March 4, 1845
Armagh, County Armagh
On the 24th ult., by the Rev. Robert Shields, Mr. David Shields, Killycairn, to Mary Anne, daughter of Mr. William Barber, Tyronesditches.
On Thursday the 27th ult., in Charlemont Church, by the Rev. James Disney, Isabella, daughter of Robert Corrigan, of Moss-spring, Charlemont, Esq., to George Wilford, of...
COUNTY ARMAGH ASSIZES.
On Wednesday morning last, THOMAS MORRIS JONES, Esq., attended at the Court-house, in this city, for the purpose of forming the Grand Panel, when the following gentlemen answered to their names:--
1 William Verner of Churchill, Esq., M.P., Foreman.
2 Lord Viscount Mandeville, of Tandragee Castle.
3 Maxwell Close, of Drumbanagher Castle, Esq.
4 Sir George K. Molyneux, of Castledillon, Esq.
5 Walter M'Geough Bond, of Derrycaw, Esq.
6 Wm. Blacker, of Carrick, Esq.
7 Robert W. Cope, of Loughgall House, Esq.
8 James M. Caulfield, of Hockley, Esq.
9 James M. Stronge, of Tynan Abbey, Esq.
10 Arthur Cope, of Drumilly, Esq.
11 John Robert Irwin, of Carnagh House, Esq.
12 Marcus Synnot, jun., of Ballymover, Esq.
13 James Harden, of Harry-brook, Esq.
14 William Jones Armstrong, of Fellows Hall, Esq.
15 William St. John Blacker, of Mullabrack, Esq.
16 Edward Wellington Bond, of Bondville, Esq.
17 Joseph Atkinson, of Crowhill, Esq.
18 John Porter Harris, of Ashfort, Esq.
19 Maxwell Cross, of Darton, Esq.
20 William Blacker, of Gosford, Esq.
21 William Paton, of Armagh, Esq.
22 Thomas Dobbin, of Armagh, Esq.
23 John Hancock, of Lurgan, Esq.
The Grand Jury having retired for the discharge of the fiscal business, H. L. LINDSAY, Esq., read the
REPORT OF THE COUNTY SURVEYOR OF ARMAGH TO THE GRAND JURY ASSEMBLED AT THE SPRING ASSIZES, 1845.
Mr. FOREMAN, MY LORD AND GENTLEMEN.--In making a Report to you of the fiscal position of this County, I have to state that, though the extent of road is greatly increased, the amount of expenditure will not be augmented. The applicationsfor roads and bridges, &c., amount to £6,950, a large portion of which is for the repairing of Parish roads, which are rapidly increasing in extent, so much so, that it has been found necessary, in several instances, to curtail the expenditure on the broad roads, in order to keep the amount of the County taxation within moderate limits, and to pursue an economical course in the entire system. The consequences are, that the average mileage expenses of repairing the roads is annually becoming less. The circumstances will, I trust, remove the feelings which existed, that the farmers' roads were unattended to, while money was freely expended on the broad roads.
I have now to state my opinion with respect to the applications for new works. In the barony of Tureny there is an application for a short and necessary piece of new road, to avoid a steep hill on a cross road near Benburb.
In the Barony of Upper Fews there is an application for a new road from Crossmaglen to Castleblayney, in this County; upon which I reported, on its being certified at last Assizes.
In the Barony of Lower Orier there is an application for reducing a hill on the coach road from Tandragee to Portadown--a work of much importance for the improvement of that road. There is another very important application for improving the part of the road from Mountnorris to Newry, by reducing the Five-mile-hill, and widening the road across the Gall bog. This is a work of great necessity, as it is absolutely dangerous to pass over the road in its present state.
On the other applications I will state my opinion, as you will be proceeding with the business, and will now take up another, but not less important subject, that of the due expenditure of the public money; and in doing so I feel great regret in being obliged to state, that all I can say, in endeavouring to urge= contractors to the performance of their duties, and all I can do is making them feel, not only the pecuniary loss they sustain, but the penal responsibility they incur, by not attending strictly to their contracts; still the duties are unperformed, and I am, in consequence, in that disagreeable position, that I have no substantive reason to bear me out in certifying a great mass of the accounts. I am the more fully convinced of the feeling that, in my mind, must exist, with regard to roads, that public money ought to be obtained at a very cheap rate, as on my late circuit over the county, covering a period from the middle of November to near the middle of January, I scarcely met an individual performing public work; this during a period of the year when roads require particular attention, and when they are most subject to floods, and the sudden effects of frosts, and when there was a sum of nearly £10,000 to be accounted for, perfectly astonished me, particularly so, when I considered that I had given due notice of the time of inspection. The contractors seemed to have altogether forgotten that I was going over the county examining their contracts, and not only to look after the expenditure, but to see that full and adequate value was given for £10,000. This being the case, I had to awake them from their slumbers, and that by what means ? by those that common sense would immediately dictate--the withholding of payments, and I hope, and trust, that in a short time an effort will be produced, beneficial to the public, and of no disadvantage to the individuals, as if they were to spend their time, at a proper period of the year, in attending to the roads, which they afterwards uselessly waste in looking after me for certificates for unfinished work, the roads would be kept in order, and I would be able to say, that nothing could afford me greater pleasure, than to be able to certify every matter in its due course, as I would thereby have the county business in a legitimate and laudable course of action, and the entire arrangement would be so sytematic as to create no individual annoyance.
Hoping that I have not been prolix, I have the honor to be, Mr. Foreman, my Lord, and Gentlemen, your very obedient servant,
HENRY L. LINDSAY, County Surveyor.
Armagh, 26th Feb., 1845.
On the Report having been received,
Mr. HANCOCK, addressed the Grand Jury at considerable length, making especial reference to the custom of charging fees for the filling of Road Contractors certificates, &c., which he (Mr. H.) held to be obnoxious to the public generally, and calculated indirectly to interfere with the proper management of that part of the county business. He meant not to make any charge against the County Surveyor or his assistant ; but the practice was anything but judicious, and he doubted not but that it exercised more or less influence on the Road Contractors, who felt it a heavy burden. On the motion of Mr. HANCOCK, a committee was appointed to investigate the matters alluded to, and report accordingly.
Nothing particular occurred in the Barony presentments, which occupied the Grand Jury for the remainder of the day.
Thursday. About one o'clock this day their Lordships, Hon. Justice CRAMPTON and Judge TORRENS arrived in town, escorted by the High Sheriff and a splendid retinue, the object of general admiration ; and about three quarters of an hour afterwards proceeded to the Court.
Hon. Justice CRAMPTON having entered the Crown Court, proclamation was made, the Royal Commission read by Mr. DOBBIN, Clerk of the Crown, and the Grand Jury re-sworn; when his Lordship delivered the following charge:--
Mr. Foreman, and Gentlemen of the Grand Jury,--There is nothing on the calendar, on the present occasion, which seems to call for any observation from the Court, especially to you, gentlemen, many of whom are well acquainted with your duties, which will not be very onerous. The number of cases on the calendar is considerable; but with the exception of a very few cases, they are not of a serious nature, the greater number consisting of what is called petty larcenies. There is one subject, gentlemen, on which I cannot avoiding congratulating you. When attending your county on a former occasion, I had reason to complain of the state of your jail, as well as every one who was in any way acquainted with it; not of the officers, or those who had the superintendence of it, for I believe they were highly qualified to discharge their duties; but the jail itself was in a lamentable state, it being utterly impossible to procure accommodation for the safety--the moral safety--of those persons deposited in it for trial, or those undergoing their punishment. I am, however, happy to understand that, since then, you have granted a presentment amounting to five thousand pounds for its improvement; and I trust that all consequent measures for the purpose of carrying that presentment into effect, will be adopted, and followed up with spirit, for I know of nothing in which the gentlemen of a county should feel a greater interest, than having a proper jail for the accommodation of prisoners. In this matter there has been a vast improvement in modern times, and the system of jail management adopted in England, and followed up in this country, has had the effect of making jails rather a school for teaching morality and religion, than as formerly, a school for demoralising the habits, and teaching vice. I have nothing else to trouble you with. I will give any immediate attention to your presentments, which I believe are all ready.
Mr. NAPIER, Q.C., applied to the court to direct an applotment of county cess under the following circumstances. the Treasurer's warrant was to levy the cess in that part of the parish of Newry which lies within the county of Armagh. The entire amount of the sum applotted had been paid by six town- lands--in four other townlands was a portion unlevied on account of the houses and tenements being untenanted. The application was to have the opinion of the Judge, whether the uncollected amount should be levied off the entire parish, or from part of it only.
The court directed the levy to be made off the portion of the parish in the original warrant of the Treasurer.
The fiscal business being disposed of, the following persons were sworn as a
PETTY JURY:--Messrs. Wm. Running, John Corry, Thos. Sinclair, John Hyde Cardwell, John M'Watters, George Scott, John Simpson, Alex. Small, John Hughes, John Gribben, Jas. Black, and James Watkin.
Patrick Kerr, for stealing a bag, containing two pounds of beef, two pounds of onions, and a rope, the property of Edward Fair. Guilty--six weeks imprisonment, and to be kept at hard labour.
Patrick Hillock, for stealing one stone of potatoes, the property of James Brownlee, of Limnagore; and a petticoat, the property of Ann Hagin, on the 20th of January last. Guilty; two months' imprisonment, and hard labour.
Rose M'Veigh, for stealing ninepence from Margaret O'Hare, on last Saturday fortnight at Newtownhamilton. Guilty; two months' imprisonment, and to be kept at hard labour.
Daniel Kittle, and Margaret Kittle, alias Balance, for picking the pocket of Michael Gallagher of 15s. 6d., on the 28th of January last. Guilty; nine months' imprisonment, and to be kept to hard labour.
Elizabeth Harper, for stealing a linen shirt, on the 13th of February, the property of James Cloughley. Guilty; three months' imprisonment, and to be kept at hard labour.
Patrick M'Keown, having stolen three geese, on the 4th ult., at Newtownhamilton. Guilty; three months' imprisonment, and hard labour.
Patrick Collins, having stolen six handkerchiefs from the shop of Jane Kerr, (Lurgan,) on 29th January last.
Prisoner pleaded guilty; three months' imprisonment, and hard labour.
Patrick Creagan, Stephen Cunningham, and Bartholomew Burns, stealing certain articles of wearing apparel from the Newry Workhouse.
All the prisoners pleaded guilty, and were sentenced each to two months' imprisonment, and hard labour.
Alice Macfarland and Anne Kennedy, stealing a linen shirt from the Newry Workhouse, on the 22d January last.
Robert Short, porter to the union, examined. Anne Kennedy was an inmate of the workhouse; was visited by her sister on 22d January; whilst in the hall, saw Macfarland secreting a child's shift, marked the property of the union; charged them with so doing.
The jury, without leaving the box, returned a verdict of guilty, with a recommendation to mercy--sentenced each to six weeks' imprisonment.
Jacob Grimley, for stealing two stones of potatoes, on the 22d January, the property of Michael Crommie, of Portadown. Guilty; six months' imprisonment, and hard labour.
The Court rose about five o'clock.
Friday. The Court opened this morning at nine o'clock, when the following persons were sworn as a
PETTY JURY:--Messrs. Wm. Running, John Corry, Thomas Sinclair, John H. Cardwell, Alexander Kinmouth, Wm. Boyd, sen., George Scott, John Simpson, Robert M'Endow, Simon Sinclair, Crozier Christy, and John W. Redmond.
Robert Fitzsimons, indicted for stealing a pair of shoes, the property of Andrew Davidson; a blue body coat, and a pair of drawers, and a castor hat, the property of J. Gass; and a pair of trousers, the property of Mr. Steel, on the 27th of December last.
Pleaded guilty--sentenced to two calendar months to hard labour.
John Carvill, for stealing a quantity of turf, the property of Robert Ellis.
The prisoner pleaded guilty; to be imprisoned two calendar months, and kept at hard labour.
Michael Madigan, alias Madden, stealing a heifer, the property of Hugh Hagan, sen., near Cookstown, on the 9th ult.
Hugh Hagan, sen., examined--Lives at Cookstown; purchased a cow at Lurgan on the 9th January last; gave her in charge to his son to bring to Cookstown; (this was on Thursday evening;) did not see the cow again till the following Sabbath, when he found her in Martin Gartland's, near Blackwatertown; found her tied to a tree in Gartland's orchard; brought the cow back with him.
Hugh Hagan, jun., corroborated the statement as to receiving charge of the cow; when he was about a half mile from Lurgan, the prisoner overtook him; witness asked him how far he was going; prisoner said to the Birches; witness said he was going there also; (the Birches is situate between Verner's Bridge and Portadown;) went there in company, when prisoner proposed to go to Loughgall, as by Verner's Bridge would be out of his way; witness gave him 8d. to accompany him; when they reached the porter's gate at Colonel Verner's, prisoner told him to go in and warm his feet, saying he would mind the cow while she was feeding; witness remained about 15 minutes in the gatehouse; when he came out prisoner and cow were both gone; next place he saw prisoner was at Portadown, in custody of two butchers, who had given him in charge to the police; saw him on Sunday afterwards; witness, police, and prisoner went soon after to Gartland's, and there found the cow, as stated by preceding witness.
Patrick Gartland, is son to Martin Gartland; remembers prisoner coming to his frther's [sic] on a Friday morning with the cow; prisoner said there was a decree for him, and wished the cow put out of the way till it was settled; left the cow, saying he would take her in a few days; saw him next on Saturday night in custody with the police, who came with Hagan and his son to witness' father's; Hagan claimed the cow as his property; his father's residence is six miles from Verner's bridge.
Thomas M'Caffrey, Sub-Constable of police, is stationed at Portadown; took prisoner into custody on the 11th of January last; prisoner was left in his charge at the police office; sent for the head-constable at prisoner's request, when he stated that the cow was at Martin Gartland's; whereupon he and the head-constable went and found the cow as prisoner described.
To the Court--Went to Gartland's about 10 o'clock at night, and brought the cow from Gartland's to Blackwatertown.
James Prunty and Francis Harvey gave the prisoner a good character, having known him since he was a child.
His Lordship charged the Jury at considerable length, who returned a verdict of guilty--Sentenced to two years' imprisonment, and hard labour.
Edward Carroll, for stealing a cow, on the 28th of December, at Newtownhamilton, the property of Patrick Denv?r. Pleaded guilty; to be imprisoned for eighteen months, and kept at hard labour.
Patrick McCoy, for assaulting Ann Grimes, on the 27th of December, at Forkhill, with intent, &c. [The prosecutrix did not appear, and the prisoner was consequently discharged.]
Robert Gibbons, for assaulting Michael Patton, at Newtownhamilton, on the 7th of February. Pleaded guilty; two months' imprisonment, and to enter into his own recognizances to be of the pence.
John Chambers and Brothers Chambers, for making base coin, at Derrycrew, in the months of June and July last. There were several counts in the indictment, one of which charged the prisoners with making crucibles and moulds in their possession, for making counterfeit coin.
Sir T. STAPLES said the Crown could not sustain the indictment; and the prisoners were acquitted.
Edward Byrne, for stealing a cow, on the 11th of July, 1842, the property of Susana Murphy, of Derrynoose. (Trial postponed till next Assizes, in consequence of the illness of the principal witness.)
Hanna Sullivan, for stealing several blacksmith's tools on the 13th of January, the property of James Gallagher, of Lurgan. Acquitted.
Mary Quinn, presented by the Grand Jury as a vagrant, was found guilty. To give security herself in £10 and two sureties in £5 each, in the course of one month, and to be of good behaviour; or at the expiration of that period, to be transported for seven years.
William Curran, for stealing a waistcoat and two brushes, on the 5th Feb., the property of Mr. Henry Lindsay, of Armagh. Guilty; six months' imprisonment, and to be kept to hard labor.
Joseph Loughran, for having 17 pieces of base coin in his possession on the 16th of July, last, at Armagh, with intent to utter the same; also for uttering a counterfeit shilling to Leslie Mills, at Armagh.
Leslie Mills deposed, that he and the prisoner lived within a mile of Ballibay, and that on the 16th of July, being in Armagh together, Loughran put a parcel in his pocket, and having pinned it, told him to give it to his wife. The police came to witness shortly after, and searched him; and found that the parcel put into his pocket, by the prisoner, contained a number of base shillings. Having explained how he became possessed of the money, the prisoner was arrested.
Head-Constable Lodge examined by Sir THOMAS STAPLES.--Knows Joseph Loughran; saw him on the 16th July in Armagh, about 10 o'clock in the morning; saw him on three occasions that day ; prisoner said there was an acquaintance of his in Ballybay, who had a quantity of base coin, and that he would be in Armagh during the day, and would have the bad money in his possession; requested witness to send a couple of men to apprehend Mills; witness refused repeatedly, but subsequently sent the police in consequence of a conversation with Mr. Singleton, resident magistrate; searched Mills and found base coin in his waistcoast pocket; the pocket was securely pinned; (here witness produced seventeen shillings, and two 6d. pieces, all counterfeit;) Mills was arrested in Irish-street, in company with prisoner, by sub-constable Mooney.
Charles Mooney, examined--Was stationed in Armagh, in July last; saw prisoner on the 16th of that month, about 10 o'clock in the morning, in company with Mills; arrested Mills in Irish-street; Loughran gave him a signal; found money as described by last witness; found a file also on his person; Mills as soon he had been arrested pointed to prisoner, and shouted that the man was away who give him the money.
Cross-examined by Mr. MOORE--Gave no spirits to prisoner during the day; went to gaol to see him, but had no particular conversation with him.
Sub-Inspector Kelly corroborated the evidence of Lodge and Mooney.
The coins having been produced, Mr. Hazleton, watchmaker, deposed that they were base.
Mr. MOORE, who appeared for the prisoner, submitted, that the count charging the prisoner with "uttering" could not be sustained, as it appeared from the evidence of Mills that the coin was given to him for the purpose of giving it to prisoner's wife.
Judge CRAMPTON was also of opinion that it could not be sustained by the section of the statute, which required that the party should "tender, utter, or put off,"--that was, putting it into circulation.
Mr. HANNA, Q.C., said, the Crown did not go upon the words, "tender," or "utter," but upon the words, "put off;" and thought that there was a putting off of the coin.
Mr. MOORE then addressed the Jury, at some length, for the defence; and argued, that, as Mills stood in the light of an approver, before the Jury could act on his evidence, it should be corroborated.
His LORDSHIP summed up the evidence, and told the Jury that the second charge in the indictment had not been sustained. The Jury retired for a few minutes, and on their return into Court, handed in a verdict of guilty ; to be imprisoned for twelve months, and kept to hard labour.
William Wilson, for stealing a sheep, on the 1st of Feb., the property of John Quin, of Ballynock.
John Quin, having been called, said the prisoner was his brother-in-law; that he had sworn rashly against him, but truly, and that he did not wish to prosecute. The case, however, proceeded. The wtness [sic] stated, that he had got a search- warrant, and, having examined the prisoner's house, found mutton in a tub, and a sheep-skin up the chimney. The skin that was found was the skin of his sheep. On his cross-examination, he said he believed, from every information, that it was his sister took the sheep, and that she conceived she had a claim to it, her father being dead, and the property in common among the family. Acquitted.
Mary Carvill, for stealing a quantity of turf, on the 16th of Jan., the property of John Stevenson, of Ballnacor. Guilty; to be imprisoned for one week.
Samuel Molyneux, a respectable-looking man, for obtaining money from Wm. Daly, under false pretences, on the 6th of Feb., at Blackwatertown.
William Daly, examined--I live at Blackwatertown. I saw the prisoner in my own house there, in this month. He came in and took diet and lodging for eight men, at so much a-week. He said he was a surveyor, and borrowed five shillings from me. He did not say he was employed by any one. The reason I lent him the five shillings, was, because I thought he was coming back to stop with me. His LORDSHIP cautioned Molyneux against appearing in a similar position again, and told him if he did he would be dealt with very severely.
James Hughes, Lawrence Loughran, and Margaret Grant, for rescuing a distress made under a civil bill decree, and for assaulting James Brady, Michael Berry, and Bernard Maginnis; also, for a riot on the 20th of December, at Aughayallig, near Meigh.
James Hughes was allowed to traverse in prox.
Joseph Brady, examined by Mr. HANNA--I recollect going to execute a civil bill decree, on the 20th December last, against the goods of Charles Grant. Bernard Maginnis, Michael Berry, and others, were with me. We got into the house about eight or nine o'clock, at Aughayallig. We remained there until the plaintiff, Berry, came in. Berry told me to do my duty. I seized a top coat, and a sack, in the name of all the goods on the premises. The plaintiff, Bernard Maginnis, and the defendant's wife, were there. Loughran and Hughes were not there at the time. We then took some of the goods, and put them on the cart. Grant went for the purpose of getting the landlord's bailiff to protect the goods. His wife was in and out during the time. The goods were taken to Connnolly's public ...ceeded to take a cart of oats, and a man named Hughes said, we should get nothing out of that. Loughran said so too, as he said all was seized by the landlord's bailiff. I went then to seize an ass; and when I was driving it, Margarett Grant struck the plaintiff on the head with a pitch-fork repeatedly. There was a mob on the road, apparently organized and encouraged by Loughran, who said they should get more abuse, and get nothing away, as the goods had been seized by the landlord's bailiff, and he was present at the seizure. Maginnis was also struck while endeavouring to save the bailiff. When going to the house, there was no mob. The crowd had rods and staves in their hands, and it was claimed by the landlord's bailiff.
Mr. T. Seaver gave Loughran a most excellent character.
Margaret Grant guilty of assault--two months' imprisonment; Loughran, not guilty.
Thomas Donaldson, for having robbed Thomas M'Camley of a silk purse, containing £1 10s, on the 4th ult.
M'Camley deposed to having been in Armagh on 4th Feb., on which day prisoner met him when coming out of the linen- hall, in Armagh, and put his hand in M'Camley's waistcoat pocket, and extracted therefrom £1 10s; that he was not able to apprehend him, and that he called Abraham M'Clelland, who followed and arrested prisoner, and immediately gave him in custody to Sub-Constable William Armstrong. Guilty,--10 months' imprisonment, and hard labour.
Patrick M'Cabe and James Murphy, passing base and counterfeit coin.
In this case several witnesses were examined, from whose evidence it appeared, that the prisoners were of a party who were on their way to America. Having stopped in Camlough for refreshment, M'Cabe went into a Mr. Doyle's in the village, to purchase bread, giving a bad shilling as payment, which the shop-boy refused to accept. From this shop M'Cabe went to join the rest of the company who had gone into the house of a man named Sheean, to prepare the breakfast; and when they were about to leave, M'Cabe tendered Sheean a bad 6d, to pay himself for the trouble they had given him, who immediately on detecting the counterfeit handed it to a policeman. Subsequently the prisoners were searched, and six 2s 6d pieces and 1s good money were found on M'Cabe. On Murphy was found 2s 6d good money also, and no base coin on either. The cart was then searched, and while taking down trunks, there was found a purse, containing two others, in one of which were 50 one shilling pieces, 12 six-penny pieces, and one half-crown; in the other, three £1 notes, 1s, and 2d coppers. The whole party were brought before Mr. Singleton at Newry, who discharged all but the two prisoners. Murphy acknowledged the purses to be his.
Several witnesses gave the prisoners an excellent character.
His Lordship summed up the evidence, and addressed the jury for a considerable time, who after a pretty long deliberation gave in their verdict,--Guilty. James Murphy, 3 months' imprisonment and hard labour. Patrick M'Cabe, 4 months' imprisonment and hard labour.
The Court adjourned at half-past 5 o'clock.
Saturday. The Court was oocupied this morning in disposing of a few road traverses for damages, till about half-past ten o'clock, at which time the following petty jury was sworn:--Thomas Kearns, Simon Sinclair, Crozier Christy, Alexander Small, Mathew Ochiltree, John Hughes, Alexander M'Donald, Wm. Boyd, jun., John Gribbin, John Burrowes, James Black, Wm. Armstrong, jun.
John M'Keown was indicted for the manslaughter of Robert Murphy, on the 1st November, 1844.
From the evidence produced in this case it appeared that the deceased, his brother, and some others had been at the fair of Moy on the 1st November last, and were on their way home, when they were overtaken by Terence, Peter, and John M'Keown, the prisoner at the bar. Both parties did not proceed far when deceased made use of some provoking expressions. A combat ensued between prisoner and deceased; they were separated, and met to fight a second time, when the fatal blow was given. In the testimony to character, it was sworn that deceased was a fighting man--a bruiser, while prisoner was looked upon as the very reverse. He was found guilty, and sentenced to six months' imprisonment, and hard labour.
POSTING THREATENING NOTICE.
Francis Mullan, for posting and publishing a threatening notice against any person who would dare to bring grain to Lislanly mill, near Caledon.
The prosecutor was a James Macann, who swore to having seen prisoner put the notice on Lislanly mill door, on the night of the 16th December last. In the subsequent part of the trial it came out that Macann had had some cause of quarrel with prisoner, and was at one time heard to say "he would be revenged of Mullan before he left this world."
Mr. John Gamble, agent to Mr. Armstrong, gave prisoner an excellent character.
The jury returned a verdict of not guilty. Eleanor Callon, for having, on 21st January last, stolen a quantity of linen, the property of Anne Dowdall, of Calloville, in this county. Not guilty,
John Sheil, for having on 1st November 1840, accepted a farm of land from John Donaldson, on condition of supplying him with food, clothing, and every other necessary, and for wilfully neglecting to do the same, and suffering Donaldson to die on 10th December last for want of food, &c.
At an early stage of the evidence, his Lordship interfered, by saying the case could not be sustained, and the prisoner was discharged.
Anne M'Ardle and Betty M'Ilvean, for an assault on George Martin and Robert Macann, and also for a rescue. M'Ardle guilty of assault--to be imprisoned 6 weeks from her committal. Betty M'Ilvean not guilty.
David Callan, for wilful and corrupt perjury at Lurganboy, near Tandragee, on 13th April last.
Richard Trotter examined by Mr. MYLER, Q.C.--Is a commissioner for taking affidavits; knows prisoner at the bar; prisoner came to him in Spring of last year, and swore to the affidavit handed to him, on the date mentioned therein; read the affidavit to him, and he acknowledged its contents to be true.
Cross-examined by Mr. MOORE.--The prisoner was brought to him by Wilson; could not swear positively to his identity, but believed him to be the same individual who swore to the affidavit; saw him before.
George Lockhart examined by Mr. MYLER, Q.C.--Lives at Lurganboy; holds a farm there; remembers the day in question ; was not served with a law paper of any kind that day ; never saw prisoner till now.
Wm. Lockhart corroborated preceding witness.
FOR THE DEFENCE.
Mr. MOORE argued that, to find the prisoner guilty it was necessary not only to prove that he swore falsely, but that he did so wilfully and corruptly. The fact was that prisoner had served the party with the ejectment, believing it to be done righly [sic], and therefore he (Mr. M.) contended that though the prisoner might have sworn falsely, the jury could not charge him with wilfully doing what was corrupt.
His Lordship briefly charged the jury, who returned a verdict of not guilty.
Thomas Kennedy and Margaret Kennedy, for receiving a letter from Armagh Post-office, under false pretences, on the 23d December last,--Guilty. Thomas Kennedy, two months' imprisonment; Margaret Kennedy, three months' imprisonment from the date of her first committal.
This case terminated the Crown business, and the court rose.
BEFORE JUDGE TORRENS.
The Earl of Gosford against Robb.
This was an ejectment on the title. It was set forth that the lease made to defendant was illegal, inasmuch as it was signed by Lord Gosford's agent without authority--a delegated authority, by power of attorney, being always necessary in such matters. Messrs. TOMB, JOY, and O'HAGAN for defendant.
On the part of defendant Mr. TOMB argued that his right had not been questioned until on a certain occasion he incurred the displeasure of Lord Gosford, when the ejectment was brought. Defendant had been allowed to register himself as a voter, and exercise all his right as a leaseholder in every respect, until the period alluded to, when that right was questioned. At the Newry Quarter Sessions the case had been tried, and it was argued in the Courts above, and defendant's right maintained ; and Mr. Tomb now left it to the decision of the jury.
In reply it was stated that Robb had occupied, although five years' rent in arrear, and after such indulgence, he could not be continued as a tenant: that if the arrear of rent had not been on the holding, the title of Robb might not now have been questioned.
His Lordship addressed the jury, passing high encomiums on Lord Gosford, one of the most humane and indulgent landlords. He directed their particular attention to the law, which gave Mr. Blacker no authority to sign the lease without a legal power from Lord Gosford, and left the jury no difficulty in deciding the matter.
The jury found for the plaintiff--6d. damages, and costs.
Solicitor for plaintiff, Mr. BARKER; for defendant, Mr. MAGEE.
This was the only matter of interest in this court. The business terminated on Friday evening.
|COURT OF BANKRUPTCY.
In the Matter of JAMES MACKEY, of Ballyards, in the County of Armagh, Linen Merchant, a Bankrupt.
The Commissioner of Bankrupt will sit at the Court of Bankruptcy, Four Courts Inns'-quay, in the City of Dublin, on Friday, the 14th day of March next, at the hour of 11 o'clock in the forenoon, to receive proof of debts, and make a final dividend of the Bankrupt's Estates in this Matter. All claims not then proved will be disallowed, of which sitting all persons concerned are to take notice.
--Dated this 22d day of February, 1845.
BARRY COLLINS, Register.
John Connor, Agent to the Commission and Assignee, 37, North Cumberland-street, Dublin.
PROLIFIC NATURE OF THE POTATO.--Mr. PAINTER, Steward to ARTHUR WALTER COPE, Esq., Drumilly, Loughgall, has raised off one piece of ground, in the open air, without the aid of glass, three crops of new potatoes, within eleven months, always taking the young potatoes for his seed. They are of the American Dwarf kind, and require a particular preparation previous to planting.
A man named Robert M'CANDELL, of Holestone, in this county, had a cow and a heifer took ill and died in afew [sic] hours. His own dog and cat, and a neighbour's dog that licked the blood of the animals, died immediately.
To the Editor of the Armagh Guardian.
Leslie Hill, March 1, 1845.
DEAR SIR.--In justice to the Stewards of the Middletown races, I think it right to state that they have the undivided honor due to their exertions and skill on that occasion. I never was a Steward to a race, and possess not that knowledge which is necessary for so high a vocation. I approve of racing, for it is to that England owes the finest cavalry in the world. I will be obliged for your insertion of this note.
I remain, with great respect, faithfully yours,
BERWICKSHIRE & SIBERIAN OATS.
FOR SALE,AT Roxborough, near Moy [Co Tyrone], a Quantity of Berwickshire Potato OATS ; also, some Siberian OATS, the Seed of which was imported by Mr. ALGEO, and has been found well adapted to this climate, and very productive. Price 1s. 3d. per Stone.
Apply to Mr. WILLIAM CLARKE, Roxborough, Moy.
Moy, 18th February, 1845.
TO BE SOLD BY AUCTION,On Wednesday, the 5th of March next, by order of the Representatives of Francis White, Esq., deceased, at his late Residence, EDEN COTTAGE, near Loughgall, A VARIETY OF FARMING IMPLEMENTS, including Ploughs, Harrows, Carts and Harness, Winnowing Machine;TWO FARM HORSES, TWO IN-CALF COWS, FOUR SPRINGING HEIFERS, TWO 2 YEAR OLD Do., HAY AND STRAW; A Quantity of House Furniture, Lumber, &c., &c.
Sale to commence at Eleven o'Clock. Terms--Cash. Purchasers to pay the Duty.
J. T. ANDREWS, Auctioneer.
Eden Cottage, 25th Feb., 1845.
COUNTY MONAGHAN ASSIZES
Mr. Justice Torrens entered town at half-past one o'clock on Monday, and at two o'clock, took his seat upon the Bench.
The Commission having been read, by the Clerk of the Crown, the following Grand Jury was sworn:--
Sir George Forster, foreman ; Wm. Anketell, Thomas C. Singleton, A. G. Lewis, Thomas Coote, William Forster, H. G. Johnston, S. R. B. Evatt, Henry Mitchell, Wm. Mayne, Esqrs. ; Captain John Richardson; John Lentaigne, James Filgate, W. H. Kenny, Thomas Lucas, Samuel Cunningham, John Johnson, David Smith, and Robert Thompson, Esqrs.
The Grand Jury having returned to their room,
His Lordship was occupied with the presentments till the rising of the Court.
James M'Grane, for feloniously assaulting Ann Hanratty, on the 5th of July last, with intent, &c. (The prosecutrix in this case not appearing, the prisoner was discharged.)
John M'Ginnity, for with others unlawfully assembling at Cornacassa, and having committed a riot and an assault on Owen Mallon, Michael Mallon, and Owen Sherry, on 1st Jan., 1844. Not guilty.
John Feehan, for feloniously carrying away Sarah Jane M'Kee, a girl under sixteen years of age, from her father's house, on the 19th of April last.
Sir Thomas Staples stated the case for the prosecution. He said, that the consent of a girl of sicteen years of age was unnatural ; and the taking of her away, contrary to the will of her parents and guardians, was sufficient to constitute the offence set forth in the indictment. The prisoner had married the girl and detained her, contrary to the consent of her parents.
John M'Kee, examined by Mr. Hanna--I am a Presbyterian, and my duaghter is one also. She was fifteen years of age on last Saturday. About nine o'clock on the 19th of April his daughter went out to the door. Her mother followed her and heard her cry, "Mamma, send my dada here fast." He ran out and heard a noise, as if there were a crowd of persons running away. He pursued and overtook them ; and they shouted "Here's the d-----d villain, kill him now." There were stones thrown at him, but he was not struck by any of them. Considered that his daughter had been taken in another direction, and that the crowd went the way they did in order to deceive him; saw his daughter a few days after that; she would not go home with him unless he brought the prisoner with him.
Cross-examined by Mr. O'Hagan, but there was nothing of importance elicited.
Mary M'Kee, wife of last witness corroborated the testimony of her husband in most of the particulars. On her cross-examination, she heard that her daughter was married to the prisoner previous to the abduction ; and that her husband was also acquainted with the fact.
Sarah Jane M'Kee, the girl in question, examined by Mr. Hanna, Q.C., stated, that she had been married to the prisoner six weeks before the evening of the alleged abduction ; that she had appointed with the prisoner to meet him on that night. She admitted that she had gone away of her own accord, and stated, that she had not cried out at all ; and that she was anxious to remain with her husband.
Mr. O'Hagan, in addressing the jury for the defence, raised an objection to the indictment, to the effect, that the Statute on which the indictment was grounded did not refer to the abduction of a married female; and then, if the marriage performed in this instance was a legal one, the prosecution must fall to the ground.
Several witnesses having been examined, to shew that the parents encouraged the addresses of the prisoner, and that the mother, at the time, stated that she would give her daughter £200 fortune with the prisoner.
His Lordship addressed the Jury, who retired; and, after remaining in deliberation for a considerable time, returned into Court with a verdict of guilty recommending the prisoner to mercy.
The prisoner was sentenced to one year's imprisonment, six months at hard labour, and fined £25, and to find sureties to keep the peace.
NEW JURY:--Thomas Dudgeon, Patrick Sullivan, Arthur Brown, Michael M'Caffrey, William M'Burney, John Smith, Jeremiah Morrison, George Rutherford, William Smith, Bradford Stewart, Robert Brady and Peter M'Coy.
Owen Slevin and Catherine Slevin, for stealing two pigs, on the 20th of June last, the property of Francis M'Ardle, Newbliss. Owen Slevin, guilty; to be transported for seven years. Catherine Slevin acquitted.
Burtley Handon, for stealing one hundred brass medals, from the shop of R. Graham, Monaghan, on the 6th ul. Guilty ; to be imprisoned for one month.
Mary Shields, for endeavouring to conceal the birth of a child, by casting it into a gravel hole, on the 15th of July last. Not guilty.
The Court then adjourned, till ten o'clock next day.
RECORD COURT--TUESDAY, FEB. 25.
Before Mr. Justice Crampton.
The following gentlemen were sworn as a
RECORD JURY:--Messrs. Wm Whitelaw, Edward Fields, Robert Hodge, James Smith, Thomas M'Cullagh, Joseph Crow Wright, Robert Temple, Thomes Wilson, Ross Teivers, Thomas Alex. Pringle, John Pringle, John Fleming.
Mrs. Eleanor Rule v Mr. George Ledlie.
Mr. Joy opened the pleadings. This was an action on the case, for defamation of character. The declaration contained four counts. Damages were laid at £5,000 ; and the defendant pleaded the general issue.
Mr. Tomb stated the case. It appeared that a number of ladies and gentlemen had, on their return from a pic-nic party, stopped at Mrs. Rule's Hotel, Castleblaney, having taken a room in the morning. They had been there but a short time, when one of the gentlemen being something of a musician, a violin was produced, and dancing commenced. Mrs. Rule desired the dancing to cease, and her wishes were not complied with; but, she having expressed herself somewhat warmly to one of the gentlemen, he retorted, and out of this the action arose; she alleging that he had made use of defamatory expressions regarding her, which were calculated to injure her in her business.
The case occupied the court till after four o'clock, when
Mr. Justice Crampton said, there did not seem to him to be evidence sufficient to sustain the case; he would, therefore, desire that a non-suit should be entered up.
This being the only record, Mr. Justice Crampton then took up criminal business.
The following persons were sworn as a
PETTY JURY--Messrs. James Mullen, Wm. Nesbitt, Francis Caulfield, Wm. Steenson, Thomas Maguire, Wm.Thompson, James Quigley, Lecky Magillan, Hugh Kelly, David Johnston, John Connolly, Patrick Conley.
James Moore, Patrick M'Mahon, Patrick M’'Mahon, jun., and Sarah M'Mahon, for stealing on the 17th Dec. last, a cow, the property of George Taylor, of Rockcorry.
The following gentlemen were sworn for fiscal business at one o’clock on Wednesday, Anthony O'Reilly, Esq., high sheriff, on the Grand Jury :--
The Hon. Somerset Richard Maxwell, foreman; Robert Burrowes, George Marshal Knipe, Theophilus Lucas Clements, Maxwell James Boyle, James Hamilton Story, Perrott Thornton, John Baker, George Thomas Bell Booth, John Thompson, Michael Philips, John Gumley, Abraham Brush, Henry Sargent, Henry Cavendish Butler, John Edward Vernon, William Armytage Moore, Robert Clifford, George Shaw, William Tatlow, and Charles Mortimer, Esqrs.
Crown Court, Tuesday, Feb. 25.
At ten minutes past eleven o’clock, Judge Perrin entered the court, and took his seat on the bench, when proclamation being made, the commission was read by the clerk of the crown, and the names of the grand jurors being called over, they were re- sworn. Mr. N. Balfe did not answer his name, and was called on a fine of £50. His lordship addressed the grand jury before he arrived. He said--Gentlemen of the Grand Jury of the county of Roscommon, I have not as yet had an opportunity of reading the informations, but you will take care not to find any bill unless there is sufficient evidence to satisfy you of the guilt of the person or persons indicted. If any difficulty should arise in the discharge of your duties, the court will feel much pleasure in giving you any information in its power. I am sorry to say the calendar for your county presents a large number of very grave and serious offences. The report of the inspector general of prisons has been laid before me, and is very well deserving of the attention of the grand jury: and after the disposal of the criminal business, I beg you will direct your attention to it. There is no other matter upon which I think it necessary to make any other further suggestions, and shall now proceed to take the presentments, and you can in the mean- time, go into the consideration of the bills.
Mr. Balfe here appeared in court, and apologised to his lordship for his absence ; he stated that his horse got lame, and in consequence he was delayed on the road.
Judge Perrin--Gentlemen, take care in future to guard against accidents.
Mr. Balfe was then sworn, and his lordship proceeded to take the presentments.
PRISONERS FOR TRIAL AT MAY SPRING ASSIZES.--
Manslaughter, 1; administering, oaths, &c., 7 ; murder, 5; having stolen wool and fat, 1, cattle stealing, 1; assault and rape, 1; violent and dangerous assault, 7 ; assault and attempt at rape, 1; embezzling money, 1 ; larceny, 7; sheep stealing, 2; rape 2; threats against person and property, 4. Total for trial, 50.
Monday, February 24.
The Lord Chief Justice took his seat at two o'clock, when the grand jury were called and sworn. His lordship congratulated them on the state of the calendar, and after a brief charge proceeded to fiat the presentments.
Tuesday, February 25.
Baron Lefroy presided in the Record Court. Only two records were tried, which were not of the slightest public interest.
Crown Court, Tuesday, Feb. 25.
Six men, in the employment of Mr. Synge, were indicted for a riot and violent assault upon the police.
The prisoners were acquitted.
John Lynch, a young man, a native of the county of Cork, was indicted for writing a threatening letter to Mr. Ball, of Clare-street, Dublin, threatening him with death if he proceeded with a survey of certain lands in this county, of which he was then carrying on a survey in pursuance of a decree of the Court of Chancery for a partition.
The prisoner was found guilty and sentenced to transportation for seven years.
IMPORTANT DECISION. Bridget Mara was indicted for concealing the birth of her child. It appeared from the evidence of a police constable and of a woman, that the body of a new born child, of which it also appeared the prisoner had been recently delivered, was discovered tied up in a cloth, and concealed at the end of the prisoner’s bed.
Mr. Townsend MacDermott, who appeared as counsel for the prisoner, submitted that the indictment could not be sustained upon the evidence, and contended that the words of the 17th section of the 10th George IV., cap. 34, upon which th iindictment was framed, did not apply to the present case. The words of the act are, "If any woman shall be delivered of a child, and shall, by secret burying, or otherwise disposing of the body, endeavour to conceal its birth, shall be guilty of a misdemeanor." And the disposing must be of a permanent character, tantamount to a burying of a body. In this case the concealment, if any, was only of a temporary character, and not of such a nature as that contemplated by the act.
Mr. J. Scott and Mr. Sausse having been heard on behalf of the Crown, and Mr. MacDermott in reply,
The Lord Chief Justice held the objection to be valid, and directed the jury to acquit the prisoner.
A few other cases of no interest were then disposed of, and the assizes terminated.
GRAND JURY.--H.K. G. Morgan, foreman; Charles Tottenham, Richard Donovan, Walter Hore, John G. Richards, C. A. Walker, John Maher, G. P. Houghton, C. G. Harvey, William Bolton, John Howlin, Isaac Cornock, M. T. Derinzy, Richard B. Clayton, Francis Leigh, George Le Hunte, Robert Owen, Edward Beatty, Charles C. Cookman, William R.Farmer, Thomas Braddell, William James Wallace, and Herbert F. Hore, Esqrs.
CITY GRAND JURY.--Samuel Dickson, foreman ; Hon. Standish Pendergast Verker ; Sir Richard Franklin ; Poole Gabbett, Richard Russell, William Piercy, William Howley. William Hartigan, John Boyse, John Watson Mahony, Thomas Jervis, Edward Bernard, Charles Wye Williams, William Hunt, Martin Honan, James Bannatyne, William Gabbett, Patrick A. Shannon, John Vanderkiete, Thomas Wallnutt, Daniel Harold, Thomas Worrall, and James Harvey, Esqrs.
--TUEDAY [sic], FEB. 25.
LIBERATION OF O'CONNELL!
Edward Browne stood indicted for having maliciously set fire to a stook of oats, at Arthangan, the property of David Conway.
David Conway sworn--Was in his field on the night of the 6th of September last; his oats were in stooks, and he saw the prisoner go over the ditch, and deliberately place a sod of red fire under one of the stooks ; he then went off, and the stook was burnt all but two sheaves.
By Mr. Coppinger--This occurred on the evening of the 6th of September? Witness--It did, Sir. Before I bring the matter to your memory, tell me had you any falling out with the prisoner a short time before? I had, indeed. Was it not the night of the rejoicing for the Liberator, Mr. O'Connell, and the state martyrs, that your stook of oats was set on fire? Indeed it was. Was not every field in the neighbourhood in a blaze that night? They were, and all the ditches and mountains, too--(laughter.) That was a great day for Dan, wasn’t it? It was, and for the country and repeal--(renewed laughter.) Then you are a repeal warden, I suppose? I am, Sir. And sure it is not possible you would grudge a stook of oats to b?l??up in commemoration of Dan’s release from prison ? If it was asked freely, I wouldn't have hindered every stook in my acre and a-half to be in a blaze that night--(laughter.) Was there great shouting and rejoicing all around you? Oh, indeed you don't know but the half of it--(laughter.) What was the value of the stook consumed? About 1s 6d. Did you deduct the price of it from the repeal rent? I did not, indeed; far be it from me, or one of my generation--(bursts of laughter.)
Mr. Coppinger then addressed the jury, asserting that the prisoner was not actuated by any vindictive feeling in setting the oats on fire--it was an evening of general rejoicing and illumination.
The prisoner was acquitted.
MURDER OF ARTHUR GLOSTER, ESQ.
Mr. Bennett, Q.C. said he had to make an application to court in the case of Daniel Sullivan and six others, charged with the murder of Mr. Gloster, that the trial be postponed to next assizes, and that the prisoners should remain in custody.
Judge Ball--Have the bills been found against them?
Mr. Bennett--No, my lord; they were not sent up in the absence of a material witness, and my application is grounded on the affidavit of Captain Leyne, R.M.
Judge Ball--Does any one appear for the prisoners?
Mr. C. O'Connell, I do my lord.
Mr. Bennett--When Mr. O'Connell hears the suggestions I am going to make, perhaps it would answer his purpose. There are two of the prisoners charged with firing the shots which caused Mr. Gloster's death, and although we have very strong evidence of an approver, it would not answer to go on with the
trial unless his testimony was corroborated. The witness for that purpose is not to be had at present, and we now propose to allow the other persons in custody out on bail, but that Daniel Sullivan and Thomas Cuneen, the men who it is alleged fired the shots, shall remain in custody.
Mr. O’Connell--I am perfectly satisfied with that proposition.
The other prisoners were then ordered to be bailed, themselves in £50, and two sureties in £10 each.
The Hon. Justice CRAMPTON and Judge TORRENS, left this city on yesterday for Downpatrick. They were escorted by the High Sheriff and mounted police.
MUNIFICENCE OF THE HIGH SHERIFF.--The High Sheriff, T.M. JONES, Esq., ordered Sergeant M'CARROLL, and the other police who escorted the Judges into Armagh on Thursday last, a dinner at the Tontine, on the evening of that day ; and at the termination of the assizes, he also ordered a dinner to be provided in same place for Mr. Robert O'NEILL, and the halbert-men, who formed part of the Judges' escort. Both dinners were excellent, and furnished in Mr. MATCHETT's usual good style.
SCRIPTURAL EDUCATION.--On Wednesday last, the Dean of Dromore, the Archdeacon of Connor, Roger Hall, Esq., of Narrowwater, J. M. Maxwell, Esq., of Finnelbrouge, R. E. Ward, Esq., of Bangor Castle, Conway Dobbs, Esq., of Castle Dobbs, George Dunbar, Esq., of Woburn, and Captain Banks, R.M., waited on his Grace the Lord Primate, at the Palace, Armagh, to present an important address on the subject of Scriptural Education, from the united dioceses of Down and Connor and Dromore. The deputation were received by his Grace, with that christian courtesy which has ever been manifested by is Lordship. The address was signed by eighteen thousand six hundred and fifty persons, many of whom were dissenters. His Grace returned a suitable reply.
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