Limerick, Limerick, Ireland
Saturday, 2 Mar 1822
Limerick Special Session under the Insurrection Act; Thurs,
February 28, 1822.
Friday March 1, 1822
County court -
EDWARD MARKHAM - charged with having in his possession at Mt. Brown
on 28th ult one case of pistols which he denied possession of and for being an idle and disorderly person.
When the Clerk of the Peace read the indictment, the prisoner desired he should read it again, which was done. He again desired a repetition in a more audible voice, seemed to smile and appeared to have no concern as to his condition. The Court interposed and remonstrated with the prisoner as to his assumed levity. Sergeant Torrens then repeated the words of the indictment to the prisoner to which he replied that he was not idle or disorderly, that the arms were certainly found in his house but that no charge was ever before preferred against him.
Thomas McEnnis, private of the Third Dragoons,stated in evidence that he repaired with others on the night of the 28th of February in search of arms in the neighbourhood of Mount Brown accompanied by Mr. Brown a Magistrate, and demanded arms at the house of the prisoner who said that he had no arms in his possession. Mr. Brown made a diligent search after the soldiers and found in the
bottom of the cupboard a brace of pistols one of which was silver tipped, the other was of a large size and seemingly a military one.
Witnesses said to prisoner that he was a fool to bring such desolution and trouble upon himself to which he replied that "It can't be helped now!"
John S. Brown Jr. Esquire, a magistrate, said that on the night of the 28th he proceeded to the party of the 42nd and some of the police which amounted to about 19 men. They searched some of the houses in the neighbourhood of Mount Brown which is distant from Rathkaele about 3 miles. At about 3 o'clock in the morning he proceeded to the prisoner's house. One of the soldiers searched
the house after demanding arms but could find none. Witness examined after the soldiers and found concealed in the lower part of the cupboard a large pistol mounted with brass and one of a smaller size tipped with silver both in good preservation.
The prosecution closed and the prisoner had no defence. He was found Guilty.
Pat Barrett, Andrew Kennedy, John Enright, Michael Danneher, James Shire, Pat Corbett, Michael Naughton, Michael Mailey, Daniel Neill, Michael Neill, Thomas Welsh, John Murphy, Patrick Welsh, Pat Fitzgerald charged with idle and disorderly persons did tumultously and unlawfully assemble on 28th February ult at Old Abbey in the daytime against the peace and the statute.
Major Wilcox stated that about the same place where the above prisoners were taken, large parties assembled in open day armed and legislating. 300 appeared in Cop..? Demesne that he had delayed taking any steps against the insurgents knowing that in a few days the Insurrection Act would be in force and that his
powers would be enlarged, that the parties went out by his directions and took the prisoners at the Bar.
William Smith, Chief Constable, stated that on the 28th he received orders to scour the neighbourhood of Shanagolden near Old Abbey and having come on a hilll he saw a multitude of persons to the number of 100 who had dispersed in all directions when they perceived his party. He however succeeded in taking 14 prisoners which are now at the Bar. They were near the houses of Mr. Morgan and Mrs. Farrell. Mr. Morgan and family were all armed ready for defence. Witness recognised most of the prisoners. They underwent a cross-examination by Mr. Fitzgerald but nothing was elicited.
John Markham, 'fhomas Dallas, Frederick Jackson, Thomas Halloran, 3rd light dragoons, and Thomas Preston of the Police severally gave their evidence as to the number assembled and they severally identified the prisoners arrested.
For the defence, the widow Farrell said that a number of persons came towards her house looking for firing and the country was distressed for fuel, that she sent her son-in-law for one of the prisoners, Naughton, to remonstrate with the party having no brushwood after which they went off peacably and showed no violence. She frequently before this gave them firing. Connors her son-in-law gave evidence similarly.
The Court retired and after some deliberation they brought in a verdict of Guilty against Patrick Barrett, John Enright, Michael Dannaher, James Shire, Patrick Corbett, Patrick Welsh and Patrick Fitzgerald. Naughton, Daniel and Michael Niell, Mealey, Murphy and Welsh were liberated, it having appeared from the evidence that there were some doubts of their guilt. They received the benefit thereof.
EDWARD MARKHAM, first prisoner convicted, was then put to the Bar.
Sergeant Torrens then addressed MARKHAM in a most impressive manner upon the nature of his offence and told him that this very moment, even while the sentence of the Court was pronouncing upon him, preparations were making for taking him out of the country.He was sentenced to transportation.
The seven persons whose names are already enumerated were then addressed by Sgt Torrens in a very energetic manner, touching upon the disordered, frightful and alarming state of the County, and the awful consequences which must succeed to the commission of those crimes. He felt it his duty to eulogise the firm, zealous and excellent conduct of Mr. Brown of Mount Brown, the Magistrate, whose exertions must be a subject of admiration and which, if imitated, the most beneficial results to the peace, order and tranquility to the
County will follow.
In this panegyric the entire Bench fully acquiesced. He then told the prisoners that they were now about the quit their country. This very instant, preparations were making for their bidding adieu to their families, friends and all that they held dear, and he sincerely hoped their punishment would prove a salutary lesson to the misguided.
He then sentenced each of the prisoners to Transportation for 7 years to any of His Majesty's colonies which should be selected for them. Sgt. Torrens then said, "Mr. Sheriff, see that these men
be removed forthwith for transportation. The promptness of the trial, sentence and the execution of it had a most impressive effect on the Court as well as the populace.
At half past 5 o'clock Captain Thompson, Governer of the County Gaol, placed the above 8 men on two carts at the courthouse door and a detachment of the 43rd Light Infantry, being in readiness, they were instantly forwarded to Charleville on their way to Cork to be put on board the hulks for transportation agreeable to sentence.
Submitted by: Frank Murray
co. Limerick, Ireland
Wednesday, 6 Mar 1822
County Limerick Special Sessions, Saturday 2 March
Thomas SHAUGHNESSY, an able stout man, was put to the bar, charged with
being an idle and disorderly person under the Act, having been out of his
home at half past ten o'clock on the night of the 28th ultimate.
William JOHNSON, one of the Adare Yeomanry, deposed that he saw a house
burning belonging to Mr. FOSBERY on the 28th ult; when he first saw the fire
he was two miles distant from it; accompanied by a detachment of the 42nd
Regiment, and a policeman hastened to the place; when he arrived there, it
was all in flames, being a thatched house; there was one woman in the house
at the time it was set on fire; and she was got out; some of the 42nd from
Kildimo had arrived there before his party; he and his party then searched
the adjoining houses to see it the inhabitants were within; they went into
SHAUGHNESSY's house and saw an old man sitting by the fire; while they were
interrogating the old man the prisoner rushed in from the back door in great
heat, as if after a chase, and on being asked where he was, he said that he
was feeding the cow, upon which witness to ascertain the truth and found the
cow in the yard without any food before it, but saw another man in the
stable, where there were two horses; the distance from the back door to the
cow was not more than eight or nine yards. (The prisoner addressed the
witness from the dock, denying having said he was feeding the cow, but that
he was feeding the horses).
Daniel ROSS, a soldier of the 42nd Regt. was in the house of the prisoner on
the night stated, and saw him come through the back door; he seemed in a
great heat, as if after running-the witness put his hand upon the Prisoner's
side, and felt his heart palpitate.
COURT: Witness, you know what it is to run after an enemy, and not from
him-was it a state of heat similar to that he was in?
WITNESS: smiling-"Yes, my Lord, as if he was after a chase."
Prisoner told witness also, that he had been feeding cows. Francis MAGINAS,
a soldier of the 42nd deposed that prisoner told him after he had come in,
that he was feeding horses; Prisoner said that after the yeoman and soldier
had interrogated him
The Prosecution closed, and for the defence was called Patrick SHAUGHNESSY,
brother to the Prisoner, who stated that he was not long in bed when the
army came in; that he had given directions to his brother to put the cow in
the stable; his brother was not long gone when the soldiers were searching
the house. On his cross examination, he could not tell whether four or five
minutes or three or four hours in bed, before the soldiers had arrived, but
he believed four or five minutes; he had no watch and how could he tell.
The case closed, and the Magistrates and Court consulted, and the Prisoner
was promptly found Guilty, and as promptly sentenced to seven years
Transportation. The Court and Magistrates were fully of opinion that the
Prisoner was at the burning of Mr. FOSBERY's house. The Court observed, that
a report had been currently circulated that New South Wales was a
comfortable place to be transported to, but the Prisoner would find, and the
Public may be assured, that an Island not so comfortable would be selected
by the Government.
Murtock SULLIVAN, an aged man, was put to the Bar-he was the person found in
the stable of the last Prisoner, hiding behind the door at the tail of the
horses, and the door fastened inside. He had the appearance of fresh mud on
his feet and legs; his case was a short one, he could offer no defence and
it was equally presumed that he had ran in there to hide from the soldiers,
after the burning of the house. He was found guilty and sentenced to seven
Submitted by #I000525
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