The Kirwan case : illustrating the danger of conviction on circumstantial evidence, and the necessity of granting new trials in criminal cases.

Date:: 1853

Credit: The Kirwan case : illustrating the danger of conviction on circumstantial evidence, and the necessity of granting new trials in criminal cases. Source: Wellcome Collection.

Provider: This material has been provided by The Royal College of Surgeons of England. The original may be consulted at The Royal College of Surgeons of England.

115/122 (page 113)

$ment, intituled an Act for the more effectual abolition of Oaths and Affirmations, taken and made in various departments of the State, and to substitute Declarations in lieu thereof, and for the more en- tire suppression of voluntary and extra-judicial Oaths and Affidavits, and other provisions for the abolition of unnecessary Oaths. ARTHUR KELLY. iMade and subscribed before me this 16th day of Dec. 1852. Richard Bourke, B Divisional Office of Police, College-street. No. XIII. TYE, THO]MAS HARRISON, SEN. and THO:\'IAS HARRI- SON, JUN., both of Bishop-street, Dublin, do solemnly and sin- cerely declare as follow:—I, Thomas Harrison, Senior, Solicitor, do for myself declare that I am imcle of the deceased, Sarah Maria Kirwan, the wife of William Bourke IHrwan of Merrion-street, in said city, Ai-tist; and I, Thomas Harrison, Jun. of same place, At- tomey-at-Law, do hkewise declare that I was the cousin-german of the above-named Sarah Maria Kirwan, and we. Declarants, do solemnly and sincerely declare as follows, that by reason of both the Declarants’ relationship with the said deceased, and by reason of the fact that deceased very frequently visited the Declarants' family, with whom the deceased was on terms of affectionate and con- stant intercourse ; and furthermore, as Declarants were several times present at various conversations had by the said deceased to and Avith the Declarants, and other members of her family assembled thereat, these Declarants had opportunities of hearing, and did hear, the said deceased complain and oftentimes express in conversation that she fdt dizziness of sight, confusion of ideas; and Declarants were informed that a short time before said Sarah Maria Kirwan went to Howth, that she had an attack, which it ivas stated, and which Decla- rants verily believe to be the fact, was occasioned hy a flow of blood to her {decewsedls) head. These Declarants further say, that the said deceawd always spoke in the kindest manner of the conduct pursued towards her by her said husband, and always appeared in the full and affluent enjoyment of comfort and respectability; and that she, the said Sarah Maria Kinvan, was in the habit of paying the workmen em- ployed in repairing the house in Merrion-street. These Declarants say that the facts abovementioned can be affirmed by the mother of the said deceased, and that she stated she could and would affiim the same if necessary; and We make this solemn Declaration, con- scientiously believing the same to be true, and by virtue of the pro- visions of an Act made and passed in the Session of Parliament of tlie fifth and sixth years of the reign of his late Majesty King Wil- liam the Fourth, intituled, “An Act to repeal an Act of the present Session of Parliament, intituled. An Act for the more effectual$