July 22, 1845
Armagh, County Armagh
At Dr. Henry's Church, Armagh, by the Rev. Mr. Elliott, Portadown, John Hanna, of Terryskean, county Armagh, Esq., to the second daughter of the late William Wilson, Esq., of Blackwatertown, and niece of the late Sir Isaac Wilson, Knight, Surgeon in Ordinary to the late Duke of Sussex.
On the 17th inst., in Charlemont Church, by the Rev James Disney, Joseph Patterson, Esq., Moy, to Susan, fifth daughter of Robert Corrigan, of Moss-spring, Esq., and niece of John Corrigan, Esq., of this City.
In Clones Church, by the Rev. Charles Welsh, Mr. Robert Irwin, merchant, Clones, to Louisa Maria, second daughter of the late John Clarke, Esq., Post-master, of same place.
July 10, Captain William Lacey, late of the 46th Regiment, and son of Colonel Lacy, Royal Artillery, to Georgiana, widow of the Rev. James Henville, M.A., of Wymering, Hants, and daughter-in-law of Sir Charles Napier, K.C.B., of Merchistoun-hall, Hants.
On the 16th instant, in this city, of consumption, Jane, the beloved wife of Mr. Daniel M'Allen, aged 27 years.
Yesterday morning, in this city, Elizabeth, fourth daughter of Mr. John Douglas, of Scotch-street, aged 11 years.
At Blackwatertown, of hooping-cough, on the 13th instant, aged three months, James, second son of James Hanna, Esq., of same place, and grand-nephew of the late Sir Isaac Wilson, Knight, Surgeon in Ordinary to His Royal Highness the late Duke of Sussex.
July 13, after a few days' illness, at Charlestown Glebe, county of Louth, the residence of her father, the Rev. Richard Olpherts, Eliza Jane, relict of the late Rev. Theodore Dunkin, late Chaplain in the Hon. the East India Company's Service. Her remains were interred in St. Mark's Church-yard, in this city, on Thursday last.
regret to see a desire manifested in some parts of the country to
revive this unchristian and illegal practice. On Friday last,
information was received by sub-Inspector KELLY, that a large
assemblage of persons were to meet the day following, on a
cock-fighting occasion, at Battleford bridge, on the borders of Armagh
and Tyrone. Accordingly, on Saturday, a party of police,
consisting of Sub-inspector KELLY, head-constable LODGE, and 20
sub-constables, with a company of the 46th depot, proceeded to the
place, accompanied by Counsellor ROBINSON, J. P. On arriving at the
bridge, they found Mr. EYRE, J.P., had been there previously, and had
partly succeeded in dipersing the gathering. Counsellor ROBINSON,
however, thought it prudent to search
the houses, which he found full of people, and after remonstrating with
them for some time, succeeded in inducing them to return home. Great
praise is due to Mr. ROBINSON for his promptness and decision, as well
as for the handsome manner in which he treated the military and
constabulary, by having refreshments prepared for them at Knappagh
The answer to our
inquiries respecting the state of the unfortunate sufferers in the
late affray, is, with the exception of Corr, that they are all doing
The legatees of Sir ISAAC
WILSON, Knight, Surgeon in ordinary to his
Royal Highness the late Duke of Sussex, from the neighbourhood of
Blackwatertown, were receiving their legacies on Thursday last. Sir
ISAAC was originally from Blackwatertown, and it is said he left
£80,000 to seven legatees.
Mr. INSPECTOR KELLY.—We
are requested, on the very best authority, to contradict a statement
which has been going the rounds of the provincial newspapers
representing Mr. Kelly—who commanded the constabulary at
Ballinhassig, with so much coolness and judgment—as a
Conservative Roman Catholic, and a native of Enniskillen. He is, and
always was, a Protestant, and was never in or near the town of
Enniskillen. We feel much pleasure in publishing this contradiction.—Statesman.
Mr. KELLY and all his brothers are Englishmen, born in Hampshire.—ED.
His Excellency the Lord Lieutenant, has been pleased to make the following appointments, under the provisions of Act 6th, William IV., cap. 13, viz. :--George Despard, Esq., to be resident magistrate for the county of Armagh ; Charles H. Tuckey, Esq., to be resident magistrate for the county of Antrim. M. Singleton, Esq., to remain in Newry.
On Friday last two
persons appeared before Mr. PATON and Mr. DOBBIN, and swore
informations against a man named HEUSTON, for having fired at CORR,
whose state is still critical. Head-Constable LODGE arrested the
accused, and had him committed to gaol. We believe bail would not be
taken until a medical certificate was obtained that CORR was out of
IN IRISH-STREET.--A requisition signed by Lord GOSFORD, WM. PATON,
Esq., J.P., M. SINGLETON, R.M., and Counsellor ROBINSON, J.P. was
forwarded to the Castle on Wednesday last, from this city, praying the
government to add ten men to the police force in Armagh. The Lord
Lieutenant attended to the prayer, and accordingly augmented the force
the required number. They have been stationed in a temporary barrack in
Wednesday it was rumoured through town that a man named GRANT, while
coming from Caledon to Armagh, was shot at, and escaped providentially
by the ball coming in contact with a quantity of silver and copper in
his trousers pocket. Shortly after the news arrived, JOSEPH and JOHN
COMBINE, and ----- BOYD were arrested and brought before the
magistrates, who, after investigating the matter, liberated them. The
report we believe was groundless; but we would suggest to the
authorities the necessity of keeping the police on the alert to prevent
several youths, who sometimes keep firing shots from small pistols.
Such conduct is only calculated to excite alarm in the minds of the
country people, and by deterring them coming to market in Armagh as
formerly, materially injure the trade of the city.
We understand an
address is now in progress of signature, returning thanks to
Sub-Inspector KELLY, for his active exertions in quelling the riot in
Armagh, on the 12th inst., regretting the injuries he received in so
a. HEATH.—The hearing in this cause, is now, we are
informed, definitely fixed to commence on Monday next, the 28th
instant, at the Court-house, Armagh. Sir HENRY MEREDITH, Bart., is the
advocate for Mr. HEATH ; and Dr. GAYER on behalf of the Impugnant. The
advocates will appear in their professional dress.
We have great pleasure
in publishing a report of a meeting held in Glasslough, for the purpose
of presenting a memorial of respect from the tenants of Charles F.
Leslie, Esq., M.P. , to Henry Mitchell, Esq., Mr. Leslie's agent. It
was not long since a similar demonstration of esteem was made to Mr.
Leslie himself, who was given an example worthy of imitation to the
landlords of Ireland ; and if well deserved by the landlord, we
must say it was equally merited by the agent, for the zealous and
efficient manner in which he has carried out the benevolent intentions
of his principal. Mr. Mitchell has earned for himself the love of the
tenantry, under his management, acquired the confidence of the
landlord, and added them to the friendship and esteem entertained for
him by all classes in this county. The short address of Mr. Ryan to the
meeting, is a striking proof of what a man do even in an arduous office
when he is guided solely by integrity of principle and the pilotage of
an an [sic] honorable mind. The piece of plate was a richly chased Urn,
got up in the unique and perfect style for which the firm of Waterhouse
and Company is justly celebrated.—Monaghan Standard.
--The following is a summary listing, or
index, of the names,
addresses, and personal details that appeared in this lengthy article;
summarized by A. Kilpatrick, 15 Sept 2002.
===================MONAGHAN—SATURDAY, JULY 12.
The Crown court was opened this morning at half-past nine o'clock.
PETIT JURY :--Messrs. Patrick Kelly, William Blackburne, William Dougherty, Thomas Howe, Neale Mullen, John Murray, Edward M'Phillips, Robert Lewers, James Moynagh, Pat. M'Kenna, William Hughes, and Wm. Norwood.
Denis Lynch, Michael Fealey, Peter M'Cabe, Peter M'Donnell, and James Fealey, were charged with unlawfully assembling themselves, and breaking into the house of Doctor Leslie, of Laragh, June 27th, and for an assault on Mrs. Leslie, at same time and place ; also William Jackson and Joseph Oliver with being accessories thereto.
Sir Thomas Staples addressed the Jury, in which he detailed the facts of the case, and he afterwards called upon the following witnesses :--
Wm. Smith, examined by Mr. Tomb, Q.C.—Is corporal of the 74th regiment ; knows Dr. Leslie's house in Laragh ; was there on June 27 ; there were in the house old Mrs. Leslie, and the servant, Ann Duffy ; between nine and ten o'clock in the morning several persons came to the house ; these persons came up to the hall-door, which witness afterwards found was locked, and commenced knocking and battering at the door with a heavy instrument, which appeared to witness to be like a sledge ; witness told the persons to go away, and to do no injury to the place, but they continued battering till they broke in a panel of the door ; they then went round to the kitchen door, which witness found afterwards to be both locked and barred, and they commenced battering the door with a sledge, until they succeeded in breaking a board off the door ; through the opening he saw one of the party, whom he recognises as one of the prisoners at the bar ; his name is Denis Lynch ; they then broke in the door altogether, and five or six men came into the house ; Lynch was one of the party, and he had a sledge in his hand ; saw a pistol in the hand of another ; when they broke into the house, Mrs. Leslie and the servant girl were in the kitchen ; the party then desired the inmates of the house to clear out ; Mrs. Leslie asked Lynch for his authority, and he said it was in his pocket ; Denis Lynch then caught hold of Mrs. Leslie by the arm, and with others dragged and pushed her out of the house, and shut the door on her ; went away then, and left these persons in the house.
After being cross-examined by Mr. Holmes, Anne Duffy and Mary Quin deposed to the same facts.
Alicia Macmahon, examined by Mr. O'Hagan—Knows Denis Lynch, the prisoner ; identifies him ; knows Dr. Leslie's house ; lives about thirty perches from it ; the Leslies have occupied the house since before spring ; recollects June 27 ; saw Denis Lynch in the house of one M'Nally, at twelve o'clock ; he went into a room, and came out with two small pistols, one of which he put on each side of his breast, and then went out of the house ; he afterward returned and said he had left a man in the big house (meaning Dr. Leslie's) and if he (the man) would kill any one in half an hour no on could tell who he was ; Dr. Leslie's house is near M'Nally's.
Cross-examined by Mr. Perrin—Has lived near Dr. Leslie's house for some time ; knew old Mr. Oliver who lived up there till his death ; knew that Jos. Oliver lived there till last spring ; did not see the Leslies living there till spring ; they were, however back and forward at the house.
Thomas M'Garrell, examined by Sir T. Staples—Knows Dr. Leslie's house in Laragh ; on 27th June was in Castleblayney at ten o'clock, and was there at twelve o'clock ; there accompanied him Frank Duffy, Smith, and James Mahon ; when he got to the house he saw the door broken ; saw Peter M'Cabe inside the back door with a pitchfork in his hand ; saw Michael Fealy inside with a blunderbuss ; they presented the gun out of the broken door, and ordered witness and his party to stand back or that they would rue it ; told them that they were sent there by Mr. John Leslie ; besides the men he mentioned, saw also another man with a pitchfork ; did not go into the house ; went into the barn, which is next to the house, and remained there till night.
David Leslie, Esq., examined by Mr. Tomb—Knows the house and mills at Laragh ; was in possession on 27th June last ; William Oliver was the former owner ; he is now dead ; he was the father of Joseph Oliver ; William Oliver became indebted to Dr. Leslie to nearly the amount of £6,000 in cash, securities, amount paid on mortgages, and cash per banks ; took William Oliver out of gaol ; took his son out of prison ; took several conveyances for security ; conveyance first produced, a lease conveying all the lands, &c. ; another deed conveying all the mills, &c., dated 5th December, 1844 ; mortgage conveying all to Young, and the transfer from Young to David Leslie ; Wm. Oliver gave possession of the property to Dr. Leslie before his death (some time last Summer) containing the mills, &c. ; Dr. Leslie paid all the laborers ; hired Mr. Oliver's old servant, and made new agreement with him ; paid him money due in William Oliver's lifetime ; knows Joseph Oliver ; told him he had married previous to his father's death. (A document of conveyance of furniture, &c., drawn up by Joseph Oliver himself at the time Dr. Leslie got possession, in June, 1842, handed up to the Court.) Joseph Oliver only came there in day time, but slept with his wife at night, off the premises ; Joseph Oliver was aware of Doctor Leslie's getting possession. (Reads Joseph Oliver's letter, dated the 23d of May, 1843 :--“ Dear David,--I am astonished you ever wrote such a note to Mr. Leslie, I think you have known me long enough not to accuse me of being a rogue. I never stated to any one that I had any title in Laragh, or if I had a title I would give it up as willingly as I was to get your money. (Yours &c., Joseph Oliver.”) Memorandum of agreement of a lease for a year of a portion of the mills and lands of Laragh, from Mr. Leslie, commencing at May, 1842, and ending May, 1843, at the yearly rent of £180 ; Mr. J. Oliver never got possession, or paid rent under this agreement ; Mr. Leslie went to Laragh, after J. Oliver was arrested (I think in February last) ; witness is seldom there now, owing to threatening notices posted up there, saying “ he would be shot like a dog at his own hall-door,” &c. ; witness's mother and his servants reside in his house at Laragh ; William Oliver, the father of Joseph, gave possession of the house, lands, and mills of Laragh, to witness, on June 18, 1842. Cross examined by Mr. Holmes.—Witness allowed William Oliver to live up there to the time of his death (about a year ago) ; witness himself resided half his time at Laragh, and the other half at his residence in the County Armagh ; (witness produces a deed executed to him in 1835) ; he was then a candidate for the County of Monaghan ; witness executed the lease handed to him by Joseph Oliver, stating distinctly that the lease had been altered since he had signed it, reducing the rent from £360 to £106 per annum ; the stamp carried £360.
[The lease was examined by the Court, and pronounced altered ; the alterations were not initialled bythe witness ; the document was therefore invalid.] Witness pronounced the lease to have been fraudulently altered since he signed it, as the stamp duty would carry the full amount of £360, which was altered to £106 changing “three” into one, and erasing the last syllable from sixty ; witness had J. Oliver arrested at the last Castleblayney Quarter Sessions ; he was since discharged by the Judge ; witness opposed his discharge, being apprehensive, if he was discharged that he would create more riot and disturbance ; witness is now the owner of all the mills and lands of Laragh, and stated to Mr. Holmes that he would let him or Mr. Oliver have them for much less than they cost him.
Francis Smith, examined by Mr. Hanna, Q.C.—Recollects being in Chapel, on Sunday, March 2 ; heard Mr. Wm. Jackson, the traverser, addressing the Congregation in the Chapel-yard ; he gave out for no one to work in Laragh, unless with Mr. Joseph Oliver's leave, and for no one to pay any rent to Dr. Leslie, or they would rue it.
Mr. Holmes here submitted that there was no evidence against Oliver or Jackson, as being accessories to the crime. Mr. Tomb—We have much more evidence against Mr. Jackson and Mr. Oliver ; but as my client only wishes to enjoy his property in peace, he is willing to allow a nulli prosequi against them.
After some further observations,
Judge Perrin said—Gentlemen of the Jury, you will find a verdict against these four men, Lynch, Fealey, M'Cabe, and M'Donnell. (The prisoners had previously submitted.) Then addressing the prisoners, he said, you and all of you ought to feel that you have been mercifully dealt with. Had Mr. Leslie called on the Court to pronounce sentence, I would have felt it my duty to have passed a very severe one. You are now let out on your own recognizances, with judgment hanging over your heads, liable to be called up for sentence during that time, if you misbehave. As for those gentlemen associated with you, I should recommend them in future not to advise men in humble life to commit crimes that may deprive them of liberty, and sub ject them to be tried for murder—for had Mr. Leslie's men been in the house when the outrage was committed, you might all have been now standing your trial for murder, as it was clearly proved to me that Mr. Leslie was in quiet and peaceable possession.
Captain N. W. ALGEO
and Lady, leave Armagh for Germany in a few days.
TUAM.—John Lees, A.B.; Llewellyn Wynne Jones, A.B.
DUBLIN.—Edward Metcalf, A.B. ; Brewer Henry Blacker, A.B., John L. Robinson, A.B. ; Richard Edward Keene, A.M.
CLOGHER.—David Fitzgerald, A.B. ; Simon J. Fausset, A.B.; Charles L. Black, A.B. ; Charles L. Bell, A.B.
KILLALOE—Rev. Edward Richey, A.B., Priest; Henry Wolfenden, A.B., Deacon.
DERRY.—Rev. Robert H. Rodgers, A.B., Priest.
LIMERICK.—Newcome Willis, A.B., Deacon.
VICAR-GENERAL, DIOCESE OF TUAM.—The Bishop of Tuam has appointed Mr. Jolly, Barrister-at-law, to be Vicar-General of the diocese.
ROYAL REGIMENT OF ARTILLERY.
A FEW YOUNG UNMARRIED MEN, of good moral character, from 18 to 22 years of age, five feet eight inches height, to fill up vacancies occasioned by pensioning old Soldiers, who have served their time, and other casualties.
Application to be made to the Parties under the command of Lieutenant CLARKE, Head Quarters, Lisburn, who has great pleasure in being able to state, from the authorities at
Woolwich, that better behaved men are not in the Regiment than those sent from his station.
Recruiting for the Corps has recommenced at Charlemont, under the command of Captain D'ARLEY. Bounty, £5 15s 6d.
TO BE LET,
For such Term as shall be agreed on,
SITUATED on the banks of the Bann, commanding a beautiful view of that splendid river, together with the Waterfall of the Salmon-Leap, near Coleraine. The House and Offices are large and convenient, suited to the accommodation of a Gentleman's Family, and stand in a well-wooded Lawn. There is a superior Garden, surrounded by a Fourteen Feet Wall, covered with choice Fruit Trees in full bearing, and a fine selection of Roses and Flowering Shrubs. Besides the Garden, there are about 20 Acres of good Land. Any Gentleman fond of fishing or hunting will find Castleroe a desirable Residence. The House and Premises can be seen any
day in the week, Sundays excepted, and every information afforded by Mr. JOSEPH WILSON, Castleroe.
The Furniture which is good and almost new, will be given at a valuation, and the rent £100 per annum.
Castleroe, 18th July, 1845.
===================In the Court for Relief of Insolvent Debtors.
In the Matter of THOMAS JOHNSTON, an Insolvent.
THE several Schedule Creditors of THOMAS JOHNSTON, late of Magmanillen, in the County of Armagh, are hereby informed that a meeting will be held before the Chief Clerk, at his office, No. 3, Lower Ormond-quay, Dublin, on Wednesday, the 6th day of August next, at the hour of one o'clock in the afternoon, for the purpose of examining the Assignee's accounts in this matter, and if necessary, for correcting and ascertaining the list of Creditors entitled to receive dividends in this matter, and for inquiring into all other proper and necessary matters, in order to pay a dividend in this matter.—Dated this 16th day of July, 1845.
JOHN SMALL, Assignee.
|COUNTY ARMAGH ASSIZES.
CROWN COURT—MONDAY, JULY 14.
(Continued from our last)
The following gentlemen were sworn on the Petit Jury:--Messrs. William Rainey, Henry Savage, J.H. Cardwell, Richard Lindsey, Adam Ledlie, Sinclair Carroll, Alexander Kinmouth, Robert Gilmore, Robert M'Endow, Simon Sinclair, Crozier Christie, and John Moore.
Essy M'Kee and Mary Anne North, for stealing a coat, shawl and handkerchief, the property of Patrick M'Kenna, at Armagh, on 27th June last.
Essy M'Kee, Guilty—to be imprisoned six months and kept at hard labour. Mary Anne North, Not Guilty.
Edward Burns was indicted for stealing a cow, the property of Susanna Carroll, on 11th July, 1842. Not guilty.
James Hughes, for a rescue and assault on Joseph Brady and Bernard Magennis, and also for a riot. No prosecution.
Magaret Owens, for stealing some potatoes, the property of John Morrison, on the 24th February last, at Tullyorier. No prosecution.
Jane Rolleston, alias Campbell, for stealing a gown, the property of Sarah Rooney, on the 28th ult., at Portadown. In the absence of Sarah Rooney, Thomas M'Caffrey, a Policeman, was examined. He proved to have gone to the prisoner's house and got part of a gown from her, and then going to the pawnbroker's and receiving the remainder of the pieces by producing a ticket which he got from the prisoner.
Sarah Rooney was next called up, but could give no evidence as to the identity of the property, it having been dyed after it was stolen. Accordingly the prisoner was acquitted and discharged.
Mary M'Gowan, for stealing a pair of trousers, on 8th July, the property of John Dunleavy, of Armagh. Guilty—to be imprisoned three months at hard labour.
Owen Fearon was indicted for passing a forged check on the Armagh branch of the Belfast Banking Company, to John Bennie, Esq., Newry.
James Burns examined—Lives in Newry, in this county; is in the employment of Mr. Bennie, a metal founder; knows prisoner at the bar; saw him there on 5th May last; he was inquiring the price of metal spouting ; purchased some, with other things, to the amount of £3 18s. ; gave a cheque on the Belfast Banking Company for the sum of £8; left it on the desk till Mr. Bennie would ocme in ; Mr. Bennie came in afterwards and made no objection ; paid prisoner the difference ; prisoner said, when he was selecting the pieces, that Mr. Cope lived in Drumilly, and that he was in his employment; took the cheque next day to the Bank of Ireland branch, in Newry, where it was refused.
Arthur Cope, Esq., was then sworn and examined—Lives in Drumilly, in this county ; does not know prisoner ; never employed him; the cheque produced with his name to it is a forgery; never gave any authority to any person to put his (witness's) name to a cheque; does not know of any person of the same name; has no business with the Belfast Banking Company. Guilty.
There was another case of an exactly similar nature against the prisoner ; but in consequence of Mr. Cope not being in court when called upon, the prisoner was acquitted.
Nancy Dogherty, for stealing a pig's head, on 12th July, from John Lavery, at Portadown. Guilty—three months at hard labour.
John White, for firing a loaded gun with intent to murder James Jamison, on the 3d of March last, also for a grievous bodily assault.
James Jamison, the prosecutor, having entreated his Lordship not to try the case, as he believed that the prisoner deeply regretted having committed the offence, the prisoner was acquitted and discharged.
Patrick Martin, for stealing some turf, the property of John Rafferty, on 12th July last, was fined 6d., and discharged.
Edward Jones, for stealing three pigs' heads, the property of John M'Gowan, on 12th July, at Portadown. Pleaded guilty. To be imprisoned three months at hard labour.
The Court then adjourned to next morning.
Judge BALL entered the Crown Court this morning at eleven o'clock.
The first case to have been gone into was that of Peter Magill, for the murder of Christopher Jordan.
Mr. QUIN, solicitor, applied to the court to have another case called on, that he might have a little more time to prepare the defence.
His Lordship thought there was no trial for this assizes but the murder.
Sir THOMAS STAPLES said that the Grand Jury had found bills against the prisoners for the assault and rescue on Sunday morning last, and the crown was ready.
His Lordship said he was under the impression that none of the parties implicated in the late dreadful affray in Armagh should be put on trial at present, but as the crown was prepared and willing to proceed, he would not object.
PETIT JURY:--Messrs. Wolsey Atkinson, John Walker Redmond, Hertford Montgomery, Robert M'Credy, William Gibson, Matthew Ochiltree, John Hughes, Robert Keegan, Averell Shillington, Samuel Byers, Thomas Walker, and William H. Leatham.
ASSAULT AND RESCUE IN ARMAGH.
Thomas Leathem, Hugh O'Neill, Bernard M'Glone, and John M'Cluskey, were indicted for an assault on Robert Morrow, a Constable, at Armagh, on the 13th July, inst., while in the execution of his duty, and rescuing from his custody one Thomas Quin ; also, for a common assault ; and for a riot, at same time and place.
Sir T. STAPLES stated the case for the prosecution. It arose out of the unfortunate occurrence on the occasion of the collision that took place on Saturday last between the Orangemen NS Roman Catholics, the particulars of which have been fully detailed The following witnesses were then called :
John Lodge, Head Constable of police, examined by Mr. HANNA—Produced the warrant signed “George Robinson,” a magistrate of this town, to arrest a person named Thomas Quin ; in consequence of the warrant proceeded to Callan-street to the residence of Thomas Quin, and took four policemen with him ; was accompanied also by the County Inspector, Mr. Anderson ; the men had their carbines ; the door was open when they arrived ; observed it to be closed as they approached ; no force was used ; told Quin when he entered that he was witness's prisoner ; thinks he told him it was for an assault; brought him out, and was proceeding to the barrack, when the mob collected and said they should not take him that way, but some other way they mentioned ; in hopes of avoiding a collision, did take him the way the mob pointed out ; a number more, to the amount of 300, then collected, and shouted that they should not take the prisoner away at all ; there was a great deal of cheering and shouting, and stones thrown ; was struck twice, and one of the men, named Morrow, was struck on the head with a stone ; saw one of the mob get a very violent blow with a stone which witness supposes was intended for one of the police ; succeeded in bringing the prisoner as far as Irish-street, when a sudden rush was made on them, the crowd forcing themselves between witness and the prisoner, the witness lost his hold and the prisoner was taken off ; M'Cluskey was one of the crowd ; witness cannot say that he was him commit any particular act of violence unless pushing and running about ; did not hear him say any thing.
Lewis Anderson, Esq., County Inspector of police, examined by Sir T. STAPLES—Went on Sunday morning to arrest a prisoner ; the arrest was made ; when prisoner came to the door witness ordered the police to fix bayonets, and take the prisoner between them ; when they got to the head of the street there was a great crowd round them; the crowd shouted “ don't let the prisoner go with the police—they must take bail ;” begged of the people to be quiet, as they would only take him to the police barrack, then a magistrate could be had, and he would take bail ; the mob wanted to force the police a different way from the barrack; but police went their own way ; is not positive as to the way they came home; the mob cried out again “get the door opened and we will bring him into Mr. Quin's office;” a woman took hold of him by the arm, and swore that if he did not make his men let the prisoner go she would break his face with the stone she had in her hand ; was then in front of the police ; when he turned round saw the prisoner was gone from the police; saw M'Glone, O'Neill, and Leathem in the mob ; some of the people said “ you would not keep the Orangemen you had last night, but you would keep Quin.”
Cross-examined by Mr. JOY—Did not know the prisoners before ; saw them at the police barrack on Monday, the 14th inst. ; came from county Donegal to Armagh about fifteen or sixteen months ago ; is stationed in Armagh at present ; cannot positively swear that they went and came the same way ; went the contrary way to that the mob wanted them to go ; was about four or five yards from the police when the rescue was effected.
To the COURT—Said to the woman who had the stone in her hand, “keep quiet and we will get him bailed”; can identify O'Neil as he was at his side several times ; does not think O'Neil was at his side when the woman addressed him ; did not look at prisoners with an intention to identify them ; the prisoners told their names to him at the police barrack.
Robert Morrow, Constable, examined by Mr. HANNA—Is twelve months in Armagh ; went with Head-Constable Lodge to arrest a person named Quin, in Callan-street ; did arrest Quin ; when they came to the head of Callan-street a great number of persons were shouting and throwing stones ; got a blow on the back of the head which stunned him a good deal ; could not say whether it was with a stone or fist he got the blow ; knows all the prisoners ; knew them before. Cross-examined by Mr. JOY—Was struck with three stones.
To the COURT—Got four blows—three from stones, and one which he could not say was from a stone ; Mr. Anderson was about two or three yards from the police at the time the rescue was made.
Thomas Plunkett, examined by Sir T. STAPLES—Was with the party that went to arrest Quin ; did arrest him ; brought him up Primrose-lane ; he was rescued at the head of Castle-street ; saw M'Clusky take hold of Constable Morrow by the belt, and pull him about two yards from the prisoner.
In the cross-examination of this witness nothing particular occurred, and the case for the Crown closed.
As Mr. JOY rose to open the defence for all the prisoners except M'Clusky, he was interrupted by Head-constable Lodge who said—“My Lord there appears to be a variance between the witnesses, and I want to explain it.”
Judge BALL—Go down, the case has been closed.
Mr. JOY raised two law points to the effect, that from the warrant and evidence, it did not appear that Mr. Robinson who signed it was a Magistrate of the county : and further, that it did not appear(?) warrant had been granted on sworn informations. He here (obscured by ink stamp) the jury for the defence; and called
Michael R??, [illegible] examined—He stated that he and O'Neil were in Peter R??k's shop, on Sunday, from ten till about a quarter of eleven. That they walked up Ogle-street together, towards Irish-street, and as they were going up, heard shouting at the head of Irish-street. When they got to to [sic] the head of Irish-street, saw neither the police nor Thomas Quin, and heard, about five minutes after they had got up that Quin had been rescued. O'Neil was with him on the way to the head of Ogle-street, and when they parted O'Neil went across the street to Paddy Gubby's door.
Bernard M'Glone, father to the prisoner of the same name, examined by Mr. JOY—He proved that his son was in bed till after the rescue took place.
Eliza White examined by Mr. JOY—She proved that, about eleven o'clock on Sunday morning she was going down to M'Glone's, when she was told that Tommy Quin had been rescued. On entering M'Glone's she saw young Barney, the prisoner, coming down stairs with only his shirt and trousers on, as if he had just got up. She stopped a quarter of an hour, during which time young Bernard was present.
William Keegan and Jane M'Glone fully corroborated the preceding testimony in favor of M'Glone.
Hugh Clancy, William Menagh, and Mrs. Boylan, gave evidence to prove an alibi for Leathem.
Michael Rock came forward voluntarily, as a witness for M'Cluskey.
His LORDSHIP then summed up, and the Jury retired at about a quarter past three. At six they returned into Court, and said they had agreed to an acquittal, as regarded three of the prisoners ; but that as to the third they could not agree.
His LORDSHIP said, they had been but a short time in consultation ; and if they [sic] Jury wished to hear any part of his notes, he would be happy to read them to them.
A JUROR—Oh, no, my Lord, we have the evidence.
His LORDSHIP—Then, gentlemen, you may retire to your room, and consider the matter more fully.
MURDER NEAR FORKHILL.
Peter Magill, a labourer, aged 45, was indicted for the wilful murder of Christ. Jordan, on 1st April last, at Tifferum, near Forkhill, County of Armagh, by strangling him. Another count charged the prisoner with striking Jordan on the eye, and knocking him down, and afterwards throwing him into a bog-hole, and thereby causing his death.
NEW JURY.—Messrs. John M'Watters, William Wells, Jacob Orr, jun., William Cross, John D. Barrett, Robert Johnston, Barry Moore, William Jones, Arthur Keegan, John James Langtry, George Walker, and William Orr. Mr. JOY applied that witnesses, on both sides, should be removed out of Court.
His LORDSHIP thought it quite right ; and suggested the propriety of the Counsel on both sides exchanging lists of witnesses.
This suggestion was at first objected to, on the part of the Crown, on the ground of saving time ; but was afterwards agreed to, the Counsel for the defence not having objected to the case being proceeded with while the lists were making out; it being understood, that in the mean time the witnesses should not remain in Court.
Sir THOMAS STAPLES, in stating the case for the prosecution, dwelt on its importance because it involved the life of a fellow creature ; and its painfulness, because the Crown would be obliged to produce some of the prisoner's own children as witnesses against him.
The Learned Gentleman then went on to detail the particulars, as they appear in the evidence.
Owen Magill, son of the prisoner, was called and examined by Mr. TOMB, Q.C.—Is 20 years of age ; was brought up part of his time to the sea ; was at sea three years and five months ; returned on the 1st of March last to this country ; was married after his return from sea ; was married two miles out of Dungannon, at Castlecaulfield ; came to his father's house at Forkhill, after his marriage ; (identifies his father) ; brought his wife with him to his father's ; came there on Monday, the 31st of March ; slept at his father's house that night ; next day he went to Dundalk ; that is four miles from his father's house ; went there to get a ship, but did not succeed ; returned on the same day to his father's house, at about seven o'clock in the evening ; his father was not in the house at his return ; his wife went to Dundalk and returned with him ; his father came into the house about an hour or better after he returned ; Christopher Jordan, the deceased man, came with him ; knew Christopher Jordan before, he lived about 200 perches from his father's house ; came in, and sat down at the fire ; had some conversation ; heard them say they were going down to the bog, to raise a stick ; had a conversation with his father outside of the door ; his father took him out ; told him he had got some meal from Jordan, and that he had no means of paying him only by giving up his land for the ensuing crop ; and that he had done so, and was going to the bog now to raise a stick for Jordan ; that he should put an end to Jordan's life there ; told him to come with him, and he refused, and said not ; told him he must come, pulling a rope out of his pocket, and showing it to him ; the rope was about four or five fathoms long ; does not know the thickness, not seeing the rope ; was afraid, and consented to go ; his father went to the end of the house, and got a long stone, about four stones weight ; the stone was lying on the ground, a the end of the house ; took it with him to the bog ; he did not go with him ; the bog is about thirty perches from the house ; he remained outside and watched his father till he returned ; he returned in about a quarter of an hour, and did not bring the stone along with him ; when he came back, he went into the house, and he (witness) went in along with him ; found Jordan in the house—in the kitchen ; the family of the house were there also ; his mother, two brothers, and three sisters, and Jordan, were there all the time his father was out ; his brothers and sisters are younger than himself.
To Mr. JOY—Went in about two minutes after his father.
Examination resumed.—His father, Jordan, and the family of the house sat down at the fire for about a quarter of an hour ; Jordan then got up, and said it was time to go to the bog ; Jordan had a grey frieze body-coat on him, and a darkish moleskin waistcoat or jacket—could not say which ; had a felt hat on ; his father got up, and said it was time to go, and the two walked out ; went after at about the distance of two perches ; went towards the bog ; it was by the public road ; they went to the bog off the public road ; he then stepped back, at the distance of about seven perches from where his father and Jordan were at the stick in the bog ; could see them at that distance ; was in the bog as well as they, and could see them ; saw Christopher Jordan half stooped, as if measuring something on the bog ; but cannot say what it was ; saw his father coming round behind him, and catch him by the neck, knocking him down, and clapping his foot upon his breast ; then hear Jordan give three moans ; saw his father take the stone, which lay about half a perch from where the deceased man lay, and, bringing it down to the body, tying it with the rope, and flinging it and the body into the bog-hole ; remained at the bog all the time ; then came home and went to bed ; remained there about an hour ; his father then returned to the house, and asked him why he had not come; told him he fell asleep, and had not wakened till that time ; remained in bed all the time ; got up next morning about seven o'clock ; saw his father when he rose, in the floor of the kitchen ; slept in the room ; remained between his father's and his uncle's that day ; his uncle's name is Hugh Magill ; lives four or five perches from prisoner's house ; saw Jordan's hat in his father's house that morning, hanging on a pin, and it was wet ; Jordan wore that hat the night he went to the bog with his father ; slept at his father's on Wednesday night ; when at his uncle's, his brother Michael came for him, and he went to his father's ; when he came to his father's he told him he had brought some seed oats, and that he had not time to bring them to the house, and asked him would he help him to it into the house; prisoner told him the bags were about thirty or thirty-five perches from Christopher Jordan's house ; his father and he went for the oats ; this was on Wednesday, about half-past seven or eight o'clock in the evening ; found two bags of oats on the high road, and they were tied ; he took one and his father the other, and carried them to his father's house ; they were leaning up against the ditch ; put them in the kitchen when they brought them home ; on the Thursday following left his father's house, and has not returned there since; his wife left him ; left his father at home when he went away ; went to Newtownhamilton, where his wife and he remained in Mrs. Hughes's that night ; stopped there on Friday, and on to Tuesday ; saw his father coming through Newtownhamilton, a prisoner with the police ; had no conversation with his father at that time ; on Wednesday morning, as he was going to Forkhill, he was arrested by the police ; had left Newtownhamilton, when he was arrested ; was arrested about twenty perches out of the town, by two of the police, a sergeant and a private; was going to Forkhill, back in the direction of his father's house, but he meant to go to the town first ; had seen none of the people that were left in his father's house, from the time he went to Newtownhamilton, but his father ; after he was arrested and brought to Forkhill, he was brought before a magistrate, and examined before him ; that was on the first day after he arrived at Forkhill ; his examinations were taken down in writing next day (Friday) ; has remained in custody every since ; he and his wife were never together since he was arrested ; had no conversation with her ; was confined in Dublin ever since ; had no communication with his brother Michael, nor any of his brothers or sisters since his arrest.
To the COURT—On the night of the day he was arrested, he stopped in the Crossmaglen Constabulary barracks ; saw his wife in the Court-house yesterday ; when he was arrested she was prevented from going with him.
Cross-examined by Mr. JOY—His wife was not on the road with him when he was arrested ; before he was taken by the police, saw his father in their custody, passing through Newtownhamilton ; it was on the morning after he saw his father that he was arrested ; was in a Court of Justice about four years ago ; was a witness and a prosecutor ; it was not in that Court ; the last vessel he was in was the Princess Royal, London ; she was a merchant-man ; was four months in her ; the next vessel was the Friends, of Liverpool ; was three months in her; was one month in the Richard, of Whitehaven; then went to the Capella, of Whitehaven, and was three months in her; she sailed up the Baltic ; was very near three months in her, long enough in a bad ship ; the next was the Lark, of Warrenpoint ; was a month in her, at least ; was in the Bellefleur, of Whitehaven ; could not tell how long he was on board her ; was more than a month in her ; Captain Stoup was the master ; landed in Derry out of his last vessel ; had no friends at Castlecaulfield ; was dressed in the very same form when he left the vessel in Derry as he was in then ; the clothes he had on then, he had part on about fourteen days ago ; the others were worn out ; had earrings in his ears at one time ; swears he parted with them in July – that is the present month; did not sell them ; left them in Dublin with his clothes ; when he went to Castlecaulfield, was on his way home, and stopped a week there ; Matilda Burgess was the name of the girl he was married to ; swears he was married in his own name ; passed under the name of Sinclair, and was married in that name, by a Protestant minister; had been a Catholic till then, but turned ; went to the Protestant clergyman there, and told him his name was Sinclair; told the girl his name was Sinclair also ; on his oath he did not known what Christian meant ; does not know what was meant by the phrase Christian name ; passed himself off in that name to the clergyman, and to the girl ; told the clergyman he came from North America, and so he did ; got no certificate ; the clergyman said he would not marry him except he stood the “calls;” was called three successive Sundays in church; did not remain in Castlecaulfield during the three Sundays; does not know whether his wife is here; saw her yesterday ; went to America in the Princess Royal ; was there three months; was not on sea all the three years and five months he had mentioned ; has not very nimble fingers, unless when they are tarred ; was a witness and prosecutor in Dundalk before he was at sea ; boarded on shore in London ; but was not then out of employ, as he was working in the ship ; does not know what the meaning of stealing a suit of clothes out of a shop ; does not know what it is to vapour ; does not know any slang ; does not know what the meaning of the phrase picking pockets is; don't know what missle means—that is some of your shore smuggling ; came with his wife down from Castlecaulfield to the neighbourhood of Forkhill on the 31st of March; did not go direct to his father's after he was married ; went to Armagh, and stopped for some time in, he thinks, Mrs. Donnelly's of Newry-street ; supposed he stopped five or six days in Armagh ; thinks he was there from Sunday to Sunday ; went to church with Mrs. Sinclair ; the church was not in Newry-street ; left Armagh and went to Forkhill ; went from Forkhill to Newtownhamilton ; then went from Newtownhamilton to Forkhill, and then from that to Dublin—a queer long journey; went to his father's on the 31st of March ; went then to Dundalk to get a ship ; had more than 12s. 6d. then ; it is all spent since (did councellor think a sailor would keep money in his pocket?) had no money now, as he was not in the way of earning it; returned home from Dundalk about seven o'clock ; the moon did not show that night, for it was clouded over with a dark mist; when he went home he found his mother and two sisters there ; one of his sisters was in his uncle's; swore his three sisters were in the house the night his father went to the bog with the stone, and so they were ; when Jordan came in, his three sisters, and two brothers, his mother, and his wife were there ; cannot say whether his father or Jordan came in first ; Jordan was sitting an hour in the house before his father called him out ; was sitting beside Jordan at the fire ; his father did not call his brother Michael out ; when his father went to the bog, he watched him ; carried the stone ; went behind his uncle's garden, and saw him drop the stone, and return into the house ; that was an hour after Jordan came in ; it was not a clear night—it was a misty, foggy one ; returned to the house and Jordan got up about a quarter of an hour after, and said it was time to go to the bog; his father and he went out, and he followed after ; Jordan had a light grey frieze coat on him ; saw him wear it the Monday before ; swears he did not tell his father he would go, but said he consented to go, as he must go, for he was afraid of him ; went by myself, and stopped about seven perches off from them ; Jordan was about thirty years old; thinks—he was a middle-aged man ; he is his father's eldest son ; saw the stone from where he stood—seven perches off ; knows landsmen make as sure a sailor's knot as a sailor ; did not tie the stone with the rope ; did all his endeavour to prevent his father doing the deed ; saw his father and Jordan go out ; saw his father catch Jordan by the neck, and knock him down, and put his foot on his breast ; made no alarm ; his father could knock Jordan down, and five more like him ; is not a good hand at knocking a man down himself ; heard Jordan give some moans, but never went nearer than the seven perches ; after the moans were given, saw his father clap his foot upon Jordan's breast; is quite sure it was after ; his father had coarse farm shoes on when he left the house ; from the time he left the house, about fifteen minutes elapsed till he saw his father throw the dead body into the bog ; his father had no stick, club, or weapon of any kind, that he saw, in his hand ; when he returned to the house all the family were in bed ; went to bed, and his father came in an hour after; was brought before the Magistrates, on the 10th of April ; since he went before the Magistrates, he saw the story he told them, and heard it read too ; heard it read once ; cannot say twice ; was not brought down from Dublin, in charge of the police ; came down in charge of the Governor of the jail ; told neither his mother, his brothers, nor his wife, of the matter.
To Mr. TOMB—He endeavoured to prevent his father committing this murder at the time he called him out of the house first.
To Mr. JOY—Jordan was not as strong or as able-bodied a man as his father ; came last from Kilmainham Jail, in Dublin.
To the COURT—The deceased man made no resistance, for he had no time; when his father called him out, witness told him not to commit the murder—to let the man hold the land, and he would send him what would pay him off as soon as he would get employment ; his father told him to hold his tongue, for all was in vain ; while his father was out with the stone he could have returned and warned the deceased, and saved his life, but was afraid of his own father taking his own life ; his father had not been to bed during the night while he was awake ; the place where the stone lay was about sixty or seventy perches from the house, and thirty perches from the high road ; the very same instant that his father told him of his intention to commit the murder, he went with the stone to the bog ; on the day before he was arrested he was going to Forkhill to swear informations before Mr. Foxhall ; did not inquire in Newtownhamilton for a magistrate ; went to Forkhill because he was better acquainted there, and because it was near that the circumstance happened ; Major Barnett was the magistrate before whom he swore his informations ; after his arrest had a conversation with his wife, the police were present, and heard all that passed ; it was after that she was prevented going with him ; his father-in-law's name is Burgess ; is a farmer ; cannot say how many acres of land he holds; got an I. O. U. for £10 as a fortune with his wife ; it is payable at a particular time, but that time is not come yet ; the reason why he took a false name was because he thought he would not get the girl under his own name ; cannot tell why he thought so, but did think so ; does not know the name of the street in Newtownhamilton in which Mr. Hughes lives, with whom he lodged ; thinks Mr. Hughes's Christian name is Pat ; was doing nothing at all at Newtownhamilton ; employed himself walking about ; employed himself in the same way during the week he was at Armagh ; could do nothing, for his hand was bandaged ; got it hurt at Castlecaulfield, after his marriage ; got it dressed by his mother-in-law, in Castlecaulfield, and three times at Dungannon, by a doctor ; the informations were read to me, the first time, in the Head Office, in Dublin, on the 29th April ; these were the informations sworn before Major Barnett ; they might have been read a second time, but does not remember ; cannot say ; his original informations were read over to him in the Head Office in Dublin, and he acknowledged them, and made his mark to them.
His LORDSHIP having examined the informations, said he could find no second mark to them.
Some conversation ensued, when it was agreed that the casse should be adjourned till next morning.
Bailiffs were then sworn to keep, and prevent any communication with the Jury. Similar officers were appointed, at nine o'clock, to prevent access to the Jury, in the first case ; and the Court adjourned.
Judge BALL entered Court this morning at half-past nine o'clock, when the jury stated that they had agreed in their verdict, as regarded three of the prisoners, but they could not come to a conclusion as regarded Leathem.
His LORDSHIP told them he would take their verdict as regarded three, and discharge them.
The verdict was, John M'Cluskey guilty of assault and rescue ; Hugh O'Neill and Bernard M'Glone of riot,
The jury were then discharged.
Sir THOMAS STAPLES stated, that, as regarded Leathem, the Crown would not proceed further ; and he was, consequently, set at large.
MURDER NEAR FORKHILL.
The jury in this case was called and re-sworn.
Matilda Magill, examined by Sir. T. STAPLES—Is wife of Owen Magill ; was married on the 18th of March, in this year, in Castlecaulfield ; before marriage stopped at her mother's in the parish of Donaghmore ; after marriage stopped there two days ; after that went to Omagh, then to Newtownstewart, then to her mother's, and stopped on day ; then came to Armagh ; her husband was with her in all the places ; did not stop any time in Armagh ; went to a lodging-house between Armagh and Newtownhamilton ; stopped two nights there ; went next to within seven miles of Dundalk, and stopped there four nights ; then went to her husband's father's ; arrived there on Monday, 1st of April, between two and three o'clock ; went into the house together ; in the house there were Michael Magill, his brother, and two other children, and her husband's father and mother; never knew the father before ; her husband said nothing to his father when they went into the house ; there was a supper of which they all partook ; it was potatoes ; she and her husband slept there that night ; next morning they went to Dundalk ; remained there till sunset that evening, when they returned ; when they came back his father was not in the house ; she remained in the house, so did her husband ; it was after night when the father came and Christopher Jordan with him ; when they came in they sat down and began to talk in Irish, which she did not understand ; her husband's father and mother went out of the house ; Jordan sat at the fire during the time they were absent ; witness was sitting on her husband's knee when they went out, and he rose, but cannot say whether he went out or not ; after some time her husband's father and mother came in, when they, and Jordan, and her husband again began to speak in Irish ; when they talked some time her mother-in-law went to little Michael, who was in bed in the kitchen, asked him for a line, he told her where she would get it, and she got it herself ; she reached the line to witness's father-in-law, and he gave it to Jordan, when Jordan took a rule from his pocket and measured the half of it ; he then put up the rule in his pocket, and gave back the line to her father-in-law ; the line was like what a mason would have, about as thick as witness's little finger ; did not see what her father-in-law did with it ; after that they sat a short while at the fire and talked, when Jordan said to her father-in-law that he judged it was time for them to be going ; her father-in-law and Jordan then went out ; and a little after her husband went out also ; she remained in the house till her husband came in again ; he was absent about 12 minutes ; when he came in he appeared troubled or agitated ; his mother told witness to go to bed, and a third time saying that her husband would not go until his father returned ; witness went out and fainted ; when she recovered from the faint her husband came and brought her in ; she and her husband then went to bed ; his father was not in the house at the time ; did not see her father-in-law again till day-light ; they slept in the kitchen, there being but one room in the house ; did not see her father-in-law again till day-light, when he was sitting at the fire lighting his pipe, dressed as he had been the night before ; she and her husband got out of bed between six and seven o'clock, and went to his aunt's about nine ; when she arose that morning she went to the door, and saw a hat hanging on a tree ; they returned from his aunt's after night ; that was Wednesday ; on Wednesday night she saw two buts of sacks of oats standing in the floor behind the door ; her husband asked her father where he had got them, and he replied he had bought them in Dundalk that day ; they slept in her father-in-law's that night ; next morning they went away, and never returned since; recollects her husband being in the custody of the police at Newtownhamilton ; she was not allowed to go with him, and did not communicate with him after that about the matter ; since that time she remained five weeks in Crossmaglen, and afterwards with her mother in the parish of Donaghmore ; in Crossmaglen she was in the house of a policeman, and not in the barracks.
Cross-examined by Mr. O'HAGAN—Was called Mrs. Magill and her own name while in Crossmaglen ; they began to call her Magill when she went there ; before that Mrs. Sinclair ; when shel left her father-in-law on Wednesday they went to a house in the fields, and stayed there that night and Thursday night ; on Friday night they stopped in another house in the fields near Silverbridge ; on Saturday went to Newtownhamilton, and stayed there till Monday, in John M'Keon's, a lodging-house ; did not sleep there on Monday, but came to a lodging-house between Newtownhamilton and Armagh, a Bernard Short's ; stayed there from Monday till Wednesday, and slept there every night, and her husband with her ; was one night in Bernard's on their way to her father-in-law's ; Short lives on the roadside ; she slept in Short's on Wednesday night, but her husband did not, as he went to Forkhill ; from Monday till Wednesday her husband was doing nothing but amusing himself ; he was arrested on Wednesday, going to Forkhill ; Short's is about four miles from Newtownhamilton, which must be passed through from Short's ; it was about a quarter to seven o'clock when he left the lodging-house ; a policeman came to her and said her husband was arrested, after which she went to Newtownhamilton and saw him in the police barrack there ; on Tuesday, in the forenoon, her father-in-law went past the lodging-house to Armagh in the custody of the police ; her husband was sitting at the fire in the police barrack when she went in ; she did not dine with him that day ; when she went into the barrack the guard removed her husband into the orderly room ; he was not a night in the barrack ; witness went back to Short's that night after she saw her husband off ; she bade him good bye ; went next to Crossmaglen, and remained there five weeks ; was called Sinclair there ; her father's name is Richard Burgess, her mother's Mary Evans ; does not know exactly where her father lives ; he is a gentleman and resides partly in England and partly at his brother's place in Parkenore, county Tyrone ; her mother lives in the parish of Donaghmore, same county, about a mile from Castlecaulfield ; was living with Mary Evans when she was married ; first saw her husband below Pomeroy, in Creggan ; cannot mind the day of month ; it was five weeks and three days from she first saw him till they were married ; was married on the 18th March ; stay [sic] two days after marriage with her mother, then went to Omagh with her husband and stayed one night, next to Newtownhamilton, one night, then to Omagh again, one night, then to her mother's and stayed two days and one night ; came then to Armagh on a Tuesday, but merely passed through to Short's and stopped one night ; next night slept in John M'Parland's on the road side, and remained there four nights ; after that went to her husband's father's ; when they went into the hosue he did not speak to either witness or her husband ; her father-in-law and Jordan left the house together at about 10 o'clock at night ; witness was in the house about an hour and a half before they went out ; it was about half-past eight o'clock when witness and her husband came into the house together ; her mother-in-law and father-in-law went out for about a quarter of an hour and left Jordan inside ; her husband was then sitting at the fire and witness sitting on his knee ; about a quarter of an hour after Jordan and witness's father-in-law went out together, her husband left the house ; about twelve minutes after he returned, and sat down at the fire, seemingly troubled or agitated ; witness went out and fainted ; her husband brought her into the house again, and they both went to bed together.
To the COURT—She fainted from fear that her huband's parent's [sic] would murder her ; the reason she thought so was because her husband told her, on the road from Dundalk, that his mother had advised him to leave her in a house of ill-fame in Dundalk ; said this to frighten her, as he knew she was subject to fainting, and that if she did faint, and come to, and found that he was away from her, she would go out of one fainting-fit into another till she would die ; when her husband came in, and was agitated, he said nothing to her, nor did she say any thing to him ; asked him no question ; did not speak till she went out and fainted ; said nothing to her husband on the day he was arrested ; he told her to go home to her mother, and he would write ; this was outside the barrack, when he was going to Crossmaglen ; there were policemen present, who heard what was said ; on the night Jordan and her father-in-law went out, and her husband came in, they went to bed ; her husband fell asleep in about a quarter of an hour ; did not sleep till near day light next morning ; while she was awake, her father-in-law did not come near the bed-side, and say any thing ; her husband did not awake till she awoke him, when she saw his father sitting at the fire.
Cross-examination resumed—When she saw her husband troubled she asked him no question, nor did he say anything to her from the time he came into the house till she fainted ; in the police-barrack in Newtownhamilton her husband desired her to home to her mother's, and he would write to her ; in her father-in-law's house witness and her husband went to bed together, and she did not see her father-in-law till next morning ; her husband fell asleep about a quarter of an hour after they went to bed ; her father-in-law did not come to her bed-side that night ; she did not fall asleep till near day-light, when she saw her father-in-law at the fire smoking ; her husband did not awake till day-light, when she awoke him.
Andrew Jordan examined by Sir T. STAPLES—Is brother to Christopher Jordan ; he lived in Tiferum, where witness lives also ; both houses are near other ; his other brother's name is William ; Christopher was about thirty-four or thirty-five years of age ; was not married ; lived by himself ; had three acres of land near the house ; knows Peter Magill (identified him) ; knows where he lived in Tiferum ; Magill had not quite an acre of land ; his brother till his own farm ; he sowed potatoes and black oats last year ; was present at the settlement of an account in December, 1844, between his brother and prisoner ; drew up a paper, then (identified it) ; prisoner was present and his brother, neither of them signed it; made two papers ; gave one to his brother, which he gave to Peter Magill, and asked him, (witness,) to draw another, and because he was not tractable to law, he did not ask Magill to sign it ; there was a settlement of account then ; there was not written account before he wrote this one ; his brother Christopher payed prisoner some money on that day after witness drew up the paper ; that money was paid for Peter Magill's field ; remembers 1st of April last ; saw his brother that day—it was Tuesday ; saw him in his own land, and own house, and took breakfast and dinner with him ; at dinner there were the deceased brother, his brother William, Peter Magill and himself ; at breakfast same party ; he remained there a little after dinner ; Peter Magill, Wm. Jordan, and witness went to cover oats after dinner, in his deceased's brother's land ; left off work about sunset ; the deceased and witness left the field together ; Christopher went to where Peter Magill and his brother Wm. were working, carrying stones upon a barrow ; his brother Christopher was only in middling health that day ; he was unwell about a fortnight ; did not see his brother any more after that evening after he left the field ; never saw him alive after that ; saw his dead body on the Saturday night following ; on the day he dined with his brother he saw some oats and potatoes in the house, in sacks and bags ; there were two sacks and four bags ; black oats were in all ; saw the two sacks afterwards in Peter Magill's house, on Saturday, 5th April, before the body was found ; cannot tell the time of the day ; is certain the sacks he saw in Magill's were those he saw in his brother's ; can swear one bag found in Magill's to belong to his brother, by the mark P. J. T. ; saw the deceased count six sacks and two bags each having the mark P. J. T., about a week before his death ; the sacks and bags were given to the deceased by his father ; cannot say that the bag found in Magill's was one of those in his brother's house on the last day he saw him alive. (Witness here examined the bag which was produced, and swore it to be one of his brother's.) P.J.T. stands for Patrick Jordan, Tiferum ; his father is dead two years again August ; on the last day he saw his brother alive he wore corduroy trousers, a wool hat, a frieze body coat off the same web as the one on witness, but a little mroe worn ; saw the hat in Peter Magill's house on Saturday the 5th April, before the body was found— (identified the hat)—did not see his coat till Saturday last, in charge of one of the policemen in Armagh—[identified the coat]--did not inquire after his brother on Wednesday, but did on Thursday and Friday ; went on Saturday with the police to prisoner's house, which was locked, and no one in it ; it was a padlock, and they drew out the staple in the doorcase; was not present when the body was found ; after Tuesday he found in the prisoner's house a bag with rags in it near the bed, and two other bags containing black oats; went into his deceased brother's house on Thursday morning by a ladder, after taking off some of the thatch; no one went in but himself ; did not then search the house; went next to the house on Friday evening, in company with his brother William, and two or three other persons ; when he got in himself as before, he opened a window for the others ; they then searched the house and missed some articles ; missed stockings from a line that used to be across the house, but nothing else ; it was Sergeant Robinson who went with witness to prisoner's house, and forced off the lock.
(The written agreement was here read by Mr. Dobbin.)
Cross-examined by Mr. JOY—Did not mention how many sacks his father had ; it was his father who gave them to the deceased ; his father always put P. J. T. on each of his sacks ; the sack produced today he found in Peter Magill's house ; knows Michael Magill, prisoner's son, and recollects him to have been in his (witness's) house gathering rags, but cannot certify as to his gathering old iron ; it was on Thursday morning he (witness) went into his deceased brother's house ; did not pass Magill's house that day, but was in the field which his brother had from Magill ; the field is adjoining the house ; saw Peter Magill working in the field, planitng potatoes ; that field was his deceased brother's property, but is now supposed to belong to witness ; his brother had three acres of land, which fell to him (witness) at his brother's death ; his brother had two pigs which witness sold since his death ; after Peter Magill was taken into custody the field was cropped with potato-oats by witness ; it is now supposed to belong to him and will continue so if Peter Magill remains in gaol ; Magill was in the habit of working for Christopher ; for the most part unasked ; witness lived about ten yards from his brother's ; the three acres were adjoining the house ; witness and his brother were on the best of terms ; it was seldom he worked for his brother, but went that day to assist in covering black oats ; left the field in the evening before sunset ; if he were standing in his brother William's door he could see Christopher's house ; saw a light on Tuesday night in the house of deceased, at 8 or 9 o'clock ; cannot say whether light of a candle or not ; did not hear his brother's voice when he saw the light ; did not sup with Christopher that night.
William Jordan, examined by Mr. TOMB—Is brother to Andrew and Christopher Jordan ; he was with his brother Christopher on the first of April last, covering black oats ; deceased was going to build a house, and had part of the wall built ; was working in a field of his brother's on the first April with Peter Magill and his brother Andrew ; saw the body of his deceased brother when it was taken out of the bog hole, but was not present at the taking out ; when he last saw him alive he had on him a corduroy trousers, a dark waistcoat with white stripes, a grey frieze body coat, a wool hat, and a comfort about his neck ; went into deceased's house on Friday night through a window which was opened by Andrew ; went in again on Saturday and searched particularly to see if any thing were missing ; missed some clothes out of the chest, a frieze top coat, a body coat, a red waistcoat, a pattern of another, a pair of white corduroy trousers, and a pistol (since found) ; knew of some oats having been taken ; found the written agreement in a little box on the top of a chest ; the box and chest were locked.
To the COURT—Searched for the keys, but could not find them ; his brother always kept them.
Cross-examined by Mr. O'HAGAN—Box was a foot broad, and made of wood ; cannot tell when the chest was open before ; often saw it open ; deceased had two frieze body coats and two frieze top coats ; on 1st of April saw three keys hung upon a nail in the window, but does not know if the key of the chest were one of them.
(The witness was examined and cross-examined at great length, and fully corroborated the preceding evidence.)
Peter Campbell, examined by Mr. HANNA—Lives two miles from Christopher Jordan's ; is his brother-in-law ; recollects being in his house on the 1st of April ; came there after sunset ; when he went in there was no person there but Peter Magill ; Christopher Jordan was washing potatoes outside the door ; witness remained in the house about half an hour, and then went to William's ; returned and took supper with Christopher and Peter Magill ; they talked about the affairs of the day ; witness asked the deceased if the oats he bought from him were ready, and he answered no ; his second answer was that he had done better, he had them cleaned and weighed, and ready for sowing ; witness thanked him, and asked him if he would come on the Friday following and sow them as he usually did ; he said he could not, as he had to plough a field he had taken from Peter Magill; Magill said go with the poor man, it isnt every day he'll get sowing his oats ; saw four or five sacks standing along the walls through the house ; they had black oats in them ; conversed in English ; never heard Jordan and Magill speak Irish ; witness then went away, and Michael Magill with him ; Peter remained.
Cross-examined by Mr. JOY—Had supper by candle-light ; was occasionally at Christopher Jordan's house; is his brother-in-law.
Rose M'Cann examined by Sir T. STAPLES—Is servant to Wm. Jordan ; remembers going to Christopher's on the 1st of April, between eight and nine o'clock in the evening, and seeing there Peter Campbell, Peter Magill, his son Michael, and Christopher Jordan ; went a second time about nine o'clock, and saw same persons ; Campbell and Michael Magill went away, but Peter remained ; Peter Magill said to Jordan, as the men were away they should go now, and no one would hear or know what they were about ; witness then left the house ; she had been sent that day to Christopher's for a linen sheet as they were washing ; in the sheet the blanket was folded ; when her mistress opened the bundle she sent witness back again with the blanket; saw same blanket in Peter Magill's on the Saturday following–(identified it in court.)
Cross-examined by Mr. O'HAGAN—What she describes took place on the 1st of April ; knew it was Tuesday ; cannot tell what day of the week 1st of March was; is a bad reckoner ; but knew the 1st of April was Tuesday ; Wm. Jordan is her master ; told the story five or six times to him, but does not know the first time ; cannot tell the month in which she went before the magistrate to swear information ; thinks it is a month since.
To Sir T. STAPLES—Saw the blanket in the hands of the police ; immediately told her mistress she knew it, and her mistress bid her hold her tongue ; William Jordan took her to a magistrate.
Thomas Murphy examined by Mr. TOMB—Lives near Forkhill ; was coming home on Friday, 4th April from Newry, where he had been at the market the day previous ; met Peter Magill, and his son Michael, going towards Newry ; Peter had a bundle on his back ; bade him the time of day ; saw nothing with the son.
Cross-examined by Mr. JOY—Forkhill is seven miles from Newry ; it is not the custom for people at market to stop always a night from home ; has no children ; left Newry to return home at day light.
To Mr. TOMB—Took a drop too much, and stopped in Newry all night in consequence.
Magaret Murphy corroborated her husband's testimony.
Catherin Toal examined by Sir T. STAPLES—Lives in Newry with Mr. Kevitt ; remembers taking down the shutters on the 4th April last, about seven o'clock ; saw Peter Magill and a little boy with him ; Peter spoke to witness, and asked where John Kearney lived ; cannot say where Magill went to ; Kearney keeps a public house.
On the cross-examination, by Mr. JOY, nothing particular was elicited.
Thomas O'Neil examined by Mr. TOMB—Lives in Newry in the employment of Mr. Glenny, pawnbroker, of High-street ; remembers that on the 4th April a frieze coat was pledged by a person calling himself Andrew Jordan ; would known [sic] him ; (identified Michael Magill;) it was in the morning ; knows the coat ; (identified it;) it remained in the shop about three days, when it was given to a policeman named Donnelly.
Constable Robinson examined by Mr. HANNA—Was constable of the police on the 4th of April last ; went on that day to the house of Peter Magill ; brought sub-constable Wickham with him ; it was between twelve and one o'clock ; when they went there the house was shut with a padlock on it ; left Wickham in charge of the door and got a search warrant signed by Major Barnett ; returned to Magill's house, and got a grape and forced the staple, and opened the door ; they then went into the house, searched it, and found a sack on the floor full of rags, and two bags of black oats ; the bags were removed to the barracks at Forkhill.
John Kilmory examined by Sir T. STAPLES—Belongs to the Revenue ; went to Tiferum on the 4th April last ; had a party of Revenue police with him ; found the body of a man in a bog-hole ; the hole had water in it ; considers it between six and eight feet deep ; the body was not visible in the water before it was pulled out ; there were marks on the bank as if something had been pulled across it, and a particular smoothness on one part of the bank ; thought there was something there ; called men who had a drag and pulled the body out ; there was a stone tied to a rope which was fastened to the body ; the stone was about three stone weight ; the legs came up first ; left the body in charge of a policeman ; deceased had on a moleskin coat, and corduroy trousers, but no hat ; it was between five and seven o'clock in the evening.
Cross-examined by Mr. O'HAGAN—There were marks of some large mass having been dragged through the bog which attracted him ; the bank was not very high ; the other side of the bank was soft.
To the COURT—There was a small piece of flannel round deceased's neck.
Dr. Henry Stanley examined by Mr. TOMB, Q.C.—Is a surgeon ; resides in the parish of Forkhill ; remembers on the evening of Saturday, the 5th of April last, being called to see a body taken out of a hole ; there was a rope fastened round the body and a stone attached to the rope ; it was a large, flat, weighty stone : there were clothes on the body—a coat, waist-coat, trousers, and shirt ; saw nothing round the throat ; had the body stripped to examine it ; formed the opinion that death came by strangulation ; is three years in practice ; was educated as a surgeon in the Dublin College ; on looking at the body the face presented a very livid and bloated appearance ; the eyes were remarkable congested, full, and prominent ; the congentive of both eyes were also congested like the eyes themselves ; the right eyelid and right cheek presented several livid marks ; in the outer corner of the left eye there was an extravasation of blood; the mouth was open and the tip of the tongue protruded, it was resting on the lower jaw; the right arm was rigid across the chest ; the chest was rather of a red appearance, contrasted with the lower parts of the body ; no marks on the throat, it was full and gloated ; examined the back of the neck particularly, and observed nothing worthy of taking note of ; on the following day he examined internally and found extravasation of blood under the skin in each side of the windpipe; could find no injury whatever done to windpipe ; on raising forepart of the chest found the lungs did fill the chest ; on turning out the lungs found them more weighty than usual ; found stomach distended and very full of fluid mixed with a little potatoes ; intestines free from all diseases.
To the COURT—A very healthy subject ; not in a weakly state of health.
To Mr. TOMB—On opening head found large veins and sinews of the brain greatly congested ; the brain was also greatly congested.
To the COURT—The result of witness's judgment is that deceased died of strangulation.
To Mr. TOMB—Would conclude after his minute examination that the body was immersed in a bog-hole ; found bits of bog in the stomach ; bog water has an anti-septic power ; would not like to say how long the body was in the water.
At this stage of the proceedings the learned counsellor submitted to the court the propriety of having a witness called who could swear to the identity of the body. The court assented, and accordingly,
Margret Jordan was called and examined by Sir T. Staples— Is wife to William Jordan ; knew Christopher ; saw his body after it was dead ; it was brought to his own house ; it was the body which Dr. Stanley examined ; knows Michael Magill— (identified him); the blanket was her husband's ; cut it across and put one part on Christopher's bed—(blanket identified by witness)—her servant girl brought the blanket to her house ; and she afterwards sent it back to her brother-in-law's on the first of April, between ten and eleven o'clock on that day.
The evidence of the former witness was then resumed.
Dr. Stanley cross-examined by Mr. JOY—The red appearance of the neck included both neck and upper part of the chest ; there was no fractured part on the body ; none on the heart ; no indentation of the bones in the chest ; the deceased individual was a man about five feet six inches or better ; the subject appeared to be in a very healthy state ; observed on the back of the head a contusion ; several livid marks on the right cheek ; would say that these contusions on the right cheek had the appearance of being apparently the result of a blow of a clenched fist.
To the COURT—Is inclined to think that contusion on the back part of the head might have been occasioned by coming in contact with the stone after death ; thinks the congested state of the lungs was caused by blood ; might have been made more weighty by water ; the appearance presented by the lungs was from blood, not water ; the livid appearance of the lungs would be quite inconsistent with the presence of bog-water ; strangulation must have been produced by great pressure on the neck ; doubts if strangulation could be effected by a pressure of the hands from a person behind who was at the same time pulling the body back.
Constable Doyle examined by Sir T. STAPLES—Arrested Owen Magill convenient to Newtownhamilton on the 9th of April last ; brought him to the police barrack at Newtownhamilton ; saw him go off that evening with an escort ; saw him go out of the court yesterday.
Sub-Constable Mitchell examined by Sir T. STAPLES—Saw the body of deceased when taken out of the bog-hole; did not accompany it to the house ; at the examination the doctor searched the pockets of the deceased ; about an hour after saw the body examined ; there was an interval during which he did not see the body ; saw a search made ; saw some things taken out of the pockets by Dr. Stanley and handed to Sub-Constable Wickham ; the body was in charge of him (witness) and another Sub-constable ; the examination by the Doctor was before the wake.
The case for the prosecution terminated here, when Mr. Joy rose and intimated to the court that it was not the intention of the counsel for the prisoner to examine any witnesses for the defence, nor address the jury ; he considered he would be doing justice to his client by adopting such a course, and leaving his lordship to charge the jury at once.
The learned judge then proceeded to deliver his charge, going through the whole of the evidence in a most lucid manner, charging the jury at great length.
The jury retired and were locked up all night.
(The jury after remaining locked up all night and not agreeing, were discharged by his Lordship next morning, and the prisoner removed to the county gaol.)
RECORD COURT.—MONDAY, JULY 14.
(Judge PERRIN presided.)
Curry v. Elizabeth Bambrick, and three other persons.
This was an action upon a promissory note for £30, to which the defendants pleaded the general issue.
Mr. MOORE, for the defendants, stated, that the defence was, that two of the defendants were under age when they signed the note ; upon proving which, he contended that the plaintiff should be non-suited, or that a verdict should be entered for the defendants.
The Jury, having found that one of the defendants was still under age, by the directions of the Judge, they found a verdict for the minor defendant, and a verdict for the plaintiff against the other defendants : his Lordship reserving liberty to move to have a verdict entered in favour of all the defendants, in the event of the Court above ruling in favour of the objection of the defendants' Counsel.
Counsel for plaintiff—Mr. Lowry and Mr. O'Hagan.
Counsel for defendant—Mr. Ross Moore.
Cromie v. Robinson.
Mr. O'HAGAN opened the pleadings, and Mr. TOMB, Q.C., stated the plaintiff's case. It was an action of trespass, for cutting a quantity of coarse grass off a mill-dam, when the water was low, and also for an assault. The question for trial was, whether the ground from which the grass was taken was the property of the plaintiff or defendant. After a number of witnesses had been examined, on both sides, the Jury found a verdict for the plaintiff, of 6d damages, with 6d costs.
Counsel for plaintiff—Messrs. Tomb, Q.C., and O'Hagan. Agent—Mr. John Quinn.
Counsel for defendant—Messrs. Gilmore, Q.C., and Moore. Agent—Mr. J. O. Woodhouse.
Judge PERRIN entered the Court this morning at half-past nine o'clock, and the first case called on was
Guthrie v. Thompson.
This was an action of seduction ; but, after the case had been called on, and the Jury sworn, a proposal was made by the defendant's Counsel, to consent to a verdict for £50, which was accepted, and the Judge directed a verdict accordingly, with costs.
John Stanley, jun., Esq., a Francis Wilson Heath, Esq.
This case had been removed by the traverser from the Quarter Sessions by writ of certiorari, was next called on, and several gentlemen on the panel having answered to their names, were challenged by Mr. Barrett, the traverser's attorney, and others having been set aside as having been on the grand jury at the Quarter Sessions where the bills of indictment were found,
The following special Jury was sworn :--Joseph M'Kee, Markethill ; James Maclean, Sandymount ; John Overend, Portadown ; Thomas H. Carleton, Edenderry ; William Armstrong, Lurgan ; James Kent, Keady ; Thomas A. Shillington, Portadown ; Denis Maguire, Newry ; Thomas Cuppage, Silverwood ; William Gillis, Markethill ; William Henry, Newry ; Joseph Cuppage, Lurgan.
After his Lordship's Registrar had inquired who were engaged in the case,
Mr. ROSS MOORE, Q.C., opened the pleadings. The traverser was indicted for feloniously stealing certain letters and copies of letters. In the indictment there were several counts, varying the description of the stolen documents and differing as to their value. The traverser had pleaded not guilty.
Mr. NELSON, Q.C., stated the case for the plaintiff as follows :--Gentlemen of the jury, it devolves upon me, as Counsel for the prosecutor, to state the facts of this case, which is your duty to try as if empanelled and trying the case in the other court. The bill of indictment was found by the grand jury at the Quarter Sessions held last April in Armagh, and is for stealing. The case is a very simple one, and I will be very brief in laying it before you. I believe the matter has been much spoken of out of doors ; but it is unnecessary for me to remind you to set aside every thing you may have hear out of court, and form your opinion only on the facts which will be proved before you in evidence, and on these facts form your opinion under the judgment of the learned judge, showing favour to neither party. A few years ago the defendant, Mr. Heath, was married to a lady, and from some causes, with which it is not necessary to trouble you, they afterwards separated. Various differences existed between them, and on one occasion Mr. Heath was bound over to keep the peace. Finally, it was arranged, that they should live apart, and on the 22d of April, 1844, a deed of separation was executed—both parties covenanting in the usual way to live separately, and neither party again seek restoration of any of the conjugal rights which before they had enjoyed. Soon after this arrangement Mr. Heath changed his mind, and in August following insituted a suit in the Consistorial Court of Armagh, for a restitution of conjugal rights—that is, to compel her by ecclesiastical censure to return again and reside with him as formerly. In that suit Mr. Heath was plaintiff, and Mrs. Heath, his wife, the defendant. Mr. Heath employed as his proctor Mr. Barret, whilst Mrs. Heath employed on her part Mr. John Stanley, prosecutor in the present case. After the usual pleadings had been filed in the cause, it became necessary to examine witnesses as to the facts in issue, and as several of the witnesses for Mrs. Heath resided in Belfast, and as Mr. Stanley resided in this town, he was obliged to open and keep up a correspondence with a professional gentleman in Belfast, a Mr. Collins, and consequently various letters passed between them. Mr. Stanley received letters from Mr. Collins which he kept in his possession, and sent letters in return, drafts of which he also kept. Previous to the suit in the Consistorial Court Mr. Heath it appeared was intimate with Mr. Stanley, and even after the institution of the suit persevered in coming until Mr. Stanley was obliged to request him to desist while the proceedings against his wife were pending. After that his visits were not so frequent, although they never ceased altogether. When the witnesses were about to be produced Mr. Heath, instigated by some motive, which it will be for him to explain, thought that by getting certain letters and documents, specified in the indictment, and depriving Mr. Stanley of his property, he would be able to advance his interest. Therefore on the 19th of February last he called at Mr. Stanley's office, and found that Mr. Stanley had gone to the country, and was not expected to return until late in the evening. After a short conversation with the clerk in the office, in which he was informed of Mr. Stanley's absence, he went away, but afterwards in about an hour returned to the office, well knowing that Mr. Stanley was not in town. He then went behind a desk at which Mr. Stanley usually sits, and where he keeps his papers in use. The clerk knowing Mr. Heath's rank in society and his former intimacy with Mr. Stanley, never once suspected him of being influenced by other than proper motives, and much less dreaming that he had any felonious intention to steal any documents from Mr. Stanley, made no objection. Gentlemen, I only give you an outline of the facts, they will be detailed in the by the witnesses. The clerk having seen Mr. Heath turning over a bundle of papers which he knew were entitled in the cause of Heath a. Heath, and in which he knew there were papers of importance to his employer, although never suspecting the real intention of Mr. Heath, but considering it grossly improper for him to read or look into the papers, circumstanced as he was in the matter, insisted on his laying them down, which he did, the clerk not for a moment entertaining a suspicion that Mr. Heath had extracted or stolen any of them. Nothing more was heard or known of the matter for a few days, when Mr. Stanley having occasion to use some of his papers, searched this bundle and missed some of the letters, but certainly never dreamed that Mr. Heath would have had the audacity to steal and withdraw any of his papers. However, on the morning of 4th March Mr. Stanley finds Mr. Barret producing and using in the cause in the Ecclesiastical Court some of the missing letters which I say Mr. Heath stole from the bundle in Mr. Stanley's office. Mr. Barret, I have no doubt, was imposed upon, for, believing him to be a most respectable man, I cannot for a moment entertain the thought that he would lead himself to shelter his client in such grossly fraudulent conduct, or make use of goods and documents he knew had been stolen by his client ; but Mr. Barrett will have an opportunity of explaining what he knows of the matter ; all I now say is that he is not at all mixed up in the transaction further than in not having used sufficient caution in ascertaining how the documents came into Mr. Heath's possession. Mr. Stanley on seeing these documents produced, immediately turned round to Mr. Heath, who was beside him in the court, and said “you stole these letters;” and how was the charge met by Mr. Heath? No by an indignant denial ; but with this observation “ prove it if you can.” Mr. Stanley did not see him steal them, and so he (Mr. Heath) thought he would have difficulty in proving the theft ; but will now show that Mr. Stanley had these letters in a bundle which he had used shortly before they were so produced, and a very short time before Mr. Heath was at the office of Mr. Stanley. If when he stole the documents Mr. Heath expected to find in the contents any thing which would serve him, he was greatly mistaken, and I am instructed to say that in those stolen letters there was not a word which Mr. Stanley cares to have submitted to you or to the world. You all know Mr. Stanley, and that in a correspondence of his there is not likely to be any thing improper or any thing that he would care about being made public ; but if the gentleman on the other side think they can find any thing in them to palliate or excuse the conduct of Mr. Heath, let them produce and read them— we certainly will not object. It comes to me, gentlemen, that a clearer case for conviction scarcely ever existed. The letters were in Mr. Stanley's office previous to the 19th of February, and afterwards they are found in Mr. Heath's possession in the Consistorial Court. The question is, did he obtain them with the consent either of Mr. Stanley or his clerk ? If he got them with Mr. Stanley's consent he is not guilty of larceny—or if he got them with the consent of his clerk, however improper Mr. Heath's obtaining them in such a way would be, it would not be larceny. But our case is that he stole these documents— feloniously stole them. These documents were of great value to Mr. Stanley. They were of consequence in the cause, and of value to him as vouchers for his services as an attorney, and which he must produce on the taxation of his costs, as otherwise he would not be able to obtain that fair remuneration his services entitled him to, and, therefore, they are of far more value to him than the mere value of the paper itself ; and, it is for the abstraction of these documents that Mr. Heath is at present indicted, and after you have heard the evidence you will return such a verdict as seems right to you.
The learned counsel having concluded his address, the examination of witnesses was proceeded with.
Mr. John Stanley, jun., examined by Mr. TOMB, Q.C.— Practices as Proctor in the Consistorial Court of Armagh ; knows Mr. Francis Wilson Heath ;--(points him out)—was engaged as Proctor for Mrs. Heath, in a suit instituted in the Consistorial Court of Armagh, by Mr. Heath against her for the restitution of conjugal rights ; knew that Mrs. Heath lived separated from her husband, Mr. Heath, since December, 1843; on the 18th of February last, when the suit was considerably advanced, he had filed an additional allegation containing certain charges; in the progress of the suit thought it necessary to employ Mr. Collins, of Belfast ; he is an attorney ; before 19th Feb. had received several letters on the subject of the ecclesiastical suit from Mr. Collins, and had written several to him ; kept drafts of these letters, with the exception of one or two which were not material ; recollects that after the filing of the additional allegation, on the morning of the 19th Febray, 1844, he had occasion to look to two letters, particularly, one dated either the 8th or 9th of February, and the other dated the 12th of February, from Mr. Collins to witness ; after he had examined them he put them into a bundle belonging to the cause of Heath a. Heath ; brought them that morning from the place where they had been previously kept to his own desk ; left the bundle on the table immediately beside the desk on which he usually writes in the office ; there were various other letters in the bundle ; after he laid down the bundle he went from home to near Middletown, at about 11 o'clock ; returned home at half-past five or six that evening ; was riding ; the clerk was left in charge of the office ; his name is Wm. Quin ; left the papers lying against the desk.
To the COURT—Against the side of the skeleton or moveable desk on the table.
To Mr. TOMB—Examined the letters not later than the second morning ; could not positively state the particular morning, but his impression is the morning after ; found the bundle moved from the table on which he left it, to another table in the corner of the office, on which papers not just being used were kept ; the papers were tied up when he found them there ; he missed the two letters that he had before referred to as having particularly examined.
Mr. HOLMES, for the defendant, objected and contended that the letters must first be produced.
Judge PERRIN—At present he is not offering any evidence of the contents of the letters. The question is did he miss any letters ?
Examination resumed—Missed the two letters referred to at that time, and did not miss any more then ; he only looked for the two which related immediately to what he wanted at the time ; afterwards saw one of the letters ; on the 4th of March he was attending in the Consistorial Court of Armagh with Mr. Barrett, when the cause of Heath a. Heath was being heard. Mr. HOLMES said the documents themselves should be produced.
Mr. TOMB—The gist of the charge is that the letters were stolen, and I never heard that when property was stolen, it was imperatively necessary it should be produced.
Mr. HOLMES—They have served a notice on us to produce the letters, and we are ready to give them all we have.
Judge PERRIN—It may be material in the course of the trial to produce the instruments ; but I do not think it is essential in the present stage.
Examination resumed—Saw the letter, together with a draft or copy of a letter which he (witness) had written to a Patrick Best ; it was in witness's handwriting ; saw them in the hands of Mr. Barret who was acting as Proctor for Mr. Heath ; Mr. Heath was also there himself ; the draft was one of the papers in the bundle ; cannot say that it was in the bundle on the morning of the 19th of February ; but it had been in it ; in order to disqualify one of two witnesses produced, Mr. Barrett read a part (about two lines) of the letter dated the 8th or 9th of February ; witness immediately turned round to Mr. Heath who was on his left side and said “ Mr. Heath you have surreptitiously abstracted those letters from my office ;” Mr. Heath replied “ Prove that if you can ;” witness then turned to the judge of the court, and apologised for what might have appeared uncourteous, then said that it was unfair and uncandid to read a portion of any letter, and at the same time he (witness) challenged him to read the whole of that letter or any other letter he might have ; Mr. Barrett declined doing so, but read the draft of witnesses [sic] letter to Best ; Patrick Best had been produced that day to be examined as a witness on the part of Mrs. Heath, and thinks he was in the court at the time ; nothing more then respecting the matter transpired in the Consistorial Court ; on coming down College-hill witness made some observations to Mr. Heath, accusing him, and cautioning him never again to enter his door after committing so gross a breach of faith. Mr. Heath then observed, “ Take care what you say, Mr. Stanley;” previous to this transaction Mr. Heath had frequently been in Mr. Stanley's office ; was in the habit of coming to witness while the suit was pending ; on several occasions witness remonstrated with Mr. Heath about the impropriety of coming into his office ; told him about the 9th of December last, in particular, that he should desist, and showed him a letter from Mrs. Heath, requesting that Mr. Heath would not come into his (witness's) office.
Judge PERRIN—Is this material?
Examination resumed—On one occasion, after the receipt of that letter witness said he would insist on Mr. Heath not coming near him while the cause was pending ; Mr. Heath replied he saw no reason against it.
Judge PERRIN—I don't think this has any thing to do with the case. I know Mr. Stanley that you can yourself conduct a cause very well ; but here you must let Mr. Tomb as the questions, and you need only answer them.
Examination resumed—Did not give nor consent to any of those letters being given to Mr. Heath ; the documents stolen were of value to witness as vouchers necessary for the taxation of his costs, and as for affording information for the necessary conducting of the suit.
Judge PERRIN—I think it necessary that the letters be produced.
Mr. NAPIER, Q.C., for the defendant, then handed in a bundle of letters.
Mr. STANLEY examined the letters (21 documents in all) and indentified [sic] them ; is sure they were all in the bundle at one time ; but there were two positively in the bundle on the 19th February ; never gave them to any one ; nor were they taken away with witness's knowledge or consent.
Cross-examined by Mr. HOLMES—Was Proctor for Mrs. Heath in the suit in the Ecclesiastical court, and is so still ; the suit was not yet concluded ; she was Miss Cope before marriage ; thinks they were married in 1836 ; the deed of separation was executed on 22d April, 1844 ; Mrs. Heath is his client in that suit ; he cannot say by whom the costs are to be paid until judgement is given ; he believes the husband in such cases pays the costs whether he succeed or not ; Mr. Heath never paid witness money on account of his costs in that suit ; he gave witness £50 on the 15th of January, 1845, on account of costs due for deed of separation, and other costs ; witness is his own client in this prosecution, he is still Mrs. Heath's Proctor ; she is a very amiable lady and one of good feeling ; cannot say that it must be a gratification for her to hear of her husband being convicted of felony ; cannot enter into her feelings, but believes she entertains no respect for Mr. Heath ; can go no farther than his belief, and would not take upon himself to swear that she would rejoice in his conviction for felony and that his goods should be forfeited ; one of the allegations in the suit made by Mrs. Heath against her husband was that he did not shave himself for several days together, and that he was very negligent and careless in his person.
Mr. HOLMES—I take him to be a bit of a dandy. (Laughter.)
Cross-examination resumed—Another allegation was, that he used to leave her immediately after dinner to smoke, and not return during the evening, thus leaving his wife without any society ; they were then married six or seven years.
Mr. HOLMES—Surely a man married so long a time may take the liberty of going into another room to smoke a cigar.— (Laughter.)
Cross-examination resumed—The most serious charge amongst others in the allegation was infidelity ; Mr. Heath thought perhaps Best and Boyle were not the most respectable witnesses in the world ; on 4th of March the letters were produced publicly in court by Mr. Barrett, when one of the witnesses were brought forward for examination ; witness wrote to Mr. Collins to Belfast to make inquiry as to Mr. Heath's infidelity, and to communicate the result to witness ; in one of those letters to witness, Mr. Collins said he believed Best was a bad one, and put it to witness whether it was prudent to examine him.
Mr. HOLMES here read the following letter from witness to Mr. Collins, dated Armagh, February 8, 1845 :--
DEAR COLLINS,--I enclose you a letter received this morning from a Patrick Best, and I have written a reply, requesting him to call on you, as I am afraid to hold out any inducement to him coming over, lest the letter might be produced at a future time. His evidence might be very valuable, as he can certainly disclose most important facts, if he was, as stated, in the confidence of the unknown one. I would be glad you would send him to me, and the sooner he can come the better. I expected to have heard from you respecting Boyle before this, but I suppose he has not obtained the information required.— he has not I hope deserted us. Mrs. Heath has been with me every day since my return—most anxious, of course, about the result of our inquiries. Remember me to your brother ; and with many thanks for yours and his kind attention on Wednesday, I remain yours most sincerely, J. S.
Cross-examination resumed—Best was examined ; cause has not yet been heard ; Boyle was also examined, and witnesses were examined to prove that neither he nor Best were worthy of credit on their oaths ; Best was a perfect stranger to witness ; he wanted £1 pay his expenses to Armagh ; but witness did not wish to hold out any inducement to him to come over (;) the “ unknown one” referred to some female whom they did not know, but with whom it was believed Mr. Heath was familiar ; did not find out the name.
Mr. HOLMES—So after all the exertions of Best and Boyle this mysterious “ unknown one” has not come to light—she can no where be found.
Cross-examination resumed—Mr. Heath pretended to be afraid of witnesses of that kind being produced ; forbid Mr. H. particularly in December, 1844, from coming to his (witness's) office ; went to Dublin afterwards and met him in company with Mr. Quin ; did not ask him to sup, but supped in his company that evening ; witness, with his brother-in-law, and another gentleman dined that evening with a friend in South Frederick-street—all were returning home together when they met Mr. Heath and Mr. Quin in Nassau-street ; one of them said they had come that day from Armagh and had been late for the train in Drogheda, and Mr. Heath asked witness and his friends to join them in taking a supper ; witness at first hesitated, and having stated he had received a letter that morning informing him that Mrs. Stanley had a daughter, Mr. Heath pressed the more, and ultimately all went to sup ; may have complimented Mr. Heath, who proposed the health of witness's daughter ; witness proposed his health in return ; Mr. Quin's health, with the others, was also drunk ; thinks the cause was alluded to ; never said to Mr. Heath that he would come out of it like gold purified in the fire, or words to that effect ; never dined or supped with him in Armagh, but was often pressed by him to do so ; Mr. Heath was always declaring his innocence to witness, and said he was afraid lest a conspiracy would be got up against him unknown to witness ; witness told him not to be afraid of that, for if such a thing were attempted he would abandon the suit immediately and for ever, and that there would be nothing of the kind.
Mr. HOLMES—We do not accuse you of doing any thing improper, Mr. Stanley.
Cross-examination resumed.—With respect to Mr. Collin's observation in one of his letters that the witness should be paid liberally, he supposes something more than the bare expenses were meant ; all professional men differ as to what is a fair viaticum for witnesses. The paper, even after it was written on, was worth more than the hundredth part of a farthing. Would say it was worth a farthing.
Mr. HOLMES—Do you think if you would bring it to the market you would get a farthing for it ?
Mr. TOMB—There is no market for stolen goods.— (Laughter.)
Cross-examination resumed—The papers would be necessary for reference in the course of the suit, and would be valuable to him, (witness,) on the taxation of his costs ; it might be possible to make out costs without them on an affidavit that they had been lost or stolen ; when Mr. Barrett produced the letters, it was not the first time witness had heard that Mr. Heath had abstracted them ; Captain Rodgers called on witness and said he had seen Mr. Heath, and that he had got possession of the correspondence between witness and Mr. Collins ; does not think the Captain told witness to be cautious about examining the witnesses ; the Captain told him that from the correspondence Mr. Heath thought a conspiracy had been got up against him ; witness said he did not care how public all the document were made ; witness asked Captain Rodgers if he had read them, he said not, and witness desired him to read them, and after he had done so, if he saw any thing in them improper he might hold whatever opinion of him he thought fit ; as far as his character was concerned he did not care to have all the letters printed and posted on every corner of the kingdom ; witness then said that if Mr. Heath had such letters he must have stolen them out of his office ; meant by that that he took them feloniously as a felon ; not merely that he was guilty of a breach of faith, but believed he took them as a robber.
Mr. HOLMES—And yet the felon, the robber, sent a person to tell you he had the goods.
Cross-examination resumed—Missed the letters before that, and stated so to Mr. Quin the day after or the next but one after his return ; did not know how they were taken ; did not call on Mr. Quin to ask him any questions ; went out of his parlor and said to Mr. Quin that they must have been taken out of his office during his (witness's) absence, on the 19th of February ; then asked Mr. Quin if it were possible Mr. Heath could have taken them?
Judge PERRIN—Gentlemen do you think this can be sustained as a felony?
Mr. TOMB, Q.C.—My Lord, I think it is as clear a case of felony as ever came into a court of justice ; and if I understand the case the point on the other side is that the letters are of no value.
Judge PERRIN—I think there can be no doubt but the letters were taken away improperly, for a purpose very unjustifiable, and greatly to be condemned ; but the question is—was it a felolonious [sic] taking? I would call counsel's attention to Ry Crown Circuit comp. 302, and Rex. v Dickenson in Russ and Ry, c.c. 42
Mr. HOLMES—My Lord, I must say in extenuation of Mr. Heath that he was suing for a restitution of conjugal rights, and believing there was a conspiracy against him.
Mr. TOMB—I think the fact of the suit being pending only aggravates the case.
Mr. HOLMES—The reverse is my opinion.
Mr. TOMB—I think, my Lord, this case does not at all refer to the case reported there. This is a matter of great public interest and I think it should be at once decided, and that no one shall be allowed to go with impunity into a gentleman's office and purloin papers.
Judge PERRIN—Well, then, go on.
Cross-examination resumed—The Clerk said, “ oh, it is impossible,”—infidelity was charged in the additional allegation in the suit, as also in the previous allegation ; Mrs. Heath was the impugnant, and she put forward the reasons why she should not be compelled to return to her husband ; the primary allegation was in December ; thinks Mr. Heath's object was to use the letters as he required them ; out of the 21 taken he had only produced two.
To the COURT—Thinks his intention was not to have returned the letters.
Cross-examination resumed—Witness was in correspondence with Mr. Collins long before the first allegation was filed.
Judge PERRIN—It appears to me the case of felony is not made out.
Mr MOORE cited 2 Stark 606-“ The felonious quality consists in the intention of the prisoner to defraud the owner and to apply the thing stolen to his own use.”
Mr NELSON, Q.C.—If Mr. Heath only took them for a purpose, why did he not return them?
Judge PERRIN—Mr. Stanley has certainly given his evidence very candidly and very fairly ; but the very production of the papers in court is an answer to the indictment. No doubt the conduct of the defendant was very reprehensible and improper ; no doubt he was guilty of a crime of another description, and if the indictment was framed for a mere dismeanour he must have been convicted.
Mr. NAPIER, Q.C.—We defy them to prove any case of taking by the defendant. He has not been guilty of any crime, and on his part we desire the case to be proceed.
Mr. TOMB, Q.C.—On our part we would be sorry to deprive Mr. Napier of the opportunity of examining Mr. Barrett as to how the letters were procured.
Judge PERRIN.—I will not allow the case to go further.— Gentlemen of the jury, in this case as I have before observed, (though perhaps my observations were extra-judicial,) the conduct of the defendant was extremely reprehensible. But if you believe he had no intention of keeping or destroying the papers in question ; or if they were taken for a mistaken or improper purpose, it is not such a taking as will sustain the indictment, and you will find a verdict of not guilty. But I think it right, in conclusion, to add that Mr. Stanley gave his evidence with perfect candour, and the letters must be given back to him.
The jury accordingly returned a verdict of Not Guilty.
Counsel for the prosecution—Messrs. Nelson, Q. C., Tomb, Q. C., Ross Moore. Agent—Mr. C. C. Davidson.
Counsel for the traverser—Messrs. Napier, Q. C., Holmes, Miller, and O'Hagan. Agent—Mr. Barrett.
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