Point of law

A conviction for murder took place under very uncommon circumstances, at the last commission of Oyer and Terminer, in Dublin.

Four, fellows went out with an avowed intention to rob; they met with a jaunting car, which they commanded to stop: on the driver alighting, he was recognized by the gang as an old acquaintance and friend, and while a general greeting was going on, a pistol in the hand of one of the party went off, and killed one of his companions; upon which another of them exclaimed with a curse, that he had often warned him, (the person in whose hand the pistol was) that it would do mischief some time or other, as it was apt to go off at half cock.

Upon this evidence, the jury, according to the old principle of law, which makes a homicide committed in the prosecution of a felony, murder, found the prisoners guilty, and they were sentenced to be executed on Thursday last (9th.)

His Grace the Lord Lieutenant, on reading a newspaper report of the trial, was so struck with the singularity of the case, that he sent for Chief Justice Downes, with whom he communicated on the subject. The men were for the present respited, and the Chief Justice on Thursday last laid the matter before the other judges, who determined, that as it was probable that, upon recognizing their friend, the intention of the party to commit robbery had ceased, the subsequent accidental homicide could not be said to amount to murder.