Anglo-Celt
Published in Cavan, county Cavan
March 5
1847
Major CALDWELL and Lieut. Hugh SCOTT (of Galle) with the detachment of the 92d Highlands that have been stationed in Cavan since August last, left this town on Tuesday last for Arvagh. They have been replaced by the Grenadier Company of the same Regiment commanded by Major LOCKHART.
STATE OF THE COUNTRY Several robberies of cattle, sheep, and provisions have taken place during the week, for which we cannot find room. The shop of Miss GALLIGAN, of Crossdoney, was broken into on Monday night last, by some person or persons unknown, and robbed of some tobacco, tea, and two shillings in copper. On the same night, two sheep were stolen off the lands of Mr. NESBITT, of Lismore. These sheep were part of a flock which Mr. NESBITT keeps for the sole use of the destitute poor in the neighbourhood of Crossdoney. Mr. NESBITT, we understand, having been for some time past in the habit of killing two sheep a week for his soup-kitchen, from which eighty families receive sustenance daily.
DARING ROBBERY--About 4 o'clock this morning, the house of Mr. Henry HUMPHRYS, woollen draper, of this town, was broken into by making a hole in the rere (sic) wall thereof, of sufficient dimensions to admit a boy, through which he effected an entrance and removed the bar off the shop door and admitted other members of his party. They then carried off a fire proof metal safe of about 4 cwt. in a rug. The lady residing in the adjoining house having heard the noise which they made in breaking the safe, went out into the street and gave the alarm to constable DOHERTY, who being on protrole, pursued the perpetrators of this daring outrage and discovered a notorious bad character of the name of Hugh MACNALLY, better know by the cognomen of GINTY, who is from Cootehill, hid amongst the laurel trees in Lady Farnham's garden, Wesley-street, a short distance from where the robbery was committed, with his shoes under his arm. He immediately took him into custody. Subsequently another person of the name of James BROWN, who is also a very bad character, one of a gang of pickpockets who have infested this town for some time past, was taken into custody on suspicion of being of the party. The lid of the safe, which was found on the premises,, is broken in pieces and it was the noise which they made in breaking it that alarmed the lady of the adjoining house. It contained £25 in cash and books of account, with other very valuable papers and documents. Had the burglars not been disturbed for a minute or two longer, they would have been enabled to carry off the money, thereby effecting the object they had in view. The prisoners have been committed for further examination.
VALUE OF LANDED PROPERTY IN CAVAN.--The Clonervy estate, the property of R. B. BLACKWOOD, Esq., was put up to auction on Friday last, at the Farnham Arms. The only bidder was Mr. BRADY, of this town, who offered £15,000, not quite fourteen years' purchase, being £7,000 less than was offered by the same bidder last year.
Our readers will perceive by our advertising columns, that Mr. CASS, Surgeon Dentist, has again arrived at the Globe Hotel, in this town, for a few days. Those who value a good set of teeth will find it to their advantage to pay a visit to Mr. CASS. He will be at Gibney's Hotel, Killishandra, on Thursday next.
BIRTHS
On yesterday morning, the 4th inst., in Cavan, the lady of George ROE, Esq., M.D., of a son.
MARRIED
Feb. 25th, George BESTAL, Esq., son of Wm. L. BESTAL, of Temple-Lyon, co. Wicklow, Esq., to Margaret, daughter of Audly CALDWELL, of Castletown, Strabane, Esq.
DIED
Feb. 25, at Lucan, aged 81 years, Louisa, relict of Charles LUCAS, Esq., Castleshane, Monaghan. Feb. 27, at the advanced age of 79 years, 52 of which he was rector of the parish of Kilmore, the Rev. G. H. SCHOMBERG, lineal descendant of the Duke SCHOMBERG.
ASSIZE INTELLIGENCE
CAVAN SPRING ASSIZES - Feb. 27, 1847
CROWN COURT (Before Judge TORRENS)His Lordship took his seat in this court of petit jurors, under the usual penalty, the following were sworn:-- Charles KENNY, foreman; Thomas ACHESON, James BLACK, Robert BROWNLEE, William DANCEY, David HUMPHREYS, Michael KENNY, John LEVINGSTONE, John MATCHETT.
Connor CUMUSKY was indicted for stealing some oats on the 18th of January last, from one Patrick M'CORMICK. Mary M'CORMICK (wife of Patrick) examined--The oats was stolen from her husband on that day; witness swear to it. Prisoner acquitted.
The prisoner in this case presented a most wretched appearance; he was a living specimen of the famine, and when ordered to be discharged seemed to regret very much his change of quarters.
James SMITH (a man about thirty years of ge) was placed at the bar, charged with committing a rape on Anne NAULTY. The prisoner pleaded not guilty. Anne NAULTY examined by Counsellor SMYLEY--Lives at a place called Poles; prisoner also lives at Poles; prisoner is a married man; she (complainant) is also married; remembers the August fair of Cavan; it was on that day the offence complained of was committed; it occurred in prisoner's bed-room; prisoner asked her to milk his cows on that morning, as his wife was from home; she (complainant) did so; prisoner then said he would be obliged if she would make his bed, as he could not sleep the preceding night from its being ill-made; she went to do so, when prisoner followed her into the room, and shut the door; there were none in the house at the time but the two; prisoner said he would ill-use her; she (prosecutrix) made every resistance in her power; she said if he touched her she would hang him for murder; she screamed, and struggled violently; is quite sure of that, as her face and hands were all bloody after the struggle; prisoner completed the crime; was sorry to have to say he did so; she (complainant) is prisoner's god-mother; is also his cousin; her daughter was with her when milking the cows, but had gone a message, and was not then returned; the room is on the ground-floor, with window looking into a lane; no house near; she told her husband immediately after going home; her husband told the priest, the Rev. P. O'REILLY; the priest said it would be a great scandal, and he would write to the bishop about it; not to say anything more of it just then; the priest prevented her prosecuting for five weeks.
Cross-examined by Mr. DOHERTY-- is prisoner's godmother, but not his grandmother; is 55 years of age, or thereabouts; five weeks after the offence, swore informations before a magistrate; not till then, as she was prevented by the clergy; the prisoner was bail for her husband for 3l; swore informations before rather than pay the money one hundred times than swear a false oath; at eight o'clock in the morning the crime was committed; was not in Cavan till three days afterwards; knows Peggy CASSELLS and Peter SMITH; never said to them that she was "quite free" of the prisoner; prisoner's house is a piece of a lane off the public road.
Anne NAULTY, daughter of last witness (a child of ten or eleven years of age)sworn--Remembers the August fair of Cavan; was going to prisoner's house that morning; heard a noise in the house before she got to it, as of some one screaming; ran and knocked at the door; the door was barred; in a few minutes mother opened it; mother's cap was torn; and her face and hands bloody; prisoner was standing inside in the room.
To Mr. DOHERTY--This was between eight and nine o'clock in the morning, did not tell what she saw for four or five weeks; told it in court then; witness was examined on oath; father did not tell her what to say to-day; he only told her to say the truth.
Terence NAULTY, husband of prosecutrix, examined--Recollects the August fair of Cavan; his wife complained to him that day of the outrage committed on her by prisoner; he and wife stated the case to the Rev. Patrick O'REILLY.
The Rev. Patrick O'REILLY was called upon under a penalty of 10l; the rev. gentleman not making his appearance, prisoner's counsel said they would allow his testimony to be taken at any stage of the proceedings.
(The grand jury here re-entered the court to ask his lordship some question connected with the road presentments. His lordship desired them to examine minutely how far the operations of the public works interfered with the fulfilment of the contracts; and where they had reason to believe that those works caused more than ordinary trouble or expense to allow accordingly, but in other cases to adhere to the original contracts.)
Trial of James SMITH resumed.
Robert CREIGHTON sworn--Holds some land; knows James SMITH, the prisoner; witness and his wife slept in SMITH's on the night of the 13th of August; the 14th was the fair day of Cavan; next morning went to the fair; left wife behind him in the house of James SMITH.
Bridget CREIGHTON examined--Is wife of last witness; slept in prisoner's on the night of the 13th of Aug., the day before Cavan fair; was in prisoner's house on the fair day up to 10 or 11 o'clock., when she went to the fair; witness milked prisoner's cows on fair morning, before going to the fair; witness saw no one in prisoner's that morning; did not see prosecutrix there; does not know her; witness was waiting to receive money from John LYNCH; prisoner has children; none of them were there; she (witness) gives advice to "ladies" (laughter); a great deal of advice, and to the country generally (continued laughter); she wouldn't tell secret to the court for any money (roars of laughter).
--SMITH sworn--Is prinsoner's father; saw prosecutrix the day after the fair in Cavan, in the Main-street; is sure the day after the fair; did not see his son for a month after.
Peggy CASSELLS examine--Knows NAULTY; had a conversation with her respecting this prosecution; is not related to any of the parties; does not recollect what was said on that occasion; will not tell anything.
To the Court--Can't tell half of what was said; prosecutrix did not say prisoner ill-used her; could not recollect one word of what was said; will not tell anything.
A Juror--What brought you here then?
The Court--Go down, go down.
The Rev. P. O'REILLY was again called upon, under a penalty, but did not appear.
The Court briefly addressed the Jury, recapitulating the principal features in the evidence.
The Jury consulted together for a few minutes, but as they could not agree, they retired from the court. In the course of some time they returned with a verdict of--Not Guilty.
This verdict produced some surprise in court.
In the absence of the former Jury, the following were sworn in for the succeeding cases: Wm. RICE, foreman; Joseph POGUE, John M'CULLUM PRATT, Andrew M'NEIL, Joseph JOHNSON, Isaac PRATT, John PRATT, Thomas MATHEW, James SMITH, Edward REILLY, Wm. PRATT.
Thomas DONOHOE was placed at the bar, charged with stealing geese. The prisoner pleaded guilty--Sentence deferred.
Bryan M'HUGH, and his wife, Catherine M'HUGH, were indicted for having in their possession 9 sheepskins and 39 quarters of mutton which had been stolen. Prisoners pleaded not guilty.
The respectable, though poor, appearance of these prisons excited considerable interest. The male prisoner appeared to be about 60 years of age, his wife something younger.
Phil M'BRYAN sworn--Lost 13 sheep on the 13th of Jan.; got a warrant and searched prisoners' house; found 39 qrs. of mutton and some of the skins there--also a churn-full of pieces of mutton buried in the floor, and more skins hid in a turf-bank in the vicinity; can swear to two of the skins.
Several witnesses were called, who identified the skins.
The prisoners, who were too poor to fee a counsel, made no defence.
The Jury found Bryan M'HUGH guilty; Catherine, not guilty.
Bryan M'HUGH was sentenced to 15 years' transportation.
Francis NEIL, jun., was placed at the bar, charged in one count with the abduction of Anne FITZSIMONS, and in another with an intention to defile her.
Anne FITZSIMONS examined by Mr. SMYLEY--Lives in Derryroe with her father and mother; prisoner is related to both her parents; remembers Sunday, 10th Jan; was at a funeral on that day; Thomas FITZSIMONS (her cousin) and prisoner were with her coming home; prisoner asked her to take a dandy punch--witness consented, and all three went into Barney GOODWIN's in Redhill; it was then about half past 6 o'clock in the evening; they left GOODWIN's at half past 7; Thomas FITZSIMONS dropped behind, and prisoner and she went on towards home; when near her father's, prisoner asked her to "run away" with him; she refused; prisoner then lifted her off her feet, and carried her into a lane; from thence, partly by dragging and partly by carrying, he brought her to a neighbour's house, John M'ENRUE's; when brought into the house, she cried to be left at home; Phil LAWLOR (another cousin) heard her, prisoner asked her to marry him, but witness refused; Mrs. M'ENRUE also urged her, but without success; her father is pretty well off; does not think NEIL as well to do; the night in question was fine, but dark.
Cross-examined by Mr. DOHERTY--Is cousin to prisoner; never danced with him; has presents given her by him, a book, and hankerchief, and a box; does not know where the box is now; has the book and handkerchief yet.
Counsel--You have the book you say?--have you it here?
Witness--No. You have.
You have the handkerchief then?--I have.
Next your heart?--No, but on my neck (laughter).Cross-examination continued--Did not go to a magistrate to complain, but father went; the prisoner proposed for her next day; witness was against it, but believed her father offered pound for pound, if an agreement were come to; where prisoner forced her off the road was near her father's house; but a piece of meadow between that and her father's; did not call out, as she knew her father's doors were closed; recollects drinking with prisoner in the fair of Redhill; drank with others as well as him upon that day; never was tipsy; frequently kept his company, but never courted him; did not return prisoner's presents; witness gave prisoner a book at one time--it was a Manual,
Thomas FITZSIMONS sworn--Is cousin to prosecutrix; after leaving the public-house, on the night referred to in Redhill, she and NEALE went on, he (witness) had business which detained him behind them; prosecutrix was sober at the time.
To Mr. DOHERTY--He (witness) told her she might go home if she liked, and he'd go to Redhill alone; this was before they went to the public- house; complainant appeared willing to go with him, and so the three, complainant, prisoner, and witness went to Redhill together.
John M'ENRUE examined. It was to his house prisoner took Miss FITZSIMONS on that night; witness and family were in bed at the time; witness got up and let them in; complainant (sic) appeared anxious to get home; witness is married to the prisoner's sister.
Mary KELLY and Edward REILLY were examined. The latter witness stated that he offered to accompany complainant home from M'ENRUE's, but she refused to go, unless a third person with with them.
Patrick M'DONNELL and a Mr. PHILLIPS gave the prisoner a good character.
The jury brought the prisoner in guilty of the abduction, but not of the assault.
His lordship sentenced the prisoner to four months imprisonment with hard labour, and to find securities, himself in £20, and two other in £10 each, to keep the peace towards Miss FITZSIMONS.
Michael SMITH was indicted for breaking into the houses of Thomas REILLY and Patrick REILLY, of Poles, and taking away 2 cwt. of India meal, out of the latter house.
James M'GOVERN, jun., and Mr. KINEALY, road-contractors, gave the prisoner a good character. He was acquitted.
(The Grand Jury again returned into court, to say that they found a true bill against Philip, Patrick, and Owen REILLY, for the murder of William LANG, on the night of the 13th inst., near Ballyconnell).
James (better known as Prunty) REILLY, Margaret REILLY, and Elizabeth REILLY, were then arraigned for stealing three heifers, value £10 each, the property of Thomas HINDS, of Cavan, on the 15th of last December.
The male prisoner pleaded guilty, but stated that the female prisoners (who are his sisters) were quite innocent. He had some circumstances to state in mitigation of punishment, and he asked the attention of the Court while he would be so doing. "On that night," said the prisoner, "I heard a noise; and thinking that the house was attacked by same who owed me a spite, I got up and fired. When I went out I saw two cows killed, but I thought they were my own. I saw something down from me towards the gate, I fired again; for your lordship, (addressing the bench), there were people who owed me a great spite, and wherever I went I had to carry pistols, even if I was going to church, or anywhere else."
His Lordship--"Did you kill any of your own cows?"
A voice--"They kept a-one side; they knew the way he'd shoot (laughter).
Prisoner to the court--"No, my Lord; but if these cows did not come about the house, this misfortune would not have happened. I will take the whole burden of the transaction on myself; the girls are quite innocent.
His Lordship sentenced him to ten years transportation, and ordered the female prisoners to be discharged.
Margaret LEE was next indicted, in one count, for secreting the birth of her infant child; and in another count, for secreting the birth and killing her child, on the 28th of August last, at Coolcarrig.
Prisoner pleaded guilty "of having, but not killing the child."
Several witnesses proved to the fact of her having the child, near the lime-kiln; and also of finding it behind a ditch in the neighbourhood, but the body exhibited no marks of violence. Sentenced to five months hard labour.
Patrick HENRY, a young lad, pleaded guilty to the charge of stealing a pair of boots belonging to Lord Farnham, value 5s. Sentenced to 9 months imprisonment--to be kept at school in the gaol.
Thomas SHIEL was charged with having served a Molly Maguire notice, the transcript of which was found on his person, as also a pistol.
Charles COWEN sworn--On the 25th of last Dec., received a threatening letter through the post-office; gave it to a policeman (here the letter was produced, and the witness identified it).
Mr. DOHERTY, for the prisoner, objected to that letter being received in evidence.
The court over-ruled the objection.
A constable proved to the arrest of the prisoner, and to having found on his person, an exact copy of the former letter, and also a pistol.
Mr. DOGHERTY (sic) contended that the letter received by COWEN through the post-office, had no connection with the undirected document found on the prisoner's person. In fact, that the letter was negative evidence against the former; for if the former had been sent, where was the use of retaining the latter. He also contended that as the letter received through the post-office was not proved to be in prisoner's hand-writing, nor yet in any way connected with the other paper--such as a part of it, for instance--that it should not be received.
The court decided against the objections.
Jury found prisoner guilty. Sentence--7 years transportation.
Michael REILLY, Patrick REILY, and Michael or Wm. SMITH, were indicted for stealing two sheep, the property of Miss Mary Anne SAUNDERSON, of Cloverhill, on the 15th of December last.
Prisoners pleaded not guilty.
John FORSYTHE was examined, but failed to identify the skins found in prisoners dwelling. Discharged.
Anne GRIFFITH was found guilty of pettey larceny. Sentence-- four months' hard labour.
It being after five o'clock when this case was over, his Lordship adjourned the court till 10 A.M., on Monday.
MONDAY, MARCH 1
Judge TORRENS took his seat to-day, at 10 o'clock. Long before his lordship entered, the galleries and every other part of the building were densely crowded, as it was rumoured in the morning that the trial of the persons charged with the murder of BURNS, and which had been postponed from last assizes, would be proceeded with.
Terence REILLY, John SMITH and John FARRELLY were charged with the murder of Thomas BURNS, on the night of 29th June at Derrygarahan.
Prisoners pleaded not guilty.
The following Jury were sworn:--Thomas ACHESON, of Terquillan, foreman; James BRAVENDER, John HAMILTON, Andrew M'NEIL, James MONTGOMERY, James SMITH, Price BILTON, Peter DONNELLY, Patk. M'GUIRTY, Wm. M'DONALD, Frank RICHMOND, and Luke REILLY.
The prisoners challenged 15 jurors, the crown none.
Counsel for the prosecution--Mr. DOHERTY.
Counsel for prisoners--Mr. MAJOR, Q.C., Mr. BOYD and Mr. PEEBLES.At this stage of the proceedings Mr. MAJOR applied to the court to postpone the trial of the prisoners for the murder of William LANG, until next assizes. He grounded this application upon an affidavit made and registered by the solicitor for the prisoners, which want to state that he could not procure a copy of the depositions before the 25th inst., from Mr. SWANZY and that the informations were of no use without the depositions; consequently, he had not time to prepare for the defence. The solicitor's statement went also to say that as the case was a very recent one, there was a great deal of excitement in the country concerning it; and also, that a paragraph appeared in a local paper, the ANGLO-CELT, of a highly exaggerated nature, and calculated to increase that excitement very much, which paragraph was copied into almost all the influential papers in the kingdom.
Court--Read the paragraph.
Mr. MAJOR here read the article referred to; it was headed "Atrocious Murder," and appeared in the ANGLO-CELT of the 19th ultimo.
Mr. SCHOALES, for the crown, contended that the article in question contained nothing untrue, or of a tendency to increase the excitement referred to; and if solicitor for defence had not the depositions in time, it was altogether owing to his own negligence, as he could have procured them in five minutes, or else the delay was wilful, merely to afford a pretext for the present applications. He (Mr. S.) therefore resisted in postponement of the case.
His lordship ruled with the Crown and resisted the motion; saying at the same time, that the article read to the court from the ANGLO-CELT contained nothing but public facts, was very moderately worded, and, as stated by counsel for prosecution, was not at all of such a nature as to increase any excitement at present prevailing upon that subject. He then ordered the case to stand by for the present.
Thomas MURPHY was then put to the bar, charged with stealing a heifer out of the house of Andrew DOYLE of Lislea. This was a squabble arising out of some domestic settlement. Prisoner acquitted.
The trial of Terence REILLY, John SMITH, and John FARRELLY, for the murder of BURNS, was then proceeded with.
There were three counts in the indictment; one charged Terence REILLY with firing a loaded pistol at Thomas BURNS, on the night of the 29th of June, 1846, at Derrygerahan, the shot having passed through his right breast, below his heart, and piercing his lung, of which would he languished till the 30th, when he died; this count also charged the others with aiding and abetting him. The remaining counts charged SMITH and FARRELLY, respectively, with firing the pistol, the other two aiding and abetting.
Mr. SCHOALES, Q. C., opened the proceedings as follows:-- "My Lord, and Gentlemen of the Jury, in this case it becomes my painful duty to lay before you the nature of the evidence; I may venture to say that this evidence will exhibit in the clearest light the most cruel and revolting case of murder which has come under my observation upon this circuit. The decased (sic), BURNS, was a farmer, living on the lands of Derrygerahan; the prisoners at the bar were neighbours of his; one of them, Terence REILLY, lived under the same roof with him. These men are charged with coming on the night of the 29th of June, to BURNS' house, dragging him out of bed to the door, while one of the party groped for a mortal part on their unfortunate victim, and then discharged a pistol, the contents of which passed in at his right side, and through his lung, and this in the arms of his wife, as she will state to you herself. Thinking they had killed the man, they immediately ran off. But let me tell you, gentlemen, BURNS did not die at that time, but survived for several hours. During this period he stated frequently, and to a number of people, that the prisoners at the bar were his murderers; and when they were brought before him, he at once identified them. At or before the time the crime was perpetrated all three prisoners were in BURN's house together, and dragging him; which o f the three fired the pistol the old man could not tell; that, gentlemen of the jury, will be for you to say, as there are counts in the indictment, charging each of the prisoners with so doing; the others with aiding and abetting. There were in the house then, besides Burns himself, his wife and child; this child has died since the last assizes, so we have lost her testimony. The wife will tell you how she passed by the house of Terence REILLY, which was under the roof with her, to the place of a man named JARMAN, to give the alarm; JARMAN, too, will tell you what he knows. Does not this fact show you that Terence REILLY was one of those who committed the murder. But, then, we have the strongest evidence of all in the depositions of the dying man taken by Major BAILIE in the presence of witnesses, and in the sight and hearing of the prisoners at the bar. These depositions were taken at a time when deceased considered himself a dying man, making what is called"a dying declaration." This is a very important fact and one which you will please bear in mind. And, gentlemen, under the correction of the court, I will read to you when and how far such declarations are to be received into evidence.
Rose BURNS examined by Mr. BROOKE, Q. C. (this witness appeared to be nearly blind and quite feeble)--was wife of the deceased Thomas BURNS; remembers the 29th of last June; on that night she and her husband were in bed; they were in bed for some time; thinks she slept a little; heard a noise as if some one at the door; witness awoke her husband, telling him there were people round the house; deceased got up and was standing in his shirt at the bedside when the door was burst in; three men entered and commenced dragging deceased down out of the room; the room is very small; witness got up, put her arms round her husband, and pulled against them; deceased begged to spare his life; murderers said they only wanted to speak to him at the door; witness did not think they were going to kill her husband, but beat him only; there were but three; they dragged him to the door; saw when they groped him in the side, and then shot him; witness had her arms round deceased at the time; the shot passed through under her arm; deceased was shot within a yard of the door; kitchen door was then open; the fellows then ran away when they fired the pistol; one of them said to deceased to come to the door, and that was all they wanted (here witness burst into tears).
Examination resumed--Brought deceased into the house; left him standing in the kitchen, and went to alarm the neighbours; went to Richard JARMAN's first; JARMAN is her nearest neighbour, except prisoner, Terence REILLY, who lived under the roof with her;witness knows the prisoners from their infancy; (here she identified them); when she returned from JARMAN's, deceased said he thought he'd come through.
Counsel for Crown--Did your husband say anything to you, as to his knowledge of the men who attacked him, up to that time?
Counsel for the prisoners objected, as this question would lead to another, namely, who the men were.
Court thought it would be better not to put that question just yet.
Witness in continuation--The affair happened on the night of the 29th; deceased lived till the evening of the 30th, when he died; the Rev. Charles O'REILLY, Dr. WADE, Major BAILIE, Mr. PHILLIPS, and police, arrived before his death; many a one blamed her for doing what she did to save her husband, and didn't know but she be shot herself.
Counsel for prosecution--you have grown wiser since, ma'm, I suppose?
Witness--Thoth, I have I think, acusla.
Cross-examined by Mr. MAJOR, Q. C.--Does not know what hour of the night it was; there was a reasonable light at the time; the light from the sky was shining upon the door; Terence REILLY's family had the fever; they were on the recovery then; prisoner or any of his family did not come to save her husband; there was a long struggle; witness threw her arms round her husbnd's body; the men had on their clothes, witness or her husband had not; heard only one say "come to the door," that was the man shot him; did not see the pistol, but only the flash; nothing more was said at that time by either party; the men did not remain any time after that, they walked away immediately; decreased lived in that place seven years, witness thirty years; would know the voices of the prisoners passing in the field her house was in.
Richard JARMAN examined by Mr. DOHERTY--Lives in Derrygerahan; was the nearest neighbour to deceased, but Terence REILLY, who lived under the roof with him; lived there in summer last; knows Rose BURNS; knows she called to him on a morning in last June, to say her husband was murdered; went a few hours after to Tom CLARKE's; then to BURNS's; saw BURNS lying on his back in the bed; there was no one in the room save the two at the time; deceased said he was shot; sometimes he (deceased) thought he would recover; deceased was between two minds on the subject; witness had no more conversation till deceased told who shot him.
To Mr. PEEBLES--There was no one present with them; there might have been one in the dark of the room, but he (witness) believes not.
Dr. WADE, examined by Mr. SMYLEY, Q. C.--Saw BURNS before he died; was sent for; Mr. GIBBONS, sub-inspector of police, and he went together; does not remember whether JARMAN was present or not; deceased was in bed; two rooms in the house, a kitchen and bed-room; deceased was languid and weak; Rev. Charles REILLY met them at the door, and went in along with them; witness examined the wound, it was caused by a gun or pistol shot; the opening was made below the right breast; took a pellet from the side;never saw one more so; witness gave deceased his professional opinion in presence of the Rev. Charles O'REILLY and others; his opinion was, that the wounded man would not recover, and he therefore only applied a little lint to the wound, to keep it easy; the three prisoners were within hearing at the time; deceased reminded witness of having given him medicine on the previous Saturday; deceased told those present, that he never would recover off that bed; witness had not given his opinion at that time; deceased's words were "I never will rise, nor recover off this bed; he repeated these words very often; deceased told witness in reply to a question, he knew the names of the men who shot him; Surgeon HARRISON came into the room soon after, and put the same question-- deceased said the names of the men were----
Mr. BOYD--Stop, stop. My Lord (addressing the bench), this is not fair; I object to this line of examination.
His Lordship decided that the examination was proper enough, but for witness not to name the men.
Mr. BOYD objected to the dying declaration being received. There was no foundation for it as so far; and quoted the case of KING v. SPILSBURY, CARR, and PAYNE, where Justice COLERIDGE declared that a man who thought himself dying should be busy in making his will, or giving directions about his funeral, &c., &c.;
His Lordship--That is when death is at hand. I don't go the length of Judge COLERIDGE in that particular.
Examination of Doctor WADE resumed--Deceased named the men who murdered him, while HARRISON and I were present; he named Terence REILLY, the son of the stucco-man, living under the roof with him; John SMITH and John FARRELLY, living on the same lands with him; Major BAILIE then commenced taking deceased's deposition. Terence REILLY was brought into the house alone, and put at the foot of the bed where deceased was lying; deceased said "that is one of the men who murdered me;" after some time the other two prisoners were brought into the room by the police, and stood in the door way--deceased said "these men were there too;" witness told deceased he must consider himself a dying man, and would never have an opportunity of contradicting what he then said to Major BAILIE; deceased then looked at all the prisoners, and said "these are my murderers;" deceased was then under examination; deceased's voice was strong at that time, at other times it was weak. Rev. Chas. O'REILLY asked him were these the men?--deceased to that said, they were; this was subsequently to the caution given him by witness; witness cautioned him in order to give the accused a chance of escape; witness again spoke to deceased, to make it more forcible, and old him if he had any doubt of the men to say so; deceased said to the best of his skill and knowledge these were the men who dragged him to the kitchen door and murdered him; these words, "to the best of his skill and knowledg,"; he said to the Rev. Charles O'REILLY; and said, also, "your reverence, do'nt be hard with a dying man; sure they brought me to the door where they had light and shot me like a dog, and I sick and weak;" he said he'd know their voices, their shape, their height, their make and these were his murderers, and none others; all this occurred between 5 and 9 oo'clock in the morning; this gun shot caused his death; the shot passed through the right side, fracturing his fourth rib, and through his lung.
Cross-examined by Mr. BROOKE, but nothing further was elicited.
Constable William HARRISON examined by Mr. SCHOALES-- Belongs to Belturbet station; BURNS' house is about three miles from that place; it was day-light when he went to deceased's house; brought the sub-inspector and Dr. WADE with him; met Rev. Charles O'REILLY at the door, who told him the dying man had something to say to him; Rev Mr. O'REILLY gave him a stick which he said had been forgotten by the murderers; went in, and after asking deceased who the men were that did that, was told Terry REILLY, the plasterer;s son, who lives under the roof with him, John SMITH, who lives in the house behind the garden, and John FARRELLY, who lives on the top of the hill; deceased described SMITH as a broad-faced man; witness went out and arrested Terence REILLY in the lane; prisoner did not attempt to run away, ut walked away (witness here stated how the dying man identified Terence REILLY as one of his murderers); witness went to look after the others; met SMITH near his own house at five o'clock in the morning, and arrested him; was present with deceased when Constable DUGGAN brought in FARRELLY; deceased identified both these prisoners likewise as his murderers; this stick in my hand (here witness held up a stick, a common looking weapon, which exhibited streaks of blood upon it), deceased said he saw with Terence REILLY a day or two before his murder; this is the stick Father O'REILLY gave me; deceased said it was left behind by the murderers in thier flight; there is blood upon the stick at present, but there was more then; when Major BAILIE was at the bed-side, taking down the depositions of deceased, he major asked deceased if he had any doubt of the prisoners committing the murder; a little deaf he did not hear the answer, therefore witness repeated it; on this, the Rev. Charles O'REILLY stepped forward, and said --"This is not what he said, sir;" the dying man repeated his reply, and then the Rev. Mr. O'REILLY, addressing deceased, said, "That is not what you told me in the morning;" was present when the Rev. Mr. O'REILLY asked the wounded man to "the best of his skill a nd knowledge" were these the murderers? deceased repeated his words, adding "these are the men and no others."
Witness was examined by Mr. PEEBLE, but stated nothing new.
Sergeant DUGGAN was sworn--Witness stated that he arrested FARRELLY standing on his father's flour; all in the house appeared to be up at the time, and were sitting round the fire; none of them asked why he arrested the prisoner. this was at a very early hour; not long after sunrise.
James Robert GIBBONS, sub-inspector of police, examined-- Heard deceased say he was murdered by the three prisoners at the bar; saw that stick now before him upon that day; it had more blood on then than now; heard deceased repeat that it was the prisoners at the bar murdered him and no others. Cross examined by Mr. BOYD--Does not know who held his horse on the morning referred to; gave it to the first boy he met; this was about 5 o'clock; would not say whether it was to Terence REILLY or not;believes he never saw Terence REILLY till he saw him a prisoner with a constable; when he came out of deceased's, he saw Major BAILIE's man hold him for a while.
Rev. Mr. MOFFATT examined by Mr. SMYLEY--Is a clergyman of the Established Church; is vicar of the parish where deceased lived; was with him the day he died; went to the house between 12 and 1 o'clock in the day; deceased attended his church regularly from the last Sunday in May till the Sunday before he died, when he could not attend, for he was unwell; witness said "you're welcome, your reverence;" deceased desired his wife to bring up a chair to the room; wife refused; deceased said he was a dying man; witness prayed with him; the people in the house would not kneel, but made a buzzing noise for a certain purpose; he (witness) had to put them out of the room; deceased named his three murderers.
Cross-examined--Went there a short time before he died; witness remained in the house half an hour; did not know deceased until he became a Protestant; for years previously he had been a Roman Catholic.
Major BAILIE examined by Mr. SCHOALES--This witness, who is a magistrate of the county, proved to his taking the depositions from the dying man, he being under the impression at the time that he was near his dissolution. Major BAILIE also bore testimony to BURNS's identification of the prisoners as his murderers, and also to several other facts mentioned by preceding witnesses.
Mr. PHILLIPS, Esq., sworn--Is a Magistrate of the County Cavan; went to deceased's house a little before he died; deceased told witness he was a dying man; saw the informations taken by Major BAILIE; remarked on the words, 'skill and knowledge,' but Major BAILIE told him they did not signify, as the subsequent words, "and none others,' put the meaning beyond a doubt.
Mr. BOYD objected to the conversation which transpired between Mr. PHILLIPS and Major BAILIE being received as evidence, and quoted the QUEEN v. SCALLAN 1 c. 8 DIX and KER v GULL, 7 CAR & PAYNE, where Judge COLERIDGE refused evidence.
His Lordship overruled the objections. Mr. PHILLIPS was cross-examined, but his testimony was unshaken.
The case for the Crown here closed.
Mr. MAJOR, Q.C., for the defence--After stating the atrocity of the crime, and the unlikelihood there was of the prisoners having committed it, proceeded to say--Gentlemen of the Jury, my clients have declared that they are innocent of the crime laid to their charge. I believe them, gentlemen, and I only ask your patience while I demonstrate their innocence--This I will do, so that a doubt cannot rest upon your minds, or I have greatly deceived myself. Look you here, gentlemen, every man is supposed to be innocent by law until he is proved guilty. If the smallest shadow of doubt rest upon your minds as to the evidence laid before you, or the guilt of the prisoners, you are bound on your solemn oaths to give the accused the benefit of the doubt by instantly acquitting them. Gentlemen, no man's life is to be taken away upon such evidence as has been given in this case.-- My responsibility is great, but, gentlemen, yours is far greater. Your verdict restores these men to their families, or sends them to death-- it restores them once more to society, or consigns them to a disgraceful end. Gentlemen, how stands this case? A foul murder has been committed, and the life of an innocent man taken away. This cannot be denied--it is not sought to be denied; but it is denied, and I am fully convinced of the truth of that denial, that the prisoners at the bar, or any of them, are the men who perpetrated this revolting crime. Gentlemen, look upon the men who are thus charged. I ask you, do my clients look like murderers? Can you say that they committed this deed? Can you say--"I believe that the prisoners at the bar committed this murder?" If you can, gentlemen, you have greater credulity than I have. Remember, you are not to attach one particle of credit to the dying declaration of BURNS. BURNS and his wife had retired to bed--three men entered the house--BURNS's wife heard a noise, and she and her husband got up--they were all out of bed when the murderers arrive--BURNS is dragged to the door-- the light is beaming on the men, and there they commit the act, leaving behind them living evidences of their guilt in BURNS's wife and daughter. If the three prisoners at the bar were the men who fired the shot, I ask you would not BURNS, turning to his wife, say--Rosy, I know these men--they are Terry REILLY, John FARRELLY, and John SMITH, and I'll hang them, the villains, if they touch me."
Court--That could not be received in evidence.
Mr. MAJOR--Well, then, gentlemen, I will undeceive you with regard to that. Would not BURNS, addressing the men, have said, "What brought you here, Terry REILLY, and the rest of you, at this hour of the night to disturb honest people?" Does the wife know them? The wife was close to the persons of the murderers, but she can't tell who they were. Now does BURNS himself seem to have known them until afterwards, when something must have entered his mind. From the time the act was committed till he gave his show that he knew them. I ask you, then, can you find these men guilty of that murder? BURNS' declaration was that he knew them; the wife tells you she did not know them. I contrast the testimony of the two, and I ask you had not the wife the same opportunity of recognizing them as deceased upon that occasion. The Crown, too, has produced the Rev. Mr. MOFFATT, but has not produced the Rev. Mr. O'REILLY; how is this? He and others were in the house a length first time, deceased mentioned the names of the prisoners as those who assaulted him.
Mr. BROOKE, Q. C.--Allow me to correct you; this statement was made to DUGGAN at three o'clock in the morning.
Mr. MAJOR--Yes; but a lapse of three hours took place between the crime and the mentioning of the names. Mr. MAJOR continued to address the Court, and very eloquently, for the space of forty minutes. He stated that it was Terry REILLY held Sub-Inspector DUGGAN's horse at BURNS's door upon that morning; and when the prisoners were arrested, none of them attempted to run away. REILLY was taken in the lane, FARRELLY in his father's house, and SMITH near his residence; and though it was a very early, there was business at that hour on a summer's morning. He also commented upon the words "skill and knowledge" having been introduced into the dying declaration; and that the prisoners were the men who assaulted him. In referring to Doctor WADE, he (Mr. MAJOR) regretted that the Doctor busied himself about the magistrates' business, and also, that he was so "pertinacious" in his evidence before the Court. Mr. PHILLIPS, too, had no right to question the depositions taken by his brother magistrate, or seek to have them made more forcible by subequent declarations.
Marshal MEE examined for the defence--Remembers the 30th of June; was awoke on that morning by JARMAN; went to BURNS' house at an early hour; little more than day-light; deceased told him he was shot; deceased said he did not know who done it; witness stopped in the house till the priest came; the priest put us out; knew BURNS for five or six years; BURNS, from his character, was, I believe, not creditable on his oath.
Cross-examined by Mr. BROOKE, Q. C.--Saw Terrence REILLY before I went to BURNS's, but did not talk to him; saw REILLY about the house; REILLY did not go in to see the wounded man; did not see any police.
Thomas CLARKE examined by Mr. PEEBLES--Remembers going to BURNS' house the morning after the attack; did not ask BURNS anything about it, but asked his wife, knows the prisoners for fifteen years; would not believe deceased upon his oath; deceased had a bad character.
His Lordship--What was the ground of that character?
Witness--Did not know particularly.
Cross-examined by Mr. DOHERTY--He never heard deceased was sworn against in a court of justice; he could not name any respectable person living, who will give that testimony of the deceased; witness does not know his own character, but could get people to speak for him.
Dr. DONOVAN was sworn and examined, as to the character of BURNS; his testimony was similar to that of the preceeding witness.
Cross-examined by Mr. SCHOALES, Q. C.--You are a practising physician and reside in Belturbet, I believe? Yes. How long has this county the honor of your company?
Witness could not tell whether it was an honor or not, but-----
Mr. SCHOALES--Oh! it is an honor; sure you're a gentleman!
Witness(angrily)--I do not think any place honoured by my presence; I am a gentleman, and-----
Mr. SCHOALES--No matter what you are, answer my questions. Do you know the prisoners personally?
Witness--I know Terence REILLY, for I attended him in fever, but can't say I know much of the others.
Well, what characters did you hear of the prisoners? Very good.
You refused to attend other members of REILLY's family when in fever, what was that for? Because I was not the first physician called in.
You expect to gain good practice, I suppose, by your appearance here to-day?
I don't expect anything of the sort. Was deceased worthy of credit in a court of justice upon his oath? No; he was not.
He (witness) stated that, from deceased's general character in the country; heard the prisoner REILLY give BURNS a bad character; witness knew nothing whatever of BURNS; never spoke to him before the day he died, he (Dr. D) thinks; never knew deceased to perjure himself; never heard deceased charged with robbery, or murder, or any other crime that he knows of; heard deceased went to law with his brother; could not tell whether it was since deceased made his "dying declaration" or not that he got the bad character in the country; neveer heard much of him; did not go of himself t o see deceased; was sent there by a Miss FITZPATRICK; got no fee from Miss FITZPATRICK for doing so; went voluntarily after all; deceased thought witness could do something for him; it was then ten minutes to twelve o'clock; did not know at that time that BURNS had sworn information against Terence REILLY.
Mr. KENNY examined--Knew deceased for fifteen or sixteen years; from his general character believes BURNS was not worthy of credit upon his oath.
Cross-examined by Mr. BROOKE--Is a neighbour of prisoner's; spoke of deceased from his general character; never knew him to perjure himself in any court; heard something of deceased giving information against the murderer of Mr. BELL BOOTH; he heard people say that BURNS cut the tail off one of his brother's cows at one time.
The mother of Terence REILLY was next called to prove an alibi for the prisoner. Up to this time the prisoners appeared to be almost indifferent to the proceedings, but when this witness was sworn, Terence REILLY became so agitated that he had to withdraw from the front of the dock.
Witness sworn--Is mother of the prisoner Terence REILLY; remembers the night BURNS was shot; was in bed at the time; had been ill of the fever previously, but was then recovered; her daughter sat up with her that night; Terence was tired and went to bed early; but witness heard the shot fired across the door; swears her son Terence REILLY was then asleep in bed; when prisoner was roused, he thought to go out; but witness was afraid, and would not let him.
Bernard REILLY and his sister were sworn in proof of the alibi for their brother, Terence REILLY; their testimony was similar to the last witnesses'.
Anne M'GOVERIN and Phill FARRELLY (brother of prisoner) were examined in proof of an alibi for John FARRILLY; they said prisoner slept in his father's house on the night in question, and could not go out without their knowledge.
James SMITH and Rose SMITH (the latter is a rather handsome and prepossessing young woman) proved an alibi for their brother, John SMITH.
All the alibi witnesses stated that they did not tell the police or magistrates that their relations were innocent of the crime laid to their charge, upon the day of their arrest or at any time immediately subsequent.
William MOFFAT sworn--Is a Protestant; lives in Kilcunny; witness knows the prisoners from their youth up; they have all good characters; never knew any thing laid to their charge before this persent time; knew deceased also; deceased's character never was good; deceased was not worthy of credit on his oath; witness heard deceased perjured himself, but could not tell where; never heard deceased give information about BELL BOOTH's murder.
The defence closed here.
His Lordship addressed the Jury as follows:--"Gentlemen of the Jury, in this case the prisoners are indicted for the wilful murder of Thomas BURNS, on the night of the 29th of June, on the lands of Derrygerahan, by breaking into his house at an unseasonable hour of the night, and dragging him to the door, and then and there, in the arms of his wife, inflicting a gun shot wound on his side, of which he subsequently died. This, gentlemen,is a case of some nicety. You have before you the positive testimoney of the dying man, as to the identity of his murderers; and this testimony was taken down by a magistrate, Major BAILIE, in the presence of another magistrate, a clergyman, Dr. WADE, and several others. These depositions form what is called in the terms of the law a 'dying declaration.' Gentlemen, I must apprise you that the law allows of dying declarations being received in evidence, if the dying man is under the impression he will never recover, but not otherwise. It is a question for you to consider whether the deceased man believed he was near his dissolution at the time he was making those depositions, which you have heard read to-day. It is my own opinion that he was, from the very first conversation he had with DUGGAN, to where it is said he was under the full conviction that he would not survive. The subsequent conversation held with Dr. DONOVAN does not shake my belief. But that is your question, gentlemen; with it I have nothing to do. Again, the words 'to the best of my skill and knowledge,' introduced into the statement of the deceased, would seem to imply that there was a doubt as to the prisoners at the bar having committed murder. You know that the words I have mentioned are usually employed in this country to signify a state of uncertainty, as though the person using them had good reason to know tht his statement was correct, and yet, was not perfectly convinced of it. In this case, however, these words were addressed to the wounded man by the Rev. Charles O'REILLY; as it appears to me by way of caution, lest the deceased should have had any lurking suspicion upon his mind that those men were not his assailants. BURNS therefore replied in the very words of his questioner--''I believe to the best of my skill and knowledge;' and then, as if some thought that his words might be misconstrued passed over his mind, he immediately added, 'and none others,' placing his meaning beyond the possibility of misconstruction. Had not the word 'believe' been followed up by other words to make the thing sure beyond a doubt, it could not be received here as evidence. The law does not take 'a belief' as sufficient evidence. The words 'skill and knowedge; are more given as a matter of opinion than of dowright knowledge with t he country people. Mr. PHILLIPS said the dying man stated, that he used these words by way of a strong assertion of the guilt of the prisoners. The outrage was committed sometime during the night, certainly before day, the old woman tells you she slept. but there is one thing, the evidence does not prove or what he was murdered--Their motive, whatever it might have been, is completely in the shade. The murderers might have dragged deceased to the door, too, for the purpose of escaping detection, but which enabled him to recognise the prisoners. One thing, however, is wonderful--the wife of the deceased did not appear to recognise the men she was struggling with. Whether she concealed anything from the Court is not for me to say--you will have to take that also into consideration-- With reference to the stick, that touches only upon the case of Terence REILLY, for it by no means follows that the other prisoners should be implicated by the same affair. There are other particulars upon which I need not dwell at greater length. But there is one thing more, gentlemen. It is a principle of law that if a man is not worthy of credit upon his oath, neighter is his dying declaration to be believed. You will also look and see whether the doubts against his character were not raised since his dying declaration was made. But there are three circumstances to which I more particularly call your attention-- 1st, the weak nature of the evidence produced for the defence; 2nd -ceased said, "to the best of his skill and knowledge," the aspersed character of the dead man; and 3d, the near proximity of the prisoners to the house of the deceased, yet we do not find them going to see him upon hearing of his death. But hese facts are altogether for you. The relatives of Terence REILLY state that they heard the shot fired; his sister says she awoke up her brother, but that he did not go out to see what was done; and also the prisoner being seen at the early hour mentioned by the policeman. Finally, you will have to consider whether the dying man wished to conceal the evidence from those people who visited him, until he could have the prisoners arrested" His lordship spoke for thirty minutes, and concluded his able charge by complimenting Dr. WADE, Major BAILEY, and Mr. PHILLIPS, in the highest terms for the clear and satisfactory evidence they delivered to the court.
The jury retired at 5 o'clock, and were again called into court at 6, and at a quarter past 6, but not having agreed, his lordship ordered them to be locked up for the night.
Mr. MAJOR again applied to the Court for the postponement of the trial for William LANG's murder until next assizes, as they could not possibly procure the necessary evidence for the defence.
Mr. SCHOALES objected, on the ground that the principal evidence, the wife of the deceased, was very ill from a blow she received on the head during the struggle, and the physician could not take on him to say that she would survive until next assizes. His Lordhip might also remember that by a like post- ponement they lost a principal witness in the case just tried, namely, the daughter of BURNS.
His Lordship would postpone the trial until Wednesday, but no longer.
The court adjourned until next day.
TUESDAY, MARCH 2
Judge TORRENS came into Court this morning at 10 o'clock and took has seat at the Bench.
The jury in the case of SMITH, FARRELLY, and REILLY, who were tried on yesterday for the murder of thomas BURNS, having been locked up all night, was called into court. Having answered to their names, the Clerk of the Crown asked if they had agreed to a verdict?
The Foreman said not.
Clerk of the Crown--Are you like to agree?
Foreman--We are not.
His Lordship then addressed the jury and said-- If they were prevented from coming to a verdict by any difficulty arising from a point of law, or if they required any further explanation of the evidence produced the trial, he would be happy to afford them any assistance in his power. The Foreman thanked his Lordship, but said they required none. They were then ordered to retire to their room. In a few hours after, (about 12 o'clock), owing to a communication made to the court, of the delicate state of health of one of the jury, (Mr. MONTGOMERY of this town), Dr. Wm. BRICE was sworn and ordered by the judge to go to the room and examine Mr. MONTGOMERY and come back and state his opinion. After a short time Mr. BRICE returned and stated on oath that the state of health in which Mr. MONTGOMERY was, he (Mr. BRICE) thought that a further confinement would be attended with great danger.
The jury were then discharged by his lordship, and the prisoners were remanded until next assizes.
James DENNANY was arraigned for the wilful murder of his wife. DENNANY--he having some sharp instrument cut her throat so as to cause her death.
As this offence was of very recent occurrence, and the prisoner supposed to be insane, Dr. ROE was examined as to his state of mind since his committal to prison.
Dr. ROE said he considered the man insane and totally unfit from his state of mind to give instruction to have a case made out for his defence.
James WILRIDGE was identified for cutting, stabbing, and wounding one James M'CREANOR, so as to endanger his life--a nd secondly, so as to do him grievous bodily harm; and thirdly, with an assault.
James M'CREANOR examine by Mr. MAJOR, Q.C.--Lives at Corrabay, in this county; on 1st of July last was going out of the town of Cootehill in the evening, in company with a man named COYLE; when about a little time, and then say COYLE attacked by WILRIDGE; ran to his assistance; COYLE said prisoner had stabbed him; and nearly at the same time, WILRIDGE (prisoner) stabbed witness, also in the left side; leaving the chizel sticking in the wound; was attended by Dr. M'GAURAN.
Cross-examined by Mr. James ARMSTRONG, attorney (prisoner not being able to fee counsel)--This occured on the market night of Cootehill; between five and six o'clock in the evening; the place where it happened is not his direct road home; had not his cap slouched over his eyes; knows Joseph CAMPBELL, who has information against witness for waylaying him on same night, is on bail now to take his trial at sessions for the offence.
John COYLE examined by Mr. SCHOALES, Q. C.--Corraborated last witness, as to leaving Cootehill on the night in question; meeting prisoner, as to being stabbed himself; when M'CREANOR came to his assistance, prisoner stabbed him also, and ran away; knew prisoner at the time.
Cross-examined by Mr. ARMSTRONG--Lives in the town of Cootehill; went out only to go a piece of the way with M'CREANOR; there were two other boys with him; saw a boy in company with the prisoner; shewed his wounds to Dr. M'GAURAN.
Peter M'GUARAN examined by Mr. MAJOR, Q. C.--Is a surgeon; lives in Cootehill; on the evening in question was called on about six or seven o'clock to examine COYLE; he had two wounds, one in the hip, and another in the lumbar region; supposes them caused by a sharp narrow pointed instrument; did not consider either dangerous; thought they would get well without any surgical treatment; never thought the man's life in danger; would hardly say he had sustained grievous bodily harm; examined M'CREANOR also; he had a wound in the left iliac region; nearly half an inch (not quite so much in extent); did not think this wound dangerous; it did not o ccupy any vital part, nor lie near any important blood-vessel; if it had penetrated into the iliac fossa would have been dangerous; but from the appearance it had, and no hemmorrhage from it, did not consider it so.
His Lordship asked the witness, "Doctor, if you were stabbed, and had walked away with a chizel sticking in your side; how would you feel?"
Witness--My Lord, I would feel very much confused! (laughter).
Mr. ARMSTRONG declined to cross-examine the Doctor.
Joseph CAMPBELL, examined by Mr. A.--Lives in the town of Cootehill; is a glazier; recollects the 1st January last; was working on that day in the church of Kill; was going home in the evening, at the mile-stone near Cootehill met two men, M'CREANOR and COYLE, they accosted him and said, "where are you going?" Witness replied "home;" they said, "you cannot go home to night" and assaulted him; had a small chizel about him, which was necessary to him for his work, during the day, in self-defence took it out and stabbed COYLE and afterwards M'CREANOR; lost the chizel in the fray; would know it again. Head-Constable WHITELY here produced a small chizel and witness swore it was his and the same one he had on that night; his son, a boy of 13 years of age, was with him coming from work on that night.
Cross-examined by Mr. SCHOALES--Swore informations in a week after against COYLE and M'CREANOR; they swore informations also against him; they swore theirs first.
--------CAMPBELL son of last witness, a small boy of about 13 years of age, but most intelligent, was examined by Mr. ARMSTRONG-- Recollects the night in question; on that day was with his father in Kill church working; on their return home in the evening his father was attacked by two men; witness was frightened and stood one side shouting out "they are killing my fther;" after a time they ran away, and his father told him he had stabbed them and lost his chizel; witness would know the chizel; the chizel handed to him; swears that is his fathers and the ne he was working with on the 1st January.
The clear, intelligent, and calm matter in which this small boy gave his evidence, excited the admiration of the gentlemen of the bar present.
The case for the defence closed here, and his lordship having charged the jury they immediately acquitted the prisoner.
Hugh BRIODY and Rose BRIODY were indicted and given in charge for stealing two sheep, the property of Anne HEANY.
James HEANY examined by Mr. MAJOR, Q.C.--Lives with his mother at _________ in this county; she had nine sheep, they were all marked with the letters J.H.; recollects the 13th January last; she lost them all on that night; he searched for them; never saw them alive since; knows prisoners Hugh and Rose BRIODY; they live near him; Hugh works on the public works; searched their house for the sheep in company with his sister, did not find a sheep but found a skin marked with the letters J.H. same as on his mothers; is certain it was the skin of one of the sheep stolen from his mother; the female prisoner was then present, her husband came in soon after, and witness said, "is the sheep dead? If so, give me the wool and mutton;" they denied any knowledge of it; witness and his sister then left the house and he brought the police from Virginia and they searched and found the wool and mutton.
Prisoner had no counsel and declined to ask witness any questions.
Catherine HEANY examined by Mr. MAJOR, Q.C.--Is a sister to last witness, and corroborated his testimony as to going to search prisoners house and finding the skin; when her brother went for the police witness remained in front of prisoners house till his return with them--the female prisoner abused her, and endeavoured to make her go away; went in again with the police and saw the mutton found.
Constable FITZGERALD examined--went with HEANY to search prisoner's house, and between the timbers of the roof found four legs and many small pieces of mutton; found wool and some tallow also concealed.
Prisoners declined asking any questions, but the female said she got money from her husband to go to buy a small pig for the family, as they were tired eating meal having a (illegible). When she went to Oldcastle, she thought a piece of mutton would be better and bought that which was found in the hosue.
The case closed here, and his Lordship charged the jury. They immediately found Hugh BRIODY guilty, and Rose BRIODY not guilty.
His Lordship addressed the prisoners--to the female he said, that she escaped punishment by a humane principle of the law, which held, that the wife acted under the influence of the husband--by this principle alone she escaped that punishment which, he had no doubt, she otherwise deserved, as she appeared to be a most active agent in this robbery. As for Hugh BRIODY, he belonged to a class of persons of whom, when found guilty of crime like the present, an example must be made, in order to deter others--he was of that class working on the public works, and thereby earning a competence; the public bounty had been plentifully distributed to him, and he did not suffer want, destitution, or in plainer words, hunger--still, led on by his evil inclinations, he took advantage of the public distress to plunder and rob his neighbour. Such a crime should not be allowed to pass without a marked punishment; he should therefore sentence Hugh BRIODY to be transported for 10 years.
Mathew LYNCH was indicted for stealing two sacks and two hundred of meal the property of Michael FARRELLY.
Margaret M'MAHON, examined by Mr. SMYLEY--Recollects the night of 17th January; was in FARRELLY's house; was in bed; had slept; the house was broken into and four men came in; LYNCH the prisoner was one of them; he came up to the room and held witness's hands behind her back until the men took the sacks and meal from a box, when he went away; the meal ws then gone; and she did not see it afterwards.
zPrisoner declined asking any questions.
Michael FARRELLY examined by Mr. MAJOR--Lives at Tullyard; minds the night of the robbery; his house was broken into by some men, does not know how many as he was afraid to go up to the kitchen wher they were, but looked out on the window and saw a man going away with a sack on his back; knew by his voice that the man was LYNCH, as he said to some other person"guard the door and let no person out."
Defence.
Phill FARRELLY was examined as to prisoners character and gave him an excellent one.
The judge charged the jury who immediately found the prisoner guilty.
His Lordship addressed to this prisoner observations similar to those he addressed to BRIODY, (as LYNCH was also working on the public works), and sentenced him to seven years transporation.
Rose M'GORRY, Ally M'GORRY, and Dolly M'GORRY, and Catherine M'GORRY were indicated for neglecting John M'GORRY, a child of tender years given them in charge, by not supplying it with sufficient food to sustain life, thereby causing its death.
The principal evidence in this case was that of Dr. SHARPE and the police constable. The Doctor proved that he examined the body after death and that there was a total absence of food in the stomach, and only a few seeds in the intestine.
The constable proved that on the report, reaching him he asked if there was a death in the house, and they said not, but on further examination he found that the child was dead.
The jury found Rose M'GORRY guilty and acquitted the other three prisoners.
Sentence--Transportation for life.
George MANNING charged with rioting and unlawfully assembling and making a riot, and also with assaulting one Bernard TIERNEY.
Allowed to traverse in prox till next assizes.
James FITZPATRICK, Pat FITZPATRICK, John REILLY, and Michael CONNOLLY were given in charge of an indictment for breaking into the house of John HAZARD, assaulting him and carrying away a gun and bayonet, his property.
This case was tried at the last assizes, and reported at length in this journal at the time, so that the public are in possession of the chief features of the transaction; the jury were then unable to agree, and HAZARD and his wife have been in the care of the police since--they were the principal (in fact, the only) witnesses against the prisoners. Their testimony was nearly the same as that given by them onm the last trial.
HAZARD underwent a search cross-examination by Mr. MAJOR, Q.C., who afterwards addressed the jury in an able and energetic speech for the prisoners, concluding in the following words:--Gentlemen, outrages of the description now sworn to, the result of agrarian disturbance, are to be condemned and deplored, no matter when or where they may occur--they are dangerous to the properties, nay often to the lives of the people, and most destructive to the public peace--but, gentlemen, I would have you to remember that perhaps equally dangerous to, and no less destructive of the public peace--I mean the engendering of a class of informers who live upon this state of the country, and often thrive upon these disturbances; and to this class I think I may say to you that the witness, John HAZARD, belongs.
The Jury in this case also disagreed, and were locked up all night. They were called into court next morning, and having stated that there was no chance of their agreeing, they were discharged.
After some time, the Crown counsel entered a nolle prosequi on the pleadings, abandoning the prosecution, and setting the prisoners at liberty.
James COSTELLO and Edward REILLY were indicted for receiving a sum of money, the property of James MAGRATH, and having in their possession, knowing it to be stolen--the sum mentioned amount to about 8110.
James M'DERMOTT examined by Mr. SCHOALES, Q.C.-- Recollects the 22nd of February; was going to the fair of Ballymagauran; had £111 in his possession for the purpose of buying cattle--when about a mile from Killeshandra, was knocked down, and robbed of money and watch; knows COSTELLO--he is not one of the men who robbed him-- had a conversation with COSTELLO on the previous night; wanted to ask him would the fair be really held on next day-- COSTELLO said it would not, and asked him what he was going to buy--witness told him cattle; prisoner then said he knew where there was a fine store cow, and would go with witness next morning to buy her; next morning he said he could not go, but would shew witness the way--pointed the road to Mrs. M'GAURAN's; on his way there witness called at prisoner REILLY's house, and at about eleven o'clock was knocked down and robbed; saw one of the men who did it in REILLY's house; one man had a pistol; never saw the men since; saw some of the money since.
(Head-Constable DOHERTY here produced a bag of money. Witness examined contents, and identified four notes as part of the money which was stolen from him.)
Cross-examined by Mr. JOHNSTON, who appeared for COSTELLO--Knows COSTELLO a long time; found him a man of very good character.
Constable Denis MAGRATH sworn--Knows prisoner REILLY; went to his house, and found money in an old teapot--it was £7 in notes; gave it to H.C. DOHERTY; arrested prisoner--cautioned him in the usual manner, and after this caution prisoner told him he was there when he found the money, and said he got it fram a man named BRADY. Head-Constable DOHERTY examined--Sees the notes identified by M'DERMOTT--they are some of the notes witness got from MAGRATH; received more money from S. C. GRAY, £2 in notes, the same shewn to M'Dermott, but cannot positively swear they are his.
Sub-Constable GRAY--Went to Costelloe's(sic) house, found £1 on his person; shewed the note to M'DERMOTT; gave it to H. C. DOHERTY; M'DERMOTT refused to identify them.
John KNOX, constable--Went to Costelloe's house and found a pistol, which he produced.
This closed the case for the crown.
Mr. JOHNSTON offered no evidence for defence, but submitted there was no case against his client COSTELLO, of whom M'DERMOTT gave a very good character.
The Jury acquitted COSTELLOE, and found REILLY guilty.
His Lordship sentenced him to seven months imprisonment, with hard labour.
The Court adjourned to next day.
WEDNESDAY, MARCH 3
Judge TORRENS entered the Court this morning shortly after nine o'clock, and took his seat on the bench. The panel being called over, and a most respectable jury sworn, Philip REILLY, Patrick REILLY and Owen REILLY were arraigned and indicted for the murder of William LANG. The first count charging one of the prisoners with having inflicted a mortal wound upon his head with a stick, the other two being aiding and assisting; and a second and third count charging each of the other two severally, as the person who inflicted the wound, the remaining two being aiding and assisting.
Mr. DOHERTY addressed the jury on the part of the Crown, in nearly the following terms--Gentlemen of the Jury, it is my painful duty to address to you a few observations upon the leading features of the unfortunate transaction which has given rise to the present trial. My observations shall be few and brief, for although the transaction has been most melancholy in the result, it is not complicated in the detail; and as I am instructed, will be placed before you in such a clear manner, by evidence the most conclusive, that I think you can have no doubt on your minds that the prisoners at the bar are the three men of whom one really and truly inflicted the blow by which William LANG was deprived of life--the others being present aiding and assisting. Gentlemen of the Jury, the deceased was an humble and industrious man, of a class which is very numerous in this country, I mean a small farmer possessing three or four acres of land, and living at -----in this county. On the 13th of February last, he (in company with his wife) repaired to the fair at Ballyconnel to sell a cow; he did not sell her, but in the evening sent her home by a friend. After his wife returned home. At night they retired to their bed, after fastening the door and securing the house in the usual manner. Gentlemen of the Jury, in the dead of night, or early in the moning, which was Sunday morning, deceased was roused by a great noise at his dwelling, and also immediately after, his house was broken into; he started from his bed, rushed into the kitchen, and there found three men, which stunned him. Gentlemen, the principal evidence in this case is the wife of the unfortunate deceased, and as I am instructed, she will prove to you, that immediately after this blow was struck, the prisoners at the bar, (whom she then knew,) came up into the room where she was, her wounded husband following, she will tell you, gentlemen, that immediately after his comng in, he received another blow, (she herself being struck also,) and that, gentlemen, was a sure and fatal one, for it was mortal. After receiving that blow LANG never spoke, as he died in some few hours. During the time that the persons who inflicted it were in the house, they never uttered a word--t heir only object seemed to be murder, and having accomplished that object that went away. As I mentioned to you before, gentlemen, the facts of this case are few, but still it is a most important one--important above all to the prisoners at the bar-- and important to you in the duty you have to perform; for I need hardly say that the prisoners were the persons who entered the house of LANG on that night, and inflicted the wounds which deprived him of life, however painful it may be to your feelings, you are bound by your oaths to find them guilty; but, gentlemen, it is my duty to say to you also, that, if after hearing the entire evidence, you have upon your minds a reasonable doubt that the prisoners are not the persons, you are no less bound to give them the benefit of that doubt, and acquit them.
The first witness called was Eliza LANG, examined by Mr. SMYLEY, Q. C.--Her husband's name was Wm. LANG; he lived at -----, in this county; he is now dead; he was alive on the day of the 13th of last month; he was at Ballyconnell fair on that day; witness went with him; they went to sell a cow; did not sell her; returned home the evening; witness and her husband retired to bed at the usual hour; the door was barred; they were disturbed in the night by a great noise; the door was driven in; her husband went down to the kitchen; the house has only one room and the kitchen; there were three men then in the kitchen.
Mr. SMYLEY--On your husband going into the kitchen, what did the men do?
Witness--The men then fell on him.
Mr, S.--What did they do to him?
Witness--They struck him with a staff; witness remained where she was until the candle was lighted; she had no candle lighted; the men had the candle, and one of them lighted it.
Mr. SMYLEY--Do you know the man who lighted the candle? Witness--Yes. Who was it? Pat REILLY (Here Witness identifies Pat REILLY, one of the prisoners, as the man who lighted the candle); knew the other two men also (identifies Phill and Owen), these are the other two men who were there--they had staffs in their hands; neither of the men spoke; witness still remained at the room door until the men came up to the room; one of them struck witness also; cannot tell which struck her; in the room the deceased was struck again, and knocked down.
His Lordship, to witness--Was that the first time he was struck? Witness--No; he was struck first in the kitchen and secondly in the room; deceased then crept into bed; neither party spoke; the men only remained a few minutes; they struck deceased immeiately on entering. Witness knew the prisoners; they were dressed in their usual dress, except Pat, he had on a blue coat; had known them all a good time; Phill's father had been a tenant of her husbands father; saw prisoners next at a certain place in Belturbet; witness was brought to that place; it was the police barrack; Mr. PHILLIPS the magistrate was present; two of them had on the same dress they had on that night; saw them next day and pointed them out as the men; witness had, or has now no doubt of them; the first person who came in, in the morning, was a girl; HARRISON the constable was the first policeman who came in; many of the neighbours; none of the prisoners came in; witness slept next night in the house, some of the neighbours remaining with her; her husband only lived from Sunday till Monday; was attended by Dr. WADE; he never spole after the men went away; never was sensible at all after.
Cross-examined by Mr. MAJOR, Q.C.--Mrs. LANG, are you aware that these three men are on trial for their lives? Yes.-- And on your evidence to? Yes. Was it on a dark night, or on a light night this occurrence took place? It was a middling light night; it happened just before day.--Had you slept any before the noise--Yes, we had slept, and were awakened by the noise.-- Had the men anything in their hands, only the sticks you told us of? Nothing that I could see, only the sticks--Did you ever tell any person thay had a stone-hammer? I never did.--Your husband was a quiet, harmless, inoffensive man? Indeed he was-- And on good terms with the prisoners?-- Yes, a while ago.-- I mean before this happened, they were on good terms? Oh Yes.-- Phill REILLY lives very near to you? Yes--You were on the same terms with him as with the other neighbours; in fact, had he not on that very day lent you an ass? No, he had not, but we were on good terms.--You were also on good terms with the other two? Just the same.--You say that Pat lighted the candle? Yes.--You had the most opportunity of seeing Pat? I had.--I believe in a short time after the candle was lighted you were struck yourself? Yes I was.--Phill was not in his ordinary dress you say? he was not.--How was he dressed? He had on a frieze coat and a cap.-- You saw the magistrate on Sunday? I did.--The prisoners were then arrested? yes they were.--Did you point out Phill? I did.-- Did you ever at all say you were mistaken about Phill? I did not.-- Now Mrs. LANG, you are on your oath, and I again ask you by virtue of that oath did you ever make a mistake about Phill as being one of the men? The witness in answer to this said, she had been threatened. Being confused, in consequence--or afraid-- that she had said something to that effct. (As she spoke in a very low tone, we could not distinctly hear what it was).
Mr. MAJOR--Was Phill discharged in consequence of what you did say? No he was not.--Did you see him leave a room in which the other men were? I did not. Did you hear Mr. PHILLIPS say anything about his being discharged? No.--Did you ever say the man was not so tall a man? No.--At the barracks in Belturbet, Mr. PHILLIPS, the police, and the prisoners were present? Yes, they were.--You in fact came on Mr. PHILLIP's car; I did.--The prisoners were then arrested? Yes.--Where then were you threatened, was it at your own home? Yes it was.
His Lordship said the trial could not go further until it was clearly shown what witness did say about Phill different from the others.
After putting the question in a variety of forms to witness, Mr. MAJOR got from her this answer: that she said she thought Phill was not the man, but she did not say that he was a taller man than the man.
Mr. PHILLIPS sworn and examined--Is a magistrate of this county; about 10 o'clock on Sunday morning heard of this outrage; went immediately to the place; a good many people were there; the last witness was there also; saw LANG, he was insensible; asked Mrs. LANG how it happened; asked her did she know the persons; she said "she did not think she did," witness then said he was going to church and would call again; afterwards sent an express to the police, and witness went home; left Dr. WADE in attendance; the police after some time came for him and he went again; the prisoners were then arrested; saw Mrs. LANG then also; witness said a good while; took her informations as she said she had suspicions; witness then sent for a Bible and swore her-- when she said, "this is a different thing now, this is the first oath I ever took," then she named the prisoners; prisoners had not been brought before her then; witness sent them into Belturbet; and on next morning brought in Mrs. LANG; showed the prisoners to her; first brought in Phill and asked her was that one of the men, she said "he was not;" the other two were then brought in, and witness asked her if they were two of the men and she said "they are not;" after they left the room witness said-- "Mrs. LANG this is very extraordinary, you have sworn on last night against these men, will you now swear they are not the men, she said "I think not," and witness committed them on her first information;she seemed in a state of great excitement and terrified.
By his Lordship--But I suppose you gave her assurance of safety?
Witness--I did my lord.
When witness went first to LANG's on Sunday there were a great many people there; LANG was then supposed to be dying.
Mr. MAJOR declined to cross-examine Mr. PHILLIPS.
Constable HARRISON examined by Mr. DOHERTY--Is a constable of police; recollects the 14th of February; went on that morning to LANG's house; saw LANG in bed; saw his wife also; witness asked her about the persons who did it; she seemed reluctant to say anything--but in consequence of something she did say, witness went to Philip REILLY's; he was in the house, and no other person with him except a child which he had on his knee; left a policeman in charge of him; and went back to LANG's then waited for Mr. PHILLIPS for advice and assistance; went to KELLS barn and found Patt REILLY in it standing near the door;witness asked him "where he spent the night," KELLS replied "in Belturbut in Mick FITZPATRICK's who lived above the police barrack;" witness said he did not know such a person; REILLY said, "he is not long living there;" witness then arrested him; went next to James REILLY's to look for Owen REILLY; did not find him there, but i n a little time found him standing on the road, at a place where it was cut away; he had on a worn whitish frieze frock and a cap.
Cross-examined by Mr. BOYD--You arrested one man in KELLS' barn? Yes.--At what hour? It was after night.--You found them all rather near your hand? I did.--It was not far from LANG's house where you found them? No.
Dr. WADE was then called, but his lordship said it was not necessary to examine him.
Mary KELLS, examined by Mr. SMYLEY--Knows where William LANG lived; went on the Sunday morning in question to his house; went in at the widow; saw LANG; he was insensible; the neighbours came in after; knew LANG and his wife a long time they lived on very good terms.
This witness was not cross examined.
The case for the crown closed here.
Mr. MAJOR, Q.C. was about to address the jury when he was interrupted by the learned judge asking him-- "did he consider it necessary to make a speech at all, or would he let the case stand as it was, resting on the inaccuracy of Mrs. LANG with regard to one of the prisoners."
Mr. MAJOR, Q.C. said it was very pleasing and agreeble to him to stand in the position he did, after what had fallen from his lordship; and he could assure the Court that no matter how the case was attempted to be sustained his clients, the prisoners at the bar, had as clear and complete a denial to give to the charge as was ever given in a court. My lord, continued Mr. MAJOR, I could, in this case, rest my defence on three separate grounds. I might first say there was no case made out at all; I might call attention to, and rest on the strongest fact of Mrs. LANG's denying any knowledge of the men, at a moment when she should have most positive knowledge, or might, my lord, rely upon the most excellent character of the prisoners at the bar. My lord, they are persons of the highest respectability, and on their behalf, I must say, that charges of such a grave and serious nature as the present should not be lightly or hastily preferred against such men as they are. I do not, mean by these observations to cast any blame on the learned gentlemen concerned for the Crown; but I must say, that it is most extraordinary, that on the morning after this unfortunate transaction took place--after the magistrate had been at the place--and when this Mr. Constable HARRISON, as he has been called, comes.
Mr. SMYLEY here interupted the learned gentleman, saying that on the part of the Crown he must protest against any observations being made to the police, or any person concerned in the case.
Mr. MAJOR then commenced the defence, and called
William LANG examined--Is a relative of deceased; recollects the morning he was killed; went to his home between eight a nd nine o'clock; found him insensible; asked his wife did she know the persons who did this, and she said she did not.
Cross-examined by Mr. DOHERTY--You went there between eight and nine o'clock in the morning? Witness--Yes. Many people present? A good many. You put the question to her before these people? I did. You put it in a general way? Yes. She did not describe them to you? No.
By the Court--Can you name any of the persons who were present? I can, my lord, KELLS and his wife, Mrs. LAURENCE and myself, were in it together.
The witness gave prisoners a good character.
Mr. MAJOR then successively called up George LAURENCE, David MORTON and Daniel KELLS, but their evidence was in effect the same as William LANG's, each having heard at LANG's on the morning after the outrage, and having heard Mrs. LANG say she had no knowledge of the persons who did it; each, also, gave prisoners a good character.
James BERRY, Esq., examined by Mr. MAJOR--Knows the prisoners ten or twelve years; they are all peaceable, honest, quiet and well-disposed men--Case closed here.
His Lordship charged the jury at great length, recapitulating the evidence at lenth (sic) and comments in the most clear and forcible manner upon every point of it.
The issue paper was then handed to jury, and in about one minute returned.
Clerk of the Crown--Have you agreed to your verdict? We have.
How say you, is Phillip REILLY, Patrick REILLY, or Owen REILLY, or any of them, guilty of the felony and murder given you in charge or not.
Foreman--They are not guilty.
The Court was densely crowded during the trial, and as the prisoners were very respectable there were some manifestation of applause by their friends, which were immediately suppressed.
The Assizes terminated with this trial.
RECORD COURT - SATURDAY
The Hon. Baron PENNEFATHER came into Court at ten o'clock, and commenced trying appeals; 41 were entered for trial, 15 settled, and the great majority of these tried were affirmed.
MONDAY
There was only one Record trial at these assizes, which possessed little or no interest. The following is a brief outline of the case.
Lessee FARRELLY v. GROUNEY
It was an ejectment on the title, for the restitution of a farm of land, situate near Virginia, part of the estate of the Marquis of Headfort. Some six years ago the Marquis of Headfort brought an ejectment against the owners and occupiers of these lands for non-payment of the head-rent arising thereout, serving all persons whom he conceived had any interest therein, and after having evicted all the tenants then in possession, or claiming any interest therein. His lordship relet same to the present defendant, GROUNEY, who remained in the quiet possession there, until the present time, when the plaintiff, FARRELLY (who stated that he had been in America, and heard nothing of the ejectment and eviction for nonpayment of rent, by the head landlord) brought the present ejectment alleging that he derived an interest in said lands, in right of some deed or family settlement, although same is not of record in the Registry Office, Dublin.
The Jury being unable to agree were discharged by the Court-- so the matter rests for the present.
Baron PENNEFATHER, after the disposal of this record and civil bill appeals, proceeded to assist Judge TORRENS in trying Crown cases.
March 12 1847
DARING HIGHWAY ROBBERY--On Thursday night last, Mr. CAULFIELD, the confidential clerk of Mr. W. V. RYAN, proprietor of the flour mills near Emyvale, was attacked by some ruffians within a few yards of his own house, and robbed of money to the amount of £200. Mr. CAULFIELD was struck from behind with a stone, and rendered incapable, though armed, of making any resistence. The police have been on the alert, but as yet no trace of the robbers can be found. Monaghan Standard
ARMAGH ASSIZES-- Peter MAGILL, who, as our readers will recollect, has been twice tried for the murder of Christopher JORDAN, and in whose case the jury had each time disagreed, was placed at the bar, charged with having burglariously entered the dwelling-house of the deceased man, Christopher JORDAN. This was the case in which the court, on former occasions, was obliged to witness the revolting exhibition of the son being the principal evidence against his father. The Crown at this assizes took the more prudent course, without abandoning the former indictment for murder, of trying the prisoner for burglarly in the house of the deceased. The prisoner pleaded guilty, and was transported for life.
STATE OF THE COUNTRY On the 6th inst., four men, with their faces blackened, and two of them having pistols, broke ino the dwelling-house of Mr. John REILLY, a pensioner, living in Drumlaragh, near Killishandra; when they entered they lighted a candle, went to his bed-side and demanded his money; they then broke open his box; and took therefrom £7 10s. in notes, that was concealed in his wife's pocket, and lying in the box.
On the night of the 8th instant, ten sheep, the property of Mr. Alex CLEMENGER were killed on the lands of Cranaghan and the carcasses carried away by some person or persons unknown, leaving the skins and heads behind.
DEATH FROM PRETENDED DESTITUTION--On Saturday last, the 6th instant, a man of the name of M'INTYRE dropped dead, apparently from starvation, while engaged on the Public Works at Moynehall, in this county. So destitute did this man's condition appear, that his fellow-labourers were actually raising a subscription to purchase him a pair of shoes. After his death the sum of 4l.was found tied in his neckcloth.
Two men dropped dead in the streets of Kells in the course of the past week, an inquest was held, verdict--died of dysentery caused from destitution, notwhithstanding that one pound six shillings was found on the person of one of them. Both were strangers.
On Tuesday night, about the hour of eight o'clock, the house of Mark DALY, of Deracramp, near Cavan, was entered by four men, who lit a candle and commenced searching the house for money; they broke open trunks and a desk, without getting the money; they were armed with pistols, and threatened the inmates with death if they resisted or made a noise, there were two females and one man in the house, the owner being absent; when they could not get the cash they left the house; DALY sold his land a few days before, he being about to emigrate,and fortunately lodged the money in the Bank, but they conceived he had it in the house.
On the night of the 8th inst., at about 10 o'clock as the mail coach was passing between Cavan and Virginia, within 3½ miles of the latter town, two stones were thrown from a field one of which struck the driver on the sde, the other struck one of the passengers, a Mr. ROPER.
Mr. Edward CAFFREY, of Drumcrow, under Agent of Mrs. WARREN, of Bruice-hall, received a threatening notice through the post-office, on the 2nd instant. Many of the words are erroneously spelled through design. The notice is evidently the production of a person of intelligence. It concludes thus:-- "If you love danger, you will die by it. Persevere, and your eternity is at hand. If you go contrary to this, make peace with God, for your end is come. You never will get any warning except this.--Now, do as you like."
On the 6th instant, as Mr. Andrew ARMSTRONG, of Mully nagolman, was returning in a car, with his wife, to his residence, and in the townland of Aghnacreevy, snapped a pistol at him, but it did not go off. Mr. ARMSTRONG drove on, but the man ran after the car and snapped the pistol a second time.
HOUSE BREAKING--On Wednesday night last, the shop of Henry MAXWELL, of Bailieborough, was broken into. The entrance was effected through the shop-door, one of the panels having been forced out. The instrument used by the burglar upon the occasion seems to have been a wheelright's tool called a "bracing bit" by which the panel was closely perforated in two perpendicular lines, about fifteen inches apart, and eighteen inches in length. The wood being consumed by this process, the panel was afterwards easily removed. The amount of property abstracted has not been ascertained, nor has any information, so far as I am aware of, been received, which would lead to the detection of the perpetrator. This is the second or third attempt which has been made upon Mr. MAXWELL's house for some short time back. From these, and similar attempts of a like nature, committed laterly in and about Bailieborough, it is surprising tht a "Watch" is not established to perambulate the streets during the night. It were well if one or two of the police stationed in town would remain out on patrol during the night. This course would effectually suppress those burglaries, which independent of the losses sustained by the plundered parties, are calculated to produce upon them and their families feelings of terror and alarm which very often lead to fatal consequences.-- From our Bailieborough Correspondent.
On the 10th instant, between the hours of 10 and 12 o'clock at noon, the house of Patrick KELAHER of Calra, near Bailieborough, was broken into and 5 yards of frieze, 2lbs of butter, and £2 15s. stolen therefrom. There was no person in the house at the time.
During the last few weeks several burglaries have been commited in the neighbourhood of Drogheda and the adjacent counties, by a gang of fellows, who seemed to be every day acqiring more andacity from success. One of the gang, disappointed in his share of the spoil, gave information to Captain DARCY, Sub-Inspector DUNLEER, of a robbery commited at Kieran's Cross, and on Thursday Captain DARCY, with Head-constable COE and the Drogheda Constabulary, proceeded to the houses of the persons indicated, and succeeded in arresting four--John REILLY, William BRADLEY, John M'CONNIN, and Pat. MATHEWS; a ll residing in Drogheda. In each of the houses were found some a rticles of wearing apparel similar to the articles which had been stolen.-- Droghega Argus
EMIGRATION--TEXAS. The following notice has been issued by order of her Majesty's Colonial Land and Emigration Commissioners. We publish it as highly interesting and important to persons intending to emigrate to Texas:--"Emigrants are warned, that her Majesty's vice- consul at Galveston, in a despatch dated the 6th of January last, states that from the experience of six years' residence in Texas, he does not hesitate to pronounce that certain statements which have recently appeared respecting the salubrity of the climate, the fertility of the soil, and the richness of the mineral productions of Texas, are greatly exaggerated, and that there is a melancholy evidence of the fact, in the misery suffered by many of the emigrants attached to the German emigration associations. He further expresses a conviction that if British subjects should be induced to emigrate to Texas, they will probably encounter sickness and destitution."-- Liverpool Mercury.
THE IRISH PARTY--There was a meeting of the Irish Party held on Monday. Nearly four hours were consumed in discussing Mr. Stafford O'BRIEN's proposition for adopting the English poor law. Every member present having delivered his sentiments, it was resolved that the English system could not be be justly, or even possibly, introduced without modification into Ireland.-- Freeman.
COUNTY OF MEATH MILITIA--Arthur Henry DILLON, Esq., of Lismullen, to be Captain. Commission dated 30th December 1846.
BIRTHS
March 3, Astley Castle, Lady Mary HEWITT, of a son.
March 5, at Orton Longueville, the Countess of Aboyne, of a son.
March 1, at Sandwell, Staffordshire, the Countess of Dartmouth, of a daughter.
March 8, at Lismacue, the lady of Hugh BAKER, Esq., of a son.
MARRIED
March 3, at the Meeting-house of the Society of Friends, Lurgan, County Armagh, in accordance with the peculiar formula of rites of the Society, Isaac CHAPMAN, of Richhill, same county, to Anne MITTON, of Cootehill, county Cavan.
At Bombay, W. YOUNG, Esq., of her Majesty's 22nd Regiment, to Frances, relict of Captain HOLT.
March 4, the Rev. George ROBINSON, to Charlotte Augusta, daughter of the Hon. A. G. STUART, of Lisdhu, Tyrone, and niece of the Earl of Castlestuart.
DIED
On this morning, of Annagh, at the residence of her brother, Dr. O'REILLY, Miss M.O'REILLY, deservedly regretted.
March 1, at Killashee, county of Longford, the Reverend Richard PRICE.
March 1, Morgan KAVANAGH, Esq., of Redacres, county Kilkenny, grandson and heir to the late Morgan and the Lady Frances KAVANAGH, of Ballyhale.
TOUSIST--On last Saturday, 30 persons where taken to the burying ground, many of whom had been kept in for a week or upwards, waiting for assistance to take them to the grave.
March 19 1847
COUNTY OF CAVAN
An Alphabetical List of Applications for
THE REGISTRY OF VOTERS
Lodged with the Clerk of the Peace, Pursuant to 2 & 3
Wm. IV, CAP 88, FORTo be heard and inquired into at CAVAN on WEDNESDAY, the 31st of MARCH inst., at the hour of 9 o'Clock, A.M., by and before P. M. MURPHY, Q.C., Assistant-Barrister for said County.
(The information below has been converted from columns; column headings listed below; each column divided by "/".)
HEADINGS:
No., Name, Description and Residence of Applicant/
Description of Property/
Where Freehold situate/
Right in which Registry claimed/
Barony/
Value Yearly (£).NOTE:
H&L = House and Land(s)
H&T = House and Tenements1. ARMSTRONG, Andrew, Mulnagolman/ H&L/ Mulnagolman/Leaseholder/ Lr. Loughtee/20.
2. BURROWES, Chris., farm., Derryheen/ H&L/ Freeholder/ Up. Loughtee; 10.
3. BRADY, Pat., farmer, Nth. Kildallen/ H&L/North Kildallen /Leaseholder/Tullyhunco/10.
4. COLLINS, Rev. Henry, clerke, Gradam/H&L/Gradem/ Freeholder/Castleraghan/10.
5. CLEMENGER, Wm., farmer, Farragh/H&L/Farragh/ Freeholder/Up Loughtee/10.
6. CONLIN, Bernard, do., Drumanybeg/H&L/Drumanybeg/ Leaseholder/Lr. Loughtee/10.
7. CRAWFORD, Sam., merch. Killesandra/Houses/Main street of Killishandra/Freeholder/Tullyhunco/20.
8. DUNBAR, John, Hotel-keeper, Cavan/Lands/Swellan & Drumeelis/Freeholder/Up. Loughtee/10.
9. ELLIOTT, John, farmer, Condry, Cavan/H&L/Condry/ Freeholder/Tullyhunco/10.
10. FOSTER, Abraham, do., Killifassy/H&L/Killyfassy/ Freeholder/Clonmahon/10.
11. GRAHAM, Robert, do., Corracanway/H&L/Corrancanway/ Freeholder/Up. Loughtee/10.
12. GRAHAM, Thomas, do. do., Corracanway/H&L/ Corrancanway/Freeholder/Up. Loughtee/10.
13. HEASLIP, Joseph, do., Moher/H&L/Moher/Freeholder/ Up. Loughtee/10.
14. HEASLIP, Benjamin, do. do., Moher/H&L/Moher/ Freeholder/Up. Loughtee/10.
15. HIX, Richard, do.,Drumbullion/H&L/Drumbullion/ Feeholder/Tullyhunco/10.
16. KENNY, Thomas, do., Belven/H&L/Farnadawley/ Freeholder/Up Loughtee/10
17. KENNY, Charles, do., Tullyloch/H&L/Tullylocy/ Freeholder/Up. Loughtee/10.
18. MULLIGAN, Ralph, do., Aghalocan/H&L/Aghacolcan/ Freeholder/Castleraghan/10.
19. MORRISON, Humphrey, do., Lacken/H&L/Lacken/ Freeholder/Clonmahon/10.
20. MORRISON, John, do., do./H&L/Lacken/Freeholder/ Clonmahon/10.
21. MERVYNE, Robt., shoe-maker, Cavan/H&T/Bridge-st. and Main-st., Cavan/Freeholder/ Up. Loughtee/20.
22. MURRAY, John, Watch-maker, do./H&T/Main-st. Cavan/Freeholder/Up. Loughtee/10.
23. OWENS, John, farmer, Gradam/H&L/Gradam/Freeholder Castleraghan/10.
24. PILE, Henry, gentleman, Dublin/H&L/Drumbee/ Freeholder/Castleraghan/20.
25. PILE, Richard, farmer, Kiffagh/H&L/Kiffagh/ Freeholder/Castleraghan/10.
26. PARKER, Joseph, do., Derry/H&L/Derry/Freeholder/ Castleraghan/10.
27. REBURN, John, do., Cloggagh/H&Ls/Cloggagh and Teevenaman/Freeholder/Castleraghan/10.
28. SPINKS, Christopher, do., Gradam/H&L/Gradam & Derry/ Freeholder/Castleraghan/10.
29. STRONG, Robert, do., Clonohan/H&L/Clonohan/ Freeholder/Clonmahon/10.
30. STRONG, Oliver, do., Moydreston/H&L/Moyderston and Aghakilmore/ Freeholder/Clonmahon/20.
31. SMITH, Robert, do., Dunaweel/H&L/Dunawell/ Freeholder/Tullyhunco/10.
32. WATSON, Wm., do., Gradam/H&L/Gradam/ Freeholder/Castleraghan/10.
33. WOODS, Orange, do., Clonlohan/H&L/Clonlohan and Aghakilmore/Freeholder/Clonmahon/20.Gustavus Tuite DALTON,
Clerk of the Peace for the County of Cavan.
Cavan, 11th March, 1847
LOCAL INTELLIGENCE
(From our own Correspondent)Joshua TRIMMER, Esq., has been appointed Inspecting Officerof the Cavan Union, in the room of Major TOWNSEND, who has been removed to Newbliss, county Monaghan, as Inspecting Officer of the Clones Union, and Lieut. CRAWFORD as Inspecting Officer of Cootehill Union.
The Treasurer of the Cavan Relief Committee acknowledges the following subscriptions: Samuel SWANZY, Esq. 1l; Mr. Edward PHILLIPS, 2l. 12 s. 6 d.; Mrs. BATTERSBY (produce of fancy work), 1l. 10 d.
GUN-BURSTING--(Birmingham to wit)--We have to record another melancholy, though fortunately, not fatal accident that has followed in the acquisition of one of those recently imported instruments called Guns, that are now in the hands of every Irishman. The razor-seller was candid enough to declare to Peter PINDER, that "his razors were not made to shave--they were made to sell," and much loss of life and mutilation of the body and limbs would have been spared, if the auctioneers and other persons who are hired to carry on this dangerous trafic, were to have the honesty to place a placard over these destructive wares, to that effect:-- "These are not to be fired out of." On Tuesday morning, a lad of the name of M'CORMICK, residing at the cross- roads of Castletara, in the county of Cavan, had the misfortune to fire off one of these miscalled guns--an exploit more to be dreaded by the gunner than the gunnee.-- It burst and tore his left hand in a frightful manner. The left thumb was blown completely off, and his fingers dreadfully mutilated. He lies in the Cavan Infirmary. M'CORMICK was employed on the public works.
STATE OF THE COUNTRY
On the night of the 11th inst., as Mr. T. BOYD, a highly respectable tenant of Sir. W. YOUNG's and a road contractor, was returning from the town of Cavan with 17l. in his pocket, which he had received for road work, one of three men whom he had met on the road at Drumbannon near Sir Wm. YOUNG's gate, attempted to trip him up. He made his escape into Sir William's gate-house, and remained there for half an hour. On leaving it, he borrowed a gun and a pistol, both loaded, from the gate-keeper. When within view of his own house, he perceived five men immediately before him, standing at a gate through which he had to pass. On seeing him they moved forwards. He told them to stand off, or that he would blow the contents of the pistol through them, and as they still continued to advance, followed up the threat by pulling the trigger. The pistol missed fire. BOYD dropped it, and seizing the muzzle of the gun with both hands, knocked one of the robbers down with the but, breaking the stock off at the lock. One of the gang presented a pistol at him, which he grasped and pushed from him, when it went off, the contents breaking the little finger of his left hand. The party then rushed in on him, threw him, and taking the 17l.from his pocket, immediately went off. BOYD does not know any of the praty against whom he made so gallant a resistance.
Two cows, the property of J. GODLEY, Esq., of Killigar, were stolen from a cow-house, in Hockwood, on the 18th inst.
A party of 15 or 20 armed men broke into the houses of Anne FAY and Philip TULLY, in the parish of Drung, and robbed the former of 29l. in cash, 1 cwt. of Indian meal, and two sacks of oats, and the latter of 2s. 10d. in cash, 120 stone of oats, and some india meal.
A man named John MONAGHAN of about 45 years of age, was killed by a blow of a small stone thrown by a little boy about 14 years old in the town of Kells on Sunday morning last. An inquest was held, verdict--accidental death, caused by the blow of a stone.
A man named MATHEW from Loughan, was arrested on Friday evening last in the town of Kells, by Head-constable CRYSTEL and identified as one of the party that robbed Mr. MASTERSON of Cortown on Sunday night the 28th February last. Great praise is due to the constable, who, before any of the police came to his assistance, received many severe blows, had his face torn in the most frightful manner and knocked down several times in the prsence of a large crowd, none of whom, though called on by the constable, came to his assistance; still he held him fast till he lodged him securely in the bridewell. He has since been committed to abide his trial at the next assizes at Trim. He is supposed to be the leader of a numerous gang of robbers that have committed great depredations in this neighbourhood during the winder.
On the day of the coursing at Fianstown, a gang of poachers from Kells availed themselves of the absence of the keeper on the coursing ground to visit Broadland wood, part of the Headfort demesne, and succeeded in abstracting every hare from it. They must have got 40 pusses at least. One man--a notorious and incorrigible poacher who has been several times in Trim gaol for similar offences--was caught by one of the wood-rangers with a hare on his back in the demesne. He has been summoned before the magistrates.
INQUEST AT NAVAN
An inquest was held on view of the body of Mrs. Mary HENRY, in the county of Meath Infirmary at Navan, on Monday, the 15th of March instant, by William THOROGOOD, Esq., coroner for the county.
The following jury were sworn:--Mrs. William WELLS, foreman, Messrs. David FOLY, Thomas M'CAUL, John GAYNOR, James M'KENNA, Joseph MURRAY, James SMITH, Martin FARRELLY, Thomas REILLY, John REILLY, and Nicholas CLARKE.
This inquest, although report went to say it would be held, was not generally expected, for although the subject, who was respectable, met with a fracture of her right thigh, which it appears occurred in the house of John THOMPSON, Esq., J.P., of Rathnally in this county, whom she served as housekeeper, by (as she repeatedly declared) an unprovoked and totally unexpected assault upon her by Mr. THOMPSON's butler, who is his constant attendant, and in that capacity an essential person; yet knowing well the wants, necessities, and desires of his long afflicted master, labouring under a debility requiring some such sagacious, and as he is deemed to be, faithful man, she could not be induced to lodge informtions against her assailant, who she also declared had struck her on the head with a candlestick, whereby she fell on her right side in the kitchen and met with the fracture. This unwillingness to bring the man before the law authorities she accounted for by a declaration of her tenacious attachment to her master, and repugnance to any step on her part which might cause to him pain or inconvenience, or at all disoblige Miss THOMPSON, his sister, resident at Rathnally.
Before the jury had been sworn some preliminary conversations took place between Mr. Geoge REYNOLDS of Navan, son-in-law to the deceased. The Rev. Bobt. THOMPSON, Clerk, Rector of Navan, and Mr. THOROGOOD.
REYNOLDS, at whose instance, it appeared the inquest was called, complained that he had given notice to the head-constable to bring witnesses from Rathnally-house, but this was not done. A delay was then consequently apprehended, and Mr. WILLS, the nominated foreman, suggested that after the examination of the Dr., further evidence might be gone into on a future day, that (not being yet sworn) as he had on that day, urgent business to Trim, and more than a sufficient number of competent persons were then in attendance, his presence might be dispensed with, which Mr. THOREGOOD refused to grant, but as he was informed that Mr. GERRARD and Mr. ROTHWELL were in town, he would resign the power to hold the inquest to Mr. GERRARD and any other magistrate, both of whom, at the suggestion of Mr. THOMPSON, be sent for, which message REYNOLDS bore to the court-house where these magristrates were engaged, and REYNOLDS having returned with Mr. GERRARD's request of an immediate summons, the coroner filled one for Biddy COWLEY, ktitchen-maid in Rathnally house whom REYNOLDS promised to have before him in about an hour and a half as he would engage a jaunting-car for the purpose. He then asserted that Miss THOMPSON was a necessary evidence as knowing all the circumstances of the assault. The coroner would come another day to meet Miss THOMPSON's convenience if her evidence were found to be indispensably necessary, and could not view the proceeding now in any other light than a vindictive spirit on the part of REYNOLDS.
On REYNOLDS (who appeared warm) coupling Miss THOMPSON with the kitchen-maid, the Rev. Mr. THOMPSON became a little indignant, and on REYNOLDS ejaculating "O! Mr. THOMPSON, Mr. THOMPSON!!" in a manner and attitude expressive of some withheld idea. The Rev Gentleman desired him not to dare to attempt any insinuation with regard to him. He could swear Miss THOMPSON knew nothing more of the matter than he (Mr. T.) did, and that was hearsay. And after the jury had been sworn, and Thomas GERRARD, Esq., J.P., by Mr. THOROGOOD's invitation attended, and was with him, by his request, proceeding in the examination of Surgeon F. D. HAMILTON upon oath, who is principal in the infirmary, the Rev. Mr. THOMPSON took the opportunity of requesting to be heard whilst making a few observations. He then proceeded with a short and very energetic address, by which he impressed upon the auditory and jury not only his total absence from an incapability of throwing a veil over any matter then before them, but that he did not yield either to Mr. GERRARD or even to the coroner himself, in his wish for an investigation.
Surgeon HAMILTON examined--Is surgeon of the county Meath Infirmary; deceased (Mary HENRY came in on Friday the 5th of February last, suffering under a fracture of the right thigh bone, and he could not perceive any other injury; deceased stated she received a blow of a candlestick on the head from the butler at Rathnally, whereby she fell on her thigh in the kitchen which caused the fracture; she did not recollect whether there was any person present or not; her thigh was fractured two days before she came into hospital; saw her almost every day; saw her on the day of her death; then a conversation with her, and she thanked him for his kindness and attention, saying she would be up on Sunday following; she died on Friday the 12th of March inst., and on Saturday the 13th, at the request of her son-in-law (REYNOLDS) he made a post mortem examination, and found a rupture of one of the large blood-vesssels at the upper part of her chest, though which blood had passed out by the opening of that vessel; the bursting of the blood-vessel had no connexion whatever with the injury received; and further, he opened the head and found the brain healthy; no injury of the bones of the head or the scalp; found all the intestines healthy; is of opinion that the injury to the thigh is not directly or indirectly the cause of her death.
Coroner to Mr. GERRARD--It rests with the persons requiring this inquest, to say if they are satisfied with Dr. HAMILTON's testimony, or if further evidence would be required.
REYNOLDS said--He was perfectly satisfied with the testimony which Dr. HAMILTON had given, and required no further.
The Coroner briefly addressed the jury, when they found that "the said Mary HENRY came by her death in the county of Meath Infirmary, on Friday the 12th of March instant, in consequence of a rupture of one of the large blood-vessels of the upper part of her chest.
INSOLVENT COURT--March 15.
William H. CURRAN, Esq., Commissioner sat in the Court- house Cavan, at ten o'clock, and disposed of the following cases:--
Hugh M'KEON and John CAMPBELL, discharged; James COURTNEY, petition dismissed; Catherine KING and Bernard DELANY, discharged; Daniel LEE, adjourned to next commission; John M'CABE, discharged; John DONOHOE, order for hearing discharged; Edward NICHOLLS, Francis MAGUIRE, and Peter TOGHER, discharged; Felix SHERIDAN, petition dismissed; Patk. O'BRIEN, Henry GAFNEY, Philip SHERIDAN, and Andrew SHERIDAN, discharged; John SMITH, petition dismissed.
OLDCASTLE UNION
Master's Report--Remaining in the house, 593. Average weekly cost of pauper, 3s 1½d.
Doctor's Report--In Fever Hospital, 24; Infirmary, 17; total 41.
Dr. O'REILLY was unanimously appointed Medical Officer.
There were several candidates for the offices of Master and Matron. Mr. and Mrs. BELL, from Carrick-on-Shannon workhouse, and Mr. J. CREGAN and Miss B. CARTHY, were severally put in nomination when the Guardians votes 11 for each.
LIFFORD, March 12--MURDER OF A FATHER-- Samuel CROMER, the younger, and Peggy CROMER, his wife, were arraigned for the wilful murder of Samuel CROMER, the elder, at Summy, near Ardard, on the 14th of February, 1846. Mr. SCHOALES, Q.C., addressed the jury, and after stating, that in consequence of the pregancy of the female prisoner, the trial had been twice postponed, he then proceeded to detail the facts of the case, from which it appeared that Samuel CROMER, the younger, had after the decease of a former wife, contrary to the wishes of his father, Samuel CROMER, deceased, married the female prisoner, same house, there existed a very bad feeling; that the old man, in consequence, talked of selling the farm; that the son was heard to say, with an oath, he would take the life of his father, or of any one who should purchase it, or lose his own life, before he would leave the farm. Sometime subsequently, the father was missing, and suspicions having been excited, search was made, the body found in a lake some short distance from the house, with an iron chain tied round it, and a stone, nearly four stone weight, attached to the chain. Near to the brink of this lake, straws with blood on them were seen, and some clotted blood on a grass field, leading in a direct line from the house to the lake. The jury returned a verdict of guilty against both prisoners.
BIRTHS
Jan. 20 in Calcutta, the lady of the late Thos. YOUNG, Esq., of the Bengal Civil Service, of a son.
March 10, at Castleview, Cork, the lady of the Hon. John Arthur LYSAGHT, of a son
March 12, at Ballymote, the lady of Ewd. POLLOCK, Esq., Solicitor, of a daughter.
MARRIED
On the 11th inst. in London, Capt. Lanoe HAWKER, late of the 74th Highlanders, to Elizabeth, eldest daughter of the late John FRASER, Esq. of Stirling.
DIED
March 12, at the Castle, Galway, James LYNCH, Esq., aged 94 years.
March 15, aged 26, at Baltrh, county Meath, Eliza Jane, wife of Richard WALSH, Esq. March 8, aged 78, Robt. D. O'REILLY, formerly of Lennoxbrook, co. Meath, Esq., brother-in-law of the late Right Hon. Count D'ALTON, of Mount D'Alton.
March 26 1847
ARMAGH, MARCH 11
STOCK ON NINE FARMS, CONTAINING 88A. 0R. 3P.
ON LORD GOSFORD'S ESTATE, FEB. 1, 1847
No. 1 Name Jacob ALBIN Contents of Farm a r p No. of Persons 8 Stock on Farms: Horses - Cows 4 Heifers - Sheep - Pigs 1 Rent of Farm £11 1s 9d No. 2 Name Samuel LOWDEN Contents of Farm 9 0 13 No. of Persons 7 Stock on Farms: Horses 1 Cows 3 Heifers 1 Sheep - Pigs 2 Rent of Farm £10 7s 8d No. 3 Name John GILLELAND Contents of Farm 8 3 9 No. of Persons 7 Stock on Farms: Horses - Cows 3 Heifers 1 Sheep - Pigs 1 Rent of Farm £11 9s 1d No. 4 Name John BEATTY Contents of Farm 9 1 32 No. of Persons 6 Stock on Farms: Horses - Cows 3 Heifers - Sheep - Pigs - Rent of Farm £11 18s 10d No. 5 Name P. O'HAGAN Contents of Farm 8 2 10 No. of Persons 5 Stock on Farms: Horses - Cows 3 Heifers - Sheep - Pigs 2 Rent of Farm £17 3s 0d No. 6 Name H. RINGLAND Contents of Farm 9 2 0 No. of Persons 4 Stock on Farms: Horses 1 Cows 3 Heifers - Sheep - Pigs - Rent of Farm £11 5s 6d No. 7 Name John M'CLINCHY Contents of Farm 10 2 14 No. of Persons 4 Stock on Farms: Horses 1 Cows 3 Heifers - Sheep1 - Pigs 1 Rent of Farm £11 18s 6d No. 8 Name R. M'CLINCHY
(going to America)Contents of Farm 10 3 17 No. of Persons 6 Stock on Farms: Horses 1 Cows 2 Heifers - Sheep - Pigs - Rent of Farm £12 7s 2s No. 9 Name James BRADFORD Contents of Farm 10 3 30 No. of Persons 8 Stock on Farms: Horses - Cows 3 Heifers - Sheep - Pigs 1 Rent of Farm £12 0s 6s No. 10 Name James RALSTON Contents of Farm 12 1 15 No. of Persons 6 Stock on Farms: Horses 1 Cows 4 Heifers - Sheep - Pigs 2 Rent of Farm £12 0s 8d The cattle are improved both in breed and condition
GOOD EXAMPLES--On Friday last Mr. J. TATLOW, of Crossdoney, visited the property of the Misses YOUNG, situate between Scrabby and Granard, and informed the poorer tenantry resident thereon, that he would, by order of their landladies, give them a sufficient supply of corn to sow their lands, and that he would pay 10d. per day to each man and woman employed to sow it, as he considered such would be the most reproductive employment.
The Misses YOUNG, who are daughters of the late Captain YOUNG, of Lahard House, county of Cavan, gave all their poorer tenantry a sofficient supply of meaL gratuitously to support them during the months of July and August past.
These good tidings were scarce circulated among the peasantry of this locality, when Philip O'REILLY, Esq., J.P., of Coolamber, announced to the tenantry (for whom he is agent), from Lord Southwell, that he would supply them with corn to sow in their farms, lest they might want food for the next year.--Longford Journal.
BIRTHS
On the 10th instant, at Cornaseck, near Virginia, the lady of David KELLETT, Esq., of a son and heir.
March 19, at Carrick-on-Shannon, the lady of Doctor SWAYNE, of a daughter.
MARRIED
March 16, in St. Peter's Church, Athlone, by the Rev. Charles HARRISON, Vicar of Cashel, cousin of the bride, William FETHERSTONE CHARTES, Esq., of Athlone, to Isabella, youngest daughter of James MITCHELL, Esq.
DIED
At Newry, on Friday, the 19th instant, in the 26th year of his age, Walter MALONY, Esq., S.I., Constabulary. Mr. MALONY resided for many years in Cavan, where his kind and amiable disposition won for him the esteem of all that were acquainted with him. The announcement of his death was received with feelings of deep regret, that one so well known, and so greatly beloved amongst us, should have been cut off so suddenly, even in the prime of manhood, and in the enjoyment of every earthly blessing.
March 20, in Prussia-street, the Rev. C. J. YOUNG, Curate of St. Paul's, Dublin. On Friday, the 19th instant, Anne, wife of Mr. Wm. MONTGOMERY, Mast of the Clones workhouse, aged 46 years. She was appointed Matron of the establish- ment on its first opening, and always discharged the arduous duties of the situation to the entire satisfaction of the Board of Guardians and the comforts of those placed under her care.
DONEGAL ASSIZES--Samuel and Peggy CROMER, who were tried at these assizes, and found guilty of the murder of Samuel CROMER, sen., father of the male prisoner (at the conclusion of the other trials), were called up for judgment. His lordship sentenced the prisoners to be executed on the 1st of April, at the county gaol, and their bodies to be buried within the precincts of the prison.
Since the commencement of this year 9,000 natives of Ireland have sailed from Liverpool for America.
County Cavan Newspaper Transcription Project
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