a rule made by your lordship, that they should not examine any witness that came into court before they were called. Mr. Nelson. My lord, I sent for her to have her ready, thinking the cross-examination of Redmond would not hold long, and she is but just come. Eleanor Murphy sworn. Mr. Callaghan. Did you know lord and lady Altham?-Eleanor Murphy. Yes. Pray, were you ever at Dunmaine?--Yes. Did you live there as a servant ?--I did. With whom there ?-With lord and lady Altham. Can you tell whether my lady was with child at any time, or when ?---I know she was delivered of a child. How do you know that?---Because I seen her the night she was delivered. Give an account of all you know of that matter.Mrs. Heath called me up, and desired me to bring up a sauce-pan of water, and have it warmed. Court. Do you know that Mrs. Heath ?---I cannot tell. What was she?---She was my lady's woman, waiting-maid. came down to the hall and told among the servants, he was called James Annesley. Jury. That was his christian name?—Yes, James Annesley was his christian name. Mr. Callaghan. What name was he christened by ?He was christened James Annesley. Do you mean that he was christened James or James Annesley ?---James Anpesley. Was that his christian name only, or his christian and sirname ?---That was the christian name and sirname and all, and they said it. Court. What was he called when he was christened ?-James Annesley he was called indeed. Was he christened James Annesley?—He was christened James Annesley. at Mr. Callaghan. Did you see the child after How often, once or twice ?---Several times, with Mrs. Heath a-dressing of him, when he would be seut for; and there never was a woman loved a child better than she did James Annesley. Mr. Le Hunte. The jury want to know if he was christened James Annesley ?---Eleanor Murphy, He was christened James Annesley. Jury. How do you know that?-This was what I heard Mrs. Heath tell to all the servants in the hall. Mr. Callaghan. Pray, how long did you continue after this christening at Dunmaine? Well, go on.---I brought up the water in the saucepan, and set it upon the big parlour fire. Mrs. Heath called me a little while after to bring it up to the room in a brown pan, and I---A good while. went to my lady's room with it, where my lady was upon her knees, and she put her finger in it to see whether it was too hot or cold; and she teamed some brandy in it to strengthen the water, as I suppose, to wash the child. Mr. Callaghan. Where was Mrs. Heath ?--She was attending my lady. Do you know of what my lady was delivered?--It was a boy, for I saw it washed, and Mrs. Shiels put her hand in her right-hand pocket, and brought out her scissars and cut bis navel-string. Who were present at this birtli ?---There were a great many gentlewomen in the room that I did not know; but I knew one of them, madam Butler from Ross was there. Were there any public rejoicings at Dunmaine on this occasion ?--Yes, the second night after the child was born there was a bonfire alighted by Mr. Taylor's order and Mrs. Heath. Do you remember the christening of this child?I knew the day appointed for it to be christened; about a month or five weeks after there was a great gathering for it of many things. Was it christened?---Doctor Lloyd came there I suppose to christen the child. Who was he?-He was the minister of Ross, Sir; I knew him before and after. Was it Mr. Lloyd that christened it?--It was he that christened the child. What name was given to it ?--Mrs. Heath How long?--I believe a quarter of a year. Where was that child during that time?-He was sent to Joan Landy's out to nurse, she took him with her. Do you remember the time of my lord and lady's parting ?--I was not there then. But do you remember the time ?---I do not remember the time. Was it before or after that, that Joan Landy got the nursing?---She got the nursing the day that he was christened; she came to nurse him the day before. -- Where did you go when you left Dunmaine? I went to Ross, after I left Dunmaine, Did you see the child after?--I never saw the child after, only once that he came to Ross with my lord in the coach. christian name Do you understand what and what a sirname is ?---Yes. What was the child's sirname ?-His sirname is Annesley. And what his christian name?-~His christian name is James. Was Annesley his sirname or christian name when he was christened? It was a sirname, Aunesley. [Cross-examination.] Mr. Spring. Tell me, recollect who were present when the child was born besides you? There were several. Name them--Madam Butler. Who else?--I do not know, it is so long ago, I should have a good head to remember them. Do you remember were any of the servants by?---I reniember some of the servants, Mary Doyle was by. Was Mary Doyle in the room ?---She was in the room, and Mrs. Heath. And who else?---Why, some gentlewomen, I cannot tell who they were. Have not you as good a memory now as a year ago?--I have not. Is not it as good now as last year ?---I do not know but it is. Was not Mary Doyle there and madam Butler?--Yes, they were. Do you remember any more?—I do not remember any more. How long had Mary Doyle been in the service before the birth ?---I cannot tell indeed that. What name did she go by then?-By Mary Doyle. She was not married then?-I never heard she was. Which of you was in the service first ?-I was first. How long, pray?-Why, a good while; I do not remember how long. How long were you there after the child was born?--I was there half a year almost, not half a year. And how long was you there before ?---Near hand a quarter before. What were you in the family ?---I was launary-maid. Were you the head laundry-maid?---No. What was the name of the upper one?—I cannot remember her name. Recollect. It was a strange sort of a name, I cannot recollect it now. How long do you say you lived in the service before the birth ?---Near hand a quarter of a year. And how long after?---About half a year. Where were you at the time of the great eclipse?---I do not know. Do you remember it ?---I do not remember it, but I remember there was great thunder and rain. Do not you remember the great eclipse several years ago?--I do not remember it now, but I remember thunder and rain. How came you to remember last year what you do not remember now?---Why, what did I remember then? Mr. Spring. The eclipse. I ask you, upon your oath, where you were at the time of the eclipse?--I was at captain Butler's at this time of the thunder and rain. Was there any darkness of the sun in the morning at the time of that thunder and rain? --I do not remember it. Were you not a servant at captain Butler's at the time of the eclipse?--I was there when this thunder and rain was, the eclipse was in the evening. By virtue of your oath, do not you remember the great eclipse of the sun?---By the vir tue of my oath, I do not remember any other. Was that thunder before or after the child VOL, XVIII. Were not you a servant at Dunmaine before lady Altham came to Dunmaine?--I was not in it when she came there, it was Mrs. Heath hired me. Court. How long did you live at Dunmaine before my lady came ?---She was there before I went there. How long were you in the service before my lady was brought-to-bed?---Near a quarter of a year. And how long after ?---Half a year. Do you remember the great darkness ?---I do not, my lord. But you were asked whether you remembered it when you were examined on the trial in the Exchequer, and you said you did?-Why, they only asked me then if I remembered the eclipse, and I said I remember that there was such a thing. By virtue of your oath, did you never say that you remembered the eclipse?--I do remember that darkness. What darkness was it?---It was a thunder and rain. Was that while you lived at Dunmaine?--It was after I left Ďunmaine. What time of the day was it?---It was in the evening; in the afternoon. How long did it continue?-The rain held a quarter of an hour. Did you mention any thunder and rain when you were examined before?---I was not asked any, my lord. Do you remember an eclipse that happened about the time of the birth?---I do not remember any but that eclipse that was in the evening, that there was thunder and rain along with it. Mr. Spring. Were you not at Dunmaine House when my lady came down?---No, I was not. Did you ever see her before you saw her at Dunmaine?--No, indeed, I never did. Did she go to Dublin while you were in the service?---Not that I know of. Could she be absent a month or two and you not know of it ?---No, she was not, in my service at all, without she'd go to church. Did not you swear formerly that you were in the house when my lady came first?---Indeed, I did not. Where were you hired?---By Mrs. Heath. Where?--In the parlour at Dunmaine. And you never saw lady Altham before?— Indeed, I never did. Did not you say, when you were examined before, that you had seen her at Ross?---Indeed I did not, without they took me up wrong. Court. Did not you swear upon that trial, that you were in the service a good while before my lady cane down ?---No, upon my word I did not, my lord. I Mr. Spring. Did you not say, that the first time you saw my lady was at captain Butler's before you were a servant at Dunmaine?--Upon my oath, I did not, that I remember. Now, I ask you who were the godfathers and godmother to this child?---Mr. Colclough, Mr. Cliff, and Mrs. Pigot were gossips. What Colclough ?---Of Rossgarland. What was his Christian name?--- Anthony Colclough. Who were the other gossips?---Counsellor Cliff, and madam Pigot of Tyntern. Whose wife was she?--Why, was not she captain Pigot's of Tyntern? I ask you whose wife she was ?---She was called madam Pigot of Tyntern. Was not she captain Pigot's wife?--I cannot tell, but she went by that name. By what name did you pass yourself at that time?---Eleanor Howlett, and my husband's name is Murphy. Do you know one Bridget Howlett ?--Yes. Was she a servant to my lord Altham?--We lived there at the same time. Who was butler then ?--Charles Magher was butler. Did you know one Rolph that was butler?Rolph was not there in my time. Did you know Mrs. Weedon? Was she in the house?-I heard talk of her; she was not in the house because she was under an ill character. Where did she live then?---She was at the bridge below. How near was that to Dunmaine?---To the best of my knowledge near half a mile, 1 cannot tell how long. Do you remember Mrs. Setwright?---I do not remember ber. Who was house-keeper?--I think, Mary Doyle, that had the name of house-keeper. Mary Doyle sworn. Mr. Harding. The next witness we produce is Mary Doyle; she, my lord, is a witness to the birth. Did you know Arthur late lord Altham? Did you know his lady ?--Yes, Sir. How came you to know them?---Because I was their servant, Sir. When were you in their service?---That is a good while ago, it is hard for me to remember it now. How long do you think it is?—I believe, to the best of my knowledge, nine or ten-andthirty years this May next. How long do you say it is?--It is nine-andthirty this May." Recollect, woman, how many years is it since you lived there; is it nine-and-twenty, or thirty, or how many?---It is thirty this May, since you will have it so. During your knowledge of lady Altham was she with child?-She was with child. Was she delivered ?---She was indeed. Where ?--In her own house at Dunmaine, Sir. How do you know that?---I was by, Sir. Who were they?---One Neil Murphy, and Mrs. Heath first, and Eleanor Murphy. Were there any gentlewomen there?-There was madam Butler, and some others I do not know. Was the child christened ?--- He was. Who were the godfathers and godmother? Where did you live before you came to cap---To the best of my knowledge, Mr. Colclough, tain Butler's ?---At Frank White's, in Ross. Mrs. Pigot of Tyntern, and Mr. Cliff from Where did you live after you left lord Al- Ross. tham's?---At no place, I was with my own people. Did you ever live with one Macnamee ?---I did indeed, Did you live with him before or after you left lord Altham's?---That was after I left ford Altham's. Jury. Name the gossips over again; how many were there?--Three. Name them.--Counsellor Cliff, Anthony Colclough from Rossgarland, and Mrs. Pigot of Tyntern. Court. This is a positive witness to the birth, if you can possibly believe, gentlemen, that she is a woman that deserves your credit. Serj. Marshall. I hope your lordship won't make any remarks upon the witnesses till we come to the close; if we are to support the credit of our witnesses, as they appear, we shall never have done. Court. I say, if she be a person of credit; you would not have me say, she is a person of undoubted credit, Were there any rejoicings upon that account?--A great deal, Sir. When and where?---In the house. Tell what rejoicings there were.--There were the best of liquors, and the best of eating and rejoicing every way. Was there a bonfire?---There was. When was that bonfire ?---The night after the child was born. Pray now, what came of that child after?--Indeed I do not know; there was a nurse there that had him, for I left the place a few days after he was christened? What was the nurse's name ?---To the best of my knowledge, her name was Landy. How long did you stay after the christening? Court. Did you see my lady delivered ?~Indeed I did, I was an eye-witness to it, for I was in the room all along. Are you sure whether Mrs. Heath was in the room or not?--Indeed she was from the first to the last. [Cross-examination.] Mr. Spring. You say Joan Landy was the nurse?--Yes, Sir. Was she married or a single woman?---I heard by every body in the house that she was married. To whom?---To one Mac Cormack. Were they living together at that time in their own house?-1 do not know whether they were or not. Where did they live then?--They lived in the town. At what time was this birth and christening? ---It was in the month of May. The latter end or the beginning of May ?--The latter end of May. Court. How long was it between the birth and the christening?--Between three and four weeks or thereabouts. there?---Thirty years this May since I lived there. Were you married when you lived there ?---I was five years before that a married woman. Where did you live before you came to Ravilly?--In the county of Wexford. Where there?--I forgot the name of the place. Recollect where you lived before you lived at Ravilly ?-At Harrolstown. How long did you live there?--I cannot remember. Where did you live before you lived at Har- Where did you go when you left Ravilly ?--- Was it both born and christened in May ?-house with me at Ravilly. Were you there at the christening, or did you leave the service before it ?-It was after the christening I left the house. What was your service?—A chamber-maid, my lord. Mr. Spring. How long were you in that service before this child was born?-Just three months. How long before this were you acquainted with Joan Landy ?-Never till I seen her there. Do you know whether she had a child or not? By whom?-I do not know by whom. What is he to you?--He is my husband's nephew. How long did you live at Low Grange?-I lived six years there. How long at Ravilly?-Six years. And it was the year that I went to Ravilly that I was at Dunmaine, for my husband and I parted. Where did your husband and you part?-We parted there. Where?---At Harrolstown. When were you brought to-bed of your son? -The Lord knows. Were you in service before you went to Dunmaine ?--I was, in the county of Wexford and county of Wicklow. Where?--At one Osborne's. How long did you live there ?--I was a twelvemonth there. Was that before or after you were married? Were there any more but them?-Indeed I-Before I was married. do not know, for my part I do not remember them. How long before that had you known Eleanor Murphy? I never seen her till I saw her there. What was her name then?-Eleanor Howlett. Had you ever any children?—I ought to have one boy. How old is he?-He is thirty years of age, but I had a son before that time. Which was in the service first, you or Nelly Murphy?-She was in the house before me, and after to the best of my knowledge. What is your son's name?-Edward Cosker. How many husbands have you had?—I never married but one man. How come you to go by the name of Doyle?-Mary Doyle is my own maiden pame. Where do you live now?--I live now at the fort of Duncannon. How old do you say your son is ?---I say he is thirty years old next May. Where was he born ?---1 cannot remember. Do you know Robert Cosker?--I do know bim. Court. What is the tendency of this examination? Mr. Spring. This examination tends to prove, that she was a married woman, and lived with her husband at the time she pretends she was a servant at Dunmaine? Who was cook at Dunmaine ?--I do not know his name. Did you know the house-keeper ?--I do not remember. Do you remember major Fitz-gerald's being at Dunmaine?---There was one Fitz-gerald that lay there one night, and I do not know whether he was a major or a captain; the servants told me he was one out of the county of Carlow, Do you remember Sarab Weedon ?---I never How came you to stile yourself, in an affi-seen Sarah Weedon but once. davit you lately made, Mary Doyle of Ravilly? -Because I lived there. How many years ago is it since you lived Did you know Mrs. Setwright the housekeeper?--I never knew her, I do not know what was her name, Who was the laundress ?--There was Nelly Murphy and another over her, but I do not remember her. Who was butler ?---One Magher. Do you remember Bourk the postillion?-Indeed I do not. How long before you left the service did Dennis Redmond leave it?-He was there before me and after me. How long did you stay there after this birth? ---I stayed after the christening two or three days. Do you remember the great eclipse of the sun?--I do not remember it. Mr. Morton. The next witness will be one Mary Freeman, who will prove to your lordship and the jury, that she saw my lady Al tham at Dunmaine big with child, and saw the child in the care of Joan Laffan; that Mrs. Heath was particularly fond of it, and that she has seen the child with my lady in a coach frequently afterwards. Mary Freeman sworn. Jury. Are you sure that Mrs. Heath was present and saw the child ?--Joan Laffan had the child in her arms in the presence of Mrs. Heath, when I delivered the letter to her. Mr. Morton. At the time you saw this child, then, or any other time, what notice did you see Mrs. Heath take of it ?---Why indeed, Sir, upon my word, I know no more than that I was going to the fair of Ross, and I saw her bring out the child, and she put a bundle of clothes into my lady's coach But I ask you, whether at the time that you saw this child when you went with the letter, and then observed this child in Mrs. Heath's presence, you observed Mrs. Heath to take any notice of it ?---She did take notice of it, partícular notice, and was playing with it; indeed she was. How old was the child then ?---It was about a year and half old, to the best of my knowledge. What sort of a child was it ?--It was a pretty light-headed child. Did Mrs. Heath take notice of it as the Mr. Morton. Did you know the late lady child of a person of consequence?---She did Altham? Mury Freeman. I did, Sir. Where did you first see her ?--In Tyntern, at madam Pigot's. At the time you knew her there, what condition did she appear to be in ?---She appeared to me as a woman in her case, with child. Did she appear big ?---She did indeed, Sir. At what time was this?---To the best of my knowledge, it was a little before Christmas in the year that king George the first came in. Can you recollect whether before or after Christmas --That was the time that esq. Pigot had the bonfire in Tyntern. Was it before or after that bonfire ?---Before the bonfire, for we had it at Michaelmas. Did you ever see my lady afterwards, and where?--I seen her in Dunmaine very often. When you saw her there, did you see any child in and about that house?--I did indeed, upon my word. What child was it?--I seen the child with Joan Laffan tending of it, at the time madam Pigot sent a letter by me there; I seen it mighty well dressed with Joan Laffan in Dunmaine house, at the time of the letter I was sent with to be delivered to my lady Altham. Did you deliver the letter?--I gave it to Mrs. Heath, into her own hands, and she went up stairs with it to my lady, and told me when she came down, that my lady was unwell, and could not give me an answer. Did you see the child at that time?---I did see the child that very instant in the presence of Mrs. Heath. Was Mrs. Heath present?--It was in her presence the minute that I delivered the letter: Joan Laffan was in the kitchen with the child in her arms. What time of the year was this ?--It was about this time of the year, I cannot tell what time. indeed. As the child of whom?---As a gentleman's child. Whose child was it considered to be?---It was considered my lady Altham's and my lord's; as I heard, it was called the young lord, young Jemmy Annesley; any other I cannot tell you. I ask you whether at any time after this, you saw this child in company with lady Altham ?---I did. Where was the next place?--I did not see it after that time, to the best of my knowledge, till I seen him at Ross at madam Butler's. Who did you see him with there?---He was in madam Butler's arms, for he was brought from Dunmaine that very day, and she received the child and carried it up stairs to my lady. Who brought it to Ross ?---I cannot tell. At this time in whose company was it ?-There was nobody but Mrs. Heath that came down stairs. Now I ask you whether the child that you saw after at Ross was the same you saw at Dunmaine?--I cannot tell that, Šir, but the child was there. Was Mrs. Heath present at Butler's ?---She was indeed. Did she at that place take any notice of the child?---I cannot tell you, Sir, it was at the head of the stairs, and I cannot tell that. [Cross-examination.] Mr. Edm. Malone. Do you remember the year that you saw my lady with child?—A. The year king George the first came in. Was she big with child then?-She was. You say it was the year king George came in?-It was the year he came in. Was it not about Christmas you said ?-And was not that the year king George came in. |