March 11, 1845
Armagh, County Armagh
On the 5th inst., in this City, the lady of Alexander Lane, Esq., M.D., R.N., of a daughter.
At Richhill, by the Rev. Mr. Hogan, Mr. Wm. Donaldson, to Mary Jane, daughter of Constable Holland, both of Richhill.
In same place, by the Rev. Mr. Hogan, Thomas Cully, Esq., to Jane, daughter of Mr. George Rowan.
On the 4th inst., in St. George's Church, Dublin, by the Rev. Gibson Black, the Rev. Joseph Druit, incumbent of Clope, County Meath, only son of the late Rev. Joseph Druit, Vicar of Denn, County Cavan, to Jane Anne, eldest daughter of Charles Thorp, Esq., of Nelson-street, Dublin.
On the 25th ult., at his residence, Warrington, England, in the prime of life, James Clarke Reid, Esq., merchant, formerly of the county Armagh.
On Sunday the 2nd inst., aged 13 months, Margaret, youngest daughter of Francis Carvill, Esq., Newry.
The Grand Jury has appointed the Rev. HUGH MURPHY to be Roman Catholic Chaplain to Armagh gaol.
GROCERS AND SPIRIT RETAILERS.--We understand that the grocers and spirit retailers of Dublin, are about to appeal to the House of Lords, from judgement lately given in the Queen's Bench, in the Excise case of M'Kenna v. Pape, and that they have the most eminent legal assurance of success. It is a matter affecting upwards of 10,000 traders in Ireland, and the Dublin men now call on their fellow-traders throughout the kingdom, to assist them in bearing a portion of the expenses, when all must share alike in the benefits of success. The appeal should not be made to them in vain, when it is recollected the many sacrifices the Dublin people have made in this struggle for the last seven years; and now is the time to make an effective effort or give up the case for ever.
ARMAGH POST-OFFICE.--WM. PATON, Esq., Seneschal of this city, has received a letter from Colonel RAWDON, respecting the memorial forwarded the Postmaster-General, for the closing [of] the Armagh Post-office on Sundays. The letter to which we allude gives every hope that the wishes of the inhabitants will be immediately complied with. The case of Belfast, however, of which mention is made, bears no reference whatever to Armagh; for whilst in the former place the office is closed all Sunday, the prayer of our memorial is merely that the office be closed after the delivery, which cannot affect the trade or inhabitants, who are unanimous on the subject; and we hope Lord LONSDALE will not deny so small a favour, to so worthy an officer as our post-master.
To the Editor of the Armagh Guardian.
SIR,--Dr. Robinson observed D'Arrest's Comet, at Parsonstown, on the 26th ult., with one of the Earl of Ross's telescopes. From the position he gave, I found it on the 5th instant. Its place was, at 11h. 7m. 37s., mean time.Right ascension, 9h. 26 m. 39s. Declination North, 7° 0' 52". It was tolerably distinct in our great reflector; but the least quantity of light sufficient to illumine the micrometer wires, made it very difficult to observe.
N. M'N. EDMONDSON.
Armagh, March 7th, 1845
MARRIAGE REGISTRATION.--His Excellency the Lord Lieutenant has appointed James Ward, jun., Esq., Strawberry Hill, Registrar of Marriages for the district of Lisburn, under the late act of parliament. We have no doubt that the appointment of our young friend will give general satisfaction. Mr. Ward will be found an efficient officer; and the selection of so amiable a Registrar does credit to the discrimination of the Executive Government.--Newry Telegraph.
(From our Enniskillen Correspondent.)
DREADFUL MURDER.--It is with very painful feelings that I inform you of a most shocking murder perpetrated at Lisnagole, near Brookeborough, in Fermanagh, on Thursday last, by an old man named SMYTH, aged upwards of 80 years. The victim of his savage revenge was his wife, an old woman also, whom he chapped on the neck with a hatchet until life was extinct. An inquest was held by HUGH COLLINS, Esq., when the unfortunate man was fully indicted, and committed to gaol to abide his trial at the next assizes.
ATTEMPT TO MURDER.--On Friday last, at Callowhill, in Fermanagh, a dispute arose between two men of the names of HUMPHRIES and TUGMAN, about a run-a-way match, when the former struck his opponent with a pitchfork, wounding him dreadfully in the face. There are but slight hopes of his recovery entertained. HUMPHRIES has fled, but the police are using every effort to detect him.
THE MOLLY MAGUIRES AGAIN.--“Molly's men” visited the neighbourhood of Callowhill on Monday night last, and entered the house of a man named LEONARD, and took therefrom a gun, pistol, and bayonet. They told him that they would not permit him to reside in the house he was at present living longer than the 1st of April.
THOMAS BAILEY, Esq., has been presented with a very affectionate address by the inhabitants of Newtownbutler and neighbourhood, on his recent appointment.
ENNISKILLEN, MARCH 5.
Lord Chief Justice DOHERTY arrived in town to-day, and immediately after proceeded to Court, when the following Grand Jury was re-sworn:--Sir A. B. Brooke, Bart., M.P., foreman; Hon. H. A. Cole, M.P.; Edward Archdall, William D'Arcy, John G. V. Porter, John Brien, F. W. Barton, Henry M. Richardson, Alexander Nixon, Richard Hall, Hugh W. Barton, William B. M’Clintock, Hamilton Irvine, Joseph Richardson, Simon Armstrong, Robert Graham, Capel St. George, Robert S. Dickson, Paul Dane, Robert Archdall, John Crozier, John Hare, and Henry Gresson, Esqrs.
The Crown business, which was very light, terminated early on Tuesday.
Baron PENNEFATHER presided in the Record Court, but there was nothing of general interest.
On the recommendation of Lord ROSSMORE, his Excellency the Lord Lieutenant has been pleased to approve of EDWARD W. BOND, Esq., being appointed a Deputy Lieutenant for the County of Monaghan, in the room of Colonel JOHN MADDEN, deceased.
ULSTER RAILWAY EXTENSION.--The bill for the extension of this Railway from Portadown to this city, went before the Committee of Standing Orders, on Monday se'nnight, and was ordered to be reported to the House as having complied with the requisite forms. This extension will be eleven miles and sixty-six yards in length making, with the present line to Portadown, a total of thirty-six miles, sixty-six yards. The work is to be done by the Ulster Railway Company; the estimate for construction is £133,035, neither tunnel or viaduct on the line.--The Engineer is Mr. GODWIN.
COUNTY OF DOWN RAILWAY.--A preliminary meeting was held on Tuesday, in the County Court-house, Downpatrick, upon the subject of opening up the County of Down by a Railway, to commence at Newry and end at Belfast. The Chair was taken by the Marquis of Downshire, who said that he was much pleased with an opportunity of meeting with some of the gentlemen of the County, and that he was now ready to hear any gentleman for the purpose of explaining the matter connected with opening up the County by a proper Railway communication. After some discussion, a resolution was proposed by the Rev. W. B. Forde, of Seaforde, and seconded by Major Beauclerk, to the effect that it would be advisable to open up the County by a Railway extending from Downpatrick to Belfast. Matthew Forde, Esq., of Seaforde, proposed as an amendment--That it was desirable to open up the whole of the County from Newry to Belfast, by Downpatrick. Subsequently this amendment was withdrawn. Mr. Fraser, County Surveyor, entered into a long explanatory statement of the line proposed by him.--Belfast News Letter.
PROSPECTUS OF THE ENNISKILLEN AND SLIGO RAILWAY.
CAPITAL--£600,000 IN 12,000 Shares of £50 each,
DEPOSIT--£2 10s. per Share.
No Person Liable beyond the amount of their Shares.
The Hon. Edward Wingfield, Moyview, Ballina, and Cork Abbey, Bray.
John Wynne, Esq., Hazlewood, Sligo.
Dep. Lieuts. of the Co. Leitrim ?
William Irwin, Esq., Kilbracken, Carrigallan,
Pierce Simpson, Esq., Clooncorrick Castle,
Directors of the Dublin and Drogheda, Dublin and Belfast Junction, and Dundalk and Enniskillen Railways.
Richard Wright, Esq., 2, Pembroke-place, Dublin.
George Hoyte, Esq., Edenmore, Raheny.
Thomas Mooney, Esq., Kilmacud-house, Dublin.
William Henry, Esq., Mountjoy-sq., Dublin
Thomas M. Gresham, Esq., Raheny-Park.
Directors of the Dundalk and Enniskillen Railway.
William Kilpatrick, Esq., Dundalk.
John Straton, Esq., Dundalk.
Peter Russell, Esq., Dundalk,
John Hamilton Peyton, Esq., J.P., Port, Carrick-on-Shannon
Francis Waldron, Esq., J.P., Drumsna.
George Beatty West, Esq., J.P., Drumdarkin, Mohill.
Lewis Algeo, Esq., J.P., Glenboy
Charles R. Peyton, Esq., Castle Carrow, Carrick-on-Shan.
Wm. J. Peyton, Esq., Summerhill, Carrick-on-Shannon.
George Digby, Esq., J.P., Drumdaff, Roscommon, and 27, Upper Rutland-street, Dublin.
Ormsby Jones, Esq., J.P., Stredda, Sligo.
Thomas Wm. Lloyd, Esq., Ballycullen, county Sligo, and Rathgar, county Dublin.
Captain Bowen, R.N., Laurencetown-house, Banbridge.
Thomas Murray, Esq., Edenderry.
Bernard Peyton, Esq., Caldra, Carrick-on-Shannon.
Robert Smith, Esq., Clantilew, Portadown.
John Overend, Esq., Portadown.
With power to add to their number.
Sir John Macneill, LL.D., F.R.S., M.R.I.A.
James M'Fadden, 115, Stephen's-green, Dublin.
Thomas Mostyn, The Mall, Sligo.
BANKERS IN ENGLAND.
Messrs. Barnett, Hoare, and Co.
BANKERS IN IRELAND.
The Bank of Ireland, and its Branches.
The Provincial Bank of Ireland,
The National Bank of Ireland, and their Branches.
The Royal Bank of Ireland.
Percy Simpson, Esq., 115, Stephen's-green.
Application for Shares to be made, by letter (pre-paid,) to Messrs. Sutton, Gribble and Co., Brokers, Royal Exchange, London; Mr. Robert Corbett, Stock-broker, 5, College-green, Dublin, or to any other of the Dublin Brokers; Mr. Theobald Bushell, Stock and Share Broker, North-street, Belfast; Mr, Andrew Moffet, Stock and Share Broker, 21, George's-street, Edinburgh ; or to the Solicitors or Secretary.
QUEEN'S BENCH CHAMBERS.
(Before the Hon. Mr. Justice Burton.)
The Commissioners of Education a. Harbey and others.
Dr. Radcliffe, Q.C., moved his lordship, upon behalf of the lessor, of the plaintiff, that a special jury should be struck to try this case, and that the defendants should confine their defences to that portion of the lands in question in their possession. The ejectment was brought for the recovery of the lands of Townawilly, in the county of Donegal, containing 1500 acres of arable land, and 5000 acres of mountainous land, and the application now made was made before Mr. Justice Perrin, upon a former day; but his lordship being a Commissioner of Education--in fact a co-plaintiff--he did not like to make any order, merely confining himself to giving the defendants a lecture upon their conduct (laughter.)
Counsel opposed the motion for the defendants, and said it appeared from the affidavit of the agent for the plaintiffs that the tenants were tenants in severalty, whereas, in fact, they were tenants in commonalty; and upon these grounds he submitted that the motion ought to be refused. There had been considerable harshness exercised towards the defendants, and it was Judge Perrin’s opinion and directions that they should be dealt with kindly; and for this purpose letters had been sent to the country, with a hope to have some amicable arrangement made, to prevent the irritation and bad feeling which otherwise must exist, and for that end also he thought that the caseshould be tried at the Summer Assizes.
Dr. Radcliffe, in reply, stated that the commissioners had been put at defiance, and having offered to give those parties leases, they refused to take them; so much so that the agent could not go upon the lands, and it was consequently rendered necessary to have an application made to substitute service; and even in doing so, the names of the substitutes could not be ascertained, because any one who attempted to go upon the lands was violently attacked and beaten by armed men; and if it was for nothing but this gross violation of the law, the commissioners were determined to proceed against them.
Judge Burton--If they are tenants in common, the objection to the motion would be good. Is there an affidavit to sustain the assertion ? for if not I cannot listen to it.
The agent for the defendant said that he personally knew the fact, but did not wish to make an affidavit, being the solicitor in the cause.
Judge Burton--Then I make the order required.
CAVAN--WEDNESDAY, MARCH 5.
The assizes for this county terminated here yesterday evening, without a capital conviction, although the general feeling was, that Thomas Galligan, charged with the homicide of Jas. M'Caffry, at a Ribbon dance held in the townland of The Derries, on the 17th of October last, would have been found guilty of murder! The jury, however, took a more merciful view of his case, and brought in a verdict of manslaughter, to the disappointment of those who were anxiously looking for vengeance on the unfortunate criminal, who would in all probability have lost his own life on the night in question, had it not been for the part he acted. Amongst the witnesses produced on behalf of the prisoner was the Rev. Thomas Brady, the Roman Catholic clergyman of Kilmore, who gave testimony of his peaceable demeanor and good conduct; and to that gentleman's credit, (and we hpe the example may be followed,) he frankly told Baron Pennefather, the judge who tried the case, and by whom he was justly complimented, that he did not think it right to leave the witness-box without stating "that he had reason to know that Galligan had at one period belonged to the Ribbon Society, but that he had given it up about two years ago, in consequence of witness having refused him the rights of his Church, and since when he became very obnoxious to the members of that society, and that it was his opinion the dance at which M'Caffry lost is life was got up for the purpose of creating a quarrel, in which, as it too frequently happens, the fomenter became the victim."
Chief Justice Doherty presided in the Civil Court, in which he was engaged the greater part of three days hearing civil bill appeals ; and it would be doing him injustice if we did not observe the calm, patient, and attentive consideration he gave to each of the cases--upwards of ninety in number--which was the public theme of conversation ; and as a poor man, (who was defeated in one of the cases,) was heard to express himself, on leaving the court-house, "God bless his lordship, he has given me a fair trial." Indeed, nothing could exceed his kind and bland manner with the solicitors, who he more than once complimented for the very efficient manner in which they conducted their clients' cases.
Judge Torrens took his seat in the crown court at ten o'clock, when the grand jury with the exception of John W. Maxwell, Esq., who was absent from illness, were re-sworn before H. Montgomery, Esq., High Sheriff. His lordship, amongst other matters, remarked that there was a habit in some counties of the county surveyor giving qualified certificates for the payment of the roadmakers, where a portion only of the contract is completed. This is quite illegal and should not be persevered, and presentments of this kind should be thrown out. I have also to remark that since the abolition of the Foundling Hospital a very large charge is made upon counties for foundling children, and care should be taken that receipts in full be given for the allowance for the children up to a particular period, and that prospective presentments be not made. I observe also several presentments for malicious burnings, and I expected that such atrocities would be rare in such a peaceful county as this generally is. However, I find that many of the cases have been accidental and not malicious. I need scarcely remark to gentlemen of your station and experience that you are bound to use every exertion in your power to suppress and put an end to these occurrences; and if your efforts prove ineffectual an application should be made to government for an additional police force.--With respect to the criminal business, I observe a much larger number of cases on the calendar than I had before me here on former occasions. There are three cases of homicide, two of which I hope will prove to be manslaughter of a mitigated character. In the other there are two men for trial, and there was a third person, whom I believe was the most guilty, though he is not in custody. This case I think amounts to murder, and you should be very careful in your investigation of it. I am glad that there do not appear any cases of political offences.
The Grand Jury then retired; and his Lordship was occupied up till half-past twelve o'clock in fiating the presentments.
PETTY JURY--Messrs James Jeffrey, James Baird, Robert Boyd, Richard Clarke, John Duncan, John Osborne, Alexander Cloghan, Thomas Cleland, James Brown, Robert Berry, William Farrell, and Moses Cleland.
Andrew M'Cann, for stealing a piece of woollen cloth from the shop of John Scott, at Banbridge, on the 27th of January. Pleaded guilty. Three months’ imprisonment.
Mary Ann Spence, and Elizabeth Jane Martin, for assaulting Jane Gracey, on the 14th of January at Banbridge. Mary Ann Spence guilty. Four months' imprisonment since committal.--Eliza Jane Martin acquitted.
David Wilson, for stealing a purse, containing thirty shillings from the shop of Joseph Orr, of Greyabbey. Guilty. To be transported for seven years.
Isaac Courtney, for stealing a black stuff gown, and a coat in December last, the property of John Murdock, pawnbroker, Newry. Not guilty.
John Callaghan, alias Isaac Devlin, for stealing a silver watch and seal, on the 5th of April, 1844, the property of William M'Knight, of Newry. Guilty.
Alexander Rea, for obtaining from Robert Patterson of Kilmood, on 23d January, by means of false pretences, a bullock and two sheep, the property of Robert Patterson and another. Pleaded guilty.
Alexander Cairns, for stealing seven sheaves of oats, on the 25th of February, the property of James Davison, of Newtownards. Guilty.
William Curlett, for stealing fourteen hens, on the 27th of February, the property of Thomas Christian, of Ballygilbert. Guilty.
James Cadlely, for stealing a horse-slip, on the 6th of Feb. at Camlough, the property of Henry Thompson. Guilty.
Margaret M'Clean, for stealing a silver watch and seal, a diamond for cutting glass, and 14s or 15s in silver, on the 20th January last, at Downpatrick, the property of William Nesbitt. Not guilty.
Rose Jervis, for stealing about three yards of black Cobourg cloth, on the 3d of February, the property of Jane Herron, Banbridge. Guilty.
WEDNESDAY, MARCH 5.
The Court opened this morning at nine o'clock, when the following persons were sworn as a
PETTY JURY--Messrs. Robert M'Cleery, James Jeffrey, Richard Clarke, John Duncan, Thomas Cleland, William Farrell, Moses Cleland, Robt. M'Cammon, Andrew Oswald, Robt. Boyd, John Bailie, and William Cleland.
John Kinney, for the manslaughter of Bernard M'Fadden, at Kilkeel, on the 27th November last.
Richard Mooney examined by Mr. Hanna, Q.C.--I recollect the 27th of November last. I saw John Kinney and Bernard M'Fadden in Kilkeel on that evening. They are brothers-in-law. I am not related to either of them. I saw Kinny first betwixt and bed time. I spoke to him when I came up to him. He was standing stripped on the road then. I did not hear him say any thing then, nor did I see anything in his hand. His sister who was with him begged me to help her home with him. I did so, and while we were on our way, I saw a crowd with M'Fadden, and I heard a woman’s voice say, "drop the knife or you’ll kill the man." I did not see any knife with Kinney.--When we came up to the crowd, Kinney broke away from me, and gave M'Fadden the clout which knocked him down. That was all I saw of the matter, as I went into my own house then.
Elizabeth M'Fadden examined by Sir T. Staples--I live in Kilkeel. I am the widow of the late Bernard M'Fadden. I remember being in Robert Crutchley’s house, on the evening of the 27th November. We left it about nine o'clock. When we got to our own house, Kinney came there with a razor, and showed it my husband, saying, at the same time, that he had bought it for sixpence. I advised him to put the razor up and go home. He called me bad names, and swore he would have a life before he would sleep. I went to put the prisoner our of the house and he fell in the scuffle, and I fell over him. We put him out, and a boy named Reynolds took him home. Reynolds came to our house again, and said there was murder to be committed. I thought Kinney had murdered his wife, and I went up to his house; and having called and got no answer, I heard his wife shouting that my husband was a murdering. My husband was then carried into the house. He was wounded about the head, and was bleeding. The breath was in him, and no more. He died shortly after. I did not see my husband touch the prisoner.
Thomas Reynolds examined by Mr. Hanna--I was in M'Fadden's house on the evening he lost his life. I remember Kinney coming there; he had a razor, for which he said he had paid 6d. The deceased told him to go home. Some quarrel ensued between the prisoner and Mrs. M'Fadden. They were in holds, and I released his hand from her neck. He was then put out, or went out. I assisted him home, as he was a little tipsy. I saw him making ready, in his own house, to come out to box. He stripped off his coat and waistcoat, and got a string to tie up his trousers with, and then called for a knife to cut the string. He sharpened the knife on the wall, and then got something like a bottle, and called on him and his wife. I went in, and begged of him to stay in the house, but he would not. There was a crowd of people assembled. M'Fadden went out, and I heard the blow given that killed him. I went forward, and heard him give a hiccup, and breathe twice.
Cross-examined by the prisoner--I saw the deceased man's wife lift the tongs, but I did not see her strike you. She lifted them, and dropped them again, as if they were hot. I would suppose that her intention was to strike you.
Dr. M'Ilwaine, examined by Sir T. Staples--I saw the deceased man on the 27th of December. In about four or five minutes after I saw him, he died. On a post-morten examination of the body, the next day, we found a most extensive fracture of the skull. The wound was inflicted with a blunt instrument. That wound caused his death.
Ann Lynch, examined by the prisoner--Said, that, on the night in question, she heard a noise in M'Fadden's and saw the deceased, his wife and daughter, engaged with the prisoner. She could not tell whether the deceased was beating the prisoner or not, but the man was severely beaten. She went down and told his wife, and shortly after she saw the deceased carried home between two men.
Henry Doyle, examined by the prisoner--Deposed that he saw the wife of the deceased throw a stool at the prisoner. The stool struck him (Doyle), and witness told her she should be cautious in throwing things of that kind, as she did not know whom she might hit. She said she intended to hit Kinney with it, and not him. Her husband then came and took her away.
Charles Herron was examined by prisoner, but there was nothing material in his evidence.
His Lordship having delivered his charge, the jury, without retiring, returned a verdict of guilty. To be imprisoned for eighteen months, and kept at hard labour each alternate month, pay a fine of £5 to the Queen, and give security, himself in £50, and two sureties in £25 each, to keep the peace towards all her Majesty's subjects.
His Lordship having summoned the Grand Jury before him, directed their attention to the fact, that, in case of the homicide of M'Fadden, at Kilkeel, no fewer than twenty-one witnesses had been summoned,--twelve by the Coroner, and nine by a Magistrate. He dwelt at some length on the heavy expense which was, in consequence entailed on the County, and requested, that, as the Coroner was their own officer, they would inquire minutely as to whether there was any necessity for so large a number of witnesses to be summoned.
The Grand Jury, in pursuance of his Lordship's direction, sent for the Coroner.
Mary M'Cappin, for the manslaughter of John Glen, on the 31st August last, in the parish of St. Andrews.
Margaret Glen, examined by Sir T. Staples—I live at a place six miles beyond Portaferry. I had a child of the name of John Glen. He is dead. He died in the month of August last. I know Mary M'Cappin’s house. I was going there for some change she owed me. I met her on the road, and we had some altercation. When we got near my own house, she laid down a can of mile which she had in her hand, and struck the child twice. On the second blow having been given, the child fell out of my arms on the road, on his head and shoulders. I stooped to life the child, and she struck me on the back of my neck. When I lifted the child, he was bleeding at the mouth and nose. The child was in perfect good health before this. He was two years and two months old. She struck the child twice before she struck me. I lifted the child and took him to my mother, and then to Colonel Ward. I got a line from him to Dr. Murland, who attended the child. The child lived about four weeks after. Dr. Murland is in Scotland. There was an inquest held on the child, and Surgeon Chermside was on it.
Cross-examined by Mr. Andrews--The prisoner is a cousin of mine. We were on very good terms before this, and I have frequently dined at her house. On the day this affair occurred, we were very angry, and used bad words to each other. I struck her after she struck me. I bit her, but it was when she was hanging me. I did not lay down the child myself. After I had the child up, I kicked over her can of milk. The child was not running about after this occurred. He was scalded some time before, and was attended by Dr. Rankin. It was four weeks before he was quite well.
Doctor Chermside examined the body of the child after death. The body appeared emaciated. Opened the head, and found a slight extravasation of blood, on the left hemisphere of his brain. That was sufficient to cause his death. A fall or a blow would cause the extravasation. Did not observe any external marks.
Cross-examined by Mr. Andrews, but there was nothing material elicited.
His Lordship addressed the Jury, and told them, that, in his opinion, there was not sufficient evidence to shew that the violence inflicted by the prisoner on the child had been the cause of his death.
The Jury, after a few minutes' consultation, handed in a verdict of acquittal.
Susana Nelson and Margaret Robinson, for feloniously taking from the person of Hugh M'Kevitt, at Newry, two bank post bills, each value for £30; and two bank receipts for lodgments of £200 on the 20th February. Margaret Robinson not guilty. Susanna Nelson guilty.
William Adair and William Cree, for stealing eight slates, value sixpence, on the 20th of January, at Ballyleidy, the property of the trustees of the estates of Baron Dufferin and Claneboy, a minor.
William M'Donnell, examined by Mr. Ross--I recollect the morning of the 20th of January last. I was watching over Lord Dufferin's property on that morning. I saw two men carrying away slates about two o'clock in the morning. I made a prisoner of one of them. His name is William Adair. When I chased him up the hill, I saw him drop something which I found to be slates. They were about ten inches broad and twenty long. He had a small ladder with him, and a rope attached to the end of it. He took the slates from a haggard. The other persons ran away. Adair ran into a planting, and I followed him and took a hold of the ladder. He struck me with it, and told me to be gone. I said I would shoot him if he would not become my prisoner. I took him, and he asked me to allow him to go home and put on his coat, but I would not let him. When he came to the slates, he wanted to bring them with him, but I refused to allow him. I marched him to the Steward, Mr. Templeton.
Cross-examined by Mr. O'Hagan--I often saw Adair before that night. He lives about a quarter of a mile from Lord Dufferin's demesne wall. I was about eight or ten yards from him when he let the slates drop. He was running at the time, and in twenty-six paces I came up to him. The prisoner had a cow grazing in Lord Dufferin's park. Adair said to me, one time, that his cow had been milked, but told me he never blamed me for it. I have heard that Adair has two farms, one in each side of the demesne. Lord Dufferin is Adair's landlord. There is no allowance for any farmer to take a short cut through the park from one road to the other, for the gates are locked.
To Mr. Joy--There was a cord attached to the ladder, and an iron hook at the end of the cord.
William Scott, Constable of police, stated, that the elder prisoner was given into his custody, on the 20th January, and that he found a barn key and a skeleton key on his person. I took the other prisoner into custody about two hours after. [Produced the barn and skeleton keys.] In the cross-examination there was nothing elicited.
John Henry Howe, examined by Mr. Joy--I saw the slates mentioned by last witness. They were of the same description as those that were lying Lord Dufferin's haggard. The prisoner admitted to me that he had taken the slates, for the purpose of roofing a pig-house.
Cross-examined by Mr. O'Hagan, but nothing of any importance was elicited.
Mr. O'Hagan made a few observations for the defence ; after which,
His Lordship summed up the evidence. The jury acquitted Cree, and found Adair guilty.
James Green, for obtaining goods from Thomas Hunter, of Ardglass, under false pretences. Found guilty.
John Rafferty, for stealing a mare, a saddle and bridle, a horse sheet and roller, from the stable of W. E. Brabazon, Esq., and a pair of stirrup-irons, the property of John Reilly, on the 25th of July. Guilty. To be transported for ten years.
Elizabeth Waring, for wilful and corrupt perjury before Theophilus Jones, Esq., Assistant-Barrister, at the October Sessions of Newry, at the trial of Jane Burns and Alice Cunningham. Guilty. To be transported for seven years.
The prisoner said, on leaving the dock, in a Southern accent,
"Well, I am very glad I am transported, and you could do no more."
William Mawhinney and Samuel Mawhinney, for an assault on James Thompson, were admitted to bail, to stand their trial at the Quarter Sessions.
Mary Kennedy, charged with drowning her bastard child, was discharged by proclamation.
John Mannon and John Hart, for feloniously entering the house of George Blackham, of Newry, on the 22d of February, and stealing therefrom two silver watches. Guilty. Each to be transported for seven years.
Lucinda Murphy, for stealing two hens, and several other articles, on the 26th of February, the goods of John and Mary Barlow, of Ballybannon. Pleaded guilty.
James Glen, for attempting to break into the house of Mary Gault, on the 2d of February; also, for an assault on Moses Whiteside. Guilty of the attempt at burglary.
Tuesday, March 4.
(Before Baron Lefroy and a Special Jury.)
ACTION FOR LIBEL.
Malcolmson (brothers) v. the Proprietors of the Warder and Statesman Newspapers.
Mr. Harris opened the pleadings. This was an action for libel instituted by the Messrs. Malcolmson, of Portlaw, county of Waterford, cotton manufacturers, against the defendants. The declaration contained twelve counts. The damages were laid at £2,000. The defendants put in please to the effect that the article was published without "actual malice" or "gross negligence," and that an apology had appeared on the 28th of June, 1844.
Mr. Hatchell, Q.C., stated the case, and read the alleged libels, which were censures of the truck system, directed against a factory in the county of Waterford, but without mentioning the proprietors’ name.
The Rev. John Thomas Medicott swore that the moment he read the article he knew it applied to the plaintiffs' factory.
Mr. Whiteside ably addressed the jury on the part of the defendants.
After a short conference they returned a verdict of £500 damages, and 6d costs.
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