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An Account of the Trial of Neale Molloy, Efq; and his Wife, for the supposed ill Ufage of their Daughter, by affaulting and sounding with an Intent to deftroy ber; and for imprisoning her, and keeping her without the Neceffaries of Life during ten Years; and upon another Indictment, for abandoning and expofing her, bound with Cords, on the zorb of January, 1762, with an Intent that fhe fhould perish.

IN

N fupport of this indictment, the counsel for the profecutors examined many witneffes, whofe names and teftimony are in fubftance as follows:

Eleanor Campbell depofed, That about seven and twenty years ago the was employed to nurse a female child of Mrs. Molloy's, who had a mole under her right-breaft, and a mark refembling a trout on the out-fide of her right-thigh; that fhe was hired for this fervice nine months before Mrs. Molloy was brought to bed; that the nurfed the child two years, the greatest part of the time at her own house; that the child being then removed to Carduff, the vifited there; and that when she was feven years old, fhe faw her at her mother's in Chancery-lane, it being four years and eight months after she had latt feen her; and that, obferving the mother to use her with great cruelty, the requested to have her home, and offered to maintain the child at her own expence; after which, she was never permitted to see her: that hearing a young perfon had been found in Rofs-lane, and fent to the Dublin hofpital for Incurables, fhe went thither, and found that this person was the fame Sally MolJoy whom she had nurfed, and described her marks, which, upon fearch, were found. The girl who had been sent to the hofpital was then brought into court, and placed

in a chair on a table, and this witnefs fwore, directly and pofitively, that he was the faine Sally Molloy whom he had nurfed, and feen ill-treated by her mother. She was then afked, whether he thought this perfon to be 25 years old? She answered, Yes—and more: being asked whether he did not believe this perfon to be an idot from her birth? She answered, No. — A young lady, faid by the defendants to be their daughter, was then prodiced; and the witnefs being askel, whether he had ever feen her before? Answered, she had not.This young lady was then removed out of court, but ordered to remain within call.

Arabella Mara depofed, That the lived with the defendants fix weeks as a fervant, in 1752; that they had one fon and one daughter; that he had been in the house three or four days when she first faw the daughter, who then came down into the kitchen, and, catching up fome turnep-parings, eat them ravenously; that the next time she faw her was fome days afterwards, and then he was locked in her mother's clofet, and begged, for God's fake, to have fomething to eat, thrust to her under the door; that he was then greatly emaciated for want of food, and her hands and face over-grown with hair; that the afterwards heard her crying for food, and put fome under the

door

door of the clofet to her; that her mother going with the witness to get fome fugar, the child followed, and taking up a little of the fugar in her fingers, her mother took the fugar-mailet and knocked her on the head; that the blow gave her a wound, which bled and left a fcar; and that the difcovered the fear, fo left, upon the head of the girl in the hofpital; which by that token, as well as by the features of her face, the knew to be Sally Molloy; and believed her to be fix or feven and twenty years old. She was asked if Sally Molloy was able to converfe? She answered, She was: She was then asked if the girl in the hofpital had spoken to her? and he answered, No. She then, by order of the Court, addreffed herself to the poor object on the table, who took no notice of what the faid, nor of any thing that paffed yet this witnefs fwore politively, again and again, that fhe was the fame Sally Molloy whom she had feen at her father's.

had caught on the top of the house, and the maid bid him not, for that the fhould eat it alive feathers and all: that the girl from the hofpital then before him was the fame perfon, and that he recollected her features perfeâly. Being afked, whether the perfon he faw in the clofet was covered with hair? He anfwered, that he had down, or fhort hair upon her cheeks: being afked, whether the girl before him had any fuch hair? he said he could not tell without a glass; a glass was then given him, and he was compelled to acknowledge that the girl had no fuch hair, and that he believed the never had, yet he again peremptorily fwore, that she was the fame perfon he had feen in Mrs. Molloy's clofet; and being urged with the inconfiftency, contradicted what he had afferted juft before, and faid, he believed the girl might have had hair on her cheeks.

William Walth depofed, That he was a flater; that being fent for in October, 1752, to examine the roof of Mr. Molloy's houfe, he fent up his labourer, Patrick Hog, on the out-fide of the houfe by a ladder; that Hog having ftaid above fome time to catch fparrows, came at laft down haftily in a great fright, and said he had feen a fairy in the clofet; that the witness then went up the ladder himself, as high as the clofet window, which he found open, and looked in; that he there faw the young lady at the diftance of about two yards, who had the appearance of a skeleton, and had afked the labourer to give her one of the young arrows he

Christopher Eaton depofed, That he was a carpenter; that in July 1750, he was at work in Mr. Molloy's houfe with one Strong, another carpenter, and Slack, a painter; that the girl, then before him, came into the dining-room, and afked, "for the mercy of God, that if any of them had a bit in their pockets, they would give it her, for that he was famished :" That he made an appearance fo fhocking, that he doubted whether he was a living creature or an apparition; that he asked her who the was, and he replied, "I am Mr. Molloy's daughter, but my mother hath taken an averfion to me?" that the painter then took bread and meat out of his pocket, and the girl fnatched at it, and tore and

gnawed

gnawed it eagerly; that fhe begged her mother might not be told, becaufe fhe would ufe her ill, and entreated they would continue to give her victuals while they ftaid; that he was in a fhort gown, and that her neck and hands, as far as he could fee, were covered with whitif down, or hair.-Being or dered to look on the girl in the chair, and asked whether the is the fame he saw fed at Mr. Molloy's, he answered," to the best of my belief the is."

James Gardiner depofed, That in 1751 and 1752, he was fervant to counsellor Gregory, who lived next door to Mr. Molloy; and that he heard Sally Molloy, his daughter, calling out of the window," for the tender mercy of God, fome food!" That he asked her how it might be conveyed, and fhe defired it might be given to the fervants, who would leave it at the neceflary houfe; for that, when her mother would let her go down thither, the fhould get it; that he did fupply her by this method, and the thanked him, begging more kitchenftuff, fkins of potatoes, or any thing; that by her appearance fhe was in a starving condition, and he believes the girl on the table to be the fame perfon: he alfo poft tively fwore, that when he asked this girl questions in the hofpital, the answered him: but being direćted to repeat the experiment in Court, the poor creature took not the leaft notice.

This witnefs alfo depofed, That his master, Mr. Gregory, Mrs. Gregory, and Mr. Smyth, came once into the garden, and heard the girl cry out for victuals; that this was in 1752, and that he then

made affidavit of the fact before Mr. Serjeant Malone: upon which the counsel for the crown obferved, that this charge took its rife long before the girl, then in court, appeared in the hofpital; and that, whether the girl in the hofpital is Sally Molloy, or not, is not material, if the affault and ill treatment ara proved; for the defendants are equally guilty, whether the perfon injured was, or was not, afterwards taken to an hofpital.

Mary Nary depofed, That in 1751 and 1752, fhe kept Mr. Gregory's houfe at Dublin, when the family was in the country; that he often faw and converfed with Sally Molloy from Mrs. Molloy's clofet-window, and that the appeared to be ftarving for want of food; that he begged earnestly for fomething to eat, and that the witnes fupplied her with victuals by means of a ftring and a pole; that the witnefs afked her if the could fay the Lord's Prayer, and the girl, tho' then 16 years old, feemed not to know the meaning of the question. This witnefs pofitively fwore, that the girl on the table was Mifs Molloy.

Dr. King (a phyfician) depofed, That he was called upon, in 1753, to enquire into the ftate and condition of Mifs Sally Molloy, and that he went with his father, and Mr. Serjeant Malone, to Mr. Molloy's houfe, where he faw the young lady; that he was decently cląd, but very thin and pale, and could not perfectly repeat the Lord's Prayer: but that he had no down on her face he aifo depofed, that, in his opinion, the girl on the table was a different perfon.

Mr. Woodroffe (a furgeon) de

pofed,

pofed, That he believed the girl on

the table to have been an idiot from her birth.

The counfel for the defendants allowed that this idiot was found in Rofs-lane.

Margaret Gillroy depofed, That fhe lived with Mr. Molloy three months, about ten years ago; that he had one fon and one daughter; that she did not fee the daughter till fhe had been in the house a week, and then the faw her at the closetwindow from the yard, and heard her complaints; that he was in a poor condition, and covered with hair; that he saw her ftruck by her mother with a bunch of keys, which broke her head; and that The believed the girl on the table to be the fame person.

Here the counsel for the crown refted their evidence.

The defendants then called many witneffes of credit to difprove the charge, whose names and teftimony are as follow:

Margaret Smyth (fifter of the Jate Dr. Sheridan) depofed, That fhe had known the girl on the table fourteen years; that she was the daughter of one Clarke, an apothecary, at Baliborough; that the was then in her 15th year, and had been an ideot from her infancy; and that her father had been dead about three years, and that she was fent up to Dublin in a crecl.

Thomas Crosby, Efq; depofed to the fame effect; and that he recommended the girl to the hof pital.

John Cormick, a shopkeeper, depofed, That he knew the girl to be Clarke's daughter, and to have had fits.

Luke Leily depofed to the fame effect, and that the girl received wound in her head from a fall. Henry Hunter depofed to the fame effect.

Jocelyne Philips depofed, That he was church-warden of St. James's parish, and in that station first saw the girl on the table, who was left in the care of one Eleanor Bradfhaw, by Dr. Tisdale, and that he paid for her fubfiftence nineteen weeks.

Dr. Dunkin depofed, That the young lady produced by the defendants, as their daughter, had been always reputed and maintained as fuch, having known the family twenty years, and feen her, during that time, very frequently; but that he was fickly, and therefore did not come fo often into company as he would otherwife have done.

The Rev. Mr. Rofs depofed to the fame effect; and that Mifs Molloy was well treated.

Dr. Charles Cloughan depofed to the same effect; and that he attended Mifs Molloy for a fcald head; for which it became necessary to diet her, and give her phyfick.

Mrs. Anne Darey deposed, That the knew Mifs Molloy, and had known her from her birth; that the young lady produced by the defendants, as their daughter, was fhe; that in 1752 he had a

A creel is the fame as our fish-folks use to carry fish on horseback. If only one perfon is to travel this way, the oppofite pannier is balanced with ftones, as was the cafe with this girl; how the came bound in Rofs-lane does not appear in this trial.

fcald

scald-head, but was well treated. Mrs. Bridget Macaulay depofed to the fame effect.

Mrs. Sarah Archbold alfo depofed to the fame effect; and that, in 1752, Mifs Molloy, the perfon produced by the defendants as their daughter, had a fore head, and fore toes, with an offenfive discharge, but had no mark under her breaft, or on her thigh.

The defendants offered their daughter to be examined by the counsel for the crown, but they declined it; they also offered to prove, that the child had been well used, by the evidence of fervants who had lived in their family; but the Court thought it unneceffary.

Mr. Juftice Robinson then opened to the Jury the substance of the indictments, and fummed up the evidence; obferving that, if they laid the evidence of Eleanor Campbell, Arabella Mara, and Mary Nary afide, whofe evidence, upon the fuppofition that the poor ideot produced on the table was not the daughter, must be abfolutely falfe; the stroke on the head with the keys, proved by Margaret Gilleroy, being an inftrument improper for correction, is an affault, in ftrictness of the law, by the mother: the circumftances also of confinement, and hard treatment with respect to food, in 1752, are fworn by Walsh, Eaton, Gardiner, and Gilleroy and if you believe them, you ought to find the mother guilty of the affault and confinement, as charged in 1752, though you acquit her of the rest of the indictments. But in fettling your opinions upon this point, you are to weigh, against this evidence, the accounts given by Dr. Dunkin, Mr. Rofs, Dr. Cloughan, Mrs. February, 1763.

:

Darcy, Mrs. M'Aulay, and Mrs. Archbold, of the general treatment of Sarah Molloy, by her mother, and in the family; and to confider how far it takes off from the evidence of Walsh, Eaton, Gardiner, and Gilleroy. You are alfo to take into confideration the exceptions that lie against any of these witneffes, and to give them their due weight. And here it may be very material, to keep in mind the difference in age between the ideot girl from the hofpital, and Miss Molloy; and their extreme unlikeness in features and complection! Circumftances that should seem to exclude any poffibility of ever mistaking one for the other.

:

The ufual evidence in assaults is the oath of the party injured, who is generally the profecutor: but here the profecutor is a stranger to the young gentlewoman, and to her family and if you believe the perfon, produced in court as Sarah Molloy, to be really fo, then it appears to you, that the party alledged to be injured, is forth-coming, of age and capacity to be examined on oath; and that the profecutor declines examining her.

Upon the whole, there is no evidence against the father; so that he must be acquitted.

The Jury then withdrew, and, in lefs than a quarter of an hour, returned with their verdicts, that both the defendants were not guilty.

The verdicts being recorded, the Counsel for the Defendants moved to have copies of the examinations of Eleanor Campbell, Arabella Mara, and Mary Nary, in order to their being indicted for perjury. Which motion the Court granted.

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