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An Account of the Trial of Neale Molloy, E/q; and bis Wife, for the supposed
ill Usage of their Daughter, by asfaulting and wounding with an intent to deAtroy ber; and for imprisoning her, and keeping her wisbout the Neceffaries of Life during ten Years; and upon another Indiament, for abandoning and expofing ber, bound with Cords, on the 20th of January, 1762, with an Intent ibai lhe sbould perill.
N support of this indi&tment, in a chair on a table, and this wit.
examined many witnesses, whose that she was the saine Sally Molloy names and testimony are in sub- whom she had nursed, and seen ftance as follows:
ill-treated by her mother. She was Eleanor Campbell deposed, That then asked, whether the thought about seven and twenty years ago this person to be 25 years old ? She was employed to nurse a female She answered, res--and more : bechild of Mrs. Molloy's, who had a ing asked whether she did not bemole under her right-breast, and a lieve this person to be an idot from mark resembling a trout on the her birth : She answered, No.-A out-side of her right-thigh; that young lady, said by the defendants She was hired for this service nine to be their daughter, was then promonths before Mrs. Molloy was diced ; and the witness being askbrought to bed ; that he nursed es, whether he had ever seen her the child two years, the greatest before ? Answered, she had not. part of the time at her own house ; This young lady was then
removed that the child being then removed out of court, but ordered to remain to Carduff, the visited there ; and within call. that when she was feven years old, Arabella Mara deposed, That the The faw her at her mother's in lived with the defendants fix weeks Chancery-lane, it being four years as a servant, in 1752 ; that they and eight months after she had lait had one son and one daughter; seen her; and that, observing the that she had been in the house three mother to use her with great cruel- or four days when she first saw the ty, she requested to have her home, daughter, who then came down in. and offered to maintain the child to the kitchen, and, catching up at her own expence ; after which, some turnep-parings, eat them raThe was never permitted to see her: venously ; that the next tiine fe that hearing a young person had saw her was some days afterwards, been found in Rofs-lane, and sent and then she was locked in her to the Dublin hospital for Incurables, mother's closet, and begged, for the went thither, and found that God's sake, to have something to this person was the same Sally Mol- eat, thrust to her under the door ; loy whom she had nursed, and de- that Me was then greatly emaciated fcribed her marks, which, upon for want of food, and her hands search, were found. The girl who and face over-grown with hair ; that had been sent to the hospital was the afterwards heard her crying then brought into court, and placed for food, and put some under the door of the closet to her ; that her had caught on the top of the house, mother going with the witness to 'and the maid bid him not, for that get some sugar, the child followed, the should eat it alive feathers and and taking up a little of the sugar all: that the girl from the hospital in her fingers, her mother took then before him was the same perthe fugar-mailet and knocked her on son, and that he recollected her the head; that the blow gave her features perfeâly. Being asked, a wound, which bled and left a whether the person he saw in the scar; and that the discovered the closet was covered with hair! He scar, so left, upon the head of the answered, that she had down, or girl in the hospital; which by that short hair upon her cheeks: being token, as well as by the features of afked, whether the girl before him her face, tie know to be Sally had any such hair? he said he could Molloy; and believed her to be fix not tell without a glass; a glass or feven and twenty years
old. was then given him, and he was She was asked if Sally Molloy was compelled to acknowledge that the able to converse ? She answered, girl had no such hair, and that he she was: She was then asked if the believed the never had, yet he again girl in the hospital had spoken to peremptorily swore, that she was her? and the answered, No. She the same person he had seen in then, by order of the Court, ad- Mrs. Molloy's closet; and being dressed herself to the poor object on urged with the inconsistency, conthe table, who took no notice of tradided what he had asserted just what the said, nor of any thing before, and said, he believed the that passed : yet this witness swore girl might have had hair on her positively, again and again, that cheeks. The was the fame Sally Molloy Christopher Eaton deposed, That whom she had seen at her father's. he was a carpenter ; that in July
William Walih deposed, That he 1750, he was at work in Mr. Molwas a flater; that being sent for in loy's house with one Strong, anOctober, 1752, to examine the other carpenter, and Slack, a pain. roof of Mr. Molloy's house, he sent ter ; that the girl, then before him, up his labourer, Patrick Hog, on came into the dining-room, and the out- side of the house by a lad- asked, “ for the mercy of God, that der ; that Hog having staid above if any of them had a bit in their some time to catch sparrows, came pockets, they would give it her, at last down hastily in a great for that me was familhed :” That fright, and said he had seen a fairy the made an appearance so shockin the closet; that the witness then ing, that he doubted whether me went up the ladder himself, as high was a living creature or ap apparias the clofet window, which he tion; that he asked her who the found open, and looked in ; that was, and lę replied, “I am Mr. he there saw the young lady at the Molloy's daughter, but my clorher distance of about two yards, who hath taken an aversion to me :" had the appearance of a skeleton, that the painter then took bread and had asked the labourer to give and meat out of his pocket, and her one of the young fparrows he the girl suatched at it, and tore and
gnawed gnawed it eagerly; that the begged made affidavit of the fact before her mother might not be told, be- Mr. Serjeant Malone: upon which cause she would use her ill, and the counsel for the crown observed, entreated they would continue to that this charge took its rise long give her victuals while they staid; before the girl, then in court, apthat she was in a short gown, and peared in the hospital ; and that, that her neck and hands, as far as whether the girl in the hospital is he could see, were covered with Sally Molloy, or not, is not material, whitish down, or hair.-Being or if the assault and ill treatment are dered to look on the girl in the proved; for the defendants are chair, and asked whether the is the eqırally guilty, whether the person same he saw fed at Mr. Molloy's, injured was, or was not, afterwards he answered, “ to the best of my taken to an hospital. belief she is.”
Mary Nary deposed, That in James Gardiner deposed, That 1751 and 1752, the kept Mr. in 1751 and 1752, he was servant Gregory's house at Dublin, when to counsellor Gregory, who lived the family was in the country; that next door to Mr. Molloy ;' and that the often saw and conversed with he heard Sally Molloy, his daughter, Sally Molloy from Mrs. Molloy's calling out of the window, “ for closet-window, and that the appearthe tender mercy of God, fome ed to be starving for want of food; food!” That he asked her how it that the begged earnestly for somemight be conveyed, and the desired thing to eat, and that the witness it might be given to the servants, fupplied her with viduals by means who would leave it at the neceffary of a string and a pole; that the house ; for that, when her mother witness asked her if the could say would let her go down thither, the the Lord's Prayer, and the girl, tho? should get it; that he did supply then 16 years old, seemed not to her by this method, and the thank- know the meaning of the question. ed him, begging more kitchen- This witness positively swore, that stuff, skins of potatoes, or any the girl on the table was Miss thing; that by her appearance ne Molloy. was in a starving condition, and Dr. King (a physician) deposed, he believes the girl on the table to That he was called upon, in 1752, be the same person : he also posi- to enquire into the state and contively swore, that when he asked dition of Miss Sally Molloy, and this girl questions in the hospital, that he went with his father, and the answered him: but being direc- Mr. Serjeant Malone, to Mr. Molted to repeat the experiment in loy's house, where he saw the young Court, the poor creature took not lady; that sie was decently clad, the least notice.
but very thin and pale, and could This wittiess also deposed, That not perfectly repeat the Lord's his mafier, Mr. Gregory, Mrs. Prayer: but that she had no down Gregory, and Mr. Smyth, came on her face : he also deposed, that, once into the garden, and heard in his opinion, the girl on the tħe girl cry out for vi&tuals ; that table was a different person. this was la 1752, and that he then Mr. Woodroffe (a furgeon) de
pored, posed, That he believed the girl on John Cormick, a hopkeeper, dethe table to have been an idiot from posed, That he knew the girl to be her birth.
Clarke's daughter, and to have had The counsel for the defendants fits. allowed that this idiot was found in Luke Leily deposed to the fame Ross-lane.
effect, and that the girl received a Margaret Gillroy deposed, That wound in her head from a fall. fhe lived with Mr. Molloy three Henry Hunter deposed to the months, about ten years ago; that fame effect. he had one son and one daughter; Jocelyne Philips deposed, That that she did not see the daughter till he was church-warden of St. James's he had been in the house a week, parish, and in that station first saw and then she saw her at the closet- the girl on the table, who was left window from the yard, and heard in the care of one Eleanor Bradher complaints; that she was in a shaw, by Dr. Tisdale, and that he poor condition, and covered with paid for her fubfiftence nineteen hair ; that she saw her struck by weeks. her mother with a bunch of keys, Dr. Dunkin deposed, That the which broke her head; and that young lady produced by the dethe believed the girl on the table to fendants, as their daughter, had be the same person.
been always reputed and maintainHere the counsel for the crown ed as such, having known the farested their evidence.
mily twenty years, and seen her, The defendants then called many during that time, very frequently ; witnesses of credit to difprove the but that she was sickly, and therecharge, whose names and teftimony fore did not come so often into are as follow :
company as she would otherwise Margaret Smyth (fifter of the have done. Jate Dr. Sheridan) deposed, That The Rev. Mr. Ross deposed to The had known the girl on the the same effect ; and that Mifs table fourteen years ; that she was Molloy was well treated. the daughter of one Clarke, an apo- Dr. Charles Cloughan deposed thecary, at Baliborough ; that she to the same effect ; and that he atwas then in her 15th year, and had tended Miss Molloy for a scald head'; been an ideot from her infancy; for which it became neceffary to diet and that her father had been dead her, and give her phyfick. about three years, and that me Mrs. Anne Darey deposed, That was sent up to Dublin in a creel. she knew Miss Molloy, and had
Thomas Crosby, Esq; deposed to known her from her birth; that the same effect; and that he re- the young lady produced by the commended the girl to the hof- defendants, as their daughter, was pital.
fhe; that in 1752 she had a
• A creel is the same as our filh-folks use to carry fith on horseback. If only one person is to travel this way, the opposite pannier is balanced with stones, as was the case with this girl : how he came bound in Ross-lane does not appear in this
scald-head, but was well treated. Darcy, Mrs. M'Aulay, and Mrs.
Mrs. Bridget Macaulay deposed Archbold, of the general treatment to the same effect.
of Sarah Molloy, by her mother, Mrs. Sarah Archbold also deposed and in the family; and to consider to the same effect ; and that, in how far it takes off from the evi1752, Miss Molloy, the person pro- dence of Walsh, Eaton, Gardiner, duced by the defendants as their and Gilleroy. You are also to take daughter, had a fore head, and fore into consideration the exceptions does, with an offensive discharge, that lie against any of these witbut had no mark under her breast, nesses, and to give them their due or on her thigh.
weight. And here it may be very The defendants offered their material, to keep in mind the diffedaughter to be examined by the rence in age between the ideot girl counsel for the crown, but they de- from the hospital, and Miss Molloy; clined it; they also offered to prove, and their extreme unlikeness in that the child had been well used, features and complection! Circumby the evidence of servants who stances that Mould seem to exclude had lived in their family ; but the any poflibility of ever mistaking one Lourt thought it unnecessary. for the other.
Mr. Justice Robinson then open- The usual evidence in afaults is ed to the Jury the substance of the the oath of the party injured, who indictments, and summed up the is generally the prosecutor: but here evidence ; observing that, if they the prosecutor is a stranger to the laid the evidence of Eleanor Camp- young gentlewoman, and to her bell, Arabella Mara, and Mary family : and if you believe the perNary aside, whose evidence, upon son, produced in court as Sarah the supposition that the poor ideot Molloy, to be really so, then it approduced on the table was not the pears to you, that the party alledgdaughter, must be absolutely false; ed to be injured, is forth-coming, the stroke on the head with the of age and capacity to be examined keys, proved by Margaret Gilleroy, on oath ; and that the prosecutor being an instrument improper for declines examining her. corre&ion, is an assault, in strictness Upon the whole, there is no of the law, by the mother: the evidence against the father ; so that circumstances also of confinement, he must be acquitted. and hard treatment with respect to The Jury then withdrew, and, in food, in 1752, are sworn by Walth, less than a quarter of an hour, reEaton, Gardiner, and Gilleroy: and turned with their verdiets, that if you believe them, you ought to both the defendants were not guilty. find the mother guilty of the afault The verdies being recorded, the and confinement, as charged in 1752, Counsel for the Defendants moved to though you acquit her of the rest bave copies of the examinations of Eleof the indi&tments. But in settling anor Campbell, Arabella Mara, and your opinions upon this point, you Mary Nary, in order to their being ina are to weigh, against this evidence, dieted for perjury. Which motion the the accounts given by Dr. Dunkin, Court granted, Mr. Rols, Dr. Cloughan, Mrs. February, 1763.