Transcribed by Jane from The Northern Whig Thursday, August 7, 1834.
This page contains the assizes for the Counties of Down, Londonderry and Fermanagh.
County of Down Assizes
Record Court
Wednesday, July 30.
M’KEOWN v. M’KEOWN
This was an action, brought by Hugh M’KEOWN, of Ballynavelly, as heir-at-law of Thomas M’KEOWN, against Hugh M’KEOWN, of Ballynahatty, as assignee of John M’KEOWN, for the recovery of a profit rent of 13l. 10s per annum, late currency, arising out of a farm of land called the Giant’s Ring, near Drumbo, and willed by the plaintiff’s father to his children. After undergoing a thorough investigation, the Jury returned a verdict, by the mutual consent of both parties, for half-a-year’s rent, amounting to 7l. 2s 10d, in favour of plaintiff, subject to the defendant’s claim of head rent, paid to Lord Dungannon, and certain points of law reserved for further consideration.
On Saturday, defendant’s Counsel again mentioned the claim which defendant had against above verdict, namely, 40l. 0s 1d per annum, and fees, since November, 1831, under a lease, proved to have been made by the late Captain BARS, to plaintiff’s father, the interest wherein was assigned to defendant. The Learned Judge coincided with the justice of the application, and made a note of the facts accordingly. This case occupied the greater part of two days.
Counsel for the Plaintiff, – Messrs. GILMORE, HOLMES, and ANDREWS; Agents, Messrs. J. and J. ANDREWS
Counsel for the Defendant, – Messrs. HALL, TOMB, and M’DONNELL; Agent, Mr. D. M’DONNELL
Wm. NORWOOD, Plaintiff; James HERRON, and others, Defendants.
This was an action to recover damages for a violent trespass, with force of arms, upon plaintiff’s dwelling-house, at Ballycurgannon, in the County of Down, in October, 1832, whereby plaintiff sustained considerable loss. After the examination of several witnesses, on both sides, the Learned Judge charged the Jury, who found the two principal defendants, James HERRON and Lieutenant HERON, Guilty of the trespass, and awarded the plaintiff 35l. damages, and 6d costs.
Counsel for the plaintiff, Messrs. GILMORE, K.C., M’DONNELL and M’MECHAN; Agents, Messrs. WATERSON and Son.
Counsel for the defendant, Messrs. HALL, K.C., and ANDREWS; Agent, Mr. George STEPHENSON.
M’EVOY v. MULLIGANS
The trial of this case occupied the Court a considerable part of Thursday, and part of the forenoon of Friday. It was an action brought to recover damages, in consequence of the defendants having, as plaintiff alleged, raised an ancient weir, situated on the River Bann, at Tullyconnaught, near Banbridge, whereby more back water than formerly, was thrown on the plaintiff’s land, situated in the townland of Tullyorier, farther up the river. It appeared that the premises had been inspected by a Jury, previously to the trial, and a verdict was found for the defendants, with 6d costs.
Counsel for Plaintiff – Messrs. GILMORE, SCRIVEN, and HANNA. Agent, Mr. REID.
Counsel for Defendants – Messrs. HOLMES, CURRY, HAYES, and NELSON. Agent, Mr. LITTLE.
Londonderry Assizes
Thursday, July 31.
Orange Processions
William COLLINS, and nine others, were indicted, for being in procession, &c, at Moneymore, on the 12th of July last. They submitted and Mr. MILLER jun., their Attorney, expressed the contrition of the traversers, who pledged themselves they would never again, so break the law of the land. Mr. SCHOALES said, that where submission to the law, was so expressed, the Crown did not wish to press for a vindictive punishment, but, it certainly could not be argued for them, that they were ignorant of the law.
Rowley MILLER, a Magistrate of the County, offered to give the prisoners very good characters, on oath, if it was required, and said that, as a Magistrate, if at any time, he might require persons to assist him in supporting the authority of the law, in a time of necessity, the traversers were the very men he would select. They had been induced to believe, that if they did not carry arms they were not breaking the law, and from this idea, they had joined in the procession. They were all decent men, had never been charged with any breach of the law before, and he was ready to give any security that they would not do so again.
The Chief Baron said that from the excellent character given of the traversers by Mr. MILLER, he certainly would not pass as severe a sentence as he would have done under different circumstances. He would only order them to be imprisoned for one week.
Richard STARK, and three others, were arraigned, for having joined in a similar procession at Kilrea, on the 12th of July last, and traversed in prox.
William STEWART, John CRAIG, jun. and a number of others, were next arraigned, for having joined in a similar procession in Newtownlimavady, on the 12th of July. Mr. William BOYD stated that his clients wished to traverse in prox.
Mr. SCHOALES would not submit to this; there were at least five of the number, who had submitted to a similar charge at the last Assizes; he, therefore, thought the Court ought to pronounce judgment on them. The others had the right to traverse in prox.
Mr. BOYD – Certainly not; those alluded to, when they submitted last year, were only bound to appear after receiving a month’s notice. They had only so noticed the day before.
Mr. SCHOALES – As the traversers were now arraigned for a second offence, he did not think the notice could be thought of. The Court, in hs opinion, ought to pronounce judgment on them at the present Assizes.
The Chief Baron would do no such thing; he would not even presume the traversers guilty of the offence they were now charged with. If, on being tried for the second offence, they were found guilty, then the Judge, in passing sentence, could take the first offence into consideration. After a few words from Mr. BOYD, they were all ordered to be liberated, on binding themselves in 20l., and two securities in 10l. each, to take their trial at next Assizes.
Edward GORDON, John WHITE, and Alexander M’MULLEN, submitted for a riot at Newtownlimavady. The Crown only required them to enter into their own recognizance, if called on.
Matthew COOPER, for stealing 7 sovereigns, the property of Charles CONNELL, in a lodging-house in this city. Both the prisoner and prosecutor had arrived from America about a fortnight since; they went to lodge for the first night in a house kept by one FLIN; they slept together; when the prosecutor awoke in the morning, he found the prisoner out of bed, with his (prosecutor’s) waistcoat in his hand; when witness got up, he found that the seven sovereigns had been taken out of the waistcoat pocket; prisoner was then gone. He (the prosecutor, who was a very poor looking man) stated that the money taken, was part of a sum of 27 sovereigns which he had saved in America, and that he was coming over for his family. A policeman deposed that he had got a description of the prisoner, and that when he took him into custody in Strabane, he found 3 sovereigns tied in his shirt. Guilty; to be transported for 7 years.
We understand that the Grand Jury ignored the bill of indictment against George KERR and James CORBET, journeymen cabinet-makers, from Belfast, charged with imposing illegal oaths in the formation of a Trades’ Union in Derry.
Fermanagh Assizes
Enniskillen, July 24.
Patrick SMITH, was indicted for stealing a purse and its contents from James RUSSELL. Guilty.
Andrew CRAWFORD, Henry BREEN, Vincent MAGUIRE, and Jane ROE, were then placed at the bar, charged that they, with several others, had conspired to murder James COWAN, at Drumroosk, on the 4th of December, 1832. Not Guilty.
New bills for murder were then made our against the three prisoners, CRAWFORD, BREEN, and MAGUIRE, and sent to the Grand Jury, and, in the course of the day, were returned, true.
Thomas M’DERMOTT, Mary M’DERMOTT, and Rosanna STEVENSON, were indicted for stealing, or having in their possession, knowing to be stolen, a silver watch, seal and keys, the property of Mr. Denis MULHERN, of Enniskillen. Mrs. Mary M’DERMOTT was found guilty, and sentenced to 7 years transportation. The others were acquitted.
William HERRETT was convicted of stealing a horse roller and bridle bit.
James O’BRIEN for a riot at Maguiresbridge, and assault on Wm. ATTWELL and Henry RUSSELL. This was a similar case to those tried at the last Assizes; an alibi was clearly proved for the prisoner. Not Guilty.
Samuel GRAYDON, Robert CORRY, Joseph BREDIN, David PARKS, and Hugh M’CAFFRY, for burglary and felony, committed in the house of James COLLINS, on the 30th of May last. Not Guilty; a verdict which seemed to give unmingled satisfaction to a crowded Court.
On Friday, James M’CUSKER and Francis GALLAGHER, were indicted for a riot at Ederney, and an attack on Folliott BARTON, Esq., High Sheriff, submitted, and were, on the application of Mr. SCHOALES, on behalf of the Crown, allowed to stand out on their own recognizances, to appear for
sentence when called on.
Patrick MAGUIRE, was indicted for a rape on the person of Mary WILSON, on the 20th January last. In this case, it appeared that a compromise had been nearly concluded. His Lordship, with great warmth, expressed his strongest disapprobation of such illegal and criminal tampering with the course of justice; and the Crown officers declared their resolution to prosecute most strictly all persons taking any part in those compromises for the future. MAGUIRE was found guilty, and sentence of death was recorded; but his Lordship said, that, in consequence of a petition sent him by the unfortunate prosecutrix, in the prisoner’s behalf, he should comply with her request, by recommending the Lord Lieutenant to spare the prisoner’s life.
Andrew CRAWFORD, Vincent MAGUIRE, and Henry BREEN, were then put upon their trial for the murder of James COWAN, at Drumroosk, on the 4th December, 1832. The Jury returned a verdict of Not Guilty.
CRAWFORD, BREEN, and MAGUIRE, were ordered to give bail, themselves in 100l. each, and sureties in 50l. each, to appear at next Assizes for a misdemeanour.
James CRUMLEY was convicted of stealing a considerable sum of money from his late master, William CROZIER, Esq. of Enniskillen. The prisoner received a very good character from Mr. CROZIER and Mr. Hugh COLLUM. – To be imprisoned three months.
Christian JOHNSON, alias MORROW, alias BREEN, a very young and interesting female, was indicted for bigamy. The prisoner was acquitted.
Charles BOYLE, for stealing two scythes, and one scythe-stone, from the shop of Mr. HALLIDAY. – Guilty. To be imprisoned three months, and kept to hard labour.
Anne STERLING, for receiving a cloak knowing same to be stolen, the property of Mr. Bryan M’HUGH – Not Guilty.
(Co. Down Assizes)
Calendar of Prisoners Left in Custody of the Earl of Hillsborough, Sherif of the County of Down, at the Recent Assizes – Fourteen to remain in custody, under former rules;
James MURPHY, for the murder of Archibald M’GRAN; to be hanged on Monday, the 4th inst., (Monday last.) and his body buried within the precincts of the prison.
Ellen MAGINNIS and Joseph WALKER, for larceny; to be transported for seven years.
Charles M’GORIAN, a vagrant; to give security for good behaviour, or to be transported at the end of three months.
James FOWLER for a malicious assault on an infant, and Hugh CURRAN for a criminal assault; to be imprisoned, each, for two years – the former at hard labour.
Rose PARKS, Thomas BUTLER, and William MULLEN, for larceny; to be imprisoned for 12 months, at hard labour.
Jane MALLON, for concealing the birth of her child; to be imprisoned a similar period, without hard labour.
Francis SLOAN and Thomas THOMPSON, for larceny; to be imprisoned 6 months, at hard labour.
Rose BURNS, and John ROBINSON, for do.; to be imprisoned three months at hard labour.
William BEGGS, and James BEGGS for riot and assault; to be imprisoned one fortnight, and fined each 20s.
Henry LEGGET, and seven other persons, for walking in procession at Moira, on 12th July; to be imprisoned each one fortnight, and pay a fine of 40s.
Isaac HULL, and twenty-seven other persons, for walking in procession on same day; to pay a fine of 20s each.
Richard HAMILTON and twenty-three others, for a similar offence; to pay a fine of 10s each.
John CORD, and twenty-two others, for a similar offence; to pay a fine of 5s.
Hugh CAROLAN, and two others for walking in procession on St. Patrick’s Day; to pay a fine of 6d each.
In the Insolvent Debtor’s Court, on Monday, sen., a Mrs. Emily PHIPPS was sentenced to eight months’ imprisonment, for fraudulently contracting debts, by declaring herself to be a widow, whereas she has a husband living. She is not legally liable for payment of the debts.
Execution of James MURPHY
The execution of James MURPHY, for the murder of Archibald M’GRAN, took place, agreeably to the sentence of the law, on Monday, the 4th August, inst., in front of the new Jail, at Downpatrick. The hour appointed for the execution was eleven o’clock, at which time a large military and Police force were drawn up in front of the Jail, commanded by their respective officers.
At ten minutes past eleven, the unfortunate young man appeared, attended by the Rev. Messrs. DENVIR, M’MULLAN, CUROE, M’CARTAN, and DORIAN. He exhibited the greatest dread, on approaching the scaffold, and became so infirm, as to require the assistance of two of the clergymen, each of them taking an arm; by this means, he was led onto the platform; and, after Mr. DENVIR had delivered a short prayer, he shook hands, on leaving him, but, so tenacious was he of life, that he held a death-grip of Mr. DENVIR’s hand, and would not be persuaded to let him go, but, in a crying tone, said, “Don’t leave me.” “don’t leave me,” “don’t leave me,” and actually followed him off the scaffold. After a lapse of ten minutes, he was again brought up and from appearance, evidently weaker than before; he had to be assisted by several officers of the prison, and even supported, while on the scaffold; the usual ceremony being gone through, he again made his escape, saying, “I must see my father.” “I can’t think of dying without seeing him.” “I want a drink.” “I wish to see Mr. DENVIR.” The scene was now truly heart-rending, – a thrill of horror seemed to pervade the minds of all present, – never did man show such unwillingness to leave this earthly tabernacle!
At the expiration of about half-an-hour, he was again brought up, or rather carried up, for the third time, and laid on the scaffold, in a sitting posture; he then listened, attentively, to the prayers of his Church, and repeated, in an audible tone, after the clergyman, “Lord have mercy on me, Christ have mercy on me,” after which he was immediately launched into eternity. Though the fall was great, (being at least eighteen feet,) he struggled, for some time, and seemed strongly convulsed, for at least two minutes.
The body was afterwards interred within the precincts of the Jail; a late Act of Parliament having substituted this mode of disposing of the bodies of persons executed for murder, instead of sending them to the County Infirmary for dissection. From the period the unhappy man received his sentence, he became quite penitent, but never was once known to admit having committed the crime for which he was to die. On the scaffold, he neither confessed his guilt nor protested his innocence; however, a short time previous to the hour of his execution, and while the clergy and some of the officers of the prison were joining him in prayer, he requested all to retire, except the two clergymen who attended him from the commencement, and what he said or confessed to them remains untold. The unfortunate youth did not appear to be more than twenty years of age. Though the execution took place an hour earlier than was generally expected, a large concourse of people were present, a great many of whom were well-dressed females, who made themselves very conspicuous by going to witness so tragical a scene.
The following observations were entered in the journal of the Jail, by the Rev. Cornelius DENVIR, Roman Catholic Chaplain of the Jail: – “Attended the execution of James MURPHY, assisted, on the awful occasion, by the Rev. Messrs. M’CARTAN, DARRIAN, M’MULLAN, and CUROE; also, attended the interment of James MURPHY, assisted by the Reverend Gentlemen above-mentioned, together with the Rev. Mr. MALLON. I cannot finish this memorandum, without recording the sentiments of gratitude, which I feel for the kind attention manifested by Mr. CALDBECK, (Sub-Sheriff,) the Governor, and Deputy-Governor, and every functionary of Down Jail. In this expression of feeling, I am joined cordially by the Reverend Gentlemen already named.
Married
At Belfast, on the 30th ultimo, by the Rev. James Morgan, Captain Richard SEXTON, London, to Eliza, daughter of Mr. William BROWN, Hanover-quay, Belfast.
On Tuesday last, by the Rev. G. Bellis, Mr. Samuel DUFFIELD, to Ann, daughter of Mr. Thomas STORMONT, of Ballygomartin.
On Monday morning, by the Right Rev. Dr. Crolly, Joseph Stevenson MULHOLLAND, Esq., Surgeon, to Maria, second daughter of Mr. Bernard COLEMAN, both of this town.
On the 30th ult., by the Rev. Mr. Brown, of Moy, Mr. John MAY, of Portadown, Grocer, to Sarah, second daughter of Mr. David ALDERDICE, of Charlemont.
By the Rev. J. Steele, Stranorlar, on the 24th ult., Mr. John ELLICE, of Drumholm, to Miss PERRY, of Carrickmagra.
On Tuesday morning, by the Rev. Mr. Potter, Islandmagee, Mr. Thomas GOUDIE, of Girvan Mains, Ayrshire, to Agnes, eldest daughter of Mr. Robert HILL, Woodburn Cottage, near Carrickfergus.
At Castledawson, on the 28th ultimo, by the Rev. Solomon Brown, Mr. David JOHNSON, Revenue Officer, to Miss MELLING, of Castledawson.
On the 2d inst., by the Rev. Moses Black, of Kilmore, Mr. Alexander M’CLEMENTS, of Drumaghlis, to Miss Eliza BEATTY, of Glassdrummond.
On the 5th inst., by the Rev. Moses Black, of Kilmore, Mr. William GALLOWY, of Drumaghlis, to Miss Eliza M’CULLOGH, of Listooder.
Births
At Laurel Hill, Castleblaney, on the 15th ult., the Lady of John HENRY, Esq., of a daughter.
On the 26th ult., the Lady of John TOWNLEY, Esq., of Roden-place, Dundalk, of a son.
Died
In Belfast, on the 28th ult., of paralysis, aged 53 years, Sarah, relict of the late John HADDOCK, Esq., of Armagh.
On Wednesday, sen., at the house of his mother, Academy-street, of consumption, Mr. Henry BARR, in his 26th year.
On the 17th ultimo, at Island Bridge Mills, Dublin, Mr. John LAMONT; much regretted, and highly esteemed by all who knew him.
Of inflammation, on the 29th ultimo, in the 46th year of her age, Mary, wife of Mr. Robert GELSTON, White Church, near Ballywalter, County Down.
On the 12th ultimo, Mr. Andrew KENERD, of Killeycowan, near Ballymena, aged 77 years; much regretted by all who were acquainted with him.
In Londonderry, on the 26th ult., at the residence of Messrs. Maxwell, aged 47 years, John HOLMES of Philadelphia, Esq., son of Mr. John HOLMES, of Buncrana. A native of Ireland, he settled at Philadelphia, above 30 years ago, and since became one of its most respected citizens. He was distinguished for strict integrity, and an ardent love of his native country, where he died three days after his arrival.
On the 24th ult., at his residence, in Derry, Leonard HORNER, Esq., aged 88 years.
At Bangor, on the 1st inst., aged 3 years and 2 months, John Dawson, younger son of the Rev. J. D. HULL.
On the 29th ultimo, aged 74 years, Captain G. B. GILLMER, of the Hon. East India Company’s Service, in consequence of injury sustained by the bursting of the boiler in the Steam Carriage between Glasgow and Paisley.