Transcribed by Jane from The Belfast News Letter 14 March 1834
Assizes on this page are for the County’s Fermanagh, Tyrone, Armagh and Monaghan.
County Fermanagh Assizes
Grand Jury –
Lord Viscount COLE
Lord Viscount CORRY
J. C. BLOOMFIELD
Hugh W. BARTON
H. M. RICHARDSON
Lieut. Colonel Hugh MONTGOMERY
A. F. CRAWFORD
F. BARTON, High Sheriff
Trial of Roman Catholics for a Riot
Terence M’MILLEN was indicted for assaulting John FERRIS, on 17th Jan. at Maguire’s bridge, so as to endanger his life.
Wm. MACALARY, Philip MAGUIRE, J. MAGUIRE, B. FLANAGAN, and John CASSADY, were indicted for riotously assembling on the same day at the same place.
Thomas JOHNSON, lives near Maguire’s-bridge; remembers going to the fair at the latter place, on 17th Jan. and remaining there from one until about nine at night; was on his way homewards when Philip MAGUIRE (accompanied by a number of persons) came out of the house of MACALOON, and struck one of the men along with witness with a staff; witness was knocked down by the blow of a tongs; swears he heard no words use by his, witness’s friends, to provoke to a breach of the peace.
William ARMSTRONG – Was in Thomas ABBOT’s house on 17th Jan.; heard a great noise in the streets, and went out to see rioting; there were a number of persons who came out of MACALOON’s house; saw JOHNSON, the last witness struck down with a pair of tongs; James MAGUIRE was participating in the riot.
The Jury returned a verdict of guilty against all the parties except CASSIDAY [sic].
Riot on the Part of Protestants
Tho. JOHNSON, Sam. DUNNE, and Rob. ARMSTRONG, were indicted for assaulting P. MAGUIRE, and riotously assembling at Maguire’s-bridge knock down of P. MAGUIRE.
G. GRIME : Got a beating at the fair; DUNNE, one of the traversers, gave witness a blow upon the head with a stick
Bridget MAGUIRE: Was near GRIME’s house, and saw him struck by ARMSTRONG.
Several witnesses were examined to prove alibis for the traversers.
JOHNSON guilty; the others acquitted.
Archibald CAMPBELL and Henry M’GARRY were convicted of administering an unlawful oath to Sarah M’CUE, on the 23d January, and sentenced to transportation for life.
Saturday – Party Processions – 12th July
The Court-house was crowded to excess this day, by the various persons charged with committing breaches of the law with respect to processions. Upwards of 285 traversers were indicted for violently and unlawfully assembling at different parts of the county, on the 12th July last, contrary to the provisions of the statute. Most of the persons were of the middling class of society, all appeared decently dressed and acted with much propriety.
Mr. DEERING, K.C. – I am Counsel for the traversers, and I feel great pleasure in being able to assure your Lordship, that this is the first time that any of these individuals have been placed at your Lordship’s bar. When the assizes were coming on, the traversers consulted counsel as to the course they should adopt on trial, and the counsel, as was his duty, stated that they had acted under a misconception, and had violated the provisions of the statute.
The traversers submit to the charge of assembling in procession; but there are other counts in the indictment which they disclaim. These counts state that they had met to promote disturbance, and excite hostility amongst other classes of his Majesty’s subjects. The traversers really met to celebrate the legal and political consequences of the battle of the Boyne, which proved the foundation of our civil liberties, and of the constitution under which we live. The traversers now submit to the law, and I trust that your Lordship will say the traversers did not meet for disloyal purposes, but merely to celebrate what they considered as not forbidden by the provisions of the law.
The Court – Am I to understand that they all submit?
Mr. DEERING – They do, my Lord; and there is a fact which I had forgotten to mention; no warrants were issued against them, and yet they all came in voluntarily, and gave bail for their appearance.
Mr. SCHOALES, on the part of the crown, then addressed the bench on behalf of the traversers.
Judge JEBB said it was his duty to make some observations to the traversers, in consequence of the course pursued. I think they acted wisely in adopting the suggestion of counsel to submit to the law. The law judged of the tendency of such processions, and not the intention. The Grand Jury of Fermanagh, those most deeply interested in the peace of the county, have set an example, by finding the bills of indictment in those procession cases, and the great body of gentry have endeavoured to impress upon the minds of people a due observance of the law. Let individuals prove their loyalty, by a due observance of the law; attachment to the King is one of the essential attributes of loyalty, but the more comprehensive term is submission to the decrees of the legislature.
The Learned Judge then alluded to the misconceptions which the counsel for the crown had referred to, and concluded by recommending all persons most strenuously to endeavour to secure for Ireland that peace which it so much required. The various addresses were listened to with deep attention, and the traversers departed in an orderly manner.
The following are the sentences in the case yesterday.
Maguire’s Bridge Riots – Terence M’MILLEN, W. MACALARY, P, MAGUIRE, J. MAGUIRE, and W. FLANAGAN. Roman Catholics – M’MILLEN, imprisoned 2 months; the others 1 month.
Thos. JOHNSTON [sic], (a Protestant), imprisoned one month.
Patrick LEONARD, for assaulting the police, one month.
John ARMSTRONG, for an aggravated assault, two months.
Tyrone Assizes Omagh
Grand Jury –
William VERNER, M.P.
A.W. COLE HAMILTON
Sir Robert A. FERGUSON, Bart., M.P.
Hon. A.G. STUART
Robert William LOWRY
William L. CONYNGHAM
Edward H. CAULFIELD
William S. RICHARDSON
Robert W. MAXWELL
Thomas R. BROWNE
John C. STRONGE
Henry L. PRENTICE
Robert M. MOORE, Esq., Sheriff.
County of Armagh Assizes
Wm. HODGE, for an assault on James WILSON, in June, 1832; submitted
James PARRY, a private soldier, of the 1st Royals, for robbing Sergeant CORRY, of the same corps, of money to the amount of £6, 5s.; guilty
Wm. ARD, for stealing, and Wm. HAUGHEY, for receiving, knowing it to be stolen, a watch, the property of James FERRIS; not guilty
Rd. WHITE, for stealing a sheep, the property of Henry O’NEILL; guilty
Patrick and Catherine GRIMLEY, for stealing linen cloth at Darkley, the property of Mr. S. KIDD; not guilty
Wm. DORAN, for stealing a cow, the property of Thos. CONNOLLY, co. Fermanagh; guilty.
County Monaghan Assizes
Isabella IRWIN for stealing part of a roll of tobacco from Margaret M’MAHON at Castleblayney, in August last; guilty, to be imprisoned for one night only, prisoner having been confined nearly seven months, waiting for her trial.
Hyram QUINN, for assaulting Wm. STEWART, at Clones, in April 1832, so as to endanger his life by inflicting on him grievous bodily harm; and also for a riot and common assault at said time and place; guilty, to be transported for 7 years.
James M’GEOUGH, for assaulting John BLACK, at Drumgastin, so as to endanger his life, and also for depriving said BLACK of a gun; guilty of common assault only; to be imprisoned for three months.
Wm. GREGG, Wm. MILLS, John STOREY and Wm. ROONEY, for assaulting Ed. HALPIN, at Clones, on 31st October last, so as to endanger his life; they were also indicted for a riot and common assault. – ROONEY acquitted; the other three guilty of the riot only.
Pat.M’CARRON, Pat. M’MAHON, and James M’KENNA, were indicted for the murder of John CARGILL, at Drumcoo, on 19th July last.
Mary CARGILL, the widow of the deceased, was examined at
great length. She stated that her husband died on the 2d August, in consequence of a beating which he got on 19th July. He was then building a house at Drumcoo, and was living at Cappagh, two miles distance, till the new house was finished. Between 9 and 10 on the morning of 19th July she went to her husband with his breakfast, and afterwards went across the fields to Kitty WOODS’s; she had been but a short time there when she heard a shot, and immediately after another, and, going out, she saw five or seven men beating her husband; she first went to Thos. WOODS’ for assistance, and then to a bog, a few perches off, to alarm the men working in it; a few only of the men came with her, and when she came back to WOODS’ house she saw the men coming from beating her husband; she thrust herself into a hedge on the side of the lane, to conceal herself, when five of the men passed her shouting for CARGILL’s wife; the three prisoners were of the party; two of them had pistols; when they were gone she went to her husband, whom she found lying on his face bleeding, and not able to rise; his head was cut and bruised, his cheek was bleeding, and he had three stabs in his right leg; she got a jaunting-car and had him sent to Cappagh; knew the prisoners before, but did not know their names or where they lived; she met three of the same party on the evening before her husband was beat near Drumcoo; she saw the prisoners when they beat her husband about twelve months ago on the same land; had a jennet and
a foal on the lands where her husband was beat; the foal was shot in the breast, and the jennet in the fore leg. On her cross-examination she acknowledged that she had told several persons that she did not know the men who had beat her husband. On referring to the examination of the witness before the inquest, it appeared that she swore that she did not know them.
James SKELTON saw the prisoners on the evening CARGILL was beat; they were going towards his farm; one of them had the appearance of a pistol concealed in the breast of his coat; another had an umbrella, and as well as witness could see there was a pistol in the folds of it. Laurence M’COY saw the men beating CARGILL, and knew M’CARRON to be one of them. Wm. WOODS was examined for the defence – Saw the five men running from the place where CARGILL was lying; he knew the prisoners well, and they were not among the five.
Four other witnesses gave similar evidence. An alibi was sworn to on behalf of the prisoners by several witnesses.
The Jury were enclosed all night, and next morning having not agreed upon a verdict, they were discharged at the Court-house steps. The prisoners remain in custody till next assizes, when they will be again brought up for trial.
Mr. Samuel GRAY was tried before Judge MOORE, on Friday, for firing at Felix DUFFY, at Carricknair, with intent to kill him, on 14th DEc. 1832. Three witnesses were examined on the part of the prosecution.
Mr. G. made no defence, but left the evidence against him to the Jury, who, without leaving the box, returned a verdict of acquittal.
Mr. GRAY had a prosecution against said DUFFY and others, but would not proceed with it, as it was his wish to allay politics, and live in peace with the country people; but, at the same time, he said he could never stand by and see the peace of the country or the laws of the land infringed upon.
His Lordship complimented Mr. GRAY for the high character he was told he had always sustained in the county, and added, that his conduct in this instance would raise him still higher in public estimation.