*Connaught Journal Galway, Ireland Thursday, Feb 6, 1823 Volume 69 Price 5 Pence* ** LIEUTENANT FRANKLIN'S CASE-BAIL FOR MURDER On Monday, the Bench was moved to admit to bail Lieut. FRANKLIN & Patrick THORNTON, charged with the murder of Thomas HEHIR. The facts of this case have already been before the public; and which had arisen out of a seizure of illicit malt in the County of Clare. The learned Counsel quoted the statute 46th King, ch. 106, wherein if a revenue officer should be obstructed in the execution of his duty, he was warranted to repel force to force, and if in consequence any thing fatal occurred, it became imperative in a Magistrate to admit such officer to bail. Counsel stated that Mr. FRANKLIN was assailed by teh deceased together with a mob of 200 persons, crying out in Irish to attack him, and upon which several stones were flung. Mr. FRANKLIN pursued the deceased,but his horse having stuck in the bog, he followed the deceased on foot, who turned round with an uncommon wattle and made an effort to give him a blow which he followed up by a second, and a third; and reduced Mr. FRANKLIN to the necessity of defending himself; he put his hand into his pocket and drew therefrom a pistol and fired at HEHIR, which unfortunately mortally wounded him. He therefore contended, under all the circumstances of the case, Lieut. FRANKLIN was entitled to be admitted to bail. A young man then addressed the Court and stated, that this was a proceeding which was not expected, and prayed for further time before the parties was admitted to bail. The Lord Chief Justice desired that Lieutenant FRANKLIN should be admitted to bail, himself in 500l. and two sureties in 200l. each-and that THORNTON, whose circumstances were not so good, would be admitted to bail in 100l. and two sureties in 50l each. And in reply to the observations of the individual who addressed the Bench, that the ground of their decision lay in the information of the deceased-so that there was no likelihood of a failure of justice. this article found on this website http://www.celticcousins.net/ireland/1823febconnaught.htm