(From Our Correspondent.)
| To-day, at 12 o'clock, the Right Hon. Mr.
Justice Fitzgerald entered the County Court, and opened the Commission of Assizes.
The grand jury having been re-sworn,
His Lordship, addressing them, said :The business to go before them was light. The report of the County Inspector was before him, and was very satisfactory, but for one point, to which he would presently allude. There were three cases to go before themone of homicide, one of perjury, and a Post-office prosecution, in which a person was charged with opening three registered letters entrusted to him to deliver. As he had already stated the report would be eminently satisfactory had it not been for the fact that there were three reported cases that would not go before them, the reason being that the persons who committed the offences had not been made amenable for the alleged offences.
| Patrick Mulcahy was indicted for having, on the
11th of April, killed and slain John Ahearn.
Mr. White, Q.C. (instructed by Messrs. Curtin and Anderson). prosecuted; Dr. Falconer (instructed by Mr. Stronge) defended the prisoner.
Maurice Ahearn, examined by Mr. White, Q.C.I am the son of the deceased, John Ahearn. He and I went to Dungarvan market on the 21st April. We were in Captain Gillon's coal yard when the prisoner and his brother, Thomas Mulcahy, came in. The latter caught my father and struck him on the breast with his fist. My father then caught him, and they fell into a wheelbarrow.
Did you see the prisoner after that do anything to your father? Yes. When my father and Thomas Mulcahy had been separated, the prisoner ran down the yard, seized the handle of a broken wheelbarrow, and struck my father on the head with it. My father fell to the ground insensible, and never again spoke. He held the handle with two hands when striking the blow. My father died immediately after.
Cross-examined by Dr. FalconerThere was no row that day between my father and the prisoner. My father was not in any altercation with him when he was struck.
Isn't it a fact that your father and every person in the coal yard was drunk? It is not. The prisoner seemed perfectly sober.
And your evidence is that Mulcahy, the prisoner at the bar, ran at your father, struck him a blow on the head that killed him, and that your father did not give him any provocation? It is ; my father was not aware he was in the yard when he received the blow that killed him.
A man named Patrick Morrissey deposed to seeing the prisoner strike Ahearn, the deceased man, a dreadful blow with a stick on the head that knocked him insensible on the ground. After he fell the prisoner threw down the stick, and. lifting him in his arms, shouted in Irish, John, are you dead?
Other witnesses having been examined,
The prisoner was found guilty.
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