5 AUGUST 1854, Page 6

IRELAND.

The Venerable G. M. Beresford, Archdeacon of Ardagh, has been ap- pointed to the see of Kilmore, vacant by the death of Dr. Leslie.

The trial of Mr. John Carden, of Barnane Tower, for the abduction of Mist Eleanor Arbuthnot, took place on Friday last week, at the Clonmel Assizes, before Mr. Justice BalL As early as seven in the morning persons besieged the door of the court-house, although it was believed that the proceedings would not commence until ten. "Admission," it is said, "was only el'," tamed by ticket " ; and when at nine o'clock the doors were opened, the galleries speedily filled with a strong muster of "fashionable ladies. ' The Indian veteran Lord Gough, his son Captain Gough, and several of the friends were in court. The Attorney-General, Mr. George Q.C., and Mr. Pennelather, appeared for the prosecution ; Mr. Martiey QC., Mr. Bollestone Q.C., Mr. D. Lynch Q.C., and Mr. Shaw, for the defence. The indictment contained two counts; the first charging Mr. Carden with the abduction of Mies Eleanor Louisa Arbuthnot, with intent to marry her, the second charged him with intent to commit a criminal assault. At the outset, Mr. Martley applied for the postponement of the trial to the flex' Assizee; on the ground, mainly, that articles in the newspapers had pIT; judiced the public mind against the prisoner, so that an impartial trial eeT." not be had. Mr. 'Justice Ball decided not to postpone the trial : if pubuz excitement were allowed to be a ground for postponement, there would be no ease of any great magnitude in which the rloorilight not be called uP011 to postpone the trial for a similar reason. The trial, therefore, went on. The Attorney-General opened the case, and stated some incidents which eded the attempt on the 2d July. He told how Mr. Carden had wooed Was Eleanor Arbuthnot, but had been rejected with indignation; how Mr. Carden endeavoured to force his society upon her, after it had been intima- ted to him in the most significant manner that ehe wee indisposed towards

si It appears that the ladies at Captain Gough's were accustomed to go broil on Wednesdays; and that on Wednesday the 28th June Miss Ar-

to the eldest sister of Miss Eleanor, and her friend Miss Lyndon, went bsoufeihard. church. They were watched by Rainsben-y, a confidential ser- vant of Mr. Carden ; who inquired who they were. On their return in a Dog phaeton, they were met by Mr. Carden on horseback ; and shortly after- :Ands a carriage passed, and then Rainsberry in a jaunting-car with three or sour men. It was fortunate, said the Attorney-General, that Miss Eleanor as not there. Next day there was a flower-show at Rathronan; the ladies attended, and Mr. Carden attended also. He endeavoured to force his con- reisation on Miss Eleanor Arbuthnot, but she repelled him. The Attorney- General related the proceedings of Mr. Carden and his band on Sunday the 2t1 July; and in the course of his doing so he mentioned the fact that the state of Mrs. Gough's health was such as to render any violence to her feel- ings hazardous to two lives. But here the witnesses take up the tale. Miss Eleanor Louisa Arbuthnot, the first examined, deposed that she went to Rathronan church on that day with her two sisters, Mrs. Gough and Miss Arbuthnot, and her friend Miss Lyndon. It was sacrament Sunday, and they staid the communion. They had gone to church in an open ear; but the day being showery, a covered car was brought during service, and in it they returned. Miss Eleanor sat at the further end of the car on the aide next the driver, Miss Lyndon sat on the same side ; opposite Miss Eleanor sat Miss Arbuthnot, and Mrs. Gough sat next the door. About half-way between the church and Rathronan House, Mrs. Gough exclaimed, "Mr. Carden is coming!" He passed on horseback ; turned, and followed the car. When near the lodge-gate, the ear suddenly stopped : Mr. Carden appeared at the door, and putting his hand across Miss Lyndon, violently pulled Miss Elea- nor; but she was held back by Miss Arbuthnot. "Miss Lyndon, who re- mained in the car, struck him on the face with her closed hand : I saw him bleeding" continued the witness. "Mr. Carden then let me go, and pulled Miss Lyndon out of the car. I saw her dragged out by Mr. Carden on the road. Mrs. Gough was then in the ear, but she left it soon afterwards : I saw her get out of it. I and my sister, Miss Arbuthnot, were in the car. I was in the place behind the coachman, say sister opposite. Mr. Carden caught my sister and pulled her out. I did not see distinctly how he caught hold of her. She resisted him with all her strength. After her removal I was alone in the car. Mr. Carden came to the car again. He caught hold of both my wrists. He endeavoured to pull me out of the car. I resisted him, by holding on by a strap which was at- tached to the window. I caught it to prevent myself from being taken out. The strap broke at the moment Mr. Carden had a hold of my wrists. The strap was broken by the force with which Mr. Carden pulled me. When the strap gave way, I was pulled down from where I was sitting, to the door of the car, out of the seat on which I had been sitting. I was raised off the seat and pulled over to the door of the car. Mr. Carden, who was on the step, was still holding the upper part of my body, which was out of the car. I was leaning out over the edge of the ear. My legs and the remainder of ray body were in the car. My feet at that time had been drawn nearer the door than they were when I was sitting at the recess. They were drawn dose to the door. They had been close to the other end. The length of the eerie, as I think, three or four feet. I think my feet had been removed about two feet ; the remainder of my body more than that—I think about three feet; I mean by that, the portion of my body that was outside the door. The car at the back had loose leather curtains; the front end sides are solid. It was over the doorway I was pulled ; I think I was about a foot from the doorway. I recovered my position just as I was losing my balance from having put my foot against the opposite side of the ear. I did it to save myself from being pulled out. I was at the time on my side. I did not get back to where I had been sitting, but succeeded in get- ting a seat at the bottom of the car, the place where Miss Lyndon had been sitting. I made every resistance I could. I kicked Mr. Carden in the chest with one of my feet. I was then in the car. Mr. Carden was below me on the step, or on the ground. That occurred at the moment I recovered my position. He was at the time holding me with both his hands by the wrists. He pulled me very hard indeed; my wrists were bruised from the effects of the dragging. I don't know where my sister, Miss Arbuthnot, was at that time. As soon as I recovered my position, I sew her strike him on the back of the bead with her closed hand. She was behind Mr. Carden on the road at the time. While I was in the car, after the other ladies had left it, Mr. Carden said, 'Eleanor, it is you I want.' He repeated my name frequently. I heard him say to my sister, Mrs. Gough, that he should be hanged. He said that only once. I saw three or four men about the car. One of them was at the back of the car, and tried to pull my sister, Miss Arbuthnot, out. He did not succeed. That man tried to pull her out before Mr. Carden tried to do so. The other three men were at the back of the car. I heard Mr. Carden speak to a tall man who was some way from the car, after he had tried to pull me out. He said to that man, 'Pull her out,' pointing to me, 'and don't mind the others.' Mr. Carden was then about three or four yards from the car. That man came over and caught hold of my clothes, and tried to pull me out of the ear. My clothes, outer and under, were very much tom. I resisted the attempts of that man. Mr. Carden was on the road at the time' about two or three yards from the car. Just before I was struggling with the tall man, I saw the coachman, James Dwyer, close to the back of the car : he was trying to defend me ; he had placed himself there for that purpose. I did not see anything further done. The car pro- ceeded through the gate of Rathronan." Miss Laura Arbuthnot made a similar statement, and briefly described her Blare in resisting the attack. "When the oar stopped, Mr. Carden came to the door, and he seized my sister. I truck him on the head. Miss Lyndon struck him. He let my sister go. I was lifted out of the car by Mr. Carden. Be did so by force. Mr. Carden had before that pulled Miss Lyndon out. When Mr. Carden pulled me out, I fell and pulled Mr. Carden down. He got op. I did so too, and then saw him seize my sister. I went to to pull her off ; and struck him on the back of the head." She heard Mr.(Jar- so fy to a man, pointing to Miss Eleanor—" Take her; don't mind the rest ; and, "Game on, boys," and "I shall be hung for this."

Eliza Lyndon, the third lady, corroborated the other accounts; and further told how the endeavoitred to obtain assistance ; calling to the men on Car- den's carriage—who, of course, did not move ; and saying to the coachman of the car, "Stand by us, for we have no one to help us." hmes Dwyer, the coachman in charge of the car, deposed that two of the tnen, Rainsberry being one, cut the reins of the car, and stopped it; and that when he got down from his seat, Mr. Carden was "at the oar." Magrath and Smithariek coming up, Dwyer mingled in the conflict, pulled at Carden, and got blows from a skull-cracker. hha Magrath deposed that he was standing in the avenue leading to the nouse, when Mr. Carden and his banditti passed towards the church, while acarriage stopped near to Captain Gough's gate. Three or four men on foot Were there, and one held the gate firm. Mr. Carden rode up ; the car was stoned; Carden dismounted and commenced his attack. Magrath, seeing Smithwick the shepherd coming, urged him to hasten on and not let the ladies be killed. Magrath at once engaged in the conflict He heard Mr. Carden call " Cowards ! cowards ! why don't you come on ? " He received and gave blows ; and was driven towards the gate. Here he armed himself with stones ; struck Mr. Carden with one, and flung others at the men on the carriage. Miss Eleanor Arbuthnot, witness said, " appeared to face Mr. Carden, and so she would. Carden got in dread of her. You may be confi- dent there was noise enough."

John Smithwick, the shepherd, so frequently alluded to, came up while Mr. Carden was fighting the ladies ; and was struck with a skull-cracker. "Saw Mr. Carden at it. The Misses Arbuthnot were then in the car. Heard Mr. Carden say, It is you I want.' I heard no name. I hit Mr. Carden with his whip. I saw a pistol in Mr. Carden's side-pocket, and a belt round his waist. I took up stones and used them. Saw Magrath struck by two men with skull-crackers. Saw Mr. Carden on the step of the car. I made towards him. He retreated, and cried out, ' Murder, boys, why don't you fire ? ' to his own boys. I was cut severely on the head.'

Mr. Carden fled to his carriage, and at once went off at full speed. For twenty miles he headed the pursuit; then he was taken.

Mr. George M'Cullagh, the sub-inspector who captured Carden, gave an interesting inventory of the contents of his carriage. " I took a double- barrelled pistol from Mr. Carden' which he had in his breast or waistcoat- pocket. It was capped and loaded. The pistol is loaded still. It is in court, and the ball is visible. I found in the carriage a single-barrelled pistol, and a five-barrelled revolver, loaded and capped. There was ammunition for the revolvers in the carriage. I found two skull-crackers, or life-preservers, in the carriage. One of them was broken, and had some marks of blood on it. I found a third skull-cracker on the person of Henry Atkinson, the man who was outside the carriage. On the person of James Atkinson I found a large clasp-knife; it appeared perfectly new. On the person of Mr. Carden I found a bolt, which he told me contained about 315/. in money, two bundles of papers, a penknife, and his watch. I found nothing else on his person. There was gold and English notes in the belt. I found a leather bag in the carriage; it was closed with a secret lock. I opened the bag on Monday. When I came into Clonmel with Mr. Carden, I opened it. I brought all the parties into Farney Bridge Barrack until I got an escort ready. I took Mr. Carden myself into Cashel. The bag remained in my possession all the time. I found a bag also containing a small bottle of iodine. I found in the carriage a lady's crochet jacket, a pair of satin slippers, a coil of rope, two balls of strong twine, a wig, air-cushions, an opera-glass, a coat very much torn, and saturated with blood. [A shirt worn by Mr. Carden, an which, when he was arrested, was covered with blood, was produced.] The bag remained in my possession until I saw it opened. Mr. Carden opened it on Wednesday, and put his papers into it, and locked it. When the bag was opened in the gaol, I found the two bottles I now produce, marked Chloro- form ' and Goulard's mixture,' a bottle of sal volatile, seine smelling-salts, several other bottles, containing various fluids, and two gloves, marked with blood. The orderly found a memorandum-book of Mr. Garden's. I also found a flask of water, and a Prayer-book."

James Johnston, a man who accompanied M'Cullagh in pursuit of Mr. Carden, "took from his person a clasp-purse, a memorandum-book, and a black lace veil."

The Attorney-General read the following passage from the memorandum- book—

"Lock the demesne gate, and bully and baffle all pursuers ; but do net endanger life. Lead people to suspect I am shut up in the tower. Rake the gravel at the house, to remove tracks ; and give Johnston a hint to be a friend and mislead the pursuit. Do not forward my letters, but write to me yourself to the Conservative Club, St. James's Street, London. Look after and protect the men who went with me."

Dr. James Shiel deposed that two of the bottles contained chloroform, one valerian, and another coculus indicus.

Mr. Manley, in defence, admitted that a gross outrage had been com- mitted; but submitted that the actual crime of abduction had not been com- pleted, and that the prisoner could only be found guilty of an attempt at abduction.

He called Dr. Forsyth, a medical man, to show that Mr. Carden had not purchased chloroform to make the lady insensible in order that he might carry out the horrible design imputed in one count of the indictment. Dr. Forsyth narrated what took place when he supplied Mr. Carden with two bottles of chloroform. Walking through his surgery, Mr. Carden asked him what was the best thing for a lady subject to hysterics. "I said, chloro- form. He said he knew a lady subject to them. I asked him were they accompanied by spasms, and he said they were. I then said, 'Give her from ten to twenty drops of chloroform in a little water.'" Cross-examined by the Attorney-General, Dr. Forsyth said that ten or twenty drops were a dose ; that each bottle contained about 180 drops; that fifty drops would produce stupefaction ; that he did not usually give chloroform to men as a remedy for hysterical ladies ; that he had never once heard the name of Miss Eleanor Arbuthnot mentioned. "You did not ask for whom he intended these things ?"—"I did not." "Which did you think it would be, right or wrong, to ask him ? "—" I formed no Idea about it : I did not wish to pry into any matter of the kind." "What did you mean by that? had you any suspicion ? "—" Not the most remote." "Then, why did you use the word pry ? ' "—"From his position and rank in society, I did not wish to ask questions."

The evidence having been taken, a discussion arose as to whether there had been a sufficient removal of Miss Eleanor Arbuthnot from the car ; and it was at length agreed that there was not sufficient removal to constitute a felony, but sufficient to constitute an attempt.. The Jury found the pri- soner "Not guilty" of the felony, but " Guilty " of an attempt to com- mit it.

A second trial took place on Saturday ; when Carden and his three associates, Henry Atkinson, James Atkinson, and Patrick Kinnealy, were charged with committing a felonious assault upon John Smithwick. A collateral issue was submitted to the Jury upon a legal point. Mr. Martley contended that the felony of which Mr. Carden was acquitted on the previous day was one and the same with the outting and wounding of Smithwick. On the other side it was con- tended that Mr. Carden had not been acquitted of the felony or felonies charged in the indictment. Upon this point issue was joined , and evidence was brought to prove the assault. This question was submitted to the Jury. For a long time they could not make up their minds ; and at seven o'clock the Judge told them that if they were enclosed for the night they would get no refreshment till Monday. Whereupon one juror said, "We will all be dead before that time !" another, " Will your Lordship allow us to send for our greatcoats?" a third, "Could your Lordship direct us to find a ver- dict?" Once more they retired ; but about eight o'clock there was still One who disagreed ; and they petitioned for a few minutes more. In brief apace they returned, and handed in this verdict—" We find that the acquittal of the charge of abduction is not an acquittal of the felony or felonies in this indictment." They were then discharged.

On Monday, Mr. Carden was again tried, for the assault on John Smith- wick. Here the Jury, after five minutes' deliberation, returned a verdict of "Not guilty "and and the announcement was hailed with cheers,—the ladies waving their handkerchiefa, and the cheers being echoed by the crowd without, Before Mr. Justice Ball passed sentence for the attempt at abduction, of which Mr. Carden was found guilty on Friday, Mr. Carden endeavoured to explain some of the darkest features of the case against him. He did not wish to palliate the heinous crime he lied committed, nor to influence the Court as to the punishment it would inflict ; but he did desire to state that the main positions of the Attorney-General in his opening speech are untrue. "The first is, that I was influenced in this attempt by any degree of malice either towards the young lady herself or any member of her family ; secondly, that I had the slightest idea or knowledge in the world of the delicate state of health of Mrs. Gough ; and the third is that which I would disclaim with the deepest indignation, that I had the remotest intention of using any of those drugs whatsoever for the production of stupifyine effects, or the pro- duction of any effect inconsistent with the dictates of common humanity." He gave this explanation of the chloroform and other medicines found in his carriuge—"There were various other medicines in the carriage, which I had collected from time to time, according as they suggested themselves to my mind. One of them was iodine, which I intended for a local application; I need not mention what that was. The sal volatile and valerium I bought before the chloroform was purchased, and therefore they could not have been got as antidotes. But I laboured under this disadvan- tage—there was brought up, apparently in my favour, but in reality against me, one of the worst witnesses that ever appeared in a court of justice. The character of Dr. Forsyth is well known in this county. He is a clever man, a book-worm, and is even in private life badly able to express himself; therefore you may judge of his confusion in this court. I must tell you the real facts. Almost immediately before I made the attempt, it suggested it- self to my mind, that such extraordinary excitement might produce hysteri- cal affections ; and as I did not know how to treat them—fainting, or that sort of thing, I might have managed—and as I was afraid I would, under the circumstances, be unable to give up the young lady to the first doctor, I thought it better to get some advice on the subject. Accordingly, I waited on Dr. Forsyth. He described to you the conversatiosi in the gar- den ; in the course of which I said, 'By the way, a lady, a friend of mine, is subject to hysterics ; are they dangerous?' He said, Yes.' I said, 'Could they kill a person ? ' He replied, Something near it." What is the best thing for them ? ' I inquired. 'Chloroform,' said he. I asked the quanti- ties. 'Twenty drops in water,' was the reply, or, what be forgot to tell you, 'thirty drops applied externally.' He took his pocket-handkerchief out, rolled it up deliberately, and showed me how to hold -it; -and remarked that

it should be kept at a distance, if iusensibility was not to be produced, for the purpose of admitting atmospheric air. He told me he was in the habit of using a sponge for the purpose. I procured the second 'bottle, fearing the first might be broken. So particular was I about the quantity, that I placed a gutta percha band round a glass, so as to mark precisely the necessary

quantity, fearing that the rolling of the carriage would prevent my dropping it accurately. I applied it to myself, and found that its effect was certainly sedative; but as it gave me a headache and made the aick, I determined that it should be the last remedy on earth I would be tempted to emPlay."- In passing sentence, Mr. Justice Dill dwelt with the utmost severity on the enormity, and, happily, now the rarity of the crime ; declared that he could find no mitigating circumstances ; and sentenced the prisoner "to be imprisoned for two years, and kept to hard labour during that period."

The accomplices will be tried at the next Assizes.

It is astonishing, but true, that many ‘ respectable" persons in Clonmel, even persons on the panel, excused the conduct of Carden They were in- dignant at the "persecution" of the Government; they were indignant at lASS Arbuthnot, saying that "aherwas too .goati .for her."—the,daughter of an army-clothier ! The lower classes repeated this expression, end arriaag the women of Clonmel the feeling as in favour of Arr. Carden ad against Miss Arbuthnot. The Tipperary Amazons were enraged that -"such a fine

man should be put out of the way fur the like of her.". .

At the Kilkenny Assizes, also before Mr, Justice Ball, the trial.of another important case, exciting great interest, comaninced on Tuesche3v It wara suit instituted by Mr. Pierce Butler, the nephew of the late Colonel Butler, to recover certain estates from Lord Mouutgarret, the alleged illegitimate son of the late Henry Butler. Several members of the Butler family of both sexes were present in court. In opening the case, the AttorneysGeneral told a most remarkable and romantic story. . Edmund Butler, the son of the eighth Lord Mountgraret, had four sons. The eldest, Edmund, was created Earl of.Kilkenny ; the second was Somer- set, the third Henry, the fourth was the late Colonel Butler. The Earl of Kilkenny was a lunatic, and had no issue ; Somerset bad no issue ; and if Henry had no legitimate issue, the estates would belong -to the issue Of Colonel Butler. It was therefore necessary to give the history of Henry Butler, because the defendant, Lord 3Iountgarret, claimed to be his legiti- mate heir. In 1794, Henry Butler, a man of great personal attractions, se- duced Mrs. Barrington, fled with her to the-Continent, spent his fortune, be- came addicted to play, and deserted Mrs. -Barringtan, who died abroad in great misery. For some years there was no fraCe of his career ; but In 1808 he was at Brighton. At the mune time; a Mrs. Colebrook, widow of a Colonel Colebrook—" one of the most fascinating women that ever lived," and pos- sessed of 1500/. R year in jointure, to be forfeited in wee she married again—came to Brighton. She met Henry Butler ; a connexion ensued ; a child was born ; and to avoid Scandal, they buried themselves in the soli- tude of London, attended by a faithful servant named Sarah Stride. The child died ; another was coining ; and the pair proceeded to Edinburgh, there to be privately married. But before this could be accomplished, a young Irishman named Talk& supplanted Butler, and in his absence supplied his place. In 1811, Butler returned one day to Edinburgh ; and Taaffe being in Mrs. Colebrook's bedroom, the servant was ordered to keep Butler out of the house. Butler, however, stormed his way in ; and Mrs. Colebrook, locking Tim& in her room, intercepted Butler on the stairs, and taking him to another apartment, summoned witnesses, and espoused him according to Scotch usage. For come time they lived as man and wife ; but want of money driving Butler out of the way, Tea& reappeared; and Mrs. Colebrook, knowing Butler could cause her jointure to be taken away, fled on board a smack with Tait& to Berwick, in disguise, and lived with him near Whitby. Meanwhile, Butler went to Harrowgate ; formed an intimacy with a Miss Harrison; and married her there, in the pariah-church. That lady is now alive, and Lord Mountgarret couli have the advantage of his own mother's testimony. In the mean time, Taaffe, against the wish of his father, married Mrs. Colebrook ; but subsequently, finding that she had actually been mar- ried to Butler, he went away to Italy, and never returned. Mrs. Colebrook fell into great poverty, and entered a suit against 'Agfa to force him to main- tain her as his wile; but Taaffe's father met the suit by Showing that she bad been previously married to Butler so the action failed. Somerset Butler died in 1826, Henry in 1843, the Butler; of Kilkenny in 1846, when the title of the plaintiff accrued. He did not then assert it for want of means, and he had not been able to do so until now.

The Attorney-General read letters from the brothers Somerset and Henry Butler himself, to show that he bad married Mrs. Colebrook. Evidence was also given to the same effect by Mr. Patrick Costelloe, and Sarah amide, now Mrs. Blake. The proceedings were adjourned.