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appropriated to witnesses, and turned at once to the Counsel for the Crown in order to narrate his own doings as well as those of his associates in depravity. I have never seen a cooler, more precise, methodical, and consistent witness. He detailed every circumstance to the minutest point, which had happened during a month's time, with a wonderful accuracy. So far from manifesting any anxiety to conceal or to excuse his own guilt, he on the contrary set it forth in the blackest colors. He made himself a prominent actor in the business of blood. The life which he led was as singular as it was atrocious. He spent his time in committing outrages at night, and during the day in exacting homage from the peasantry, whom he had inspired with a deep dread of him. He walked through the county in arms, and compelled every peasant to give him bed and board wherever he appeared. In the caprices of his tyranny, he would make persons who chanced to pass him, kneel down and offer him reverence, while he presented his musket at their heads. Yet he was a favourite with the populace, who pardoned the outrages committed on themselves, on account of his readiness to avenge the affronts or the injuries which they suffered from others. Villain as the fellow was, it was not the reward which tempted him to betray his associates. Though 2000l. had been offered by Government, he gave no information for several months; and when he did give it, it was to save his life, which he had forfeited by a highway robbery, for which he had been arrested. He seemed exceedingly anxious to impress upon the crowd, that though he was a "stag," it was not for gold that he had sold the cause. Life itself was the only bribe that could move his honour, and even the temptation which the instinctive passion for existence held out to him, was for a long while resisted. Mr. Hatchell cross-examined this formidable attestator with extraordinary skill and dexterity, but he was still unable to shake his evi
dence. It was perfectly consistent and compact, smooth and round, without any point of discrepancy on which the most dexterous practitioner could lay a strong hold. The most unfavourable circumstance to his cross-examiner was his openness and candour. He had an ingenuousness in his atrocity which defied all the ordinary expedients of Counsel. Most informers allege that they are influenced by the pure love of justice to betray their accomplices. This statement goes to shake their credit, because they are manifestly perjured in the declaration. Fitzgerald, however, took a very different course. He disclaimed all interest in the cause of justice, and repeatedly stated that he would not have informed, except to rescue himself from the halter which was fastened round his neck. When he left the table, he impressed every man who heard him with a conviction of, not only his great criminality, but his extraordinary talents, He was followed by another accomplice, of the name of Ryan, who was less remarkable than Fitzgerald, but whose statement was equally consistent, and its parts as adhesive to each other as the more important inform er's. They had been left in separate gaols, and had not had any communication, so that it could not be suggested that their evidence was the result of a comparison of notes, and of a conspiracy against the prisoners. This Ryan also alleged that he had informed merely to save his life. These witnesses were succeeded by several, who deposed to minute incidents which went to corroborate the informers; but notwithstanding that a strong case had been made out by the Crown, still the testimony of some untainted witness to the leading fact was requisite, and the Counsel for the prosecution felt that on Kate Costello the conviction must still depend. She had not taken any parti cipation in the murder. She could not be regarded as a member of the conspiracy; she was a servant in the house of old John Keogh, but not an agent in the business; and if she con
firmed what the witnesses had deposed to, it was obvious that a conviction would ensue; while, upon the other hand, if she was not brought forward, the want of her testimony would produce a directly opposite result. She was called, and a suspense far deeper than the expectation which had preceded the evidence of Fitzgerald was apparent in every face. She did not come, and was again summoned into court. Still Kate Costello did not appear. Repeated requisitions were sent by the Solicitor General, but without effect; at length every one began to conjecture that she would disappoint and foil the Crown, and the friends of the prisoners murmured "that Kate Costello would not turn against her people ;" an obvious feeling of satisfaction pervaded the crowd, and the prisoners exhibited a proportionate solicitude in which hope seemed to predominate. Suddenly, however, the chamber-door communicating with the room where the witnesses were kept was opened, and one of the most extraordinary figures that ever appeared in that strange theatre an Irish court of justice, was produced. A withered, diminutive woman, who was unable to support herself, and whose feet gave way at every step, into which she was impelled by her attendants, was seen entering the court, and tottering towards the table. Her face was covered, and it was impossible, for some time after she had been placed on the table, to trace her features; but her hands, which were as white and clammy as a corpse's, and seemed to have undergone the first process of decomposition, shook and shuddered, and a thrill ran through the whole of her miserable and worn-out frame. A few minutes elapsed before her veil was removed; and when it was, the most ghastly face which I have ever observed was disclosed. Her eyes were quite closed, and the eyelids shrunken as if by the touch of death. The lips were like ashes, and remained open and without movement. Her breathing was scarcely perceptible, and as her head lay on her shoulder, 57 ATHENEUM, VOL. 9, 2d series.
her long black hair fell dishevelled, and added to the general character of disordered horror which was expressed in her demeanour. Now that she was produced, she seemed little calculated to be of any use. Mr. Doherty repeatedly addressed himself to her, and entreated her to answer. She seemed unconscious even of the sound of his voice. At length, however, with the aid of water, which was applied to her mouth, and thrown in repeated aspersions over her face, she was in some degree restored, and was able to breathe a few words. An interval of minutes elapsed between every question and answer. Her voice was so low as to be scarcely audible, and was rather an inarticulate whisper, than the utterance of any connected sentence. She was, with a great deal to do, conducted by the examiner through some of the preliminary incidents, and at last was brought to the scene in the grove where the murderers were assembled. It remained that she should recognise the prisoners. Unless this were done, nothing would have been accomplished. The rod with which culprits are identified was put into her hand, and she was desired to stand up, to turn to the dock, and to declare whether she saw in court, any of the men whom she had seen in the grove on the day of the murder. For a considerable time she could not be got to rise from her seat; and when she did, and stood up after a great effort over herself, before she had turned round, but while the rod was trembling in her hand, another extraordinary incident took place. Walsh, one of the prisoners at the bar, cried out with the most vehement gesture-" O God! you are going to murder me! I'll not stand here to be murdered, for I'm downright murdered, God help me!" This cry, uttered by a man almost frenzied with excitation, drew the attention of the whole Court to the prisoner; and the Judge inquired of him of what he complained. Walsh then stated with more composure, that it was unfair, while there
was nobody in the dock but Lacy and himself, to desire Kate Costello to look at him, for that he was mark ed out to her where he stood. This was a very just observation, and Judge Moore immediately ordered that other prisoners should be brought from the gaol into the dock, and that Walsh should be shown to Kate Costello in the midst of a crowd. The gaol was at a considerable distance, and a good deal of time was consumed in complying with the directions of the Judge. Kate Costello sank down again upon her chair, and in the interval before the arrival of the other prisoners we engaged in conjectures as to the likelihood of Walsh being identified. She had never seen him, except at the grove, and it was possible that she might not remember him. In that event his life was safe. At last the other prisoners were introduced into the dock. The sound of their fetters as they entered the Court, and the grounding of the soldiers' muskets on the pavement, struck me. It was now four o'clock in the morning; the candles were almost wasted to their sockets, and a dim and uncertain light was diffused through the court. Haggardness sat upon the spectators, and yet no weariness or exhaustion appeared. The frightful interest of the scene preserved the mind from fatigue. The dock was crowded with malefactors, and brought as they were in order that guilt of all kinds should be confused and blended, they exhibited a most singular spectacle. This assemblage of human beings laden with chains was, perhaps, more melancholy from the contrast which they presented between their condition and their aspect. Even the pale light which glimmered through the court did not prevent their cheeks from looking ruddy and healthful. They had been awakened in their lonely cells in order to be produced, and, as they were not aware of the object of arraying them together, there was some surprise mixed with fear in their looks. I could not help whispering to myself as I surveyed
them, "what a noble and fine race of men are here, and how much have they to answer for, who, by degrading, have demoralised such a people!" The desire of Walsh having been complied with, the witness was called upon a second time to place the rod upon his head. She rose again, and turned round, holding the fatal index in her hand. There was a deep silence through the court; the face of Walsh exhibited the most intense anxiety, as the eyes of Kate Costello rested upon the place where he stood. She appeared at first not to recognise him, and the rod hung loosely in her hand. I thought, as I saw her eyes traversing the assemblage of malefac tors, that she either did not know him, or would affect not to remember him. At last, however, she raised the rod, and stretched it forth, but, before it was laid on the devoted head, a female voice exclaimed, "Oh, Kate!" This cry, which is sued from the crowd, and was probably the exclamation of some relative of the Keoghs, whose destiny depended on that of Walsh, thrilled the witness to the core. She felt the adjuration in the very recesses of her being. After a shudder, she collected herself again, and advanced again towards the dock. She raised the rod a second time, and having laid it on the head of Walsh, who gave himself up as lost the moment it touched him, she sank back into her chair. The feeling which had filled the heart of every spectator here found a vent, and a deep murmur was heard through the whole court, mingled with sounds of stifled execration from the mass of the people in the background. Lacy also was identified; and here it may be said that the trial closed. Walsh, who, while he entertained any hope, had been almost convulsed with agitation, resumed his original composure. He took no farther interest in the proceeding, except when his landlord gave him a high character for integrity and good conduct; and this commendation he seemed rather to consider as a sort of bequest which he should leave to his kindred, than
oghs had got access to her, and that she had refused to come forward against "her people." It was also rumored that she had entertained an attachment for John Keogh, and although he had wronged her, and she had suffered severe detriment from their criminal connexion, that she loved him still, and would not take his life away. There was, therefore, enough of doubt incidental to the trial of the Keoghs to give it the interest of uncertainty; and, however fatal the omen which the conviction of their brother conspirators held out, still it was supposed that Kate Costello would recoil from her terrible task. The Court was as much crowded as it had been on the first trial, upon the morning on which the two Keoghs were put at the bar. They were more immediate agents in the assassination. It had been in a great measure planned, as well as executed by them; and there was a farther circumstance of aggravation in their having been in habits of intimacy with the deceased. When placed at the bar, their appearance struck every spectator as in strange anomaly with their misdeeds. They both seemed to be farmers of the most respectable class. Patrick, the younger, was perfectly well clad. He had a blue coat and white waistcoat, of the best materials used by the peasantry: a black silk handkerchief was carefully knotted on his neck. He was lower in stature, and of less athletic proportions than his brother John, but had a more determined and resolute physiognomy. He looked alert, quick, and active. The other was of gigantic stature, aud of immense width of shoulder and strength of limb. He rose beyond every man in court, and towered in the dock. His dress was not as neatly arranged as his brother's, and his neck was without covering, which served to exhibit the hugeness of his proportions. He looked in the vigor of powerful manhood. His face was ruddy and blooming, and was quite destitute of all darkness and malevolence of expression. There was
as the means of saving his life. It is unnecessary almost to add, that the prisoners were found guilty.
Kate Costello, whose evidence was of such importance to the Crown, had acted as a species of menial in the house of old John Keogh, but was a near relation of her master. It is not uncommon among the lower orders to introduce some dependent relative into the family, who goes through offices of utility which are quite free from degradation, and is at the same time treated, to a great extent, as an equal. Kate Costello sat down with old Jack Keogh and his sons at their meals, and was accounted one of themselves. The most implicit trust was placed in her; and on one of the assassins observing "that Kate Costello could hang them all," another observed, "that there was no fear of Kate." Nor would Kate ever have betrayed the men who had placed their confidence in her, from any mercenary motives. Fitzgerald had stated that she had been at “the Grove" in the morning of the day on which the murder was committed, and that she could confirm his testimony. She was in consequence arrested, and was told that she should be hanged unless she disclosed the truth. Terror extorted from her the revealments which were turned to such account. When examined as a witness on the trial of Lacy and of Walsh, her agitation did not arise from any regard for them, but from her consciousness that if they were convicted her own relatives and benefactors must share in their fate. The trial of Patrick and John Keogh came on upon Saturday the 5th of April, some days after the conviction of Lacy and of Walsh, who had been executed in the interval. The trial of the Keoghs was postponed at the instance of the prisoners, but it was understood that the Crown had no objection to the delay, as great difficulty was supposed to have arisen in persuading Kate Costello to give completion to the useful work in which she had engaged. It was said that the friends of the Ke
perhaps too much fulness about the lips, and some traces of savageness, as well as of voluptuousness, might have been detected by a minute physiognomist in their exuberance; but the bright blue of his mild and intelligent eyes counterbalanced this evil indication. The aspect of these two young men was greatly calculated to excite interest; but there was another object in court which was even more deserving of attention. On the left hand of his two sons, and just near the youngest of them, sat an old man, whose head was covered with a profusion of grey hairs, and who, although evidently greatly advanced in years, was of a hale and healthful as pect. I did not notice him at first, but in the course of the trial, the glare which his eye gradually acquir ed, and the passing of all color from his cheek, as the fate of his sons grew to certainty, drew my observation, and I learned on inquiry, what I had readily conjectured, that he was the father of the prisoners at the bar. He did not utter a word during the fifteen or sixteen hours that he remained in attendance upon the dreadful scene which was going on before him. The appearance of Kate Costello herself, whom he had fostered, fed, and cherished, scarcely seemed to move him from his terrible tranquillity. She was, as on the former occasion, the pivot of the whole case. The anticipations that she would not give evidence "against her own flesh and blood" were wholly groundless, for on her second exhibition as a witness she enacted her part with much more firmness and determination. She had before kept her eyes almost closed, but she now opened and fixed them upon the Counsel, and exhibited great quickness and shrewdness in their expression, and watched the cross-examination with great wariness and dexterity. I was greatly surprised at this change, and can only refer it to the spirit of determination which her passage of the first difficulty on the former trial had produced. The first step in blood had been taken, and
she trod more firmly in taking the second. Whatever may have been the cause, she certainly exhibited little compunction in bringing her cousins to justice, and laid the rod on the head of her relative and supposed paramour without remorse. At an early hour on Sunday morning the verdict of guilty was brought in. The prisoners at the bar received it without surprise, but turned deadly pale. The change in John Keogh was more manifest, as in the morning of Saturday he stood blooming with health at the bar, and was now as white as a shroud. The Judge told them that as it was the morning of Easter Sunday, (which is commemorative of the resurrection of the dead,) he should not then pronounce sentence upon them. They cried out "A long day, a long day, my lord!" and at the same time begged that their bodies might be given to their father. This prayer was uttered with a sound resembling the wail of an Irish funeral, and accompanied by a most pathetic gesture. They both swung themselves with a sort of os cillation up and down, with their heads thrown back, striking their hands, with the fingers half closed, against their breasts, in the manner which Roman Catholics use in saying "The Confiteor." The reference which they made to their father drew my attention to the miserable old man. Two persons, friends of his, had attended him in court, and when his sons, after having been found guilty, were about to be removed, he was lifted on the table, on which he was with difficulty sustained, and was brought near to the dock. He want ed to embrace John Keogh, and stretched out his arms towards him. The latter, whose manliness now forsook him, leaned over the iron spikes to his full length, got the old man into his bosom, and while his tears ran down his face, pressed him long and closely to his heart. They were at length separated, and the sous were removed to the cells appointed for the condemned. The Judge left the bench, and the court was grada