by a similar conviction there, nothing could have relieved the Judges from the duty of pronouncing upon him the last sentence of the law; and he fully concurred in what had fallen from Lord Hermand, as to the expediency of applying to Parliament for the extension of Lord Ellenborough's act to Scotland, if this crime should not be arrested by the present example. His Lordship pronounced the sentence of the Court, that on Wednesday, the 18th instant, the prisoner be publicly whipped on his naked back through the streets of Leith, which he had disgraced by his crimes; and that he be afterwards transported beyond the seas for fourteen years from this date.

The prisoner, after the admonition of the Lord Justice-Clerk at an early part of the proceedings, continued in a real or counterfeit stupor, seldom exhibiting any signs of animation, except when he had recourse to his snuff-box. His appearance was pale and sickly, and he walked lamely out of Court.

IRISH ASSIZES.

Cork, April 10.

PATRICK, MAURICE, and John CREMINS, FOR THE MURDER OF THE FRANKS.

Patrick, Maurice, and John Cremins, were put to the bar, charged with the murder of the Franks family, on the 4th of September last, at Lisnagourneen, in this county. The intense interest which this trial excited, was wound up to a still greater pitch, when it became known that the principal witness was the person who, according to his own confes

sion, fired the shot at Mr Franks which deprived him of life.

Mr Sergeant Goold stated the circumstances of the case to the Jury, as they were subsequently detailed by

Edward Magner, the accomplice, who remembered the murder, and was at it. He had been previously at the house of a person named Power, at Shanballymore; this was in the month of May, upon which occasion he saw the three prisoners there, whom he now identified. They drank to him, and asked him to go murder the Franks, and he said he would. He left them then, and didn't see them till two nights before the murder, when, being then at home, a man came to him, and told him to be ready. He said he would, and went from thence to one Thomas Barry's, at Ballyduff, where he remained reaping till the night of the murder, when, at about four o'clock, he left it, taking with him a woman's cap and gown; he proceeded from thence to his own house, where he got a pistol, and then went to Mr Franks's kitchen-garden, where he saw the three prisoners, who had appointed to meet him there. At this time he had on the cap and gown; it was about six o'clock. Pat Cremin had an apron and shawl on, just as a woman would wear them; they had pikes and bayonets on sticks. They went into the kitchen of Mr Franks's house, through the hall; there was a table, with a cloth, jug, and a candle lighted, on it. Mr Franks was sitting at it, and the witness asked for arms; he said he had none, but would send for them; witness and prisoner then went to a cupboard, and threw out the things; a poker, which was on the top of it, fell, and J. Cremin took it up. P. Cremin then took up the jug, threw it in Mr Franks's face, and the witness fired the pistol at him, which had a ball and two slugs

in it. At this time he was standing up, having risen when the jug was thrown at him, when Patrick struck him with the poker, and he fell. Young Mr Franks, who was present all the time, then took up a chair to defend himself, when he was struck by a man, who is not present, on the arm, which was broken. The light had been put out, and they then twisted the table-cloth round Mrs Franks's head, to prevent her from making a noise, as she was screeching while they were killing the rest. They were all then killed. The party consisted of nine altogether, of whom one assumed the command; and when young Mr Franks was thrown down, that person said, your duty."

"Do

This witness was cross-examined by Mr O'Connell. He made one of those exhibitions which characters like him always do under similar circumstances. They killed them all, he said; and if the Counsel himself was there, or Major Carter, or any one else, they would have been killed. He would go up to his knees in blood-would kill Major Carter with pleasure; and who knows, if he was let out, but he would kill more. 'Tis two years since he took the Whiteboy's oath-he forgets part of it; part of the oath is to do everything he was ordered; and he would kill men, women, and children, if he was desired.

He had been tried and convicted under the insurrection act; he did not like to go away, but he wouldn't swear, except in honesty, to be allowed to stay at home. Three weeks after he was convicted, he told Major Carter about this business; only for that, maybe he would be transported. He had been at the burning of four or five houses, and would have burned more, if he was ordered. He had murdered all the Franks, and would murder more, if ordered.

After the murder he slept, got up next day, worked, and was as cheerful as ever. The witness gave all the answers, which exhibited him in such an atrocious character, with perfect ease, but in nothing did he vary from his direct evidence.

Mary Myers was next examined.-She stated that she had recently lived in Dublin; before that at Major Carter's; and, previous to that, at Scarf. She knew the Cremins, whom she identified, and had known them for some time. She knew Mr and Mrs Franks, with whom she lived, but not as a servant, at Lisnagourneen. She recollects the night of their death at their own house; they were killed; she was in the room at the time, and saw a good many of the party; she knew only the Cremins; the three were there. When the party were coming in, Mr Franks got up, and went out against them, but they pushed him in; there was a light in the room, and a candle on the table. Mr and Mrs Franks, and young Mr Franks, had dined at the table, and there was some pork, and plates, and knives, and forks, and tea, and some jugs on it. One of the party had a pistol, and two more had guns; some of them were dressed in their dayclothes, and one of them in woman's clothes. When they came in first they threw down the table, then shot Mr Franks, and beat him with a crow-bar and a pike; they then beat young Mr Franks with the crow bar; he had done nothing to them, but cried for mercy; they said, "You have no mercy to get, you rascals;" they then turned to Mrs Franks; two of them searched her pockets, and then beat her with the crow-bar; they remained for a good while. The witness was all this time under a table in the same room.

Mr Justice Torrens summed up, and the Jury retired, and remained

in consultation a few minutes, when they returned a verdict of Guilty in all the counts against the three pri

soners.

His Lordship proceeded to pass sentence of death on them for one of the foulest crimes that had ever been perpetrated, when he was interrupt ed by a cry from all the prisoners, that "it was a wrong charge!" When silence was restored, he said, that a few hours ago he had heard a like declaration of innocence from one who, like them, had been found guilty of an atrocious murder (alluding to Linnehan, who was executed this day for the murder of the policeman); but he had the satisfaction to know, that since then he had acknowledged the crime, and the justice of the sentence that had been passed upon him. He then proceeded, in the most awful and impressive manner, to pass sentence of death upon them.

pupils. The defendant, the Rev. Alexander Fletcher, is a minister of a Scotch congregation meeting, at Albion Chapel, Moorfields, and he (the learned serjeant) believed a favourite preacher. It was his (the learned serjeant's) duty to state the facts shortly in detail. An uncle of these two gentlemen, a Mr Gilfillan, who lived in Scotland, died some time ago, and left the plaintiff and defendant an interest in certain property. The defendant had admitted that there was money, for which he would have accounted to the plaintiff, but for certain reasons, which the Jury would hear this day. The plaintiff had wished to refer their differences; but the defendant had refused to account in any way to his brother, until he "returned to the Lord!" When the learned serjeant cited that expression, he did not mean to cast ridicule upon the defendant, or to charge him with hypocrisy; but he used it to shew that at that time he considered his brother in a sane

July 23.

Sittings at Nisi Prius, at Guildhall, before the Lord Chief Justice and a Special Jury.

FLETCHER AGAINST FLETCHER AND KNIGHT, FOR FALSE IMPRISON

MENT AND imputed MADNESS.

There being only two Special Jurors in attendance, a tales was prayed. Mr Serjeant Taddy stated the circumstances. The two principal parties in this case were of the same name, and, he was sorry to say, brothers. They were engaged in difsérent pursuits. The plaintiff, Mr Robert Fletcher, came from Scotland about five years ago, and kept an establishment for the education of forty

the defendant thought proper to act upon afterwards, Proposals were made by the plaintiff to his brother to no purpose, and he endeavoured at last to obtain an interview with him. On the 20th of July 1823, being Sunday, not having then seen his brother for two years, Mr Robert Fletcher went to the chapel in Moorfields, in the evening, just at the close of the service, and when the congregation was dispersing. He endeavoured to go into the vestry, but he met with resistance, and did not effect his purpose of seeing his brother. It had been suggested that the plaintiff was violent and intoxicated; the Jury would say whether these suggestions would be borne out in evidence. But look at what took place afterwards. Two constables were called in by the defendant, who de

sired them to take the plaintiff to the watch-house. The other defendant, Knight, insisted that the plaintiff should be taken to the private madhouse of Mr Fox, at Cambridge Heath, Hackney. On being conveyed there he begged to be taken home, and they told him they were taking him home. If the state of the plaintiff's mind had been anything short of insanity, the most dangerous course would have been to have taken him to a mad-house. The defendant, Knight, who is a medical person, wrote a certificate in these words:"This is to certify, that I consider Mr Robert Fletcher a fit person to be put under your care." This was signed by Knight, and was directed to Mr Fox. When they arrived at the mad-house Mr Fox was not at home, but on seeing the certificate, he observed it was not conformable to the act of parliament; and Mr Knight, upon this, wrote another certificate, regular in form, but most irregular in substance:-" In consequence of sufficient personal examination, I hereby certify that Mr Robert Fletcher is of insane mind, and that suitable confinement in your care is necessary for his state." The defendant gave orders that the plaintiff's wife should not see him, and Mr Fox himself took upon him to let him see his wife. The next fact he had to state would create surprise. While the plaintiff was in the mad-house, his brother made proposals to him to go as a missionary to Van Diemen's Land, and to allow him a small pension for his support. In this letter the defendant spoke of his brother as being likely abroad to lead a life of usefulness and honour. Was such a letter consistent with an idea of his brother being insane? If it were proved that the plaintiff had been de prived of his liberty without cause, and from whatever motives, the Jury

would visit such an attack with the most exemplary damages.

John Markwell, the elder.-I am one of the constables of Moorgate; I was on duty on Sunday evening, July 20, 1823. Mr Fletcher's chapel, the Albion, is near the watchhouse; Mr Robert Fletcher came to the watch-house on that evening, with several other persons; he appeared to be very violent, like a drunken man; he was there about an hour. I did not see the defendant there at all. The defendant, Mr Christopher Knight, came in about twenty minutes afterwards; before that he had his coat off, and was noisy; he was not so violent when Mr Knight came in; Mr Knight said that he had been making a disturbance in the chapel, and I said that if there were a proper charge given of him, I should think it my duty to take him to the compter; Mr Knight went backwards and forwards two or three times; Knight said that he was insane, and he would give a certificate for him to be taken to a proper place; I said I thought it was my duty to take him to the compter, but that was over-ruled by Knight; I do not recollect seeing Knight talking to the plaintiff at all; Knight said that Mr Robert Fletcher was a lunatic, and he would send him to a madhouse, and exonerate all parties; a coach came. I am sure his brother was in the chapel just by; it was about eight o'clock; several persons got into the coach, but Mr Knight did not go with us; we went to Mr Fox's, at Hackney; no directions were given to any one to go to his wife to let her know where he was going; in the coach he was not violent, but he spoke against his brother; he asked where they were taking him, and he was told he was going home. When they got to Shoreditch church, he said, you are not

taking me home; somebody said it was all right, and he went on quietly; after a short time, he said he saw how it was; when he got to the house, he asked that somebody might go to his wife that evening, and let her know where he was; he said it would be a shocking thing, as there would be nobody to attend his school in the morning; he was promised some one should go; he wrote a letter, but I don't know what became of it; he was as quiet and collected as any one in the room.

Cross-examined. The people were coming out of chapel when I was sent for; the watch-house was next door to the chapel; I don't know what disturbance there was in the chapel; I don't know that he foamed in the mouth; he threw his arms about, but not to strike any one; I did not see that he excited alarm, or put any one in bodily fear; I did not think it necessary to pinion him, for he very soon became quite cool and collected; I cannot say whether his neckcloth was off; some water was brought to him; he drank several times. On my oath he did not say the water was poisoned by his brother; he did not drink at first, but I did not hear him use any such expression. I cannot swear that Knight did not attempt to feel his pulse; he might do it without my seeing him in a mob of people; about half an hour was occupied before he was put in the coach. I saw Mr Hawker, who belongs to the chapel, there. Mr Alexander Fletcher is much respected, and followed by a very respectable congregation.

William Markland, the younger, corroborated the evidence of the preceding witness, and added, that he received instructions to call upon the plaintiff's wife. He told him the name of the street, the number of the house, and every other particular, in

the coolest and most collected manner. The witness did not think the plaintiff insane.

Mr Samuel Fox.-I have two asylums for lunatics; I came home about half past ten on the Sunday evening; but hearing the patient was gone to bed comfortably, I did not disturb him; I saw him next day, when he was incoherent, and labouring under a nervous debility of mind; he gave me a hurried and unconnected detail, as I conceived, of his grievances; he was with me till the following Monday, during which time I had an opportunity of judging of his mind; he was not insane; I had no occasion to use any restraint; it is usual to have a paper signed by some of the relatives of lunatics, besides a certificate of the medical person; such a paper was sent me on the Monday; I saw Mr A. Fletcher either the first or second day after his brother's confinement; before then I had authorized his wife to see him; orders had been given by the defendant that his wife was not to see him; they were together many hours in the room. My daughter and the plaintiff read classical authors together.

Mr A. Fletcher gave me some papers, the most important one of which I showed to Mr Robert Fletcher; I am not clear whether I had it back; I suppose not, as application has been since made to me for it by the defendant; I have searched, but cannot find it; Mr A. Fletcher read the contents of it to me; Mr A. Fletcher said that he considered his brother as labouring under frequent paroxysms of insanity, and at those periods he flew to liquor, which rendered him a complete madman, and unsafe to have the management of his person; but probably, if he were to go to some other country, he might be weaned from the effects of liquor, and that it would be better for him