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Co. Monaghan Courts & Law

The Gaol in the County of Monaghan was located at Monaghan and there were Bridewells located at Clones, Carrickmacross and Castleblayney. The number of persons committed to the gaol in 1822 were 374; and in 1823, 462; and John ROWLAND was it’s Governor.

Monaghan Court House

From a report of the gaol visited by inspector 20th & 21st Jun. 1850

The classification of the prisoners is carried out but to a very limited extent. The accommodation consists of 68 single cells, 7 solitary cells, 13 rooms with beds and 9 day rooms. There is a sufficient supply of water worked by the tread mill. The punishments were very few, 29 since the 1st Jan. last. The total number confined since that period was 366, and for the same period last year 575. Number of commitments during the last 12 months – males 739; females 362; re-commitments males 24; females 36; Greatest number in gaol at one time males 208; females 102; Average males 164; females 63.

There is very little useful employment carried on in this gaol. There were only 2 tailors and one shoemaker at work at the time of my inspection. Stone breaking, the tread wheel, white-washing and painting at present form the principal occupations.The stones are purchased at 11d. per ton and after being broken, sold at one shilling. The reason assigned for not carrying on more useful and profitable works is the crowded state of the gaol. The school appears to be well conducted and the register shows that many of the prisoners have made considerable progress in reading and writing. Some of them were examined in my presence and justified the assurance of the local Inspector, that the schoolmaster was very attentive to his duties.

The female prisoners are divided into two classes according to character. The matron and her assistant appeared to pay great attention to their duties. Nearly all the prisoners were employed at fancy needle-work, which has lately been introduced; the materials are supplied by the agent of a Glasgow company; this, in a short time, promises to be a most useful, and in some degree, profitable undertaking.

– Males – Breakfast 8 oz. meal in stirabout, with one pint of buttermilk. Dinner 14 oz. brown bread, with one pint of new milk
– Females – Breakfast 7 oz. meal in stirabout, with one pint of buttermilk. Dinner 12 oz. brown bread, with three quarters of a pint of new milk.
Average cost of each prisoner per day for dietary alone 3 d

Rev Henry MAFFETT, Local Inspector
John S M’DOWELL, Medical attendant
Rev Henry MAFFETT, Protestant Chaplain
John BUCKLEY, Presbyterian Chaplain
Patrick BELLEW, R. C. Chaplain
Thomas L. MAYNE, Governor
John TEMPLE, 1st turnkey
Robert BROWN, 2nd turnkey
James GORDAN 3rd turnkey
Robert MACKEY, 4th turnkey
John ARTHURS 5th turnkey
Alex WRAY, 6th turnkey
Samuel Wallace 7th turnkey
Anne IRWIN, 1st Matron
Jane ANDREWS, 2nd Matron

There are two hospitals, situated at a distance from each other, one for males, the other for females. There were 6 in the former, and 5 in the latter at the time of my visit. The medicines are generally compounded by the medical attendant in the surgery and are provided by the apothecary. The cost of medicine for the year to the 25th Mar. last was £51 8s 2d, which appears to me to be enormously high. Both hospitals were very clean and well ventilated.

There were 4 male lunatics; they were divided amongst the other prisoners and appeared to be quite harmless. One of them has been confined here for over 9 years. There was one female lunatic, she was reported to be, at times, very violent and almost unmanageable.

I found this gaol clean and regular in all its departments. My first visit on the evening of the 21st was just as the prisoners were being locked up for the night and everything was conducted in a quiet and orderly manner. It is to be regretted that more useful employment is not adopted and that at all events, the clothing for the prisoners is not manufactured and made up in the gaol.

Castleblayney – Visited 20th June. I found this bridewell clean and orderly and the registry book correct. There were 8 male and 2 female prisoners at the time of my visit and 193 had been confined here since the commencement of the quarter the 1st Apr. last.  Prisoners are detained here for much longer periods than is warranted by law. See the 94th Section of Geo IV c. 74, some for one month and others from 10 to 20 days. The dietary too, is altogether above the regulation and consists of over a pound of bread and one pint of new milk for breakfast, the same for dinner. Average cost for each prisoner per day 5d. The bridewell keeper purchases the rations daily and charges for it accordingly. The Governor of the gaol at Monaghan stated to me that the prisoners who came from this bridewell complained of the dietary of the gaol, and expressed a wish to be back again at Castleblayney. This is not to be wondered at, for the prisoners here are certainly very comfortable and are well fed and have nothing to do. The keeper’s salary is £40 per annum, which appears to me to be very high for a small prison of this class. The bridewell is seldom visited by the local inspector, but frequently by Mr GOLDING, a magistrate, who resides in the town and is, I believe, a member of Board of Superintendence of the County Gaol.

Clones – Visited July 2nd. There were 2 prisoners in this bridewell; 7 having been sent to the County Gaol the day previous to my visit. The bridewell was very clean and orderly and the registry correct. Dietary 1 lb of bread and 1 pint of new milk for breakfast, the same for dinner. The prisoners are regularly transmitted to the County Gaol. It is frequently visited by the local inspector, the Rev. Charles WALSH. The bridewell keeper’s salary is only £10 per annum, which is, I should say, much too low; he appears to be a very smart intelligent man. A pump is much required, the water is now brought for the use of the bridewell from a pump at some distance in the town.

Carrickmacross – Visited July 4th. There was one male and 3 female prisoners confined here and 114 altogether during the last quarter. The dietary is the same as at Clones, but the charge 6d per day for each prisoner. The keeper’s salary is £35 per annum. The local inspector seldom visits the bridewell. (Reports from Commissioners, Vol. 28)

Courthouse, Clones
It is located at the southern end of the town

As depicted by the following report, debtor’s were imprisoned in the gaol as early as the mid 1700’s. Statutes were passed by Parliament for the Relief of Insolvent Debtor’s, one of which said;

The Statutes at large, passed in the Parliaments held in Ireland 1782

Insolvent Debtor’s
An act for the relief of insolvent debtors, whereas the several persons whose names are mentioned in the schedules hereunto annexed, have been, by misfortunes, rendered unable to satisfy the whole of their respective debts and it is reasonable to make provision for such of them, as shall do their utmost for the satisfaction of their creditors, therefore, be it enacted by the King’s most excellent Majesty, by and with the advice and consent, of the lords spiritual and temporal and commons, in this present parliament assembled, and by the authority of the same, that it shall and may be lawful for all and every the persons whose names are mentioned in the said schedules, at any time before the 1st May 1780, to exhibit petitions to his Majesty’s court of king’s bench, or common pleas in Dublin, setting forth the several matters directed to be set forth in the petitions of the persons mentioned, in a schedule annexed to an act passed in the 1st year of his present Majesty entitled ‘An act for the relief of insolvent debtors’ and the said several persons shall, upon performing the several requisites, in the said act directed to be performed by the several persons mentioned in the schedules, thereunto annexed to be entitled to the like benefit and relief and subject to the like punishment, in cases of delivering a false and untrue account of their estate and effects, or concealing the same, as by the said act, is directed with respect to the several persons whose names are mentioned in the said schedule, annexed to the said act, and the respective estates and effects of the persons, whose names are mentioned in the schedules hereunto annexed shall be subject to all and singular, the terms and provisions mentioned in the said act, with respect to the estates and effects of the persons whose names are mentioned in the said schedules annexed to the said acts.

Transcriber’s note for the full requirement of the Act

In prison 1777-78 – 1st. Schedule 1st. Part – Prisoners against whom no petition has been preferred;

Monaghan County Gaol
Patrick MURRAY
Patrick McMAHON
Maurice WARD

1st Schedule 2nd Part 1777-78 – The seventeenth and eighteenth years of George III;

William CARROLL, late of Shanra, Co. Monaghan, distiller
John CARROLL, of Shanra, Co. Monaghan, farmer
Edward CAROLAN, Ballytrean, distiller
William DUNLAP, near Clonish, Co. Monaghan, weaver
Owen GALLAGLAY, of Mullaghban, Co Monaghan, farmer
Joseph HAMERSLEY, late of the county of Monaghan but now of the city of Dublin, writing clerk
James LATTIMOOR of Closagh, Co Monaghan, linen-weaver
Edward MALONE of Raw, Co Monaghan carman
Constantine McCARRON of Esker, Co Monaghan, dealer
Thomas McCUTCHEON of Anny, Co. Monaghan, labourer
Dennis McGUINNESS of Glasough, Co. Monaghan, labourer
Denis McDONALD of Caridevelisk, Co. Monaghan
John McGOUGH of Lea, Co. Monaghan, dealer
James McGEOUGH of Ballytrane, Co. Monaghan, distiller
Felix McDONALD senior, Felix McDONALD junior of Clontreat Co. Monaghan, farmers and dealers
John NESBITT late of Ballybea, Co. Monaghan, distiller
John SMYTH of Aughasaverty near Castleshane, Co. Monaghan, farmer
James SHERIDAN late of Carrickmacross, Co. Monaghan, distiller
John WILSON of the town of Ballytrean, Co. Monaghan linen -weaver

A Report on the State of the Gaol of Monaghan 1808

Rev. Mr MONTGOMERY, local Inspector
John SHORT Gaoler
At my last visit to this gaol, I found it very dirty and in great disorder; the gaoler was absent and the local inspector, Mr BRICKLE had been, for a long time, confined with sickness to his bed, which has since obliged him to relinquish the employment. A new gaol is extremely wanted here, as the present one is in a ruinous state and is a most inconvenient structure. I examined many situations about the town suitable to this necessary purpose; a field near the barracks appeared, to me, the best circumstanced for it. 41 Prisoners were tried at both assizes; 14 were convicted; 1 capitally, a woman who pleaded pregnancy, was respited; 23 Crown prisoners, and 12 debtors were in custody January 1st 1808.

3 Mar. 1784
Monaghan – March 19. MAGRATH and JOLLY both notorious offenders, who made their escape out of our jail a few days ago, are apprehended and confined in Cavan jail. They were detected picking pockets on Tuesday last.

13 Apr. 1784
Monaghan, April 6. Friday morning last James DUFFY one of the felons who broke out of the jail, was brought to town and re-committed. He was apprehended above Carrlckmacross on Thursday. William JOLLY and Hugh CORR were the two apprehended in Cavan some time ago and not John MAGRATH, as mentioned; that noted pickpocket having as yet evaded every pursuit after him, though the jailer and others were four days searching for him in Newry mountains, where he certainly was, without effect.

11 Apr. 1785

Patrick FORD for stealing shirts, stockings, &c. the property of an inhabitant of this town, to be whipped on Tuesday next

The noted John BARNET to be hanged Tuesday the 26th instant, for breaking into the dwelling house of Margaret MAXWELL of Glaslough and felonionsly stealing thereout a dimity gown and petticoat, a dove-coloured silk cloak, lined with skin, &c.

Toul M’ENALTY to be hanged on Friday the 24th of June next, for the murder of James M’KENNA, on the 24th July 1784.

The trial which most attracted the attention of the county was that of the Rev. John CUMMINGS, for the supposed murder of James DONNELLY on the 12th December last, of which he was cleared.

14 Sept. 1797 Assizes

Persons tried before Chief Lord Yelverton

Michael M’KENNA was found guilty of a robbery in the dwelling house of Francis M’KENNA – ordered to be executed on the 23rd October next.

George JOHNSTON, found guilty of administering an illegal oath under the insurrection act and ordered to be executed on Saturday the 23rd inst. He was the first convicted under that act.

Charles JOHNSTON found guilty of attacking the dwelling house of Alex. BYERS and other felonys under the white-boy act and ordered for execution.

John NEIL, Wm. M’KENNA, Patrick M’KE? and William PATTERSON pleaded guilty to the charge of attacking Mr. BYER’S house and received sentence of death, as did Fra. CARBERY, John HUGHES, Edward M’MAHON, John CONOLLY and Mich. CULLE(N?) who also were ordered for execution.

Hugh MURNASHEM, Owen HUGHES, Owen MURNASHEM, Edward FINEGAN, John STRAIN, Bernard M’GRATH and Patrick KAVANAGH were found guilty of a transportable felony, in cutting down trees at night, the property of James CORRY Esq.

James MATHEWS, found guilty of endeavouring to seduce Hugh M’GUFFOCK, to become a United Irishman, and ordered to be imprisoned three months and publicly whipped. A greater punishment would have been inflicted upon him, only he had been in confinement since last assizes.

James KELLY who was found guilty of assaulting a man who was to give evidence against a person who called himself a United Irishman and ordered to be imprisoned three months, and give security for his future good behaviour.

22 Sept. 1806 Insolvent Debtor

Notice, I John YOUNG, of Glenish and Ratrim in the County of Monaghan, cooper and horse-farrier, aged 30 years, or thereabouts, and confined in the Co. Monaghan Gaol and not being charged in custody on the first day of February, one thousand eight hundred and sixth with any debt or debts, sum or sums of money, exceeding in the whole the sum of one thousand five hundred pounds, hereby give this second public notice, that I intend to take the benefit of an Act passed in the forty-sixth year of his present Majesty’s reign, intitled ‘for the Relief of certain insolvent Debtors.’ And, I do hereby give notice, that a true and perfect schedule, containing a discovery of all my real and personal estate, hereafter to be sworn to, is now ready to be delivered to any creditor, applying for the same to the keeper or gaoler, or his Deputy, at the said prison. (Countersigned) John SHORT gaoler,
John YOUNG (his mark).

10 Aug. 1808 – Gentlemen of the Grand Jury;

Charles Powel LESLEY
Thos. Chas. S. CORRY
Robert LUCAS
Alex. KER
Charles COOTE
Humphrey EVATT
William MAYNE
Skeffington HAMILTON
William IRWIN

1 Apr. 1809 Trial for Murder

Robert NELSON indicted for the murder of Margaret KELLY, on the 9th of September last, at Gortnawinny. In support of this indictment, the following witnesses were produced

Catherine NAHON swore she was at the house of the deceased the 8th September; that deceased told her she had to go that night to the Island and that she would be back in the morning.

Surgeon ARMSTRONG, who was present at the inquest, proved she was killed by a fracture of the skull, by a blunt hammer; she was with child.

Anne M’CORMICK swore that on the 8th September she was going to the market of Clones, Robert NELSON met her with a bottle and gave her three ten-penny pieces to buy him liquor, as he was to meet Margaret KELLY in a few nights and he wanted to treat her to keep her in temper; she bought the liquor and gave it to NELSON; next day NELSON applied to witness to go to Margaret KELLY and tell her to meet him that night; this the witness refused; Witness afterward, met NELSON and asked him if he knew any thing of her; witness said he knew nothing her, but said, “Nancy, I suppose there will be hanging matters about her, but don’t you say a word of what has passed between you and I about her.” She replied she would not unless put to her oath. Sometime after, as witness was coming from NELSON’S house after buying milk, she met NELSON and James LITTLE; on her coming up NELSON used some gibing expressions relative to one MOORE, whom witness bore a child; she replied that MOORE was not like him, sending every girl that had any thing to do with out of the country, as he had done with KELLY, LITTLE smiled and said, “she’s laid by at any rate”; Witness being struck with these words, when she met NELSON again that day, said him, “Bob NELSON, you and James LITTLE must know something of Peggy KELLY, if you do not tell me what you know about her, I’ll go to Captain NEVILLE and tell him all I know.” NELSON seemed alarmed, and said, “well Nancy, I did not kill her, but if you will take your oath to keep secret, I’ll mention what I know about her.” Witness promised she would (not thinking that KELLY had been then murdered), and NELSON brought out a bible and swore witness. Then NELSON said, “I wish to God she had not been murdered yet” Witness then said “why, my God, is she killed? who killed her?” NELSON said “she was, but he did give the blow”; that he wished her to leave the country and not expose him and offered her 5½ guineas, which she refused, and said she’d stay in the country to vex him. NELSON said, he gave the money to another who had given the blow. Witness demanded of NELSON where she was. He said she was in the barn, and desired her to come to his house after a little, and he would show her to her. Witness went up after; NELSON was at the barn door, which he opened and he and witness went in. NELSON took a pitchfork and raised some straw, then pointing to something rolled up in a winnow cloth, said to witness, “there she is”; she, doubting it was her. NELSON bid her lay her hand on her; she was afraid and would not, but took a stick and touched the cloth, found the bundle hard, and was from the touch and appearance, convinced it was the body; but being shocked, she was unable to proceed farther, and ran out of the house. NELSON said, he wished she was removed out of his barn, as he was afraid of a search and he asked witness to help him, and he would give her a new suit of clothes; she said she would not lay a hand on her for 100£. After the body of Margaret KELLY was found NELSON applied to witness not to go to the inquest, but to leave the country. NELSON afterwards called at her mother’s house, and told her mother to caution her daughter (witness) not tell any thing he had told her. Her mother told witness there must be some more than common between them, and if she did not tell what it was, she would never sleep under her roof. Witness said she could not tell all, as she was on oath, but she would tell part.She then told it was not NELSON killed her, but another that gave the blow. Her mother then cautioned her not to mention a word about it, lest they should be murdered also, and this, and being sworn by NELSON, were the reasons why she did not mention all she knew. Her conscience, however, being much disturbed, she applied to a clergyman relative to the oath she had taken, and he, declaring the oath illegal, and not binding, she made a full discovery. NELSON had also applied to witness to go to an apothecary shop to buy drugs to destroy the child Margaret KELLY was big with. She refused, and told him it was a sin to injure the child. NELSON also said he had sent for some herbs under pretense of curing horse worms, to Mr. M‘DONALD’s, but that the house-keeper refused to give him the herbs. Witness said, since KELLY was found, NELSON told her he was dreaming of KELLY, and was afraid she would appear and tell some one he had murdered her.

Margaret M’CORMICK, mother Anne M’CORMICK proved that after KELLY was missed, NELSON came to her house, and asked for her daughter Nancy; on witness saying she was not in, NELSON desired her to caution Nancy not to say a word of what he told her, as there would be hanging matters about it. Witness, when her daughter came in, insisted on her telling what it was, that it must be something great, as NELSON was so uneasy. Her daughter began to cry, and said she would not tell her all, NELSON had sworn her, but she would tell her part. She told her it was not NELSON had killed KELLY, but another had given the blow. She then cautioned her daughter not to say a word of what passed, for if she did, they would be murdered.

Philip CAEY proved that NELSON ordered his winnow sheet to be washed on the day the inquest was held on KELLY.

John HOLDEN proved, that NELSON asked him to procure some savin from his mother-in-law, who was a housekeeper at Mr. M’DONALDS, and said he wanted it to cure a horse of worms; that on going to his mother in-law, she said if she thought it was for that he wanted it, she would not have refused it to him before, so she gave him the savin, and he gave it to NELSON .

Mr. NEVILLE, the Magistrate proved that Anne M’CORMICK had given one or two informations on this subject, but never went to the entire length she knew, till the last time she came before him, when she requested to see a Clergyman that she might consult him, as to an oath she had taken. In consequence of this, he sent for Mr. FOSTER, the curate of Clones, and he, consulting with her about the oath, advised her to break it, she then declared all she knew; He swore she was consistent in all the accounts she gave of this transaction.

It was not clearly substantiated by evidence how the body had been removed from the barn; but it is presumed, that the prisoner had conveyed the body away, under night, from the barn, and thrown it into a moss-hole, where it was found.

Here the case on the part of the Crown closed the following were examined for the defense

John JOHNSTON was present when KELLY’S body was taken out of the moss hole; Anne M’CORMICK was there; she remarked it was poor looking sight, and immediately after said it was Hugh NAAN killed her; he desired her to hold her tongue. It appeared on his cross-examination he was on the inquest, yet never took any notice of the information M’CORMICK had given him; he was particularly desirous of serving NELSON, yet though he heard he was taken up for this murder, he never mentioned this circumstance.

Mary McCABE recollects when KELLY was missing; knew Hugh NAAN, who lodged with KELLY; after she was missing, NAAN called on witness and inquired if she would buy a bedtick, or gown, as he had some of KELLY’S to sell; she remarked it was odd he’d sell her clothes, and not know whether she would come back; he replied, something uncommon must have happened, or she would have been here before then. It appeared on her cross-examination, that NAAN’S wife and KELLY were first cousins, and that KELLY had promised them any property she had in case she died before them.

Arthur CALLAGHAN said he worked with NELSON about the time KELLY was missing; she was missed about the 9th, and he was working in the hay yard till the 12th; had free access through the barn; the door of it was never shut; He left it on the night the 12th.

James HOLDSWORTH said he came to work with NELSON on the 16th and remained there for a considerable time; worked in the hay yard and had free access through the barn.

Mr. RUSSELL, a clergyman, swore Anne M’CORMICK was a notorious profligate, but being particularly questioned, he said, the reason he had for swearing that, was her having sworn a child on Mr. MOORE and being now pregnant of another.

The Judge then recapitulated the evidence, and made several observations particularly favourable the prisoner. The Jury retired and about half past eight found a verdict guilty. He was accordingly hanged on the Thursday following. This man has left a wife and several children; but a separation between him and his wife had taken place in consequence of the connection he had formed with Margaret KELLY.

1 Apr. 1809 Murder

Alex. M’CABE was indicted for the murder of two of his own children

Rev. Mr. ROPER magistrate for County Monaghan said the prisoner lives near him; that about three o’clock on the 2nd January, prisoner came his house, that he opened his window and asked him what he wanted; prisoner replied, that he wanted to be sent to jail, he had murdered two of his children. Witness came down, and brought him into his office, where he persisted in saying that he had committed murder.

Cross Examined – Said the prisoner had the appearance of being (chained?) or hunted; Witness said to him perhaps they have irritated you and you have stunned them but prisoner removed any doubts in this respect. Witness considered him not right in his mind, but not insane, save the perpetration of the act. The impression on his mind now as to the insanity of the prisoner, is from what he has heard, is led to suppose he was not right in his mind

Sarah M’CABE says she knows the prisoner and his family. was at the house of the prisoner on the 2nd and then she saw his two children lying dead on the floor. Here on the case on the part of the Crown was closed.

On the part of the prisoner several witnesses, were examined; the tendency of whose evidence went to prove the insanity of the prisoner. The Jury withdrew and returned an acquittal on the ground of insanity.

2 Aug. 1810 Notice to Creditors

The several persons to whom H. EVATT, Esq. deceased, late a Captain in the Monaghan Regiment of Militia, stood fairly indebted, are requested to furnish a statement of their respective demands to Mrs. Eleanor FAULS, Clones, administratrix, with the Will annexed, of H. EVATT, that the same may discharged, so far as there are funds in her hands for the purpose – July 19, 1810

18 Mar. 1812 Record Court
The only trial of importance in this was that of record brought by one M’CAWELL to recover property from the widow and heir of Brian M’CAWELL, late of Scotstown in the Co. Monaghan.

It appeared in evidence that the plaintiff and his brother the deceased Brian had at a remote period taken out a joint lease of a mountain farm of the lands of Mulhavale, in this county from Mr. SOMERVILLE; that the plaintiff had several years ago wished to relinquish his claim and obligation under the lease which in fact he did and the deceased Brian procured another lease from his landlord in his own name, which Mr. SOMERVILLE clearly proved. The plaintiff now set up a claim under the old lease in order to set aside the widow and children his deceased brother in which he was non-suited. (Dublin Evening Post)

21 Mar, 1812 Assizes
Grand Jury;

Richard DAWSON, foreman
Walter TYLER
William MAYNE
Alex. KERR
Thomas COOTE
Humphrey WATT
William HENRY
Skeffington HAMILTON
Charles EVATT Sheriff

John WARRINGTON for the murder of Thomas M’CRACKEN at Clasdaw on 29 August last guilty – order to be hanged on Monday the 16th; respited to Monday the 30th inst.

Thomas CARTWRIGHT for burglary in the dwelling house Alex. M’FADIAN of Drum 25 January last – guilty – to be hanged 4th May

Andrew BROWN for stealing bank notes the property of John VERNER – not guilty

James FINEGAN for stealing notes the property of Patrick REILLY – not guilty

Patrick CHRISTY for a rape on Catherine DUFFY – not guilty

John CARROLL and Catharine CARROLL for receiving stolen goods – not guilty

Hugh FOWLEY for highway robbery – not guilty

Alex. GREENLIE for horse stealing – not guilty

Owen MURPHY for cow stealing – not guilty – ordered to give security to keep the peace

Patrick M’KENNA convicted of a riot and assault – to be imprisoned a month

John HILLUS for horse stealing – not guilty

8 Apr. 1812 Notice to Persons

indebted by Bill, Bond, Account, or otherwise, to Mr. Robert HENDERSON, late of Rea, Co. Monaghan, deceased, at the time of his death are hereby cautioned not to pay the same, or any part thereof, to Ann STEWART, stiling herself Widow and Administratix of said Robert HENDERSON, if the said Ann STEWART hath obtained Administration, the same has been done through fraud and imposition on the Court and a Citation has been issued out of the Court of Prerogative, to call in and set aside the said Administration, for the above cause.

Hannah HENDERSON. Niece and one of the nearest of Kin to said Mr Robt. HENDERSON Belfast, April 3, 1812

25 Jul. 1812 Assizes
The Assizes for the County Monaghan commenced 16 July inst. before Mr. Justice FOX in the Crown Court and Mr. Justice OSBOURNE in the Civil Court. Grand Jury;

Charles P. LESLIE
James. M. BARTON
Charles EVATT, sheriff
Richard DAWSON
Edward LUCAS
Walter TYLOR

James KELLY convicted of unlicensed still at Killileen 23rd June last – to be imprisoned 3 months

Lawrence HALFPENNY for stealing a cow the property of Philip M’CONNIN 21st June last, at Farraghey – Not guilty

Patrick DUFFY convicted of using a still at Annaglave 23rd Mar. last – Imprisoned a month

John ALEXANDER convicted of a similar offence at Annya on 7th Nov. – imprisoned 3 months

Sarah SCOTT and Catherine DIXON convicted of shop-lifting and other felonies – to be transported for 7 years

John M’CABE, Patrick M’CABE and Cormick DUFFY found guilty of using a still – to be imprisoned 3 months each

James M’ENEANY and John CALLAGHAN found guilty of similar offences – To be imprisoned 3 months

Owen PRICE for like – imprisoned a month

Francis M’KENNA, James M’KENNA and Edward M’CAGHY for riot and assaulting William BETTY collector of taxes, in the execution of his duty at Mulnacash 15 May last – M’KENNA’S guilty of the riot and Edward M’CAUGHEY of the riot and assault – The M’KENNA’S imprisoned 3 months; M’Caghey imprisoned 6 months and fined 5 marks

Decree in Chancery of 1813

George THOMPSON Esq, acting Executor of Eleanor WADE plaintiff

Charles COOTE Esq. T. COOTE Esq. Grace COOTE Selina COOTE and Others Defendants

Pursuant to a final Decree of his Majesty’s High Court of Chancery Ireland made in this Cause bearing date the 4th day of Dec. 1808, I will – on Wed. the 5th day of May next, at the hour of 1 o’clock in the afternoon, at my chambers, the Inns Quay, Dublin, to set up and sell by public cant, to the highest and fairest bidder, all that and those the lands of Mullymegarran and Dernaroy, with their sub-denominations and appurtenances in the pleadings in this cause mentioned, situate in the Barony of Dartry and County of Monaghan, being the estate of the Defendant, Thomas COOTE or a competent part thereof, for the purposes in said Decree mentioned. Dated this 26 day of April 1813 E. WESTBY
For further particulars inquire of Mr. Robert SMITH North Frederick street, Solicitor for the Defendant, Thomas COOTE Esq. The above Sale is adjourned to Wed. the 12 May inst. at hour and place above mentioned.

19 Aug. 1813 Assizes

Assizes commenced on Saturday the 31 July last, before the Right Hon. St. George DALY in the Crown Court and the Hon. Edward MAYNE in the Civil.
The following trials took place

Thomas CLUGHAN, Thomas COX and George SMART for feloniously shooting at Michael CALLAGHAN with intent to murder him at Emyvale, on 13th June 1812 and also for feloniously stabbing Peter M’ELMEEL with intent to maim and for a riot and assaults on Catherine M‘CUSKEE, James TREANER and several others.

Counsellor O’CONNELL was brought down specially at last assizes on behalf of the prosecution The prisoners were all acquitted.

The next day, Michael CALLAGHAN, Francis TREANOR, and Patrick HOLLAND, who were the prosecutors of the yeomen in the last case, were tried for a riot at Emyvale the said 13th June and for assaulting T. CLUGHAN and several others

After a trial which occupied the Court a considerable part of the day, they were convicted of the riot and acquitted of the assault, and ordered to be imprisoned each 12 months and to give security keep the peace for 7 years, themselves severally in 50£ and 2 sureties for each in 25£.

Patrick M’CARDLE convicted of a riot at Tydavnet on the 28th of October – received a similar sentence

Geo. CONNOR for rape on Mary ROACHE 18th September last, not guilty

Patrick WALLACE for stealing 3 sheep at Carrickmaacross 13th May last the property of Andrew ROONEY – not guilty.

Charles NIMMONS for stealing a silver watch value 2£ the property of Patrick CLARKE at Castleblaney on the 26 May last – acquitted

Watson LITTLE for the wilful murder of John ELLIOTT at Clones on the 27 May last and also a riot and several assaults. – acquitted – ordered to give security to keep the peace for 7 years.

3 Sept. 1813 Assizes

W. LITTLE was indicted for aiding and assisting the murder P. M’MAHON in the town of Clones on the 27th May last.

J. ARMSTRONG surgeon of Clones was produced, who proved the deceased got 2 wounds, a slight one on the breast, and another on the back, under the shoulder and that the latter was the cause of his death.

F. FARMER said he remembered the 27th of May – he lives in the town Clones – he knew P. M’MAHON and he knows LITTLE, at the Bar – knows a person of the name ROONEY – saw him about 7 or 8 o’clock- witness went towards NICHOLSON’S door – he saw ROONEY come with a gun and bayonet towards where he was standing – he winded it and swore, “the first Roman Catholic I meet I will have his life” – LITTLE was present, who told ROONEY he was at his back, then ROONEY winded his firelock and the crowd scattered – one MONAGHAN who was in the crowd, ran off, and ROONEY and LITTLE followed him and chased him into Mr. CLARKE’S; they returned back and shouted ‘that Orangemen should carry the sway’ – that they would not be put down by Rebels or Croppies – saw LITTLE afterwards knock down J. MURPHY. ROONEY made a stab at MURPHY but having missed him, turned the but-end of the firelock and gave him stroke with it, the crowd then gathered about them; they went towards Mr. ARMSTRONG’S – he saw no more of them; but he afterwards saw M’MAHON’S body in the Market house, about 10 or 11 o’clock night.

J. MARTIN- he knew the deceased, he saw him at the Fair day, before and after his death; saw ROONEY and LITTLE in the Diamond; witness was in Fermanagh street, saw ROONEY running up the street; after ROONEY passed, he said he would take one of their lives before he would come back; witness followed him to the Diamond; ROONEY was coming with a gun and bayonet and LITTLE was with him; saw deceased in the street before them; when they came within 2 perches of him one of them said, there is M’MAHON; one of them struck at him – he put up his hand; ROONEY drew the gun and gave him dash with the bayonet; M’MAHON fell; it was under his arm behind: saw one of ROONEY’S party strike deceased with a stick.

T. TIERNEY – Was at the May fair of Clones: knew P. M’MAHON – he is dead – knows LITTLE, the prisoner at the bar; saw him come up the street; said he would go to Capt. NEVILLE, with some man that said he (the man himself) was a Croppy- M’MAHON was present and said he would with LITTLE to prove that he (LITTLE) was calling out for Papists; LITTLE then swore the H— G—, that he would kill M’MAHON – knows ROONEY; saw him afterwards and he had a gun and bayonet.

H. GALLAGHER remembers the fair night in May last; remembers P. M’MAHON; knows LITTLE since he was a child ; saw him in the Fair that evening; he had a stick in his hand; saw him strike the deceased twice; he was facing the Market house, ROONEY was a piece below it; ROONEY came up in a few minutes and about 6 or 7 minutes after he saw the deceased lying dead; witness did not see M’MAHON do any thing when prisoner struck him; deceased had no weapon in his hand. Nothing material occurred on the cross-examination.

Several witnesses were produced on behalf of the prisoner, who proved that LITTLE was at the lower end of Fermanagh street at the time the deceased was killed; consequently a verdict of Not Guilty.

S. W. LITTLE was again indicted for having knocked the only eye out of J. CASACK, by punch with a stick, in the town of Clones, from party motives.

The prosecutor swore that the stroke was given by LITTLE and other corroborative witnesses were produced; but LITTLE’S brother and brother-in-law proved the prisoner was not the person who gave the blow and, accordingly, there was a verdict of not guilty.

R. STEENSON, S. CHAMBERS, and G. JORDAN, stood indicted for assaulting B. M’CLEARY, O. KERNAGHAN and N. M’CLEARY. This assault was committed on the evening, of the day, of the late election of Mr. CORRY, one of the present Representatives for that county. The prosecutors were beat severely for being Roman Catholics and because they would not shout for the Orange Candidate, Mr. CORRY.

N M’CLEARY who is the wife of Bernard and sister to O’KERNAGHAN, run from her own house to where her brother and husband were beaten and threw herself upon the body her senseless brother, begged for them for God’s sake, to spare the life of her only brother. The language made use of to her was the most indecent. CHAMBERS knocked her twice down with a loaded whip and STEENSON lifted a spade and fractured her skull in a most shocking manner.

The Judge said it was most barbarous outrage, bordering on wilful murder.
The prisoners were immediately found guilty.
STEENSON and CHAMBERS confined 12 months; JORDAN 6 months (Public Ledger & Daily Advertiser)

8 Oct. 1813 Bogs of Butter (buried)

The following is copied literally from a Country Paper
At Stramore, in the County of Monaghan, near the town of Glaslough, a short time ago a quantity of butter was found in a bog on the lands of Thomas JOHNSON of Armagh, Esq. at the depth of 20 feet beneath the surface of the ground. In consequence of the antiseptic quality of the bog, the butter was found in a state of perfect preservation. Its colour was a statuary white. The person who found this butter mixed it with other unctuous matter and formed it into candles for family use. It was more condensed in substance than butter usually it, but perfectly sweet in taste and devoid of any disagreeable odour. About 7 years ago, a quantity of peat, 10 feet in depth, had been cut off the same bog. At that period, therefore, the butter must have lain under a pressure of 30 feet of moss.

15 Oct. 1816 Game Licenses

A list of the names, places of abode, &c. of the several persons who have taken out licenses to kill game, agreeably to Act of Parliament, from the distributors for the Co. Monaghan since the 25 March 1816

Robert Warring MAXWELL Killyfaddy
Thomas JOHNSON Fort Johnson
Alexander MITCHELL Drumreask
Major BARTON Emyvale
John Graham Jr. Blayney’s Bridge
Robert ANKTEIL game-keeper to Major BARTON Emyvale Glasslough
Robert MURDOCH Jr. Glasslough
Hon. Charles PETRE 14th light Dragoons Monaghan
Rev. Charles EVATT Monaghan
William ANKTELL Treugh Lodge
Nathaniel COOKE Cooke-Mount
George TAAFE Careless
William COCHRANE Lieut. 5?d foot Clones
Andre Allein MURRAY Monaghan
William HAMILTON Castleblaney
Rev. Richard FORSTER Clones

Certified us, James & Catherine BATTERSBY, Distributors of Stamps for the Co. Monaghan (Dublin Evening Post )

2 Aug. 1817 Assizes

Before the Hon. Mr. Justice OSBORNE in the crown court and the Hon. Baron M’CLELLAND in the civil court. Grand Jury;

Hon. Henry WESTENRA, Foreman
Edward LUCAS
John KER
Baptist John BARTON
Walter TYLER
William HENRY
William MAYNE
George FOSTER Sheriff

Edward M’GALE indicted for a burglary and robbery in Wm. MITCHELL’S
and for administering an oath to the said Wm. MITCHELL, not to enter
any protest against any person or his house would be burnt – Acquitted

Hugh KER for a burglary and felony in the dwelling house of John BREHY
– Not guilty

John GALLAGHER for stealing a mare the property of James CLARKE – Guilty, death.

Bernard FOX, Pat. GORMLY, Henry CASSSIDY, Felix SHORT, Phillip
Owen CASSSIDY sen. Owen CASSSIDY jun. were severally indicted for
burglariously and feloniously breaking into the dwelling house Owen
CANAGHER and stealing thereout £45, 10s. in money, a silver watch, a
large quantity yarn, 5 cwt. of oatmeal and other goods. This appeared
to be a case of great enormity, accompanied with force and ill
treatment of the prosecutor, who was an old man but whose wife swore
positively to the identity of the four first, who were found guilty
and sentenced to be executed on 25th August. Felix SHORT was first
admitted as an approver, but upon his examination before the Grand
Jury, prevaricated and denied any knowledge of the matter. Bills of
indictment were ordered to be sent up against him and he was
convicted. Philip CASSIDY and Pat. DUFFY were acquitted (the bills
against the others were ignored by the the Grand Jury.)

Henry DERMOT for stealing a quantity of potatoes the goods of Henry
DOYLE – Not Guilty

James FITZSIMMONS for burglary and felony in the dwelling house of
John CAGILL – Not Guilty

Patrick REILLY for burglary and felony in the house of Pat. FARRELLY
and taking a sum of money thereout – Not Guilty

Laurence COFFEY, indicted for stealing oatmeal – Not Guilty

Elizabeth WATERS, for stealing 40 yards of linen cloth out of the bleach yard of John JACKSON at Crieve, his property and for receiving said goods, knowing them to be stolen. In this case it appeared by James DIGNUM, who was called as a witness for the prisoner, that she bought the piece of linen from him. He was ordered by the court to be indicted, but on further investigation it appeared that he bought the piece from a man in the market of Castleblaney- both were acquitted.

Alex. ARCHER, for burglary and felony in the dwelling house of Thomas CRABB at Skerrymore – Guilty of stealing to the value of 4s 6d.- to be burned in the hand and imprisoned 4 months.

Robert NORTH for stealing a sheep the property of Thomas M’MURRAY – Not Guilty

Mary BRANAGAN for larceny and John FONT (?) for receiving – Acquitted

Mary WILSON for stealing bank notes the goods of James HUGHES pleaded guilty – transported for 7 years.

John M’CABE for stealing a heifer the property of John M’COOEY – Not Guilty

James M’GARAGHTY, for like, the property of Moses LESLIE – Not Guilty

William MURPHY Guilty of petty larceny – To be burned in the hand and imprisoned 6 months.

Rose MONAGHAN, like – same sentence.

Terence M’KEIRNEY and Catharine M’KEIRNEY for maliciously wounding a cow the property of Mary MOORHEAD – Not Guilty

Bernard CARROLL, for stealing sheep the property of Edward M’KENNA – Not Guilty

Edward M’CAGHEY, for burglary and felony of meal, butter, and potatoes, out of the dwelling house of Mary M’K-NN- (?) – Not Guilty of burglary, but found guilty of the felony at large – transportation

Ezekiel ARCHER for stealing a cock and 3 three hens – guilty to be burned in the hand and imprisoned 3 months

John KANE for stealing a cow the property of James KER – Guilty but recommended by the grand jury – transported for 7 years

11 Sept. 1817 Game Licenses

A list of the names, places of abode, &c. of the several persons who have taken out licenses to kill game, agreeably to Act of Parliament, from the distributors for the County of Monaghan since the 25 March 1817. Certified us James & Catherine BATTERSBY, Distributors of Stamps for the Co. Monaghan;

J. Pearce HAMILTON Clones
William COCHRANE Clones
William HAMILTON Castleblaney
Alexander MITCHELL Drumreask
Rev. Charles EVATT Monaghan
Nathaniel COOK Cookmount

18 Mar. 1820 Trial for Murder

Patrick M’GUIRE was indicted for the murder of John M’KEW on Sunday the 11th July last, in Candleford Co. Monaghan

Bryan M’KEW sworn – is brother to the deceased; saw him in his father’s kitchen and going to HANRATTY’S house.

James SMYTH Esq. sworn – Did you see the body of John M’KEW? I did, on the 16th of July, at M’KEW’S house and examined it; the head was wounded by a sharp instrument in two places and the neck was dislocated. Did you see any other wounds? No, but the body was all black, by the stagnation of the blood, (strangulation would cause it.)

Philip BRADY sworn -Knew M’KEW and was in search of him found him in a sack dead, with his big coat about his head. The body was buried in a ditch near his father’s land; the body was as black as a turf; believes it was on Thursday he found the body; the ground was soft, for there were marks of cattle on it very deep, which HUGHES remarked; witness found the body by putting down pole.

Owen BRADY sworn – Were you with the last witness when the body was found? I was.

P. M’KEW sworn – Saw the body after it was taken out and the sack in which it was; knew the sack to be HANRATTY’S and has no doubt of it being his; was at FOX’S house and saw a swinging bar there and the coulter of a plough and traces: was  not there when the hat was found; but saw it afterwards and blood on it. It was his brother’s Sunday hat. The sack, the coulter of a plough, and other articles were produced, to which witness swore. His brother was HANRATTY’S cousin

Owen MURRAY sworn – Remembers the Sunday that the murder was committed; saw M’GUIRE on that morning; he was going through the field, coming from FOX’S house and was going very smart; he had his hat pulled down over his ears.

Catharine FAGAN sworn – Knows the place where the body was found; for she passed close by it and saw HANRATTY with a spade and prisoner with a sack on his back at the orchard between FOX’S house and the place where the body was found; followed them and saw them lay down the sack and they seemed to toss it about; after witness went home, she returned to the place and knows it be the very same spot where the body was found.

The prisoner was found guilty and sentenced to be executed on Saturday 11th instant.

17th & 19th Sept. 1821 Assizes

Assizes for the County of Monaghan commenced on the 11 Sept. 1821, the Hon. Baron M’CLELLAND presiding in the Crown Court before whom the following grand jury were sworn;

Charles P. LESLIE Esq. M.P., Foreman
Robert LUCAS
Humphry EVATT
Nicholas ELLIS
Walter TYLOR
William MAYNE

Sarah CAMPBELL charged with stealing tobacco the property of Henry M’MATH – guilty to be imprisoned 9 months

Patrick M’MAHON and David ROACH charged with stealing a ewe from Michael M’MAHON – not guilty

John SLAVEN, Mary GARAHER and Mary GULSHANA  charged with stealing shoes and bank notes the property Edward DONAGHOE

Edward DONAGHOE – lost a pair of shoes out of his shop in Ballibay in May last; saw said shoes next morning in the house Joshua GRAHAM; is sure they were the same that were lost out of his house. Cross examined by Counsellor SCRIVEN – says he had several pair of shoes but none of the same kind.

John M’CAFFRY – keeps a public house in Ballibay; saw prisoners in his house on the fair day in May; they were drinking beer at the counter; his wife went round and missed about £13 in notes out of the drawer and she said it must be some of the persons who went out; witness went out and took hold Mary GARAGHER (sic) who called to her comrade girl that she was gripped; brought them in and sent for the town constable and had them searched; GRIMES, the constable, said he saw some lump in SLAVEN’S mouth; took the prisoner by the throat and laid him on the bed and witness searched his shoes, where he found 2 -thirty shilling bank notes; saw prisoner’s mouth bleeding; found on the ground a 5£ note; there was also a bill, which the notes were rolled in, found in his coat pocket, which witness got from Mr. HATCHELL of Monaghan, on that day, for a puncheon spirits; at the search there was a note seen in GARAHER’S mouth, but she put out the candle and threw herself the ground; there was nothing found with Mary GULSHANA (or GULSHANE) but the bundle was found between her and SLAVEN. All 3 found guilty, to be transported for 7 years.

Francis RICHARDS charged with a rape on Mary M’GARVEY – discharged, no prosecution.

John KELLY charged with a rape on Bridget GALLAGHER – not guilty

Patrick O’HARA charged with having in his possession illicit spirits. He pleaded guilty – and says he made these spirits for his wedding whiskey – only one week imprisoned.

James MURPHY indicted for stealing silk handkerchiefs in Ballybay, the property Margaret NESBITT.

Margaret NESBITT sworn – lost 2 silk handkerchiefs in the month of June last, from off her counter in Ballybay; was shewing them to prisoner; when he got hold of them he pulled them from her and ran out; went after him and called to Mr. GRAY to follow him, for he had not paid for them

Samuel GRAY sworn – Saw prisoner running and followed him – prisoner jumped into a garden, where witness got hold of him; he dropped the goods on the way and they were found a pedlar who was passing along; did not take the pedlar, as Mrs. NESBITT knew him – guilty, to be transported for 7 years.

Andrew ROAN indicted for stealing 10 ten-penny tokens, in Monaghan, from Terence M’CABE – guilty. His Lordship said he was quite satisfied that the prisoner was an expert pick-pocket therefore he is to be transported for 7 years. Prisoner replied, its very well. Its no worse!

Daniel KEIRAN, Philip KEIRAN and Owen M’CARVILL indicted for an assault in the house of a person of the name of BARBER in the parish of Aghabog.

Counsellor M’CARTNEY remarked in his address to the jury, on the part of the crown, that he believed there was a most alarming combination existing in the country, which he said would appear in the course of the following trial.

Nathaniel BARBER jr. sworn – recollects the night the 1st of Sept., inst. was in the house of Margaret BARBER, his sister; saw 2 or 3 fellows come in, who began to argue about liquor and wanted to buy some liquor. Witness went to the door, to speak to Daniel KEIRAN (the prisoner) to bring those men away that were arguing, but these men would not let witness to the door, but kept him back. Knew Daniel KEIRAN for witness saw him in the house before. Witness’s brother came to get him from them, but they tore witness out and began to lay on him with sticks, so that the blood came down over his eyes. Does not know how many were on the road, the blood came so thick over his eyes, but the road was thick with them; they kept damning and saying that they would burn the house over them. Witness heard his father crying on the road and went and helped him to one GREACEN’S house, where the people were wanting to search for liquor. Witness then went and left his father at home and came back and saw his own people putting out the house.

What do you mean by putting out the house? I mean putting out the house that was on fire. From a Juror – Had the persons any weapons? They had for I got a stab in the arm, but do not know with what.

John HAMILTON sworn – Was at said house that night and met 6 persons; knows 3 of them which are the prisoners; they went into the house and got a pint of spirits and paid for it; they came again for another pint; when they had drank the 2nd pint, the mob was getting near the house: saw 3 of them come into the house and seize on the still, saying “this is the King’s and mine”; saw Philip KEIRAN lay hold on young BARBER; saw Owen M’CARVILL come to and strike Francis BARBER, and (dunch?) him out of the house; heard the mob say, “what are you about, why don’t you bring him out?” I then made out of a back window – saw a person in white who was giving the word of command; heard the man who gave the command, say to the Widow GREACEN, “bring them out till we destroy them out” she then said they were not able to come out; he then told them to bang them up there and they would ‘burn them to the elements.’

Nathaniel BARBER Sr. sworn – Says he was abused that night greatly; heard the mob say they would burn to the elements – not guilty

Twenty-three illicit distillers were found guilty by the jury.

20 Apr. 1822 (meeting turns to duel)

We regret to learn from one of our Monaghan correspondents, that a meeting took place on Wednesday evening, in the demesne of Castleshane between Surgeon ROBINSON jr. and Mr. MITCHELL jr. both of Monaghan; the former attended by Mr. MULLEN and the latter Mr. BATTERSBY; after the 1st exchange of shots, an ineffectual effort was made to reconcile the parties, after which a 2nd fire took place and we sincerely regret to state, with effect on Surgeon ROBINSON, who received his adversary’s ball in the right side. The wound inflicted is very severe and fears are entertained that it will prove mortal. The cause of this unpleasant recontre was, we understand, of the most trivial nature and the 2 gentlemen concerned, who were all very young, had their residences adjoining each other. Mr. MICHELL has disappeared, and Mr. BATTERSBY has been committed to the jail of Monaghan.

1 May 1822 (death from Duel)
We sincerely regret to state that Surgeon ROBINSON of Monaghan, whom we lately stated to have been severely wounded in a duel by Mr MITCHELL of that town, died of his wounds on last Friday evening. He was the son of Mr. ROBINSON, surgeon and apothecary, in Monaghan, nephew to the late Surgeon ROBINSON of the county Cavan Infirmary and a young gentleman who was much esteemed.

Bridewell Carrickmacross

5 Dec. 1823 Court of King’s Bench Dublin Nov. 28th

The Attorney-General, having, upon a former day, moved for a habeas corpus to bring before the court a convict, named Pat. SMYTH, who had escaped from the gaol of Monaghan, but was retaken at Liverpool, the gaoler of Kilmainham was called on by the clerk of the crown to produce the prisoner, who being then placed in the County sheriff’s box, the gaoler of Kilmainham’s return to the habeas corpus was read. It recited that Patrick SMYTH was committed to his (the gaoler’s) custody on the 10th of September charged with being a convict who had escaped from Monaghan gaol, after being convicted of having killed one Thomas BRUMKER, with a scythe. The prisoner was then asked by the clerk of crown if he had anything to say why the sentence of death pronounced against him, should not be executed? The prisoner, in a melancholy tone, said he was ready to abide the pleasure of the court.  Judge JEBB – Let execution be done pursuant to sentence.

The prisoner, an athletic man of six feet high and apparently aged about forty-five, cleanly and comfortably clad as a boatman, was then removed in custody of the county gaoler. The clanking of his irons as he walked along the passage, the rareness of the proceeding, the recollection that the prisoner had so nearly escaped the dreadful fate that awaited him and his apparent resignation, all created a powerful sensation amongst the auditory of the crowded court. The prisoner was transmitted last night to the gaol of Monaghan, under death warrant for his execution on the 6th of December.

20 May 1824
A young man, a Catholic, of the name of Bernard M’MAHON has been killed at Ballybay, by a fellow of the name of GRAY. The particulars, which have been communicated to us, are of a most barbarous kind. The poor youth left behind him a widowed mother, whose principal support he was, as well as of six young brothers and sisters. The murderer is a Tithe Proctor, a person, our informant states, of ferocious character and a sort of leader among the orangemen. Although there is a constabulary at Ballybay, neither the homicide, nor his brother, who aided him in the act, were apprehended. For this purpose a party of the military were found necessary and the two were at length apprehended, and on the warrant of Mr. HAMILTON, lodged in Monaghan Gaol.

3 Sept. 1824 Very Extraordinary Case. Head Police Office, Dublin

On Wednesday, a young man of gentlemanly address and very prepossessing appearance, was brought handcuffed and in custody of a military guard, to the Head Police office, under a charge of desertion. When before the magistrates the prisoner stated his name to be Clement HARRIS; that he had served his time to an Attorney and that in the year 1817, he enlisted in the 45th regiment for seven years service; that after remaining a year with the regiment, he obtained a furlough for the purpose of visiting his friends in Monaghan, where on his arrival, he was shortly afterwards arrested for a debt of 23£ and placed in gaol, from which he wrote to the adjutant of his regiment, informing him of his situation; but the amount of the debt being three pounds over that which entitled him to his discharge as a private soldier, he remained in custody until last May, when he had himself removed by Habeas Corpus to the Four Court Marshalsea, in order to obtain the benefit of the Insolvent Act; but after his arrival in Dublin, being enabled to settle the debt without having recourse to the benefit of the Act, he obtained his discharge from prison on Tuesday and on his being about to inhale the reviving air of liberty, he was handed over to the provost marshal under warrant from the magistrates of the head police office, as a deserter. The prisoner submitted that as he had been confined for six years under a civil process and had served one year in the regiment, the period of seven years, for which he had originally enlisted, was expired, therefore he could not be considered as a deserter. The prisoner also stated that he was entitled to a property of 500£ per annum, through the Massareene family and it was the object of those, who were keeping him out of the property, that he should be sent abroad to some of the condemned regiments, in order to prevent him prosecuting his claim.

It appeared that during his confinement in Monaghan gaol, he married the gaoler’s daughter and that shortly after his arrest, a warrant and committal were transmitted from Dublin, directed to the gaoler of Monaghan, charging him as a deserter. The prisoner’s wife and her father, the gaoler, are now both dead. The same vigilance which procured the warrant for his detention at Monaghan as a deserter, was exercised on his removal to Dublin and the new warrant obtained, upon which he was now brought before the Magistrates; and he complained that the warrant was so strictly executed, as not to permit his returning to his room in the Marshalsea, where he had in his trunk bills and other property amounting to 500£; nor would the officers permit him to change his jacket, that he was accustomed to wear in the prison. The magistrates remanded him to the custody of the provost marshal, until the circumstances should be made known to the Commander of the Forces.

14 Mar. 1825 Assizes

James COLLINS, Peter KILLEN, and Mary HAFFY, were indicted for stealing a purse and bank notes, the property of C. M’CARN – guilty – to be transported for 7 years.

James DUFFY and Patrick DUFFY, indicted for stealing a black heifer, the property Thomas M’CALL – guilty

16 Mar. 1825 Assizes

Robbing the King’s Court Mail.
Hugh DUFFEY was indicted for that he, on 22 Nov. last, at Magheracloon, on the King’s highway did feloniously assault Edward M’ARDLE and take from him the post bag containing the mail from King’s Court to Carrickmacross.

The principal witness was Edward M’ARDLE. – Witness conveyed the mail from King’s Court to Carrickmacross the 22 Nov. last; received the mail at the post office in King’s Court; witness proceeded on his way and was attacked near a place called Magheracloon, a boundary bridge between Cavan and Monaghan; it was 6:30 o’clock; about 3 miles from King’s Court, 2 men attacked him; knew them both previously; identified the prisoner DUFFEY as one of the men; the other person is not in custody; they had bludgeons in their hands; they pulled witness out of the saddle and robbed him of the mail bags; when witness was lying on the road, the prisoner DUFFEY came to him and began to abuse him; he wanted witness to give him his pistols and the letters which he said he had about him; witness said he had no pistols; he shouted out for mercy and begged his life to be spared; DUFFEY called to his companion to give him a razor till he would cut his (the witness’s) throat; witness did not seem to recognise them and they went away without further injuring him; after the men left him, witness ran to the house of a man named BAILEY, who accompanied him until he overtook his beast; witness then returned to King’s Court and communicated the fact of his being robbed. It was not quite dark at the time.

In defence, Francis MARAN and his son were called to support a plea of alibi.

The Learned Judge (BURTON) addressed the Jury, who retired and remained in consultation for about 5 minutes when they returned into court and pronounced a verdict of guilty – death.

Robbing the Ballybay Mail

James M’KITTRICK, Patrick M’KITTRICK, and Brian HANLON were indicted for on the 14 Nov. last, at Paste, feloniously assaulting Peter FORDE and taking from him the postbag, containing the mail from Carrickmacross to Ballybay. The post boy could not identify the prisoners and the other testimony was inconclusive against the prisoners – not guilty

6 Jul. 1825 Very extraordinary Affair

On Wednesday last, as the Day Coach, called the Saint Patrick, was on its way from Dublin to Monaghan, it was stopped about a mile at this side Ballibay and 9 from Monaghan, by a troop of the horse and foot of the Police of the county of Monaghan. The leading horses were laid hold of and twisted round near the top of a hill; and, were it not for the activity of the guard, who got quickly from behind the coach to put a stone before the wheel, the coach, passengers and all, would be precipitated down a precipice. The guard, for his activity, had a cocked pistol pointed to his head and he was quickly laid hold of and made prisoner, under an alleged warrant from the General Post office. All the passengers were then taken oft and out of the coach; their luggage instantly broken open and thrown about the road, in search for letters! A boy under years of age (Wm. YOUNG), going to Monaghan with his mother, was taken prisoner and a pistol manfully put to his breast, because he had a few books tied up in bundle; but after hawking him about for some time, like a felon, he was suffered to go on his parole of honour. There were some female passengers and all were put in dread and fear of their lives. Mrs. YOUNG, a highly respectable lady, had purchased in Dublin some articles for herself and family, which were in a small box nailed down, the box was broken to pieces, the articles thrown about the road, a new bonnet and other articles, torn and disfigured. The coach that followed, received a like polite treatment. While thus treating the first coach, patrol from the worthy protectors of the King’s peace was sent up in full gallop to stop it. Incredible as this statement may appear, we have it on such respectable authority, that we do not hesitate to give full credit to it.

20 Mar. 1826

Grand Jury;

Charles LESLIE Esq. M.P., foreman
Hon. Richard WESTENRA
Andrew CARR
Humphry EVATT
James Wood WRIGHT
Nicholas ELLIS

9 Aug. 1827

Michael M’CLUSKY was indicted for assault on Mary CARROLAN at Corvally, on 23rd Sept. 1823, with intent to violate her person. The prosecutrix (a country girl of about 20 yrs of age) stated that the prisoner at the bar whom she identified, came into her mother’s house at Corvally, about 4 years ago; she chanced to be alone and was sitting by the fire; the prisoner took a seat by her side, used some very improper language to her and sung a still more improper song; after this he began to take certain liberties, which she resisted; he afterwards had recourse to violence and would probably have effected his purpose but for the appearance of a neighbour woman, whom the cries of the prosecutrix brought to her relief; this woman, prosecutrix added, had since died; the prisoner, thus foiled in his object, left the house and prosecutrix had never seen him from that time until now; she, however, went to Mr. EVATT, the Magistrate, shortly after and lodged her complaint; she had known the prisoner before this transaction.

Mr. EVATT was next examined – He said he remembered the prosecutrix coming to him in the year 1823 and lodging a complaint against prisoner; he (the Magistrate) made every exertion to take prisoner, but he had fled the Country; witness got a bench warrant from Dublin and, understanding the prisoner was returned home again, had him taken into custody.

The prosecutrix here interfered and addressing the Judge, said “I have been scandel’d by him, my Lord, and would rather have him than any other boy, if he’ll marry me!

Prisoner – “I’ll marry her then, if your Lordship will allow me.”

The Judge “We will see about that.”

The Baron directed the Jury to say Guilty on their issue and he then ordered that the prisoner should be brought on the last day the assizes to receive sentence. It is likely, however, that the wedding will take place before that period.

24 Mar. 1829

John MILLER for stealing tobacco on 14th Mar. in Monaghan, the property of Thomas CAUGHAN. Guilty – transported 7 years

Michael CULLIGAN for stealing a mare, the property of Peter MONAGHAN. Guilty sentence of death recorded.

David and James DOGHERTY for robbing James KELLY of a pocket book containing banks, at Carrickmacross on 4th Mar. last. David was found guilty and his brother acquitted.

Anne and Margaret MALONE for stealing 6 silver spoons and 12 knives and forks, the property of Hugh MONAGHAN on the 18th Nov. – Guilty on the first charge – to be transported 7 years.

Patrick DUFFY for having administered certain deleterious mixtures to Bridget DUFFY a young girl between 15 and 16 years of age for the purpose of procuring abortion – Guilty sentence not passed.

Edward SMYTH was indicted for having violated the person of Letitia SMYTH. The prisoner, however, promptly settled with the young lady by marrying her.

Michael CONNOLLY, indicted for a similar offense and Luke HAGAN and James M’DONNELL for aiding and assisting him. CONNOLLY, following the prudent example of his predecessor at the bar, consented at once to enter into the silken yoke with the female he was accused of injuring and thus these matters terminated to the satisfaction, at least, to the fair ladies themselves.

14 Aug. 1829 Sentences passed at Monaghan Assizes;

executed – Patrick and Daniel REILLY
Death recorded – Michael CLARKE, Patrick COYLE
To be transported for 7 years – Jane TAYLOR, alias MILLS
To be imprisoned18 months at hard labour – Hugh DALTON, John BRENNAN and John DUFFY
to be imprisoned 12 months at hard labour – Ben. MOORE

To be imprisoned 6 months at hard labour –
Susan FEE
Catherine JOHNSTON

To be imprisoned 3 months at hard labour –

To be imprisoned 1 month at hard labour and to once whipped round the gaol – Francls M’CORMICK

To remain in custody, being insane – James M’MAHON

Dismissed by proclamation –

Francis M’CABE
Francis M’GOWAN

To be tried at next Assizes –

Thomas BYRNE
William WILKIN

Not Guilty –

Robert Philip M’ENALLY
Patrick and Owen BYRNE
Patrick LYNCH

25 Jan. 1831
Six men have been apprehended and lodged in Monaghan gaol, charged with the barbarous murder of a man named M’CABE, of Carrickmacross some time ago.

13 Mar. 1832 Murder

Patrick WARD was indicted for the wilful murder of James M’CABE, near Carrickmacross on 6th July last.

Owen CORRIGAN, examined by Mr. Sergeant PERRIN K.C.  – Knew James M’CABE; recollects the night he came by his death; it was in the summer before last; saw him the evening he was murdered; was in Carrickmacross the day in question; left Carrickmacross a little before sun-set; stopped at one REILLY’S, on the road going home, about a mile from Carrickmacross; REILLY is since dead; met James DUFFY, Brien KERNAGHAN and Patrick WARD at REILLY’S house; came out of REILLY’S with them; there were people passing the road from Shercock; after he left REILLY’S, saw a man of the name of HANLON lying on the road; deceased came up to them on the road, and bade M’ANALLY a good evening; Brien KERNAGHAN then gave deceased a foot and a slap, and knocked him down; witness made a short turn on the road to get away; on witness looking back, he saw the prisoner, James DUFFY and Brien KERNAGHAN  lifting up their hands, as if throwing stones at deceased; witness did not go far on the road until he was overtaken by James DUFFY; DUFFY took a book out of his pocket and swore witness never to reveal what he saw on this night, except to the clergy; it was on Thursday deceased was beat and heard of his death on Monday following.

Cross-examined by Mr. SCRIVEN – Did not see prisoner do anything to deceased; Brien KERNAGHAN knocked him down; prisoner remained at home until deceased died; was examined before a magistrate; did swear that he knew nothing about this transaction; did so, because he was afraid of his life.

By the Court – Did swear to Mr. MITCHELL that he did not know the men; witness had two reasons for doing so; he was afraid of his life and his little property being destroyed; after this he told his Bishop, and he told him to reveal it the magistrate and punish the guilty, or save the innocent; did then tell Mr. MITCHELL what he knew.

John M’NALLY, examined by Mr. STAPLES K.C. – Left Carrickmacross about sun-set on the day of the murder; witness was joined on the road by Patrick WARD, the prisoner; Brian KERNAGHAN raised deceased with foot and slap; the prisoners DUFFY and CORRIGAN were present; DUFFY and KERNAGHAN lifted stones and threw them where deceased and witness were standing; DUFFY handed witness a book and swore him that he should never disclose what took place on this night; the prisoner was beside DUFFY at the time; witness swore as they desired him and was very glad to get away.

Cross-examined – Did go to the inquest at the instance of Mr. IRWIN and Mr. DUDGEON; witness told M’CABE’S wife he had been at the place where her husband was beat; was examined at inquest and then swore that he did not know any of the men; was examined afterwards before a magistrate and denied it also; went a second time before Mr. MITCHELL and denied that he knew the persons.

By the court – There was not any of the party drunk on this night: KERNAGHAN and CORRIGAN live in the same townland with witness.

Patrick MACKEN and Mary KERNAGHAN were the next witnesses examined, but nothing material was elicited from them.

Margaret M’CABE – Is wife of the deceased, J. M’CABE; he will be three years dead next July; he was in the employment of Mr. FINN, bog agent to Mr. SHIRLEY; left the house the day he was beaten after breakfast; did not see him until 10 or 11 o’clock next day at KERNAGHAN’S house, where she found him lying in a corner on straw; Mr. AIKEN’S son brought a horse and put deceased on his back and sat behind him; witness led the horse; it was on Thursday her husband was beat and on Monday following he died; her husband could not speak to her.

Surgeon Robert PACK deposed that he visited the deceased the Saturday previous to his death and found him quite insensible; examined his body at the inquest and is positive that the deceased came by his death in consequence of a blow of a blunt instrument on the head, which broke his skull. There no defence.

His Lordship addressed the jury at considerable length. He said, as the evidence for the prosecution was pretty clear, he felt it necessary to recapitulate, and would, therefore, with as much clearness as possible, state to them the law as it affected the prisoner at the bar. In the first place, if there was not the shadow of doubt that the prisoner at the bar was present on the occasion in question, and that was there aiding and assisting in inflicting wounds with stones &c. on the prisoner, of which he died, it was still necessary, before they could find him guilty of the crime of murder, that there should exist previous pre-determination, with malicious intent, on the part of the prisoner, to kill and destroy the deceased – if they were satisfied of this, the prisoner was guilty of the crime of murder. In his opinion, however, the evidence did not support this charge – there was no previous pre-determination; no plan laid; no malignant feeling; no deadly weapons. If you believe this and yet find that the prisoner was present, aiding and assisting the others, of which there is no doubt, you will then, in that case, find the prisoner guilty of manslaughter. The jury retired for about half an hour and returned a verdict, guilty of manslaughter. To be transported for life.

1832 Co. Monaghan Licenses issued to Keep Arms & a List of Magistrates with Residence – A Return of the Name and Residence of each Person in Ireland, to whom Licenses have been granted to keep Arms, by the Magistrates at Quarter Session since 1st Aug. 1832.

Name, Residence
Patrick AGNEW – Dromackavrey
Joseph ALEXANDER – Annagh
William CAMPBELL – Shankhill
William CARGILL – Killcreen
George CARR – Armyebe
Owen CARROLL – Greaghleone
John CARSON – Aughalesabea
John COLEMAN – Dundreckan
Edward CONNELLY – Aughnaglair
John CONNELLY – Dromond
Thomas CONNELLY – Crumlin
Patrick COONY – Mullmary
William CROOKSHANK – Graffa
Francis DUFFY – Dromdreeney
Patrick DUFFY – Lisnashannagh
Thomas DUFFY – Kednaminsha
Thomas DWYER – Curkishbane
John EAKINS – Killief
John ELLIOTT – Mullahara
Robert FARRELL – Drumloo
Peter FINEGAN – Donamine
Francis FLANIGAN – Dian
Henry GRINDLE – Drumcall
John GRINDLE – Skervins
William HANNA – Mullahara
John HARPER – Cornawall
George HEARSE – Turnasque
Robert HILL – Castleblayney
Peter HOEY – Carrickmacross
Owen HUGHES – Lislendy
Daniel JACK – Killmore
Joseph JACKSON – Tullykenney
Peter M’CARDLE – Curriteen
James M’CARREN – Tamlatt
Rev. Charles M‘DERMOTT – Errigle Fraegh
Charles M’ENTEE – Antiyatty
Charles M’GEE – Emy
Edward M’KENNA – Shelvins
William MOORE – Keenag
Samuel NESBITT – Drumlongfield
John NEWSOM – Salloo
James ORR – Mullalrack
James PATTEN – Drumguill
Andrew SHORT – Ulinagh
Robert STOREY – Aughagaw
William TAYLOR – Kilcreen
Patt. WARD – Moy
John WIGGINS – Smithborough
Joseph Wm. WRIGHT – Corlat
List of Magistrates with Residence
A. O. B. BELLINGHAM – Castleblayney
Thomas C. S. CORRY – Rakcorry Castle
Ralph DUDGEON – Rosefield
James EVATT – Carrickmacross
William HAMILTON – Castleblayney
John JOHNSON – Thornhill
Thomas JOHNSTON – Fort Johnston
Nicholas KELLY – Carrickmacross
A. G. LEWIS – Terace
Thomas LUCAS – Ballybay
Richard MAYNE – Freamont
Alexander MITCHELL – Carrickmacross
James M’WATTY – Castleblayney
James M. REED – Castleblayney
Edward RICHARDSON – Poplar Vale

Robert SMITH, Clerk of the Peace

1 May 1833 The KING v. John M’BENNET and James KERNIGAN

The prisoners were tried before BUSHE, C. J., at the Spring Assizes at Monaghan, in 1833, upon an indictment which charged that they unlawfully and feloniously did, with menaces, and by force, demand one gun, the property of one Margaret MILLER, from her, with intent to steal the same, against the peace and statute. There was a 2nd count, in all respects the same, except that it stated the gun to be the property of Thomas MILLER.

The 1st witness was Margaret MILLER who swore, that on the 18th of Feb., at night, 3 men came to the house of her son Thomas MILLER, in which she lived as his house-keeper, he being an unmarried man, and with threats, demanded a gun from her, to which she answered there was no gun there, and they insisted that there was; that they went away, and in a short time returned and again demanded the gun. She further swore that her son, who was not at home that night, had a gun, but that shortly before, he had taken it out of the house and concealed it, for fear of people taking it. She said that the prisoners were 2 of the party that came into the house, and that one WALTERS was the 3rd, but could not say which demanded the gun.

A policeman was the next witness, who swore that he and his party had information of this attack being intended, and that they concealed themselves, and saw the party come to the house and push in the door, and heard them demand the gun, and saw one of them come out; heard him tell another, whom they had left as a watch, that there was no gun there, and he then proposed that they should go to another house; upon which another came out and said, “damn you, JONES, come in again, and we’ll either “kill her or have the gun.” That they then went in, and the police attempted to seize them, and after a violent resistance, succeeded in arresting the prisoners and WALTERS who was in custody, but was not put upon his trial.

The learned Chief Justice left the case to the Jury, who found the prisoners guilty; but he reserved for the consideration of the Judges the question whether this demand of a gun, which was not in the house, from a person not the owner, and who had not then the possession of it, supported the indictment under the Statute 9 G. IV. c. 55,s. 6{a). Eleven Judges, (DOHERTY, C. J. C. Pleas, being absent) unanimously held that the conviction was right.

(a) Repealed by 1 Vict. c. 87; but s. 7 of the latter contains similar provisions, as far as this case is concerned.

18 Jul. 1834 Co. Monaghan Assizes Crown Court

The Chief Justice BUSH arrived in this town from Dundalk on Sunday evening, and Justice JEBB this morning.

Jury sworn;
Evelyn John SHIRLEY Foreman
Richard MAYNE
Gustavus M. WARNER
Richard John M’DOWELL


Edward MAGENNIS and Michael HANRATTY were indicted for being present at the murder of Francis HUGHES, near Castleblayney in July, 1833 he having received the blow of a stone from one Arthur HANRATTY, of which he afterwards died, prisoners at same time aiding and abetting.
In this case, which occupied the court a considerable time and in which the crown prosecuted, there was no evidence to affect the prisoners. A fight, it appeared, had taken place between the prisoners party and another connected with the deceased, on leaving Castleblayney fair in July of last year. The deceased, who had a horse, afterwards proceeded on his way home, in company with a man named DUFFY, who sat behind him on the horse. The prisoner MAGENNIS passed them on the road and some words ensued about a former quarrel: deceased then “butted” the whip at prisoner, who caught hold of it, and pulled deceased off the horse; Arthur HANRATTY, who has fled the country, then struck him with a stone on the forehead, from the effects, of which blow it was alleged, that he died, 8 weeks after. Michael HANRATTY, the prisoner, was heard to use some threatening expressions towards the deceased, previous to his receiving the fatal wound; but no blow was given by the prisoners to the deceased – Not guilty

Stealing a book

Edward M’GRANE an old man, was indicted for having in his possession and selling to Michael FEE, a book which had been taken out of the house of Michael KEELAGHAN in Dec. 1832

Michael KEELAGHAN examined – On 2nd Dec. 1832, his house was broken into by a party and robbed; he himself was beaten till they left him for dead; saw a book that was taken on that night with a pedlar named Michael FEE in Castleblayney; on 11th June witness got it from the pedlar and gave it to Sergeant ROBINSON, of the police. (Here the witness identified the book, a copy of the psalms of David.) Cross-examined – Has known the family of prisoner for 2 years past; he lives near to witness; thinks the son had something to do with the robbery. Michael FEE, the pedlar, deposed that the prisoner proffered the book in question for sale, and he did not wish to buy it, as it was a bad selling book; after some hesitation, he gave him one penny for it and prisoner bought a Manson’s spellingbook; the book was claimed by prosecutor 2 hours after he got it from the prisoner.
Mr. WRIGHT, in defence of prisoner, relied on the length of time from the loss of the book until it was disposed of by the prisoner, as sufficient to convince the jury that it must, during that time, have passed through different hands. In charging the jury, his Lordship said there was no
evidence to show how the prisoner came by the book, but if they had any doubt on the subject, the prisoner was entitled to the benefit of it.
The jury in a few moments returned a verdict of aquittal.

Assault and robbery
Thomas LUCKEY was indicted for assaulting Patrick and Nancy CORRIGAN 1st March last, at Ballybay and stealing from the latter her cloak, in which 15s. in money were tied up. In this case, from the darkness of the night the prosecutor could not be certain as to the identity of the prisoner. He was, it appears, stopped on the road, on his way home by a man, who gave his
name as George GRIMES. He was knocked down and beat, as was also his wife, whose cloak was taken off her shoulders. The prisoner was afterwards got in company with a girl of bad fame, in Monaghan, who had the cloak on her. A respectable man, named GRIMES, deposed on oath that the prosecutor came to his house and charged his brother, saying he would swear against him and none other; but on finding he was engaged at the time at his work, in the town of Ballibay, swore against the prisoner, who, he said, was very like him. The prosecutor’s wife was examined but she did not know the person that beat them – not guilty.

Violent Assault
Michael NUGENT was indicted for assaulting and stabbing William M’KENNA with some sharp instrument, in Glasslough, on 1st November.
The prosecutor, a young man and apparently quite lame, was examined by Sir Thomas STAPLES. He deposed that, on Halloween night, in Nov. last, he was drinking in one Francis RAVERTY’S house, in Glasslough, where he lived: NUGENT, the prisoner at the bar, was also in RAVERTY’S, together with other persons, friends of the prosecutor; prosecutor left RAVERTY’S about 2 or 3 in the morning and went home to to his bed; when preparing to do so, W. CAMPBELL came to his window and said “Will you not come out and prevent murder?”- The prosecutor went out, and saw that a scuffle was going on. The prosecutor, after some time, went in company with CAMPBELL, to get a man who had been then much beaten dressed; on
their way home they were attacked by 3 men; the prisoner came up first, and desired witness to stand back, on which he stabbed him in the thigh with some short, sharp instrument; he then went to Dr. HENRY’S, and got it dressed; has been confined with it ever since. William CAMPBELL corroborated the testimony of the prosecutor, and deposed that he had been stabbed by the prisoner, at the same time, in 5 places; three in the thigh and 2 in the arm, yet did not prosecute him.

Doctor HENRY of Glasslough swore that prosecutor’s wound was calculated to occasion continual lameness. A long defence was entered into, to show that the prosecutor had given previous provocation, which was of some measure established. The prisoner received a good character.
The Jury returned a verdict of guilty and the court said it was discretionary with him to transport or imprison, but although he must make an example, still, there were some favorable circumstances which would occasion him to refrain from transporting. Sentence not passed.

James TRAINOR a young man, was arraigned for that he, with others, did assemble in procession, on St. John’s day and St. John’s eve, at Toyhallen, in this County, to the annoyance of his Majesty’s subjects and did then and there parade with flags and arms and music, thereby causing religious animosity between Roman Catholics and Protestants. The prisoner pleaded guilty. The court ordered his plea be taken, and desired him to put past. The prisoner had no counsel. While the Jury were closeted on the assault case, the following new one was sworn;

Alex. WADDELL (Foreman)
Issac M’CABE
James REID
William GILLIS
Richard WRIGHT
Patrick CUSACK

burglary and robbery
James MOHAN was indicted for burglary and robbery in the house of Peter and Mary CASSIDY on 26th April last. It appeared that the prosecutor’s house had been entered by a party on the night in question, and that himself and wife were tied in bed, beat, abused, and robbed of £4, 7s. 6d., but the prisoner now charged, neither one nor the other, could positively swear against. He was in consequence acquitted.

Shooting with Intent
Charles MAGEE was indicted for firing at Patrick M’KENNA, on 14th December last, at Emmy, with intent to do him grievous bodily harm.
The prosecutor deposed that he was passing by prisoner’s house on the morning of the day in question, when the prisoner took aim at him with his gun, cocked and discharged it; several pickles of shot entered his head and body and caused blood to flow; he walked to prisoner, and asked why he did so, when he put his hands in his pockets, and laughed at him; witness went afterwards to Dr. MURRAY and got some of the pickles extracted.
Two other witnesses proved that previously the prisoner had said he would have revenge of prosecutor for not attending a raffle he had for a pistol.
Dr. MURRAY deposed to extracting the pickles, but said prosecutor’s life was not endangered. In defence several witnesses proved that prisoner was shooting sparrows at the time, and that prosecutor was wounded accidentally. After a lengthened hearing, the jury acquitted the prisoner.

Edward MULLAN was indicted for aiding and assisting, with others, in the murder of James M’CORMICK in April 1833.

Felix HUGHES – Knew James M’CORMICK; saw him on 29th April, last year; he came into a meadow where witness was working; John M’AVIN, who killed him, followed him – the prisoner also came into the field; M’AVIN challenged witness to a fight, but he refused; M’AVIN and deceased began to fight, when witness interfered to save the deceased, who was his brother-in-
law, but the prisoner caught hold of him, and prevented him from assisting to save him; deceased was knocked down several times by M’AVIN and as a consequence of the beating he then received, died in 5 days after.
Cross-examined – MULLAN did not interfere the fight. by the Court – There was a number of people in the field; there were 5 or 6 came to witness’s
assitance; There were 10 of prisoner’s party.
Dr. Hugh CONNOLLY deposed that deceased died in consequence of the contusions inflicted by the beating.
The jury returned a verdict of not guilty.

22 Jul. 1834 Assizes Murder
Pat. M’CARRON, Pat. M’MAHON, and James M’KENNA, were arraigned for the wilful murder of John CARGILL 19th July 1833 Teedavenot, in this County. The prisoners were given in charge to the following jury;

William GILLIS
Thomas HOY
Chas. KERR
Alexander LEATHERS

Mary CARGILL – Was wife to the late John CARGILL; he died on 2nd Aug. this July twelvemonth; lived then 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 o’clock; remained with him until he had done his breakfast and commence his work again; witness then went to Owen WOODS in consequence of a message she received; there are several of the name in that neighbourhood; it was Owen WOODS house she went to; it was about a quarter mile from WOODS’ to where her husband was; witness remained in WOODS’ house about a quarter an hour, when she heard a shot and then ran out; could see where her husband was working; went to a place which was 9 perches from him and saw 5 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 3 prisoners, being 3 of the 5 she saw) on seeing them beat her husband, ran to Drumdark bog for help; there was number persons working 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; coming to WOODS again from the bog heard a noise and the men insisted on her running back, they said she would be killed 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 byelane; there was a crook in the lane; 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 3 persons she has already identified; saw the same persons this time twelvemonths 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 Anketells Grove, or Glasslough; saw 2 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 the road when she saw the last three; the 2 came along the new road, coming from Anketells Grove; it was not long until the 3 others came; they were coming from the new house her husband was building; she saw the 2 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 7, 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 3 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 ones 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 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 2 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 – Her husband died 2nd of August; the beating took place on 19th July; lived then at Cappagh, about 2 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 5 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 9 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 20 perches; would not say that it might not 20; 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 5 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 in 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 today; her husband saw the prisoners that evening; her husband was with her on the road; he saw prisoners and the other two on the road; supposed her husband spoke to them; it was at
7 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 – Knew the late John CARGILL saw him on 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 7 o’clock in the evening; between 3 and 4 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 7 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; 3 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 3 persons and 2 the first; prisoners were of the party; knew them when he saw them again; they remained about 3 minutes on the road; deceased stopped a short time with them; witness and Mrs. CARGILL went a piece, when they called the deceased to them and he came; the three men then went off on the new road that leads to Edenmore and Aughnacloy.

Cross-examined – 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 – Knows the farm that belonged to deceased at Drumcoo; was working 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 5 persons on the road; they were not all together; saw M’CARRON, the prisoner, come first up; two more were with him, MULLIGAN 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; did not speak to any one in particular; they went in the direction of Emyvale; about 2 or 3 minutes after two others followed; M’KENNA was one 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 – First saw 3 men come and 2 shortly after; CARGILL and his wife were on the road; it was about 7 o’clock when he saw the first 3 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; 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 last assizes.

Mr. Brady – Did you say you were not examined at last assizes because you would have sworn that 2 of the prisoners were not there, and that you were not so well acquainted with the other as to know him?
Witness – l never told any person so, nor could swear any such 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 3 persons up, and then two; it was about 4 minutes distance between the 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 – 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 5 or 6 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; heard 2 or 3 shots fired after they went away; witness lives convenient to Drumdark bog. Cross-examined – 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 the same townland with witness; he lived in it for some time after this transaction, and went to Killough, about 2 miles from where witness lives; saw CARGILL after he got the beating; had no curiosity to ask him.

Sir 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 – 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; 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 look to Jesus Christ, for his time in this world was very short; deceased said he knew this; witness desired him to speak 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 the first time he was beat; found 2 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 – Was called 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 2nd 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 5 divisions; went first to M’CARRON’s house; surrounded M’CARRON’s house; placed his men on the roof, 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 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.

Dacre HAMILTON Esq., 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 3 prisoners at the bar.


Catherine WOODS – 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 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 3 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 3 men engaged at this, and 2 running after a jennet on the opposite side of the road; saw 5 in all; Mrs. CARGILL went up to Thomas WOODS’ 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; 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 3 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; was uncle to witness’s husband.

By a juror – Knows the prisoners at the bar; they are neighbours: there were neither off 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 5 men, some whom were armed, running from the meadow; witness and M’COY after the men got away, went down to the meadow and 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 in 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, 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 261⁄2 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.

Rev. Charles M’DERMOTT, Rev. Charles McMAHON, 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 dayon 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 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 5 o’clock, without having been able to agree to a verdict.

This is the 2nd 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.

Bryan CUNNINGHAM was placed at the bar, charged with the murder of constable DAWSON, on the 27th Nov. 1832 near Carrickmacross, while engaged in the collection of tithes. The principal witness was an approver named BOYLAND and he, having been corroborated by other witnesses, the jury, after having been closeted for 2 hours, returned a verdict of guilty. The Chief Justice immediately passed sentence death and ordered him for execution and to be hung in chains Friday next.

14 Mar. 1835 Assizes

Patrick M’CARRON, Patrick M’MAHON, and James M’KENNA, for the wilful murder of James CARGILL at Teedavenot on 19th July, 1833.
The jury, as on 2 former occasions, did not agree.

John GOODMAN, Charles M’KENNA, and James HAMILL, for the wilful murder of Richard DAWSON, sub-constable of police on 27th Nov., 1832. The prisoners in this case were discharged by consent of the crown.

Catherine CLUSKY for deserting her infant child – Guilty to be imprisoned 1 week
Eliza M’MAHON for steeling calico. Guilty to be imprisoned for 9 months.
James WHEELAN for picking pockets. Guilty to be imprisoned 3 months.
Bridget SMITH for passing bose coin. Guilty to be imprisoned 12 months
James CARROLL for sheep stealing. Guilty to be transported for life.
Margaret DUNNING for passing base coin. Guilty to be imprisoned 3 months.
Bryan HANLON for deffiling a child, under 12 years of age. Guilty to be imprisoned 12 months at hard labour.
M’GLOGHLAN and M’AREE (no 1st names mentioned) for stealing flax. Guilty sentence not passed.
Patrick FOY fo pig stealing. Guilty to be transported 7 years.
James MARTIN for stealing a cart. Guilty to be imprisoned 3 months.

James TIER for stealing watches. guilty to be tramported 7 years.
James M’KENNY for assault. Guilty to be imprisoned 3 months and pay a fine of £2.
James CONNOLLY for an assault and _ (?) McAVIN for manslaughter. Both guilty sentence not recorded.
James MILLS for abduction. The jury, at post hour had not agreed, they being at that time 6 hours closeted.

21st Jul. 1835 Assizes CARGILL’S Murder

This case, which has already undergone the ordeal of 3 trials, on each of which the jury could not agree, was again brought before the court and the prisoners charged,Patrick M’CARRON, Patrick M’MAHON and James M’KENNA, were placed at the bar and for the wilful murder of John CARGILL, in August 1833. The prisoners were severally asked by the clerk of the crown if they still persisted in their former plea of not guilty, which they negatived, and said they now pleaded guilty of manslaughter.

His lordship sentenced the prisoners to be transported beyond the seas during their natural lives.

Other sources found at Google Books “Historical sketches of Monaghan” 1895; “Cases, chiefly relating to the criminal and presentment law, May 1822 to Nov. 1840” pub. 1841; “Reports from Commissioners of Parliament Vol. 28”; “Return to an Order of the Honourable The House of Commons dated 18 Feb. 1836”