A Magiftrate, upon information, he does not fay from whom-without oath, drags men out of their beds, lodges them in a military guard-houfe where they are left to be difpofed of as the military power thinks proper.

Here the court expreffed fome doubt as to the propriety of proceeding by attachment where it fhould be by information.

Mr. Curran anfwered, that the Magiftrates had difcharged themselves from the greater offence, by denying any knowledge of the tranfactions fubfequent to the committal of the men, The court then faid, it was unneceffary for Mr. Curran to go farther, as they were agreed in their opinion,

try.

the illegality of the proceeding, for upon that it was impoffible for any man to entertain a doubt, but whether attachment was the proper mode of ponifhing them. His doubt arofe from the peculiar enormity of the facts!--Carrying men out of the country, and putting them on board a tender!The peculiar enormity of that, made it doubtful, whether the court should not grant an information, and upon conviction to inflict the punishment. But he said his doubt was fully removed by Mr. Curran, because it was not expressly charged, that the Magiftrates concurred in the act of fending away the men. Therefore, it was unneceflary to give a pofitive opinion, whether if the whole mifchief, which thefe unfortunate men have fuffered was apparent, the court proceed by information or not. But fuppofing the Magiftrates acquitted of that part, there was manifeftly an oppreffive use of the authority committed to them by law, an authority committed to them for the protection of the subject, not for his oppreffion; and wherever fuch abufe was perpetrated, it fell under the fuperintending power of the court. The Magistrates fwearing that they did not act from corrupt motives, might have weight in a doubtful cafe. But where their conduct was so manifeftly against law, that no man could, by poffibility, doubt its illegality, the court could not liften to general fwearing as to purity of intention. The law was fo grojsly violated, and the conduct fo dire&ly oppreffive, that the guilt could not be removed by fuch general fwearing. It was a grofs violation of law, and an oppreffion by an actual exercife of magifterial authority, and as fuch, was a cafe for an attachment.

Lord CLONMEL faid, the court were agreed that the Magiftrates ought to be attached, that they themselves ftated a cafe upon which they fhould be attached. They acknowledged, that they had formed an affociation for the very purpofe of committing illegal acts, and endeavoured to justify themselves from the state of the counBut whether the times be warm or cold, this court feels but one climate, the circumftances of aggravation or extenuation were to be confidered hereafter, when the court were to inflict the punishment. See, faid his Lordship, what the Magiftrates avow- -That in confequence of an affociation of the Magiftracy, they did go, at the dead hour of the night, without any information upon oath, and indeed, they go fo far as to fay, that it was the defpair that thefe perfons could be convicted, if they were tried, that they acted fo that the country was in fuch a state of terror, that they could not get informants in the ufual way, fo that, upon a zuhi per, they go to the cottages of the poor, take perlons out of their Mr. Justice CHAMBERLAIN agreed, that it beds, and hand them over, not to any officer of was a cafe for an attachment. The very act of the law, but to a military guard, without any committing the men was a fufficient foundation fpecific offence even defcribed in the minds of the for the rule. With regard to the aggravated part Magiftrates. They fay, they were perfons of of the charge, the court was not apprifed of what fufpected bad characters; but God forbid that had become of the men, and therefore could not fufpicion thall be deemed to be guilt. It is the tell, whether the offence of the magiftrates was worft fpecies of tyranny. They fay, they have a mere misdemeanor, or not. If the charge against acted from good motives;-but they have acted, the magiftrates was, fending the men out of the colore efficit, againft law, and are therefore fub- country. I should, faid this conftitutional judge, ject to an attachment. His lordship faid, he hesitate at punishing an offence of fuch enormity would take leave of the fubject there, without by attachment. The punishment ought to be inquiring further. The Magiftrates deprived fo fevere as should not be inflicted, but upon the febjects of their liberty, without any informa- verdict of a jury. At present I go upon this, tion--they did not fign a committal of any fort that thefe magiftrates feized men without any it was fuch an abufe of the ordinary power of information upon oath, which is a grofs violation Magiftrates, as the court could not pafs over of the liberty of the fubject, and any punishwithout cenfure. His Lordship then cited feve- ment to be inflicted by this court, is not to be ral cafes, where the court attached Magiftrates made ufe of as an ingredient for any offence for conduct lefs criminal. Here the Magiftrates in fending the men out of the kingdom, if became the executive military of the country!They fcour the country in the dead hour of the night, because the perfons, who whispered information in their cars, could not come, forward. The Magiftrates faid, they acted for the public good-but the public good must be advanced by legal means; and thofe men having acted altogether against law, ought to be attached.

Mr. Juftice DowNES faid he was of the fame opinion. He had forme doubt at first, not as to

any profecution fhall be commenced for that, and I know of no offence more dreadful! If they are guilty, this attachment, or any punishment to follow from it, is not to be confidered as an ingredient in a punishment for fuch an enormous offence. Therefore agree, that where a magiftrate acts again law, to the oppreffion of the fubject, he is punishable by attachment. I think the excufe of the magiftrates is founded upon a great mistake. A magistrate should not

iet

The jury, at near two in the morning, retired for half an hour, and returned their verdict GUILTY-but on account of the youth and in experience of the unfortunate perfon, recommended him to mercy.

25.] Hart was this day tried on fimilar charges to the above, and found guilty.

On the night of the 25th ult, the John of and
for Philadelphia was driven, by ftreis of weather,
Into a narrow channel between Blafquet Iffand
and the main land, about fix miles to the weft of
Dingle Bay, where the came to anchor; the
people on board were entreated by thofe on fhore
to fend their boat for a pilot, which they declin-
ed, thinking themselves fafe, but unfortunately,
it coming to blow a form in the night, they cut
away the mafts, and finding their danger increaf-
ed, they quitted the veffel and took to their
boats, which were overfet within a few yards of
the land, and all hands, feamen and paffengers,

perifhed on the breakers! On the following
morning thirteen of thofe ill-fated men were
driven on shore and were decently interred. The
veffel had come from Germany, bera latterly
from fome port in England, and was bound to St.
Ubes, and thence to Philadelphia.

The vellel held fast till next day by her cable,
and was plundered by the country people, of fe
veral articles of great value; had the haa, re-
mained on board they would have been faved.
The cable being cut by the rocks, this unfortunate
veffel became a mere weck.

Laft Monday being the anniverfary of general Washington's birth, the fame was celebrated by feveral felect parties in the highest festivity in this city, when a number of loyal and patriotic toafts were drank, &c. particularly by the refpectable fociety called the United States, where feveral American gentlemen, now in Dublin, being invited, joined in the conviviality of the

eccafion.

Wednesday night last the post-boy and mailguard conveying his Majefty's mail from Collon to Drogheda, were stopped at Water-under, near Drogheda, by feven men armed with guns and blunderbuffes, who disarmed the guard, knocked down the post-boy, and robbed them of the mail. -A party of the Donegal militia went from Collon in purfuit of the robbers, but were not fortunate enough to come up with them. Thefe villains attacked feveral houfes the fame night, and plundered them of property of various kinds.

BIRTH S.

HE lady of Robert Lloyde, efq. of Shannon

At Newtown Pery, Limerick, the lady of Robert Newenham, efq (fon to fir Edward Newenham) of a fon and heir.-At Lilliput, the lady of John Smithwick, efq. of a fon.

J

MARRIAGES.

AMES RIDDAL, ESQ to Mifs Spear, of Mary Street. Thomas Humphreys, of A1, bour-hill, efq. an eminent army agent, to Mifs Frances Halloran, of Blackall street.-4th inst. Thomas Hicks, efq. to Mifs Barry, eldest daughter of Philip Barry of Kilcarney, efq.-In Athlone, captain Tarleton, of Dillon's Irish Brigade to Mifs Catharine Irvine, of Leabeg, co. Rofcommon.-At Limerick, the rev. John Pref. ton to Mifs Gubbins, daughter of Jofeph Gubbins, efq.-February 9. The right honourab'e lord viscount Powerscourt, to Mifs Brow low, daughter of the late right honourable William Brownlow, of Lurgan, county of Ar magh. At Aughadown, near Skibbereen, George Beamish, of Lake-Mount, efq. to Mifs Evanfon, daughter of Richard Evanfon, of Thornhill, efq.-Thomas Barry, of Leighskrook, county of Meath, efq. to Mifs Evans, youngest daughter of the honourable John Evans, of Mountjoy-Square, and coufin to, the right ho nourable lord Carbery.

DEATHS.

efq. aged 33 years.Alfo, Samuel Crumpe, efq. M. D.-Dr. Crumpe, was author of the celebrated effay on the best means of providing employment for the people, which obtained the prize given by the Royal Irish Academy, for the beft effay on that fubject. (See our Magazine for February and March laft.)At Newtown-Perry, the reverend Richard Lloyde. The reverend Agmondifham Veley Ward, A. M. one of the Junior Fellows of Trinity College, Dublin.-In Gloucester-street, the Rev. Benedict Arthur, of Seaview, county of Dublin, and Curate of St. Thomas's Pa rish, most deservedly lamented. At his house, at Stephen's-Green, the reverend Dr. Charles Enote, dean of Killaloe, and Chantor of Chrift Church, Dublin.-At Exmont, in England, master John Thomas Lloyde, of Rockville, county of Rofcommon.

T Limerick, Robert Holmes, of Newpark,

THE

PROMOTIONS.

HE reverend Dr. Hugh Hamilton, Dean of Armagh, promoted to the Bishopric of Confert, &c. (Dr. Broderick, tranflated.)Richard Manders, efq. elected an alderman of the city of Dublin, (alderman Warren, decealed.)-The right honourable John Wandesford Butler, elected a knight of the shire for the county Kilkenny, in the room of his brother Walter, now eart of Ormond and Offory.-John Staples, efq. elected a knight of the fhure for the county of Antrim, (Hugh Boyde, efq. deceased.)—Thomas Prendergast, efq. elected burgefs in parliament for the borough of Cattleceafed.)

T of a lady Law. baronet

of Edward Ormfby, efq. of a fon, and the
lady of major Buchannan of a daughter.

F

WALKER's

HIBERNIAN MAGAZINE

OR,

Compendium of Entertaining Knowledge,

For MARCH,

Brief Memoirs of Mifs GOUGH; with a

S

her Theatrical Character.

1796.

fbort Critique on

(With an elegant Portrait; engraved from an Original
Miniature Picture.)

As the public in general, especially life, in too great a degree, a very hea

interested for the fuccefs and theatrical ed all her future profpects of affluence
fame of Mifs Gough, who is now
performing at the Private Theatre,
Filhamble-ftreet, any particulars rela-
tive to her fituation, family and educa-
tion, must be acceptable to those who
have tafte to admire and diftinguish ta-
lents and abilities like hers, and who
with to gain information on fo intereft-
ing a subject.

Mifs Gough is defcended from a gentleman's family, long eftablifhed in the county of Limerick, who were poffeffed of a landed property, fufficient to give every reasonable hope, that fhe would have enjoyed a genteel independent fortune. From her earliest years, he was well inftructed, and fhewed an uncommon quicknefs and perception in acquiring the polite languages of Europe, all of which fhe became perfect miftrefs of in a fhort time, and has read, and understands the best authors who have written in them.

History and poetry were her favourite ftudies, and her admiration of Shakespeare, began at fo early a period of her life, that it would fcarcely be credited, were it told, how young the was, when he was able to read and understand that admirable and inimitable genius. Reading and reciting, became her favourite employments, and occupied her mind fo fully, as to prevent her feeling in the early part of Hib. Mag. March, 1796.

or indeed independence, as by the mif-
management and extravagance of the
perfon, whofe duty it was to provide
and affift in establishing and fecuring
her property, the found the whole had
been fold, charged with a very mode-
rate fortune for her, and an annuity
fettled on her father.

With this fhe was contented, and as
fhe had always a genteel and perma-
nent eftablishment at her maternal un-
cle's houfe, who was happy to have
her refide with him, he did not repine
at that lofs of affluence, which she had
been brought up with the expectations
of enjoying: pleafing herfeit with the
idea, that the perfon who had been
the caufe of her lofs of fortune, was
himself provided with a fufficient main-
tenance from the annuity which was
fecured to him, by the humanity and
his eftate.
care of the gentleman who purchased

But the compaffionate and feeling mind, can only be a judge of the aftonifhment and affliction of this amiable daughter, when the was informed about eighteen months ago, that her father had fold the annuity fettled on him, fpent the money, and that his immediate diftrefs called on her for affiftance. This affiftance the determined inftantly thin to give. Her own property was infufBb ficient had the given her all! Some

thing The determined to do, and confulted fome very worthy literary friends, which her own good conduct, and pleafing difpofition had gained her. Thefe friends who were well acquainted with her talents, moft earnestly advised her to purfue as a profeffion, what the bad hitherto only practifed for amufement, and which thewed fuch abilities for the fage, that there was every reafon to hope for fuccefs were the to make the attempt.

At that period, the Private Theatre in Dublin was fo firmly eftablished and fo judiciously conducted, that Mifs Gough was happy to accept a very liberal offer made by the gentleman who has fo eminently fhewn his tafte in for ming, and judgment fince, in conducting that theatre; where the performed feveral times laft winter, and was received with univerfal approbation and applaufe.

As Mifs Gough began her theatrical career in the midft of friends, who were all partial to her, fhe was not enough open to criticifm, which could alone Tender her perfect in a profeffion, that it was her determination to follow, if The found herself to meet the approbation of the public, and which the refolved to gain by every means in her power. For this purpose she went to London, as foon as her engagement was over at the Private Theatre, and determined to ftay there until her next year's engagement commenced, when The intended to return, and join the company where the made her debut. On her arrival in London, fhe was engaged by Mr. Harris to perform at Covent Garden Theatre, until the end of January. Her firft appearance was in Alicia, which the played to Mrs. Pope's Jane Shore. She was received by a crowded audience with uncommon applaufe, and recommended herself fo well to the public, that the played the fame part the week after to a ftill greater houfe; on this occafion the received

NOT E.

For a defcription and engraving of this theatre, and a critique on the performances, fee Magazine for March and April, 1793.

the congratulations of many friends on the great profpect of fuccefs, which opened to her in her profeffional line. She met the criticisms which were paffed on her with a judicious determination to amend the errors and imperfections that were pointed out to her, and to endeavour to correct those faults which muft naturally attach to every new beginner on the stage, and which a long experience with the ufage of the theatre can alone remove.

If we regard Alicia, as originally painted by Rowe, fhe is undoubtedly ftrongly marked with rage, difappointment, and the mingled tints of jealoufy, love, and revenge; but fill the is not the fury which fome actresses have reprefented. Such a conception of the character deftroys pity in the embryo, and fupplies its place by engendering difguft. Here Mifs Gough preferved the nice diftinction of a fenfible mind. Of her affection for Haftings, the never loft fight herfelf, and confequently kept it continually in the view of the audience. Throughout the varied character of Califta, an equal degree of juft difcrimination prevailed. Her performance of Hermione, which was for her own benefit, was an hazardous enterprize for so juvenile a performer. But here we were more than ever impreffed with the idea of her being entitled to rank among the first class of intelligent actreffes.

Mifs Gough's perfon is rather above the middle fize, her limbs well formed and her movements firm and graceful; her countenance the moft expreffive that can be imagined, and her eyes the fineft black with the greatest sweetness; her teeth very fine, and remarkably white. From a ftrong resemblance to Mrs. Siddons, and from having the fame expreffive countenance, it has been faid by fome that the endeavours to imitate that most excellent and inimitable actress; but those who advance that idea, miftake refemblance for imitation, as both thefe performers, study and underftand their authors fo perfectly well, that their own good underftanding and difcriminating judgment are fufficient guides to perfection, and places them both far above imitation.

The