Transcribed by Jane from the Newry Telegraph Tuesday, July 22, 1834.
County of Monaghan Assizes.
[From our special reporter.]
Tuesday, July 15.
Pat. M’CARRON, Pat. M’MAHON, and James M’KENNA, were arraigned for the wilful murder of John CARGILL, on 19th July, 1833, at Teedavenot, in this County.
The prisoners were given in charge to the following Jury: – Samuel JEMISON, John BURGESS, William GILLIS, Wm. TAYLOR, J. BRADSHAW, John BRADSHAW, Thomas HOY, Chas. KERR, Robert WILLIAMSON, Wm. COX, James MORRISON, and Alexander LEATHERS.
After a few introductory observations from Sir Thomas STAPLES, Mary CARGILL was called, and examined by Mr. GILMORE, K.C. – Was wife to the late John CARGILL; he died on 2d Aug., this July twelvemonth; lived then in Cappagh; recollects deceased going from home, on 19th July last, to Drumcoo; had land there; went there to mow on this morning; witness went to him with his breakfast between 8 and 9 o’clock; remained with him until he had done his breakfast, and commenced his work again; witness then went to Owen WOODS’, in consequence of a message she received; there are several of this name in that neighbourhood; it was Owen WOODS’ house she went to; it was about a quarter of a mile from WOODS’ to where her husband was; witness remained in WOODS’ house about a quarter of an hour, when she heard a shot, and then ran out; could see where her husband was working; went to a place which was nine perches from him, and saw five men beating him, and he lying down; pointed out the place where she stood, and the place where her husband was beat, to the Policemen; Mr SKELTON and Mr. M’DONAGH, Chief of Police, were shown it; saw the men distinctly that were beating her husband – (witness here identified the three prisoners, as being three of the five she saw) – on seeing them beat her husband, ran to Drumdark bog for help; there was a number of persons working in that bog; called, and ran as hard as she could for help; with great flattery a few came a piece with her; did not go on to her husband at this time; on coming up to WOODS’ again from the bog heard a noise, and the men insisted on her running back, as they said she would be killed, as well as her husband, if she did not; on hearing the men coming forward, she threw off her bonnet, and pushed herself into a hedge; the men were coming along a bye-lane; there was a crook in the land; she pushed herself through the hedge before the men got round the crook; when the men came into the lane they were shouting for CARGILL’s wife; they passed near her; witness was quite close to the hedge; had an opportunity of seeing them distinctly; was some yards from them; saw on that occasion the three persons she has already identified; saw the same persons this time twelvemonth and also on the evening before her husband was beat; two of the prisoners had pistols when passing through the lane; saw them the evening before on the road below her husband’s land; it was on a new road, that went through the land, and leads to Anketell’s Grove, or Glasslough; saw two of them at nearly 7 o’clock, and three of them at 7; saw two first, and then three – five in all; one of the prisoners was of the first party and two in the second; M’KENNA was of the first party – M’CARRON and M’MAHON with the second; J. SKELTON and Robert JACKSON were with her on the road when she saw the last three; the two came along the new road, as if coming from Anketell’s Grove; it was not long until the three others came; they were coming from the new house her husband was building; she saw the two men pass her husband, who was shearing grass in the field; the second party stopped a little, and then went on; saw nothing with them on this evening; either SKELTON or JACKSON was asked what o’clock it was, and they said it was seven, or within seven minutes of it, she does not know which; could not particularise what dress they had on; one of them had an umbrella under his arm; is sure that the three prisoners were of the party; they were three of the five that she saw beat her husband this time 12 months. Was at the place where her husband was building the new house in July, 1832; her husband was then at Drumdark bog; five men came on this occasion, searched the garden, yard and fir-trees, for her husband; the three prisoners at the bar were also of this party; when witness got up to the house, one of them presented a pistol at her, and said he would blow it through her if she did not go back; witness ran to the bog to tell her husband; it was the prisoner M’MAHON that presented the pistol; they followed her to the bog, caught hold of her, and one of them told her, if she shouted or ran, he (M’MAHON) would blow it through her; they asked where her husband was, and she said she did not know; they said they would soon know, and then let her go; she ran to her cousin in Teedavenot for assistance, and he and his boy came with her; on prisoners hearing them coming up, they ran off, but had beat him; said she did not know where her husband was when they asked her; they said they would soon know, and she said it was a hard thing that they would not let her husband alone, as neither of them gave any offence; they said they had no right to take any one’s land; when she came back from Teedavenot she saw her husband, who was beat, and had got a stab in the back; it was about a mile from the bog to Teedavenot; Wm. SKELTON is the name of her husband’s cousin – ARMSTRONG is the name of his servant; her husband had the land going on two years; Dr. TEMPLE attended her husband during his illness; saw prisoners in Gaol after her husband was beaten; but can’t say how long it was after; saw them in Gaol, mixed with other persons, and identified them.
Cross-examined by Mr. HOLMES. – Her husband died 2d of August; the beating took place on 19th of July; lived then at Cappagh, about two miles from Drumcoo; it was standing on the street, before WOODS’ door, that she saw them beat her husband; did not stop long till she ran to the bog; saw five men; knew them well from where she stood; some of their backs were turned towards her; knew those whose backs were turned to her; it was just nine perches from where she was standing, before WOODS’, to the place where her husband was beat; was examined last Assizes; did not swear it was twenty perches; would not say that it might not be twenty; saw M’COY and WOODS; none of them came with
her to the meadow; when she went to the meadow, two at last came after her; her husband was able to speak when he was raised up; will not swear that she did not ask him in the meadow who beat him, and that her husband replied he did not know who beat him; was examined at the Coroner’s inquest the day after he died; was sworn; swore then she did not know them, but would know them if she saw them; it was on her return from the bog that she went into the hedge; it was beyond Tom WOODS’ in the lane; took off her bonnet before she went into the hedge, and threw it over into a low part of the field; it was a middling high thorn hedge; saw five men; would know the other two if she saw them; stopped behind the hedge until they passed, and immediately after went to her husband; witness lifted him herself; witness assisted him to the first house to get him washed, but there was no person in it; brought him to Teedavenot (a mile) to his cousin’s, on the road to Cappagh, where they lived; it was July, 1832, the previous beating took place; never saw prisoners before this beating; the evening before the last beating, in July, 1833, SKELTON and JACKSON were on the road; saw them both to-day; her husband saw the prisoners that evening; her husband was with her on the road; he saw prisoners and the other two men on the road; supposed her husband spoke to them; it was at seven o’clock, on a July evening, they were on the road.
By a Juror. – Did not know their names before July, 1832.
By Mr. GILMORE. – The measurement of the distance, from WOODS’ to the meadow, was made since last Assizes.
By a Juror. – When she saw the prisoners in Gaol, knew them to be the persons that beat her husband.
Mrs. CARGILL was here allowed to leave the table, but immediately recalled, and cautioned by the Court to remain out of hearing, and not converse with the witnesses.
James SKELTON, examined by Mr. MOODY. – Knew the late John CARGILL; saw him on the 18th July last; he was in a bog, cutting turf; saw him go to the bog in the morning; was on the road with him about seven o’clock in the evening; between three and four o’clock saw persons pass on the road; CARGILL and wife were not in sight then; two persons passed witness first; prisoner M’KENNA was one of them that passed; they asked about a stray cow; one of them had something under his coat, and an oak stick in his hand, dragging it after him; saw them again about seven o’clock; witness was down the road with CARGILL and his wife; CARGILL had been at home with potatoes when he came down to the road; three men came in direction of CARGILL’s, and asked the road to Augher or Clogher; Robert JACKSON and Peter CORR were on the road with witness; on the second occasion saw three persons, and two the first; prisoners were of the party; knew them when he saw them again; they remained about three minutes on the road; deceased stopped a short time with them; witness and Mrs. CARGILL went on a piece, when they called deceased to them, and he came; the three men then went off on the new road that leads to Edenmore and Aughnacloy.
Cross-examined by Mr. CURRY. – CARGILL the deceased was talking about three minutes to these men; it was a man that is not in custody that asked the road to Clogher; witness lives in Teedavenot; there is a Police station there now; was none then; deceased crossed the country to look for a mower; witness’s father was a friend of CARGILL’s.
Robert JACKSON, examined by Mr. TOMB. – Knows the farm that belonged to deceased at Crumcoo; was working on the road on 18th July last, the day previous to the beating; James SKELTON was with him; saw men pass on this evening; CARGILL was cutting grass in the “bottom,” preparing to come home; there were five persons on the road; they were not all together; saw M’CARRON, the prisoner, come first up; two more were with him – HALLIGAN, who is not here, and M’MAHON; witness identifies M’MAHON and M’CARRON; the first man had an umbrella under his arm, rolled up; one of them asked about a stray cow, and passed on; did not speak to anyone in particular; they went in the direction of Emyvale; about two or three minutes after two others followed; M’KENNA was one of those two, and CALLAGHAN the other; knew M’KENNA before; M’KENNA had an oak stick, and like a farrel on the end of it; had hold of his coat by the breast; deceased saw these men pass; he was on the road at the time.
Cross-examined by Mr. BRADY. – First saw three men come up and two shortly after; CARGILL and his wife were on the road; it was about 7 o’clock when he saw the first three come up; was at Monaghan at last Assizes; was at home at his work since; heard of a reward before last Assizes; did not hear the amount; heard it was posted; gave himself “no heed” about the reward; was summoned by the Crown at last Assizes; was not examined in Court; he was then afraid to tell the truth, for fear of being “smashed”; was brought to Gaol; never assigned the reason there for not swearing; must not be afraid to tell the truth, now when he has to do it; Captain HAMILTON and Capt. M’DONAGH brought him to Gaol; was not paid for attending at last Assizes.
Mr. BRADY – did you say you were not examined at last Assizes because you would have sworn that two of the prisoners were not there, and that you were not so well acquainted with the other as to know him?
Witness – I never told any person so, nor could swear such a thing. Was with Mr. REILLY, the Attorney; complained to him that he was not paid at last Assizes, and wanted to know how he could recover it; never told him that he did not know them; saw Mr. HAMILTON in Gaol; did say to him he did not know them; he was afraid of being murdered and smashed; said M’CARRON and M’MAHON were not there; did not say, if he would be sworn to tell the truth, that he could not swear against prisoners; has been at home since last Assizes; is a labourer, and lives beside Teedavenot; will now go home, and live with his father at Teedavenot.
By Mr. TOOMB. – When witness was with Mr. HAMILTON, in Gaol, at last Assizes, he was not sworn on his oath.
By the Court. – There first came three persons up, and then two; it was about four minutes’ distance between first and second party.
By a Juror. – It was the evening before the murder he saw these men, on 18th July, 1833.
Samuel M’COY, examined by Sir Thomas STAPLES. – Knew John CARGILL; remembers twelve months ago was a year; heard of deceased’s death as soon as he died; about a year before his death saw men beating him on Drumdark road; it was in the month of July, in the evening; he was a bog-bailiff under Mr. MITCHELL; saw him beat by five or six persons; knew the prisoner Patrick M’CARRON as one of them that beat him then; they said if he wouldn’t leave the land, he would be killed when they would come back again; did not see any arms with them; saw a pitch-fork and staves; witness lives convenient to Drumdark bog.
Cross-examined by Mr. HOLMES. – Did not know CARGILL personally, but knew him when he saw him again; never saw any of these men before this to know them; had known M’CARRON before; never told CARGILL about M’CARRON after he was beat; there was no “uproar” made about it then; there was no reward then; heard of a reward since last Assizes for last beating; it was up on a paper; cannot read; heard persons read it; knew M’CARRON for a good many years; he lived in same townland with witness; he lived in it for some time after this transaction, and went to Killough, about two miles from where witness lives; saw CARGILL after he got the beating; had no curiosity to ask him.
By Sir Thos. STAPLES. – The reason witness did not give informations on this occasion was because CARGILL thought it would be all over, and not occur again.
Mr. William SKELTON, examined by Mr. GILMORE. – Knew the late John CARGILL; was a relation of witness’s; saw him during his last illness; conversed with him different times after he received the beating, until he died; on one occasion he was aware of his death; witness pointed out to him that he had but a short time to live in this world; witness and others were about leaving him, when a Mrs. HUGHES asked witness to pray, which he did; on rising from his knees, some person said, perhaps the dying man, John CARGILL, would have something to say to witness; accordingly, he went forward to the bedside, and desired the people to withdraw, which they did; witness went forward, and asked deceased if he knew any of the persons that beat him; pointed out to him, previous to this, to be busy with his Maker, and to look to Jesus Christ, for his time in this world was very short; deceased said he knew this; witness desired him to speak as plainly as he was able; he said he did not know the men that beat him, but those that beat him the first time were the same that beat him last; and if he (witness) could find them out, he wished him to prosecute them. Witness was one of the persons that came to the deceased’s release on the first time he was beat; found two men holding him up; he was bleeding, and cut, desperately in the head; had received a stab in the back; witness was present at the measurement of the land, from the place where Mrs. CARGILL stood to where her husband was murdered; witness held the chain at one end, Mr. ROLAND at the other; Sergeant ROBINSON was present; could see a person distinctly from one point to the other; it was 9 perches distant; saw clearly the soles of the man’s shoes that stood at the extremity of the chain; witness examined the ground after the deceased was beat, and observed stones with blood and human hair on them at the place where he was murdered. His cross-examination was immaterial.
William TEMPLE, M.D., examined by Mr. MOODY. – Was called on to attend deceased, CARGILL, on 19th July, 1833; he had received several cuts on his head; his face was swollen; he was wounded on the breast, and his shins blackened, as if from kicks; he lived until the 2d of August following; he died of inflammation of the scalp and face, proceeding from these wounds.
Francis M’DONAGH, Esq., C.C. – Went to apprehend prisoners on morning of 15th January; had about 35 Police under his command in disguise; divided his party into five divisions; went first to M’CARRON’s house; surrounded M’CARRON’s house; placed his men on the roof, at the door and windows; demanded admittance several times, but received no reply; was obliged to break open the door; witness rushed into the house, and the prisoner M’CARRON was standing on the floor in his shirt; got the inside room searched, and M’KENNA was brought to him; M’KENNA did not live in this house; proceeded to the house of M’MAHON, and arrested him; asked him his name, and he would not tell; he said it was no matter what his name was.
Edward RICHARDSON, a Policeman, was of the party that went to M’CARRON’s house; was placed in the rear of the house; saw the thatch raised up on the roof; kept it down with his carbine.
John JONES, Policeman, proved that the prisoner M’KENNA was got under a bed in M’CARRON’s house.
Daere HAMILTON, Esq., a Magistrate of this County, was with Mrs. CARGILL when she was brought to the Gaol; witness mixed five or six persons in the Gaol with the prisoners, and showed them to Mrs. CARGILL, who identified the three prisoners at the bar.
Catharine WOODS, examined by Mr. HOLMES. – Remembers the day in July, last year, that CARGILL was beat in the meadow; Mrs. CARGILL, his widow, came up to her house between 10 and 11 o’clock; heard a shot of a gun or pistol, does not know which; Mrs. CARGILL supposed it was her “dear man” that was a beating , and she ran out, and witness went with her; went on to the street opposite her father-in- law’s door; he lives under the same roof with witness; could see the meadow from where they stood; witness saw three men in the meadow with “contrements,” breaking something; thinks it was some articles belonging to the breakfast that they were breaking; it might be the scythe, or some articles that they had been taking kitchen out of to themselves; saw three men engaged at this, and two running after a jennet on the opposite side of the road; saw five in all; Mrs. CARGILL went up to Thomas WOODS’s in direction of the bog; three of the men came to witness’s house after; one came in and the others stood at the door; witness was in the house before they came up; they said they came in pursuit of Mrs. CARGILL to abuse her; wanted witness to tell where she went, but did not do so; one of the men had a pistol, and the rest had stones; the three prisoners at the bar were none of the men that came to her house; never saw them that day; never saw them since or before it; never saw such “indifferent tyrants” as the men were that came to her house on that day.
Cross-examined. – Saw Mrs. CARGILL take off her bonnet, and leave it in a garden in the lane going to the bog; Brian WOODS held the land that CARGILL got; he was uncle to witness’s husband.
By a Juror. – Knows the prisoners at the bar; they are neighbours; there were neither of them there on this day at all; they are no ways related to witness; the men she saw were strangers.
William WOODS deposed that he and James M’COY heard men shouting for CARGILL’s wife; saw five men, some of whom were armed, running from the meadow; witness and M’COY, after the men got away, went down to the meadow, lifted up the deceased, who was insensible, and much abused.
On his cross-examination, the witness said he did not attempt to stop the men, who, he said, were strangers, and “mighty dangerous-looking men.”
Several other witnesses were examined, all deposing that they knew the prisoners at the bar, and that the men who had beaten CARGILL were strangers; they admitted that, though upwards of 40 persons came from the bog, no one attempted to arrest them, or had the courage to approach the meadow! –
An alibi, for all the prisoners, was supported by John M’KENNA, sen. and jun.; also by the former testimony of Hugh M’KENNA, since dead ( which testimony, as entered on the Learned Judge’s notes, was admitted after a good deal of discussion), and by the evidence also of George M’KENNA. Patrick JOHNSTON, Bernard TRAINOR, Terence M’KENNA, Peter TRAINOR, deposed to being at Drumdark bog this time two years, and seeing the deceased beaten; but affirmed that none of the prisoners were at the beating of CARGILL on that occasion.
Mr. J. FLEMING, a Surveyor. – Catharine WOODS, James M’COY and W. WOODS, showed him where the man was beaten and where Mrs. CARGILL stood, and, according to his measurement, the distance was 26 1/2 perches. On this witness’s cross-examination, he admitted that he could see a man’s features distinctly from one point to the other; he knew the man perfectly at the end of the chain.
The Reverend Charles M’DERMOTT, Rev. Charles M’MAHON, Michael M’QUAID, Thomas and Arthur BROWNE, gave the prisoners a good character.
His Lordship, in charging the Jury, said the only thing they had, from the evidence, to decide on, was as to identity. He alluded strongly in support of the evidence for the prosecution; and, in reference to that in defence, he pointed out a discrepancy existing between M’KENNA and his son, in proof of the attempted alibi, the latter swearing positively to the 12th July being the day on which CARGILL was beaten. – His Lordship, after minutely reading over the testimony, and commenting as he proceeded, summed up by directing the Jury, should they entertain a doubt, to give the evidence of good character its due weight.
The Jury retired (it being then near 11 o’clock), and were, by consent of Counsel for the Crown, discharged the following evening about five o’clock, without having been able to agree to a verdict. [This is the second time this case has been tried.
We have been informed (we will not say how truly) that one Juror only – and he, it is remarkable, differing in religious tenets from the other eleven – interposed, on each occasion, an obstacle in coming to an otherwise unanimous verdict.]
Application was made to admit the prisoners to bail; this, however, was, for obvious good reasons, refused – and the prisoners were remanded back into confinement.
Wednesday, July 16.
Murder of a Police Constable.
The Court sat this day a little after 10 o’clock; when John GOODMAN, Francis FINNEGAN, Charles M’KENNA, Bryan CUNNINNGHAM and James HAMILL, were arraigned for the wilful murder of Richard DAWSON, Sub-Constable of Police, on 27th Nov., 1832
The prisoners’ Agents objecting to join issue, as respected challenges, Bryan CUNNINGHAM was first put forward.
The Jury panel being called, 20 persons were set aside on the part of the prisoner, and 7 on the part of the Crown. The following Jury was eventually sworn: – Messrs. Robert JEMMISON (Foreman), John CARSON, John JOHNSTON, Hamilton MOOREHEAD, John BELL, Hugh BRADSHAW, Hugh WILEY, Alexander ARMSTRONG, John M’CHESNEY, George M’COMYN, Andw. PATTISON and John WALLACE. Sir Thomas STAPLES addressed the Court and Jury at considerable length. The following witnesses were then examined:
John CRAWLEY, Chief Constable. – Commanded a party on 27th Nov., 1832, when Richard DAWSON was killed; saw the people assembling on the hills; a flag was hoisted, and a shot fired, where the crowd appeared greatest; witness ordered his party to retreat, when the crowd made a short cut across the fields, where the road takes a circuit; several persons came up to the road at that point and fired at witness and his party; witness endeavoured to retreat, but the crowd closing, he dispatched R. DAWSON for assistance, from the hill where he and his party had taken up his position; never again saw DAWSON alive; saw his body at the inquest, greatly disfigured, his clothes torn and rent, the scales of his uniform battered and broken, as also his spurs – his sword and pistols missing.
Cross-examined. – During DAWSON’s absence, shots were fired by witness’s party at the crowd for about an hour; several, he believed, were wounded, and some killed, in consequence.
James BOYLAND (an approver.) – Remembers the day of DAWSON’s death in November, 1832; saw him first at the mail coach road leading to Castleblayney, in uniform, on horseback; he went about a mile on the road, then returned, and took a bridle road to Carrickmacross; DAWSON was met by a crowd on the first road; after he went off the high road, witness saw him go into the house of James CUNNINGHAM, which is about 40 perches on the bridle road, the crowd being too great on the other; he at first passed this house about 40 perches, but being headed by the crowd, he alighted, and returned to the house, accompanied by CUNNINGHAM; the horse was put into the stable; as soon as DAWSON and CUNNINGHAM entered the house, the door was closed, there being a great crowd at the house; identifies prisoner as one of them; saw him enter the stable by the window, and come out the same way with a pistol in his breast; a person asked prisoner if he had got the pistol, and he said he had; his comrade desired him to hold his tongue, and not say anything; heard persons in prisoner’s presence say “who will take on him to shoot DAWSON?” the person who asked this is not here; they endeavoured to force the door, when CUNNINGHAM said DAWSON had got out through the back window, and was off to Carrickmacross, but the crowd did not believe it; they forced the door, and searched the house, but without effect; the crowd then agreed to retreat, and wait in ambush until DAWSON should come out, as he must come out and take some of the roads; DAWSON shortly after came out and mounted his horse, and faced towards Castleblayney; the crowd were waiting in a hollow until he came up; on going into the crowd, DAWSON’s horse got a blow of a stone, and fell, but he recovered, and rode on about 10 perches, when two shots fired, and, after going about two or three yards, both man and horse fell; the crowd then fell on him with sticks, stones and grapes, and he never rose; he died in about an hour; saw prisoner there, but did not see him strike; there were between 30 and 35 striking deceased; his sword was taken from him when he was smashed, lying on his face and nose; prisoner took the scabbard; an absent man put his foot on the small of DAWSON’s back, and broke the sword belt; the crowd continued striking until they saw Father Ross P.P., coming; means Ross M’MAHON; he and witness helped to carry DAWSON into Widow KELLY’s house,adjoining the coach road, near to which he was killed; prisoner went to the top of the hill of Derryisland; he had the scabbard under his coat.
Cross-examined. – All happened in Spring, 1832; first gave information of this on 10th November last; gave it when he thought proper; never heard of a reward; was in the country until 10th April, 1833, when he (witness) was taken prisoner on this charge himself; it was in April, 1832, the murder took place; never until now heard of a reward of £500, or of any other sum; gave this information to save himself from transportation; had no reason to dread transportation; was on board the hulk, having been sentenced for MACKLIN’s business; was on board about two months; was brought on shore, and lodged in gaol; watched everything the prisoner did; witness was not of the party that attacked DAWSON; was about his business; DAWSON was killed about four o’clock; witness looked on the transaction for two hours; DAWSON was near James CUNNINGHAM’s house; had passed it about 40 perches; witness stood still until he saw him alight; witness then went up to the crowd; it was not witness that informed them of DAWSON having gone into the house; witness was standing at a turf stack at the gable of the house; saw prisoner go into the stable, and another follow him, and both came out with pistols; prisoner had one, the second the other; was here at Summer Assizes last; was then tried for MACKLIN’s business, and sentenced to 7 years’ transportation; prisoner was in custody at that Assizes; never heard that prisoner was discharged; observed all that passed at James CUNNINGHAM’s house; the horse of DAWSON was black; was about four perches from him when the first stone was thrown; walked up; prisoner was there; did not see prisoner do anything; he was at the ditch over the crowd; CUNNINGHAM’s house was about 200 perches from where DAWSON was beat; saw prisoner’s crowd go back and forward on the hills; does not know whether or not he will go back to the hulk; cannot read or write; witness was not guilty of the crime he was convicted of; was so standing at the turf stack that he could plainly see prisoner enter the window of the stable; James CUNNINGHAM is a horse-jockey, and his brother also.
By the Court. – Was tried Summer, 1833; was in custody from April before; it was two months or more from time DAWSON was killed; the day was fine, and cold, and short; the year begins in May; DAWSON was killed after Hollentide; cannot say whether it was before or after Christmas.
James WHITE. – Remembers the day DAWSON was killed; was on the great bog-hill that day; towards evening heard a shot; heard DAWSON was killed; stood on the hill; saw people going in all directions; knows where Bloomfield is; saw persons coming in that direction; prisoner was with them; asked if there was any news; he said a Policeman was killed, and that he saw him killed at Roger FARREL’s; there were two others with him; prisoner had not anything in his hand; witness then left the hill.
Cross-examined. – There was a vast crowd of persons driving their cattle here and there; great confusion; the hill was a good distance from the spot where DAWSON was killed.
Jos. WHITE. – Recollects the day DAWSON was killed; was about 20 perches from the road; saw nothing done to him, but heard shouting to kill DAWSON; heard in the morning there would be a battle; went out to see, but not to take any part; saw prisoner coming up the hill, when he was asked was there any news; prisoner replied that DAWSON was killed, which they could hardly believe; came with others; some of the party put up their hands, and thanked God it was so! – heard shots fired about the time DAWSON was coming back.
Cross-examined. – Does not know whether these were shots fired by the Police or not; the people were coming from every direction towards DAWSON to kill him; prisoner said he saw DAWSON lying dead on being asked by those on the hill what news.
Michael WARD. – Remembers the day DAWSON was killed; saw him about six perches from CUNNINGHAM’s house; saw him alight there and enter CUNNINGHAM’s house; led DAWSON’s horse towards the stable; when at the stable door, someone took him from witness and brought the horse into the stable; saw about 16 or 17 at the gate after leaving CUNNINGHAM’s house; someone in the crowd said witness should be kicked for meddling with what did not belong to him, on which witness went home.
Cross- examined. – Saw the country people all up; never saw so many collected together before; does not know what they were collected for.
Wm. HENRY, Esq. – Recollects the day DAWSON was killed; was standing at his own gate at Bloomfield; the first thing he saw was the military passing his gate about 8 o’clock in the morning; saw DAWSON about one on same day riding towards Castleblayney from Carrickmacross; saw him then riding towards Castleblayney, and afterwards return in about an hour and a half, passing witness in company with another, he supposes a servant, mounted; saw a crowd of persons following DAWSON in the direction from Dundalk; he was let pass on for about half a quarter of a mile, when he saw him gallop at full speed; saw him knocked off his horse about an hour after; went to Widow KELLY’s with some wine on hearing of DAWSON being assassinated; heard a shot fired; immediately after saw DAWSON’s horse gallop down the road without a rider, when he ran to the front of his house; heard a second shot; his brother and cousin went forward, and saw a great quantity of blood on the road; saw a number of women at KELLY’s, but only one man, named WALSH; saw DAWSON on some straw, working with his hands and feet; his jacket was open, and many wounds appeared – one on his forehead, another on his head, and one under the eye; saw his coat torn, one of his shoulder-plates off, and the other torn; saw no arms whatever with DAWSON; saw his cap in a bog-hole, had it lifted, and saw a cut like that of a sword on it.
Alex. MITCHELL. – Remembers the day DAWSON was killed; saw him the morning after, about ten o’clock, in Widow KELLY’s house; knows James CUNNINGHAM’s house; particularly observed the window of the stable; it is fully large enough to admit a man through.
Cross-examined. – The stable is not under the roof with the dwelling-house.
Thomas GARTLAND, M.D. – Was called on to view DAWSON’s body the day after his death; one wound on the head caused his death; he had five altogether.
Thomas SLOAN, P.C. – Was of the party who arrested prisoner on 20th June last in his own house; could hear something like the breaking of a lock with a stone, and whispering inside; he fixed himself at the door; then saw a light struck up; then a man came to the door; was going out, when witness turned him back, which he was obliged to do by force; prisoner went to a window, and called out ‘whurrick’, as loud as he could call; witness told him if he did not be silent he would shoot him, when prisoner said he might as well die that death as any other; witness asked him was he afraid of being hanged, when, in reply, prisoner said it looks d–d like it now; the officer and party came up, when he was made a prisoner of by his party; brought him to Castleblayney.
Cross-examined. – It is a natural place for a man to be in his own house.
Samuel KACK, C.C.P. – SLOAN was under his command; went to arrest Pat. and B. CUNNINGHAM; arrested Bryan in his own house on Friday night, 21st June.
John WILSON. – Remembers the day of DAWSON’s death; was on his own hill; was in P. M’ENEANY’s house; there were there the prisoner and others; don’t know the time, but it was before he heard DAWSON was beaten; when he left M’ENEANY’s house, he left the prisoner after him.
Cross-examined. – Saw prisoner about 1 or 2 o’clock at M’ENEANY’s; cannot say how far it is from where DAWSON was killed.
Francis WOODS. – Remembers the day deceased was killed; knows M’ENEANY; was in his house about 11 o’clock; was there about an hour and a half; John WILSON, Judy M’ENEANY, and others, were there; prisoner went with witness up the hills, where they remained till dark night; on putting on his spectacles, he saw a beast turning down the road without a rider; the prisoner was with him all the time, together with James and Joseph WHITE, and their father; they heard that a Policeman was killed; the prisoner (CUNNINGHAM) was on his left hand at the time he heard that deceased was killed; FARREL’s house is better than a mile from where they were.
Hugh M’KINNENY. – Went to the hill with Bryan CUNNINGHAM, John WILSON, &c.; prisoner remained all day in witness’s company; was with him on the hill when he heard the Policeman had been killed.
Cross-examined. – Is sure CUNNINGHAM remained all the time with him; did not hear the news from any particular person.
Owen CUNNINGHAM. – Is father to prisoner; remembers the time DAWSON was killed; his son remained at home about his business ever since DAWSON’s death.
Andrew M’AVOY. – Knows prisoner; is a near neighbour of his; he never left the country; knows him ten years back; bears a very good character; knew the country to be up that day opposing tithes.
Peter GILMORE. – Knows the prisoner since he was born; is a neighbour of his; never knew anything wrong by him; thinks he is not capable of murdering or rioting; is no relation of his.
John GARTLAND, M.D., re-produced. – The wound on the left side of the head appeared to be given by a stone, which, witness has no doubt whatever, occasioned his death; DAWSON had a wound behind his ear, which would, in a few days, have caused mortification, and, consequently, death; has not the least doubt but the wound on his head, which measured six inches by four and a half, caused his death; the face was wounded besides.
John BOYLAND, re-produced. – Said he saw a great many persons striking deceased about the head with stones, sticks, &c.; Arthur FEE struck him on the head with a grape; Pat. MACALLISTER struck him on the head with a bayonet; JOHN MACALLISTER kicked him with his brogue on the head; Pat. HAMILL struck him with a stone on the head; James HAMILL and John GOODMAN threw stones at him; John M’CAY and Michael M’GURL struck him with buts of firelocks; Pat. CAMPBELL was engaged with the party; Owen FEE, James M’CARROLL, Michael CASEY, Owen ——, and Pat. FINIGAN, with bayonets stuck on sticks; Peter FEE, &c. &c.
At five o’clock the Jury retired, and in about two hours afterwards his Lordship had them called out, and said to them that he should be at their call when sent for, in case of their agreeing before 11 o’clock.
Accordingly, about 8 o’clock his Lordship was sent for, and he immediately proceeded to the Court- House, which was much crowded. The Jury then came into their box, and their names being called over, the Foreman pronounced a verdict of –GUILTY. At this announcement the prisoner appeared as unconcerned, as if nothing extraordinary had occurred; indeed, during the whole trial, he evinced a hardened, careless spirit. The Judge, after a most feeling and impressive address to the prisoner, sentenced him to be hanged in chains on Friday the 18th at 12 o’clock.