Thomas Dwyer deposed that he saw William Ahearn the night in question; remembers the time he was struck at the cross of Grenane; William Donovan, the prisoner, Tom Collopy and witness were together in Tipperary; they left the town together; they met some people at the cross; witness passed the men on the road, and looked back to see if Collopy was coming on, and saw William Donovan , the prisoner, strike the deceased with a stone, which knocked him down; and when down he struck him another blow; shouted for Donovan and ran away; witness and two more persons brought the deceased into the house of man named Dwyer; he was dead, he never spoke a word after he got the blow; the prisoner is the man who struck the blow; he came behind deceased at the time he struck him; did not hear of any quarrel between deceased and the prisoner; never saw the deceased before that day; did not see Collopy at the time deceased was struck; it was not Collopy struck the blow; is positive it was the prisoner.

Cross-examined by Mr Rolleston—Came out of gaol now; is not in custody for this murder; on his oath does not know what he was taken for; was taken on the 6th of Sept, the day Ahearn was killed; witness took off his small clothes after Ahearn was murdered, and left them at the house to be dried, as they were wet; was arrested the night of the murder in the house were he was in the habit of working.

To a juror—The prisoner struck the second blow when the deceased was down.

Mary Ahearn—Was in the town of Tipperary on the 6th of September; left the town with her husband; William Donovan and Thomas Dwyer, the last witness, had some variance on the road with deceased; Rody Murphy bid her husband take up the stones and witness bid him not; her husband asked her to take off his coat, and she would not; witness had some things in her apron, which she had bought in Tipperary, and while she just looked if she had dropped any of them, her husband ran about 20 or 30 perches before her, and when she came up to him he was lying dead on the road; she shook him, and called him, but he was as dead as he is now; there was no one near him on the road; Dwyer, Donovan and Rody Murphy, and deceased, had the argument; her husband had a cut on each side of his head; just as her husband went on before her on the road, Rody Murphy went into Mr. Mansergh's grove.

To the Jury—saw Dwyer in the house where they took the deceased to; witness tried to hold Dwyer as she heard some of the people blame him and Donovan, for striking her husband, and Dwyer caught her and threw her down and then made away; Dwyer did not then say it was Donovan struck the blow.