Anglo-Celt
Published in Cavan, county Cavan
February 5, 1852
MONAGHAN SPECIAL COMMISSION
Wednesday Night, Jan. 28, 1852
Pursuant to announcement the judges took their seats on the bench ten o'clock precisely, when the prisoners, Owen KELLY and Francis KELLY, charged with the murder of the late Mr. BATESON, were placed in the dock. The counsel who attended on behalf of the crown were--the Attorney-General, the Solicitor-General, Sir Thomas STAPLES, Bart., Q.C., Mr. O'HAGAN, Q.C., and Mr. KERNAN. Mr. HAMILTON conducted the prosecution, as crown solicitor; and Mr. M'Evoy GARTLAN appeared for Sir Robert BATESON, Bart., next of kin of the deceased.
By direction of the Attorney-General, Francis KELLY was first put forward to take his trial. The other prisoner, who is a cousin of his, was desired to stand back for the present.
The following gentlemen comprise the jury: R. Allen MINNITT (foreman); John MOOREHEAD, David SMITH, Hubert P. KERNAN, Humprheys JONES, John GOUDY, Henry ROGERS, Allen DUDGEON, William V. RYAN, James M. ROSS, Andrew CLARE, and Joseph C. Wright.
The prisoner in a firm voice pleaded "Not guilty."
James BARTON, an engineer, was examined by the Solicitor-General as to the accuracy of a map prepared by himself and representing the portion of the road on which Mr. BATESON was attacked and murdered, and the position of the houses in the immediate vicinity.
Mr. FERGUSON cross-examined the prisoner.
James MOONEY examined by Sir Thomas STAPLES.--I remember the 4th December last. I was drawing stones on that day from Mr. MARTIN's hill. I was talking to Mr. Bateson at two o'clock on that day. He was going to his farm at Currytanta. Another person came up a few minutes after Mr. Bateson passed on, and said something to me. He followed in the same direction as Mr. Bateson. I know the name of that person now, but did not at that time. His name is Bryan MURPHY. I afterwards saw Mr. Bateson returning home at about half-past four o'clock. There was good light at the time, and one could see all round. I heard a shot shortly after he passed MOONEY's gate. It was in the direction of Castleblayney I heard the report. After the shot was fired I saw a cart with two or more people in it going towards Keady. The horse was galloping as fast as it could go. I saw three persons coming after the cart. They took into the fields and crossed the hills after they passed Mooney's house. After quitting my work I heard of Mr. Bateson's murder, and went to the place where I heard the body lay. I found several of his workmen about it, and I was sent for the doctor.
Cross-examined by Mr. BUTT, Q.C.--When I heard the shot I was working at the top of the hill, twenty or thirty perches from the road, and about a quarter of a mile from COLLINS's house, where I first saw the cart. I afterwards saw Bryan MURPHY at the Bridewell of Castleblayney, and I pointed him out among a crowd of people.
Francis DUFFY examined by Mr. O'HAGAN, Q.C.--I am a mason, and was employed at the model farm of Corrytanta.....The prisoner was in the employment of Mr. Bateson about August last, since which time he did not see him.
Robert MILLS examined....I am fifteen years of age. I live at Keady. I recollect the day Mr. Bateson was killed. I remember on that morning leaving Keady for Castleblayney in company with James SHERRY. On my return home about four o'clock, I stopped at the house of a person named James M'ARDLE, a quarter of a mile from Castleblayney. We went on to Mr. Collins's house, where we met three men, and Mr. Bateson. There was one man at each side of him, and another walking behind him. I saw the faces of the men who were with him....
James SHERRY examined by the Attorney-General--I live in Keady; I was in Castleblayney the day of Mr. Bateson's murder. I recollect leaving Castleblayney in company of Robert MILLS. When we passed COLLIN's house we met Mr. Bateson and three men more. Mr. Bateson looked up, and I observed one of the other men also look up. When we came up to the corner we heard a shout, we then went on another bit, and we heard a little shout. On looking round we saw a hustle among the men, with Mr. Bateson among them. They were pulling him along the road, and the boys who were with me said they were murdering Mr. Bateson, when we got on a piece, we turned round, and saw two men following us. One of the boys said they were coming to shoot us.
Chief Justice--Were they running or walking?
Witness--They appeared to be walking very fast.
Cross-examined by Mr. BUTT, Q.C.--Only one of the men who were with Mr. Bateson looked round. I could not say that the two men who followed the cart belong to the party I saw with Mr. Bateson. Three men who were shown to me in the bridewell, and I could not identify any of them.
Constable James WALLACE examined by Mr. KERNAN {Other witnesses were Thomas GREEN (a boy about sixteen years of age), John M'AREE, James GORDON (Turnkey), William BAILY, a boy about eight years old, Constable IRWIN, Dr. M'BIRNEY, Hamilton M'MATH, William BAILIE, the little boy who had observed the murder, John HUGHES, Jane HILL, a married woman residing in Tullygrove, Anne MURPHY and Francis KIERANS]
The Chief Justice charged the Jury at great length and at six o'clock they retired to return their verdict. At ten o'clock they were called into court, and foreman said they had not agreed.
They were then ordered to be locked up for the night.
FRIDAY
The judges took their seats this morning at 9 o'clock and the jury having been called into their box, the foreman said there was no likelihood of their agreeing. The Chief Justice told them they should retire; they accordingly did, and the prisoner was remanded.
DISAGREEMENT OF THE JURY
At 11 o'clock a.m., the judges again entering the court, when the jury was called out. The foreman said they had not been able to agree to come to an agreement. The Chief Justice told them again to retire.
The Foreman stated that the jury were in such a state that they were unable to do anything and one of them was seriously indisposed.
Dr. IRWINE was sent to examine the jury and he returned to court stating that Mr. Smith's life would be in danger by any further confinement. The jury were then discharged.......
The Attorney-General replied that next morning he would put the same prisoner on his trial for the murder of Mr. BATESON. The trial of Randal M'DONNELL was postponed with the consent of the Attorney-General, to the next assizes for the county.
Monaghan, January 31st, 1852
The following jury were sworn to try the case of Francis KELLY a second time:--James M'CULLAGH (foreman), Wm. COGHRAN, John OULTON, John COGHRAN, David HAMILL, William FITZGERALD, Andrew THOMPSON, William THOMPSON, William RICHEY, William WETHERALL, John Charles M'ADAM and Wilson JAMESON.
The swearing of the foregoing jury occupied a considerable time, 19 persons having been challenged by the prisoner, and 21 on the part of the crown....
The prisoner, Francis KELLY, was then indicted in the same terms as formerly for having murdered Thomas Douglas BATESON, on the 14th of December. [New witnesses James M'KEE and John HIGGINS examined]
Monday, February 2, 1852
{Witnesses examined: Bridget MURPHY, Alexander POGUE]
The trial of THORNTON and HODGENS, the two men against whom bills have been found for unlawfully possessing arms, will be proceeded with at the sitting of the Court to-morrow morning.
The Chief Justice charged the jury, who at once returned a verdict of guilty against both prisoners.
The prisoners were then sentenced to be kept at hard labour for two years after which the jury in the case were discharged.
The commission was adjourned "sine die", and the judges returned to Dublin.
DEATHS
Died at Lisdaugh on the 27th ult., in the 85th year of her age, Mrs. Lucy M'QUAID, relict of Mr. Patrick M'QUAID, and mother of the Rev. M. M'QUAID, P.P., Killeshandra, and the late Rev. Eugene M'QUAID, C.C., Cavan. She was a true specimen of the good old Irish character; although simple in manner, she was gifted with more than ordinary mental faculties, hospitable and charitable in proportion to her means. She was beloved by her neighbours and venerated by the poor. Although most ardently attached to the religion of her forefathers, and most punctual in the performance of all the sacred duties it prescribes, she always cultivated a friendly intercourse with all her neighbours without distinction, and even manifested the deepest interest in their welfare. This feeling was faithfully reciprocated and peculiarly exhibited on the occasion of her funeral by the extraordinary numbers of all classes and creeds, who accompanied her remains to the family tomb in the old churchyard of Drumgoon.
On the 1st inst., in the 49th year of his age, after a few days illness, at Bellamont Forest, Richard COOTE, Esq., proprietor of the town of Cootehill, and the large estates adjoining there to. He was a humane kind hearted gentleman of great urbanity of manner, and much beloved and esteemed by his tenantry, friends and acquaintances, the former having deep reason to deplore their bereavement in the loss of their indulgent and considerate landlord, and the latter the "vacuum" that has occurred in society which will not be easily filled.
Feb. 1st at 12 Green Park, Bath, where he had gone for the benefit of his health, Alexander James ARMSTRONG, C.E., and Engineer for the County of Cavan for 17 years, second son of Lieut. General ARMSTRONG, late R.I.A.
INFRINGEMENT OF THE GAME LAW--At the petty sessions held at Newtownbutler, on Wednesday, the 4th instant, before the Rev. John RICHARDSON and John CROZIER, Esq., magistrates, Robert DOONAN, of Knockraven, parish of Clones, was fined in the mitigated penalty of £10 for using hounds or other dogs in the destruction of hares on 20th November last without license.
February 12, 1852
MARRIAGE.
Feb. 4 in Lisbellaw Church by Rev. Walter YOUNG, James BRACKIN, Esq., of Tome, Black Lion, Co. Cavan, to Rebecca, daughter of Archibald COLLUM, Esq., Tullyharney, Lisbellaw.
The army is to be increased in Galway. The London Standard says it is in consequence of the spread of Ribbonism, but the Vindicator denies that there is a trace of Ribbonism in the whole county, and attributes the measure to the fear of a French invasion.
It appears from a letter by Mr. Scott Nasmyth STOKES, the secretary of the Roman Catholic "Poor school Committee," published in the Morning Chronicle, that the Ecclesiastical Titles Act has had the totally unexpected and fatal effect of intercepting from Roman Catholic Schools the promised aid of the Committee of Privy Council on Education. In the end of November last, the Privy Council announced to the Poor School Committee, that the law officers of the Crown had been consulted on their school deed, had advised their lordships that the words, "Roman Catholic bishop of the district" are contrary to the Ecclesiastical Titles Act, and had suggested as unobjectionable the roundabout descriptions of such persons by the phrase, "officiating as a bishop of the Church of Rome, and as ecclesiastical superior of the persons in communion with that church residing within the district." The legal adviser of the Poor School Committee, in reply, held that their periphrasis is as contrary to the statute of the phrase objected to; and the chairman of the committee rejected it as derogetary. (sic) The result is, that the schools which the minute of the Privy Council of 1847 - drawn up after Parliamentary debates - declared should participate in the Parliamentary grant, are shut out from all such participation, of the £475,000, voted since 1847, Roman Catholics have received nothing to help them in providing schools.
February 19, 1852
MARRIAGE.
February 15, Charles Hayes O'CONNOR, Esq., to Lucie, youngest daughter of thte late Arthur M'KENNA, Esq.
On the 16th instant, by the Rev. P. M'GAURAN, P.P., Mr. James MAGENNISS, Merchant, Belturbet, nephew of the Very Venerable Archdeacon BRADY, Kilmore, to Maris, only daughter of D. S. WINSLOW, Esq., Sandybrook House, Ardlogher, and niece to the late Right Rev. Dr. O'Rielly, Bishop of Kilmore.
DEATH.
In this town, on the 14th inst., after a protracted illness, Elizabeth, wife of Mr. William JOHNSTON.
Died on 15th of February, Jane, the beloved wife of Mr. Robt. PRINGLE of Clifton Hill, much and deservedly lamented by a large circle of friends and acquaintances.
Died at Castle Saunderson, on the 14th inst., Master John BUCHANAN aged 19 years much and deservedly regretted.
NEW IRISH PEER. - Her Majesty's Letters Patent have passed the Great Seal, granting the dignity of Baron of this part of the United Kingdom to Thos. FORTESCUE, Esq., Ravensdale Park, and his lawful heirs, by the name, style, and title, of Baron Clermont, of Clermont, and Drumiskin, in the county of Louth, with remainder to his brother, Christopher T. FORTESCUE, Esq., and his heirs.
February 26, 1852
BIRTH.
Feb. 22, in this town, the wife of John FARRELLEY, Esq., of a daughter.
MARRIAGE.
On the 23rd inst., at Killeshandra, by the Rev. M. M'Quaid, P.P., Mr.John M'QUAID, his nephew, to Miss Mary M'CANN, daughter of Mr. Peter M'Cann, Merchant, Cavan.
County Cavan Newspaper Transcription Project
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