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/