The Cork Examiner, 7 August 1844
|Ellen Harrington was acquitted of a charge of stealing a blanket on the 6th
July, at Berehaven.
Catherine Sullivan was found guilty of stealing, on the 29th July, at Bantry, 10 yard of calico the property of George Barry.
Richard Barry was acquitted of a charge of stealing on the 1st of December at Millstreet, 3 yards of Corduroy, and 1s. 6d.
|Jeremiah Buckley was indicted, for that he, on the 14th July, at Frimplow, did feloniously assault and ravish Mary Buckley; and in another count—for aiding Jeremiah Swiney to commit the like offence. The prosecutrix being deaf and dumb, her aunt and brother were both produced to act as interpreters, but both admitted that though they knew many of her signs, there were many they did not know, and they accordingly refused to swear. The Court, after witnessing some attempts of the witnesses to interpret the signs of the prosecutrix, ordered, at the suggestion of Mr. Pigott, Q.C., a nolle prosequi to be entered and the prisoner to be discharged.|
|Jeremiah Buckley was next placed at the bar. Hon. Mr. Plunkett applied to
have this case postponed until next Assizes, as every effort has been made to
find the prosecutrix, but they did not succeed. The prisoner should enter into
bail in his own recognizance of £50, to appear at that time on getting 10 days
notice. It was accordingly done, and the prisoner was discharged.
Denis Lucey and others charged with a similar offence, having entered into the required security, were allowed to stand out until the Assizes.
|Jeremiah Ring was next placed at the bar, indicted, that he on the 1st of
May did steal two goats, the property of Patrick Mahony, who being sworn
deposed, that he lost four goats, two of which he found in possession of the
prisoner; they were in the prisoner's house, and in the act of being milked when
he saw them; prisoner, who lives more than five miles from witness, said he
Court—Would goats stray.
Witness—Sometimes my lord; they were spancelled. [?] The Jury returned a verdict of guity.
|His Lordship at the sitting of the Court at 10 o'clock this day, continued the criminal business of the county. The long panel being called over, the following jury were sworn:—|
|Cornelius Sheehan was indicted for that he had in his possession, at Kanturk, on the 10th of June, a £1 note of the National Bank of Ireland, which he converted into a £5 note. The Officers of the Bank not appearing to prosecute, the prisoner was discharged.|
|Thomas Welply, a young boy not more than 9 years of age, was charged and
found guilty of having stolen 4lbs of brass, the property of Edward Daly,
Johanna Faulkland was convicted of having on the 30th of June, stolen some wearing apparel, the property of Denis Touhy.
Ellen Cotter pleaded guilty to stealing two shirts, the property of John Daly.
Ellen Murphy also pleaded guilty to the charge of stealing a blanket, the property of Cornelius Jeffreyes.
Margaret Curtin was convicted of stealing a gown, the property of Mary Tuomey.
|James Ahearn was indicted for having upon the 15th of May, at Whitebog, near
Youghal, feloniously assaulted Ellen Condon, with intent to take her away
against her will, and also with intent to defile her.
Ellen Condon sworn—I live at Whitebog, near Youghal, in May last; my mother is alive; I have £110 fortune left to me by my father; I know the prisoner and knew him before that time; he kept a public house in Youghal; I had been in Youghal on the 15th of May, with milk; coming home about ten o'clock at night, I met two men who were strangers to me about a quarter of a mile from my own house; when I got nearer the house they laid hold of me and carried me away from my mother; they put me in a covered car upon the road; the prisoner James Ahearn was in it, and a driver outside; I was crying, and wonder that he did not smother me by putting his hands upon my mouth; another of the men who stopped me also came into the car and they would not leave me out; my mother was crying upon the road; there was a girl living with her at that time who immediately after left her and is now living with the prisoner; he told the driver to drive on as fast as he could to Cork and he did so; he told me he was going to marry me; my sister was married some time before that and had £200 fortune; he never spoke of marrying her.
Mr Bennett—Did he ever court you? I don't know.
Court—Don't you know what is courting? I don't know. Did he ever speak a kind word or two to you? He used to be asking me to go to his house; I went to a dance there with another girl last winter; I was overtaken between Glanmire and Cork by my brother and a cousin of mine who took me away from him; when my brother jumped off the horse he rode Ahearn swore he would have either me or my brother's life; Ahearn beat him and knocked him down upon the road; he brought me into Cork and I returned to Youghal upon the coach; he went into a house in Castlemartyr to get another car as the car broke down.
Cross-examined by Mr. O'Hea—I think you said this amorous youth never spoke to you upon marriage? He didn't. You never thought of going away with him? Never. You were once at his house? Twice; his sister once asked me in. Did he offer you any refreshment? I took a glass of punch with him. I am told you dance the Polkas with exceeding taste and grace? I do not, sir. You swore in your informations that it was after 10 o'clock when you left Youghal? I did, sir. I did not think that a lady of your propriety would be out at so late an hour? My mother knew I was out. You never said you would give a little screech to gratify mamma? No, sir. Now, was it a refusal you sighed out all along the road? Yes, sir, I was afraid to call out at Killeagh lest he should smother me. You did not cry out when the car broke down? No, sir, it was a lonely place. Did you take anything at Castlemartyr? I took a little drop of spirits and water. Perhaps you descended from the chariot at the village of Glountane? Yes, sir; I took a glass of cordial there; I made no noise about it, I first stepped into the car. Now when your brother came up you detested this rapparee, you thought him the greatest scoundrel that ever breathed? I did, sir; I drank a tumbler of porter from the prisoner upon one occassion about three months ago in Ryan's public house in Youghal.
Witness in reply to Mr. Bennet—There was nothing to prevent my marrying him if I wished; the prisoner was standing at King-street when the Youghal coach upon which I returned came up, and he went as far as Midleton on it.
The mother of the prosecutrix was placed upon the table and soon after burst out crying, but was comforted by his lordship's assuring her that there was no injury done to her daughter. In her account of the commencement of the attempt, she nearly concurred with the evidence of her daughter.
Patrick Condon was sworn and related what happened upon his coming up to the prisoner, and a female acquaintance of the prosecutrix proved that he offered her a sum of £9, if she would coax her to his house, and there make her drunk at his own expense, which he promised doubly to repay.
Head-Constable Richard Cole, deposed that he had searched himself, and directed frequent searches to be made for the prisoner between the 14th of May and the 17th of June last in vain, at the latter time he surrendered himself.
Mr. O'Hea said it was his intention to apply himself both in the observations he should make, and the evidence he should lay before the jury, to show that it was with the full and free consent of the girl, and not against her consent, that this whole proceeding took place; and, under his Lordship's correction, he told them, that, if they did not believe beyond doubt that it was a forcible taking away against her consent, in the whole and every stage of the transaction, his client was entitled to an acquital. Before, however, entering upon the evidence upon which the crown rested the prosecution, they would allow him to make one solitary remark upon which the entire case hinged. Men were naturally anxious and properly anxious to protect females from aggression of this description, and there was an anxiety, also, in every honest man's breast to suppress such outrages. It was because he was convinced that that solicitude existed in the breasts of the Jury in common with other men, that he implored them, when they would weigh the evidence, to take care lest that anxiety become in their minds a prejudice, and that prejudice determine their verdict. He would not however suppose that they would be deterred from performing their duty by either the enormity of the crime, or by a sense of the punishment which would necessarily follow it. Mr. O'Hea then commented at great length upon the evidence for the prosecution, and concluded by expressing a confident hope that when they compared with it the statement he was prepared to submit to them they would not subject his client to the dreadful penalty of the crime of which he was alleged guilty.
Counsel then called three witnesses to show the existence of amicable feelings between the parties during the alleged abduction, but, from circumstances discovered in their cross-examination, much doubt was cast upon their credit or memory. Mr. Plunkett replied to evidence. After half an hour's absence the jury returned with a verdict of "guilty with intent to marry."
Submitted by dja
-- The Cork Examiner 21 August 1844
THE LONDON GAZETTE EXTRAORDINARY. TUESDAY, AUGUST 6, 1844.
WINDSOR CASTLE, AUGUST 6, 1844. - This morning, at ten minutes before
eight, the Queen, was happily delivered of a Prince. His Royal Highness
Prince Albert, several Lords of her Majesty's Most Honourable Privy
Council, and Ladies of her Majesty's Bed Chamber, being present.
This great and important news was immediately made known to the town by
the firing of the Park and Tower guns; and the Privy Council being
assembled as soon as possible thereupon, at the Council Chamber,
Whitehall, it was ordered, that a form of thanksgiving for the Queen's
safe delivery of a Prince be prepared by his Grace the Archbishop of
Canterbury, to be used in all churches and chapels throughout England and
Wales, and the town of Berwick-upon-Tweed, on Sunday the 11th of August,
or the Sunday after the respective ministers shall receive the same.
Her Majesty and the infant Prince are, God be praised, both doing well.
O'CONNELL'S BIRTH-DAY IN MALLOW
On Tuesday evening the Repealers of Mallow held a soiree in one of the
Repeal Reading Rooms to commemorate the anniversary of the Liberator's
birth-day. All intoxicating drinks were excluded, but there was an
abundant supply of tea, coffee, confectionary, fruit, &c. The room was
crowded to excess, and several applied for tickets, which, however, had to
be limited, in consequence of the sudden preparations attendant upon
getting up this first attempt, which is to be continued on every
Over the chair was placed the Royal Arms, in other parts of the room we
noticed, a likeness of the Liberator with the inscription "He is in a
dungeon for our sakes," the other martyrs also occupied conspicuous
places, with appropriate devices. In the centre of the room, suspended
from the ceiling was a Dove with a garland of Orange and Green in its
bill, with the word "Conciliation," wrought in laurel leaves, and bearing
the following inscription from the "Spirit of the Nation," -
"Come pledge again the heart and hand,
One grasp that ne'er will sever,
Our watchword be 'Our native land' -
Our motto - 'Love for ever.'
And let the Orange lily be
Thy badge, my patriot brother -
The everlasting Green for Me,
And - we for one another"
A full length portrait of the Very Rev. Mr. Mathew - underneath - "The
Apostle of a cause glorious in the sight of God, and hallowed by the
fidelity of its disciples." The splendid amateur band was in attendance
and played several beautiful airs. Mr. Barnett Barry was called to the
chair, and several excellent speeches delivered, when the company
separated at a late hour.
On Monday 12th Inst., in the New Lane, off the Coal Quay, Sally,
the wife of Patrick Donoghue, at the age of over Sixty Years, gave
birth to a son -- the mother and child are both well. The mother
is a most industrious, honest woman
The following jury were then sworn:--
John Adams, | Paul M'Swiney, | Jas. Popham,
James Denny, | James Moreton, | Robt. Shaw,
Jasper Grant, | Richard Norris, | Wright Sherlock,
James Leslie, | Michl. O'Hea, | Murty O'Sullivan.
John Sullivan v. John Bowen
Mr. Murphy stated the case. It was an action of trespass; and damages
were laid at £100. The plaintiff was a tailor in the employment of
Mr. O'Grady, Patrick Street, and the defendant was the agent of a
Mr. Braddell who resided in Mallow, but possessed property on the
Coal-quay of Cork. Upon the 14th of May, 1843, his client was arrested by
a bailiff upon a writ against a person, it seemed, of the name of Flynn,
and was conveyed to gaol, where he remained till the following day, when
the defendant, Mr. Bowen, attended and procured his liberation. An action
had been taken at the last Assizes against Mr. Braddell, and it appeared
from the testimony of the present defendant, who was a witness for the
defence, that it was his own unauthorised act, and that was the foundation
of the present action. The jury found for the defendant without leaving
The Derry Castle and Burgess estate, county of Tipperary,
was knocked down to Francis Spaight, Esq., of Limerick, for
£39,500 st the chambers of Master Goold, yesterday. The highest
bona fide offer for this property at the sale last May, was
£37,500, and it was then bought in at £38,000. The estate now
sold to Mr. Spaight comsprises [sic] 3,000 Irish acres of land,
with mansion-house and offices, on the most picturesque and
frequented part of the Upper Shannon, near Killaloe.
POLICE OFFICE - THIS DAY
(Before Captain White)
Dennis Coffee, a sweep, appeared to recover the penalty of
£5 under the late statute against Mr. Francis Heard, Nile
Street, for permitting a boy under 16 years of age to clean
a chimney in his house. He did not see him he said in the
chimney, but he saw him after coming out.
Mr. Heard said it was done while he was absent ten miles from
town, and he was prepared with evidence to shew that the boy
entered the chimney against the will of the inmates.
Capt. White said it made no difference, but, as the case had
not been satisfactorily proved, he should dismiss it.
The prosecutor offered the boy as a witness; but the boy not
attending sufficiently soon, the complaint was dismissed.
THE MOTHER OF THE LATE MR. BANIM.--It will be learned with
regret that the mother of the late Mr. Banim, the Irish
novelist, is in reduced circumstances, in consequence of
the death of her grand daughter, whith whom the pension
settled upon Mr. Banim by government ceased.
Submitted by dja
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