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653. The Trial of WILLIAM SHIELDS for the Murder of THOMAS RYAN; before the Court holden at Dublin under a Commission of Oyer and Terminer, on Monday December

6th: 43 GEO. III. A. D. 1802.*

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The following Jury were then sworn. Josias Philips,

Present. The Hon. Mr. Justice DAY; the Mark Saunders, Hon. Mr. Justice Fox.

Counsel for the Crown. Mr. Mac Nally; Mr. Jonas Greene; Mr. Ridgeway; Mr. Bethel.

Agents.-Mr. Kemmis, Crown Solicitor; Mr. Leonard Mac Nally.

Samuel Dunbar,
James Gibball,
William Hatton,
H. James Williams,

John Parker,

Francis Darlington,

Philip Bere,

John Hill

Henry Lemaistre,
Joseph Harrison.

Mr. Mac Nally.-My Lords, and Gentlemen of the Jury;-I am counsel for the crown; and I am happy to find that one of the objections of the counsel for the prisoner

Counsel for the Prisoner.-Mr. Egan; Mr. is now removed, by the appearance of Mr. O'Driscoll; Mr. Bushe; Mr. Giffard.

Agent. Mr. R. Newell.

THIS day the Court met, pursuant to the adjournment of Saturday last, and proceeded on the trial of William Shields.

Mr. Giffard moved that the rule entered into on the discharging of the former jury should be read, in order that he might be enabled to understand, under what circumstances they had been discharged, in case any point should arise as to the legality of his client being put a second time on his trial. He was necessitated to trespass a little on their lordships' time; having received his brief but a short time previous to his coming into court, he was not fully acquainted with the circumstances of the case.

The Court ordered the rule to be read; which imported, that in as much as the jury could not in any wise agree, and that the justices were about to depart from the county, the business having been finished, the said jury were ordered to be discharged, and that the prisoner Shields was thereby remanded, in order that he might abide his trial at the next sitting of the commission.

Mr. Giffard stated that there was another difficulty under which he laboured, which was, that Mr. Egan, Mr. Bushe and Mr. O'Driscoll, to whom he said he was junior, were absent.

The Court said the prisoner had such long previous notice of the time at which he was to be tried, that he ought to be prepared; that perhaps the gentlemen whose absence was lamented by Mr. Giffard would shortly arrive, and that at all events they considered the prisoner as having a very able advocate in Mr. Giffard.

See the preceding case.

O'Driscoll, a gentleman, the advantage of
whose abilities, Mr. Giffard seems to think
great utility to the prisoner.
so necessary; and it certainly must be of

I shall state to you, gentlemen, the facts with which the prisoner stands charged; and when I have concluded, I shall have satisfac tion in reflecting, that if it was not my duty to extenuate the crime of which he is accused, I at least have not endeavoured to aggravate it, by any unnecessary observations. But, gentlemen, I shall first call your attention to one observation, which I think will be of as much service to the prisoner on his trial, as it will be to public justice; it is this; that you should divest yourselves of any impression arising from any thing that you may have heard or read of this business, previous to this time; that you will confine yourselves to the facts which shall be laid before you, and that you should not draw any conclusion or inference from any thing but the evidence which will be this day produced to you; and their lordships will agree with me, and with the opinion of that learned character lord Mansfield, that a jury should be divested of all prejudice, and that they ought not to receive any impression but what would be sanctioned by the testimony of credible and respectable witnesses.

The prisoner standscharged with murder,one of the greatest crimes of which human nature can be guilty. But, gentlemen, in proportion as the crime with which a man stands charged militates against the laws of society, the greater ought to be your circumspection in receiving evidence of his guilt; and you should well consider of the credibility of the witnesses giving such testimony.

I am sanctioned in the observation I am going to make by the opinion of several judges, that if a man commits homicide, the onus

by means of which Ryan was killed; and, gentlemen, it will lie upon him to show (as I have before observed to you) if the facts shall be proved by the evidence laid before you un der what authority he shot the deceased man; whether it was in defence of his life, whether it was unavoidable, or through necessity; but, gentlemen of the jury, if it shall appear to you, that those shots were fired with an intent to kill any person, I know of no law which could possibly justify the act; and if there is such a law, I am yet to be instructed in it, by the gentlemen on the other side. This, gentlemen, is the case you are to try; and it is a case of a most serious nature, and on which depends the life of the prisoner at the bar.

probandi lies upon him, and he is bound to show under what circumstances he committed it, and to produce evidence of his having committed that homicide under circumstances that might excuse or extenuate it; and if he fails in such proof, the law will supply the malice necessary to constitute the crime of murder; and gentlemen if it shall appear to you upon the evidence, and if you shall be of opinion that the prisoner committed the homicide mentioned in the indictment, I shall submit to their lordships as to the law on the subject; you, gentlemen of the jury, are judges of the facts, but as to the law upon the subject, you are bound to act under the advice and by the direction of their lordships. I will now state the material facts, as they will appear in evidence before you, against the gentleman at the bar; they are these; I shall state them shortly, and I will not take up your time by stating circumstances not material to the issue of this trial. On the 14th of July last a bonfire was lighted in Kevin'sstreet, at the Fountain, about 11 o'clock at night; a man of the name of Thomas Ryan,

who had been in the service of alderman

Stamer, in whose house he was employed until a short time before that hour, and had left alderman Stamer's house to go to his lodgings, in the neighbourhood of Kevin'sstreet, stopped at the bonfire, and while he was standing there, peaceably looking on, close to the Fountain, three shots were fired, and then a fourth, which was the fatal shot; a ball entered his forehead and went out at the back part of his head, and he expired without a groan.

I would not wish to suppress any fact material to the fair and impartial investigation of this matter, and will therefore state to you, that the day on which the deceased man was killed was the anniversary of an event which happened in another country, I mean the French Revolution; and the 12th was the anniversary of a day no less remarkable by the abdication of king James, and the acces sion of king William to the throne. There was an opposition of miscreants belonging to two different factions, whose politics I shall not at present descant upon, and to this opposition an unfortunate and innocent man fell a victim.

James Morris sworn.-Examined by
Mr. Greene.

Did you know Thomas Ryan?—I did, sir.
Is he living or dead?-Dead, I believe.
Did you see him dead?-I did, sir.
Where? At the Fountain in Kevin's-street.
On what day?-On the night of the 14th
of July last.

Did the day following?—I did. you attend on the coroner's inquest on

sir.

Did you see surgeon Rorke there?—I did,

him dead?-I saw him before he returned to When did you see him last, before you saw alderman Stamer's for the last time, on the evening of the 14th.

Mr. James Rorke sworn.-Examined by
Mr. Bethel.

Did you go in a professional capacity to any place on the 14th of July last?-I did, sir; I went on that day to see a man in the crane-yard, in Kevin's-street.

Was he living or dead?—He was dead.
Had he the appearance of being wounded?
He had.

Of what nature was the wound?-It seemed to have been inflicted with a gun, or some such instrument, charged with combustible matter; and the contents of which instrument entered his forehead, traversed the brain, and came out at the back part of his head.

Mr. Mac Nally.-What you want to get out of this witness, I will ask him: Was it a mortal wound?-It was.

Michael Johnston sworn.-Examined by
Mr. Ridgeway.

Be so good as to answer the questions I shall ask you. Your name is Michael Johnston ?—It is, sir.

Where do you live?—In Kevin's-street.
Did you live there on the 14th of July last?

I am instructed, gentlemen, to state, that the prisoner at the bar, with several other persons, crossed the street from Cathedrallane to the Bishop's palace; that they passed under the shade of the dead wall, enclosing the Bishop's palace, unknown to any of the persons who were at the bonfire; and I understand, that when the party came nearly opposite to the bonfire, the prisoner Shields gave-Yes, sir. orders to the rest of the party to fire;expressions were made use of which I shall not now state to you, but I will leave the relation of it to the witnesses who will appear before you;---and that, in a short time after, the prisoner, singly and individually, fired a musket,

Do you remember the evening of the 14th? I do, sir; I went home and threw myself on the bed, for I was unwell.

How far do you live from the Fountain?— About forty or fifty yards I believe, on the opposite side to the palace.

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Were they armed?-They were, they had among them four firelocks.

What expressions do you allude to?—He said" by the Holy Ghost he would fire.”

Do you know who fired the shot?—I do not.

Was the deceased man, Ryan, killed by the shot He was, he fell in a little heap of sludge, that was fornent Mr. Segrave's door, and I cried out that the man was murdered.

Were you subject to sickness?--Yes, I got a paralytic stroke, and am very weak. Mr. Ridgeway.---Were you at the inquest?

---I was.

Where?---At the Crane.

Did you see the surgeon there ?---I did not take particular notice.

At the time that you went up to the bonfire, did you see any riot ?--I did not see any

Did you observe them do any thing?-I saw Mr. Shields jump forward from the mid-riot in the world. dle of them.

Did you hear any noise or huzzaing ?--- I

Then you swear the prisoner Shields was of heard a noise when I was in bed. that party?—He was.

Had he a firelock in his hand?—He had. What did you next observe?-I heard him swearing by the Holy Ghost that he would make a lane through the crowd that were at the Fountain.

Are you certain now, Johnston, that you heard him use that expression?-I did indeed, sir.

Did you do any thing in consequence of it? -I turned about and took my hat which lay upon the table at the window, and ran down stairs as hard as I could.

Did they observe you?-Yes, they could not but see me they pursued me, and I ran down to the Fountain, and clapped my hands, and told the people that if they did not run away there would be murder; and the words were hardly out of my mouth, when I saw 9 or 10 persons near the cooper's.

The persons you saw at Cathedral-lane?Yes.

Did any thing else remarkable happen?Yes, three shots were fired by the party, and I do think that the muskets were not loaded with ball, or some one would have been killed; I then heard some one cry out, "Shields, Shields, if you fire there will be murder."

Was that before or after the three shots were fired?-It was after.

Did the prisoner do any thing after that?Shields said," by the Holy Ghost I will fire;" a shot was then fired, and the man fell.

Where was he standing at that time?--I thought he was standing nearer the Fountain than to the Crane.

Did he advance forward?-He appeared to me to jump forward from the flags into the

street.

Court. You are not perfectly sure of that? -I am not.

Mr. Ridgeway.-Are you certain it was Shields who made use of those expressions? -I am certain that it was he, and no one else. Court. What space of time elapsed from the time you heard the prisoner make use of those expressions, until the shot was fired? Three or four minutes, I believe.

Did you see the man after he was killed?—
Yes, I saw him dead.

Michael Johnston cross-examined by
Mr. O'Driscoll.

You had no motive whatever, I presume, on this or the former trial, but to do an act of public justice?-Just the thing; I had no other motive whatever.

Did you hear that all Shields's party were yeoman?---I know that Shields was a yeoman.

Pray, sir, do you know a man of the name of Kinch, whom you swore against on a former occasion ?-- I did not swear against him. Did you see him among the party ?--I did not.

Do you not believe that this man came out in defence of his own life, and for the protection of the neighbourhood P---I never heard it.

Did you never hear that persons were huzzaing for the French revolution ?---I did not. Did you live in the street on the 12th and 13th ?---I did.

Did you hear any thing about a tree of liberty ?---I did not.

When you went up to the Fountain, did you see any thing like a tree of liberty?---I did not see it.

Do you believe there was one there ?--- It might be so.

Do you believe that they had a tree of liberty?---I do not know any thing about it. Do you believe it?--I do not.

What made you awhile ago say; that you did not doubt but they might have had a tree of liberty?--I do not know what it is.

Well, it is any green branch that they might call the tree of liberty: but you said awhile ago, that you did not doubt but that they had a tree of liberty, and you said just now that you believed they had not any such thing; be so good as to reconcile this seeming contradiction to the Court and the gentlemen of the jury; I am sure you can do it?---I do not know what a tree of liberty is.

Did you ever hear what it was ?---I did hear something about it, but I cannot recollect what it was.

And do you not believe that eleven out of twelve of the jury did not believe one word of what you said upon that occasion?

You were asleep from 6 till past 10 o'clock;' did you hear that a party were going through the street, calling for bloody heretics and orangemen, to the terror of the Protestant and loyal inhabitants of the street?---I always keep myself to myself, and never heard any thing about it.

Did you ever hear that the Protestants were called bloody Orangemen, and that the yeomen were called bloody yeomen?---I did not, nor would I stand by to hear it.

Do you believe there was a mob in the street? There were some people about the bonfire; and I heard shouting.

When you went up to the bonfire, how many persons were assembled ?---I cannot tell.

Were there 20?---I cannot tell, for the huzzaers all dispersed when I went up to them, and told them there would be murder if they did not go away.

Did you see any disturbance on the 13th, the day before the man was killed?--I did

not.

Did you on the 12th ?---On the 12th I saw Shields dancing round a pitch barrel that was lighting.

Mr. Mac Nally.-I object to that question; it certainly cannot be a fair or proper question to ask any witness.

Court.-It certainly is not a proper question to be asked.

Mr. O'Driscoll.-I ask you, on your oath, do you not believe that many people in the neighbourhood wished for the death of the prisoner on account of his loyalty?—I do not; the man never injured me, and I do not wish him any injury.

Have you not heard, and do you not believe, that the prisoner was a man of a very peaceable, quiet disposition, and that he often used exertions to suppress disorder?—I have seen him do so: I never knew any harm of the man in my life, nor never knew him to behave improperly in the whole course of my life.

Court. You say you never heard any thing to the prejudice of the man; now, had you an opportunity of knowing his character from living in the neighbourhood?—I had.

And was his general character a good one? Did you see any one else there ?---Yes, peo--I never knew any thing to his prejudice ple on and about the flags.

This is the third time you were examined relative to this business; you were examined on the coroner's inquest, and on the last trial? --Yes.

Now, do not you believe that you had as clear a recollection of the circumstances on the day you were examined before the coroner's inquest, which was the very day after the affair happened, as you can possibly now have after such a lapse of time ?---I do, as to what I saw.

Now, by virtue of the oath you have taken, did you not tell the jury on that inquest, that the expression you heard Shields make use of was, "I must go and disperse the mob at the Fountain;" I mean when you gave evidence at the coroner's inquest?I do not understand what you mean.

Did you mention to the jury on that inquest, that Shields swore he would make a lane through the people at the Fountain ?---I did.

Did you tell them, that when some person cried out, "Shields do not you fire, or there will be murder," that he made answer, "By the Holy Ghost I will fire ?"-I did.

And did you tell him that a shot was fired in two or three minutes after?-To the best of my opinion I did.

You live at No. 15; you have lived there for a long time?-I suppose for about a year. Do you remember ever to have heard, that the houses of many of the Protestants and loyal inhabitants of the neighbourhood were attacked on the 12th, 13th, and 14th at night, or that windows were broken ?-I did not.

You were examined on the last trial for this alleged murder?-I was.

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until the present business. He never injured me, and I do not owe any enmity to him.

One of the Jurors.-How could you distinguish his face so well at that time; or how did you know his voice amongst a crowd of people? I often heard him in the street when he was coming home to his own place, calling out mother; and I often rose to look at him, and took notice of it.

How far were you from Shields when you heard him make use of the expressions you mentioned?-Forty or fifty

Court.--Forty or fifty yards?-No, my lord; I believe twenty or thirty.

Is it between forty and fifty yards, or less? -I do not think it is fifty yards, but I cannot be certain.

One of the Jurors.-I know the place, and I am sure it is near a hundred yards.

Mr. Justice Fox.-Where were you standing?—At the corner of Mr. Segrave's house.

Was it after you had quitted your lodgings, in order to give the alarm to the people at the bon-fire?—It was after I left my own place.

Were you at all concerned in this transaction ?-I was not.

Pray, how came it to pass that you went out and passed by a man, and went up to the Fountain, after you had heard him make use of those horrid expressions, swearing that he would make a lane through the crowd at the Fountain?-I worked at Mr. Barrett's in Bishop-street, and I thought that some of my shop-mates might have been at the fire. Then you went to save them by giving them warning of their danger?—I did.

What is Mr. Barrett?-A button-maker. Mr. O'Driscoll.-When you came out of the house and looked down, had you a view of the people at the bon-fire?—I had.

How far had you to look ?-Almost the whole length of the street.

Upon the oath you have taken, did you not swear at the last commission that there were only about 7 or 8 children at the bonfire?-I did not.

One of the Jurors.-Did you hear that the prisoner's windows were broken ?—I heard it; but it was after the man was shot that Shields's house was broken, in order to search for him. Andrew Mac Manus sworn.-Examined by Mr. Mac Nally.

Did you know the man who was shot? Never, to my knowledge.

Did you see him on the night he was shot? -Not to my knowledge.

Were you at the bonfire on the night of the 14th-Yes.

Who were at the bonfire when you were
there?-A good many women and children.
Were they armed?-No; they were not.
Had they any sticks?—Yes.
Were you armed?-No.
Did you hear firing?-Yes.

What time did it take place?-Between 10 and 11 o'clock.

Whereabouts did you stand?-Near Mr. Lamb's.

How far from the bonfire?-Near a hundred yards.

While you were standing there, were there many shots discharged?-I believe four or five.

Were you wounded by any of those shots? -Yes, by the second and third.

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How long have you known him ?—About two years.

Did you see him on that night ?—I did not, to my remembrance.

Andrew Mac Manus cross-examined by
Mr. Giffard.

Where do you live?—In Kevin's-street.
Did you live there in July last?--I did.
It was your usual place of residence at that
time?—Yes.

Did you live near to the place where the witness Johnston lived?-He lived in one Kevin's-street, and I in the other.

Where were you going at the time you were attracted by the bonfire?-Some person came up to my place, and told me there was a bonfire; I believe it was one of my sisters. Did you hear upon what occasion?—I did

not.

Perhaps you did not conceive the meaning of the question. Did you hear that the bonfire was lighted for the purpose of rejoicing? -I did.

Upon what occasion ?—I did not hear.

Did you observe any particular decoration about the Fountain upon that night?—I saw some green boughs.

Do not you think that any one else could have seen them as well as yourself?—I do. What do you believe the green boughs were to signify?I did not hear any thing about them.

Did you hear any single shot?-I cannot say; for when I was wounded I was brought-I do not know for what reason. into a room to stop the blood.

What do you believe they were put up for?

Where were you wounded?-In the side of the head, in the arm, and in the side.

Have you any mark remaining in consequence of the wounds you received by means of those shots ?—Yes.

Where?-Here, in the side of my head near the ear.

Mr. Giffard.-My eyes are not sharp enough to perceive it.

Mr. Mac Nally.-Is there any shot not yet extracted?—Yes.

You received them on that night?--I did. From whence did they seem to have been directed ?-From the Crane gate.

How far was that?-About 100 yards.
Did you see any of those shots ?-I saw a
grain of shot, seemingly chewed shot.

Were you attended by a surgeon ?—I was.
By whom?-Surgeon Hallahan.
Now, Mr. Mac Manus, on your oath, was
there any riot at that time?—No.

Could there have been a riot without your seeing it? There could not.

Did the shots take a line in the direction of the Fountain ?--No; rather, I think, below the Fountain.

Now, let me ask you, did you see Ryan, the man that was killed?-I did not, until the next day.

And you never heard it ?-I never did.
Did you hear any riots on the 14th of July?
-I heard a man say here that there was a
riot, but I did not see it.

Do you believe the man who said it?—I do

not.

Did you ever hear it before?-No, sir; I only heard it from him.

Did you hear of any riot, or collection of people on the 13th-I heard that the windows of a house were broken.

Was it before or after the night of the bonfire?I believe it was before.

Did you hear whose house it was? ---I did; but I do not now remember.

Do you remember either his surname or christian name ?---I do not.

Or what description of person?---I forget

now.

Court. Was it on the 12th or 13th?—I cannot tell.

Mr. Giffurd.Do you know any of the persons who were at the bonfire along with you?--I know a boy who lived next door; and also a boy of the name of Shannon.

Who was the other boy?-A cooper's apprentice.

What was his name?-Barney Clarke. Who was the other boy?-He was a mare ried man.

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