Portadown Weekly News
and County Armagh Advertiser.
July 30, 1859
Portadown, county Armagh
1. All rights to the pages found within this site are retained by the original submitter of the information. Pages may be printed or copied for personal use, only. They may NOT be reproduced in any form, in whole or in part, by any individual or organization for profit.
2. Subject to (1) above, if you cite or quote from any part of the abstracts from this page, use the Bibliographical Reference provided at the bottom of this page. For use on the web, also provide a link back to this page and to the IrelandOldNews home page.
Address to the Rev. William Hoey, Wesleyan Minister, late of Tandragee.
VERY DEAR BROTHER.—I have much pleasure in telling you that I will send on Saturday, per rail to Dungannon, to be called for at the Station. Benson’s Commentary, presented to you by the Leaders here as a mark of respect for your zeal and usefulness during your residence amongst us. We hope you will not think it too trifling ; you know our circumstances, and we trust you know the spirit that prompts us.— Receive it then as coming from persons who love you for your Master’s sake, and who desire to commend virtue, piety, and fidelity.
On behalf of the Leaders,
[On the blank leaf of the first volume of the Commentary the following was written :--“ Presented to the Rev. W. Hoey, by the Brethren the Leaders on the Tandragee Circuit, as an expression of their opinion of his fidelity and zeal in his Master’s work, and a mark of respect for his personal worth.—
Tandragee, 13th July, 1859.”
REPLY.Cookstown, July 10th, 1859.
MY DEAR BROTHER M’CORMICK—Will you have the goodness to present my most sincere and cordial thanks to the Brethren, the Leaders on the Tandragee Circuit, for their very valuable present to me of the Rev. Joseph Benson’s Commentary on the Old and New Testament, on leaving your Circuit. Such an expression of regard I highly value as an assistant to the better understanding and more clear and full elucidation of the Sacred Text ; unto which, as men of God, you would seem by this gift desirous of directing my exclusive attention.
Your accompanying Address, while it expresses feelings of devout gratitude to Almighty God, by whose grace I was enabled for two years to fulfil my ministry among you with some degree of acceptance and success ; yet, I can assure you, by it I am greatly humbled before Him who claims the Church as the purchase of His own blood, and unto whom I must shortly give an account of my ministry.
Your partiality, I fear, has induced you to overlook my weaknesses, my faults, and my much and great unfaithfulness. Had I been more faithful, more zealous, and more diligent—especially having such a body of faithful Leaders, every ready to co-operate in every good work—we would have been favoured with still greater prosperity, and been enabled to rejoice together in more abundant good.
Two things I kept constantly in view. First, to exhibit the Divine Redeemer in my public ministrations as the one, the only Saviour, who, “ by the grace of God, tasted death for every man.” And also the necessity and possibility of at once accepting His free and full salvation.
The second thing which gave me much concern was the conversion of the children of our own dear people. For this, if for anything, I prayed, wept, and laboured. And God did, in a very remarkable manner before our separation, favour us with such a gracious outpouring of His Holy Spirit as that many of our children were brought to God, and made the subjects of saving grace. To Him be all the praise, I must conclude. Had your gift been less valuable that it really is, I would have received it in, and reciprocated the same kindly feelings that prompted the givers.
You are on my heart ; I will ever think of you with great affection. It was painful, under the circumstances, to leave at the end of two years. You know my reasons. May you have increasing prosperity.
And now, beloved Brethren, I commend you to God, and also your dear families, and to the word of His grace, which is able to build you up and keep you from falling. Be faithful unto death. God bless you all. Amen.
I am, my dear Brethren,
With much esteem for all,
Yours affectionately in Christ,
BELFAST AND NEW YORK LINE OF STEAMSHIPS.--The s.s. City of Manchester is expected in Belfast at the latter end of this week, and immediately on arrival will be placed on the loading-berth and commence taking in cargo, of which, we are informed, she will have a larger quantity than on any previous trip. The benefit of direct steam communication with the United States, which is an advantage the merchants of Belfast never enjoyed until these vessels were placed on the line, should cause them to meet with liberal support form the mercantile community. Passengers determined to cross the Atlantic by the City of Manchester, leaving Belfast on Wednesday 27th instant, may depend that the arrangements on board are such as will afford them comfort and satisfaction. This vessel sails very fast, her outward and homeward passages on her last voyage having occupied only twelve days each. Capt. Kennedy is a thorough seaman, and a great favourite with passengers ; and, owing to his kindness and attention, together with his desire to promote the enjoyment and happiness of those over whom he is placed, the sea voyage is relieved of much monotony.
ACCIDENT TO THE CUNARD STEAMSHIP CANADA.—LIVERPOOL, MONDAY.—The advices from the United States by the steamship Arabia, from Boston, report the arrival at that port, on the 12th of July, of the royal mail steamer Canada, Captain Lang, with the English mails of the 2d instant. She had on the 9th inst., in latitude 49 N. longitude 48 W. (off the Banks of Newfoundland) during a dense fog, run foul of a large iceberg. Her passengers, though naturally alarmed, did not sustain any injuries, but the Canada lost her bowsprit, cutwater, head gear, &c. Her necessary repairs will be executed at Boston, and there will be no interruption to the mail service—no delays. The barque Amy, from Apalachicola to Northwich, United States, was struck by lightning on the 10th of June, put into Charlestown on fire, and was abandoned to the underwriters. The brig Ann M’Keane of Halifax, N.S., Captain Abel, was totally destroyed by fire on the 11th of June, off Cape Antonio, while on her passage from Cuba to Halifax. A letter from Boston says that the ship Indian Hunter, from Mobile for Liverpool, with 3,752 bales of cotton, went ashore on Pickle’s Reef, Flordia, on the 26th of June, and setttled [sic] down on her broadside, with a shoal under her lee, and in a very dangerous position. One half of her cargo, it is feared, will be lost, and the vessel herself a total wreck.
ARMAGH PETTY SESSIONS—THURSDAY.[Magistrates present—W. M. Miller, Esq., (Chairman ; Hugh Boyle, Esq., p; Lieut. Colonel Caulfeild ; Wm. Paton, Esq., and J. G. Winder, Es.]
STREET-PREACHING IN ARMAGH.The Court-house this morning was densly [sic] crowded, in consequence of a number of assault cases, arising out of the recent interruption of open-air preaching, being on the list for hearing.
The first case was that of Peter Morgan against a young man named John Nimmo, who is about fifteen years of age, and of very slender make. The charge was that of assault, alleged to have been committed on the 15th inst.
Messrs. Alexander O’Rorke, of Belfast, and Cumming, of Armagh, appeared to prescute, and Mr. M’Meehan, Barrister-at-law, instructed by Mr. M’Comb, was counsel for the defendant.
Mr. O’RORKE stated the case.
Peter Morgan, examined by Mr. Cumming—I was at the jail square on the night of the 15th of July. I saw a crowd of about two or three hundred people at the Big Tree. I heard there were preachers there, and sat down on the Mall wall for a few moments. Shortly after I saw the crowd open and a man named John Moore, knocked down, and I said it was a shame for men to go to murder him. Just then I got a blow on the right side, and a cut on the other. I became insensible, and Dr. Lynn dressed my wounds. The crowd was beating Moore at a terrible rate.
Michael Leathem, examined by Mr. O’Rorke—I was on the Mall that evening. There were persons preaching at the Big Tree. There was a fight took place at the preaching. I did not see Moore beat. A part of the crowd, numbering about one hundred was coming whre I and two or three others were. Morgan went towards it, and I followed him. I saw John Nimmo come out of the crowd and strike him on the right side of the head. He fell, and was lifted by a man, named John Smith.
Cross-examined by Mr. M’Mechan—Nimmo rushed through the crowd, and came on the right side of Morgan, looking at him when he struck him.
Matthew Sullivan, examined by Mr. Cumming—I was standing at the mall railings on the evening of the 15th July. As soon as Morgan went to the crowd, Nimmo struck him and knocked him down. There was a drum in the crowd, and they were beating it at the time Morgan was struck. The crowd then left the preaching, beating the fife and drum, and I went home.
Cross-examined by Mr. M’Mechan—I went to the Mall to take a walk, and then, having met Leathem, I turned back from my walk from above Kennedy’s coach factory. I came back and sat down. There were six or seven of us, and we were about five yards from Morgan when he was struck.
Thomas Girvin, examined by Mr. O’Rorke—I saw the party at the preaching go round the Mall with the drums. I did not see any one touch Morgan the whole night. The preaching was not done when the row began.
Dr. Lynn was next called. He stated—I am surgeon to the militia. I remember the 15th instant. There was open-air preaching that day. There were at least, I should say, two hundred people in the crowd. There was a gentleman addressing the meeting, as preacher. I did not see Moore there. I did not see a man knocked down. I knew Peter Morgan. My attention was turned to him on the 15th, after he was hurt. I heard he was hurt, and I came immediately to dress his wounds. He was standing on his feet when I saw him, and I had him assisted into a house—not the jail. He walked in. I had him washed ; and I directed my attention particularly to what kind of wound he had sustained, lest there should be an investigation. There was a contused, lacertated wound on the head, on the anterior part of the ear. A kick would produce such a wound, and the other wound on his head is one likely to be caused by a fall on a curbstone.
Cross-examined by Mr. M’Meehan—I know the Rev. Mr. Smith. He was praying at the time this occurred. There had been a person preaching previously. Mr. Jones was preaching. He is a Wesleyan. He is my brother-in-law. Was there anything said likely to provoke any person to ill-will? Quite the reverse. There was nothing in it from first to last but love and good-will to all men.
Mr. M’Meehan—“Peace on earth and good will t men.”
Mr. O’Rorke—Accompanied by drums. (Laughter.)
Examination continued—The text. I believe, was --“The Work of God.” I heard Moore’s evidence. He is a militiaman. He was about four yards from the preacher.
Mr. O’Rorke—Is that Leathem you are talking about?
Witness—I am talking about Moore now.
Mr. O’Rorke—Well, do not say a word about Moore.
Mr. M’Meehan—(to witness)—Did you hear Moore say anything ?
Mr. O’Rorke—Don’t answer that question till the magistrates decide on my objection.
The Chairman—I don’t see how it can be relevant to the case.
Mr. M’Meehan contended that he had a perfect right to ask the question. It was a perfectly legal question. His object was to show that Morgan was a confederate of Moore’s
The Bench, after a short consultation, repeated their opinion that the question should not be put.
Mr. M’Meehan said he must really ask their worships to state the grounds on which they had come to such an unprecedented and illegal decision. They should have stopped Mr. O’Rorke when he introduced Moore’s name at first, if the considered, as they appeared to do, that his case had no connection with this one. He (Mr. M’Mechan) had been misled by the Bench. He begged they would re-consider their decision, and not outrage the law by excluding the evidence he tendered.
The Chairman said Mr. M’Mechan had treated the Bench with great disrespect.
Mr. M’Mechan—As gentlemen sitting there, I have not said a word against your conduct to-day; you have been most courteous ; but I appeal to your understandings, as men of sense, to say whether this evi- dence, which I submit is the very essence of the case, should be examined ? I must denounce your decision as subversive of justice and common sense.
Examination continued—I heard the voice of Moore, and knew it to be Moore. I saw the crowd condense themselves to keep Moore from rushing in. I observed a rush towards the Mall where Moore was, or where I heard the voice. I did not see Moore on the ground. I heard the voice. What did he say?
Mr. O’Rorke—I object.
Mr. M’Mechan—This is the very essence of the case. It has been stated that Moore was in a state of great danger, and that he was beaten and injured ; and you now exclude the evidence of his condition.
The Chairman—You want to show that what Leathem has sworn is false?
Mr. M’Mechen—I do, to be sure, and to that the whole cross-examination is directed.
The Chairman (to the witness)—Did you hear Moore say anything ?
The Chairman—Was that before the assault on Morgan?
Mr. M’Mechan said it was a most unjust thing that such evidence should be refused. Were they in a court of justice at all ?
The Magistrates for a few moments, re-considered their decision, after which,
The Chairman said—The majority of the Bench are against the point.
The cross-examination of Dr. Lynn then proceeded --I saw Moore yesterday. He was on duty yesterday. Mr. O’Rorke—He was off duty till yesterday since this row.
Witness—He was ; but he was in the guard-room. (Laughter.)
Mark Anthony Savage, examined—I am a surgeon practising in Armagh. On the 15th, Morgan was brought to my surgery. He was bleeding profusely from the wound, and the plaster was off. I examined the wound carefully. Dr. Lynn swore that the wound was a lacerated one. I swear to the best of my knowledge that it was a punctured wound. It is a very dangerous wound near the ear, and the other is a scalp wound. He was in a very weak state.
Mr. M’Mechan—His life was in danger? I believe it was. How long ? I think at least three days. How long, Sir ? I have answered. You have not, Sir. How long was the man’s life in danger ? Well, three days. Did you apprehend danger to the man’s life after the third day ? I did not see him and I cannot express an opinion. When did you see Morgan? I saw him on the 15th. When next? [After considerable hesitation]—I saw him next on the seventh day after.
Mr. M’Mechan—You saw him on the 15th, and not again until the 22nd? Just so. And you swear that the man’s life was in danger for three days, although you did not see him, or go to attend him? Yes. (Sensation.)
Mr. M’Mechan—Go down, Sir.
Witness—Don’t get angry.
Mr. M’Mechan—If I had made such a confession as you have just made, I would not be blushing with anger, but with shame. That a man’s life was in danger, and you, his medical attendant, did not go to see him!
Witness—The man is a pauper. (Great sensation.)
Mr. M’Mechan—Go down, Sir.
Witness—I will go down when I’m ready.
Mr. M’Mechan—I appeal to the Bench to have this witness removed.
Witness—I will leave when the Bench directs me.
Mr. O’Rorke—Don’t mind that man. It’s a way he has. (Groans and hisses.)
Mr. M’Mechan said he readily forgave them for any ill feeling they had shown towards him. He assured them he did not entertain one unkindly feeling towards them. Addressing the Bench, Mr. M’Mechan replied to evidence on the part of the defendant. Taking the last witness first, he was sorry he could not say that he ???? was in direct contradiction to his nature. (Laughter.) He characterised this case as a got-up case, and that it appeared so on the very face of it. Let them look at the defendant and the first question was, Could such a youth—slender and young—commit such injuries upon a man like Morgan? It might just be possible that what Morgan himself swore was true—namely, that the first blow stunned, and at once overcame him. He alluded to the great change that had taken place in Ulster for some time back, and to the latered circumstances in which Mr. O’Rorke and himself were placed. Instead of opposing each other in some agrarian outrage, such as had occurred at Crossgar, Portglenone, and other places, they were now on opposite sides of a case arising out of the preaching of the Word of God. And what had brought about such a change? Why, rancour and animosity had, he was happy to say, given place to love and harmony, and the voice of the minister of the Gospel of Peace, and the singing of psalms at night. (Groans and loud hisses.)
The Bench directed the head constable to have any person he might see disturbing the Court immediately brought up, and the Bench would know to to deal with the offender.
Mr. M’Meehan proceeded to recapitulate the facts of the case as given in the evidence, and stated he would contradict every word of it so far as it implicated his client. Moore, whose name had been mentioned in the case, first disturbed the congregation. He ran forward with an open knife in his hand, and he would show that no more violence was used than was necessary to remove him from the crowd. Something which was said on the day of the last trial, by Mr. O’Rorke, and something that was not said by the Bench, had emboldened some of these men, and led them to look at street preaching as illegal and improper. He then showed that it was perfectly legal, and that it was one of our birthrights as British subjects, and that no one could be allowed to disturb or interupt [sic] the services with impunity. Mr. M’Meehan then called James Fawkner, David Carson, John Elliott, and Thomas Cane as witnesses for the defence. They all distinctly proved that the accused was, at the time Morgan was beaten, a distance of at least seven yards from him, and that a large crowd, numbering at least 200, separated the two. Each of the witnesses was cross-examined by gentlemen for the prosecution.
The Bench dismissed the complaint.
There were several other cases arising out of the same occurrence, but on their being called on, The Chairman said it occurred to the magistrates that it would tend to the general good of the community if they were all withdrawn and a more kindly feeling promoted throughout the city. There could be no doubt that open-air preaching was perfectly legal. If it were not, the magistrates would not permit it ; but, at the same time, persons violating the law by disturbing the congregation would not escape with impunity. But it was another question whether it was politic, in a mixed community like that, to practice the right.
After some consultation, the suggestion from the Bench was agreed to by the litigants ; and the legal gentlemen having made some general observations by way of advice. the ordinary business was proceeded with, and the mass of the people quietly dispersed.—News-Letter.
CORK SUMMER ASSIZES.—TUESDAY.In the Cork County Court to-day, before Mr. Justice Keogh, the prisoners, Jeremiah Donovan, Morty Moynahan, and William O’Shea, charged with being members of a treasonable confederacy called the Phoenix Society, were put forward.
(From the Cork Examiner.)
TERMINATION OF PHOENIX TRIALS.—
ENLARGEMENT OF THE PRISONERS.
Mr. Sullivan, Q.C., on behalf of the prisoners, asked leave to withdraw the former plea of “ Not guilty,” and to substitute a plea of “ Guilty,” which was granted.
The Attorney-General then said that he proposed to adopt the same course in Cork, as he adopted with regard to the Kerry prisoners, namely—to allow them to be discharged, on entering into their own recognizances to appear for judgment when called on, on getting a reasonable notice through their solicitor, Mr. M’Carthy Downing. His lordship approved of this course, and the prisoners having acknowledged themselves bound each in a sum of £200 to the Queen, to come up for judgment on receiving fourteen days notice, they were discharged.
BIRTH.Last week, the wife of Mr. W. J. Dawson, of this town, of a daughter.
MARRIED.July 20, at the Parish Church, Newry, by the Very Rev. the Dean of Dromore, the Rev. W. R. Williams, to Jane, daughter to the late J. H. Wallace, Esq.
DEATHS.July 18, at Sugar Island, Newry, Sarah, eldest daughter of the late William Hancock, Esq.
At North-street, Lurgan, on Friday, 22nd inst., Matthew Wright, fourth son of Mr. William Ridgeway, aged 20 years.
On 28th July, at Woodside Cottage, Portadown, William Little, Esq., Sub-inspector of Constabulary.
July 23, at Portadown, Harford, infant son of Mr. John Montgomery, aged seventy days.
DEATH OF WILLIAM LITTLE, ESQ., SUB-INSPECTOR OF CONSTABULARY.It is with great regret that we, this day, record in our obituary the death of this much respected gentleman, who has been stationed here for a lengthened period. He had long suffered from a painful illness, against which he bore up with much patience and resignation.
He was an efficient and pains-taking officer, and, whilst he always discharged his duty with firmness and faithfulness to the Crown, he was ever kind, courteous, and obliging to the public.
We sincerely sympathize with his family in their bereavement.
INQUEST.—Edward D. Atkinson, Esq., coroner, held an inquest on Monday last on the body of Mary M’Mullan, a child of tender years, who was accidentally drowned by falling into a bucket of water, in William-street, in Portadown. Verdict --Found drowned.
Mr. David Gracey, son of Mr. William Gracey, late of Banbridge, one of the students of the Limerick School of Art, has been awarded a National Medallion in the competition of 1859, for a drawing executed by him. This is, we believe, the second medal obtained by this promising young gentleman.
His Grace the Duke of Manchester, the Duchess of Manchester, and family, have arrived at Tandragee Castle.
THE POTATOE [sic] CROP.—We have no passed the time when, in former years, accounts of the appearance of blight in the potato crop usually began to appear. As yet, fortunately, there have not been even rumours of disease in the growing crop unless from one or two Western districts ; and the potatoes, which are in very abundant supply at the Irish markets, are excellent quality. Owing, however, to the severe frosts at the commencement of May, a considerable portion are small in size, and we fear that this complaint is rather general.—Mer. Advertiser.
MORE JUSTICE TO IRELAND.—The Dublin Freeman says :--On Sunday evening, between eight and nine o’clock, a poor woman named Mary O’Brien, a native of Limerick, who had arrived from Liverpool in the morning, per steamer, and sent over without a farthing in her pocket by the Liverpool board of guardians, was taken with the pains of labour on the North Wall, and had to be carried by the police to the Rotundo lying-in-hospital in a dying state. The poor creature was much exhausted from a long sea voyage and from exposure to the weather in the state of health which she was in. She had been residing twenty year in Liverpool, earning her bread by honesty and industry.
A Temperance Prayer Meeting will be held this day at four o’clock opposite the church.
PROVIDENTIAL ESCAPE.—On last Sabbath, a Mr. Johnston, of Eglish, County Tyrone, had a most providential escape from death while on his way to visit a relative at Richhill. He was riding on horse-back, and had reached the vicinity of Loughgall, County Armagh, when the horse fell, and of course Mr. Johnston with him. The horse, however, suddenly sprung to his feet, leaving his rider on the road with one foot in the stirrup. Mr. Johnston contrived to get into a sitting position, and the horse, having run off, dragged him a considerable distance, when by some means the gentleman’s foot got disentangled, and he was relieved, though seriously hurt. He was taken to a neighbouring house and medical aid procured. On next day he was removed, a great deal improved, but still suffering from the effects of the stones and sharp gravel over which he was dragged.
BOOKS ! BOOKS ! BOOKS !the Stock of John H. Farrell, and the Public will always find on hand Bibles, Prayer Books, and Church Services; Psalm Books, Confessions of Faith; PARLOUR AND RAILWAY LIBRARY READING, GENERAL LITERATURE, SCHOOL BOOKS, TRACTS IN PACKAGES, &c., &c.
HAS JUST ADDED TO HIS OTHER BRANCHES THE
ABOVE, HAVING BOUGHT
HIS STOCK OF PLAIN AND FANCY STATIONERYIs large, well selected, very cheap, and worthy inspection.
Portadown, July 29, 1859.
GEORGE OLDHAM AND CO.’SAS A PRESERVATIVE AGAINST THE DISEASE, G. O. and Co. would strongly recommend All Cattle-owners to give each of their animals a dose occasionally of the medicine, particularly if the distemper is in some localities, or when food is changed. It will make them fatten better, increase their con- dition, and consequently their value ; and, should the disease appear, will make them proof against its worst forms. It is also highly desirable that all new stock should each get a does before being mixed with
Preservative against and Certain Cure for the Lung Distemper in Cattle.
the general herd.
As a Specific and Cure for the Cough which so frequently attacks Cattle, particularly in winter, and is so often attended with constipation and swelling of the throat, it will be found an invaluable and safe remedy.
PRICES. Per single Jar.
Doses for Full-grown animals, £0 2 0
---- Two-years-old Animals, 0 1 8
---- Yearlings. 0 1 4
Agent for Portadown—J. H. FARRELL.
COUNTY ARMAGH ASSIZES.The Honourable Justice Christian entered the Crown Court, this morning, at 10 o’clock, and took his seat on the Bench. The commission having been read by the Clerk (Leonard Dobbin, Esq.) the panel was again called, and the Grand Jury were resworn.
Friday, July 22.
His Lordship then addressed the Grand Jury.
CRIMINAL BUSINESS.PETTY JURY.—John Porter, Thomas Coyne, Henry Dixon, Henry Atkinson, Stephen Burrows, Jas. Blair, Christopher Cooke, George Constable, William Couser, William Boland, Robert Corrigan, and Thomas Hanson.
Patrick Breen was indicted for having committed wilful and corrupt perjury, by having on the 12th February, sworn that Bernard M’Ardle assaulted him, and on the 24th of February contradicted himself by swearing that said Bernard M’Ardle was not the man who had so assaulted him.
Joseph Thompson, Clerk of Petty Sessions, was then called and examined. He deposed to having taken the information of the prisoner on the 12th February, and having seen him sign it, after swearing to the truth of it, before John Douglas, Esq., J.P. I was also present on the 24th of February. Mr. Douglas and Mr. Boyd (magistrates) were also present. The prisoner was again sworn, and having been asked if the statements in that information (which was again read to him) were true, and he said they were untrue. He was then discharged. Subsequently Breen was asked by one of the magistrates why he did not prosecute the informations which were then before them? He said he had been overtaken by two men on Keady hill, after the first information had been made, who told him that if he should prosecute those informations they would murder him. I never had any conversation with Breen on this subject.
His LORDSHIP (to the prisoner)—Do you wish to ask the witness any questions ?
Prisoner—None, your Lordship, except that I was intoxicated on the day I made my first information.
His LORDSHIP (to the witness)—Is this true?
Witness—It is not. He was sober when I took the information.
Prisoner—He and Sergeant Bond “translated” it from one paper to the other in such a way as I could not understand.
Witness—My lord, I first took down his information in pencil, and afterwards wrote it upon a form.—I then read it to the prisoner, who said it was correct.
Prisoner—You did not. I could both read and write.
Other witnesses were examined, and
His LORDSHIP charged the jury, who, after a few minutes’ deliberation, found the prisoner guilty.
To be imprisoned for twelve calendar months from the date of his committal.
ASSAULT.John Connelly and John Donnelly were indicted for having maliciously assaulted Thomas Daly, on the 9th March, at Drumculter.
The prisoners pleaded not guilty.
Mr. Hamill appeared for the defence.
Thomas Daly was examined by Sir Thos. Staples, Q.C., and deposed that on the evening of the day in question he was going home from Armagh when the prisoners were on the road before him. Connolly came up to him and told him to stop his horse and cart. Witness refused to do so, and Connolly caught him by the foot and said he would throw him out of the cart. They then followed witness’s brother, who was before them on the road, and Donnelly said witness’s brother struck him with a stone. Witness’s brother and Donnelly got into holds and rolled on the road. Witness alighted and pulled Donnelly off his brother. Connolly then caught witness by the neck, and threw him on his back on the road. Witness would, however, forgive it all if his lordship would agree to it. Donnelly did not strike him.
Mr. Hamill addressed the jury on behalf of the prisoners.
His Lordship having charged the jury, they returned a verdict of guilty against Connolly, and acquitted Donnelly, and the Court sentenced the prisoner to be imprisoned for four months.
MANSLAUGHTER.The same prisoners were then indicted for the manslaughter of John Daly at the same time and place.
Thomas Daly, the witness in the other case, and brother of the deceased, was examined, and his evidence was similar to that given by him in the previous case.
His Lordship charged the Jury, who returned a verdict of acquittal.
ARSON.John Henry Alexander was indicted for having, on the 6th December last, wilfully set fire to the house of Esther Gilmore, at Ballyreagh ; also, with having set fire to the house of John Porter.
The prisoner pleaded not guilty.
The following jury were then sworn to try the case :--
Messrs. John Jamison, Alexander Pringle, James M’Afee, Thomas Oliver, John Robinson, John Madden, William King, Robert Kilpatrick, John Gamble, John Windrum, John Dobbin, and Wm. Wright, having heard the evidence, they returned a verdict of not guilty.
ASSAULTS.Michael Rorke and Michael Rowan were indicted for an assault on John Small, on the 28th March, at Markethill ; also, an assault on John Galbraith Small, and with a riot.
The prisoners pleaded not guilty, and Mr. Hamill appeared for the defence.
John G. Small deposed that, on the day in question, he was in Markethill. On leaving the town he was knocked down by a person whom he did not know. He thought he never would recover from the effects of the injuries which he received.
James Greer was next examined—On the evening in question he saw the last witness and John Small together. The latter was using party expressions. He saw Rorke standing at a little distance from them, and another man with a shovel in his hand, who was not now present. They were navvies. They ran after the Smalls, and struck at them with a shovel. John Small warded off the blow aimed at him, but the prisoner struck John G. Small with the shovel on the back of the head. It was the man with Rorke that had the shovel ; but after he had knocked down J. G. Small, Rorke struck the latter with his fists, and kicked him.
Dr. Pratt deposed that he saw the elder Small after he was beaten. He was then labouring under concussion of the brain, and he was in an imminently dangerous state.
Mr. Hamill addressed the jury for the defence, after which he examined a couple of witnesses.
His Lordship charged the jury, who returned a verdict of guilty of a common assault. Sentence deferred.
RIOT AND UNLAWFUL ASSEMBLY.John Evans and John Beatty were indicted for having been parties in an unlawful assembly and procession, at Markethill, on the 25th April ; and also for a riot.
Sir T. Staples, Q.C., stated the case on the part of the Crown.
Mr. M’Meehan, who was concerned for Beatty admitted that his client was on the street, and did fire a pistol, but he was not aware that he was doing anything wrong. Of course, under the circumstances, he pleaded guilty.
Sir T. Staples—In that case, on the part of the Crown, I will not press for punishment.
The prisoner was bound over in his own recognisances of £50 to appear when called upon.
The prosecution proceeded against the prisoner Evans.
Constable Thomas Edgar deposed that the crowd comprised from 4,000 to 5,000 persons, and that they fired pistols, and had some old swords, and some sticks, and thirty drums with them. They fired repeatedly as they went along, and they marched in a body. He arrested the prisoner, who was subsequently rescued by the mob.
After some further observations for the prosecution, Mr. M’Meehan addressed the jury on the part of the prisoner.
His Lordship having charged the jury, they retired, and, after remaining some time in consultation, returned a verdict of “ Not guilty.”
RIOT AND ASSAULT.William Preston, Elizabeth Preston, and Thomas Preston, were indicted for a common assault on Wm. Silvey, on the 28th of June, 1859, at Ella. There was a second count charging the prisoners with being engaged in a riot ; and also a third count charging Wm. Preston with a malicious assault, and with carrying arms in a proclaimed district.
The prisoners pleaded not guilty, and the following jury were sworn in to try the case:--Messrs. Jas. Coune (Foreman), Alexander M’Clure, Henry Dixon, Wm. Brownlee, James Blair, Christopher Cooke, Wm. Couser, Wm. Moreland, Wm. Dunlop, John Gillespie, Joseph Graham, and Wm. Nenary.
Sergeon [sic] Dobbin gave the prisoner a good character.
His Lordship charged the jury, who returned a verdict of guilty against William Preston for malicious assault ; the other two prisoners guilty of common assault.
ASSAULT.John Bretton pleaded to a charge of having assaulted John Hobson on the night of the 29th June. There was also a count for riot, which the Crown waived.
The prisoner was bound over in his recognizance to appear when called on.
ASSAULT.Joshua Frekleton and Bridget Silvey were indicted for having, on the 23rd June, assaulted William Preston.
The prisoners pleaded “not guilty,” and the following jury were sworn :--Messrs. James M’Aree, Thomas Oliver, Wm. Gass, John Gamble, David V. Leitch, James Lyle, John S. Duff, Henry Alexander, Robert Kilpatrick, James Hillock, James Wynne, and James Best.
This was a cross-case, arising out of the riot and assault case in which Wm. Preston, Elizabeth Preston, and Thos. Preston were indicted.
The jury returned a verdict of acquittal.
RULING OF THE BOOKS.His Lordship then proceeded to sentence the prisoners.
Patrick Byrne, who had been found guilty of perjury, was put forward, and sentenced to be imprisoned for 12 months.
Michael Rorke and Michael Rowan, who were found guilty of an assault on John G. Small, were sentenced to be imprisoned for 6 months from date of committal.
John Connelly, who was found guilty of an assault on a man named Dally, was sentenced to be imprisoned 4 calendar months.
Wm. Preston, Thos. Preston, and Elizabeth Preston were sentenced—the former to three months’ imprisonment, and the latter two to one month’s imprisonment each.
John Donnelly, who pleaded guilty to having stolen £8, was sentenced to be imprisoned 4 months, hard labour.
-------------------Armagh, July 23.
The Right Honourable Chief-Baron Pigot took his seat in the Record Court this morning shortly before ten o’clock, and proceeded with the hearing of the case of
JOHN COTTER V. WM. BECK MINNIS.The jury having taken their seats,
J. Cotter, sen., the plaintiff in the case, was examined by Mr. Faliner—He deposed that there were about ten police in his house. The head constable, accompanied by Mr. Minnis, Mr. Jordan, and Mr. Heron, searched the room in which witness’s wife was lying sick. They searched under the bed in which she was lying.
The witness was closely cross-examined by Mr. Ferguson.
Mrs. Cotter, Francis M’Keown, and Alexander M’Cracken, corroborated the testimony of the plaintiff and his son.
Mr. Andrews opened the case for the defendant, and proceeded to call witnesses.
N. M’Carron, head constable, examined by Mr. Ferguson—I am head-constable of police in Lurgan. I have been 22 years in the force, and 11 years head-constable. [Produced warrant in the case.] I know Mr. Hancock’s writing. I said to Cotter, when I entered the house, that I had a warrant for searching his house for embezzled yarns. I was accompanied by Mr. Minnis and Mr. Hancock. Cotter got on the stairs before me, and said he would not allow me to go up. I said I would go up. He then asked me to produce my warrant. I said I had it in my hand. Mr. Cotter got hold of Mr. Minnis, and said that he should not go up. None of us were in the room that Mrs. Cotter was lying in. The door was lying open. I believe that Mr. Minnis shut it, but some woman opened it again. There were no policemen up stairs but myself. There were about four or five of my men altogether in the house. In one house we searched, they had the yarn burning on the fire. There was some noise made in Cotter’s. The noise was made by the friends of Mr. Cotter.
The witness was cross-examined by Mr. O’Hagan at considerable length, and his replies were a repetition of his direct evidence.
William Jordan, examined by Mr. Harrison—I am a manufacturer. I reside at Dromore. Mr. Minnis lives at Mossville, within a quarter of a mile of Dromore. I am acquainted with the manufacturing interests in the neighbourhood of Dromore and the district around it. I accompanied the police to Cotter’s house, and Mr. Minnis was with us. We attempted to go up stairs, and Mr. Cotter prevented us, and spoke very rude of Mr. Minnis. The head-constable removed him, and gave him in charge to the men down stairs.
The witness was cross-examined by Mr. Joy, Q.C., at some length.
Wm. Heron was next examined by Mr. Andrews, Q.C., and gave almost similar evidence to that of Mr. Jordan.
The witness was cross-examined by Mr. Falkiner.
Wm. Beck Minnis, examined by Mr. Ferguson— I am the defendant in this action. I know of several losses in yarns. I have lost heavily myself. I had a communication with Mr. Heron in reference to John Cotter before I made my information. Mr. Heron told me that John Cotter kept a tax-cart and man going through the country exchanging teas, &c., for “ whiteheads.” Mr. Anderson also told me the same, and that he and others in Lurgan would have no difficulty in showing and proving that Cotter was a large dealer in “ whiteheads.” I was also told that Cotter was a manufacturer of the “ whiteheads.”— Mr. M’Cullagh, with whom I had more conversation than with Mr. Anderson, informed me of the fact that John Cotter was a large dealer in “ whiteheads,” and he would have no difficulty in proving the case against Cotter when it would come before the proper authorities. It was upon the information I received that I acted. Mr. M’Cullagh told me that both in Lurgan and Dromore. Mr. M’Cullagh prosecuted parties in Dromore and had convictions. The parties were keepers of small shops, sold apples and onions, and delt [sic] in yarns. The shop was an excuse. I had heard that Mr. Thos. Brown found yarns in Cotter’s house previously, and that two gentlemen whom I knew well had sworn they were embezzled yarns. The gentlemen were Mr. M’Cullagh and Mr. Anderson. They are manufacturers and men of skill. Men of skill can readily distinguish between “ white- heads” and yarn procured properly. Having received all this information I firmly believed all that I have heard about Cotter. Believing what I had heard, I made an information before Mr. Hancock. This (produced) is the information. Mr. Hancock, after examining me about the matter, granted a warrant.—We searched seven houses and got embezzeled [sic] uarns in them. Cotter’s was the eight house we went to. I was going upstairs with the head constable. Cotter caught hold of me by the arm and used me very roughly. The head constable took him away and gave him in charge to the men below. There were three policemen in the house. None of the police went up the stairs but the head constable. We went with him—Mr. Jordan, Mr. Heron, and myself. When I went up the stairs I saw a woman lying in a bed. The door of the room was open, and I shut it. A woman, who came up the stairs, slammed the door back, and said, “ How dare you, Sir, shut a door in my house ? She looked like a servant girl in the house.” I did not get into the room in which the woman was lying. The head-constable did not go into that room. None of us entered it that day. It was not searched. We got no “whiteheads” in Cotter’s. We got none in any other house afterwards that day. I remember the 5th of April. We were leaving the court and driving up the street past Cotter’s. He began using language to us which I need not repeat here. I said to him, “Cotter, go into your house and mind yourself, or we may have to make a proper search of your house.” On account of the sick woman, and the noise and uproar, the house was not thoroughly searched.
The witness was cross-examined by Sergeant O’Hagan.
Samuel M’Cullough and Robert Anderson were sub sequently examined, but their evidence was chiefly repetition of the testimony of previous witnesses.
Robert M’Caw, examined by Mr. Harrison—I am an extensive manufacturer, having establishments both in Dromore and Lurgan. I have known Minnis for 11 years. He is a very trustworthy and truthful person.
At this state of the proceedings the court adjourned until half past nine o’clock on Monday morning.
The right Hon. Chief-baron Pigot took his seat in the Record Court this morning at half-past nine o’clock, and proceeded with the case of
JOHN COTTER V. WM. BECK MINNIS.Mr. S. Ferguson, Q.C., addressed the Court and jury to evidence, in a very able speech, on the part of the defendant.
Mr. Joy, Q.C., replied on behalf of the plainiff [sic], after which
His Lordship charged the jury at considerable length, recapitulating the evidence on both sides.
The jury then retired, and, after a lengthened absence, not agreeing to a verdict, were discharged.
Serjeant O’Hagan, Q.C., and Messrs. Joy, Q.C., and Falkiner were counsel for plaintiff. Agent—Mr. Jas?. M’Lean.
Messrs. R. Andrews, Q.C., Ferguson, Q.C., and Harrison were counsel for the defendant. Agent—Mr. Morris.
This closed the business of the Assizes.
Submitted by ajk.
IMPORTANT NOTICE: All rights to the pages found within this site are retained by the original submitter of the information. Pages may be printed or copied for personal use only. They may NOT be reproduced in any form in whole or in part by any individual or organization for profit.