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THE ORPHAN MAID.

CAPTIVITY.I

To A SSOW DROP, APPEARING…

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BRECON C YMREIG YDD10 X.

HERTFORDSHIRE ASSIZES, MARCH…

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HERTFORDSHIRE ASSIZES, MARCH 4. THE INTERESTING CASE OF MR, CONOLLV THE Assizes for this county commenced here to-day, before the Lord Chief Baron Alexander and the Honourable Mr. Justice Best. The ca- lendar contains a list of twenty-six prisoners committed for various offences but the most pro- minent case is the alleged murder ot James Grainge by Patrick Conolly and others, at Sheidy Hill, on the 31st of December last. Mr. Justice Best, who presided in the Crown Court, charged the Grand Jury, and called their attention principally to the case above-mentioned. His Lordship,- after stating to them the substance of the depositions against the prisoners, as re- turned by the committing Magistrates, said he understood that there were two distinct charges intended to be preferred against the parties, namely, one founded on Lord Ellenborough's Act, 43d Geo. 3, for stabbing the Sheriff's officer Watson, with a pitchfork, with intent to murder him and the other for murdering James Grainge with a loaded gun. These charges he understood to be applicable to two distinct transactions: first, that in which Watson attempted to arrest Mr. Conolly, and the other, when the deceased was killed, in an attempt to apprehend the prisoner on a peace- warrant. The first alleged offence must depend upon the question, whether, in case death had ensued from the violence committed on Watson's person, the offence would have been murder.— iu order, to decide as to the mautter in which the officer attempted to make his caption. Ac- cording to the depositions, the outer-door of the house was open, and in the attempt to force an inner-door the wound was inflicted. If this fact was clearly established the first offence would be made out. An officer could not break an outer-door to execute civil process but finding the outer-door open he might enter, ana break inner-doors to take his prisoner. If the door, upon which the violence was committed in this instance, was the outer entrance to the house, then the officer would not be justified in breaking it, though the prisoner was only a visi- tor, The depositions of the different witnesses vari- ed hi this point, and therefore it was incumbent o,i the G.and J itrv to pay particular attention to this part of the case. Then. as to the second charge, there was no doubt that if the deceased was a it t duly authorised to execute a warrant for the apprehension of Mr. Conolly for the breach of pe.ise committed on Watson, the breaking open the house was lawful act, pro vided tha prisoner had due notice of the contents and object of the warrant and if the prisoner, in resisting the execution of the wanant under such circumstances, killed the theofrenc would amount to murder. His Lordship observed that there was a mate- r' •• lifters nee. la depositions of the s W¡:;1(,.id as 1\) ttio notice which had been given to rhe p: isoner of the contents cf tha warrant, and the authority of the deceased to execute it. Some said that the warrant was read to the prisoner, and others, that the substance of its contents was read to the prisoner, and others that the substance of its contents was distinctly announced. It was the duty of the Grand Jury to watch wilh great circumspection this part of the evi- dence, because it was most material as it respect- ed the charge of wilful murder. It appeared from the depositions, that Mrs. Brown, Moran, and the other prisoners, were encouraging the conduct of Conolly throughout the whole transaction, and therefore, in the eye of the law, they were all principals. The Grand Jury, however, would attend to all the circumstances of the case, as proved by viva voce evidence, and return such bills as were satisfactory to their consciences. The Grind Jury, after being out about four hours returned a bill of Manslaughter only against Mr. Conoliv and Moran, and ignored the bill agahist Mis. Brown, Amelia Morgan, and Ed- ward Trayers. <

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