THE FIELD 
731 
He hod placed himself there for that purpose. I did not see any- 
thing further done. The car proceeded through the gate of lluth- 
ronnn. I did not see what became of Mr. Carden or the tall man. 
I never oncournged the addresses of Mr. Carden. 
Miss Laura Arbuthnot examined by Mr. I'ennofothor. — I know 
Mr. John Carden (identifies him). I saw Mr. Carden pull my 
sister from her seat. He hud her all but her feet out of the car for 
0 few seconds ; when she regained hor position she oppeared to re- 
gain her balance. At the timo I was behind Mr. Carden’s back 
1 saw another man trying to pull my sister out of the car. Mr. 
Carden remained nt the back of the car two or throe minutes after 
my sister had regained her position. I did not during that timo 
see him doing anything. I heard Mr. Carden say to a man, ‘‘Take 
her,” pointing to my sister, ‘“and don't mind the rest. 
him suy more than once, “Como on, boys; ” and that heshould be 
hung for this. _ , _ i 
Eliza Lyndon, examined by the Attorney-Gonernl. — I remember 
the Wednesday beforo the 2nd of July ; I accompanied Miss Arbuth- 
not to church on that day. When returning I met Mr. Carden, 
lie rushed to the ear. I did not see him open the door, but I felt 
his two arms across me, bolding Miss Eleanor Arbuthnot. Sbo was 
above me m the car. I put my arm up to prevent him. He was at 
the time pulling Miss Arbuthnot. After having pushed him for some 
time I gave him a blow in the face with my hand. He bled in tbo 
nose. Mr. Carden lifted me out. 
James Dwyor examined.— I nm coachman to Cuptuin Gough. 
I drove Mrs. Gough and tho Misses Arbuthnot to church on lbe 
find of July iu an open car ; it having rained, l brought a covered 
car for them. I saw Mr. Carden ul tho church. I went to the 
car after Mrs. Gough and Miss Arbuthnot were pulled out, and 
was knocked down. I got some blows of n skullcrackor. There 
was six men besides Smithwick and Magrnth. Ilainsborry was 
there. Ho was tho first man that took hold of the horso’s head. 
Others of tho party, besides the nuu who struck mo, had Bkull- 
crockcrs. Mr. Carden had n whip. 
John Smithwick oxumincd by Mr. Gcorgo, Q.C. — Is shepherd to 
Mr. Gough. Was at mass at Clonmel on Sunday, the 2nd of 
July. Got hack to Rnthronau, about 2 o’clock. Saw Mr. 
Gough’s car come up. Saw Mr. Carden at tho door of 
the °cnr dragging the ladies. Saw a man at his left hand 
side. Saw skullcrackers with five men. Went straight to the 
car. Received blows from the skuUcracker. Saw a man with a 
knife in one hand and a skuUcracker in the other. I retnrnod to 
tho car. Saw Mr. Carden nt it. Tho Misses Arbuthnot were then 
in the enr. Heard Mr. Carden say, *' It is you I want.” I heard 
no niimo. I hit Mr. Carden with his whip. I saw a pistol in Mr. 
Cardoii’8side pocket, and a bolt round his waist. I took up stones 
and used them. I did notstrieke Mr. Carden. Saw Mag-rath struck 
by two men with skullcrnckcys. Saw Mr. Gardon on the step of 
the car. I made towards him. llo retreated, nnd cried out, 
“Murder, boys, why dont you lire?” to Ids own boys ; I was 
cut severely on the head; I did uot sco Mr. Carden get into his 
carriage. 
Mr. Georgo M'Cullagh, sub-inspoetor of constabulary, and some 
othor witnesses having been examined, the case for tbo Crown 
closed, after which— 
Mr. Martley, Q.C., then proceeded to address the jury. No man 
could deny tliore had been n most grievous breach of the peace— a 
gross infraction of tho law. Tho learned gentleman then submitted 
that tho jury Gould not find tho prisoner guilty of tho abduction, 
but only of tbo attempt; and evon the young Indy herself must 
many times since tho occurrence have returnod thanks to God that the 
attempt had been unsuccessful. Tho actual crime of abduction had 
not been efi’eoted, and ullhough it might ho nrgued that tho moral 
guilt was the sumo, the law of England always distinguished be- 
tween the attempt nnd the actual commission of a felony, and it 
could have only occurred to the minds of lawyers to suppose that 
Mr. Carden had succeeded in taking nnd carrying away Miss Ar- 
buthnot. 
Dr. Forsyth, examined by Mr. Shaw. — I reside nt Templemore. 
I nm physician to Mr. Cardon. I saw the two bottles of chloroform 
produced before. I gave them to Mr. Carden. I was in the gar- 
den of my house when Mr. Carden oamo to bco me one day. We 
wero talking of vurious matters, when on passing through my 
surgery, he nsked me the best thing fora lady subject to hysterics ; 
I said chloroform. Ho said he knew a lady subject to them. I 
asked him wero they accompanied by spasms, and he said they 
were. I then said “ Give hor from 10 to 20 drops of chloroform, iu 
a little water." 
Cross-examined by the Attorney-General. — How many drops 
docs one of tho bottles contain? — 180. 
Ton drops at a time wns what you recommended ? — From 10 to 20. 
Then each of the bottles contains from 10 to IS doses ( — Yes. 
You gave tho second bottle? — Yes; when lie saw ono bottle first, 
he said that was a small quantity. 
Do you generally adminster chloroform with a sponge when you 
administer it externally ? — Yes. 
Did you ever see that spongo produced beforo ? — No. 
He told you ho wanted those things for a lady ? — Yos. 
I suppose you know he was not a married man ? — 1 did. 
Oil your oath did ho over consult you beforo ns for an hystorical 
lady ? — I don’t know whether for an hysterical ludy. 
For a lady who required remedies for her nerves? — Yos, for 
opilepsy. 
When? — Two or more years before. 
Hud you the curiosity to ask then who the lady was ?— I did not. 
Is it your habit, os a medical man, to prescribe at second hand 
for ladies when gentlemen consult you in respect of ladies ? — I had 
not the most remote idea. 
I am not asking that. If a man comes in nnd asks what is good 
for an hysterical lady, do you give chloroform? — No. 
Did you ever give it beforo f— I did not. 
Did you ever give it except when it wus to bo administered 
undor your own core ? — I did for pationts I had. 
Wore they not under your own care? — Yos; but I did not 
administer it myself. 
You could give it to a lady herself to take somo drops, or to a 
gentleman to administer to his wife ? — Yes. 
But you never gave it to a gentleman bofore to administer to an 
unknown lady? — Not that I am aware of. I hopo not. 
I would not be surprised if it was givou for a splint for a horse. 
For n splint for a horse ? — Yes. 
Upon your ontli, did youever hear him name Miss Arbuthnot? — 
I did not. 
Tho Attorney-General then proceeded to contend that there had 
been a sullioient removal of Miss E. Arbuthnot from the ear to 
satisfy the not. If she had been taken to Farna Castle it would have 
been an abduotion ; tho same would have been tho case if she were 
only taken to Fethard, nnd so back to tho door of the car. He 
could not see where the lino of distinction was to be drawn. 
Mr. Ju3tico Ball — The case, from its peculiar character, is without 
any precedent. I am called on to give two different directions 
whore the distinction is reduced to the nicety even of a shade, and 
where the difficulties are necessarily great. Now, before I proceod 
to direct tho jury, I would suggest to tho Attorney-General to tell 
tho jury there was a removal sufficient to sntisfy the act, that the 
jury convict the prisoner of felony, nnd that the Court of Criminal 
Appeal bo of opinion tho indictment for the felony is not sustained ; 
tho result will be that Mr. Carden will be set at liberty, and then 
he cannot be tried even for the attempt to commit tho felony. To 
avoid that it might bo bettor to toll the jury there was not a re- 
moval sufficient to constituto.tho felon/, but that thero was an attempt 
to commit a felony. 
The Atlorney-Qcucral said he would assont to the course sug- 
gested. 
Mr. Martley said, ho would also assent to that, and let there be 
a conviotion for the attempt to commit a felony. 
Mr. Juatioo Ball. — Gentlemen of tho jury, upon tho evidence given, 
I hove no hesitation iu tclliDg you the prisoner at the bar is guilty 
of on attempt to commit a felony, and the only question for you is, I still felt iu tho proceedings. A considerable number of folios wero 
do you believe tho ovidenoo or not ? 
Several jurors.— We do. 
Judge Ball. — Thou, let tho issue paper bo sent up. 
The Jury immediately found I ho prisoner Not Guilty of the felony 
for which he wns given iu ohurgo, but Guilty of an attompt to 
commit it. 
[Lord Campbell's Act, 14 nnd 15 of Victoria, chapter 100, en- 
abled the juvy to take this mo lium course. Tho punishment for 
an attempt to commit a felony is two years' imprisonment, and 
tine.] 
The prisoner was then remandod. 
Clonmel, Satubday. — Mr John Cardon and three of his asso- 
ciates, named Henry Atkinson, James Atkinson, ami Patrick Kin- 
nealy, wore this morning plased in tho dock for tho purpose of 
being tried upon an indictment charging them with feloniously 
assaulting John Smithwick, ono of those who had resisted tho 
attempted abduction of Miss Eleanor Arbuthnot. 
The Right Hon, Mr. Justice Bull took his seaton the bench. 
Tho Attorney-General, Mr. Georgo, Q.C., and Mr. John Penny- 
father, appeared for tho prosecution ; Messrs. Martley, Q.O., Rol- 
leston, Q.C., Lynch, Q.C., and Shaw, defended tho prisoners. 
The panel having boon oallod over, nnd tho prisoners being called 
on to plead. 
Mr. Iloilo tson, Q.C., on bolnlf of Mr. Carden, handed in a 
plcu. 
Tho Attorney-General requested timo to consider tho plea, stating 
that ho had never seen such a one beforo. 
In reply to Judge Ball, 
Tho Attorney-General said that tho plea was both autrefois ac- 
quit of the felony, and autrefois oouvict of tho attempt to commit 
felony. 
The Attornoy-Genoral then retired from the court. 
After a considerable delay, 
The Attornoy-Genoral returned into court, and in reference to 
o pica putin by Mr. Carden’s counsel said: Wo simply reply that 
tho _ 
he wns not acquitted. 
Judge.Ball requested to he iuformod of the nature of the plea. 
- Mr. Martley stated that tho pica put in by him was that the in- 
dictment ought not to be further proseouted, boonnso tho felony of 
which Mr. Carden had been acquitted on the previous day, but of 
the attempt to commit which ho had been found guilty, wns one 
nnd the sumo with tho cutting mid wounding of Smithwick. The 
recapitulation wns that the prisoner had not boon lawfully ac - 
quitted of the charge of felony or felonios, specified nnd charged in 
tho present indictment. He might observe that for tho purpose of 
joining issue it was not ucccssury for tho Crown to have put in the 
counter plea. 
Judge Ball : Issno is now joined, and lot a juvy ho ompannoUcd 
to try tho issue between the Crown and John Cardon. 
The jury having been sworn, 
Sir. Martley, said Hint Mr. Carden had been on the preceding 
day indited for a felony; he was put upon Ins trial for the offence 
of feolniously carrying away a young lady with tho intent to marry 
her. Of that felony he wus acquitted upon the ground that 
although he had been guilty of the attempt, ho did not succeed in 
effecting his purpose, nnd having boon found guilty of tlio attempt, 
lie would be visited with consequences highly penal— consequences 
which properly nttached to the offence of winch ho had been 
found fguilty. Notwithstanding what had taken place those 
acting for tho Crown, in the exorcise of their discretion, 
now thought fit to force on another trial for folony. 
Tho Crown did not even proceod against Mr. Carden under the 10th 
Goo. 4, for tho transportable misdemeanour; but tho object was, 
if they could, to inako tho geutleuian at tho bar a felon. They 
would not even proceed under a recent statute, which awarded 4 
years’ penal servitude ; but the indictment was fur felony, and 
twenty-four counts in it rang the changes on it in every possible 
form ngiinst Mr. Carden, anil the four or five other persons who 
were of his party, in order that, if proved guilty, lie might bo sub- 
jected to transportation for life. It was a groat principle ol tho 
British law that no man should be put on his trial a second time for 
what wns substantially the same offence; and, in substance, the 
offence with which Mr. Cardon was now charged was identical with 
the charge upon which ho had already been tried, and on the trial 
he lmd been acquitted of the folony. What was tho common illegal 
object in which Mr. Carden nnd tho other men wero engaged ! 
Tho primary object charged was the abduction of Miss Eleanor 
Arbuthnot, nnd thero was nothing to implicate him in tho 
act of the other persons, escopt tiio circumstance that lie was 
engaged in tho commission of the felonious offence of abduotion. 
Of that felony Jio had been tried and acquitted. 
The indictment tried on the previous day, nnd tho entry in the 
Crown book of the verdict found in relation to it, wero Ikon made 
evidence for the prisoner in this issue. 
John Sinithwiok, examined by Mr. Rolleston, Q.C. : I remember 
tho 2nd of July last. I saw Mias Gough’s car, that day cornu up 
to the gate at llathronaii. I saw Mr. Carden thero. 1 took his 
whip out of his hand. I saw one man at the end of the car on his 
left-hand side. I saw other men besides tho one I have mentioned 
on sovoral parts of the road. One of them struck mo a blow on 
the head. I could not toll how many persons struck mo, or how 
many blows I {rot. The blows wero given with skullcrackers. I 
wus examined here yesterday, and swore that I am hero on a Crown 
summons. I wns examined yesterday as to everything that 
occurred. I remember Mr. Carden calling out “Murder!” and 
running away. It was nfter that I was struck. 
Mr. Laffan, attorney for Mr. Carden, examined : I was in court 
yesterday. I heard the evidence of Miss Arbuthnot, nnd of her 
sister, of Dwyer the coachman — of all the witnesses, in fact, except 
part of the direct testimony of Magrath. Evidence was givou of 
the acts of Ileury aud James Atkinaou on that occasion. It was 
deposod that they had skullcrackers, and used them. Thero was 
an inquiry os to the conduct of the persons said to have been with 
Mr. Carden thero. 
This closed tho evidence in the collateral issue. 
The Attorney-General said he was not without a precedent in 
this onso. Ho had very little doubt that his lordship remembered 
that of a celebrated person called Sam Gray. In the dusk of the 
evening, near his own house, he was walking home when lie met 
three men. Ho was armed, and he tired ot one of them, and shot 
him dead. He tired nt the second and the third, and providentially 
missed them both. He was tried for tho murder of the first, nnd 
every fact and circumstance counected with the case was given m 
evidence. Ho was acquitted of that charge. He was then tried 
for firing at tho other two men, and he was convicted and sentenced. 
The same point was raised in that case that had been ruised in tho 
present one. The law certainly declared that for tho same crime a 
man could not bo twice put in peril. Mr. Carden bud been tried 
on the previous day for abduotion— he could not bo tried for that 
again. He was now charged with having inflicted n grievous 
wound upon a man of the name of Smithwick ; and whether or 
not tho fuels had shown that ho was guilty of another aud a diltor- 
cut offence bad no influence upon the present question. 
After somo discussion, . . . . 
Judge Ball said he had no doubts on the subjeot, and would state 
his view to the jury. . , 
The jury then retired to their room, taking with thorn the fol- 
lowing issue: — “ Whether tho acquittal of the okargo of abduction 
was an aquittol of the felony or felonies in the present indictment, 
viz., the cutting and wounding of John Smithwick, with intent to 
disable, &c.” ,, . ... .. 
After an absence of about an hour, the jury handed down the 
following verdict Wo find that the acquittal of tho charge of 
abduction is notan acquittal of the felony or felonies iu this indict- 
ment." . 
They were then discharged, nnJ tho court adjourned. 
CLONMEL, Monday Evening.— The Right Hon. Mr. Justice Bull 
took his seat ia the Court-house shortly beforo 11 o’clock. The 
attendance m the galleries and elsewhere manifested the interest 
present . 
Tho Attorney-General, Mr. Georgo, Q.C., and Mr. Tennofathcr, 
with Mr. Keinmls, prosecuted. 
Mr. Cnnlon was nut on trial nlono. 
[The indictment has boon already given in substance.] 
l’ho Attornoy-Genoral stated the oaso, and called a great num- 
her of witnesses to sustain tho charge, but ns tho ovidenoo is 
almost wholly similar to that adduced nt tho provious trial, it is 
niuto unnewssarr to roproduoo it hero. The jury pronounced Mr. 
Carden Not Guilty. 
The Clerk of the Crown then informod Mr. Cardon that ho was 
about to be sentenced for tho attempt at abduction, of whioli ho had 
been convicted on Saturday, and ho requested to mike a few ob- 
servations, nfter hearing wliioh. Judge Ball passed sentence, con- 
cluding ns follows:— “ You limy believe it is not without a pong 
that, in the discharge of my duty, 1 foci it essential to pronounce 
upon you tho sentence of the Court, which is— that you he limit - 
SONBU VOtl TWO YEARS, AND KBPS TO UAUD LAllOOK Dt'RINO 
THAT PBtUOU.” 
Tjjo prisoner was then removed. 
Soiuo fresh and curious revolutions in connection with tho nhovo 
ease are mudo by tho Clonmel correspondent of the I'rcanun's Jour- 
nal, who writes as follows : — 
“Mr. Cardon had for somo timo boon Concerting measures for 
offeoling his object, and finally dooidod upon conveying Miss Ar- 
buthnot to Galwny, wliero ho had n stoamor chartered for the imr- 
pose of taking her out to son. Relays of horses wero placed along 
the entire routo from Rnthronnn to Galwny. llo i n tended, imme- 
diately on arriving nt some pre-arranged point off Galway Ray, to 
place his victim on board tho steamer, which, in ordor to avoid ex- 
citing suspicion, was lying off tbo ooast nt somo considerable dis- 
tance from the harbour, nnd it was then his intention to have sailed 
direct for London. I understand that Mr. Carden lias stated since 
his imprisonment to his confidential friends and advisors, that tho 
preparations for his atrocious crimo cost him no less a sum tkun 
0,500?.” 
Meanwkilo tho authorities lmvo lost no time in putting tho sen- 
tence p issod on tho culprit into practical ctfeot. Oil Tuesday ho 
wns oquippod in tho gaol costume, and at once sot to work at 
“hard labour.” 
®ur (0pfi\v(>3ta. 
Tho metropolis begins to give manifest token that our 
London summer season is rapidly drawing to u close. Bel- 
gravia no longer resounds with the noise of carriages bear- 
ing their aristocratic burthens to rout, ball, or assembly. 
Shutters aro close-barred, chandeliers “ bagged,” and pow - 
dor ami plush are scarcely to be mot with. Tho suu-sidu 
and tho moors are now the places of resort of our fashion- 
ables, and such as can leave tho Binoku, bricks, mortar, and 
everlasting din in ever-busy London. Our theatrieul 
managers aro themselves taking tho hint, and, one hy one, 
closing their theatres, packing up their fardels, and hasten- 
ing to get a sniff of the briny, or an originality from Fraiici-. 
Tho little Adelphi has, for one month, closed its portals 
. — though neither heat nor cold, rain nor wind, ever acinus 
to affect it or cause a diminution in tho numbers who 
nightly laugh away tho hours most merrily. Tho theatre 
has been closed in order that it may undergo an entire 
cleansing nnd re-decoration, and our old friend will, early 
in September, come out quite strong, with a m u fare. 
Madame Celc-te, Miss Woolgar, aud Miss Mary Kcelry, 
with Ml*. B. Webster, Mr. Paul Bedford, and Mr Pnrsollo, 
are oft’ to Liverpool, and, on Monday next, will delight tho 
Liverpudlians at tho Theatre Royal, by appearing in soim* 
of their most popular characters. At Liverpool they in- 
tend pitching their tents for a fortnight, at the expiration 
of which timo they will proceed to Birmingham for a 
like period. “Masks and Faces,” “Tartuffe,” “Tho 
Thirst of Gold,” &e., aro among the pieoes whioli will 
be presented during the stay of these inimitable comedians 
in the provinces. 
Buelcstone finds that the bright eyes and twinkling stops 
of tho Nona are drawing him right down crowded 
houses, so that he 1ms not yet sounded the warning note, 
but still goes on merrily as “marriage bells " 
The Olympic closes next week, and Mr. Wigan we think, 
may congratulate himself upon having achieved a very 
great success on his first essaying to become a manager. 
Little Robson has contrived to pull tho management through 
triumphantly ; this riant son of Mornus goes to Dublin and 
thence to Liverpool. 
The Strand will continue its season with several novelties 
which aro now in course of preparation. 
Miss Rornor announces an English version of /> Prophet* 
at the Surrey, for Monday evening. It is said that neither 
pains nor expense have been spared on this Opera; rein in- 
hering the “ Huguenots ” and some othor operas presented 
under this lady’s management, we may safely take hor word 
that the novelty will bo given with every regard to finish 
and effect. 
Gremoknk. — Thames National Hbh-itta. Very ox- 
teusivo preparations are making at tlioso delightful cordons for 
tlio distinguished compauv who have promised their support 
to. and are expected to take a part In the nhovo nutionul en- 
terprise, which is uppoimed to come off on Tuesday, Wednes- 
day, and Thursday, at Putney; the committee having arranged 
with Mr. Simpsoii lor the evening meetings to t.»ke place it 
Cromorne; and for tho distribution of the numerous prizes lliOro 
by the Lord Mayor. We understand tliut tho uggroguto umount 
these prizes very considerably exceeds in value and variety 
those of any former year, being estimated at between .• nnd 
of GOO pounds; and we are happy to find that tho best prizes ui c 
not confined to amateurs on tho Timinn<, but are, in n truly 
British spirit, liberally thrown open to the world, which will 
no doubt induco a competition rarely witnessed, as the prizes 
uro really worth contending for; being £100 for fouronrs, £00 
for pair oars, anil £20 for sculls. The l’luto con-ists of 
appropriate emblematical vases, cups, Stc. ; indeed, tho 
whole of the prizes, including a very benulilul boat, will bo 
exhibited at the gardens during the three day", in u pnihon 
oxprebsly designed and erected for tho occasion, with every 
accommodation for tho Lord Mayor’s retinue, tho commlifce, 
subscriber-, and their ladies. Should tliewcathcrprove propitious 
there is no doubt the praiseworthy efforts of the committ< u 
will be responded fo lu tbo most liberal manner. Hic cups 
were shown on Wednesday last nt “Tho Lilley Club,' and 
elicited the highest admiration. 
The much-talked of Parachute trnlicnme off successfully 
at these gardens on Tuesday Inst. At tho advert. >cd tunc 
seven o’clock, the Royal Cicmorno Balloon was icleascd 
from her moorings, ascending with great rapidity. L 
u course directly over London, prevented he possibility of 
the aeronaut releasing tho parachute within sight 
Gardens, us was intended ; but as soon as «n available space 
appeared, which did not occur till Kmgshu.d wns icnChcd 
the bolt was drawn, inflation immediately took place, and 
the extraordinary resisting power was practically shown by 
a very steady aud perfectly sale descent. 
