I think Gray's cloak was fastened at the collar, and the cloak was thrown aside when he put out his arm with the pistol.
To the COURT. -- I did not see the pistol at any time.
To a JUROR. -- It was not from the darkness of the evening that I did not see the pistol; but I had no notion that anything of the kind was going to occur.
James Sanderson, examined by Mr. HANNA, Q.C. -- I formerly lived at Ballydine, near Ednanea. On the 26th Nov., 1840, I saw the Sheriff give up possession of some lands there. This was about twelve o'clock. The Sheriff then went into Ballibay, and I saw him at a house formerly occupied by Sam. Gray. He was giving possession of it to James Cunningham. There was a woman, said to be ill of fever, in the house at the time, and I assisted in bringing her out. I went to Breakers for a lock for the door. I went twice past the York Hotel, and the second time I saw Sam. Gray and Robin M'Dade standing on the outside of the hotel. There was a short distance between them. M'Dade spoke to me, but Gray did not. I was sent a third time to Breakey's, but don't remember seeing Gray more than once. I went back to the tenement where the sick woman was, and saw James Cunningham and others there. Cunningham went to the house of Rutherford, one of his tenants. I found him afterwards at Edward Murray's, on the same side of the street on which he lives. It was then, I think, about four o'clock. Cunningham, and I came down to Rutherford's, where we did not stop long, but went to the house of one George Magenis to Meeting-house Lane. We then came back to Rutherford's, and left the town between four and five o'clock. There was no one with me except Cunningham. We went to the direction of Ednanea, passing the York Hotel, but I did not see Sam. Gray at the time. I saw Owen Murphy. Afterwards, I saw Gray come down the road, near a cottage he had built. I have known him since I was a little boy. When I saw Gray, he was coming toward us. We met three men opposite to the shambles, on the Ednanea road. They were all riding. Two of them were Bradford Stewart and his father. I did not know the latter at the time. Both Cunningham and I stopped to speak to the men, near the middle of the road. I don't remember seeing any one pass. Owen Murphy came up. He lived in Ednanea. I could have a nearer way home, but I went that road for company. Several perches farther on, I saw Sam. Gray coming toward us. There is a footpath on the road, and he was upon it. I was in the centre, and Murphy on my left hand. Cunningham was nearest the footpath. When Gray came opposite to us he said, "Is that you, James and Owney?" and immediately he fired a shot. He then made three steps forward, and in a few seconds fired another. He was so near me that he could have held me with one hand and fired with the other. I rather think he was on the footpath at the time. James Cunningham was nearest to him. Gray was in front of me when he fired. The first shot was fired towards me. I did not see that any harm was done by it. When the second was fired, I saw the wadding burning on Murphy's breast; he lifted up both hands, gave three or four big steps, and fell with a clash on the road. I put my hand on his shoulder, and asked him if he was shot dead, but he made me no answer. I then went into Ballibay. After I turned toward Ballibay, I heard a third shot fired behind me. I met people going into a meadow, a short way down the Meetinghouse Lane, but I did not know who they were.
Cross-examined by Mr. NAPIER. -- I was alarmed when the second shot was fired, and ran off to Ballibay, immediately after I put my hand on Murphy's shoulder. I have told my story often, and read the report of my evidence at the last trial. I had a conversation about my evidence. Cunningham, and a fellow named M'Anally, were present, with some others. It was after two o'clock when we went into Ballibay with the Sheriff. After our work was done we got some whiskey. On leaving the town, Cunningham had half-a-pint in his pocket, and I had a pint. Murphy was not with us when we first left the town. We saw Sam. Gray following us, coming from the hotel. He had no one with him. I don't remember seeing him at the time I stopped with the horsemen. Some people had candles lighted, and others had not, when we left the town. I never had such a thing as a watch. I saw Gray lift his arm from his side. He had a large cloak, without sleeves, to the best of my opinion. I think I swore on the last trial that it had no sleeves.
Mary Short, examined by Mr. O'HAGAN. -- I live in Ballibay, and know the prisoner. I recollect the night on which Owen Murphy was shot. I was returning from the country that night, along the Ednanea road. I saw a girl driving a cow, and the men who were going out along with Mr. Cunningham. I saw Sam. Gray on the road that night. [Identifies him.] It was not a quarter of a mile from Ballibay -- it was between Ballibay and the rabbit burrow, opposite to Gray's own land. I heard a shot fired, and one of the men said, "For God's sake, James, turn!" To the best of my knowledge, I was three yards from the men when the shot was fired. There was a second shot fired. Both were fired by Sam. Gray. I saw a man fall. The prisoner had a cloak upon him. After the man fell, I made my escape as fast as I could towards Ballibay.
Cross-examined by Mr. WHITESIDE. -- I have but one eye; but, if God took one talent, he could give me two. I have not the talent of invention. I have been in Ballibay for more than thirty years -- not for a hundred. I sell little goods about the country, for which I get both money and potatoes. I was at Ballibay when the inquest was held, and at the first trial, but my daughter would not let me speak about the business.
Mary Ann Livingston, examined by Sir T. STAPLES. -- I was living in the service of Mr. Greer of Ballibay on the 26th July, 1840. On that evening -- the evening on which Murphy was killed -- I was driving home a cow and a goat of Mr. Greer's along the Ednanea road. Two girls, named M'Cabe, were with me. I heard three shots fired, but did not see any person fire them. They were fired betwixt me and the town. I came on towards the town, and saw a man lying dead on the road. I did not stop, or go close to him. I saw Sam. Gray near to him -- I had known him for a twelvemonth before. He had a Macintosh upon him -- either a coat or a cloak -- and it was, I think, loose upon him. I saw Gray go to his own gate, on the lefthand side of the road. He opened it and went in. It is an iron gate. I saw no more of him that night. The gate leads to Gray's cottage. The two M'Cabes continued with me all the time, and I left them in the town. They lived about a mile from Ballibay. I was "middling" well acquainted with them. I saw them eight days after this occurrence. They then lived with their mother, but left her residence on the Sunday eight days after the murder, and I have never seen them since. I am not now living with Mr. Greer. I did not remain a month in his service after Nov., 1840. When I left Mr. Greer's, I went to George Haugh's, about a mile from Ballibay, and stopped for two or three days. I next went to another house, and stayed for a day and a night. I next went to the house of a person named Wylie, and from that to the house of the prisoner, where I stopped a few days. I speak of the hotel. From thence I went to James Martin's, beyond Newbliss, where I remained for seven weeks. I returned again to, the hotel, and stopped for three or four days. I next went to Castledawson, to Mr. Hillman's, and was there for six weeks. I had not known Mr. Hillman before. Mr. Hillman is a married man. It was of my own choice that I left Ballibay to go to these different places. I returned to this country from Castledawson; and I have been in Dublin for a while.
Cross-examined by Mr. NAPIER. -- I had been living with Mr. Greer for a twelvemonth. He is a married man, and his wife was at home on the 30th Nov., 1840. It was my business to drive home the cows from where they were grazing: and I milked them when I got home. I picked up the Misses M'Cabe at their own house. I was greatly alarmed when I saw the dead man. It was a Macintosh with sleeves that Gray wore on that evening. I did not see a pistol with him as he stood beside the dead body. He, and I, and the cows, all came down the road together. We had no conversation about the dead man. He spoke one word to me. We did not meet the police. I heard of the inquest while I was living with Mr. Greer in Ballibay.
Elizabeth Murray, examined by Mr. BREWSTER. -- Remembers the night Owen Murphy was shot; was living a servant at Mr. Drury's then; was coming along the road driving cows -- it was the road leading from Rockcorry; knows where the rabbit burrow is; came by it; as she came in, met Sam. Gray opposite the Meeting-house gate; met three other men; Gray was going towards the rabbit burrow, and so were the men; it was about five o'clock in the evening; at the turn down the Meeting-house Lane she met the three men, but does not know them; after she passed the three men, heard shots; was at that time about nine or ten perches from the Meeting-house Lane; was driving the cows before her; she met a man coming running up to her; thinks this man went into Magenis's, but is not certain; Gray was then on the ditch side of the road, witness on the footpath.
Cross-examined by Mr. WHITESIDE. -- There are a footpath and a ditch at each side of the road. I have seen you before, and was proud to see you yesterday. I have been living for six months under your protection. (Laughter.) [Mr. WHITESIDE -- I disclaim it, Betty.] Well, I have been living under the protection of a gentleman, at Fothernabrush, near Dundalk. I did not drop in at the inquest on the body of Murphy. On the night of the murder I had two cows and a little one. Mrs. Davis had neither cow nor calf. She did not leave the footpath, but I did, and went into the centre of the road.
To the JUDGE. -- I don't know where Mrs. Davis is now.
Mr. WHITESIDE. -- She will be produced for us, my Lord.
To Mr. WHITESIDE. -- I brought the cows home safely on the night I have alluded to, and milked them. The cream was good. (Laughter.)
Mr. WHITESIDE. -- That's right. You may go home now. (Much laughter.)
Maria Taylor, examined by Mr. HANNA. -- I lived in Ballibay on the 26th Nov., 1840. I was in the York Hotel on that morning, and inquired for Sam. Gray, whom I saw there. As I left the hotel, I met M'Vey, the policeman, and spoke to him, I overtook Sam. Gray, between his own cottage and the shambles (on the Ednanea road). He was going towards the Meeting-house. I spoke to him, and he told me to go home and give myself no trouble about the matter I had been speaking to him of -- namely, about my landlord having seized my goods. Gray did not stop upon the road at the time he told me to go home. He went towards the Meeting-house. I saw James Cunningham, and three men upon horseback, on the road. James Cunningham, who was afoot, was talking to the latter. Sam. Gray passed between them and the wall, towards the Meeting-house. I returned homewards, towards the York Hotel. When I got to the corner of the horse market, I heard shots. I had passed the hotel and Rutherford's at this time. It was about fifteen or twenty minutes after I had been talking to Gray that I heard the shots.
Cross-examined by Mr. NAPIER. -- I was not so well off in the world at the time of this occurrence as I now am. I don't live in Ballibay now, but in Dublin, and my husband pays for my support. He was in the police, but has left them. He attends auction rooms, and that is the way I have got up in the world. I have not known him get any money on account of this trial since last Assizes. I never opened my lips to Cunningham except once, in Dublin. There was a trifling subscription raised to carry me out of Ballibay. I read a newspaper report of the first trial of Gray in Ballibay. I met M'Vey, a policeman, who I heard was to be a witness upon this trial. He is now in the 12th Lancers. I mentioned his name at the last Assizes, but would not be allowed to say a word more about him. When I went into Gray's hotel, I think it was his second son I saw. I do not know his Christian name, but always thought it was Sam. I think I swore so on the last trial, but I heard afterwards I had made a mistake in the name. I had lived in Ballibay for three or four years before this occurrence, and knew him and his sons perfectly by eyesight. I knew him and his son James perfectly. I may not have known the names of his sons exactly. I was for days and years without knowing them at all. I did not walk with Gray from the horsemen towards the shambles. I did not know Sanderson at that time -- Cunningham was the only man of the party I knew. I have not talked with him about the trial. My family were all lying ill of fever at the time of the inquest, and I did not mind attending it.
To Mr. HANNA. -- I alwaysha[sic] some property of my own. When I went to Dublin, my mother gave me some money.
Christopher Brennan, examined by Mr. O'HAGAN -- I was coming from Ednanea with Bradford Stewart, William Stewart, and Stewart Boyd, on the evening of the 26th November, 1840. We were all on horseback. Bradford Stewart stopped to speak with some men whom I did not know. Stewart Boyd and I rode on, and I spied Sam. Gray coming down from the direction of the shambles. He walked leisurely by, about two yards from us. I had known him for thirty years. I touched Stewart Boyd, and said that that was Sam. Gray. [Identifies prisoner.]
Cross-examined by Mr. WHITESIDE. -- I saw Stewart Boyd a few minutes ago. I was not talking to him a word, barring giving him the time of day. I have been talking ever since I was able to walk. [The JUDGE. -- Are you sure of that?] (Laughter.) I heard that the poor fellow was shot, but did not go before a magistrate for a length of time -- not till I was obliged to do so.
Stewart Boyd, examined by Sir T. STAPLES. -- I left Ednanea on the evening of the 26th November, 1840 in company with Bradford and William Stewart and Christopher Brennan. We were all riding in the direction of Ballibay. William and Bradford Stewart stopped a little behind, and Brennan and I went on. I met George Farlowe and a man named M'Dade -- Robert M'Dade, I think. My attention was drawn to a man behind me, but I did not see his face. I will not swear positively who it was. The man had a muffle or cloak -- a wide cloak -- upon him. He was moving from the town -- from the direction of the shambles. I was about two perches from him, but was paying no attention to those behind me. We stopped at the house of one Alexander Boyd. I had not been more than three minutes in town when I heard Owen Murphy had been killed. I know James Sanderson, but did not know him at the time of this occurrence. I am aware of a record trial having been tried at Armagh, and of Owen Murphy having been a witness to it.
Cross-examined by Mr. NAPIER. -- I had known Sam. Gray quite well before the 26th November, 1840.
Wm. M'Clean, Esq., examined by Mr. BREWSTER. -- I am a physician and surgeon. I remember the night on which Owen Murphy was killed. When I first saw the body, it was lying on the side of the road, on the face. I went to Ballibay, and met the police on the way. The body was removed to the police barrack, and I returned with it, having gone back again. I examined the body, and saw a perforation about two inches above the breast on the right side, and a mark of something on the opposite side. I did not know James Cunningham before that night. Something passed between us. I examined the body again at the inquest, on the next day -- not in consequence of what had passed, but in order to give evidence. I again saw the perforation on the right side, and a hole on the opposite side of the chest. There was a second and smaller perforation on the right side, below the larger. Near the breast-bone there was a point blackened, and beyond that something resembling a tumour, which I opened, and extracted a small bullet. On the next day, I again examined the body, and found that the larger bullet had passed through the body, and the arm of the coat. The breast of the coat, where the balls had entered, appeared to be burnt.
Cross-examined by Mr. NAPIER. -- The wound which traversed the chest could not have been given while the body was lying on its face. The smaller bullet did not take the same direction, but an oblique one.
James Brady, examined by Mr. HANNA. -- I remember the day on which Owen Murphy was shot. I was in Ballibay then. I know Sam. Gray. Towards the end of the day I was at the York Hotel, and saw Sam. Gray, Mr. Farlowe, Mrs. Gray, and Miss Jane Gray. Sam. Gray told me to go and see where Mr. Murphy and Mr. Cunningham were; whether they were at Mr. Rutherford's. I went to Mr. Rutherford's, came back to the York Hotel, saw Mr. Gray, and told him that the two men were in Mr. Rutherford's, drinking punch, or something of that sort. He was standing at the door at the time. He had upon him an India-rubber cloak. I saw a pistol in each pocket of the cloak. Mrs. Gray, Mr. Farlowe, and his daughter came to him, and wanted him to go down to his tea. He replied, he would have no tea to-night. I went down to the kitchen then. A little boy came there, and said that a man had been shot. I went down towards Robin M'Dade's. I met the police on the road, coming towards their barracks, from the direction of M'Dade's. I came back again to Mr. Gray's hotel. The police came there soon afterwards. I did not see Mr. Gray in their custody.
Cross-examined by Mr. WHITESIDE. -- Mr. Roche, a policeman, bought me my shoes. I can't say how long I am living with the policeman who gives me shoes for nothing. The policemen brought me here at the first trial, but did not put me on the table. I lived with Cunningham at the time of the first trial. I saw him yesterday and to-day, but not since he was examined. I breakfasted with him this morning. I was called "Nat." in the country, but not "tricky Nat." I have drunk some whiskey. I like it raw. I never was drunk but once. I got the medal from Father Mathew, and sold it for sixpence -- not for whiskey. I laid out a part of it for whiskey, and bought a cracker with the balance. I have drunk whiskey -- just a johnny -- in Dublin, since the first trial. I can't tell what street it was in, nor where the best stuff is sold. I smoke a pipe now and then. I have never smoked a cigar. The police gave me the money to buy the whiskey. When I was in Gray's hotel, on the occasion I have spoken of, there was a man named Graham there.
To a JUROR. -- The pistols were in the pockets of Gray's cloak. I saw the handles of them, but can't say whether they were horsemen's pistols or not.
Acting-constable John Devlin, examined by Mr. O'HAGAN. -- I was stationed at Ballibay on the day Owen Murphy was shot. He was shot between four and five o'clock. I saw Sam. Gray pass the hotel on that day, after the Sheriff had given up possession of the tenements. I saw a pistol in one of his trousers pockets, and a lump, which I thought was a pistol, in the other. When I heard Murphy was shot, I went directly to the barrack, and got out my party. I placed a sentry in front of the hotel. I remained ten or fifteen minutes, and then accompanied Constable King into the hotel. We saw William Gray, and he asked us whom we were looking for -- whether were looking for his father? We went up stairs, and found him in bed. He asked us what was the matter, and we told him that Owen Murphy was shot -- that he was accused of the murder -- and that he had better get up out of bed. He did so in five or six minutes, but seemed very dilatory. The bed did not appear to have been long lain in, which I ascertained by passing hand down along it. He came down to the drawing-room. We could not find his boots, and went there to look for them. He made some resistance to going with us, and wanted to get tea, but Constable King would not let him stop. We brought him to the police barrack. On the next day, we searched Mr, Gray's cottage, and found three pistols -- a case of new ones, and a holster. These were in a press which we could not open until Mrs. Gray brought the keys. The cottage seemed to have been lately inhabited, and I think there was a fire burning in it. I know the York Hotel. A person could go from it to the cottage without passing along the road, but not, in daylight, without being seen.
Cross-examined by Mr. NAPIER. -- Mr. Gray had on a black frock on the night in question. The pistols I examined carefully, and they had no appearance of having been recently discharged. The holster pistol was loaded. The Sheriff had been in town that day, and I heard he had an order for Gray. I had that interesting lady, Mrs. Murray, under my charge, but have parted with her.
Constable Jas. King, examined by Sir T. STAPLES. -- I think it was about five o'clock when the alarm reached me about Murphy being killed. I immediately took out my party, and went to where the body was. Before I went out, I gave orders to my men, but did not then place a sentry on the hotel. I placed one at the gate of the cottage -- his name was Moore. I proceeded afterwards to the hotel, and placed one sentry at the front and another at the side. There is one door in the front, and another at the side facing into the Rockcorry road. There is also a door into the yard at the rear. One of the two sentries was M'Vey. I went and searched M'Dade's and M'Kenna's houses, searching for Sam. Gray, thinking he might have taken shelter there. I then went to Gray's cottage, knocked, and, receiving no answer, broke open the door. I found no one there. There was some fire burning in the kitchen. I searched for fire-arms, and found, first, a blunderbuss, a fowling-piece, and a pistol, and next three pistols, all large ones. One of them was loaded, the others not; and none of them seemed to have been recently discharged. I went next to the hotel. Gray's son asked it we wanted his father, and told us he was in the drawing-room. We went up stairs, and found him in bed. He asked what was the matter, and I told him Owen Murphy had been killed, and that he was blamed for the murder. He said it was all nonsense -- that it was impossible. I replied it was too true -- that the man was dead. He was entirely undressed at the time, but dressed and came down stairs. He wanted to get tea, and said he would not leave that till he got it. I caught hold of him, and told him he must come away; and brought him with me to jail.
Cross-examined by Mr. WHITESIDE. -- I fancy the pistols have not grown any since the last trial. I was not then asked whether they were large or not. I saw nothing remarkable about Gray's boots when he got out of bed. I saw him put on his black frock, but found no cloak whatever.
Alex. Harris, Esq., county surveyor, examined by Mr. BREWSTER. -- I have compared the map handed to me with one which I made. It is now correct. The place where the body of Murphy was found was pointed out to me by Mr. Wilcox, stipendiary magistrate of Ballibay. The distance from the corner of the York Hotel to that place is 360 yards, and from the cottage 276 yards; From M'Dade's to the hotel is thirty-six perches. M'Dade's is opposite to the meeting-house yard. Between that and the shambles there is a low wall. I did not go into Sam. Gray's cottage, but think that the elevation of the ground, from the coping of the to the flagging at the York Hotel, is about nine feet. There is a passage from the cottage to the York Hotel, I will not undertake to say that there is a door in the cottage opposite to the end of the passage. My impression is that there is a door in the York Hotel, at the other end of the passage. There is a space between the cottage and the hotel which seems to have been occupied as a yard, and there is a gate, an iron one I believe, at the rear of the cottage.
Cross-examined by Mr. NAPIER. -- Any person travelling along the road from Ballibay to Ednanea could see the cottage and the grounds. I was sent by the Crown to make the survey, but never saw a river between the hotel and the cottage.
Bradford Stewart, examined by Mr. WHITESIDE. -- My father is just now in the court-house. I have known Sam. Gray nearly my whole life. I was one of the horsemen who stood talking to Cunningham on the road, on the night that Owen Murphy was shot. I was called upon at the first trial, but not on the second.
Wm. Stewart, father of the last witness was also offered for cross-examination by the Crown, but Counsel for the prisoner declined to ask him any questions.
Michael M'Anally was also proposed for the same purpose, but sent down without being interrogated.
The case for the Crown closed here.
Mr. WHITESIDE then addressed the jury on the part of the prisoner.
John Galt, examined by Mr. NAPIER. -- I know the prisoner Sam. Gray. I remember the time Owen Murphy was shot. I slept at Gray's hotel in Ballibay on the night preceding. Sam. Gray was there. I left that house next morning, and went to Dublin, as a witness in a suit in the Prerogative Court. I left Ballibay about half-past four o'clock, on Anderson's outside car. Gray and I rose together, and saw light in Anderson's yard, where the boy was getting ready the horse. I borrowed Gray's cloak and a muffling handkerchief -- it was the only cloak I ever saw him have. I got to Dublin the same night. I heard of the murder of Owen Murphy in Dublin next morning. Sam. Gray's son told me that his father had been arrested for it. I came home on Saturday night, bringing the cloak with me. I got a pair of pistols in Dublin, from James Gray, which I also brought home. A Mr. Fleming was with me on the car going up, and put me into the lodging where James Gray was.
Cross-examined by Mr. BREWSTER. -- I live scarcely a quarter of a mile from Ballibay. I am no friend, but only an acquaintance, of Gray's. When I was going to Dublin, Gray sent a man named Cochran, with two others, to work in my place. This was the day before I went to Dublin. The men dieted at my house. I slept at the hotel on the night before I went to Dublin. I went into Ballibay about dusk. I saw some of Gray's family. I have been frequenting Gray's house for more than five years. I frequented other houses as well as Gray's. I don't know what age I am -- whether between thirty and forty. I am more than thirty. I don't remember what age I gave myself in the Ecclesiastical Court. When I went to Gray's, I had refreshment with a person named M'Bride and his son, and a man named Charles Wylie. I sat in the parlour down stairs with these men and Mr. Gray. Wylie was unwell. We sat up till it was pretty late. We had then a naggin of spirits, and went to bed. I think I had a tumbler of punch with the Wylies, for which they paid. Nobody paid for the naggin. I saw Mrs. Gray, who went down to the lower house (the cottage) to her bed. I never slept in the York Hotel, before or since. I saw a girl named Bess Somerville at the house that night -- I will not swear that I was not talking to her. I don't recollect whether I saw a person named Graham or Grimes. I saw a girl named Jane. I saw the second son of Sam. Gray -- his name is James. The eldest was not there. I cannot say whether I saw any other of the sons. I never swore that I went to Anderson's, and got upon the car there. I know the family of the Wales's, but cannot distinguish them by their Christian names. I don't know a person named John M'Caffrey, either by name or by sight. On my oath, I was not in Ballibay after daylight broke, on the day that the Sheriff gave possession of the tenements, nor was I in the town on the preceding day. I thought, from the way in which I was questioned at last Assizes, that they wanted to prove I was in Ballibay on the first-named day. Let them (the Crown) do it now if they can. I was a witness for Gray at the will case in Armagh. I have not often been a witness for him. I went to Dublin twice before the time I speak of, as a witness for him in the will case. He lent me his cloak each time. I was only examined once. The cloak was a blue cloth cloak. I don't know what a Macintosh is. While in Dublin, I stopped at Mr. James Gray's lodgings, in North Cumberland Street.
John Marshall, examined by Mr. NAPIER. -- I was in Ballibay on the night Murphy was shot. I was in the York Hotel. George Donaldson and Mr. Gray were there. A man named Jemmy Cochran, and a boy named Graham, came in after me. I know the room at the lower end of the shop. I saw a young man named Farlowe come up out of that room. He asked Mr. Gray if he would come and have tea. The latter replied that he would not -- that he had been up late on the preceding night, sending Galt away to Dublin, and, that he would go and have a sleep. The stairs lead right out of the shop. I saw Gray go up stairs. I saw a girl named Bess Somerville come out of the room behind the shop, with a lighted candle in her hand, with which she went up stairs. After that, while I was in the shop, I heard shots -- I think there were three. After Gray went up stairs, it was impossible for him to have come down, and gone down the street towards the shambles, without my seeing him. I did not see him after he went up stairs. I waited in the shop till Gray was arrested. When I saw Gray, he had neither muffler nor outside coat. He wore a frock coat.
Cross-examined by Sir T. Staples. -- I think I was more than half an hour in the shop. I won't swear I was an hour there, though I may have been more -- I won't swear to the minute. I was employed, on that day to dig potatoes for Dr. Barron, on ground about a quarter of an hour's walk from Ballibay. From that I came direct to the hotel. M'Dade was to pay me for digging the potatoes. Dr. Barron had attended him, and I suppose he paid him by giving him potatoes. He did not pay me till the Saturday night following. I did not say a word about it to him, nor he to me. I am a peaceable man myself, and don't often get into scrimmages. Thank goodness, I am not very troublesome to the law. M'Dade and Farlowe went out of the hotel. M'Dade paid me my wages in Gray's shop on Saturday night, without my asking for money. It was about five or six minutes after M'Dade and Farlowe left the shop that I heard the shots. I was in the shop at the time, a piece from the door. There is a door from the house, but not into the street where the police barrack is. The shots were fired pretty quickly after one another. The reports were pretty loud. There was some remark made about them. Mrs. Gray and Miss Jane Gray were then in the shop. I saw Mrs. Gray in the shop after her husband was a prisoner. I saw Bess Somerville bring a lighted candle up stairs. After lighting the candles in the shop, I saw Constable King come into the house, but I had left it then. Gray had been up stairs about half an hour when the police came.
It was now seven o'clock, and the Judge ordered accommodations and refreshments to be provided for the jury for the night, and bailiffs to be sworn to prevent their having communication with any persons not sworn upon the panel.
The Court then adjourned.
-- -- -- -- -- -- --
Friday, July 29.
The business was resumed this morning at the usual hour -- nine o'clock.
The jury having been called into Court, and having answered to their names,
James Cochran was placed on the table, and examined by Mr. NAPIER. -- I remember the evening on which Owen Murphy was shot. I was digging potatoes that day. I called at the York Hotel that evening. I saw Mr. Gray, George Donaldson, Robin M'Dade, and Jack Marshall, standing in the shop. I know Mr. George Farlowe. A short time after I came into the shop, a boy named Graham came in. Mr. Farlowe came out of a room beyond the shop, and asked Mr. Gray to come to tea. The latter excused himself, saying he was not well. Farlowe then went back the road he came. He returned again. Mr. Gray spoke to him, bade him good night, and went up stairs. Bess Somerville, before this, came into the shop with a lighted candle; Miss Jane Gray lighted the candles in the shop from that candle, and Betty Somerville went away, and I saw her no more that night, nor did I see Mr. Gray after he went up stairs.
Cross-examined by Mr. BREWSTER. -- I had been digging potatoes in the townland of Knockamuddy, with my two sons and a man named Alex. Davenport. I had been there the day before and that day. I am not intimate with Galt. The place is only a short distance from Ballibay, on the Castleblayney road. We dug potatoes as long as we could see. On the next day, I could not see Master William Gray, that he might say whether I should turn in with my men next day or not. I never wrought at Knockamuddy, except for the two days. Mr. Wm. Gray was my employer, but is not so now. The candles were not lighted in Gray's shop when I went into it, but they were soon after, from Bess Somerville's candle. Mr. William Gray came in shortly -- he came in before Mr. Farlowe went back to the room, where he (Farlowe) stayed only for a few minutes. He came out of the parlour a second time before Wm. Gray went out. I am certain Marshall and Donaldson stayed behind me in the shop. I heard shots that night, and George Donaldson remarked that it was night-shooting at ducks on the lake. I was prevented from speaking to Wm. Gray by the report that a man had been shot. I spoke to nobody in the shop. I stood behind backs with my back to the wall, for they were all talking about a lawsuit. I had been working for Galt, who had gone as a witness upon that trial to Dublin. I know John Rora and James Carroll very well -- they are my neighbours, and very decent characters they are -- one of them a "potato-howker," and the other I don't know what. (Laughter.) When I came home on the night I speak of, my supper was ready -- it was about ten o'clock. My youngest son, James, was on the lake then. When he came home, there was a boy named Pat. M'Evoy with him. I did not go at all to where the body of Murphy was. There was a great crowd in the street.
To a JUROR. -- I saw my son come up the river in a boat -- in Sam. Gray's boat -- from the lake, towards my own garden.
To the JUDGE. -- I was "timorous" about asking James Gray, in the shop, whether I would bring back the men to work. He had told me before that he thought he had men enough, and I didn't like to ask him about the matter, until I got him by himself. I hear shooting at Ballibay nearly every night of my life, and it excites no particular surprise. There was much shooting on last Saturday night.
George Donaldson, examined by Mr. WHITESIDE. -- I know the prisoner Sam. Gray. I lived in Ballibay when the man Murphy was shot. I was in Gray's shop that evening, and saw Mr. Gray and M'Dade, Marshall and a boy named Graham came in. I saw Mr. George Farlowe come up out of a room behind the shop. Mr. Gray was standing in the shop, and Farlowe asked him to come down to the parlour and take a cup of tea. Mr. Gray refused. I know a woman named Bess Somerville. I saw her come up that night from the direction of the kitchen, with a lighted candle in her hand. I know the little girl, Miss Jane Gray. I think she lighted the candles in the shop. Bess Somerville went up stairs with the lighted candle. The shop is the only passage from the stairs. I saw Mr. Farlowe come up out of the parlour a second time. Mr. Gray was still in the house, I heard a report that a man was shot. I cannot say whether I was in the shop or just at the door at the time. I had previously heard shots. Mr. Gray had gone up stairs, and I did not see him come down until he was in the custody of the police. He could not have come down without my seeing him.
Cross-examined by Mr. HANNA. -- I know Sam. Gray pretty intimately. I live in Ballibay, and have often been in his house. I am his neighbour, and keep a public-house. I had been in Gray's house in the early part of the day in question. I had seen Gray several times that day, but saw neither cloak nor pistols with him. I had seen the Sheriff at Gray's that day, giving up the possession of some tenements. I was doing nothing that day, but just looking on, like others, at the possession being given up. The candles were not lighted in the shop when I went into Gray's in the evening. There was no one in the shop then except Mr. Gray and M'Dade. I am not sure whether Cochran or Marshall came in first. We were talking about the lawsuit which Mr. Gray had had with Stewart, I was examined on that record, at Armagh. I can't say whether Cochran or Marshall spoke to any one when they came in. They might sometimes have been near me, and sometimes at a distance, in the shop. There is but one outer door, leading to the street, from the shop. When I heard the shots, I remarked to Mr. William Gray that somebody was shooting down at the lake. The lake is below the shambles. There are several lakes about Ballibay. I heard two shots distinctly, and think I heard a third. I don't know whether persons had been shooting down at the lake on that evening or not. The boy Graham is now a soldier, but was not so on the evening alluded to. I saw him both yesterday and to-day. [Mr. WHOTESIDE -- And you shall see him in two minutes.] I don't recollect whether I mentioned his name at the first trial, but I think I did. When Farlowe came out of the parlour, and asked Mr. Gray to come to tea, the latter said he would go to bed. Mr. William Gray came up along with him. I can't say whether Cochran, Marshall, or Graham, spoke to him. I think Farlowe and M'Dade went out of the shop nearly together. It was about ten minutes after that I heard the shots. I don't know whether Marshall and Cochran left the shop before me -- I think it was after me. I left it twenty-five minutes before four o'clock. When I saw the police at the door of the hotel, I thought some of Gray's family must be suspected, and went to the place to see about it.
To the JUDGE. -- I know a little boy named Brady -- the people in the neighbourhood call him Nat. I think I saw him that evening about the door of the hotel.
To a JUROR. -- Mr. Gray could not have come down stairs without my seeing him. He had not come down before the shots were fired.
Wm. Graham, examined by Mr. NAPIER. -- I was in the shop of the York Hotel on the evening when Murphy was shot. I saw George Donaldson, Robin M'Dade, George Farlowe, and Jemmy Cochrane, there, as well as Sam. Gray. Mr. Farlowe asked Mr. Gray to come to tea. I soon after saw Mr. Gray go up stairs, and Farlowe and Robin M'Dade go out. A few minutes afterwards I left the shop myself, and went round to the kitchen. I then heard shots. I have since joined the army.
Cross-examined. -- I am quartered in Cashel, county Tipperary, and came to Dublin in the coach; from Dublin I came in the coach to Castleblayney, and from thence walked into Ballibay. I think the Lord Lieutenant paid my expenses -- I got £2. I stopped one night in Dublin. I know M'Vey, who was in the police, but who is now in the army. I did not fall in with any of the 12th Lancers in Dublin. I did not inquire for M'Vey. He is now in Newbridge. My father is a process-server. I never laboured, but lived the life of a gentleman, and have now become one by getting the red coat. I had gone to Gray's kitchen to smoke on the night in question. It was nearer and more convenient to go round by the yard than to go through the shop. I will not swear that I was in the shop on the night before, or that I saw Galt there -- I heard Mr. Gray say he had gone to Dublin. I know Charles Wylie. I cannot swear that I saw him in Gray's kitchen on the night before Murphy was shot. I saw him on the day of the occurrence. I recollect nothing about the night preceding. It was the stir in the town that made me recollect the night Murphy was shot. I smoked in Gray's kitchen almost every night. Jane Rainey, James M'Auley, and Jane Hughes, were servants at the York Hotel. Little Nat. was a runner about the house, and sometimes slept in the office. He was so drunken a little fellow that they could not trust him with a message, for he would probably have got drunk on the way. He used to drink every halfpenny he could get. Mr. Wm. Gray gave him a shilling to buy the medal, which he afterwards sold to Mr. Boyd for 6d., he then came into the town, and drank the 6d., and was rolling drunk about the streets that night. The Sheriff, I heard, had an order against Mr. Gray on the day Murphy was shot; and I saw Mr. Gray give little Nat. 2d. to watch the Sheriff, lest he should take him. My regiment -- the 74th -- is in Canada.
To Mr. NAPIER. -- There was nothing in the office where little Nat. slept except his bed. When I came from Limerick, to attend the last trial, I cannot tell whether it was the Government that paid my expenses.
Robert M'Dade, examined by Mr. WHITESIDE. -- I know Mr. Samuel Gray. I live near Ballibay, and remember the time Murphy was shot. I was in the York Hotel that evening. I saw Mr. George Farlowe in the shop. He came up from a lower room, and asked Mr. Gray to come to tea. The latter refused, and Farlowe went back to the place whence he had come, I saw Bess Somerville come into the shop with a lighted candle, from which the candles in the shop were lighted. She then went up stairs. The stairs are the only passage from the shop to the rooms above. Mr. Farlowe came back to the shop. In my presence and in that of Farlowe, Mr. Gray went up stairs. I and Farlowe remained a very short time in the shop afterwards. Mr. Farlowe went with me to my own house, which is on the road to Ednanea. When I was in my own house, I heard three shots. Mr. Gray had not accompanied us down the street, nor could he, I think, have come down without my seeing him. It was immediately after I got to my house that I heard the shots. When I last saw Mr. Gray that evening, he wore his usual dress -- a blue frock coat. I knew a man named Alexander Gibson, a soap-boiler and chandler with Mr. Breakey. He is now dead. He was examined at the first trial of Sam. Gray, in which he was acquitted. I saw him pass into the town, up the road, that evening. I went back to the hotel, after the shots were fired, and was there when Mr. Gray was arrested. Mr. Farlowe went a little before me -- he was not out of my sight. I saw a person named Mick M'Anally opposite to my house on that evening. Young Sam. Gray and his brother took the car, and said they were going to their uncle's house. I know Mrs. Taylor -- she had been back and forward about Gray's house.
Cross-examined by Mr. O'HAGAN. -- I used to work for Mr. Gray occasionally -- but had not been working for him on the day in question. I had been employed by Mr. Boyd in his flax store. We generally shut the store before dusk, but now and then in the middle of the day, just as the occasion served. The store is under the same roof with Mr. Gray's house, but has no communication with it. When I went first to the shop, there was no one there except Mr. Sam. Gray and Miss Jane Gray. Before Farlowe came up from the parlour, George Donaldson and Jack Marshall came in, and I left them in the shop when I and Farlowe went away. Cochran came after Martin. I did not say I saw Mr. Wm. Gray come into the shop before I left, but to the best of my knowledge he did come. I was not drinking in the shop. We were all talking, outside the counter, about the Sheriff's giving up possession of the premises. When Mr. Farlowe and I left the hotel, we walked leisurely towards my house. I saw no one on the road except some horsemen. The candles had been lighted before we left. There were none lighted until Bess Somerville brought the candle. It was near Mr. Gray's cottage that I saw the horsemen. These were Stewart Boyd, Bradford Stewart, his father, and, I think, a fourth man. I passed to one side of them. I was just going into my house when I saw M'Anally on the footpath on the other side of the road. I did not speak to him then. I had not been to my own house five minutes when I heard the shots. The sound came from the direction of the rabbit burrow, up the road. The shots did not alarm me, for shooting is very common about the lake. George Haugh had told me, that day, if I saw Mr. Farlowe, that he wished I would tell him to stop to Ballibay, as he would have the amount of a decree to give him. I went to my own house to get money to pay three labourers -- I had to pay them one shilling a day each for one day. I did not get the money. I did not ask Mr. Farlowe for the loan of it. I did not go back to the hotel until after I heard that the man had been shot. While I stood in my own door, I saw the police pass, going towards the place where the man was shot. I remained on the road until they came back, and then walked behind them, up to the hotel. There were two policemen at the hotel when I reached it. Mr. Farlowe was before me, and was talking to two policemen at Mr. Gray's cottage. I was examined here as a witness for Mr. Gray at the last trial, and, before that, several years ago.
To Mr. WHITESIDE. -- I did not see Mr. Gray on the rood at the time. I saw the four horsemen.
George Farlowe, examined by Mr. NAPIER. -- I was in Gray's hotel, to Ballibay, on the evening when Murphy was shot. I dined and took tea there. I was in a room off the shop, from which I came at tea-time into the shop. I saw Donaldson, Cochran, Marshall, M'Dade, and a young lad named Graham, now a soldier I believe. Mr. Gray was there. He wore his usual dress -- a blackish or blue frock coat. He wore no outside coat. I asked him to take tea. He refused, saying that he felt rather unwell, having been up the greater part of the night before, sending off on the car a man named Galt, as a witness to the Prerogative Court to Dublin, and that persons going to Clones fair had also been there. I then returned to the room, but afterwards come back to the shop. I saw Sam. Gray leave the shop. He parted with me, and went up stairs, saying he had got scarcely any sleep the night before, and that he thought he would be the better for some. The stairs are exposed to the view of every one in the shop. I left the shop a few minutes after with M'Dade, and went towards his house, down the road to the direction of the rabbit burrow. I walked leisurely down the road, as I was waiting for a person, and, when I was in M'Dade's house, I heard shots. I did not see Gray after he went up stairs until he was taken by the police. He could not have passed from the hotel, down the street, while I was on the road, without my seeing him.
Cross-examined by Sir THOMAS STAPLES. -- Sam. Gray did not dine with us on the day in question. The only person who did dine with me was his son William. Sam. was walking about, and was in and out of the room while we were at dinner. I had been at public worship in the Covenanters' meeting-house that day, and, calling at Mr. Gray's, he pressed me to dine. I had never dined there before. It was a day of thanksgiving in our congregation -- the Rev. John Cathcart officiated. I did not drink any spirits or ale after dinner. It was Mrs. Gray who requested me to ask Mr. Gray to take tea. She said that he had eaten scarcely anything that day, and that she had been pressing him herself to eat. Gray mentioned the name of M'Bride as one of the persons going to Clones fair, and said he had slept there on the former night. I spoke, at last trial, of the persons going to Clones fair. When going down to M'Dade's, I met, I think, four persons on horseback -- Bradford Stewart and Stewart Boyd were two of them. I met them nearly at Mr. Gray's cottage. I did not speak to any of them. I think Mr. Boyd made a motion to me I don't think there were any cattle upon the road, but there may have been. I heard three shots when in M'Dade's. They did not alarm me. It was common to hear night-shooting at the lake. The first two shots were close together -- the other was fired after a short interval. M'Anally came past M'Dade's, and I think I asked him who it was that was night-shooting at the lake. He said it was not at the lake, but on the road, for that he had seen the flash of the pans. I had no suspicion that any one was hurt. The police and a great many other persons came running along the road, four or five minutes after. It was not until after the police came back to the town that I heard that a man had been killed. I then went up to the hotel. I had forgotten my walking-stick there in the morning. The hotel was on my way home. I was delaying in town, waiting to see a man named George Haugh, who had executed a decree for me, and to get the amount of it from him. I conjectured he had got the money, and he had told M'Dade to desire me to stop for him in Ballibay. On the night before, my father told me that my brother-in-law had been looking for me with the amount of the decree, and, not seeing me, I presumed that he had gone and paid the money to the bailiff, George Haugh.
Jane Rainey, examined by Mr. WHITESIDE. -- I was in the service of Mr. Gray when Murphy was shot. I heard shots fired on that evening. Before that I had occasion to go for water. When I got it, I shut the gate which encloses the farm-yard and the kitchen. It leads to the cottage, from the hotel. It is the only way from one to the other, without going into the street. There is a river on the outside of the gate, [His LORDSHIP here complained that no accurate plan of the place had been prepared either at the former or the present trial.] I went up to the kitchen, washed potatoes at the door, and had gone inside. It was after I had locked the water-gate, and was in the inside yard, that I heard the shots. A person entering by the rear of the house must pass through the kitchen, to get to the shop of the York Hotel. There was a boy named Graham in the kitchen. While I was there, I heard that a man had been shot. I was told so by a boy named White. Sam. Gray did not pass through the yard or kitchen while I was there. He could not have passed without my seeing him. I had been there from the time the shots were fired till the boy told me about the man being shot. I was examined on the first trial of Gray. After he had been acquitted, the police brought me before Mr. Wilcox, the Stipendiary Magistrate at Ballibay.
Cross-examined by Mr. BREWSTER. -- I have been part of three years in Mr. Gray's service. There were other servants in the house at the time of this occurrence besides myself. Bessy Stewart was the name of one. She lived sometimes at the cottage and sometimes at the hotel. She was not in the kitchen on the evening in question. A person could not get into the Kitchen or the yard when the water-gate was shut, except by climbing over the wall or the gate. The gate I speak of is between the hotel yard and the cottage yard. I found Nat. Brady and Graham, after I came in from getting the water, breaking detonating caps on the hob in the kitchen. Jane Hughes, servant to Mr. Hanna, had been in Gray's the greater part of that day. She had left Mr. Hanna's, and was coming to stop at Gray's until she should get another situation. She and I, Nat. Brady, and William Graham, were all in the kitchen when we heard the shots. Brady and Graham ran out, and did not return until Mr. Gray had been made prisoner. I had locked the door that night, but left the key in it. The servant boy, Hollywood, was out in the farm. I was cook that day, and dressed the dinner. I think it was served up about three o'clock, by Mrs. Gray herself. I did not go up stairs at all while the family were at dinner. I don't remember whether Betty Stewart was in the house at all on the day of the murder. She is not here to-day; she still lives at the hotel. Mr. William Gray and Miss Jane were there on the day alluded to. I sat up pretty late on the night before, but not much later than usual. I generally go to bed at from ten to twelve o'clock. I recollect Galt, Charlie Wylie, and a man named M'Bride, at the hotel that night. I know Mary Ann Livingstone. On my oath, I can't tell whether she has stopped at the hotel for two or three days at a time, since the affair happened. Mr. Gray slept sometimes at the cottage, and sometimes at the hotel. Mrs. Gray more frequently slept at the cottage. The boy, Nat., was living at the hotel as a sort or runner. Graham used to be in and out almost every day. I saw Galt go off to Dublin on the morning of 26th Nov. 1840.
To the JUDGE. -- The dinner on the day spoken of was corned beef and cabbage. I afterwards made chicken broth for the master. I dressed no beefsteak, nor did I see any other person do so; but there was a fire in the wash-house, and victuals may have been dressed there by some of the family.
Bess Somerville, examined by Mr. NAPIER. -- I was doing needle-work in Gray's house on the day Murphy was shot. I wrought in the drawing-room. I came from thence into the shop in the evening, bringing a candle to light those in the shop. Miss Gray, Jack Marshall, Robin M'Dade, James Cochrane, and others whose names I don't remember, were there. I went to my work in the drawing-room again, taking the candle with me. I had not been long there when Sam. Gray came in and sat down upon the sofa. He asked me to bring him a bolster and quilt, that he might have a little repose, as he was unwell. I took off his boots, and laid them at the drawing-room door as I went down stairs. I did not get him the bolster and quilt, but requested him to go up to his own room. He did so, and I went up before him to the room called the green room, with a candle, which I left upon the table. I had not gone farther than the top of the stairs when he rapped, and I went in and brought away the candle. He was then in bed -- I saw some of his clothes on a chair. He left his hat down stairs, on a little table in the drawing-room, between a sideboard and settee. When I returned to the drawings room, and had been there two or three minutes, I heard two shots following very quick, and I thought I heard another not so loud. Sam. Gray was in bed then. There is no way of getting from his bed-room unless down the stairs. I did not see Mr. Gray, after he went to bed, until after he had been arrested by the police.
Cross-examined by Mr. BREWSTER. -- When I went to tea, after Mr. Gray went to bed, I saw Mr. William Gray, the little girl who called me, and Mrs. Gray. George Farlowe was not in the room, but I was told he was in the house. I was told that I would have been called to tea with the family, but for Mr. Farlowe's being there. I did not get a cup of tea filled before the police came. When I heard the shots, they did not alarm me, for I frequently heard shooting at night on the lake.
To the JUDGE. -- Gray had his hat on when he came into the drawing-room. He usually wears it in the house.
John M'Bride, examined by Mr. WHITESIDE. -- I am a farmer, and reside in this county. I know Gray's hotel, and was there on the night before Murphy was killed. I saw a man named Galt there. We had some punch, for which I paid. I slept there. I was going to Clones fair next morning. In the morning, I heard a car or caravan come to the door; the lower half of the door was opened, and Mr. Gray came out with a person who was muffled up in a cloak. I will not swear who that person was, as I did not see his face.
Mary Davis, examined by Mr. NAPIER. -- I was living in Ballibay When Murphy was shot. I remember going along the road with Elizabeth Murray, who was driving cows. I was driving no cows. I saw different men pass on the road, but not one wearing a cloak. I am well acquainted with Sam Gray. I have known him for ten years. He did not pass us on the road, nor could he have passed without my knowledge. Elizabeth Murray did not leave the pathway while she was with me.
Cross-examined by Mr. BREWSTER. -- I earned my bread by sewing and washing, which is a good trade in Ballibay. I had the bonnet I wear before the death of my husband. who was a tailor and pensioner. I have been for two months past on a visit to Mrs. Hillman, at Castledawson. She is sister to Mr. Gray, and came up here with me from Castledawson.
Wm. M'Fadden, examined by Mr. WHITESIDE. -- I was examined at the first trial of Gray. I had a conversation with Jas. Cunningham, in Cootehill, about a month after Murphy was shot, in presence of my wife and mother-in-law. I asked him the manner in which it occurred. He said he knew Gray by his voice and cloak, but that he did not know him by his person, which was muffled.
Cross-examined by Sir T. Staples. -- My mother-in-law is no relative of Gray. My mother and Gray's wife were sisters. Cunningham said it was getting dark when Murphy was shot. I think I told my father and brother what he had said, two or three days after, and we had a regular talk about the affair.
Counsel for the prisoner here stated that they had closed their case.
Mr. BREWSTER spoke to evidence on the part of the Crown. His address occupied nearly three hours in its delivery.
His LORDSHIP then charged the jury, and recapitulated the evidence. He commenced at twenty minutes past five, and did not conclude until nearly eight o'clock.
The jury then retired, to deliberate upon their verdict, and were locked up, under the care of bailiffs, for the night.
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Saturday, July 30.
This morning, on the Judge taking his seat, the jury in Gray's case were called into Court; and, being asked whether they had agreed to a verdict, the Foreman replied that they had not, nor was there any probability of their doing so.
On this afternoon they were discharged, by consent of Counsel on both sides.
The prisoner, for the present, remains in custody.
The trial of James Gray, for subornation of perjury, has been postponed till next Assizes.
=========================
Shipping Intelligence.
PORT OF BELFAST.
DEPARTURES OF STEAMERS.
For Liverpool, the Falcon, Gowan, this afternoon, at four o'clock.
For Liverpool, the Athlone, Davies, on Thursday, August 4, at six o'clock, evening.
For Greenock and Glasgow, the Aurora, Anderson, to-morrow, at seven o'clock, evening.
For Dublin, the Birmingham, Church, to-morrow, at six o'clock, evening.
For Stranraer, the Maid of Galloway, Haswell, this morning, at eight o'clock.
For Whitehaven, the Earl of Lonsdale, Thompson, to-morrow, at half-past six o'clock, morning.
For Carlisle, the Antelope, Macpherson, this evening, at five o'clock.
For Liverpool, from Portrush, calling at Larne, &c., the Coleraine, Johnstone, on Thursday, August 4, at nine o'clock, morning.
For Halifax and Boston, the Britannia, Hewitt, from Liverpool, on Thursday, 4th August.
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SAILINGS OUTWARDS.
Sailed from New York, the Glenview, of Belfast, for Bombay.
The schooner Splendid, of Belfast, Waterson, sailed from Liverpool, for Oporto, 27th ultimo.
The Rochester, Woodhouse, sailed from Liverpool, for New York, 27th ultimo.
Sailed from Patras, 6th ultimo, the Rosebud, Bale, for Corfu.
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SAILINGS INWARDS.
The Rosebank, of Belfast, Montgomery, off the Cove of Cork, 27th ultimo, from Quebec for Belfast, out thirty-two days.
Sailed from London, 30th ultimo, the Ranger, Davies, for Belfast.
Sailed from Ayr, 26th ultimo, the Elizabeth, Yates, for Belfast.
Sailed from Cardiff, 28th ultimo, the Charlotte, Williams, for Belfast.
The schooner Shannon, of Belfast, Stephenson, from Marseilles, with wheat, sailed from Cork, for Bristol, on 20th ultimo.
The brig James Duncan, of Belfast, Ritchie, from Civita Vecchia, with wheat, sailed from Cork, for Gloucester, on 22d ultimo.
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ARRIVALS OUTWARDS.
The ship New Zealand, hence to New York, has arrived there safe, after a quick passage of thirty-nine days; passengers and crew all well.
The ship Independence, M'Cappin, hence for Quebec, has arrived safe, after a pleasant passage of thirty-five days; passengers and crew all well.
The ship Victoria, of Belfast, M'Mahon, from Liverpool, at Quebec, after a pleasant passage of thirty-three days; crew and passengers all well.
The Amazon, M'Millan, and Joseph and Jane, Edgar, hence at Liverpool, 27th ultimo.
The Camel, Mulholland, at Runcorn, from Larne, on 23d ultimo.
Arrived at New York, the Charles, M'Lea, from Belfast.
Arrived at Quebec, 5th ultimo, the Prudence of Londonderry, from Belfast.
Arrived at Quebec, 5th ultimo, the Jane Milvain, M'Gill, from Londonderry.
Arrived at Quebec, the Hector, of Belfast, Patton, from Belfast.
Arrived at Quebec, 28th ultimo, the Mary, Newham, from Belfast.
Arrived at Quebec, 30th June, the Margaret Johnson, Groom, from Belfast.
Arrived at Quebec, 1st ultimo, the Ann, Johnson, from Londonderry.
Arrived at Quebec, 5th ultimo, the Charlotte, Andrews, from Londonderry.
Arrived at Llanelly, 26th ultimo, the Margaret, Hughes, from Dundalk.
Arrived at St. John, N.B., the Friendship, Nichol, from Londonderry.
Arrived at Cardiff, 28th ultimo, the Gleaner, M'Millan, from Newry.
Arrived at Gravesend, 29th ultimo, the Endeavour, Jones, from Belfast.
The following vessels have arrived at New York:-- The Samuel Hicks, Baker; the New York, Cropper; the Huron, Redman; the Leander, Taylor, all from Liverpool.
Cordelia, M'Millan, from Belfast, and Dykes, Harrison, from Sligo, at St. John, N.B.
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ARRIVALS INWARDS.
The Tweed, Royal West India mail steamer, from Jamaica, at Falmouth, 26th ultimo.
Arrived at Liverpool, 28th ultimo, the Caledonia (st.), Lott, from Boston.
Arrived on the 25th, the Anna Agatha, of Rotterdam, H. H. de Boer, from Rotterdam.
Arrived on the 25th ult., the Waterwitch, of London, John Robertson, master, from St. Petersburg
Arrived on, the 23d ult., the British Queen, of Scilly, Wm. Rome, master, from Genoa.
Arrived on the 23d ult., the Scotland, Johnson, from St. John, N.B., with a cargo of timber and deals.
Arrived on the 23rd ult., the Speck, of Belfast, Hamilton, from St. Petersburgh.
Arrived on the 22d ult., the Adolphine, of Stralsund, C. C. T. Sahr, master, from Stettin.
Arrived on the 23d ult., the Success of Dantzic, Carl Schmer, master, from Dantzic.
Arrived on Tuesday, the brig Conservative, of Belfast, Carey, from Quebec, with a cargo of timber and deals, being the first vessel returned here, from Quebec, this season. -- Same day, the brig Canada, Elliot, from Quebec, with a cargo of timber and deals.
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ENTERED FOR LOADING.
At St. John, N.B., 6th ultimo, the Jessie, Dupeat, for Limerick.
At St. John, N.B., 6th ultimo, the Carrywell, of Belfast, Buchanan, for Dublin.
At St. John, N.B., 6th ultimo, the Susan Jane, Reid, for Donegal.
At St. John, N.B., 11th ultimo, the Wellington, of Belfast, Forster, for London.
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CLEARED.
Cleared at Quebec, for Newry, the Dolphin, Sullivan.
Cleared at Quebec, for Belfast, the Josepha, of Belfast, Leitch.
Cleared at St. John, N.B., 13th ultimo, the Maria, Doran, for Letterkenny.
Cleared at Miramichi, 27th ultimo, the British Queen, Tilley, for Belfast.
Cleared at Miramichi, 28th ultimo, the Thomas Gelston, of Belfast, Bulla, for Belfast.
Loading at Liverpool, 29th ultimo, the Agitator, of Belfast, Henry, for Miramichi.
Cleared at Liverpool, 29th ultimo, the E. Perkins, Ingersoll, for New York.
Cleared at Liverpool, 29th ultimo, the Ansell Glover, Howes, for New York.
The Herald for London, clears on Saturday first.
