Cavan Herald
Published in Cavan, county Cavan
August 2, 1825
CIRCUIT INTELLIGENCE,
ANTRIM ASSIZES--JULY 27
At nine o'clock the Hon. Baron M'CLELLAND entered the Crown Court; after which the following Gentlemen were sworn on the Grand Jury:--
Hon. John O'NEILL, M.P., Foreman; Edmund M'DONALD, James LESLIE, Richard DOBBS, James Stuart MOORE, John MONTGOMORY, Sampson MOORE, Edmund M'GILDOWNEY, Alexander M'NIELLE, T. L. STEWART, John M'CANCE, William TRAIL, William CLARKE, John ARMSTRONG, William MILLER, Charles M'GILDOWNEY, Samuel ALLEN, Mariot DALWAY, and Nicholas de la Cherois CROMELIN, Esqrs.--George HUTCHINSON, Esq., Sheriff.
The usual number of Gentlemen (twenty one) which forms the Grand Jury of the County, could not be made up, in consequence of many of the Gentlemen of the County being summonsed specially as jurors and witnesses in the case of O'HARA v. O'HARA....
ROSCOMMON ASSIZES
SINGULAR TRIAL FOR ABDUCTION
Three soldiers of the name of O'CONNOR (a serjeant) GANLY and GLYNN, were indicted for carrying off an interesting young female of the name of Jane MATTHEWS with intent that O'CONNOR should marry her. The force used was very considerable, and her resistance great. She was taken from Athlone to Ballinasloe.--The character and conduct of the young woman were extremely good; and what aggravated the violence was, that she also liked O'CONNOR, and was attached to another. The case was rendered singular by this, that her father and mother were favourable to the views of the prisoner, urged him in taking her off, and appeared as witnesses against their daughter in his defence. The Jury reprobated their conduct, and Baron SMITH concurred in the censure of it, more particularly with regard to the mother. The Jury found guilty, but recommended. So did the Grand Jury; and the Judge promised to forward both recommendations. The prisoners obtained a good character, and this and the encouragement given by the parents, and that fact that no violation of the person of the girl took place caused the Juries to recommend.
At Kildare Assizes, Thomas GING, and J. HUTCHISOD, were tried and acquitted, for maliciously setting fire to the house of William DOWLING, Esq., C.C. of Police, at Churchtown. An alibi was proved for the defence, and the prisoners were acquitted.
ENNIS ASSIZES--JULY 19
CASE OF CONNOR HOGAN AS PRINCIPAL AND BRIDGET M'NAMARA AS ACCESSARY (sic).--The extraordinary novel case came on this morning before the Hon. Baron PENNEFATHER. The prisoner HOGAN, was indicted for that he on the 21st of October last, at Kilclohane, in the county of Clare, did violate the person of Margaret M'NAMARA, and the female prisoner, Bridget M'NAMARA, was indicted for aiding and assisting in the commission of this outrage.
There was a great deal of novelty attached to this case. The principal HOGAN, was charged as the principal in the outrage, in the commission of which five others, three women and one man, were concerned as aiding and assisting. Four of those two of the women and two, were found guilty at the lst Assizes, and sentenced to be hanged, but subsequently respited, the women declaring they were then with child, and to decide upon which a jury of matrons were sworn, who declared in the affirmative. The case to-day was the trial of the principal, and one of the women. The Court was unusually crowded, and after some persons were sworn to give evidence before the Grand Jury, the panel was called over. Those persons returned first on the Panel, by the High Sheriff, had frequently served the Grand Jury Baron PENNEFATHER complemented the Sheriff for returning such respectable Gentlemen on the Panel; it was their first duty to be in attendance, they owed it to their country; and he assured them in every instance their recognizances should be estreated.
The High Sheriff said he felt happy that his conduct was approved of by his Lordship.
We may say that a more extraordinary case never came before a court of justice. At the last Assizes, four persons were found guilty for assisting in the commission of the crime with which HOGAN was charged, upon what was considered by the Court and Jury, the clearest and most satisfactory evidence, and yet the same evidence given now against the principal, was overthrown in such a manner, as to occasion his acquittal by the Jury, without any hesitation, and equally to the satisfaction of the Court.
The prisoner, Bridget M'NAMARA, was defended by Mr. WOULFE, and Connor HOGAN, by Mr. FREEMAN, Mr. DAVERON, Agent. Mr. BENNET appeared for the prosecution, Mr. M'GREENE, Agent.
The following are the convictions which took place at the above Assizes:--Michael M'INERHENY and Patrick MOYLON, guilty of manslaughter, to be transported for life; William BURKE and Mathias MALONE, for manslaughter, to be transported nine months; Roger M'NAMARA, cow-stealing, William DEVIT, pig stealing, John LINAKEY, sheep stealing, John PIERSE, robbery of 6l, John BARRY, alias O'BRIEN, picking pockets, and Mary MADDEN, larceny, to be transported seven years; John JOYCE, concealing £12 10s which had been stolen, to be imprisoned 13 months; Michael O'BRIEN, Michael BOYLE, and James REILLY, rioting and assaulting Margaret M'NAMARA, the prosecutrix, in the rape at Ennis, to be imprisoned twelve months; Honora WHELAN, larceny, pleaded guilty, to be imprisoned six months; Bridget MEEHAN, larceny, to be imprisoned four months from the time of committal; Kitty LILLIE, larceny, to be imprisoned three months; Michael BURKE, illicit distillation, to be imprisoned six months; Thomas M'INERHENY, ditto, to be imprisoned one fortnight; William BUTLER, Hugh CUNNEEN, Michael BURNS, Patrick MOLONY, Luke O'NEILL, and Pat O'BRIEN, illicit distillation to be imprisoned one months each.
MAYO ASSIZES
CASTLEBAR, JULY 28--This day about three o'clock, the Hon. Judge VANDELEUR arrived in this town. He immediately proceeded to the County Court, where the following Grand Jury were sworn:--
The Right Hon. Denis BROWNE, Foreman,
Lord BINGHAM, Sir Neal O'DONNELL, Bart., Samuel O'MALLEY, Bart., James BROWNE, M.P., Dominick BROWNE, M.P., James CAFFE, M.P., Martin KIRWAN, George JACKSON, John KNOX, Ansley KNOX, jun.., Denis BINGHAM, Dominick BROWN, Thomas Spencer LINDSEY, Thomas ORME, George ORMSBY, Henry F. LYNCH, Arthur KNOX, J.F. STRICKLAND, Robert ORME, E.G. BELL, Thomas PALMER, and James CUFF, Esqrs.
QUEEN'S COUNTY ASSIZES
The KING v. James WHITE, Esq.--This unfortunate Gentleman (to whom allusion is made in our Circuit Intelligence, in another page, as being ordered to be sent to the Richmond Lunatic Asylum) stood charged with the wilful murder of _____ HOGAN, on the 13th of May last, by shooting him through the body. On coming to the bar, he bowed respectfully in the Court, and saluted several persons whom he recognised among the crowd.--He appeared very pale and emaciated, and there was a wild and restless expression in his eyes, as they glanced from one side to the other of the crowded Court, indicating the nature and seat of the malady which had produced such a visible alternation in his person.
The Clerk of the Crown was proceeding to read the indictment, when Sir Jonas GREENE stood up on the part of the prosecution, and addressed the Court:--A rumour, he said, was very prevalent, that the unfortunate Gentleman at the bar was insane. The course prescribed by a recent Act of Parliament was, that in such a case no trial should be had, without a previous investigation of the state of the prisoner's mind. Such is the beneficence of the British law, which presumes every man to be innocent until a Jury shall have pronounced the contrary, that it will not suffer a man's life to be put in peril by arraigning him upon a capital charge, if he shall appear to be in a frame of mind which renders him incapable of defending himself, or advising with counsel upon the means of doing so. He therefore submitted to the Court, whether it were not the better course to send an issue to the Jury, in the first instance, to try whether the prisoner was at present of sound mind, and then, should they decide in the affirmative, to proceed to trial.
The proposal was acceded to by the prisoner's Counsel, and a respectable Jury was impannelled to try the issue.
Dr. John JACOB, Inspector and Medical Attendant of the County Prison, deposed to his having known the prisoner upwards of thirty years; saw him before he was put into confinement...He declined, in deference to the Court, to state publicly the actions by which the prisoner manifested the deranged state of his mind;...Witness observed symptoms of insanity in the prisoner twelve months ago; he then attended him in a rheumatic fever, and there has been a viable alteration in his manner ever since.--Dr. JACOB was twice in the course of this examination so much affected as not to be able to proceed. The above evidence was corroborated by Dr. James SMITH. Drs. DOXEY and DUNNE, who had visited the prisoner on the part of the Crown, also concurred in the opinion of the first witness.
The Jury immediately returned a verdict, that "the prisoner, James WHITE, is at present of unsound mind." He is there now at the disposal of the Lord Lieutenant, until he shall be in a fit state of mind to take his trial for the supposed murder.
KING'S COUNTY ASSIZES
The King's County Assizes commenced on Thursday last, before the Lord Chief Baron and Lord NORBURY. The following is the Grand Jury:--Colonel BERNARD, Lord OXMANTOWN, Hardress LLOYD, Andrew ARMSTRONG, George MINCHIN, Wm. P. VAUGHAN, Henry P. L'ESTRANGE, Garrett O'MOORE, Colonel Thos DROUGHT, Guy ATKINSON, Wm. FRENCH, Thomas Ryder PEPPER, Valentine BENNETT, Abraham FULLER, John H. DROUGHT, Mansel ANDREWS, Sir Wm. COX, George MARSH, Croker WRIGHT, John O'BRIEN, Standford PALMER, John TIBEAUDO, and Simpson HACKETT, Esqrs.--Lord TULLAMORE, High Sheriff.
At Athy Assizes, Hugh M'COURT, a school-master, was sentenced to two years imprisonment for assaulting an infant with a criminal intent.
At Wexford Assizes, John Nixon NUNN, Esq., a Magistrate was awarded £500 damages to be paid by Mr. WYSE, a Member of the Catholic Association.--Similar actions are to be brought by Hugh H. FARMER, and Richard GRIFFIN, Esqrs., against Mr. WYSE at this Assizes.
A verdict was returned in the case of Hedges EYRE, against Mr. HOWARD, for defendant. -- Mr. POUNDEN was sentenced to a week's imprisonment and a fine of £50 for assaulting Mr. AIKENS, and two men were ordered to be hanged for robbing Mr. S. ELLEY.
The "Nise Prius" trial between Henry HOGG, Plaintiff, and Sir Robert KING, Defendant, for Defamation, came on to be tried at Carrick-on-Shannon, before the Hon. Baron SMITH, when a verdict was found for the Plaintiff; Forty Shillings damages, with costs.
A free pardon has been granted to Jas., Susan, and Margaret M'NAMARA, and Andrew Conyngam, charged at Ennis Assizes, as accessaries in the outrage upon the person of Bridget M'NAMARA.
There are 63 prisoners for trial in the County of Galway and ten in the town...
Carlow Assizes terminated on Tuesday, and exhibited an instance of horrid barbarity, perhaps unexampled. Mary BRENAN, an unnatural wretch, was convicted of the murder of her illegitimate child, which, it appeared in evidence, she threw to a pig, by which it was devoured ! Michael COSGRAVE was convicted of sheep-stealing. There was but one record case, Lessee, BALL and wife v. BRADLEY and COOKE, an ejectment on the title to part of the Lands of Knockroe--Verdict for Plaintiffs.
COURT OF CHANCERY--LATE ELOPEMENT--On the motion of Mr. WHITE, his Lordship was pleased to confirm the Master's Report on the Marriage in Scotland, between the Hon. Denis Arthur BINGHAM, a minor, and Miss Maria PERSSE, of Roxborough, in the County of Galway; and his Lordship was also pleased to order that the parties should again go through the ceremony, which accordingly took place on Saturday last, the 23d inst., in St. Anne's Church. The minor has been allowed an annuity of £2,000 per annum until his minority shall have ceased, and thus the proceedings of Dowager Lady Clanmorris, have proved completely abortive.
County Cavan Newspaper Transcription Project
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