Newry Commercial Telegraph
March 21, 1828
Newry, County Down
On the 15th inst. by the Rev. John Watson, WM. K. BAILIE, Esq. Greyabbey Mills, to ANN, eldest daughter to Mr. Henry Miller, Spring hill, near Greyabbey.
On the 7th inst. in St. Mary’s Church, Dublin, by the Rev. M. White, JAMES GORDON SIMPSON, of the County of Tyrone, Esq. to SARAH, second daughter of Adam Boyd, of Henry street, Dublin, Esq.
On the 15th inst. the Rev. BENJAMIN WILSON EAMES, second son of Richard Eames, of Gracefield, County Dublin, Esq. to LETITIA BUNBURY, daughter of the late Simon Bunbury Isaac, of Hollywood, in the County Down, Esq.
On Thursday, the 13th instant, at the Primate’s house, Fair-street, Drogheda, THOMAS DELAHOYDE, Esq. of Collon, to JUDITH MARY, third daughter of Peter Markey, Esq. of this town.
On the 13th inst. at St. Ann’s Church, Belfast, by the Rev. A. C. Macartney, ROBERT STEWART, Esq. to ELIZA, daughter of the late Hugh Henderson, Esq. of Belfast.
On the 11th inst., by the Rev. Robert Henry, in the Church of St. Martin’s, Portadown, JOHN ROBINSON, Esq., Surgeon, to HANNAH, eldest daughter of Richard Sheppard, of Stewartstown, Esq.
In Lurgan Church, on the 6th inst. by the Rev. Edward Kent, Mr. WILLIAM M’CRUM, of Milford, to JUDITH, eldest daughter of the late Moses Paul, of Annagh, Esq.
On the 16th inst. CATHERINE ISABELLA, eldest daughter of the late Charles Seymour, Esq. of Somersettown in the County of Galway, to ROBERT HENRY PERSSE, Esq. second son of Robert Persse, Esq. of Roxborough, in the said County.
At Ballinderry, on the 13th instant, ANNE, wife to Mr. Thomas Thomson.
At Summer-hill, Dublin, in the bloom of life, Miss ELIZA WARNER, only daughter of Gustavus Meredith Warner, Esq. of inflammation of the brain and apoplexy.
At Armagh, on the 15th inst. HENRY FOWLER, Linen Merchant ; a man whose good natured disposition ensured him many friends through life.
At Comber, on the 11th ult. ALLEN RALPH, Esq. in the 78th year of his age.
At Lurgan, on the 3d inst. REBECCA, daughter of the late Joseph Hall, Esq.
At Downpatrick, on the 10th inst. Mr. OLIVER ORMSBY, Officer of Excise.
COUNTY MONAGHAN ASSIZES.
(Reported exclusively for THE TELEGRAPH.)
MONDAY, 17TH MARCH, 1828.By 11 o’clock to-day, the Honorable Justice JOHNSTON took his seat in the Crown Court, when the customary formalities were gone through and the following Gentlemen sworn on the Grand Jury :--
E. J. SHIRLEY, Esq., M.P., Foreman.
Hon. H. Westenra, M.P.
Edward Lucas, Esq.
Mathew Anketell, Esq.
John Madden, Esq.
Alex. N. Montgomery, Esq.
Hon. R. Westenra
Wm. Jemison, Esq.
Dacre Hamilton, Esq.
Robert Lucas, Esq.
Edward Richardson, Esq.
Humphrey, Evatt, Esq.
William Foster, Esq.
John Wood Wright, Esq.
William Mayne, Esq.
Richard Jackson, Esq.
Thomas Johnson, Esq.
Joseph Kane, Esq.
Roger Anketell, Esq.
John Johnson, Esq.
William Murdock, Esq.
Andrew Swanzey, Esq.
A. O’B. Bellingham, Esq.
The Hon. H. H. M. UFTON [?], High Sheriff.
His Lordship briefly addressed the Jury. He regretted that the Calendar had swelled to a greater extent than he ever before remembered in this County ; there were no fewer than 69 cases. The crimes, too, were some of them of the deepest dye. He would impress upon the Jury two things with respect to finding bills ; first, to ascertain the positive identity of the person charged, and secondly, that they had such clear and direct testimony as would justify them, were they on the petit Jury, in finding him guilty.— With this simple recommendation he would not detain them longer, but at once lay before them two public papers which had been put into his hand : the first of these related to the usual provision for the County Police, the second, the expense necessarily attendant on the Lunatic Asylum. On both these they would, of course, make the requisite order ; and, in conclusion, his Lordship entreated they would use due zeal and expedition in going through the public business.
Our Reporter has furnished us with a detail of the trials in the Crown Court, up to Tuesday evening, but we find no case of any great consequence, and are obliged to postpone the whole till our next. Two interesting cases of murder were fixed for trial on Wednesday. The following trials took place in the Record Court on Monday and Tuesday, before the Hon. Justice JEBB :
John Galligan v. John M’Donnell, Michael M’Donnell, Cornelius and James Cosgrove.—This was an action of assault and false imprisonment. Declaration contained three counts—the first for imprisoning and assaulting plaintiff ; the second generally for imprisonment ; and the third the same as the first, for general imprisonment and assault. To which two of the defendants pleaded the general issue, and the other two the general issue and justification. Verdict for the Plaintiff, £150 damages and 6d. costs.
Counsel for Plaintiff, Messrs. Holmes and Mayne. --Agent, Mr. George Welsh. Counsel for defendants, Messrs. Perrin, Curry, and Corley.—Agent, Mr. Samuel Swanzey.
Lessee Brazington and others v. M’Cowell.— This was an ejectment for non-payment of rent. Verdict for Plaintiffs, with costs.
Counsel for Plaintiffs, Messrs. Holmes, Gilmer, and Wright.—Agent, Cranston and Hall. Counsel for Defendant, Curry and Mayne.—Agent, Mr. Thomas Reilly.
Lessee John M’Kee and others v. Hugh M’Guffin.— This was an ejectment on the title to recover 25 acres of the lands of Longfield.—Verdict for the plaintiffs.
Counsel for plaintiffs, Messrs. Holmes and Mayne— Agent, Mr. Henry Swanzey. Counsel for defendant, Messrs. Perrin and Corry—Agent, Mr. Thomas Reilly.
Roche v. Eckland.—This was an issue directed from the Court of Exchequer, to try whether the plaintiff had paid the sum of £1400, as a fine for a lease of lives renewable for ever, for the lands of Garron, in the County of Monaghan, containing 70 acres, with a bog, at the yearly rent of £10.—Verdict for the plaintiff, by a Special Jury, that he had paid the sum of £1400 for the lease in question.
Counsel for plaintiff, Messrs. Staples, Corry, and Mayne—Agent, Mr. M’Kinstry. Counsel for defendant, Messrs. Gilmer, Perrin, Holmes, and M’Donald—Agent, Mr. Hugh Wallace.
The latter trial occupied the whole of the second day.
EXECUTION.—Owen Ferguson and Mary Magrath were executed on Monday last, in front of Dundalk gaol, pursuant to their sentence.
CAVAN ASSIZES.—Rev. James Pratt, a. James Birmingham.—The declaration in this case stated that the defendant did personally and by placards, maliciously prevent the plaintiff from getting any Toll for cattle, and other goods or merchandise at the fairs and markets of Kingscourt. The damages were laid at one thousand pounds. After a patient hearing of the case, the jury found a verdict for the defendant.
THE IRISH COURT.—The National Festival was celebrated at the Castle on Monday night with great splendour. The Carriages began to arrive before nine o’clock, and continued to set down the company until eleven. At a few minutes before ten, His Excellency the Lord Lieutenant, attended by the Officers of State, and accompanied by the Ladies Georgiana and Agnes Paget, entered St. Patrick’s Hall. Dancing soon afterwards commenced. The Ball was opened by the Marquis of Downshire and Lady G. Paget. Quadrilles were danced until one o’clock, when the company retired to the banquet room, where a sumptuous entertainment was prepared. The party did not separate until a late hour.
SIR HARCOURT LEES.—A writer in two of the Belfast Papers announces the intention of the Rev. Baronet to visit this part of the country early in the ensuing month, to attend the quarterly meeting of the Benevolent Orange Institution, of which Society he is Vice Patron. He adds, that “ a great body of Protestant Loyalists, from all the Counties in the North of Ireland, intend to meet the Rev. Baronet at Newry, at 11 o’clock on the morning of Tuesday the 8th of April, and accompany him the whole line of road from thence to Ballymena (44 miles.) He stops at Lurgan on Tuesday night, the 8th ; at Antrim on Wednesday night ; and proceeds to Ballymena the next morning (the 10th), to attend the Society.”
MURDER.—In Clones, on Thursday night last, about eight o’clock, Mr. Richard Condon, cabinet maker, a respectable Protestant, while walking peaceably and quietly from a shop in the Diamond, towards his own house, was attacked in a furious manner by a number of ruffians, with bludgeons, and, almost in a moment, left for dead in the streets. He lingered in extreme agony until Sunday morning, when he expired, leaving a disconsolate wife and four small children dependants on the world. An inquest was held on the body, on Monday morning last, by Mr. Mitchell, Coroner, and a verdict of wilful murder returned against three fellows at present in custody, aided and assisted by others as yet unknown.—Fermanagh Reporter.
The Treasurer of the Mendicity Association acknowledges having received, from Captain Hill, 5s., being the half of a penalty inflicted on John M’Allister, of Ballymascanlon, County Louth, (one of the persons who drew lime from the kiln,) under the Turnpike Road Act ; also 1s., from the same person, for profane swearing in the presence of a Magistrate ; also 3s., paid by John Toner, James Gilbert and Henry Talbot, to stop a prosecution for rioting in the streets ; 2s. 1d., the half of mitigated fines, after deducting expenses, paid by Johnson Cotter, David Gordon and Lawrence Murphy, for allowing their pigs to wander on the streets; and 1s. 6d , the half of mitigated fines paid by three higglers for travelling on the Sabbath Day—all submitted before Trevor and Smithson Corry, Esqrs.
THE Annual Meeting of the Subscribers and Friends to this Establishment will take place on WEDNESDAY the 26th March inst. in the SESSIONS HOUSE, Hill-street, when a Report of the COMMITTEE and a Statement of the TREASURER’s Account for the past Year, with other matters of importance, will be submitted to the public ; and a new Committee, with Collectors and other Officers, for the ensuing Year, will be appointed. The Chair to be taken at 12 o’Clock, precisely.
Newry, 19th March, 1828.
N. B.—The Collectors are requested to use their exertions to procure whatever SUBSCRIPTIONS and ARREARS may remain unpaid, previous to the Meeting, and to hand same to the TREASURER. They are also requested to furnish their Books to the SECRETARY, on or before the 26th.
THE NEW Haberdashery, Linen Drapery, Silk Mercery, Millinery and Shoe WAREHOUSE, CLANBRASSAL-STREET.
S. JOHNSTON begs leave to acquaint the Nobility, Gentry, and Public at large, that she has commenced in the above line, nearly opposite the Post-Office, where she intends to be regularly supplied. From her long experience in NEWRY, she is thereby enabled to choose the best and most fashionable Articles ; and her intention is, to Sell them on the lowest possible profit for READY MONEY.
As Business cannot be conducted on so fair a scale as that of asking but one price, it will be undeviatingly be attended to ; so that the most ignorant person, with respect to prices, may have the same advantage as those better acquainted.
N.B.—S. JOHNSTON will be regularly supplied with a large Assortment of MILLINERY, from some of the first Houses in LONDON and DUBLIN.
Leather & Household Furniture
IN THE TOWN OF DUNDALK.
TO BE SOLD BY AUCTION, on TUESDAY the 22d of April next, on the Concern, in CHURCH-STREET, within one door of the Earl of RODEN’S, a Quantity of LEATHER, in process of Tanning (a greater part nearly finished) consisting of Butt Hides, Backs, Calf Skins and Horse Hides ; also some of the same description in a finished state. Immediately after, the entire HOUSEHOLD FURNITURE of the Subscriber, as explained in hand-bills.
Also to be Let, or the Interest Sold, being a Lease of Lives Renewable for Ever, by Private Contract, from the 1st of May next. The HOUSE, TAN-YARD, OFFICES, &c., as now occupied. This Concern is well adapted for the Tanning Business, or a large Mercantile Establishment requiring good Stores, as the Concern is large and roomy ; or would answer well for the Corn Trade, being situated in the best part of the Town for purchasing Grain, and contiguous of the Quays.
For particulars, apply to THOMAS MATHEWS, on the Premises, who will close with a good Tenant, on the value being offered.—Dated March 18, 1828.
Sale to commence at 11 o’Clock, the Purchaser to pay his Majesty’s Duty.
Button, Trimming & Haberdashery WAREHOUSE, Chapel Ally, Lower Bridge-street.
WILLIAM & JOHN CLUFF,
RESPECTFULLY inform their FRIENDS and the Public, that they have just received a very large Supply, in the above line, which they are determined to Sell on the most moderate terms.
Dublin, 20th March, 1828.
LAND FOR SALE.
TO BE SOLD, 88A. 0R. 7P. late Irish Plantation Measure, in that part of the Townland of LISNACRAPPIN, lying on the West side of the Great Road leading from Kate M’Koy’s Bridge to Rathfriland, and situate in the Barony of Upper Iveagh, and County of Down, held by Lease for Lives renewable for ever, subject to the Yearly Rent of £22 3s. 8d. and a trifling Renewal Fine. For particulars apply (if by letter post-paid) to ROBERT D. MECREDY, Esq. Carnew, Dromore, or 22, Blessington-street, Dublin[.]
NEW YORK PACKETS.
In Port for New York, TO SUCCEED THE JOSEPHINE, To Sail about the 20th of April, The First Class Coppered Packet Ship FABIUS,
WILLIAM C. THOMPSON, MASTER.
For Freight or Passage, apply to
MALCOMSON & BELL,
9, DONEGALL-QUAY, BELFAST,
Who have received, and for Sale
600 Hhds. New New-York Flaxseed,
400 Barrels New Riga ditto.
TO BE SOLD BY AUCTION.
In the Matter of
AT the ROYAL EXCHANGE, DUBLIN,
on FRIDAY the 28th day of
MARCH next, (by order of
the Assignees) all that capital DWELLING HOUSE, OFFICES, GARDEN and LANDS of RATHROLL, situate near DUNDALK, in the County of LOUTH, containing 19A. 3R. 20P. ; and upon which are also erected Five neat CABINS, occupied by Cotters—late the property of said Insolvent.
The above Premises are situate about 3 Miles from Dundalk, on the Ardee Road, and were formerly occupied by the late NEAL COLEMAN, deceased, who expended a considerable sum of money thereon ; and they are now in the most perfect order, and the Lands in the highest condition ; and, being surrounded by the beautiful Demesnes of Fane Valley, Stephenstown, and Prospect, makes it particularly eligible for a Gentleman’s Residence.
For particulars of Title, &c. &c., apply to Mr. THOMAS SCOTT, No. 12, New Row, West, and Mr. MATTHEW M’ARDILL, No. 15, High-street, DUBLIN, the Assignees ; or WM. F. ROGERS, Agent to said Assignees, No. 29, Peter-street, DUBLIN, (if by letter post-paid.)—Dated this 27th day of February, 1828.
Sale to commence at TWO o’Clock in the Afternoon.
WM. BENNETT, Auctioneer.
NOTICE OF DIVIDEND.
THE CREDITORS of Messrs. HENRY & REID, late of Newry, Co-Partners, are required, on or before the 9th Day of APRIL next, to furnish to HUGH BOYD, of Newry, in the County of Down, Merchant, the particulars of their respective Demands—as the Trustees named in a certain Deed, dated the 27th January, 1827, intend, on the said 9th of APRIL, to make a Final Dividend of the ESTATE and EFFECTS vested in them, by said Deed, among the Creditors who are parties thereto, pursuant to the trusts thereof.—Dated this 5th day of March, 1828.
Wear’s Asthmatic Tincture,
For Coughs, Oppressions of the Chest, Asthma, Debility and Consumption, &c.
LONDON—Messrs. J. R. & G. JACKSON, 4, Wentworth Place, Mile-End ; E. BAKER, 62, South Molton-street, Oxford-street.
Apply to Messrs. POLLOCK, FIGGIS, & CO. 16, Capel-street, DUBLIN ; GEORGE SCOTT, NEWRY ; Mr. PLUNKET, Baths, WARRENPOINT ; WILLIAM SHEF, 29, Custom House Quay, near the Long Bridge BELFAST; Mrs. INNIS, LISBURN ; JELLETT, 3, English-street, ARMAGH ; JOHN JACKSON, CHARLEMONT ; PEEBLES & KINLEY, DUNGANNON ; WILLIAM BOYD, Surgeon, STEWARTSTOWN ; J. GAYNOR, ATHLONE ; WM. JOHNSTON, GLASSLOUGH ; MILLS EDWARDS, 8, Castle-street, CORK ; H. HENDERSON, ENNISKILLEN ; OLDHAM & CO. 37, Grafton-street, DUBLIN ; BEWLEY & EVANS, Sackville-street, DUBLIN ; W. B. KELLY, LIMERICK ; GEO. HUMPHREY, BELTURBET ; JOHN LOUGHHEAD, SLIGO ; CHAS. MORTON, DERRY.
(Continued from THE TELEGRAPH of Tuesday.)
THURSDAY, MARCH 13.PETIT JURY.—John Scott, John Dickie, Andrew Bradford, J. Tinley, J. Crawley, P. Jennings, Robt. Monkitrick, Wm. Hudson, Wm. Page, Wm. Moore, Neal Coleman, George Eyre.
Thomas Holland was indicted for stealing six barrels of oats, the property of Geo. Lawson, at Dundalk, on 16th April last ; also, for feloniously entering, on 27th April, the corn store of Wm. Heron, of said place, with intent to steal and carry away [illegible] prosecution.
Bryan Dowdall, for assaulting James Campbell and robbing him of £3 9s. 11d., at Dundalk, on 9th April last.
James Campbell, examined by Mr. MOODY— Recollects 9th April last ; was in Dundalk market on that day ; lives 2 miles from Dundalk ; on his return home met with prisoner ; it was on the street ; prisoner caught hold of him by the cape of the coat and drew his foot and knocked him down ; prisoner kicked him down a second time, threw his foot across his breast, and thrust his hand into witness’s pocket, from which he took £3 notes, and 9s. 11d. of silver ; was relieved by people coming forward, when prisoner made off ; a second party way-laid witness on the bridge ; they caught hold of the tail of his coat and run him round until his doom was very near at hand ; went to a Magistrate the next day.
Cross-examined by Mr. MAYNE—It was 7 o’clock on a market night when this took place ; there were a good many persons besides prisoner walking the road ; there were six assisting prisoner ; thinks he was kicked by more than prisoner when down ; felt the money going out of his pocket ; did complain to them of loss ; did not complain to any person on the street, or shout out ; swore against 6 persons, some of whom went to England ; had 4 at one time in gaol, but their friends threatened him to settle it, otherwise his house would be burned and himself destroyed ; did agree to their terms of composition ; knows that Samuel Gray lives at lower end of Dundalk ; knows John Daly’s public house ; did not drink any there on that day ; drank a naggin in M’Ardle’s with James O’Neill, about half-past six ; told O’Neill, to whom he was indebted money, that he had only a few shillings in his pocket ; told M’Ardle that he paid O’Neill £3 10s. at sundries ; O’Neill denied the getting of it ; gave him 7s. that evening ; knows Felix M’Keown ; saw him on that night ; M’Keown was for saving witness ; M’Keown heard him shout robbery, and he (M’K.) told other persons ; Clurtis was not in his company that day ; told him nothing about money ; told no person along the road that he was robbed ; drunk a little with the Police.
By the COURT—does not live far off prisoner’s ; prisoner is a carpenter by trade ; witness is a labourer ; never had a quarrel before with prisoner’s friends ; cannot say what business his friends had in town that day ; witness got the money for work that he and comrades did in a quarry of Mr. Thompson’s ; did not swear before the Grand Jury before ; was afraid to do so, as he was threatened by prisoner’s friends, and, being a stranger, he let them go.
Several witnesses were examined for the defence, whose evidence was widely different indeed from that of the prosecutor.
The Rev. Gervais Tinley, examined by Mr. MAYNE— Knows prisoner, who had lived in his parish for 8 or 9 years past ; he is a carpenter by trade ; never heard any thing improper of him until now ; if there had, he would, in his Magisterial capacity, have taken cognizance of it ; believed him to be an honest well conducted man.— Verdict—Not Guilty.
Michael M’Caffrey was indicted for stealing 2 shirts, the property of John M’Ardle ; also for stealing a piece of linen, the property of Jane Lawless, at Shannon-rock, on 17th Jan. 1826.—Guilty; to be transported for 7 years.
John Drumgoole was indicted for stealing a pair of cloth leggins, the property of Michael Barret, at Dundalk, on 10th Jan. The prosecutor not appearing when called on, his recognizance was estreated, and the prisoner set at liberty.
William Loughran, a boy of about 10 or 11 years of age, was indicted for robbing the shop of Mr. Robert Getty of several articles of wearing apparel. It appeared, in evidence, that this juvenile offender, having picked the putty off a patched pane of glass in Mr. Getty’s shop window, inserted a wire rod, with a crook on the end of it, with which he drew out a pair of pulse warmers, several pairs of children’s shoes and gloves which had been lying in the window. These articles were found on his person by a Police Constable, and identified in Court. He was found Guilty.
Charles M’Elroy was indicted for stealing two pigs, the property of Nicholas Lennon, on 23d Feb.— Guilty ; 7 years’ transportation.
Mary Craven and Anne Boyle were indicted for robbing David Lloyd, master of the Vigilant, of upwards of 15l. at Dundalk, on 27th Sept. last.
Elizabeth Lloyd, examined—Is wife of prosecutor— was on board the Vigilant, lying at what is called the Point in this town—had three 5l. notes and 3 sovereigns the property of her husband, in a tin case, inside a drawer, in the state room—missed the case in a couple of days after the prisoners had left the vessel—prisoners came on a Sunday and took their passage for Liverpool and it being a very wet day witness took compassion on them and brought them to the cabin, and gave them the use of a good bed—prisoners went away on the following Tuesday, and said they would return again, but never did so— there was no lock on the tin box—there was one on the drawer that contained it, but which was not locked.
Robert M’Dowell, examined—Is a Turnkey in the gaol—prisoners came into gaol on 28th Sept., and were put into separate apartments—Mary Craven sent for witness, intimating that she had something to tell him—witness did not induce her to tell any thing that would criminate herself—she told witness that she was aboard of the vessel, and that she knew the money was taken, but knew nothing of it—the other prisoner, Anne Boyle, also sent for witness—he did not induce her either to tell any thing to criminate herself—she told witness she would tell the truth, and if witness would go with her she would shew him where she had left part of the money, in a ditch—witness communicated this to Mr. Crowe, the Governor of the gaol, and he sent witness to Captain Jenkins, of the Police, who sent a policeman.
A Police Constable deposed that he got the money about 2-1/2 miles from this town—Anne Boyle accompanied him and took it out of the ditch and handed it to him—there were 6l. in notes, and 2 sovereigns, which witness produced in Court—she told witness that she got the three 5l. notes changed, in purchasing clothes, &c. in Carrickmacross—witness searched her person and got a box with 17s. of silver in it. This witness also produced in Court. The prisoners were found Guilty, and sentenced to transportation for 7 years.
Passing Base Coin.
Anne M’Garry, a well-looking young woman, was indicted for having base coin in her possession, with intent to pass it, at Ardee, on 12th Feb. last.
James Crawley, examined by Mr. STAPLES, K. C.— Knows Finnigan’s public-house, in Ardee—was there on 11th or 12th Feb. last—saw prisoner at the bar there --saw her first sitting on a lobby window, and she afterwards came into a room where witness and a woman were sitting—there was a bed in the room—witness saw her change 2 papers in her hand, and put one at the back of the bolster—the woman that was with witness took it up and gave it to him—witness compared it with the coin he had himself, and knew it to be counterfeit—there was 20 single shillings, and a half-crown of silver—counted it into the hand of John Quin, the policeman—swears that the money he saw the woman lift, was the same he counted to the policeman.
John Quin, examined by Mr. MOORE—Was in Finnigan’s on 12th Feb. in search of people passing base coin ; saw prisoner at the bar on the lobby window ; when prisoner saw witness she ran into the room where Crawley was ; witness suspected her, but took no notice ; when she returned out of the room witness took her into custody and went into the room where Crawley and the woman were ; gave the money he got from Crawley to Capt. Dglezon [sic].
Capt. Deglezon, examined by Mr. STAPLES— Received a parcel from last witness in Feb. last ; produced it and swears it is the identical one he received from him ; had marksput [sic] on the coin, which witness identified.
Mr. Townley, examined by Mr. MURRAY—Is a watchmaker and silversmith—from his knowledge and experience is competent to know bad coin—(Here witness examined all the coin and pronounced them counterfeits.)
The Jury returned a verdict of Guilty, and the prisoner was sentenced to 12 months’ imprisonment and hard labour.
Thomas Matthews, for stealing two pigs, the property of Patrick Reilly, on 16th December last. Guilty ; to be transported for seven years.
James O’Neill, alias M’Court, for stealing a mare, the property of Thomas Finnegan, at Cooley, on 30th Sept. last.
Thomas Finnegan examined—Lost a mare on 30th Sept. last—saw her in the field at night—missed her in the morning—got her the following morning, in custody of Sergeant Burke, police constable, at Carlingford.
John Burke examined—Was on duty on the night of 30th Sept.—met the prisoner at the bar riding a mare with a collar on her neck—prisoner looking rather a suspicious character, witness “ overhauled” him—told witness his name was M’Court, and that he was going to a friend’s in Newry, named Murphy, and that on riding through Dundalk the mare showed so much spirit he intended to bring her to Liverpool to make something of her—he also said he did not mean to steal her, but wished to take a ride—last witness claimed the mare the next morning, and swore to her.
The prisoner had no defence. He was found Guilty, and sentence of death recorded against him.
Mary Parks was indicted for stealing out of the shop of Eleanor Coleman a piece of calico value 10s. and two handkerchiefs value 5s. These goods were got by a sergeant of police (Barrett) in prisoner’s possession, and were produced and identified in Court. Guilty.
Sarah Mitchell, indicted for stealing a cloak at Dundalk, on 21st Dec. last, the property of Rose Fearon. Guilty ; to be imprisoned 10 months.
Stealing a Watch.
William Kelly was indicted for stealing a silver watch, the property of Henry Kockran a private in the 91st Regt. at Newry, on 2d August last. Henry Kockran, examined...His watch was taken out of Newry Barrack room...got it afterwards in Dundalk Police-office...witness missed it in the beginning of Aug. ...it was a month after he missed it until he got it again... prisoner was in the regiment when he lost it, but some time after deserted.
Wm. Armstrong, Police Constable, examined...Got the watch he now produces in a slit in the waistband of prisoner’s trowsers...took prisoner, at Mullagrew, on a charge of passing base coin...prisoner told witness he bought the watch from his brother.
Prosecutor identified the watch as being the one he lost; being cross-examined, said it was out of the barrack room it was taken...there were 16 men in the room...there was a man of the name of Davis in this room...the men were going back and forward to it.
John Armstrong, examined...Knows the prisoner...was in the same regiment with him...knew a Davis that was in the regiment...did not see any watch with him, or prisoner making any bargain with him.
The prisoner was found Guilty, and the Judge, in passing sentence, remarked that he was a good subject for punishment, as he was not only a robber, but a deserter from his regiment. His Lordship, therefore, sentenced him to be transported for 7 years.
Thomas Moore, a soft-looking lad of about 19 years of age, was indicted for violating the person of Margaret Smith, in Nov. last. The evidence of the prosecutrix, delivered with a flippancy in the last degree unbecoming her situation, was wholly discredited by the Jury, who, under his Lordship’s direction, returned a verdict of—Not Guilty.
Peter Ward and Wm. M’Cunnin were indicted for maliciously killing and carrying away the carcass of a sheep, the property of Mr. James Caraher, at Faugherstown, on 22d January.
Nicholas Larney examined—Is herd to Mr. Caraher ; lost a sheep on Wednesday, 22d January ; put the sheep this night into the fold; missed on the following morning, and on searching, found the head, feet and entrails of one near to M’Cunnin’s house ; had no mark on the head; saw mutton next day with constable.
Bridget M’Connin examined—Is a married woman ; witness’s husband and Peter Ward went out to steal one of Mr. Caraher’s sheep ; it was brought into the house with the head and feet off it and the entrails out ; Wm. M’Connin was in the house ; Terence is her husband’s name; was only with them four days ; Ward is no friend, but has lived with M’Connin since he was a child ; her husband is in jail ; it was not to save her husband she came forward to give evidence ; was not in the house when the mutton was found.
James Elphinson, police constable, examined—Found mutton hid in M’Connin’s house ; Peter Ward and both the M’Connins were there.
The Jury acquitted Wm. M’Connin, an old man apparently about 90 years of age, and found Ward Guilty.
John M’Guinness was indicted for robbing Luke Melin, a servant of Mr. Wm. Barker’s, on the road from Dundalk to Newtownhamilton, on 17th February.
Luke Melin, examined by Mr. MOODY—Mr. Barker sent witness to Dundalk for a trunk and a coat ; witness left Dundalk with them about seven o’clock in the evening ; had no person in company until he overtook a man on the road, and walked about three quarters of a mile with him—had a distinct opportunity of seeing him—he asked witness how far he carried the trunk—witness suspecting him gave an unsatisfactory reply—witness had the trunk on his back—identified prisoner at the bar as the person—he shortly afterwards bade witness good night and went in another direction—witness had not walked on more than sixty perches when he heard a noise, and saw a man running past a hedge on the side of the road—in about five minutes received a blow with a stone on the head, which knocked him down, and the trunk was taken from him—cannot in justice say it was prisoner that knocked him down. On this avowal the prosecution was put a stop to, and the prisoner discharged. The trunk has not been found yet.
Firing a Gun.
Matthew Cranny was indicted for firing a gun out of a window, and wounding John M’Donnell, a child.
John Young examined—Knows John M’Donnell—the prisoner at the bar took a double barrelled gun and fired it out of the window to vex Thomas Eaton [?], who told him not to touch it—it had been loaded the night before by Eaton [?]—saw [?] the child after—he was full of slugs from his toes up to his groin—witness was in bed at the time the child was passing by.
Cross-examined—To the best of witness’s opinion it was not intentional on the part of the prisoner, who was very sorry for what he had done.
Surgeon Smith examined—Saw the child after it was wounded—there were several marks on its body about the size of goose shot—there was no dangerous wound.
Guilty; one months’ [sic] imprisonment, and to pay 10s. to defray the child’s expenses.
Murder near Carlingford.
Patrick M’Carragher was indicted for the murder of Michael Feaghan, on 25th May last, near Carlingford.
Surgeon T. Black, examined by Mr. STAPLES, K.C. —Lives in Carlingford—is a medical practitioner—did not know deceased—saw his body—his attendance was required professionally at the inquest—on examining the body, found on the right temple a wound about the size of half-a-crown—it was a lacerated wound—opened the skull and found a quantity of extravasated blood on the brain—the injury, in his opinion, must have been received from a fall, not from a blow.
John Thornton, examined by Mr. MURRAY—Knew the deceased Michael Feaghan—knows the prisoner— was in company with them in P. Rice’s on the night above-mentioned—Rice’s is three miles from Carlingford—witness was drinking with deceased and prisoner—deceased, his sister, and a Thomas Kelly were in company—nothing took place inside—there was a noise outside, prisoner followed and put his foot before deceased and he fell—prisoner lifted him up in his arms and left him there—witness went to another fight that was convenient—never saw deceased alive again—saw him dead the next night.
Cross-examined by Mr. MAYNE—Deceased and prisoner were good friends—had no dispute that he saw at the time it took place—they were both drunk.
Thomas Kelly’s evidence was to the same effect.
Mr. MAYNE, on behalf of the prisoner, observed that the occurrence was clearly accidental. The Counsel for the Crown coincided in this opinion. The prisoner was acquitted and discharged. On leaving the Court much joy was manifested by his friends.
SATURDAY, MARCH 15.
Barbarous Murder of a Female Infant.
Marg. Magrath (apparently between 60 and 70 years of age) stood indicted for the murder of a bastard child, named Jane Kelly ; and Patrick Kelly, father of said child, was at same time indicted for being concerned in the murder, in August last, near Ardee. The prisoners pleaded not guilty.
Anne Mulroy, examined by Mr. STAPLES, K. C.—Was delivered of a child in August last ; it was a little girl ; P. Kelly, the prisoner at the bar, was the father of it; is not married to him ; was delivered on a Tuesday night in harvest ; witness gave the child to her sister, Peggy Mulroy, the second morning after delivery, to take to prisoner’s house, in order that he might get it christened, as he was better enabled to do so than she was ; the child had clothes on it when she gave it to her sister ; never saw the infant again ; went to look for it soon afterwards ; got clothes in Anne Kearney’s of Ardee, which witness had put on the child --Here a piece of flannel, a shift, and a cap were produced to witness, on examining which she wept bitterly ; she said “ she would swear to them for ever”—“ the mark she had on them was in her heart”—she made them herself, and they were the same that had been put on the child.
Cross-examined by Mr. SCRIVEN—Nothing elicited to weaken her direct testimony.
Anne Mulroy, examined by Mr. GILMER, K. C.—Is sister to last witness ; knows of her having a child ; left it at home with its father ; left it on a bed ; the child was born on a Tuesday, and left it at Kelly’s on the Wednesday ; the prisoner Kelly lived in his father’s house ; could not swear to its inside clothes ; never saw the child again.
Cross-examined by Mr. SCRIVEN—Did not see the prisoner when she left the child at his father’s --did leave it on the bed, but took it up again and left it on the road side at five o’clock in the morning ; there were houses near the place ; there was a girl coming forward with a can of water and saw her leave it down.
Re-examined by Mr. GILMER—Prisoner’s brother took hold of her by the shoulders, pushed and dragged her, and would not let the child stay in the house—it was Kelly’s servant girl that was passing, when she (witness) laid down the child within three or four yards of the door.
Anne Hoy, examined by Mr. MOODY—Knows prisoner, Patrick Kelly—was reaping for his father the day the child was left down in August last—knows Mary Kelly, mother of prisoner— she gave witness the child that day—witness took it to the Priest’s house to get it baptized, and he told her he would baptize it in the chapel the next day—kept the child until next day—prisoner came to her between the lights, and said he had got a nurse for it—saw prisoner give the child to the nurse—the child was living when she gave it to the prisoner—cannot swear to the clothes it had on—prisoner did not say anything to her on giving up the child—twenty times she had seen the woman prisoner gave the child to—identified the female prisoner as that woman.
Cross-examined by Mr. MAYNE, on behalf of Patrick Kelly—Prisoner returned to his own house when he gave up the child ; knows that prisoner was looking out the whole day for a wet nurse ; he appeared anxious about the child.
Cross-examined by Mr. WILKINS, on behalf of Mary Magrath—It was between the lights when prisoner gave the child to the woman ; he carried it to her in the skirt of his coat ; had not the child hanging under his arm ; witness asked him who the woman was he gave the child to, and he said he would tell her (the witness) another time.
By a Juror—Fed the child on boiled milk while she had it.
Rev. Mr. Montague, examined by Mr. MURRAY --Is a Roman Catholic Clergyman ; remembers last witness bringing a child to him on 29th August ; told her he would baptise it the following day ; baptised it by the name of Jane Kelly ; last witness brought it to him ; it appeared to be a very healthy child.
Cross-examined by Mr. MAYNE—Made an entry of baptism ; had taken note of it from his books; produced the note, and it appeared it was only baptised by the name of “ Jane.”
Anne Moonan, examined by Mr. STAPLES, K.C.—Lives in Baltrasna ; knows Mr. Norris’s shrubbery, near Ardee ; saw a child there in Sept. last ; it was rolled up in a piece of stuff cloth, and was dead ; witness washed it on the evening of that day ; the right cheek was bruised ; thinks the neck and arms were broken ; could bend its neck to its heels ; the body appeared fresh and had no smell ; left its clothes in Anne Kearney’s ; was ordered to do so by Captain Decluzean ; does not know the prisoners ; Baltrasna is a short mile from Ardee.
Anne Carney—Knows last witness ; recollects her coming to her house to wash a child ; it was dead ; it appeared somewhat black ; it was quite cold ; there was a small mark on its right cheek ; the arm and neck were broken ; there were clothes on it ; kept some of them. The piece of flannel, the shift and cap were here produced, and witness identified them as being part of the child’s dress ; the mother of the child, who had been examined in Court to-day, claimed these articles.
Capt. Decluzean, examined by Mr. MOODY— Knows Mr. Norris’s shrubbery ; went there on Thursday, 6th September ; found the body of a child on going a few paces into the shrubbery ; got a boy who brought the child to Anne Carney’s; an inquest was held on it the next morning.
Dr. Blackwell, examined by Mr. MURRAY—Is a Coroner of this County ; held an inquest on a child on 7th September last ; it did not appear to have been long dead ; it might have been about 5 days ; there was a bruise on the child’s cheek ; the neck was dislocated and the arms pulled out of their sockets ; it was evidently murdered.
Cross-examined by Mr. MAYNE—It was in beginning of September ; does not recollect the state of the weather at that period. Had seen children that were exposed as long as 5 days and as fresh as it was ; the prisoners live 2-1/2 miles from each other.
Margaret Venables, examined by Mr. STAPLES, K.C.—Knows prisoner, Mary Magrath ; was in her company the day Kelly sent a girl for her ; when she returned witness asked her what the girl wanted with her ; prisoner told her it was to take Kelly’s child ; this was on a Thursday ; on the Monday or Tuesday afterwards heard that a dead child was found ; saw prisoner on Friday after she got the child at 7 o’clock in the morning ; prisoner said that she intended taking the child ; witness replied that she would be sorry for it, for that the child of Mrs. ----- that she got last, was never again heard of; prisoner said she had brought the child home and it died ; witness desired her to take care of herself, for may be it was not a natural death ; prisoner asked witness if she thought she (the female prisoner) would kill it ? Prisoner also told witness she was to get £1 for keeping the child, and that she was to go on a journey with it ; said she was to get the money from Kelly ; witness lives within 7 perches of prisoner, and there was neither wake nor funeral of a child in her house at the time she said the former child died.
By the Court—No one lives in the house with the prisoner ; she never was married ; has relations but none living near ; did not ask to see the child when prisoner said it was dead.
George M’Kew, Police Constable, examined by Mr. GILMER—Knows prisoner Mary M’Grath ; remembers coming with her from Drogheda, on 11th Sept. ; Anne Mulroy was with him ; Mary M’Grath told witness that she had the child, and that she carried it into a wood near Ardee, and left it there ; it was at night ; did not say how long it was before the 11th that she did so.
H. Chester, Esq., examined by Mr. STAPLES, K. C.—Knows prisoner, Mary M’Grath ; she was before witness at Petty Sessions ; she was not sworn, but witness reduced her testimony to writing ; Kelly was present, and he denied all the charges. A part of the testimony was read, but it was of little consequence.
James Mathers, examined by Mr. MAYNE— Was present when the examination took place before Mr. Chester ; brought Mary M’Grath there in custody ; Kelly was present ; he came there of his own accord.
James Kelly, examined—Is brother of prisoner, Patrick Kelly ; was at home the day the child was left ; it was brought to his father’s house ; his brother made search for a nurse, and got 10s. from his mother to pay for it.
John M’Clintock, Esq., examined by Mr. MAYNE—Was acquainted with the prisoner, Patrick Kelly ; had known him since he was a young person ; he lived with his father, who was a very respectable tenant of his, and paid him £50 yearly ; his father was blind, and witness knew that prisoner had conducted his father’s affairs with great propriety, and on his oath he could not possibly think the prisoner guilty of the crime laid to his charge.
M’Kew, the policeman, was examined touching a confession Mary M’Grath made to him— She told witness that Kelly came to her house ; that she went with him to the wood, and that he there took the child from her, saying that he was going to give it to a woman at the other side of the wood ; when he went into the wood, she (M. M’Grath) heard the child cry and made off; she said also that Kelly was to give her £1, and that she had only got 9s.
Dr. Blackwell, examined by Mr. MAYNE— Had heard the statement made by last witness ; remembered Mary Magrath telling him (Dr. B.) that she had left the child alive in the woods.
The Judge having recapitulated the evidence and charged the Jury at great length, they retired for about a quarter of an hour, when, on re-entering the Court, they pronounced a verdict, Acquitting Patrick Kelly, and finding Mary M’Grath—Guilty.
The Clerk of the Crown having, in the usual terms, demanded if she had anything to say why sentence of death and execution should not be awarded against her ? the hoary and hardened criminal uttered not a word in reply.
The Learned Judge, having assumed the sable cap, pronounced sentence nearly as follows :-- You, Mary Magrath, have been convicted, upon very satisfactory testimony, of a most inhuman murder : a poor child was given you by its father to take to the Foundling Hospital, where, if you had delivered it, it would certainly have been taken care of. But no ; instead of this, you, for some guilty purpose of your own, barbarously destroy and take away the life of that innocent infant, who, perhaps, a moment before was smiling in your arms. Wretch that you are, what evil spirits tempted you to such an act of unparalleled atrocity ? But I fear this had not been your first victim ; it appears that a child was, some time ago, entrusted to you, under similar circumstances, and that it was never afterwards heard of. I hope, for the sake of your own soul, you are not more deeply sunk in guilt than you have been this day proved to be. Prepare, I implore you, for the fate that awaits you ; your hours are numbered, and before three days you will be for ever cut off from this world. Ere then, I trust you will be able to make peace with your God. Send for your Priest and make an open confession to him of all your crimes; and I entreat you not to deceive yourself, by casting any sinister reflection on the unfortunate father of the child, for the end to which you have voluntarily brought yourself.— Expect not mercy in this world ; divest yourself of every such delusive thought, and I once more entreat you to be earnest in your endeavours to obtain the pardoning mercy of Heaven. The sentence of the law is, that you be taken from this bar to the place from whence you came (the jail), and from thence to the place of execution, the gallows, and that you there be hung by the neck until you are dead, and afterwards your body be given to the Surgeons of the County Infirmary for dissection ; and may God have mercy on your soul !
The miserable wretch, who appeared quite unconcerned throughout, was removed in custody of the jailer’s assistant.
Patrick Kelly was then called forward. His Lordship commented at some length on the guilt he had incurred by seducing Anne Mulroy, and told him the least reparation he could make to that unhappy young female—no matter how much beneath him her rank might be—was to make her his lawful wife.
Patrick Hare, Private, 86th Regiment, was then tried for the murder of ----- Cunningham, near Dundalk, and Acquitted. The particulars appeared in a former number of THE TELEGRAPH.
The Assizes terminated on Saturday.
RECORD COURT—MARCH 14.
(Before the Hon. Justice JOHNSTON and a Special Jury.)
Henry Mills v. J. Wolfe M’Neale, Esq.
Mr. MARIKRE [?] BRADY opened the declaration, and stated that the action was brought for the burning of the plaintiff a turf by the defendant.
Mr. SHEIL, who attended as Special Counsel, stated the case. He said—What, Gentlemen of the Jury, are the words wherewith you have been sworn? “ You shall well and truly try the issue between the parties, and a true verdict give according to the evidence, so help yo God !” These are solemn words, and although, when you have been habituated to their familiar repetition, and they are uttered in mere compliance with a customary form, they are apt to drop upon the ear, without making their way into the mind ; yet if you reflect a little, you will, I am sure, agree with me when I say, that they impose a paramount obligation. Wherefore is it that thus, in the onset of this case, I recall to your recollection the sacred quality of your duties, and the religious ritual with which an important trust is reposed in you ? It is because this action is one of no ordinary moment...great interests are connected with it...it is calculated to bring strong passions and virulent feelings into play, and it is necessary that you should guard yourselves against the influence of prejudices from which the best men are not altogether free. It is not for the mere injury which has been sustained by the destruction of a mass of dried peat that this action was brought. You yourselves well know, and do not stand in need of any apprisal, that in your verdict, not the bare value of a stack of fuel, but that a great principle is involved ; that you are to determine, at these the Assizes of a County, in which a contested election has left so much emotion behind, whether the peasantry of Ireland are so far below the level of British citizenship, that their landlords are to exercise an absolute domination over them, whether they are to trample upon their rights, and outrage their feelings with impunity, and whether, for the wrongs and they [sic] insults which they sustain, our Courts of Justice are any longer to afford them compensation ; or they are to be told that, instead of appealing to the pacific interposition of our public tribunals, they are to look, in despair of finding redress elsewhere, to those terrible expedients of sanguinary reparation to which, in other Counties, the lower orders are so unhappily habituated to resort. The transactions from which this case derives its origin are connected with the late election of the County of Louth. It is indispensable, and therefore it is warrantable, that I should briefly revert to some of the incidents of that election. For upwards of sixty years there had been no contest in this County. Two powerful families had returned the two County Members, and it may be said that Lord Oriel and Lord Roden were joint tenants of the representation. It became necessary to issue a writ of right in the name of the people. This is not a befitting place to indulge in political discussions, but I shall not be considered guilty of any violation of propriety, or as deviating into irrelevant matter, when I state that the effort which was made to throw off the dominion of those two families, was not unnatural. The result of that election caused astonishment. With only two days preparation, and with the whole weight of the aristocracy opposed to the popular interest, the gentleman, who is known in Parliament by the somewhat fantastical but creditable designation of “ Forty Shilling Dawson,” was returned by a vast majority to that seat in Parliament, in which, by his conduct, he reflects so much honor on the judgment, as well as virtue, of his constituents. The plaintiff although a tenant of Mr. M’Neale, voted for Mr. Dawson. He was conspicuous among those who were themselves remarkable. He not only gave his vote for Mr. Dawson, but distinguished himself by other manifestations of zeal, and moved foremost in a procession, wherein he acted as standard bearer, and unfurled a flag with “ Civil and Religious Liberty” inscribed upon it. Mr. Wolfe M’Neale beheld this odious inscription unrolled by one of his dependants, and saw him moving in those little ovations which, during the election, rendered this town so remarkable a scene. Wolfe M’Neale had embraced the opposite interests with as much zeal as was manifested by his tenant. He is Surveyor to the port of Carlingford, and is a great and disinterested admirer of Mr. Leslie Foster, a gentleman also connected with the revenue, and distinguished by his deep and inscrutable investigations in political economy. Mr. Wolfe M’Neale employed no ordinary means in order to preserve the fidelity of his tenants from all vitiating influence. He stood on the hustings himself. He looked, when his tenants were produced, “ unutterable things.” Mills beheld him—but he was not dismayed. In vaid did Wolfe M’Neale exercise all the terrors of his physiognomy upon the plaintiff. Henry Mills obeyed the dictates of his conscience, and in voting for Alexander Dawson, virtually voted for himself. Mills might have been wrong—many of you may think so, but let his conduct have been right, or let it have been wrong, whether you regard it either as an Act of treason against the majesty of landlords, or look upon it as I do, as an instance of that humble heroism and rural chivalry which is to be found in the fields ; yet, if you have the feelings of gentlemen, independently of any other just source of sentiment, you will, I am convinced, look upon the vengeance which was taken by the defendant, as equally despicable and flagitious [?] , or, if you hesitate at all, it will only be because you will be at a loss to determine whether he has a higher title to your scorn or to your reprobation. What did Wolfe M’Neale do ? Did he distrain him ? No. Mills paid up his May rent on the 8th of July. Did he serve him with notice to quit ? No. Mills held by lease of the first of May, 1813. He had no recourse to another tyrannical device. Mills held four acres and thirty-four perches of the lands of Ballymacollet, from the defendant. He had been in possession of this little farm for several years before the year 1813, and antecedently to that period had uninterruptedly exercised the right of cutting turf upon a bog which is a mile’s distance from his farm. This right was an appurtenance. In the year 1813 he took a lease from the defendant for two lives still in being, and from that period down to the year 1826 he supplied himself with fuel from the neighbouring bog as well as the other tenants of the estate.—He made up his turf in June 1826, when the election took place. On the 17th day of July, Wolfe M’Neale, accompanied by his son, appeared on horseback on the lands of Ballymacollet. He was in a state of strong excitation, and carried all the indications of offended despotism about him. His tenants were summoned to attend him. Having collected them together, he ordered a pot with fire in it to be brought. His commands were obeyed. He then proceeded across the mountain, accompanied by this body of his tenantry. He arrived at the bog, and asks—“ Which is Mills’s turf?” It is pointed to him. He then sets fire to the plaintiff’s turf. When lighted, he compels the tenantry, who accompanied him, to assist him in heaping fuel upon the flame. At length the whole mass is in a blaze. What was the crime of Mills? He had, in compliance with what he conceived to be his duty, and knew to be his right, voted against the man by whom he was himself opposed. He had exercised a constitutional franchise, in a constitutional way. For this offence his landlord determines to make an example of him. He assembles the whole body of his tenantry, in order that he may render his vengeance more ostentatious and impressive. He orders fire to be brought forth, and marches at the head of a whole multitude, to the place where the plaintiff had collected the fuel that was not merely to be one of his comforts, but a main necessary of his existence, and which was not only to cheer his hearth, but to save him and his family from the piercing of the winter’s cold. It is needless for me to tell you how important this heap of fuel must have been to poor Mills, how precious it was to him, what value be set upon it, and, little as it was, how large a portion of his property was gathered in it. He is to be sure at an infinite distance from you, and from Mr. Wolfe M’Neale, from whom he is separated by the artificial distinctions of society ? But in the eye of the law, and in the eye of God, he is no inferior. Did they not come form the same dust, and into the same dust shall they not return, and will they not sooner or later be reduced to that greater level, that wide equality which awaits us, and in which the judge upon that bench will be distinguished from the humblest man in this Court, by no other than the comparative elevation of those sepulchral hillocks which will be heaped upon our graves. Gentlemen of the Jury, you may be of opinion that in dwelling on those topics which lie in the high way of trite and political declaration, I am doing no more than reverting to subjests [sic] in which so much has been elsewhere and perhaps in some instances, offensively said. It is not, of course, my purpose to wound your pride, or give any alarm to your sensitiveness, and I trust that if I venture to tell you some plain truths, you will consider me as not wholly unwarranted in doing so by the peculiar nature of the case before you. It is the fashion in this country for men to lift up their hands and eyes, and to exclaim against the atrocities which are committed by the lower orders. Give me leave to ask you how the lower orders are treated by you ? When you complain of their character and habit, reflect a little on the system you adopt in their regard. I tell you, and I tell you fearlessly, because the facts bear me out, that the peasantry are used in an infamous way by their superiors. This is not my opinion only, nor the opinion of men like me. I shall cite to you a very different authority I have before me,--the third report of the evidence taken before the Emigration Committee. The evidence of Mr. Malthus, a man whose mind is neither very inflammable nor inflammatory, is to be found in p. 826. He states in that page what he conceived to be the causes of the calamities of Ireland, and he assigns as a chief cause the mode in which the higher orders act towards their inferiors. His words are, “ one of the great faults in Ireland is, that the labouring classes there, are not treated with proper respect by their superiors ; they are treated as if they were a degraded People.” What an exemplification of the truth of this assertion made by so eminent an authority does this case afford ? Gentlemen, what is the result of this manner of dealing with the peasantry?—That all confidence between the higher and lower orders is utterly gone, and the peasantry, rendered mad with wrong, have recourse to those appaling [sic] means of retaliation of which the south of Ireland furnishes such disastrous instances ? The value of the turf was but a few pounds at most. Let me but have the main and essential fact established, that an Irish landlord, in vengeance for his tenant’s disobedience of his will, destroys what that tenant claimed to be his property—that he does so under the most contumelious and exasperating circumstances— that while he tramples upon his tenant’s rights he insults his religion—that he presents to the lower orders a pattern of ferocity, and powefully exhibits the character and system of treatment by which the lower orders of Ireland are at once infuriated and oppressed. Let me, I say, succeed in establishing these facts, and I am contented. Gentlemen, I have occupied, perhaps, an undue portion of your time, and I feel that I should have done. Yet, before I sit down, there is one topic to which I think myself justified in very briefly referring. I have alluded to the evidence of Mr. Malthus [?], respecting the manner of dealing with the lower orders in Ireland. This observation naturally leads to a consideration of the principles upon which the English gentry are in the habit of acting with regard to their inferiors. What damages would an English Jury give in a case of this description ? England is perhaps the most aristocratic country, and her Nobles the proudest in Europe, but they are at the same time as anxious to protect the rights of the lower orders as their own privileges and dignities. The consequence is, that while a just gradation of rank is uniformly maintained, there also prevails among the lower orders a conscientiousness of their importance, which imparts to them some noble characteristics. The meanest individual who belongs to the great and national incorporation of British liberty, knows that he is the member of a free State;--he stands up in the sturdy assertion of his own personal dignity—he feels that the proudest Peer in the realm does not dare to trespass upon his prerogative, and that to all purposes of individual independence he is on a level with the great and titled of the land.—We are united with England by virtue of an Act of Parliament, but when shall we be assimilated in habits and in principles—when shall we be identified in moral as well as in government, and in feelings as well as in laws ? When shall we be united indeed ? When will English minds and manners be diffused amongst us, and in learning to respect the humblest of our fellow-citizens—when shall we learn, from the example offered to us by our great neighbours, that in the result we do but respect ourselves ? I have but one word more to address you, and as I began, so shall I conclude. I commenced by reminding you of the obligation which your oaths have imposed upon you—I conclude by appealing to the same sacred source of adjuration. You have no sympathies with the plaintiff—you have many with the defendant, who is of your own order and rank, who agrees probably with most of you in political questions, and who, I understand, in his relation with his equals, however he may act towards his inferiors, is not destitute of worth and of the qualities which recommend to liking and esteem. These are but reasons that you should be upon your guard against the influence of motives to which no sway ought to be allowed. Remember that you have no secret duty to perform, that you are sworn to do justice and to give a true verdict, according to the evidence, so help you God.
The following witnesses were then called and examined.
James M’Alister, examined by Mr. HOLMES— Knows the lands of Ballymacollet and the bog adjoining; witness was, but is no longer bog bailiff to the defendant ; the plaintiff had some land from the defendant by lease ; the plaintiff used for many years to cut his turf upon the bog ; the witness used to mark out the place where each of the tenants was to cut his turf.
Cross-examined—The tenants were allowed to cut turf according as they behaved.
The lease of the 1st of May, 1813, was produced and admitted by the defendant’s Counsel. It was a lease of certain premises, with the appurtenances ; a clause was introduced, excepting mines, minerals, and turbaries. Thomas Connesy, examined by Mr. BRADY—Was in the year 1826 at Ballymacollet for the benefit of his health, there being a spa there ; remembers the 17th of July 1826 ; Mr. M’Neale came there with his son, on horseback, and and [sic] called the tenants together ; he ordered a pot with fire to be brought, and desired the tenants to follow him ; witness heard the people say, that Wolfe M’Neale was going to burn Henry Mills’ turf for voting for Dawson ; witness followed out of curiosity ; when Wolfe M’Neale got to the bog, he asked where was Mills’ turf ; it was pointed out to him ; M’Neale then called for the pot of fire, and lighted the turf himself, and ordered the people to heap more turf on it ; it rose into a blaze, and then Wolfe M’Neale said, “ Where is the Priest ?—let him come and put out the fire with his holy water ; if he does, I am the man to show him trading—it is but once in seven years that I make a request of my tenants, and if any of them refuse me, I will treat him like Henry Mills.”
Cross-examined by Mr. PERRIN—Witness is now quite well, though he went to the sea for his health ; does not remember what hour of the day it was ; went to Dublin to swear an affidavit, and got money to pay his expenses from Mills, who got 4l. from Mr. Brett, of Dundalk ; [sic] There are sixteen shillings due to him for his expenses.
----- Mills, the plaintiff’s son, examined—Witness is near forty years of age ; his father for upwards of twenty years cut turf on the bog ; on the 17th July, Wolfe M’Neale came with his son to the mountain, and ordered the tenants to come along with him ; he desired one of the tenants to bring fire in a pot ; Wolfe M’Neale, on reaching the bog, asked where Mills’s turf was ; he set fire to it himself, and commanded the tenants to heap turf on the fire ; when the fire was high, the defendant said, “ bring your Priest,and let him put out the fire with his holy water.—It is only once in seven years that I ask a request of my tenants, and whoever refuses I will treat him like Henry Mills.”
Cross examined by Mr. SCRIVEN—Wolfe M’Neale ordered the plaintiff not to cut turf, so long ago as March, 1826 ; he had a quarrel with the plaintiff, because he was served with a process ; witness went to the defendant in June, 1826, and asked leave for his father to cut turf, which defendant refused to give ; the plaintiff said he would cut turf, notwithstanding ; does not remember that the defendant said he would burn the turf.
Case closed for the plaintiff.
Mr. GILMER, as Counsel for the defendant, submitted that the plaintiff had not made a sufficient case in point of law to go to the Jury. It appeared that the turf was excepted in the lease, and the plaintiff cut it, by mere leave and license, which was revoked. Besides, it appeared by M’Alister’s evidence that the tenants were allowed to cut only according as they behaved themselves.
Mr. HOLMES, for the plaintiff, argued that there was a case for the Jury. The lease granted the appurtenances, and the bog was an appurtenance. All the tenants enjoyed it. The exception applied only to the premises actually demised, to the mines, minerals, and turbaries in the lands demised, and therefore not in the exception.— The exception did not apply to the appurtenances.
Judge JOHNSON said that the exception, coupled with M’Alister’s evidence, was sufficient ground to nonsuit the plaintiff. The fact averred in the declaration was not established, namely, that the turf was the plaintiff’s. It was true that he cut it, but it was out of the landlord’s bog, and after leave had been withdrawn.
Mr. HOLMES requested the Learned Judge to take a note of his objections to his opinion, which Judge Johnson said that he should do, and that the plaintiff was at liberty to move to set aside the nonsuit.
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