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MONAGHAN ASSIZES. Silw. AIEtroy (a coarse country lad, aged about 20) was capitally indicted for setting tire to a ear-house belonging to Mr. David Woods Cardufflkelly, near Carrickmacross, in February last. Mr Woods, the first witness, deposed to the t circamstance^attending the burning of his car- house which took place about 12 o'clock at night when the family -were all in bed. He stated that being awakes he heard a noise outside his house as of some person stumbling in consequence of whfcb be .was induced to rise owt of bed; and" ollgoirfg down stairs and opening" the hall-door which he did quietly, be beheld his car-house on fire, and distinctly saw the prisoner (M'Elroy) urging the flames towards the dwelling-house. Thomas Woods, son ofthe prosecutor, stated, Thomas Woods, son of the prosecutor, stated, that on hearing his father call out that the car- house was on fire, he ran out naked, and saw the figure of a man at a distance running from the flames. -He could not say who that person was. This was the case for the prosecution. In defence, Charlotte Woods, aged, 18, the daughter of the prosecutor, appeared. She first denied that any attachment subsisted between her and thoprisoner, and then gavethe following amazing account of the burning, in coming for- ward to declare which, she said, she was actuated solely by a regard for truth, and a desire to save an innocent life She related, that on the even- ing in question, all the family, excepting herself and a servant girl, whom the called Ellen, went to bed between 9 and 10 o'clock. She usually slept in a small bed-room on the ground floor, off the kitchen; the cervant girl, who slept in the same room having some articles of wearing apparel to mend, sat up for that purpose, unknown to her master and family, and she (the witness) remained in the kitchen assisting her, until about half-past 11, when, hearing her father cough and make a noise as if rising, she and the servant hurried into their bed-room, extinguished the candle, and began to undress. She explained that she was afraid of her father knowing that they had been sitting up, as he had expressly pro- hibited any of the family from doing so. Miss Woods went on to state, that she and the girl had knelt down to say their prayers, when she heard a stool fall, and her face being turned towards the kitchen, into which a small window looked, she observed her father approach the fire, from which ho took a lighted truf; that she then beckoned the servant to watch her father, and the two follow- ed him to the door, where they remained concealed and actually saw him with his own hand set fire to the car-house, he having first earefully loosed the calf and pig and set them at liberty. She further deposed, that on witnesssing such extra- ordinary conduct on the part of her father, she and the servant hastily returned to the the room; they were frightened, and, although uudfcWtedv crept into bed, fearing that her father might come into the room. She then heard him deliberately close the kitchen door and go up stairs, where he remained about a quarter of an hour, and then came down and gave the alarm of fiie. In addition, she related the particulars of a conversation between her two elder brothers, which she overheard a night or two after the burning) was a good plan to put M'Elroy out of the way on which he replied. "Yes, but I doubt my father will go too far-he must per- jure himself." She also said, that some days previous to the burning her father accused her of being intimate with M'Eiroy, and told her that he would not suffer any person of such condition to come near his house, or have any acquaintance with his daughter The servant-girl, who was next examined, cor- roborated, in every particular, the statement given by Miss Woods. A tailor, whose name has escaped us, was ex- amined to prove an alibi for the prisoner. He swore, -1-hat on the night on which the burning was said to have taken place, the prisoner came to his house to get a pair of small clothes mended; and doing some other work, that the prisoner sat with him, and remained in his house from sunset to sunrise. After the examination of these witnesses, counsel for the prosecution requested and obtain- ed leave to produce further testimony on behalf of the Crown. He then called: George Woods, son to the prosecutor, who said he had heard what was stated by his sister relative to a conversation between him and his brother Thomas; he swore positively that no such conversation, nor any such words, ever pas- sed between them. Witness stated that an in- timacy had subsisted between his sister and the prisoner, whom he discovered together one day in a back room of a house in Carrickmacross, in such a situation as left no doubt on bis mind of their improper intimacy. Thomas Woods was then examined, relative to a conversation sworn by his sister to have taken place between him and his brotlier George. He swore positively that no such conversation had ever taken place. A'girt, named Collins, also in the service of the prosecutor, was next examined. She stated that she was in the kitchen on the night in ques- tion, in company with Miss Woods and the ser- vant Ellen, and swore positively that they did not remain there more than half an hour after the family went to bed that they merely washed their feet, and did not sew or mend any part of their clothes. She said that Miss Woods, Ellen and herself, then went into the bed-room off the kitchen that they had ail three undressed, and were in the act of praying when the alarm of fire was given by her master. She denied all that the two others had sworn respecting the con- duct of her master; nothng of the kind took place that she saw, nor could it have taken place with- out her seeing it. Charlotte Woods and the girl Ellen were con- fronted with the last witness, and both adhered firmly to what they had previously sworn. The learned Judge now proceeded to sum up the evidence. He set out by observing that a more extraordinary case, or one supported and de- fended by suchconflicting testimony had never come before him. Jury remained closeted the night, and remained until the afternoon of Thursday, when, not having agreed on any verdict, they were conveyed to the verge of the county, and there discharged in the usual way.




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