physiognomy and mode of giving evidence, one would be led to say that he was a man of considerable penetration and cleverness. The questions put to him by his own counsel he answered with great clearness, and in a calm, unwavering, quiet manner, without any trace of strong excitement or feelings deeply roused. Sometimes a slight contemptuous smile accompanied his denials of opposing evidence, and once or twice he even seemed to treat points merrily. His general bearing, however, was serious without any excessive display of anxiety or much apparent admixture of cant. Yet at certain portions of his examination, without losing his self-possession, he became more animated. His dark sunken eyes flashed fire as he listened and replied to the questions put. This was particularly the case when he was cross-examined by Sir Alexander Cockburn on the more material points of the libel, and especially when he was confronted by the Italian women who have sworn that he debauched them. The effect produced by these meetings was quite dramatic; the poor women eyeing their alleged seducer with half timid, yet steady glances, while he, his face overcome for the moment with a slight pallor, turned upon them looks that seemed to pierce through them. Dr. Achilli's manner in the witness-box considerably diminished the effect of the sanctimonious expression which his singularly-fashioned wig gives to his face. He is evidently a man of strong passion and uncommon nerve."

Dr. Achilli's evidence comprised a kind of biographical sketch of his ecclesiastical career: his entering the Dominican order at 16 VOL. XCIV.

years of age, in 1819; his various promotions and appointments; his secularization, at his own request, in 1835; his imprisonment in the Inquisition; his coming to England in 1847; his visit to Malta, appointed by the London Committee as Professor in the Protestant College; then his return to England; and finally his marriage to Miss Heley, in 1849, at Rome. He met the evidence of the female witnesses by a direct negative. He never knew Elena Valenti or Giustini. There is no Gentili family that has a country-house at Viterbo. He had known one Rosa de Allesandris (the name of one of the women mentioned in the justificatory plea), but she was older than himself, and a relation of his.

He had never seen Principe or Balisano in the sacristy. Garimoni's wife had only called him to speak to him about her husband's ill-treatment. He had been obliged to remonstrate with Reynolds for drinking too much. The relative situation of their houses is such that you can see into Reynolds's house out of Dr. Achilli's, but not vice versa. The alleged faults of the teachers at Malta were committed while he was away; and he discredited the charges, from knowing the character of the accused. The accusations preferred by the English servants he denied point-blank. Dr. Achilli denied having been charged in the Inquisition with immoral conduct; that tribunal did not take cognizance of such charges. The charges were only of a doctrinal kind. He had submitted himself to the judgment of the Inquisition, but not on any immoral charges; and the statement ascribed to him in a document produced in court was so far C C

false. It may be observed that Dr. Achilli denied all the specific charges point-blank, but he did not do so in respect to general charges. He was at some pains to make it understood that he had taken a vow of obedience, and that chastity is part of the obligation of a priest, but that "a Dominican friar does not take a vow of poverty and chastity." He remained at Viterbo principally until 1838; and during that time" he had no relation with any woman "according to the accusation. Asked if he had such with other women; he replied, "I could answer, No,' but I have the privilege of the Judge not to answer. He used this " privilege" several times.

In reply to Sir Alexander Cockburn, who asked whether Cariboni was a Protestant, Dr. Achilli said

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The greatest part of the Italians are neither Catholics nor Protestants: Cariboni had an antipathy to the Romish Church, but he was not a Protestant. Again being asked whether Cariboni and others, who had gone back to the Roman States, had become Roman Catholics, Dr. Achilli said "No, nor Protestants; but negatives." Asked whether he had performed mass after he believed it to be an imposture; he said, rapidly, that the same charge might be brought against all reformers. He had not had his heart touched: conversion depended more on the heart than on the mind.

Mrs. Achilli was examined, and made statements as to the misconduct of her servants in England.

On Thursday, Sir Alexander Cockburn addressed the Jury for the defendant Newman, and the Attorney-General spoke for the prosecutor Achilli. Their addresses were both very skilful. Sir Alexander Cockburn rested much on the balance of probable motives in the opposing evidence: theartless" women have no motive to come from Italy to perjure themselves; whereas Achilli, with all his future in this country, depending upon his being purged of the charges at all price, had the strongest of motives for the evidence he gave.

In reply, Sir Frederick Thesiger rested upon the character and balance of the evidence.

Lord Chief Justice Campbell summed up with great care, reading over the evidence with passing remarks, on the value of the evidence; he accepted the abstract of the proceedings before the Inquisition; but showed that it was not a copy of the judgment, or of the pleadings, only a note of some person's opinion of the result of the pleadings, with extracts from the judgment; he thought that judgment most probably referred to heresy rather than immorality; and he viewed Dr. Achilli's declining to answer general questions in regard to chastity as a point which perhaps strengthened his evidence on the specific charges, since he might easily have made a sweeping denial. The Chief Justice explained as to the two pleas, that the Jury must find for the Crown on the one of " not guilty," if they considered that the libel, whether true or false, had been

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published; but that on the justification they must consider the whole of the plea and each of its 23 allegations separately; and he handed to them the copy of the plea in justification with this direction Now, that document contains, as I am informed, a correct copy of the allegations of the plea what I direct you to do is attentively to consider these, to bear in mind the evidence for and against, and to tell me when you return whether you find any of them proved, or all of them; and then I will direct how the verdict on that is to be given. I have done my duty to the best of my ability, and I am sure now you will do yours."

The Jury retired, and remained absent for two hours. They then found a verdict of guilty as to the first plea (publication and libel); as to the justification, they found the 19th plea only proved. The Lord Chief Justice directed the verdict on the ground of justification to be also entered for the Crown.

A new trial was subsequently granted in this remarkable case, on the ground that the verdict was against the weight of the evidence; but the matter went no further.

COMMISSION COURT,

DUBLIN. December 9, 1852. CASE OF MR. KIRWAN. William Bourke Kirwan, aged 45, was indicted for the murder of his wife Sarah Maria Louisa Kirwan, on the 6th September last.

The mystery in which this case was involved-the silence in which the death of the unhappy lady was in the first instance passed overthe gradual awakening of suspicion -the discovery of motives pointing

to a violent solution-and the final uncertainty in which the whole affair remained balanced-gave to this case an universal interest. It is difficult in a case of circumstantial evidence, where the inferences are to be drawn from facts stated by prejudiced or insufficient observers, and where the judgment of the juror must be guided in some degree by the manner of the witnesses, to give an abstract which shall present the same aspect as the case at length.

The statement of the counsel for the Crown was to the following effect, that the prisoner had been married to the deceased for twelve years, but had no family; during the whole of that period, however, the prisoner had lived with another woman, by whom he had a large family of children. The prisoner, during the greater part of each day, was occupied in his profession as an artist, as an anatomical draughtsman, or in colouring maps for a respectable gentleman residing in this city; but the greater part of his time was spent with Teresa Kenny, the woman to whom he had alluded, and although he had been twelve years the husband of Maria Kirwan, and had eight children during that period of time by Teresa Kenny, neither Maria Kirwan nor Teresa Kenny had the slightest idea that he was attached to another person. Mrs. Kirwan believed that she was the sole possessor of his affections, and the same belief was entertained by Teresa Kenny - the thing was so well managed that it was not until within the last six months that either of these knew there was another person who had a claim upon his attentions. However, at that time such a discovery did actually take place.

The ordinary abode of Mr. Kirwan was Upper Merrion Street; but in the month of June last he and his wife, Maria Kirwan, took a lodging at Howth for the advantages of bathing and fresh air. He employed himself in sketching the interesting scenery of the locality, and they were to have remained there until the 7th of September. The jury were well acquainted with a little island in the vicinity of Howth called "Ireland's Eye." This island the prisoner and his wife had frequently visited; and on Monday, the day of the murder, they proceeded to Howth Harbour at ten o'clock in order to cross over to the island, having with them a basket, a carpet-bag, two bottles, and a sketch-book. They were landed on the island, and the boat immediately afterwards returned to Howth Harbour. Two parties were landed on the island the same day, who saw Mr. Kirwan; but they quitted the spot before four o'clock, and at that hour it was clear that no persons remained on the island except Mr. Kirwan and his wife, Maria Kirwan. It had been arranged that a boat should come to take them back at eight o'clock. A person of the name of Hugh Campbell, who was leaning on the harbour wall at Howth, saw the boat in question (which belonged to a man named Nangle) leave the harbour and go to the island at the hour of eight o'clock. But before that a matter of considerable importance attracted the attention of Campbell. About an hour or so before the boat went over he heard a loud cry coming from the island, which was more than once repeated. Other persons on the shore and some men in a boat which was passing by the island also heard cries about the

same time. It was necessary that the jury should be well acquainted with the scene of the murder; and a large map had been accordingly prepared. The island lay directly opposite the harbour at Howth, the nearest point to the latter being a place called "Broad Patch," situate at the extreme east end of the island. Slanting to the west from this place were two strands, one of which was considerably longer than the other-that at the extreme west end leading towards the remains of a martello tower, and being one of the points at which boats usually landed, and which was the place at which Mr. and Mrs. Kirwan were deposited on the 6th of September last. Upon a flat ground, between the tower and the "Black Patch," were the ruins of an old church, and at the back of the “Black Patch," at a part of the island which was out of view from Howth Harbour, was a place called the

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Long Hole," into which the tide came, and which was always filled with water when it was fully in. But when the tide was completely out, the " Long Hole" was left altogether dry. Now the cries of which he had spoken, according to the witnesses who would be produced before them, came from the direction of "Long Hole," and it would be made apparent to the satisfaction of the jury that cries coming from that part of the island could be heard at the various places where the different persons who heard them were stationed that evening. At eight o'clock the boat left the harbour at Howth, with four boatmen. When they reached the island it was dark. The boatmen called out to Mr. Kirwan, and at first were unable to see him, but after a short time