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  • Co. Tyrone Assizes 1848

Co. Tyrone Assizes 1848

Transcribed by Teena from the Derry Journal 15 Mar. 1848

Edward M’DONALD pleaded guilty to an indictment for larceny, at Balligawley, on the 27th January last, of the goods of Michael CONNER. To be imprisoned four calendar months, from date of committal, with hard labour.

James M’MAHON pleaded guilty to an indictment for having on the 22nd Dec. last, at Desertcreat, burglariously entered the dwelling of Catherine MACKAY and stolen several articles therefrom. Another charge for robbery appearing on the calendar against the prisoner, he was sentenced by the court to be transported for ten years.

Burglary and Robbery – John DUNSEATH indicted for having on the 14th February at Stewartstown, burglariously entered the dwelling of Agnes SPEARS and stolen therefrom a sum of money amounting to £13. Not guilty.

Coining – John SCROGGY and Robert SCROGGY for having on the 18th October last, at Lagane, had in their possession ten pieces of counterfeit coin resembling pence and a number of coining implements. Not guilty.

Burglary and Robbery – Arthur M’AWARD for having on the 23rd November last, at Glencoppaga,burglariously entered the dwelling-house of Michael M’CULLOUGH and stolen a chest containing meal and several other articles therefrom. Not guilty.

Coining – Jane HENRY and Bridget DEVLIN for having on July 4th last at Fintona coined and coloured a number of counterfeit coins resembling half-crowns and for having base coin in their possession. Head-constable ROBINSON, of Omagh, deposed that he searched a lodging-house in Gortmore kept by a person named O’NEILL in July last; found the prisoners in the house; saw Jane HENRY at the window in the act of rubbing base coin with a white powder; found a bowl beside Jane HENRY in the window with wash in it; and a half-crown lying in the bowl: directed another policeman who accompanied him, to seize Bridget DEVLIN; the policeman did so and witness turned round and found two counterfeit coins in her hand; also found under her arm a bundle with two files, sandpaper, some wash and eight pieces of counterfeit coin resembling half crowns. To Court – There was no person in the room but the prisoners. DEVLIN was a married woman and her husband had been found guilty of coining and transported for seven years.

Robert William BAXTER examined – Is a watchmaker; examined the coins and declared them to be counterfeit; the colouring stuff was used for silvering; could not say what was contained in a bottle which had been produced by the head- constable.

The jury acquitted the prisoners on the 1st and 2nd counts, which charged them with having made the coin, but found them guilty on the 3rd and 4th counts, charging them with washing the base coins and having them in their possession. His lordship sentenced them to be transported for ten years.

Catherine DEVLIN, a young girl about fourteen years of age, daughter of Bridget DEVLIN found guilty in the previous case, pleaded guilty to an indictment for having base coin in her possession. To be imprisoned for ten months from date of committal

Larceny – John BRACELIN, for having on the 29th January at Strabane stolen a satin vest, the property of Jane CARLAND. There was a second count stating the vest to be the property Constantine CASSIDY. Guilty. The prisoner having received a very bad character, he was sentenced by the court to be transported for seven years. The same prisoner was again found guilty for the larceny of another article contained in the bundle, but as his lordship could not regard it as a separate transaction, no additional sentence was passed.

Coining – Patrick KELLY and James MURRAY for having base coin and coining implements in their possession at Garvillagh (?) on 29th Nov. last. The 1st and 2nd counts in the indictment charging the prisoners with having made base coin, was abandoned by the crown. Not guilty.

Assault with Intent to violate – Owen M’CRORY for having on the 23rd Dec. at Dervaghroy assaulted Mary Jane LEVINGSTON, an infant of seven years of age, with intent to violate her person. Guilty. To be imprisoned eighteen months from date of committal, with hard labour.

Robbery – Thomas KANE for having on the 29th December, at Carricklongfield stolen several articles, the property of Henry HAMILL and put him in bodily fear by threats. To be transported for ten years.

Owen PLUNKETT for having on 10th February last, stolen 12 or 14 stones of potatoes, the property of Chas. CAMPBELL. Submitted. Sentence deferred.

John DONAGHEY for having on 8th July last, at Annaghakinroe, burglariously entered the house of Henry HAGAN and stolen several articles therefrom. Submitted. To be transported for ten years.

Catherine CALLAGHAN for having on the 12th May at Divernagh, stolen several articles, the property of John FULLERTON. Submitted. To be transported for ten years.

James HUGHES for having on the 16th June, at Bockets, stolen 15 shillings and a purse the property of Uriah GAULT. Submitted. To be transported for seven years.

Assault – Thomas CASSIDY for having on 17th July last, at Annaloughen, assaulted Joseph POTTER. Not guilty.

Felony – William M’CLEAN for having on the 17th Nov., at Tully, stolen five shillings from Catherine TAGGART and put her in bodily fear by threats. The witnesses for the crown having failed to identify the prisoner, he was subsequently discharged.

Assaulting dwelling-house – James WHITE, John M’NAMEE and John GWYNNE for having on the night of the 25th October last, at Rylands, assaulted the dwelling house of Neal M’ANULTY. There was a second charge against the prisoners for riot and an assault on Neal M’ANULTY, at same time and place. Not guilty.

Assault and Robbery – Robert PETTIGREW for having, together with Hugh REID, on the 10th Feb. 1842, at Aughasallagh assaulted John M’ANALLY and stolen a sum of money from his person. Not Guilty.

Felix LINN and John LINN appeared for trial as parties concerned in the murder of John HAZELTON, bailiff, at Pomeroy. On the application of the counsel for the crown, the trial was postponed on the ground that the principals concerned in the murder were not yet arrested.

Mary LENON pleaded guilty to an indictment for obtaining goods under false pretences from Elizabeth GRAY of Caledon. To be transported for 7 years.

Robbery – Wm. BROWN for having on the 22th January last, at Fintona, stolen £3 notes, one sovereign, one shirt, one handkerchief, one pair of socks and two German silver spoons the property of Thomas KEYS. Guilty, sentence deferred.

Owen PLUNKETT found guilty yesterday of larceny of potatoes, was sentenced to 3 months imprisonment and hard labour.

Thomas FORD, a little boy, for having on the 21st January, at Lurgaboy, stolen £20 in a paper parcel and calico cloths, value one penny each, the property of John KANE. Isabella HUTCHINSON, the boy’s mother, indicted for receiving same. John KANE deposed to having lost the parcel of notes and to finding the money and cloths afterwards in the possession of the boy’s mother; the boy was servant to Mr. KANE. Constable CORR corroborated Mr. KANE’S evidence to finding money and goods in the possession of the woman. Guilty; each to be transported for seven veers.

Robbery and Receiving Stolen Goods –  Joseph HACKETT, Eliza HACKETT and Patrick HACKETT for having on the 30th November at Fintona, stolen ninety stones of oats, the property of John BUCHANAN. Martha WATT of Fintona, postmistress, indicted for receiving said oats, well-knowing same to be stolen. The jury found Joseph HACKETT guilty, and acquitted Mrs. WATT, Eliza HACKETT and Pat M’ANALLY. <sic> HACKETT was sentenced to be transported for seven years.

Threatening Notices – John BUCHANAN and Jane BUCHANAN were indicted for having on the 19th Dec. last, at Omagh, sent, or caused to be delivered, a letter to William TODD of Dublin, threatening his life if he let a portion of land to William Johnston RUTLEDGE and not to James QUIN. A second count charged Jane BUCHANAN with having written same letter and John BUCHANAN with having aided and abetted. Mr. SCHOALES Q.C., stated the case of the crown detailing the facts as they afterwards appeared in evidence. He read the following letters, which the prisoners were charged with having sent to Mr. TODD;

Mr. TODD – you have come into a quiet neighbourhood and if it is true that you have refused to let your land to Mr. QUIN, and give it to that informer, Mr. RUTLEDGE, prepare for death. Molly Maguire* and her children have been watching you what you would do. This is the first and last notice you will get, so you have been better treated than you deserve.

Mr. TODD – Don’t think I want QUIN only Molly Maguire is angry that you would turn out one tenant and give it to another. I have been engaged to shoot a few others as well as you; but I think you will be shot in Dublin to save your widow the expense of taking your coffin home, remember your  life is in your own hand. I won’t meddle a hair of your head if you do right, but another notice you need not expect.

Wm. TODD examined – Lives in Dublin; was a purchaser of a portion of the Blessington estate; set a portion of land to Wm. Johnston RUTLEDGE about the middle December last; James QUIN had been previously in possession; the lands are part of the Rash estates; John BUCHANAN lives near the property bought by witness; identified a letter handed him by counsel as received by witness at Dublin; the letter was directed to Wm. TODD, hotel, Omagh.

Cross-examined – Knew nothing of the letter except that he had received it as he had stated; witness had had no personal quarrel with John BUCHANAN of Straghroy; knew nothing of Miss Jane BUCHANAN beyond seeing her sometimes on the road with her brother; understood that the father of the prisoners charged with the offence had a house and considerable property in the neighbourhood of the land purchased by witness; there was no competition when the land was set to Mr. RUTLEDGE; has a land steward, Duncan RITCHIE living in a house belonging to Mr. George BUCHANAN, for which witness pays rent; has spoken to Miss Jane BUCHANAN; received no incivility from her.

John Blacker BUCHANAN, sub-sheriff, examined – Is agent to Mr. TODD for the property purchased at Rash; identified a letter as one he had got at the post-office on the 20th December; the letter was directed to “Mr. TODD, hotel, Omagh” and the words “haste on account of death,” were written on the outside; sent the letter to Mr. TODD of Dublin; know Mr. John BUCHANAN and his sister; saw Mr. John BUCHANAN on Saturday before he got the letter; had no particular conversation with him that day; had some conversation with him on the Tuesday after he received the letter; did not know the handwriting of the letter; John BUCHANAN said witness had introduced Mr. RUTLEDGE into the land and that Mr. RUTLEDGE was very unpopular man; witness said he was sorry to hear him use such expressions and said it was injudicious of him to use them, as his doing so, might lead the public to suppose that he had some connexion with the writing of those letters; Mr. QUIN was tenant of the farm which Mr. RUTLEDGE has since got.

Cross-examined – Does not know of his own knowledge who opened the letter; did not send the letter to Mr. TODD on the day he received it; sent it the day after; could not form any opinion as to whether it was unlikely that the person who had written the threatening letter should come to talk publicly about it. To Mr. DENNY, foreman of the jury – Did not believe the letter to be in the handwriting of Mr. John BUCHANAN.

John TODD, woolen-draper, examined – Received from the letter-carrier on the 20th December, the letter in question; identified a letter handed to him, as that he had opened; returned the letter the post-office about half an-hour after he received it, as he found it was not for him; gave the letter to James WALLACE.

James WALLACE examined – The letter-box is always emptied after the couch leaves at five o’clock; the letter-box is again emptied at ten; saw twelve letters not pre-paid when emptying the box on the night of the 19th December; stamped the letters himself; identified the covers as those he had stamped; received a returned letter from Mr. John TODD, on the morning of the 20th. To Mr. MACKLIN – Stamped the envelope; the letter came back opened.

Head-constable ROBINSON examined – Accompanied sub-inspector MURRAY to execute a search warrant in Mr. BUCHANAN’S house of Straghroy; found a thimble in the drawer of a room in the house; took it because it appeared to correspond with the seals on some of the letters; the thimble is of peculiar formation, having one portion of the rim broad and the other narrow; found a blot sheet which he produced and identified; examined the blotting paper before a looking-glass and traced, by the reflection, the words “save your widow”, those were also in the letter; the words correspond as regards handwriting and size; could trace no other portion of the letter by the reflection in the glass. The court was about to send the blotting-paper and the looking-glass to the jury, to which Mr. MACKLIN objected. He argued that it could not be proved that the words in question were not written with a pen on the blotting-paper. There was no proof to show that the words were a copy, or that they had been impressed on the blotting-paper from the letter in question. His lordship ruled that the blotting-paper should be sent to the jury – it was for him to say whether it was evidence.

Constable ROBINSON re-examined. – Found the blotting paper in the room of Miss Jane BUCHANAN; thinks she said when the blotting-book was found that she did not know it was there, but that she had thought it was lost; Mr. John BUCHANAN was in the house, but not in the room at the time; Mr. John BUCHANAN had been in the town and was taken out by Mr. MURRAY when they went to search the house; produced and identified some copy books of ruled paper, which were found in Mr. BUCHANAN’S house; the paper of the books corresponded as regarded rolling and appearance, with the paper in which the letters were written; the books were found in the room of the father, George BUCHANAN

Miss Jane BUCHANAN said that the room in which the thimble was found was her room.

Cross-examined – Captain MURRAY and witness opened the books in the presence of John BUCHANAN for the purpose of comparing the paper of the letters with them; did not hear Captain MURRAY ask John BUCHANAN how the letters came there; heard talk on the 21st, in Omagh, about the letters; there was no resistance made in Mr. BUCHANAN’S house to the search; Mr. John BUCHANAN requested that a strict search should be made; Miss Jane BUCHANAN also facilitated the search; there was a long lane before they came to Mr. BUCHANAN’S house; they could be seen approaching the house by the persons in it.

Sub-inspector Pultenay (?) MURRAY examined – Was in Miss Jane BUCHANAN’S room on the day of the search, when the blotting-paper was found; Miss BUCHANAN said it had been lost; the blotting-paper was in a portfolio; she said they belonged to her. Cross examined- The search warrant party consisted of six and himself; every facility was given to the party during the search; found the thimble in the lady’s bedroom; the bed-room immediately adjoined the kitchen; they were about half an hour in the house altogether; party coming up to the house might be seen a long way off; Mr  BUCHANAN and some of the servants were in the house; they had plenty of time to destroy any papers if they wished; examined Mr. John BUCHANAN’S drawers and papers and found nothing suspicious; they examined his room first; Miss BUCHANAN might have destroyed the papers in her own room if she had wished during the time.

Sarah M’CRORY examined – Was in the service of Mr. George BUCHANAN in December last; Miss Jane BUCHANAN was in Omagh at meeting, on the19th; she left Omagh for home between nine and ten o’clock at night. Cross-examined – Miss BUCHANAN has a brother and sister in Omagh whom she frequently came to see; she was in the habit of coming to meeting in Omagh every Sunday; heard that a book in which Miss BUCHANAN kept black lines and blotting-paper was lost out of her bedroom; did not see Miss BUCHANAN write any on that Sunday; she had been ill with a bile on her foot; the book which the police found was the book which had been missing; the book was found on the top of a press; when it was found Miss BUCHANAN called the witness out of the kitchen and said, Sally, the police have found the book I lost.

John NELIS examined – identified a letter which he received on the 22nd December, through the post-office; there was a reference in the letter to Mr. TODD’S name; the letter was not pre-paid. To Mr. MACKLIN – The letter had been out of his hands for a considerable time; had put a private mark on both envelope and letter. To Mr. SMYLEY -There was nothing in this letter which could be traced on the blotting-paper.

The jury examined the blotting-paper and the letters before the looking-glass and acquitted both prisoners, without leaving the box.

*for the meaning of the above mentioned Molly Maguire

James M’CRISTALL for having on the 3rd March, at Ballintrain, assaulted Sinclair PERRY, a poor-rate collector of the Omagh union, when about to seize the goods of the prisoner for poor rate. Guilty, to be imprisoned four calendar months.

Edward SLEVIN pleaded guilty to an indictment for having stolen a quantity of lead, the property of the Rev. Godfrey Edward ALEXANDER. To be imprisoned four months with hard labour.

Michael MURPHY for having on the 29th February at Ardstraw, stolen a quantity of goods, the property of Samuel DUNNE. Guilty, to be imprisoned four months with hard labour.

Rachael M’ADOO for having on the 21st January, in Desertcreight, stolen goods from the dwelling-house of Frederick LINDSAY. Submitted. Transported for seven years.

Dorothea LITTLE and Jane WALSH for stealing a shawl in Dungannon, the property of Robert BLACK. Jane WALSH submitted and declared that she was the only person guilty. To be transported for 7 years. Dorothea LITTLE was tried and found guilty. His lordship was about to sentence her to be transported for seven years, but she pleaded for mercy in such moving terms that he changed the sentence to four month’s imprisonment.

Catharine M’ALEER submitted to an indictment for larceny of the goods of Patrick MULLEN, of Tattykeel. To be imprisoned for four calendar months.

Larceny – Anne GRIMES and Mary Anne GRIMES, mother and daughter, for having on 1st March last, at Derrycrunny, stolen five stones of ats (oats?), the property of James MILLER. James MILLER deposed that he caught the prisoners in the act of taking the corn out of his barn. Guilty. Each to be transported for seven years.

James M’KENNA for having on the 17th February last, at Lisnacrieve, stolen a gander, the property of David LINDSAY. Not guilty.

Margaret CANAVAN for having on the 27th January last, at Killen, stolen a number of poultry, the property of Wm. FORBES. Guilty, to be imprisoned three months.

Francis DEVINE, James M’GOLDRICK, Wm. SPROULE, Hugh GORMLEY and George DOLAN for having on the 28th Jan. last, at Lisnacreight, executed a civil bill decree before sun-rise and carried away a number of cattle, the property of James SEMPLE.

James SEMPLE identified the prisoners and swore they had carried off the cattle before sun-rise. The witness on his cross-examination admitted that the debt was a just one; that he had rescued goods once or twice previously.
Mr. M’CROSSAN submitted that the indictment was defective, but his objection was overruled by the court. The prisoners were found guilty and each sentenced to be imprisoned one month.

Wm. BROWN for having on the 4th Feb., at Castlederg, stolen 10s. 6d. from the pocket of Nancy M’CRORY. Guilty.

Mary M’VEY for having on the 4th Feb., at Castlederg, stolen some trifling articles from the pocket of Nancy M’CRORY. Guilty. To be transported for seven years.

Assault – Charles M’GARTLAND for having on the 13th January last, at Mullaghmore, assaulted Richard Cowan CHAMBERS. Not guilty.

Alice M’CABE pleaded guilty to an indictment for larceny of the goods of Andrew M’KANE at Aughnacloy.

Daniel M’VEY for having on 9th February, at Dungannon, stolen two cakes, value 1d., the property of Thomas HUGHES. Submitted.

John MITCHELL, petty larceny. Submitted.

John KELLY, John DILWORTH, John M’REYNOLDS and others were presented by the grand jury as vagrants.

Daniel MALLON for having stolen four stones of potatoes, the property of John ROURKE of Dungannon. Guilty. To be imprisoned four calendar months.

Wm. NIMMONS for having stolen a heifer, the property of Patrick GAYER at Dungiven. Guilty. To be transported for ten years.

James FIFE and Margaret FIFE for having on the 6th Feb. at Drumsonis, stolen two sheep, the property of James LENDRUM. James FIFE, guilty. To be transported for ten years. Margaret FIFE not guilty.

Joseph KILLEN pleaded guilty to an indictment for stealing a pair of clogs from the Strabane union workhouse. To be imprisoned four calendar months and kept to hard labour.

John CREGGAN and John M’CONNELL, two little boys, pleaded guilty each to the larceny of two cakes, value 1½d. at Dungannon. To be imprisoned for a fortnight each and sent to Dungannon workhouse.

Matthew M’CRORY, a little boy, pleaded guilty to the larceny of a towel. To be imprisoned 3 months, with hard labour.

Michael CASSIDY, Susan CASSIDY and Hannagh KANE for having on 29th Feb., at Ardstraw, stolen 16 stones of potatoes, the property of James CROW. There was no evidence adduced to connect the female prisoners with the crime and they were accordingly acquitted. Michael CASSIDY was found guilty and sentenced to six months imprisonment.

Mary DUNLEARY for having on the 11th February, at Balligawley, stolen a pocket handkerchief and two shillings, from the person of Jane MAYNES. Guilty, to be imprisoned four months with hard labour.

Hugh M’CONNELL for having been of a party who carried away four head of cattle from James SEMPLE of Lisnacreaght. Guilty. To be imprisoned one month.

Patrick M’ELHENNY, a little boy, for stealing a cake out of a shop window in Dungannon. Guilty. To be imprisoned one month and then to be forwarded to Dungannon workhouse.

Rescue – Denis CAVANAGH, Peter CAVANAGH, and James CAVANAGH for having rescued goods from John FULLERTON after being seized under a manor court decree. Peter pleaded guilty and the others traversed. John FULLERTON, bailiff, deposed that he seized a table, chair and a piece of timber, on a manor court decree in CAVANAGH’S house; the prisoners rescued the goods. Mr. M’CROSSAN, solicitor, appeared for the prisoners and objected to the indictment on the ground that the seizure was made within the manor. His lordship allowed the objection and the indictment was quashed. The prisoners were bound over to appear next assizes.