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!! Ballina Chronicle; March 13, 1850 "Westmeath Assizes"

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  • Cathy Joynt Labath
    BALLINA CHRONICLE Ballina, Mayo, Ireland Wednesday, March 13, 1850 ASSIZES INTELLIGENCE Westmeath - March 5 William Vize, Esq., was placed at the bar, charged
    Message 1 of 1 , Jul 25, 2005
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      BALLINA CHRONICLE
      Ballina, Mayo, Ireland
      Wednesday, March 13, 1850

      ASSIZES INTELLIGENCE
      Westmeath - March 5
      William Vize, Esq., was placed at the bar, charged with having, on the 20th
      day of October last, at Dysart, in this county, discharged a gun loaded with two
      slugs, at one Thomas Flynn, which slugs entered the left breast of the said
      Thomas Flynn, inflicting a wound of which he then and there instantly died.
      The traverser pleaded not guilty.
      Messrs. Corballis, Q.C., Plunket, Q.C., and Griffith, conducted the
      prosecution.
      The prisoner was defended by Mr. O'Driscoll.
      Mr. Corballis stated the case for the Crown. He said the transaction out of
      which the homicide arose was connected with the right to some property possessed
      by the late Capt. Ogle, in this county. The traverser was married to the niece
      of that gentleman, and went with his wife in November, 1849, to reside with
      Captain Ogle, at Dysart, where they remained with him up to his death, which
      took place on the 5th of October last. Mr. Vize apprised the Messrs. Ogle (who
      were nephews of the deceased) that Captain Ogle had died and told them of the
      time and place when the funeral was to take place. Henry and George Ogle, with
      other members of the family, attended the funeral. Mr. Vize was asked by them if
      there was a will. He answered that there was and that by it he was left every
      acre in the world of the testator's property - but he did not produce the will.
      Under these circumstances, and Mr. Ogle being the heir at law of the testator,
      proceeded from his residence in the adjoining county to Dysart, on the morning
      of the 20th of October to take possession of the mansion house and property. He
      was accompanied by about ten persons, but was joined by others on the road -
      they found the hall-door open and entered the house, when a shot was fired by
      Mr. Vize, by which a person named Fox was wounded. Mr. Corballis referred to the
      last edition of Roscoe, [ink blot over two words] where trespass committed
      without a fe[inkblot over one word] intent, the party is not justified. He also
      cited Meade's case in 1st Lewis's Crown case, page [inkblot]
      Patrick Fox examined by Mr. Griffith - Remembers going to Dysart on the
      morning of the 20th of October. Arrived there about [ink blot] three quarters of
      an hour before day. There were some men pushing at the door, and heard a bustle
      inside. The first man that went in was Patrick M'Cabe. Saw Potterson, the
      steward, and Flynn, the deceased.- He was in before witness, it was dark at the
      time. Potterton and witness went up stairs; they put their backs to the wall.
      Flynn, who was shot, stood opposite where witness saw the muzzles of two guns
      coming out through the door-way. Mr. Vize and Doctor Lewis came from the room;
      Mr. Vize presented his gun at witness, who jumped aside; he then presented it at
      Flynn, and fired at his breast; Flynn fell dead; the smoke of the powder enabled
      witness to retreat back; as he was going down stairs he received a shot in the
      left shoulder; two shots more were fired; no person said a word or offered any
      violence; they were told not to do so; saw no arms except with Mr. Vize and
      Lewis.
      Some other witnesses having been examined, the Lord Chief Justice then
      proceeded to charge the jury. He said the learned counsel had told them very
      properly that it was the bounden duty of the Crown when a homicide was committed
      to inquire into the circumstances of the case, and ascertain whether it was a
      murder or whether it was based on such facts as to render the act one which
      could be justified - that was what the jury had now to try. What were the facts?
      A body of thirty men, by what may be called an insurrectionary movement, make a
      sudden irruption into this gentleman's house at a period of the morning when
      there was scarcely light enough inside to distinguish whether they had arms or
      not, and but one minute afterwards the shots were fired. Mr. Vize was up stairs,
      without any means of knowing anything of the intention of this party; the first
      thing he sees is a body of men rushing tumultuously up stairs. - Gentlemen, said
      his lordship, I cannot forbear to say that the proceeding had a character of the
      most decided illegality. It matters not whether they had arms or not; what was
      wanting in that respect was abundantly made up by their numbers. You have two
      questions to decide - the first is, did Mr. Vize actually fire the shot which
      caused the death of the deceased; and if you are satisfied of that, it will be
      for you next to consider whether the circumstances under which the act was done
      amounted to a justification.
      The jury, without leaving the box handed down a verdict of acquittal.
      Doctor John Alward Lewis was then placed at the bar.
      Messrs. Ball and O'Driscoll appeared for the traverser.
      Mr. Ball asked the counsel for the Crown if, after the circumstances which
      were elicited on the trial of Mr. Vize, they would persist in putting Dr. Lewis
      on trial?
      The counsel for the Crown having conferred together, Mr. Corballis stated
      that they had no desire to press on the prosecution of Mr. Lewis after
      intimation of his lordship's opinion of the subject.
      The Lord Chief Justice - I think the transaction was most disgraceful. I
      have called it by the proper name- a species of insurrectionary movement.
      Mr. O'Driscoll said he was instructed by Mr. Vize to state that, with
      reference to the parties now about to be placed on their trial for the riot, he
      was not anxious that they should be punished; he believed that they acted under
      mistaken views, and that the verdict of the jury having vindicated the part
      taken by Mr. Vize, he would be satisfied if it were arranged that the parties
      should stand out on their recognizances.
      Mr. Vize said he was obliged to have two policemen constantly protecting
      his house.
      The Chief Justice said that being so, the best course was to postpone the
      trial of these persons to the next assizes, and to permit them to remain out on
      their own recognizances.
      The counsel for the Crown having conferred together, assented to that
      course.

      Cathy Joynt Labath
      Ireland Old News
      http://www.IrelandOldNews.com/
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