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The Londonderry Sentinel, Saturday 21 March 1835


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The Londonderry Sentinel Saturday 21 March 1835

Transcribed & Submitted by
Margaret Brown
maggie1brown(at)hotmail(dot)com
Extracted from The Londonderry Sentinel
Saturday 21 March 1835




O'CONNELL AND THE MAIL - Notwithstanding the solemn denial by Mr. O'CONNELL of the charge made against him by Mr. SHAW, with respect to the case of attempted intimidation at the Kerry election, it is emphatically asserted by the Evening Mail that Mr. SHAW's statement is not only in substance, but to the very letter, correct, and that its truth will be attested either in a court of law, or, in case an inquiry into the subject is instituted, by the House of Commons.



TYRONE ASSIZES At 12 o'clock on Thursday se'nnight, CHARLES ECCLES, Esq., High Sheriff of this County, entered the Crown Court, attended by his Sub Sheriff, JAMES WILSON, Esq., when the following gentlemen were sworn on the Grand Jury, for the purpose of transacting the fiscal business of the County: -
J.C. MOUTRAY, Esq. Foreman
SIR HUGH STEWART, BART. LORD ALEXANDER A.W.C. HAMILTON, Esq. SIR R. A. FERGUSON, Bart. HON. A. G. STEWART ROBERT WILLIAM LOWRY ROBERT W. MAXWELL WILLIAM L. CONYNGHAM ROBERT M. MOORE THOMAS R. BROWNE, Esqrs. S. GALBRAITH. A. MCCANSLAND J. LINDSAY A. H. CAULFIELD C. J. GARINER H. EVANS J. HUMPHREYS J SINCLAIR H. G. EDWARDS H. L. PRENTICE, Esqrs.

On Saturday last, about half past three o'clock, Chief BARON JOY arrived in Omagh, and shortly after took his seat in the Crown Court, when the Grand Jury were again sworn for the discharge of the criminal business.

His Lordship briefly addressed the Grand Jury, congratulating them on the lightness of the calendar, and on the peaceable state of the country, particularly when compared with the state of the South of Ireland. He concluded by begging that all the County Documents should be laid before him as soon as possible, and the Court adjourned until Monday.



On Monday and Tuesday the trials were very unimportant, and not worth nothing. After the only Record, as reported, was disposed of, the thief Justice proceeded to assist the Chief Baron in disposing of the cases on the Crown calendar. The following are the convictions: -

THOS. DOHERTY, for a rape on the person of ELEANOR CONOLLY, in a mountain near Strabane, on 2nd February last. Guilty - sentence of death recorded.

JAMES DOHERTY, for an assault on a policeman. To be imprisoned six months, and kept to hard labour.

WILLIAM MULRINE, and JANE and ANNE MULRINE, for an assault. Two first imprisoned for six months - ANNE for three months.

MARY JOHNSTON, for picking pockets at Strabane. To be imprisoned to the 24th instant.

FRANCIS DOYLE, for horse-stealing at Omagh. Transported for life.

JANE LUCAS, having a stolen heifer in her possession. Transported for life.

SAMUEL and JAMES NELSON, for sheep stealing. To be transported for life.

ROBERT CUNNINGHAM, for breaking the window of MR. COOKE, of Strabane, and stealing therefrom a watch, on the night of 2d Feb. last. Imprisoned for three months.

JAMES MCGARTLIN, for stealing a hat and other articles. - Transported for seven years.

JAMES O'NEILL, for stealing out of the shop of MISS COOKE, of Omagh, several articles, on the night of 20th Jan. last. Transported seven years.

JOHN BOYD, for breaking the window of MR. COOKE, of Strabane, and stealing therefrom a watch, on the night of the 21st October last. Imprisoned six months.

PATRICK MCMULLAN, for having, on the night of the 13th Feb. last, with several others, attached the house of HUGH SCOTT, of Knocknacloy, and taken therefrom a gun. To be transported seven years.

ANNE MILLER, for having stolen goods in her possession. Imprisoned six months.

CATHARINE CURLEY, or MORAN, for having in her possession base coin. Imprisoned six months.

HENRY WALSH and THOMAS MCGUINNIS, for waylaying and beating THOMAS CLANCY, at Benburb, on 2d Feb. last. Each imprisoned twelve months.

PATRICK KEENAN, for a rape on the body of BETTY MURRAY, at Mullaghmoyle, on 13th August last. Judgement of death recorded.

WILLIAM HEFFERNAN, for a violent assault on ANDREW DUNN, at Strabane, on 27th Nov. last. Imprisoned one year from 28th Nov. last. BERNARD FARRELL, for same, to be imprisoned one year from present Assizes.

MICHAEL DONAGHEY, for an assault on ISABELLA HANNA, with intent to commit a rape, at Erginagh, on 15th Oct. Imprisoned for two months.

ANNE KIRK and BESS COLLINS, for robbing DENNIS MORRIS of a watch, at Strabane, on 10th March inst. To be each transported for seven years.

HUGH FARLEY, THOMAS STARRS, WILLIAM SMITH, NEAL CORRY and JOHN MCKENNA, for an assault on JAMES JOHNSTON, of Killybrack, near Dromore, on the 2d Feb., and also for a riot. To be each imprisoned for one year, and kept to hard labour.

JAMES HOUSTON, for forging a crane master's ticket. Imprisoned for three months.

Several cases were postponed until next Assizes.



WEDNESDAY, MARCH 18.
MURDER.

JOHN MOUTRAY and OWEN MCKENNA were indicted for the murder of MR. JOHN WILSON, near Augher, on the night of the fair day of that town, the 12th November last, or early on the morning of the 13th.

A man call ORR was the first witness. He merely proved having been in the fair of Augher on the day of the night WILSON was murdered; that he saw the deceased, and also the prisoners there; and that he observed MOUTRAY going to MCKENNA, (wo was attending a thatcher,) and, with others, privately communicating with him (MCKENNA) several times during the day.

HUGH MCKENNA gave similar evidence, and also to his having discovered WILSON dead on the road when returning home that night.

F. MCCARROLL, examined by MR. SCHOALES-On the night of the murder both WILSON and MOUTRAY were in his (witness's) public house, on the road side; WILSON requested the witness to see him (WILSON) part of the way home; witness, or some of his family, were in the habit of doing so; when witness and WILSON went out thinks that MOUTRAY was in the house; went with deceased as far as FARRELL'S house; deceased would not let witness go further with him; witness returned, and deceased went on; has not returned far when he met the prisoner, MOUTRAY, who was going along the road after the deceased; MOUTRAY was walking fast; it was a clear moon light night, and about twelve o'clock; knew MOUTRAY perfectly well; he (MOUTRAY) had been a servant of his (witness's) for half a year; MOUTRAY could have gone home to MULRINE'S house by a nearer road.

GEORGE CRUDDEN, examined by MR. DEWRING -Recollects the night of the fair of Augher; had been in the fair, and returned home about seven o'clock' went to bed about eight, and was awoke about twelve by HENRY MELON and a pig man; after this went out to the back of his house to see if a pig he had bought the day before was safe; at this time witness heard a noise as if of people fighting; witness's house is about sixty perches from FARRELL'S, in which direction the noise was; went into the house again, and on looking out of a window, part of which was stuffed with straw, saw ROBERT WINSLOW pass toward Aughnacloy, with a loaded cart; before this heard a noise, as of people shouting to each other, behind the house; after WINSLOW was out of sight and saw MR. WILSON walking up the road, and MOUTRAY very soon after followed up the same way, soon after saw two men coming up out of YOUNG'S lane; it was good moon light; knew the two men, and saw them distinctly; one of them was the prisoner, OWEN MCKENNA, or OG; the other was MICKY TOLL MCKENNA, who is not on his trial' MICKY had a pistol in his hand; OWEN had what appeared to be a stick by his side, but not putting it to the ground; they followed after and joined MOUTRAY, and then all three ran up towards WILSON, and got into his company; on this heard a noise like fighting, and then heard MICKY MCKENNA say "there you lie, WILSON, and I would rather see one hundred of your sort lying there than yourself;" they were all round WILSON at this time, and in a short time after MOUTRAY and MICKY came up the same road again, and passed witness's house; had a distinct view of the; OWEN went some other road; after this witness went to the bac of the house, and saw MOUTRAY and MICKY MCKENNA join a party of men who were standing at a distance; some time after a man called CLIFFORD and HUGH MCKENNA came to witness's house, and he went with them to where deceased was lying; the reason why witness did not go out at the time they were beating WILSON was, that; the place seemed to be surrounded by a number of person' told ROBERT WINSLOW, MR. YOUNG, MR. DALE, MR. BEST, and several others, that he knew of the murder; this was after the inquest, and before he lodged informations; was deterred from giving information sooner from fear, as he lived in a lonely place.

This witness was cross-examined at considerable length by MR. DOHERTY, but nothing very material to shake his direct testimony was elicited. He (witness) said he was at the inquest, but was not examined; it was after the inquest that he had the conversation with WINSLOW; told WINSLOW he did not like to say much on the subject until near the assizes; was a dealer in flax, and in the habit of attending fairs and markets, and he was afraid if he swore informations that it would not be safe for him to go from home; might have told both a man and a woman that he heard no noise that night until he was awoke, and that he knew nothing of the murder; MR. DALE told witness not to let it be known to the Catholics of the country that he knew who the murderers were.

Cross examined by MR. MAJOR, on the part of the prisoner, MCKENNA - - YOUNG'S lane is exactly opposite witness's house; MR. WILSON passed along the broad road, by the end of the house; when MCKENNA and CLIFFORD came to get witness out of the house, MCKENNA said he had been ill beat in Clogher, and that there was a man lying dead on the road; witness told MCKENNA that he was like a murderer himself; he (MCKENNA) was covered with blood, and he did not like to go with him; MCKENNA said "you need not be afraid of me - I have good witness where I was, and if I am to be hung for it to-morrow, I turned the man on the road;" would have been sent to America, if he had consented.

A surgeon was here examined, who proved the injuries the deceased had received. Death was occasioned by a very severe fracture on the right side of the head, above the ear; the wound must have been inflicted by a blunt instrument.

ROBERT WINSLOW, examined by MR. SCHOALES - On the fair day of Augher went home early, as he was going to Caledon with a load of wheat next day; passed CRUDDEN'S house with the cart about midnight; a little before he came to CRUDDEN'S he heard a noise; heard what he thought to be two men going along the road, and as if speaking to some other persons in the field; did not see them; went on to Caledon, and on his return next day heard what had taken place; was at the inquest, and saw CRUDDEN there; CRUDDEN remarked to witness that there were some of the people there that had been at the murder; witness considered that this was likely, from having heard so many voices at the time he passed, which was said to be so near the time of the murder; could see any person coming out of YOUNG'S lane from CRUDDEN'S door. The witness was cross examined by MR. DOHERTY, but nothing particular was elicited.

JOHN DALE was examined as to what CRUDDEN had told him relative to the murder. The only discrepancy between what this witness said he was told, and the evidence of CRUDDEN himself, was, that he (CRUDDEN) had told the witness that only one person had followed WILSON up the road, and that one returned, and another went away by the fields: he (witness) requested CRUDDEN to be cautious, and not to be talking to the country people of what he knew.

On his cross-examination he said that he was satisfied CRUDDEN was afraid, as he lived in a bad neighbourhood; CRUDDEN said he could tell more, and witness believed what he was told.

JAMES CLIFFORD corroborated CRUDDEN'S testimony, as to meeting MCKENNA, and their calling upon him (CRUDDEN,) who went with them, and removed the body of WILSON; it was a fine night; MCKENNA described the dress of the deceased, and witness knew from the description that it was MR. WILSON before he saw him; CRUDDEN told MCKENNA that he did not like to go with him, as there was blood on his clothes; MCKENNA said he had been cut in a riot in Augher.

WILLIAM CURRAN was produced to prove that he had heard MOUTRAY say that he would have the life of WILSON, for talking to him about his religion; after the inquest witness was in company with CRUDDEN, who said, in talking about the murder, that but for fear he could put the rope round three of the murderers' necks.

JOHN SIMPSON swore that he was in the house of MCKENNA about a fortnight after the murder, and that he had then seen, on the top of the dresser, what appeared to be like the butt end of a whip, and loaded in the end with iron and lead.

ROBERT CAMPBELL, a serjeant of police, heard the magistrates question MCKENNA about such an instrument as that mentioned by the former witness; prisoner afterwards told witness that he had thrown it into the lake.

Here the case on the part of the Crown terminated.

An alibi was the defence set up for MCKENNA. His father, sister, and two brothers were examined, who swore that OWEN was in the house all the night in question, and could not have been out after ten o'clock.

For MOUTRAY two men and a woman were adduced, to prove they had heard CRUDDEN say he knew nothing of the murder; this they heard him say the day after it had taken place.

Two other men were called, as to good character; they admitted, however, that many of their peaceable and quiet neighbours were often seen in rows.

The trial commenced at ten o'clock, and at half-past five the Chief Baron commenced his charge to the jury. He recapitulated the evidence at great length, and the jury retired at half past six-at half past seven they again appeared in the box, and pronounced a verdict of guilty.

The Court continued crowded, and the Chief Baron rose, evidently much affected, and passed sentence on the unfortunate wretches. He strongly remarked on the enormity of the crime of which they had been found guilty, on the clearest evidence, and implored them to look for that pardon in another and a better world which was denied them in this. They had no ground for mercy here - it would be denied them. The sentence of the Court was, that they were to be taken from the place where they then stood to the gaol from whence they came, and from that to the common place of execution on Friday morning, there to be hanged by the neck until they were dead.

MOUTRAY seemed quite careless of the fate that awaited him, but MCKENNA cried bitterly, and loudly declared his innocence, with uplifted hands. They are both young men, and unmarried.



RECORD COURT - OMAGH, MARCH 16, 1835
BEFORE LORD CHIEF JUSTICE DOHERTY.
JOHN JACK, Plaintiff; HUGH GORE EDWARDS, Defendant.

MR. THOMAS R. MILLAR opened the pleadings - the damages were laid at 200 pounds, and defendant pleaded the general issue.

MR. DEERING, K. C., stated the plaintiff's case with his usual ability, and detailed the facts, which wee briefly as gollow: - In 1811 a lease was made by JAMES BRABAZON to JOSEPH WALLACE, of twenty four acres, of the lands of Eskeragh, at 1 pound 10 shillings per acre, in trust for the children of CHARLES SHORT, who were then minors, and the lands were set for the benefit of SHORT'S children. On the death of BRABAZON the present defendant became possessed of his estates, and having come to reside in the neighbourhood of the premises so demised, and wishing to beautify his place, he got possession of part of the lands, in consequence of promises made by him to one of the SHORTS, to give another farm of equal value, but which promises were never fulfilled. Some time after WALLACE having distrained MCCRAINOR, a tenant on the remaining part of the lands, the defendant, EDWARDS, prevented the distress being made available to poor SHORT, and defendant go the entire benefit from the year 1817 of the premises so demised. Under these circumstances a notice to quit was served on defendant, EDWARDS, and an ejectment brought at suit of JAMES WALLACE, the son and heir at law of the lessee; and in which demises were also laid in the names of SHORT'S children, and to which ejectment a person of the name of PHILIP MCCRAINOR took defence for all the premises, but same was restricted under an order of the Court of King's Bench to the part actually in the possession of MCCRAINOR, and for the recovery of which a verdict was had before his Lordship at last assizes, and the cost thereof were taxed at 62 pounds 2 shilling 4 pence. The present action was brought at the suit of the feigned lessee for the recovery of same and the mesne rates of land from 3d May, 1831, the day of the demise in ejectment, the mesne rates for previous years being recoverable only in the name of JAMES WALLACE, the heir at law of the lessee.

MR. LINDSAY ably stated the defendant's case, and submitted to the Court several precedents in support of all the points of law made by him and the other Counsel for the defendant.

The Learned Judge charged the jury, and stated to them the law, and that defendant would have the benefit of all the points so made in the Courts above.

The jury retired for a few minutes, and returned a verdict of 121 pounds 10 shillings 4 pence for plaintiff and 6 pence costs.

Counsel for plaintiff - JOHN DEERING, K. C., JAMES SHEILL, and THOMAS R. MILLAR, Esqrs. Agent - WM. HOLMES.

Counsel for defendant - FREDERICK LINDSAY, JAMES MAJOR, and OLIVER SPROULE, Esqrs. Agent - HENRY ECHLIN.



DONEGAL ASSIZES

On Tuesday last the High Sheriff, ROBERT MCCLINTOCK, Esq. presided at the Court House, at Lifford, when the following Grand Jury was sworn: -
SIR JAMES STEWART, Bart. Foreman.
ALEXANDER R. STEWART R. MONTGOMERY THOMAS BROOKE RICHARD W. NESBITT ANDREW FERGUSON JOHN HART DANIEL CHAMBERS WYBRANIS OLPHERT CONOLLY GAGE GEORGE YOUNG JAMES JOHNSTON, Esqrs THOMAS D. BATESON JOHN V. STEWART THOMAS J. ATKINSON B. G. HUMPHREY WILLIAM K. MCCLINTOCK CHARLES NORMAN WILLIAM FENWICK THOMAS ALEXANDER JOHN BEERS FRANCIS MANSFIELD ALEXANDER HAMILTON, Esqrs.

They Jury proceeded to examine the several presentments which were laid before them.

On Thursday, Lord Chief Justice DOHERTY, and the Chief Baron arrived in Lifford: the fomer opened the Crown Court at one o'clock, and the Grand Jury were re-sworn. His Lordship merely expressed his satisfaction at the state of the Calendar, and stated, that as it appeared they had already disposed pf the fiscal business of the County, he would not detain them by any unnecessary remarks. A few cases of minor importance were gone into, (which, with the remainder of the assizes intelligence shall be given in our next,) and the Court adjourned at six o'clock.



LONDONDERRY GRAND JURY

The following Grand Jury were sworn before the High Sheriffs at ten o'clock yesterday, and immediately proceeded with the fiscal business of the County:-
SIR JAMES R. BRUCE, Foreman
Sir R. A. FERGUSON, Bart, M.P. H. B. BERESFORD MARCUS MCCAUSLAND HENRY RICHARSON WILLIAM L. CONYNGHAM THOMAS SCOTT HUGH LYLE WILLIAM H. ASH CONOLLY SKIPTON RICHARD HUNTER CONOLLY LECKY, Esqrs. JOHN ALEXANDER RICHARD YOUNG JOHN A. SMYTH HENRY B. HUNTER JOHN C. BERESFORD ROBERT L. OGIILBY ANDREW SPOTTSWOOD ROWLEY MILLER JOHN MAGINNIS ARTHUR SAMPSON ROBERT BACON, Esqrs.




EXECUTION IN OMAGH

The unfortunate men, MOUTRAY and MCKENNA, condemned to death on Wednesday evening, for the murder of MR. WILSON, whose only offence appeared to be that he was the Master of an Orange Lodge, underwent the extreme penalty of the law at the front of the gaol.

At a quarter to three they made their appearance on the drop, both evincing great firmness. They separately addressed the assembled multitude very audibly. MCKENNA, addressing his father and friends, who stood underneath the drop, bade them farewell, protesting his innocence in the most fervent manner, and expressing his confidence in obtaining mercy in the sight of his God. MOUTRAY also bade farewell to all he could recognize - he declared that he alone was guilty of the murder of MR. WILSON, warned all within his hearing to avoid bad company, and particularly against absenting themselves from home at late hours, and drinking spirits, as these were the causes (he said,) of his untimely end.

MCKENNA died without a struggle, but MOUTRAY suffered for some time. After being suspended the usual time, their bodies were cut down and buried in the gaol yard. The crowd assembled was very quiet.

The Rev. FRANCIS QUIN, Parish Priest, and his Curate, the Rev. A. MCSORLEY, were unremitting in the attention to the unhappy men, from the moment they received their sentence, and exhorted them, in the strongest terms, to humble themselves, and prepare to meet their God. The culprits seemed to pay the greatest attention to their admonitions - the prayed with great earnestness, and seemed perfectly resigned.



WAX FLOWERS - It will be observed that MISS OSBORNE will hold a second lottery, at the Corporation Hall, on Wednesday next. We witnessed the anxiety which prevailed among the holders of tickets on Thursday, until the winners of the beautiful prizes were declared; and as the terms of the approaching lottery will, we have reason to know, be still more inviting than those of the last, we presume that a much larger number will be induced to take shares in it. We beg to acquaint our readers that MISS OSBORNE'S further stay in Derry is limited to a fortnight, so that it becomes all who desire to acquire the pleasing and elegant accomplishements of which she is mistress to place themselves under her tuition immediately.

DREADFUL OUTRAGE - One of the most atrocious outrages that we have heard of for some time past, in this part of the country, was perpetrated on Saturday last, the 14th instant.- About nine o'clock in the evening, a number of ruffians, amounting to thirteen or fourteen, knocked at the hall-door of MR. THOMAS MCKINNY'S house at Greencastle, in the barony of Ennishowen. They were armed with scythe-hooks, guns, and other weapons, and after obtaining admittance, they demanded that MR. MCKINNY should consent to the immediate discharge from prison of HENRY CAREY, now a prisoner in Lifford jail, for a debt exceeding 400 pounds, due to MCKINNY. They inflicted several severe wounds, not only on the person of MR. MCKINNY, but also on his mother, in her attempt to save the life of her son, and they at length retired, forcibly carrying off a gun with them.



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