Co. Tyrone Assizes 1849 Crown Court held at Omagh
21 Mar. 1849 Omagh Assizes Crown Court
Judge TORRENS; and the petit jury sworn;
MR. DENNY
Wm. RODGERS
David SCOTT
Andrew RODGERS
Daniel BLAIR
John CALDWELL
John HOUSTON
James M’GREW
Robert SMITH
Robert JOHNSTON
Wm. WATSON
Thomas HAMILTON
Writing Threatening Letter
John M’WILLIAM was indicted for writing and sending a threatening letter to James BEGGS of Carnteel, on the 8th February last.
James BEGGS examined – Lives at Aughnacloy, where his mother keeps a shop; identified the prisoner; witnesses mother obtained a decree against the prisoner and a person named CORBETT; the amount of the decree was afterwards paid, and the decree was handed to William BEST; the debt was for orange ribbons; received a letter the 9th February last, through the post-office; produced and read the letter as follows:
February 8th, 1849 Sir, I understand that you are own for taking up in a decree that you have against a man in Anghnacloy and Caarnteel for orange ribbon, and if you do you never will be a month alive – we will take your number so this is a warning. You will get your money through time, and if you don’t take this advice take your own. sined at Killyman
Derry Walls and no surrender. When witness received this letter he handed it to Doctor SPROULE Cross-examined – was 3 years at school with the prisoner; had not an opportunity of seeing the prisoner write since that time; thinks the letter was forwarded in a funny freak.
Thomas SPROULE examined – Knows James BEGGS; received the letter from him; gave the letter to Constable WOODS.
Sub-constable Daniel LYNCH examined – Had seen the prisoner write; believed the letter produced was written by the prisoner.
Sub-constable John GALLAHER examined – Saw the notice before; thinks the handwriting that of the prisoner.
Defence – Mr. DOHERTY addressed the jury in an able speech on behalf of the prisoner.
Thomas M’WILLIAMS examined – is acquainted with the prisoner for the last 20 years; had frequent opportunities during that time of seeing his handwriting; does not believe that the letter was written by the prisoner.
James ROBINSON examined – Saw the prisoner write 2 or 3 times; believes he did not write this threatening notice.
John K. TENER Esq., of Moree and Mr. Andrew WILSON, of Allan Rock, gave the prisoner an excellent character for general good conduct. The jury returned a verdict of acquittal.
Burglary and larceny
Robert BRICE and Patrick BOYLE, for having on the 2nd February last, at Strabane, burglariously entered the house of Edward FAIR and for having stolen therefrom a pint of cordial. Verdict – Robert BRICE not guilty – Patrick BOYLE guilty of larceny, not guilty of the burglary.
Illegal marriage;
Samuel Galbraith MAHAFFIE for having on 1st Sept. last, at Craigmonaghan solemnised an illegal marriage between James DUNBAR and Elizabeth M’DONALD
James Dunbar examined – Lives in Ballylennon; was in Castlederg fair on 1st Sept. last; met Elizabeth M’DONALD; knows Nancy FUNSTON who is an aunt of Elizabeth; went to this woman’s house with Elizabeth to get married; identified the prisoner who was lodging at Nancy FUNSTON’S house; he came into the room; he went to the drawer and took a book from it; gave the book to witness and swore him that he would never inform upon him; was then married to Elizabeth M’DONALD; she is a Protestant and witness is a Presbyterian; the prisoner read the service out of a book; could not tell a word of the service; they had a ring which prisoner put on their fingers; witness and Elizabeth M’DONALD lived together afterwards as man and wife; gave 6 shillings to Nancy FUNSTON for the prisoner.
Cross-examined by Mr. MACKLIN – Did not know whether the book was English or Latin; never asked the prisoner for money to go to America, but the prisoner offered money for that purpose in the presence of other parties: did not remember saying to James VIRNER that if MEHAFFIE offered him money he would go to America; the prisoner asked witness if he would take Elizabeth M’DONALD to be his wife; they were afterwards married in the church of England.
Elizabeth DUNBAR examined – Her maiden name was Elizabeth M’DONALD; is now the wife of the last witness; Mr. MEHAFFIE took tea with them in the room, in Nancy FUNSTON’S house; he afterwards swore James DUNBAR not to discover upon him, and then married them; was afterwards married by Mr. EDWARDS, the church clergyman; the ceremony was the same as that performed by Mr. MEHAFFIE; Mr. MEHAFFIE put the ring on witness’s finger and James DUNBAR held on the ring; Nancy FUNSTON went out during the ceremony and came in again; her aunt was talking to Mr. MEHAFFIE before the ceremony took place; DUNBAR kissed witness when the ceremony was over.
Cross-examined by Mr. MACKLIN – Heard that Mr. MEHAFFIE was teaching a classical school in Castlederg: could not swear what kind of book Mr. MEHAFFIE took out of the trunk.
Nancy FUNSTON examined – Is aunt of the last witness; the prisoner lodged with witness at her house in Craigmonaghan for upwards of a year; was present at a portion of the ceremony in question; they gave the prisoner 6 shillings for performing the ceremony; what witness heard of the ceremony was the same as that used by the Church of England.
Constable John ROBINSON examined – Had served a notice on Mr. MEHAFFIE requesting him to produce a license for the marriage in question.
Mr. M’MAHON, solicitor, examined – Made a search in the prerogative office, Dublin, for the license, but did not find it.
Mr. Edward HEMPHILL, registrar of marriages in Castlederg, deposed that the house where the ceremony was performed was not registered for the celebration of marriages.
Rev. Edward EDWARDS deposed that no banns had been published for the marriage in question; he married the parties about 2 months afterwards.
Cross-examined – it was not usual for the clergyman celebrating a marriage to put the ring on the finger of the man; believed Mr. MEHAFFIE was an educated man and had been a clergyman of the Church of England; believed the rubric required the minister place the ring on the womans finger.
Mr. MACKLIN addressed the court and jury for the defence submitting that the marriage being imperfect in itself did not come within the statute which rendered the celebration of a marriage, at an illegal time and place, a felony and transportable offence. He read several portions from the marriage service authorised by the Church of England and argued that no evidence had been given of the marriage having been duly performed according to the prescribed ceremony.
His lordship charged the jury at considerable length and a verdict of guilty was returned, with a recommendation to mercy. The court said that the prisoner had been before him on a former occasion and had then pleaded guilty to a similar offence. He had been at that time discharged giving security that he would not repeat the crime, and it would now be the duty of the court to call forward these securities and forfeit their recognizances. His lordship having addressed a few observations to the prisoner as to the debasing nature of his conduct, directed that he should be removed.
John BELVINS indicted for having on 14th February last, at Omagh, burglariously entered the house of Patrick TEAGUE and for having stolen several articles therefrom – Acquitted.
Michael MILLAR for having on 25th Apr. 1848 at Kilcour_? assaulted John LOAN Guilty – To be imprisoned 3 months and kept to hard labour and afterwards to find security to keep the peace.
John M’QUADE and Andrew M’QUADE for having on 4 Feb. last, at Caledon, stolen 2 sheep, the property of the Earl of Caledon – Not guilty
Archibald MOOREHEAD, a boy about 13 years of age, pleaded guilty to the larceny of a silver watch at Newtownstewart, the property Robert HUTCHISON.
Adam WILSON for having stolen 4 stones weight of flax at Omagh on 20th Jan. last, the property of Arthur HAMILTON – Guilty
Edward M’GLINN, for having on 1st Feb. last, at Dungannon, stolen 3 penny pieces, 5 halfpence and a purse the property of John DUNNS – Guilty
Isabella M’BRIDE for having on the 28th Jan. last, at Altglushan stolen ½ cwt. of oatmeal, the property of Arthur DONNELLY – Guilty – To be imprisoned 6 months and kept to hard labour.
Sarah SWEENY pleaded guilty to the larceny of several articles of clothing from the Strabane union workhouse on 12th Dec. last. To be imprisoned 4 months from date of committal and kept to hard labour.
John RIPPEY for having on 13th Nov. last, at Baronscourt, stolen a cow the properly of Charles SEMPLE – Guilty – To be transported for 10 years.
Rebecca ALLEN, Ellen CARLAND and Bessie RUTHERFORD, for having on 15th Jan. last, stolen a £1 note, a tablecloth, some linen and other articles, from Henry M’ATAMNEY – Not guilty
Anne DONNELLY pleaded guilty to the larceny of a teapot and a pair of candlesticks from the shop of Mr. Wm. SCOTT of Omagh, on the 23rd January last. – To be imprisoned 2 months. The prisoner said that she had committed the offence with the object of being transported, as her husband had been. She begged the court to transport her and said she would commit a greater crime so that she might be sent to her husband.
Alexander AIKEN, George AIKEN, and John FULTON for having assaulted John SWAN on the 7th February last, at Strabane – The jury, after a lengthened deliberation, found the prisoners guilty, but recommended them to the mercy of the court.
Margaret MAGUIRE pleaded guilty to a charge of larceny – To be imprisoned for 6 weeks.
George GIBSON pleaded guilty to the larceny of several articles of clothing, the property of James EARLY of Aughnacloy – To be imprisoned for 2 months
Robert NIXON pleaded guilty to having stolen a quantity of potatoes on 23rd Feb. last, the property of Francis JOYCE – To be imprisoned 2 months with hard labour.
Eleanor M’BRINE pleaded guilty to receiving 3 stolen hens, the property of Arthur DONNELL – to be imprisoned 2 months.
Samuel SELFRIDGE and Henry M’ORMAND for having on 3rd March last, stolen 6 hens, the property of James WALKER – Pleaded guilty – To be imprisoned 2 months and kept to hard labour.
Samuel MEEHAN pleaded guilty to having stolen a sock of a plough at Cranny, the property of Robert RAMSAY
Robert BEGGS, for having written a threatening letter to Robert COOTE of Dernabane on the 11th October last, cautioning him against proceeding in a process against Theophilus M’COLLUM, also for having similarly threatened Martin WORTHINGTON of Dernabane and William WORTHINGTON – Not guilty
James M’CRORY indicted for having on the 19th February last, at Aughnacloy assaulted Patrick MURRAY Guilty – To be fined 6d. and bound to keep the peace to MURRAY and his family for 7 years – himself in £50 and 2 sureties in £25 each
Margaret WILSON for having, on the 20th Jan. last, stolen a quantity of meal and a sack, at Omagh, the goods of Charles CONWAY; also for receiving same. Verdict – Guilty – The court sentenced the prisoner and her husband, Adam WILSON previously convicted of larceny, to 6 months imprisonment and hard labour
Mary KIRK pleaded guilty to having exposed and deserted her infant child, on 15 January last, at Castlecaulfield
Jane M’COURT, for having, on 6 February at Ballylennon, stolen a cow, the property of Aaron M’INTYRE – Not Guilty
Riot and Affray
Moore BEATTY, Samuel WIGGAN, Jane ROBINSON, Robert M’DOWELL, John REA and Samuel WILSON for riot and affray at Grange on the 16th of December last – acquitted
23 Mar. 1849 Assizes
James MAXWELL for having stolen 3 loaves of bread and one calico bag, the property of Thos. KING of Gorestown, on the 3rd February last- Guilty sentence deferred.
Larceny;
John ROLSTON for having on 15th December last, at Kilmore, stolen a hammer, the property of Henry ECHLIN.
Robert LITTLE deposed that the prisoner had given the hammer to him for his dinner, saying that he had eaten nothing for two days.
Francis O’NEILL deposed that he had been using the hammer, which was the property of Henry ECHLIN and had lost it; found it afterwards in the possession of Robert LITTLE. The prisoner said he had found the hammer on the road and had given it to LITTLE for a pound of meal; he was hungry, and if he had found a sledge, would have given it for the same; when a man was hungry he would break through stone walls for his meat; he had been already a month in gaol and if he were kept there much longer, there would not be much of him together, for the gaol allowance was very light. (Loud laughter, increased by the stout and hearty appearance of the prisoner.)
The jury found the prisoner guilty, and on the return of the verdict, the prisoner applied, amidst the laughter of the court, that if he was sent back to gaol, his lordship would order the allowance to be increased. To be imprisoned two months and kept to hard labour, suitable to his size and strength.
Larceny;
Arabella O’BRIEN for having on 26th January, at Coolaghey, stolen a pair of shoes, value 2s. the property of Robert ARNOLD.
Robert ARNOLD and his wife deposed that they had lost the shoes; the woman was in the house on that day.
John LOVE, clerk of the pawn office, deposed that the prisoner had pawned the shoes.
Guilty – To be imprisoned for 2 months and kept to hard labour.
Mary M’QUADE and Ann M’PHELEMY for having on 20th January last, stolen two-pence half-penny from Ellen M’CORMACK.
Ellen M’CORMACK deposed that Mary M’QUADE had taken the money out of her pocket and that Anne M’PHELEMY abused and struck the witness when she charged M’QUADE with having taken the money; the two prisoners were together during the whole day.
Guilty – His lordship said the prisoners were very young, being only 15 years of age, and the best way to prevent them continuing a course of crime would be to send them out of the country. He would order them to be transported for 7 years. One of the girls screamed violently on hearing the sentence, and it was with extreme difficulty she was removed from the dock.
Thomas MONAHAN, Mary MONAHAN, and Ellen HOLLIS, for having stolen 12 stones of potatoes, on 4th March instant, the property of Hugh O’NEILL of Errigle Keerogue.
Hugh O’NEILL deposed that the potatoes had been stolen from him, and that they were found in the prisoner’s house in Balligawley, having been tracked there by a peculiar track, 5 new nails being found in the heel of Thomas MONAHAN’S shoe.
Sarah MITCHELL swore that Ellen HOLLIS had sold her 5 stones of potatoes, on the 4th inst.
Not guilty.
Thomas MONAHAN was again indicted for the larceny of a spade on the 2nd March instant, the property of John M’CREA, Cressboy.
John M’CREA swore that the spade was found in the prisoner’s possession. Ellen HOLLIS was admitted evidence for the defence, and swore that a man had left the spade with the prisoner to keep.
Guilty – To be imprisoned 2 months from committal and kept to hard labour.
Wm. WILLIAMSON for having on 3rd January last, at Derrybury, stolen one half box of turf, value 2d., the property of Alex. GRANT.
Pleaded guilty – To be fined 5s., and to find security to be of good behaviour.
Assault
Neal M’CUSKER for having on 5th Sept. last, at Lettergart, assaulted Owen M’DONALD. This was some trifling dispute, arising out of the collection of county cess and the prisoner submitted – fined 2s. 6d., and give bail to keep the peace.
Mary KELLY for having on the 27th Jan. last, at Cookstown, stolen 3s. 6d. and a purse, the property of Terence VALLELLY.
Mary VALLELLY, wife of Terence VALLELLY, deposed that the prisoner had taken the purse from witness’s pocket; found her in the act; a friend of the prisoners came forward and assisted her escape; witness watched her and succeeded in having her arrested by the police.
Guilty – To be transported for 7 years.
Larceny at Dromore
Alexander GREER indicted for having on 17th Feb. stolen a handkerchief, of the value of 6d., the property of his master, John SCOTT, of Dromore, in whose shop the said Alexander GREER was serving an apprenticeship. The prisoner pleaded not guilty.
John SCOTT examined by Mr. NORMAN – witness kept a woollen-drapery establishment in Dromore and the prisoner was his indentured apprentice; examined prisoner’s trunk on the day in question and found in it a sum of money; this excited the suspicions of witness and he sent for lead-constable RANKIN and gave prisoner into his custody; prisoner asked witness how much money he had got in the trunk and when he told him, prisoner said there was more money in it than witness had got; prisoner and RANKIN went to the trunk and did get more money; RANKIN went back a third time, without the prisoner and got in the trunk the cotton handkerchief in question; prisoner stated that he had put the money for the handkerchief into the till; there was also a travelling bag got in the trunk; when asked about it, the prisoner said he intended to go out to America with his mother, his father having already proceeded there.
Cross-examined by Mr. CHAMBERS – The prisoner had been 4 years with witness an apprentice; witness got bond in £200 as security with him; prisoner’s father was one of the sureties, and his uncle. Mr. Samuel YOUNG, a substantial man, the other; the prisoner had an account for clothes in the books; witness said the amount £4 18s. 6½d.; did not know the prisoner’s age; would not swear that he was not 21; went to prisoner’s trunk and opened it with one of the keys of the house; counsel might call it a false key or what he pleased; did not apprise the prisoner he was going to open his trunk; sent for Constable RANKIN, and when he came, accused the prisoner of having robbed him; witness had not a high opinion of the prisoner; Mr. Hamilton SCOTT, brother to the witness, made prisoner a present of a new hat last November; that it did not look as if witness’s brother had a bad opinion of prisoner; the prisoner had almost unlimited control in the establishment of witness; witness got 3£ 11s. of silver and a £1 note in the trunk, besides the money got by RANKIN; prisoner said he had got that money from his father about three weeks before; RANKIN also found 7 or 8 shillings more in the bottom of the trunk; RANKIN searched the prisoner, and found only a few coppers on him; gave him into custody to RANKIN; he remained in RANKIN’S custody that night; prisoner was marched through the streets next day (Sunday) about 12 o’clock, and brought before Mr. COULSON at Omagh; he was kept in custody until following bench day; witness did not oppose him getting out on bail, nor insist on large bail being passed; Mr. Robert GREER, the attorney, voluntarily opposed the prisoner being admitted to bail; witness had employed Mr. RAMSAY as attorney; witness swore before God that the handkerchief was his property when found in the trunk; if prisoner had put the money for it in the till it would not then have been the property of witness; witness never knew such practice, nor never permitted it in his establishment; was prosecuting the prisoner from an abstract love of justice; believed if he obtained a verdict of guilty against the prisoner he would able to recover the amount of the bail-bond; witness had often opened the trunk of the prisoner before; was in the habit of privately opening the trunks of his young men, twice, or three times a year; never found anything in the trunk of the prisoner before the time in question; never opened any of prisoner’s letters, as he never received any.
Head-constable David RANKIN being examined, merely corroborated the testimony of Mr. SCOTT, with respect to the circumstances connected with the arrest of the prisoner.
Mr. CHAMBERS then addressed the jury for the defence, commenting strongly on the means used to obtain access to the trunk of the prisoner, his previous excellent character to the time of his arrest and alleging that the money found in the trunk had been paid to the prisoner by his father’s directions; that he had put the money in the till for the handkerchief, and that Mr. SCOTT was actuated by the most corrupt and avaricious motives in instituting the present proceedings.
William ROULSTON, examined by Mr. STACK, deposed that he had purchased a farm from the prisoner’s father, and by his directions had paid £17 of the money to the prisoner. The witness also gave the prisoner an excellent character.
William MOORE deposed to having been present when the money was paid by Mr. ROULSTON to the prisoner.
Mr. Thomas ALEXANDER, Dromore, Mr. Archibald OSBORNE and the Rev. John HAMILTON of Crossroads, also bore testimony to the excellent character of the prisoner.
Mr. Wm. GRAHAM who keeps a haberdashery and woollen-drapery establishment in Dromore deposed that his apprentices were in the habit of taking articles from the shop and putting the money for them in the till, and that he never reproved them for it. He also bore testimony to the prisoner’s good character.
Mr. James BUCHANAN, proprietor of an extensive woollen-drapery establishment in Fintona deposed that his young men were in the habit of taking articles from the shop and putting the money for them the till, and that he never reproved them for it, because he had always confidence in them.
His lordship charged the jury, who without leaving the box, returned a verdict of acquittal. Counsel for the prosecutor Mr. NORMAN, Mr. J. G. RAMSAY, solicitor; for the defence Mr. CHAMBERS and Mr. STACK, Mr. M’CROSSAN, solicitor.
James CALDWELL for having on 10th Feb., at Aughnacloy, stolen one promissory note, of the value of £10, the property of Thomas M’WILLIAMS. There was another count declaring him to have stolen at the same time and place, a promissory note value £10, the property of Mary CAMPBELL. The prisoner pleaded not guilty. The prosecutor not appearing, his lordship directed the jury to return a verdict of acquittal.
11 Apr. 1849 Capture of a Convict
A person assuming the name of John GALLAGHER, but whose real name is John ELLIOTT, had been tried at the Omagh assizes last year and was sentenced to transportation; but about 10 months ago he effected his escape from prison and for a short time past, had been lurking about this neighbourhood, (Londonderry) pursuing his former evil habits. In the course of last week, however, through the vigilance of Sergeant HUSTON, and Constable Henry STEWART, of our city Constabulary, he was arrested, and is once more consigned to durance vile.
21 Jul. 1849 Assizes
Monday, July 16, Judge CRAMPTON entered the Crown Court at 10 o’clock, when the trials were proceeded with.
John M’ASHEE was indicted for having on the 7th of July instant, at Loy, stolen two shillings from Samuel MITCHELL Guilty – to be imprisoned 6 months, with hard labour.
James BURNS for having on the 28th of June last, at Ballymagorry, stolen a hat, the property of Joseph ROBB. The prisoner submitted and pleaded poverty in extenuation of the offence.
To be imprisoned 4 months, with hard labour.
Patrick M’KELVEY submitted to an indictment for vagrancy, having been presented to the grand jury as a loose idle character. To be transported for 7 years in default of finding security for future good behaviour.
Mary KEENAN submitted to a similar indictment and received like sentence.
Ann SHERIDAN submitted to an indictment for larceny.
To be imprisoned 2 months and kept to hard labor.
Isabella PAUL having pleaded guilty of the attempted murder of her infant child, was put forward and sentenced to 12 months imprisonment, with hard labor suited to her age and sex.
John TRAINER for burglary of clothing from the Omagh workhouse was sentenced to 4 months imprisonment and hard labour.
Hugh CARLAND for having on the 28th of June last, at Drumquin, stolen two ewe sheep and two lambs, the property of Edward and Lanty M’QUAIDE of Killymilton, County Fermanagh.
Guilty – to be imprisoned 9 months, with hard labor.
William WILSON and Charles MAYNE for having on 21st April last, at Newtownstewart, burglariously entered the dwelling-house of James GALLAGHER and stolen £14 and upwards; also for having same in his possession.
William WILSON guilty of burglary and felony; Charles MAYNE guilty of receiving a portion of the stolen property. WILSON to be transported for 10 years; MAYNE to be imprisoned 6 months, with hard labor.
Charles M’ANALLY for having on the 5th July inst., at Gortmore, stolen 3s. from Wm. KILPATRICK. To be imprisoned for 6 months, and kept at hard labor.
David George MATHEWS and Samuel WRAY for having on 7th May, at Carnan, assaulted James WATERS, with intent to do him grievous bodily harm. Not Guilty.
Edward GARDINER pleaded guilty to larceny. To be imprisoned 2 months, with hard labor.
James M’CRORY for having assaulted Mary NUGENT, at Killyclogher on 10th July, inst.
Mary NUGENT, examined – Saw the prisoner in her house on the day in question between 9 and 10 o’clock in the morning; the house had often been entered before and meal stolen; left the door locked; the prisoner forced the door off the hinges; when she found him in the house, she held him till the police came, when she gave him in charge; he struck her twice during that time.
Constable WILSON found the prisoner stated by the previous witness and arrested him upon her charge.
Guilty – to be imprisoned 6 months.
Margaret DEVINE and Elizabeth M’GINNIS for having on 30 June last, at Killiney stolen a quantity of oatmeal the property of James DONNELL.
Elizabeth MAGINNESS <sic> – Not Guilty. Margaret DEVINE – Guilty – to be imprisoned 3 months with hard labor.
Breaking of Bridewell
John MADDEN and Charles DONNELL for having broken the bridewell of Strabane and escaped on the 10th April.
James MURPHY, bridewell-keeper of Strabane having stated that he had not received the warrant of committal before the prisoners escaped, the court immediately directed an acquittal.
Matthew COOPER, Wm. COOPER, Robert COOPER and James COOPER, for having on the 11th May last at Urblereagh, assaulted Charles GORDON.
The assault arose from a trespass committed by Matthew COOPER’S cows. Several witnesses were produced to show that the COOPER’S had right to the use of the land, as the sub-tenants of another party and that they were merely exercising their lawful right in placing the cattle on the land, GORDON having no right to resist them. Not Guilty.
Catherine M’LAUGHLIN for larceny of the goods of Anne BEATTY. Submitted – to be imprisoned 6 months, with hard labor.
Eliza Jane POTTER for larceny of tea and starch at Crevenagh. Submitted – to be imprisoned 1 month, with hard labor.
Joseph BALLANTINE and Wm. CHEEVERS for having on the 16th July last, stolen a quantity of bread at Cookstown, the property of Wm. MILLER. Submitted – to be imprisoned 2 months.
Anne MAGUIRE, for vagrancy. It appeared from the statement of Dr. THOMPSON, that the prisoner was a person of unsound mind, and his Lordship said that the necessary steps would be taken to meet the case.
Sentence of Death
Charles MONAGHAN, convicted of the wilful murder of his child, (William MONAGHAN, aged three years) was placed at the bar. The clerk of the crown having asked the usual question, to which the prisoner made no reply, his Lordship proceeded to pass sentence. Having made very feeling and appropriate remarks, he concluded by saying;
“it only now remains for me to pass upon you the sentence of the law, and that sentence is that you, Charles MONAGHAN, be taken from where you now stand to the place from whence you came, and that you be taken from thence, on Wednesday, the 15th of August next, to the place of common execution – that you be there hanged by the neck until you are dead, and that your body be buried within the precincts of the gaol; and may the Lord God almighty have mercy on your soul.”
The Judge having concluded his solemn and impressive charge, the prisoner bent his head for a moment, passed his hand across his face, and quietly turned away.
Anne FORBES convicted of the murder of her infant child, was then called forward, and the usual questions having been asked her. His lordship said her guilt had been established by the verdict of the jury and its enormity was little short of the guilt of the unfortunate man on whom he had just now been compelled to pronounce the extreme sentence of the law. There were circumstances in her case, however, which enabled him to hold out for some hope of mercy. The act did not seem to be an act of deliberate character, which demanded the punishment of death. Doubtless she had been prompted at the moment by some demonical agent, when her moral feelings were blunted by the fear of public shame and exposure. Under these circumstances, he had directed that the sentence of death be recorded against her; it was in the power of his excellency the Lord Lieutenant to commute this punishment and he hoped through his recommendation of the case, for merciful consideration that it would be commuted to transportation for life. The prisoner was then removed.
7 Aug. 1849 Sentence of Death Commuted
MONAGHAN, convicted at the Omagh Assizes of murder, has had his sentence commuted by the Lord Lieutenant, to transportation for life.
transcribed and compiled by Teena from the Banner of Ulster, Derry Journal, Newry Telegraph and the Tyrone Constitution