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From: "Cathy Joynt Labath" <>
Subject: [IRELAND-OLD-NEWS] !! Connaught Journal; Jan 22, 1824 #2
Date: Sun, 13 Jul 2003 08:42:30 -0500


THE CONNAUGHT JOURNAL
GALWAY, THURSDAY, JANUARY 22, 1824

DUBLIN COMMISSION
John Baker was capitaly indicted for altering and forging a T g Receipt,
with intent to defraud Able Onge, Esq., who was landlord to a house in
Chancery-lane, of which the prisoner was tenant. There were other counts in the
indictment to meet the case in all its hearings.
Mr. M'Kane conducted the prosecution and called Messrs. Brook and Jackson,
who were agents to Mr. Onge; the latter produced the Tax Receipts for which he
gave the prisoner credit in payment of his rent.
Mr. Jackson was cross-examined by Mr. Bethel and admitted that he was an
Attorney as well as Agent to the head landlord, in whose opinion he would wish
to stand well; he also admitted that by an order of the last Commission, the
prisoner was bailed by the Police Magistrates, and that he had full time to have
gone to America or elsewhere, beyond the seas, to avoid the present prosecution.
The next witness was Thomas Mauken, Tax Collector, to those competency
Messrs Bethel and Keating objected.
Mr. M'Kane contended from a variety of authorities, which he quoted from
Russell's collection of modern cases, particularly that Abraham Newland, when
John Landers was cashier to the Bank of England, and whose competency was then
disputed, on the ground of interest, and then mentioned Mr. Bancroft's argument
as Counsel for the Crown, which succeeded with the Court-consisting of Baron
Perrin and Serjeant Adair, who finally admitted Landers' testimony.
Mr. Bethel spoke in reply and said that Mr. M'Kane had argued with his
usual ingenuity in quoting the present case but had forgotten to state the very
able reasoning of the present Baron Garrow, who was Counsel for Lander is not
the witness said Mr. Bethel, deeply interested in the event and success of this
prosecution by swearing to the alteration of this receipt from a smaller to
larger sum! On this question, the language of Lord Mansfield is remarkable-
"Courts of Justice do not sit to weigh what degree of temptation the minds of
men are capable of testing-but to take care that they shall not be exposed to
any temptation whatever", the word more, my Lords- Mr M'Kane forgot to tell you,
that through Landers evidence was received, the prisoner was acquitted...
Mr. Keating followed on the same ??? with all the Law Learning for which he
is distinguished.
The Judges were pleased to admit the testimony reserving the point for
consideration of the Twelve Judges.
The Witness was then sworn who deposed for the alteration of the Receipt
from £8 10s to £7 who underwent a very able cross-examination by Mr. Keating,
which elicited that the Prisoner, who was a Shoemaker, had more than once
repaired Witnesses Boots and Shoes, for which to this hour, he had not paid-One
Shilling. Other tax gatherers were produced, whose testimony, on debate, were
rejected- Witnesses came forward who gave Prisoner a good character, according
to his humble walk of life.
Judge Moore gave a very enlightened and unpartial Charge to the Jury, who
returned a verdict of guilty.
Counsel for the Crown, Thomas M'Kane, Esq-Agent, Mr. Jackson.
For the Prisoner, Isaac Burke Bethel, and Richard Keating, Esqrs.-Agent,
Mr. G. Fitzgerald, 30 North Anne-street.

Cathy Joynt Labath
Ireland Newspaper Abstracts
http://www.newspaperabstracts.com/Ireland/index.html


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