signature--that of Dr.
Clarke's, which was one of those lost by the clergyman, and not before
the jury on the 1st September. He (the Lord Chief-Justice) had tried to
read the documents, but in vain--they were of such a scrawling and
scribbling character, but, as he had said, all were incomplete and
utterly worthless except the one which was not properly before the jury.
Then, what was the finding on this inquisition, which should have been
substantially as perfect as an indictment? "That Mary Anne Gaffney came
by her death, and that the mother of this child, Ellen Gaffney, is
guilty of wilful neglect by not supplying the necessary food and care to
sustain the life of this child." Upon what charge could the woman have
been implicated on that vague finding? He (his Lordship) could
understand its being contended that that amounted argumentatively to a
verdict of manslaughter; but the Coroner issued his warrant and sent
this woman to prison as being guilty of murder, and she remained in
custody, as he had already remarked, until discharged by the learned
judge who went the Winter Assizes in December. Upon all of these grounds
they were clearly of opinion that this inquisition should be quashed,
and Mr. Coroner Gowing having had the self-possession to come there to
show cause against the conditional order, under such circumstances, must
bear the costs of that argument.
Mr. Fred. Moorhead, who, instructed by Mr. O'Kearney Whyte, appeared for
the Coroner, asked whether the Court would require, as was usual when
costs were awarded against a magistrate, an undertaking from the other
side--
The Lord Chief-Justice.--That is not to bring an action against the
Coroner, you mean?
Mr. Moorhead.--Yes, my Lord. I think it is a usual undertaking when
costs are awarded in such a case. I think you ought--
The Lord Chief-Justice.--Well, I don't know that we ought, but we most
certainly will not. (Laughter.)
Mr. David Sherlock, who (instructed by Mr. Archibald W. Disdall)
appeared for Ellen Gaffney.--Rest assured, we certainly will bring an
action.
THE END.
* * * * *
FOOTNOTES:
[1] I have the authority of Mr. Hennessey, "the best living
Irish scholar, and a Kerryman to boot," for this spelling. I am quite
right, he says, in stating that the people there pronounce the names of
Glenbeigh and Rossbeigh as Glenbehy and Rossbehy in three syllables.
"Bethe," pronounced "behy," is the gen
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