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  • Co. Tyrone Assizes 1847

Co. Tyrone Assizes 1847

Transcribed by Teena from the Derry Journal, Londonderry Sentinel and the Northern Whig.

10 Mar. 1847 Assizes (Omagh)

Terence T. DOLAN – the clerk the crown
Richard LLOYD Esq. – Sheriff

Grand Jury;
Lord Claud HAMILTON M.P., Foreman
Sir Hugh STEWART Bart.
Charles BOYLE
Robert W. LOWRY
Walter HOARE
Francis J. GERVAIS
Robert WRAY
William VERNER
Francis ELLIS
James M. REID
Joseph GREER
Henry D’ARCY
Robert EVANS
Charles SCOTT
David WHITE Esq.
C. C. DAVIDSON Esq. Sub-Sheriff

Jane PATTERSON and William LOY – murder of James PATTERSON trial postponed from last assizes.

Hugh MULLIN, Pat. MEANS, Pat. DEVINE and Charles MEANS – attacking the house of Wm. GIBSON of Glassmullagh

Arthur M’COURT – inflicting wounds and bruises Margaret M’COURT

John M’NAMEE – rape on Matilda HART

Edw. COURTENAY – uttering forged note at Mullineal

Francis DUNN – stealing letters out of the Dungannon and Coalisland mail bag

William BURNETT – house-breaking and robbery at Craighill

Anne M’COLIN – vagrancy

Hannah HARVEY – larceny at Shaneragh

Owen M’DUNN – robberies at Lisnahanna and Bohea

James M’VEY – larceny at Fintona

John MULLOY and Pat. M’GINNES – stealing meal from Richard GOODWIN

Diana BROWN – having stolen goods in her possession, in Strabane

Leslie M’KENNA and James MARTIN – robbery of Owen MULDOON at Craighill and housebreaking and robbery of Sarah BEATTY

Francis SLOAN, Thomas GREER, Wm. REED and Andrew DAVIDSON – attacking the house of Owen MULDOON of Craighill.

Bryan M’GINLEY and Mary M’GINLEY – having stolen goods in their possession the property of the Rev. R. HUME of Urney.

Catherine MORROW – having robbed Samuel AMOS at Fintona, of 15s.

Adam LEITCH and Johnston LEITCH – stealing a heifer from Jane ARMSTRONG, of Breen

Arthur PORTER – having the hide and carcass of a stolen heifer in his possession

Anne CAREY – stealing a gold watch from the shop of Mr. Robt. CROOKS of Fintona

Bernard BOYLE and Mary BOYLE – stealing a bundle of linen yarn, from the shop of John WEIR, of Stewartstown

Wm. CLEMENTS – threatening Francis WHITTLE and robbing him of money – transferred from Dungannon sessions

John DOUGHERTY – having a stolen horse in his possession.

John M’CARRON – having stolen a quantity meal and a padlock, the property of Thos. WILEY Drumskinney

John BEATTY – having stolen wearing apparel, the property of the Omagh poor law union

George INGRAM – having stolen wearing apparel, the property of the Strabane poor law union

James EVANS and Alexander EVANS – burglary and robbery of meal, the property of John MOONEY

James BOOTH – burglary and robbery of meat and wearing apparel, the property of Bernard QUIN, of Crossdermott.

William BUCHANAN – burglary and robbery of Sarah BEATTY

Rebecca Jane PORTER – having the skin of a stolen heifer in her possession, the property of Jane ARMSTRONG of Breen

John CULLAN – housebreaking – transferred from Dungannon sessions

Jane BENTLEY – larceny – transferred from Dungannon sessions

Robert JORDAN – transferred from same sessions – crime not stated in calendar

John M’BRIDE – having in his possession a stolen gown, at Dungannon

Isaac POTTER – burglary and robbery of Henry HAMILL of Carricklongfield

Thomas JOYCE – stealing a coat out of the shop of James KYLE of Cookstown, also having in his possession a plough stolen from James ANDERSON of Cookstown

Margaret CHAMBERS – larceny from the shop of J. J. GORDON, Strabane

William TOHAL – housebreaking and robbery of Hugh DEVINE

James MITCHELL – housebreaking and robbery of Terence STARRS, also having stolen goods in his possession the property of James SHERARD of Fintona

Biddy DAVIS – having stolen goods in her possession the property of Biddy M’LOUGHLAN

Anne BOGAN – stealing wearing apparel from Bridget HENRY

Jane M’ELGREW – lunacy

Thomas SMYTH – having stolen goods in his possession, the property of Bernard NORRIS

Patrick M’CULLAGH – having the hide and beef of a stolen cow in his possession, the property of Dominick WRIGHT

Thomas HERVEY and Margaret HERVEY – assisting in assault and rescue at Glenkeen

William M’DADE – having a stolen heifer in his possession, the property of Wm. M’BETH of Leckpatrick

Mary MITCHELL – stealing potatoes, the property of Daniel M’MULLIN

John MORRISON – having taken a quantity of hay at Gortmore, the property of John HAMILTON

William BROWN – stealing a goose

James TAGGART – lunacy

Daniel MORRIS – stealing meal from the house of the Rev. Mr. TRAYNOR

William BROWN – larceny from the shop of Hugh M’QUADE of Dromore

Rose M’PHELEMY – stealing wearing apparel from Margaret RAMSAY

Ellen GLENN – larceny from the shop of the Messrs. John VALELLY and Co. Dungannon

John DONAGHEY – obtaining goods under false pretences from John HALL of Lismullagh

Jane WALSH – having stolen goods in her possession at Dungannon

Robert FORBES – having stolen goods in his possession, the property of James MAGUIRE

James M’NAMEE, Stephen RICE and John KELLY – having in their possession a goose, stolen from Anne STEWART

James M’ANALLY and Hugh M’KENNA – burglary and robbery of Robert HADDON Carricklongfield

Pat. M’KENNA – stealing a cow, the property of Wm. HAMILTON of Woolmount

Andrew COWAN – stealing a cock, hen and a spade, the property Jas. MANN

John ARMSTRONG – offering a stolen cow for sale

Allen MARSHALL – stealing hens, the property of the Rev. Moses CHAMBERS

Patrick BOYLE – having in his possession a shirt, the property of Geo. WADDLE

John M’ILVENNY and David BARNES – stealing a bullock, the property of Fred. LINDSAY Esq.

Sarah CURRY – stealing turnips from Jane KENEDY

Jas. HOOEY – having stolen oats in his possession, the property of John SIMPSON

John WILSON – having a shirt in his possession the property of Wm. COWAN of Loughgall

James M’CLERNAN – stealing a pocket-book containing a quantity of money

Robert NEVILLE – stealing a sack of meal out of the market house of Aughnacloy

Thomas SMITH – having in his possession a quantity of meal, stolen from the house of the Rev. Thos. MARSHALL

Toal M’VEY – having a quantity of flax in his possession the property of Pat. M’SORLEY of Drain

George IRWIN – having stolen beef in his possession the property of Robert CARSON

Eliza NEILL – having in her possession wearing apparel the property of Isabella BROWN

John WARD – having in his possession a quantity of flax the property of Jas. WARNOCK

A. M’KEW – having in his possession 3 iron chains the property of Thos. LILBURNE of Dungannon

Ellen MULLAN, Mary MULLAN, Jane SLEAVIN, Margaret WOODS and Toal M’ANALLY – vagrancy

David STOTHERS – having a quantity of oats, stolen from John G. M’GOWAN

John TRUEMAN, Robert TRUEMAN, James TRUEMAN, Joseph M’MULLAN, Robert REID and Robert M’NEILL – having been of a party who entered the house of Owen M’ELDOON December last and robbed him of whiskey, tea, sugar &c.; also with being of a party who, on the night of 2nd January last, broke into the house of William HINCHY, with intent to rob him; also the above named Robert REID, being of a party who, on the 2nd January last, attempted to rob James OLIVER.

13 Mar. 1847 Tyrone Assizes

John M’CARRON was indicted for that he on 19th January at Drumskinney, did feloniously break into the house of Thomas WYLIE and steal therefrom a quantity of meal and a padlock.

From the evidence of Thomas WYLIE it appeared that he had left the door of his house locked on the evening of the day in question and found the door broken open on his return and the lock and a quantity of oatmeal abstracted; went to the house of the prisoner, accompanied by Head constable RANKIN and found the lock there, which, on being handed to him, he identified as being his property, but could not swear to the meal. Guilty of stealing the lock – to be imprisoned 4 months and kept to hard labour.

Patrick M’GINNESS and John MULLOY were indicted for assaulting Richard GOODWIN (a blind man) at Knockadrean, near Aughnacloy, on the 24th December and taking from his person a bag containing some loaves of bread. Not guilty.

William CLEMENTS charged with stealing on the 17th November, some silver coins, the property of Francis WHITTLE, on being arraigned, submitted – to be transported for 7 years.

Mary BOYLE was indicted for stealing at Stewartstown on the 9th November, one hundred hanks of yarn, the property of Robert HENDERSON. Submitted – to imprisoned 6 months from time committal.

James MITCHELL was indicted for stealing at Fintona, on the 3rd February, a pair of socks, a piece of linen and other articles, the property of James SHERRARD.

Bridget CASSIDY examined – Lived in the service of Mr. James SHERRARD, Fintona; had washed some clothes for him and put them on a garden hedge to dry; missed them and found them in possession of Sub-Constable SMYTH. (The articles were handed to witness and identified as being the property of Mr. SHERRARD.)

Sub-Constable SMYTH deposed to finding the articles covered up under manure in a room in the house of the prisoner. Guilty – to be imprisoned for 4 months and at the end of that time, (for burglariously entering the house of Terence STARS and stealing therefrom ducks, oatmeal &c., to which indictment the prisoner pleaded guilty) – to be transported for 10 years.

John M’CUTCHEON was indicted for stealing, at Ricarson, on the 16th February, a ewe sheep, the property of John M’DONNELL. It appeared in evidence, that the prosecutor blamed a man named M’MULLIN for first stealing the sheep, and first searched for the carcase in a house in which he was in the habit of lodging, but he found the skin and two legs of mutton afterwards in the house of the prisoner, to whom, however, he gave a good character, as also did Mr. David DENNY, the foreman of the jury. Not guilty.

Eliza NEILL was indicted for stealing on the 23rd February, a stuff bonnet and other articles, the property of Isabella BROWN. Submitted – to be imprisoned 3 months and kept hard labour.

Hannah HARVEY was indicted for stealing sundry articles, the property of Sarah MARTIN of Shaneragh. Submitted – to be imprisoned 3 months and kept at hard labour.

Patrick M’CULLAGH was indicted for stealing, at Tully, on the 10th of February, a cow, the property of Dominick WRIGHT. Submitted – sentence deferred.

George IRWIN was indicted for stealing at Mullagharory, a bull calf, the property of Robert CARSON. Not guilty, the property not being identified.

William M’DAID was indicted for stealing on the 1st of February, at Leckpatrick, a heifer, the property of Wm. M’BETH.

William M’BETH examined – Lives at Leckpatrick; purchased heifer from the prisoner in the fair of Donemana, for which he paid him £2; she was stolen; saw her afterwards with the police.

Sub-Constable Richard PATTERSON examined – Met the prisoner driving a heifer between 11 and 12 o’clock on the night M’BETH lost the heifer; she was claimed afterwards by M’BETH.

Constable SWEENEY, examined – Met prisoner 6 miles further on, driving heifer, about 2 o’clock next morning; M’BETH claimed her as his property.

Sub-Constable Alexander M’ALISTER examined – Arrested the prisoner in Ballybofey on the 5th of February; he said, when witness took hold of him, why did the police, when they saw him with the heifer, not arrest him if had stolen her; searched his person and found a pound note and eighteen shillings of silver upon him; gave the silver to his wife at the direction of the magistrates; witness has still the pound in his possession. Guilty – to be imprisoned 9 calendar months and kept to hard labour.

Toal M’VEY was indicted for stealing at Terryglassock on the 1st of February, twelve stone of flax, the property of Patrick M’SORLEY. Guilty – to be imprisoned 9 months and kept to hard labour.

Alexander ELLIS was indicted for committing a rape on Mary Jane HUEY, at Hollyhill, the 18th of September. Not guilty.

Robberies at Urney House

Brian M’GINLEY and  Mary M’GINLEY were indicted for that they, on the3rd January at Urney, did steal twelve pieces of beef, twelve pickled tongues and twelve pounds pork, the property of the Rev. Robert HUME. The prisoners, being arraigned on this charge, submitted.
Brian M’GINLEY was then indicted for stealing, on the 16th November, at Urney, twenty stone of oatmeal and two padlocks, the property of the Rev. Robert HUME.

Owen BOYCE examined – Lived with the Rev. Robert HUME on the 10th of November; had charge of his granary; the door was found open and a bag of meal taken out of it; the prisoner lived formerly in the service of the Rev. Mr. HUME.

Rev. Robert HUME examined – Lived Urney in the month of November lust; computed that there was about 1 cwt. of meal taken out of the barrel; the door was secured by two locks; had placed the locks on himself; saw the locks, after the discovery of the meat in M’GINLEY’S house. (The locks were here produced and identified by Mr. HUME as those which he had on his granary and barrel. Mr. HUME described one of the locks so found in the house of the prisoner very minutely before it was produced.)

Head-Constable ANDERSON examined – Found the locks concealed in a house which the prisoner acknowledged to be his residence; they were found on a dresser; the prisoner was not in the house at the time the locks were found.

Sergeant BUSBY – Searched the house of M’GINLEY on the morning of the 6th January; found beef, tongues and salmon in it. Cross-examined by the prisoner – Did not observe the locks in the house; made no search for them. Guilty.

His Lordship then ordered up Mary M’GINLEY and after stating that she and Brian M’GINLEY had both pleaded guilty of stealing the beef and tongues and that Brian M’GINLEY had been found guilty of stealing a quantity of oatmeal, the property of his former master, concluded by sentencing them both to be transported for 7 years.

More assizes

James HOEY indicted for that he, on the 22nd February did steal at Crilly, ten sheaves of oats out of a stack, value one shilling each, the properly of John SIMPSON – Guilty

Ann CAREY was indicted for that she, on the 20th January, did steal out of the house of Robert CROOKS, one gold watch, value 5£, the property of Mr. BURNSIDE.

Robert CROOKS, watchmaker, was examined by Mr DOLAN clerk of the crown and on the watch being produced, deposed to its being the same that was stolen out of his window.

Anne MACKY, his servant, deposed to taking hold of the prisoner on the street and giving her in charge to Constable FLOYD, by whose directions, when brought into her master’s house, she searched her and found the watch in her breast. Guilty. It appeared on inquiry that the husband of the prisoner, who said she was from the County Roscommon, had been transported, when his Lordship observed that he would have to transport her also.

David BROWN was indicted for stealing, at Strabane, on 5th January, a shawl, the property of Anne KNOX. Guilty – to be imprisoned 3 months and kept hard labour.

Patrick MAGEE and Bernard MACKIN were indicted for riotously assembling on the evening of the 20th June, at Sessaughmore, with others, in a manner calculated to create well-grounded alarm in the minds of her Majesty’s subjects.

The prosecution in this case was conducted by Mr. SMYLY Q.C. and the defence of the prisoners conducted by Mr. STRONGE.

From the evidence of Alexander MOUTRAY who was examined for the prosecution, it appeared that a party of men, supposed to be Orangemen, were coming in the direction from Castlecaulfield with fifes and drums; that he heard they would be attacked and accompanied them to try to prevent it; saw the prisoners, who were armed with guns, on the road along with an opposite party; observed them cross a ditch, saw MACKIN present a gun and fire a shot in the direction of the Orangemen.

Matthew DICKSON, Robert WILSON and Kennedy WILSON corroborated the testimony of the first witness.The last witness stated that after the shot had been fired, he observed part of a branch over his head drop. Guilty

James M’ANALLY, John M’ANALLY, and Hugh M’KENNA, were Indicted for forcibly, with others, entering the house Robt. HADDON at Carricklong and taking therefrom nine stones of dressed flax, his property. It appeared in the course of this trial, that the prosecutor had sworn informations three several times and that did not name the prisoners, but other persons, on two of these occasions. He also first swore to five men entering his house and on the trial to six. prisoners were defended by Mr. LOWRY. Not guilty.

Thomas SMYTH was indicted for that he, on the 23d of February, did burglariously enter the house of the Rev. Thomas MAUNSELL, Dundiven and take therefrom a quantity of oatmeal and a sack. From the evidence of Thomas MARTIN, who was examined by Mr. SMYLY,  it appeared that the house of Mr. MAUNSELL had been broken into and the meal carried away, the night in question and tracks of footsteps were observed in the direction of the house of the prisoner, in whose garden two sacks containing meal were found buried, one of which belonged to Mr. MAUNSELL. The prosecutor gave the prisoner good character. Not guilty

Another prisoner, named Thomas SMYTH was indicted for having in his possession at Rock, on the 29th  of January, two shirts, a shift and a piece of calico, the property of Bernard NORRIS. – Guilty.

James M’LAREN and William BROWN, two little boys, were indicted for picking pockets. Submitted – to be imprisoned for 6 months and kept at school.

20 Mar. 1847 Conviction of two Murderers

At the Tyrone Assizes, on Wednesday last, William LAY <sic> (LOY?) and Jane PATTERSON were arraigned for the murder of James PATTERSON on the 14th of April, 1845. The female prisoner was the step-mother; and LAY, half-brother of the deceased, whose father had died some time previous to the murder. Shortly after his death, the widow, who was his second wife, was anxious to dispose of the farm which he possessed ; but young PATTERSON, who was a mere boy, refused his consent, alleging that the land was his alone, and hence arose the quarrel between the parties, which terminated in the murder, by strangulation, of the unfortunate boy.

The land was subsequently sold for 50£ and the prisoners went to Glasgow, for the purpose of taking shipping to America. Some time afterwards, the body of young PATTERSON was discovered by a little boy, in the gullet near the mearing of a garden and when dragged out, the face was all mutilated, the right foot up to the calf of the leg had been eaten off, the eyes were taken out, and the scalp of the neck was hanging down the neck. Suspicion fell upon the prisoners, who were arrested in Glasgow. The evidence was entirely circumstantial, but quite conclusive of the guilt of the unnatural relatives. The jury, after a few minutes deliberation, returned a verdict of  “guilty” and on the following day, Mr. Justice TORRENS sentenced both prisoners to be executed on Saturday, the 24th of April.

24 Jul. 1847 Assizes

Patrick WELSH was indicted for having stolen a cow, the property of Robert FORSYTH of Drumstrade, on 30th April last. Guilty to be transported for 7 years.

James TAYLOR was charged with having stolen a cow, the property of Ann QUINN, Brackavill, on the 14th July last. The prisoner was the brother-in-law of prosecutrix, who, it appeared, had nominally purchased the cow, from his brother-in-law, to prevent the execution of a decree. His Lordship directed the jury to acquit the prisoner.

James M’GLINN was also indicted for stealing a cow, the property of Thomas M’CANNA, Prucklish, the 25th March last. Not Guilty.

Patrick HORISH for stealing a cow, the property Wm. Wilson CROSSAN on 15th February last. In this case the cow had, from charitable motives, been lent to the prisoner, who never returned her. The offence not, however, amounting to a felony, the prisoner was discharged.

John BURNS and David BURNS for stealing a cow, the property of George HEWEY 28th April last. Guilty. Both to be transported for 7 years.

31 Jul. 1847 Assizes

George CAMPBELL and Bernard CORR were convicted of having a quantity of stolen meal in their possession. – Sentence, 9 months imprisonment.

Patrick LYNCH pleaded guilty to the charge of having a quantity of stolen meal his possession, the property of Thomas LYONS

Archy PENDERGRASS was arraigned, charged with feloniously killing a mare, on the 10th April, the property of John MACKAY.  Acquitted and discharged.

George HEWSON, John M’GURK, Robert GALLAHER, Peter DONNELLY, Robert DONOHOE, John COYLE, John HEWSON, James RICE, and Robert DOBSON, were indicted for riotously assembling in the town of Dungannon, on the 1st and 12th of July. prisoners traversed in prox.

Matthew WALKER and Urcella WALKER were indicted, that they, on the 8th of Aug. in the town of Aughnacloy, did forge an order for payment of money, with intent to defraud Esther SPEER. There was another count, charging the prisoners with intent to defraud the trustees of the Savings Bank. Not guilty.

Catherine M’KENNA for stealing a hen, at Tullylearn, on the 10th July. guilty fined 6d., and discharged.

William CHAMBERS was convicted of stealing a sum money, on 7th July, the property of James LONE. (?)

Ann FOSTER was convicted of stealing five Bank notes, on the 16th July, the property of John GOURLEY. The prisoner was sentenced to 7 years transportation.

Margaret O’HARA and Ann FAWCETT were charged with stealing fifteen hens on the 1st July Cornamuckla Guilty – to be imprisoned 3 months.