The County of Tyrone Crown Court Assizes were held in Omagh for the Summer & Winter Sessions.
Transcribed by Teena from the Belfast Newsletter, Londonderry Sentinel and the Newry Telegraph.
14 Mar. 1851
Robert J. JOHNSTON
Thomas MULRINE (MULRYNE), a boy of about 18 years of age, was charged with setting fire to a hay stack the property of Morgan W. JELLETT at Altnakenny on the 24th Aug. last, with intent to injure. There was a 2nd count in which the intent was omitted.
Morgan Woodward JELLETT examined – Had hay in cocks at Altnakenny on the 24th of Aug. last; went out to the field on that evening and found one of them on fire; made a search and found the prisoner concealed beneath the hay in one of the stacks. Had seen prisoner same morning at the workhouse: he applied for admission; witness, who is a guardian, voted against his admission; on seeing prisoner concealed, sent for Constable DIVER who took him into custody.
Constable DIVER – Took prisoner into custody that evening; on their way to the barracks, he told witness that it was not with a coal, but with matches he set fire to the stack; made a search for him after that and found a paper of matches on his person. (The matches were produced and identified )
Guilty – To be transported for 10 years.
John HEGERTY was indicted for entering the dwelling-house of Wm. CULBERTSON at Cavanalee on the 9th Jan. last, and stealing therefrom a coat, pair of gloves, one table cloth, with other articles of apparel.
Wm. CULBERTSON – Lives at Cavanalee; had gone to his son’s house, which is about one-fourth of mile from his own, to spend the evening on the 9th of Jan. last; left no person in the house; on returning home saw a light on the inside and found the door was fastened from within; examined and saw that one of the windows had been broken; went and got some friends to come with him; they then got a ladder and got in through the window; made a search and got prisoner concealed on a loft; sent for Constable REPTON who came and arrested the prisoner. Constable REPTON proved the arrest.
CULBERTSON re-called – To the Court – Prisoner broke the pane of glass and then put in his hand and removed the window pin, after which he lifted the sash and effected entrance.
Guilty – To be transported for 12 years.
Connell GALLAGHER was charged with feloniously entering the dwelling house of Robert M’KAY of Castlederg the night of the 1st Feb. last, with intent to steal therefrom.
Robert BROWN – Is servant to Mr M’KAY; remembers the 1st Feb.; the shop was locked as usual, when they went to bed, which was about 10 o’clock; shortly after, he heard like boards breaking, when he got up and came down stairs and saw prisoner standing in the cellar with a light in his hand; saw gimlet holes in a board of the ceiling, between the cellar and the shop; saw him in the cellar from the kitchen window; there was a good deal of iron in it; went and alarmed the police.
John M’KAY examined – Is nephew to Mr. M’KAY; rose when he got the alarm and examined the cellar; found entrance had been attempted through the ceiling in the shop
Constable John WILSON examined – Found the prisoner next morning on the Newtownstewart road, about a mile and a half from the town; asked him his name, when he said it was DONNELLY and that he was coming from Enniskillen; searched him and found a gimlet, box of matches and a bit of candle on him; made him a prisoner; the gimlet fitted exactly with the holes in the ceiling.
Robert BROWN recalled – Is quite certain, prisoner is the man he saw in the cellar.
Guilty – To be transported for 12 years
Thomas CORRIGAN was charged with setting fire to stack of straw, the property of Robert M’NEAL, of Lisnamallard, on the 9th of March last. This was a case in which it appeared that the prisoner applied for admission to the workhouse, was refused by the guardians, after which refusal, he went and committed the outrage. The prisoner submitted – to be transported for 10 years
Mary MAGIRR charged with stealing a cotton petticoat, the property of the guardians of the Cloghor workhouse, 7th Feb. last. The prisoner said that the petticoat was on her person when she left the workhouse. Guilty – 4 months imprisonment and kept to hard labour.
Robert BELL, aged about 20, was arraigned for having in his possession 3 bad shillings at Omagh on the 3rd Feb. last, with intent to utter the same – submitted. Mr. James GREER gave prisoner good character.
Mr. Francis ELLIS examined – Knew prisoner’s family; they are well-educated people; he was the committing magistrate and his belief was that prisoner was the dupe of other persons to whom the law had not reached.
Guilty – To be imprisoned for 3 months with hard labour.
Rebecca M’LOUGHLIN charged with stealing a cloak, bed-tick, quilt and bolster, with 9 yards of linen, the property of Stephen M’DAID at Ballygowans on the 9th September 1849. Guilty – To be imprisoned for 9 months, with hard labour suitable to her sex.
Nicholas M’KEOWN charged for having in his possession at Drumquin on the 19th Nov. last, 8 bad shillings and 1 bad sixpence, with intent to utter same. Guilty – To be imprisoned for 9 months and kept to hard labour
William LINN (or LIND) and Mark DEVLIN were indicted for that they, with one Arthur O’NEIL (not in custody), did feloniously assault and wound James BOYLAN at Eglish on the 7th of Sept. last, with a pitchfork and of which wound he lingered till the 13th of said month and died.
James BOYLAN examined – is son to the deceased; was digging potatoes with his father for their breakfast the morning of the 7th Sept. last; while so engaged, Wm. LINN and the others came forward with a horse and cart to pass through the gap; was on his father’s land; his father told them to desist as he would not allow them; LINN then came forward and took a spade and swore he would go over his father’s corpse; then they passed through the gap and went on; after breakfast, same day, they returned; Wm. LINN, Mark DEVLIN and Arthur O’NEIL were there; they made again to go through the passage; deceased tried to prevent them; Mark DEVLIN shouted to the others to go on and Wm. LINN struck his father with a grape; he got 2 cuts on the head; he afterwards struck him again and the grape broke and the forks stuck in his skull; witness pulled it out; they then went and drew the turf through the ‘loaning’ it was Wm. LINN gave the stab that took his father’s life; he lingered till he died, the following Friday.
To Mr. LOWRY – James BOYLAN had a brother called Pat, the gap was not put up to prevent Pat going down to the moss; the two brothers held the land between them; William LINN was drawing the turf for Patrick BOYLAN and deceased would not let him pass through the gap; deceased had a grape in his hand, but did not make use of it; the inquest was held on Saturday; has told the same story now that he did at the inquest; at the second affray, LINN stabbed him twice on the side of the head, after which, he drew the grape and knocked him down; the shaft broke and stuck in his father’s head; Mark DEVLIN shouted to the others to go on and stood over witness with a grape in his hand to prevent him from interfering; his mother was a piece off, and was coming up at that time.
Mary BOYLAN wife to deceased, and Francis BOYLAN corroborated the above evidence.
Dr. BLAIR examined – Was called on to see James BOYLAN; he had 3 superficial wounds and a punctured one on the head; the latter entered the brain, part of which appeared to be oozing out; the death was caused by compression of the brain, from an extravasation of blood; he had to state that he gave directions how to use the wounds, but they did not attend to his orders; on witness’s return next morning, the wife had removed the adhesive plasters and bandages, and had applied plaster which was bad for the wounds; the wound, however, was very serious and a complicated one; his chance of recovery would, at best, have been doubtful; he would not say that the man would have recovered had his directions been attended to; the wound was certainly the cause of death; the deceased was of scrofulous habit of body.
James RYAN examined – Saw LINN and DEVLIN at BOYLAN’S the 7th Sept., after breakfast; Arthur O’NEILL was opening the gap; James BOYLAN, the deceased, came out, and made out at O’NEILL with a grape, but O’NEILL warded it off; LINN made at BOYLAN in his own defence and the grape struck a tree and broke; part of it fell on James BOYLAN’S head; LINN had come up to RYAN’S house for help in the morning, but witness did not go down. To Mr. LOWRY (solicitor)- The grape, after it broke on the tree, struck off and fell on the deceased’s head.
Mr. LOWRY addressed the jury for the defence, after which, Andrew M’CAUSLAND was examined, and deposed that he was agent to the Rev. Mr. TINSDALE, the owner of the property; he thinks the loaning was common to both brothers; knows LINN and thinks him a good character; it was Pat BOYLAN paid the rent for the whole farm and the deceased James BOYLAN was a kind of under tenant of his.
Wm. CRAWFORD examined – Is county cess collector; gave LINN a good character. His Lordship delivered a long address to the jury, after which they retired and had not returned a verdict when the court rose. The clerk of the Crown then swore in bailiffs to keep guard during the night and at twelve o’clock the jury had not agreed.
Anne M’QUADE was charged for assaulting Anne STUBBS at Strabane on the 4th March last. Submitted – To be imprisoned for 6 calendar months with hard labour
Peter SMITH charged with stealing one half stone of potatoes at Caledon, the property of Robert BLAIR. The gaoler of Monaghan deposed to his having been convicted at Monaghan on the 11th of April, of felony. The prisoner submitted – to be transported 10 years.
Bernard DOHERTY was found guilty of attempting to pick the pocket of Frederick ENGLISH, captain in the 38th Regiment at Omagh, on the 18th Jan. last and sentenced to be imprisoned 6 calendar months with hard labour
Jane MORRISON was found guilty of keeping a disorderly house in the town of Omagh and sentenced to be imprisoned 9 months.
James TAGGART, Rachael TAGGART Jr. Rachael TAGGART Sr., William TAGGART and Sarah TAGGART were charged with feloniously entering the warehouse of William PAUL, at Cookstown on the 3rd Feb. last and stealing therefrom 60 bundles of linen yarn, the property of Thomas PAUL. The 2nd count charged some of the traversers with receiving the same, knowing it to be stolen.
Guilty of receiving – Rachael TAGGART Sr. Not Guilty – James TAGGART, Rachael TAGGART Jr., William TAGGART and Sarah TAGGART
Charles MOORHEAD, (a lad), pleaded guilty to having stolen a suit of clothes the property of the guardians of the Gortin union workhouse on the 14th Jan. last – To be imprisoned 2 months and kept to hard labour.
Andrew MILLER, James ELLIOTT and Stewart HAMILTON for an assault on James ROBINSON Carnkanny and stealing from his person on the 17th Jan. Last.
James ROBINSON examined – was at Strabane on the 17th Jan. delivering flax; left about 6 o’clock in the evening to return home; overtook 3 persons on the road at Ardstraw bridge; went into Mr. DUNN’S public house when witness treated them all to naggin of whisky; had £16 odd about him; had 2 pounds in his side pocket; had no talk then about money, nor was there any quarrel after the treat; witness’s daughter had the horse and cart up the road; overtook her about a quarter of a mile from DUNN’S; on coming up Andrew MILLER struck witness on the face, while the others held MILLER back; witness took off 2 handkerchiefs that was on his neck and said “let him go;” he came forward and struck witness a second time; struggled for some time when witness was put down; James ELLIOTT afterwards struck witness when great shuffle ensued; on getting home missed the 2 notes that had been in his side pocket; had some drink before leaving Strabane.
His Lordship here stopped the proceedings, stating that there was really no case to go before a jury.
Exposing a child
Mary CORR for exposing an infant of 10 days old, by leaving it in a dog-house, at Dyan near Caledon on the 12th Feb. last.
Edward CARRALOR examined – is a servant to Mr. WILSON of Dyan; on going out about 6 o’clock, the morning of the 12th Feb, heard the voice of a child crying in the dog house; there was no door on it, so that either a dog or pig might have gotten in; there were both pigs and dogs about the house; ran and told Mr. WILSON
Jane WILSON examined – Brought the infant from the dog-house; it appeared to be about 8 or 10 days old; the prisoner was brought to the house about 2 o’clock, by Wm. WILSON; set her down by the child and told her to give it suck; she did so; kept her and the child in the house till the Caledon police came and took them away.
The Court (mentioned) – “There was a frock on the child and it was wrapped in a shawl.”
Constable MATURIN examined – Two of the men went and brought the prisoner and the child to the barracks; when she admitted that she had left the child in the dog house, but that she did so because the father of it would give nothing for its support; she said the father it was William WILSON son of Robert WILSON, at whose house she had left the child. The prisoner had the infant with her in court and said that had she not done so, she and the child would have died of hunger. Guilty – To be imprisoned for 8 months.
George DUNBAR, John DUNBAR and James DUNBAR for burglariously entering the warehouse of William COLTER of Omagh on the 10th Jan. last, and stealing therefrom a quantity of Indian meal and one bag. Submitted – 9 months imprisonment and hard labour.
James TAGGART and Rachel TAGGART, for assaulting Constable James M’CREADY at Cookstown, while in the exercise of his duty. Submitted – His Lordship remarked that the female prisoner had pleaded guilty on this occasion but she had, last night, been found guilty of a very serious crime, namely, that of receiving stolen yarn, knowing such; on that indictment he would sentence her to 10 years transportation but no punishment on the present; James TAGGART her son, to be imprisoned 6 months and kept to hard labour.
HUGH GORMLY and Peter GORMLY were charged with having assembled in a riot with several others on the 2nd July at Drumrane, near Drumquin, also for an assault on Ann M’IVOR. Trial postponed to June Sessions at Omagh, as the prisoners were not ready for their trial.
Defrauding the Post Office
Rose M’HUGH, alias M’ILKER, for having, on the 10th May by false representation obtained a letter from Mr. JENKINS the Postmaster of Strabane, which letter contained a post office order for 4s. 6d, forwarded by one Ann M’HUGH, residing in Paisley, to her daughter, Rose M’HUGH in Strabane.
Mr. MAJOR Q.C., stated the case, in which the Postmaster-General was the prosecutor. Ann M’HUGH, he said, had obtained in Paisley a post office order for the sum of 4s. 6d., to be paid to her daughter, Rose M’HUGH, residing in Strabane, which letter arrived on the 1st May, addressed, “Rose M’HUGH care of Peggy LYNCH, Town End, Strabane.” The letter carrier could not find either party in Strabane and brought the letter back to the office. About 10 days after, the prisoner came and asked for the letter, which was still there. She got the letter and opened it, handing the order to Mr. JENKINS for which she obtained the money.
Robert JOHNSTON examined – Is an assistant in the post office, Paisley; issued the order which was handed to him to identify; wrote the letter of advice for same (the letter was also put into his hand); the stamp on the letter is the Paisley stamp for the forenoon of the 30th of April.
Ann M’HUGH, examined – Lived for some time in Strabane in 1850; left to go to Paisley with her husband, leaving her children with Peggy LYNCH, Town End; got a post office order in Paisley for 4s. 6d., and put it in a letter which she sent to her daughter, Ann; wrote twice after and got no answer; came home afterwards, and found her children in the Derry workhouse.
Bernard M’HUGH, examined – ls husband of last witness; wrote the letter for her; (identified the letter); directed the letter as has been stated. (ie: he sent it)
Andrew JENKINS, examined – Is postmaster of Strabane recollects the letter to have arrived on the 1st May; the letter carrier brought it back, not being able to find the party; prisoner came on the 10th May and asked for a letter directed to Rose M’HUGH, care of Peggy LYNCH stating that she was Rose M’HUGH; gave her the letter, which she opened and handed the order for 4s. 6d., which she got; witness’s sister was in the office and remarked that Ann M’HUGH was the sender, on overhearing which, prisoner said that was her sister.
Charles M’AULEY examined – Knows the prisoner; saw letter with her; identified the letter; told her that the letter was not for her; never knew her to have a sister.
George DEVINE, examined – Recollects seeing the prisoner in the post-office; Mr. Jenkins asked witness if she was Rose M’HUGH and on being told that she was, he gave her the letter; helped her to open the letter, and saw the order for 4s. 6d.; never knew her to have a sister.
Peggy LYNCH examined – Anne M’HUGH left her children with witness, when going to Scotland; had a daughter named Rose.
Guilty – To be transported for 7 years.
Thomas DAVIS, indicted for imposing on Mary M’LAUGHLIN a certain paper as a bank note, value one pound, for which he obtained two shillings of her money. Mr. MARTIN (solicitor) submitted on the part of the prisoner, that the indictment was illegal, inasmuch as it set forth the paper value of one pound, whereas it was, in fact, a lover’s valentine of the temple of Hymen and signed Cupid. His Lordship overruled the objection, when the prisoner submitted, but declared that he was under the influence of liquor at the time. To be imprisoned 3 months and hard labour.
William FIELS for stealing on the 8th of Feb. at Cookstown, 3 stones of flax, the property of Michael CAMPBELL Guilty – To be transported for 10 years
Teresa CAMPBELL for stealing at Fintona one woollen shawl the property of John GRAHAM of said place. – Not Guilty
Rose CALLAGHAN for stealing one duck the property of Andrew WILSON Rathwarren. Submitted – to be imprisoned a fortnight
Owen FINNAGAN, a lad, for stealing on the 14th Nov. one walking stick, the property of John WOODS. To be imprisoned 6 months and hard labour
Ann KANE for stealing on the 7th Mar. at Aughnacloy one gown, the property of Ellen QUINN. Submitted – to be imprisoned a fortnight
Simon DOUGHERTY and Michael CAULFIELD, for stealing 2 asses on 6th March, the property of Brian M’MAYNE and James CLARKE.
James CLARKE, examined – Saw the prisoners on Friday morning at his house; said they came to buy an ass from him; he wanted 25s. for it, and they offered 12s.; they went away, and on that night the ass was stolen; saw it next day with the police.
Constable CRAIG examined – Saw the prisoners on Saturday morning driving 2 asses through Gortin, on their way towards Nn-Stewart; afterwards CLARKE and M’MAYNE came to the barracks stating that they had each lost an ass; pursued and overtook the prisoners, when he saw CAULFIELD riding on one of them he lit off it and was standing on the footpath putting on his coat. Guilty – 18 months imprisonment and hard labour.
Owen M’GUIRE for stealing on the 13th of Feb., 12 sheaves of oats, the property of William RODGERS of Glassmullagh. – Not guilty
Larceny of money
James CLARKE a private soldier, for having on 12th Feb., at Tattysallagh stolen silver money, of the value of 7s. 6d, from the house of Daniel M’LOUGHLIN. The jury returned a verdict of guilty. To be imprisoned 12 calendar months, hard labour.
Catherine FALLON, for having on 8th February, at Cookstown, stolen a pair of gloves, the property of Jas. MOORHEAD. Guilty – To be imprisoned 6 calendar months from date of committal and kept to hard labour.
William SMITH for having, on 12th February, at Glack, stolen 2 geese, 4 ducks, and 3 hens, the property of Jas. KERR Sr. – Guilty – To be transported 10 years.
Charles MOOREHEAD for having on the 8th Jan. 1851 stolen several articles of wearing apparel, the property of the guardians of the Gortin union. – Submitted
Noble WATSON for having on the 7th of Feb. 1851, at Castlederg stolen a pig, the property of Francis OWENS – Submitted
Both to be imprisoned 12 calendar months and kept to hard labour.
Ann ARTHURS for having on 25th Jan. 1851 at Pomeroy, stolen 5½ yds. of printed cotton the property of Ann MILLER. – Not guilty
Josias GRAHAM for having at Lisnamallard on the 24th Feb. 1851, stolen articles of wearing apparel, the property of the guardians of the Omagh union. The prisoner was quite a young boy. Submitted – To be imprisoned 6 calendar months and kept to hard labour suitable to his age.
28 Jul. 1851
Grand jury were sworn by Terence T. DOLAN Esq., clerk of the Crown before William VERNER Esq., High Sheriff of the county;
Lord Claud HAMILTON M.P., Foreman
A. W. Cole HAMILTON
Francis J. GERVAIS
W. S. Richardson BRADY
R. Waring MAXWELL
George T. SPILLER
Alex. G. STUART
Burning in Dungannon
An application of Mrs. HUGHES of Dungannon, for the sum of £343, as compensation for the destruction of certain stores by the extensive fire reported some weeks ago in our columns, occupied the grand jury during a large portion of Wednesday. Mr. Courtenay NEWTON and Mr. Samuel YOUNG solicitors, appeared in support of the application and Mr. James WILSON, solicitor, appeared for several of the inhabitants of Dungannon, in opposition.
A very neat model of the building was exhibited on the table, by which the witnesses were enabled to describe the progress of the fire. After a lengthened investigation, the application was disallowed by a majority of 13 to 8.
31 Jul. 1851
Margaret WILSON, a very respectable looking girl was placed at the bar, charged with stealing several trifling articles from the shop of Robert BLACK of Dungannon. It appeared from the evidence of Mr. BLACK and his wife that the prisoner was one of their shop girls and that some months since, Mrs. BLACK, suspecting her honesty, opened her trunk in the absence of the prisoner, with a key of Mrs, BLACK’S and there found several small articles, such as ribbons, gloves and veil, which were identified as the property of BLACK. It also appeared that there were two girls to attend to the shop and that they had directions not to sell to each other. Jane BURTON, the other shop girl, was examined for the defence and deposed that she had sold several of the articles produced to the prisoner and had received part payment, for which she had credited her in the shop books and that she was to have received the remainder when the prisoner was paid her quarter’s salary (£2 10s.). The prisoner received a most excellent character from Mr. LOWRY, who had known her from her childhood and had come 80 miles to give her a character and also from the Rev. Mr. WILSON, clergyman. The jury after a short deliberation acquitted the prisoner, to the apparent great satisfaction of a crowded court.
John HUGHES and Michael CONOLLY were indicted for having each of them in their possession a certain forged note of the Bank of Ireland. The indictment under the 39 George III. c. 13, s. 2, contained three counts; the first setting out the note, the other two omitting it.
Patrick CALLAGHAN, sub-constable of police, deposed to his having, with two other policemen, arrested the prisoner on the night of the 2nd March last, after a struggle and found upon the ground a parcel containing a quantity of notes of the Bank of Ireland and the Ulster Bank; 54 of the latter and 9 of the former, he saw the prisoner HUGHES drop this parcel during the struggle; the policemen searched the ground afterwards by the light of a candle and found no other parcel then; three other forged notes were afterwards found by the same place. Two other policemen confirmed the testimony of this witness and on cross-examination admitted the night to have been a dark one.
Mr. RANKIN, of the note department of the Bank of Ireland, proved the forgeries on that bank and Mr. MONTGOMERY, manager of the Ulster Bank in Omagh, proved the forgeries on the Ulster Bank.
Mr. PEEBLES addressed the jury for the defence, contending that there was no evidence to bring home the possession of the notes to either prisoner and called witnesses to character. His Lordship told the jury that the gist of the defence was the guilty knowledge and therefore, they had to consider whether the prisoners had the notes in their possession knowing them to be forged. It could hardly be doubted that the persons who had such a number of forged notes knew them to be forged and if the jury believed, further, that the prisoners had intentionally dropped them during the struggle, the inference would be much strengthened. The jury found the prisoners guilty. To be transported for 7 years.
31 Jul. 1851
At half past nine o’clock the Hon. Justice CRUMPTON took his seat in the crown court, Omagh, when William LYND and Mark DEVLIN were placed at the bar charged with the manslaughter of James BOYLAN at Eglish, on the 7th Sept. last. (This case was tried at last assizes, but the jury did not agree.)
James BOYLAN (son of the deceased) stated on his examination that on the morning of the 7th September, his father was digging potatoes in his garden, when the prisoners came with a horse and cart and wanted to pass through a gap, but were prevented his father; that LYND said he would not be prevented from going through the gap, and swore that he would have his father’s life by night or by day. He said that they afterwards returned, accompanied by Arthur O’NEILL; that there was a grape in the cart and DEVLIN, the younger prisoner, had a long stick in his hand. They commenced opening the gap, when his father went again to prevent them, when LYND struck him with the grape a blow on the head, which knocked his father down; the shaft of the grape broke, and when he (the witness) went forward, he found the prongs of the grape sticking in his father’s head, who died within six days after. DEVLIN and O’NEILL were also striking at his father during the affray. On his cross-examination he admitted that Wm. LYND was drawing turf for his uncle, Patrick BOYLAN, on the day in question, but denied that his uncle had any right of passage through his father’s land.
Mary BOYLAN, the wife of the deceased, deposed to seeing the prisoner, LYND, strike her husband, James BOYLAN, with a grape and knock him down and that when she came to him, she found him covered with (lappered?) blood, which she washed off him. Cross-examined – Her husband had a grape in his hand, but she did not see him strike any one with it, or do anything, but keep back Arthur O’NEILL.
James RYAN, a little boy, stated that he was outside in the garden at the time of the affray and that he saw James BOYLAN strike a blow with grape at Arthur O’NEILL, which he warded off with a stick; that the prisoner, William LYND, made a blow with a grape he had in his hand, for the purpose of striking the grape out of BOYLAN’S hand, when he struck the grape against a tree which grew near; the shaft broke by the blow and the prongs of the grape struck BOYLAN on the head and knocked him down; saw the son of the deceased strike at LYND with a spade. Cross-examined – Through the garden was the way to Patrick BOYLAN’S bog.
Doctor Brice BLAIR examined – Was called on to see the deceased: found two small wounds and a large puncture wound on the upper part of his head: it had penetrated through the skull, half an inch into the brain, which was oozing out: dressed it and cautioned his wife not to disturb it; but when he went next day, he found that she had removed the dressing that he had upon it, which had a tendency to increase the irritation of the wound; is certain that the wound was the cause of death.
The evidence for the prosecution having closed, Mr. LOWRY, after a brief address to the jury, on behalf of the prisoners, produced Francis BOYLAN, who swore that the brother of the deceased had been in the habit of passing one of his bogs, the way which the prisoners were intending go, which had only been closed up about three weeks before.
Mr. LOWRY also produced the Rev. Henry USHER and Mr. William CRAWFORD, county-cess collector, each of whom gave the prisoners a good character for peaceable conduct. The learned judge having placed the evidence carefully before the jury, the latter retired and after a brief consultation returned into court with a verdict of not guilty
Eliza Jane COLLINS was indicted for having at Rehan, set fire to an empty dwelling-house, barn and a byre, the lands of the Rev. James BYRNE, rector of Cappagh.
John JEFFREY examined – Knows the lands of Rehan; was there on the 11th May, along with Francis SIMPSON, the bailiff of Mr. GREER, the agent of Mr. BYRNE, when dispossessing James DALY, the father of the prisoner, who lived on the lands; after the family had been removed, went to dispossess four others; observed smoke rising from a small house in the mountain; went there along with SIMPSON, who told witness to scatter the fire, which he did; SIMPSON took a spade and went to throw the house down; saw the prisoner leave the house (which had been an old byre and part of the roof off it) with three half burnt turf in her hand; heard her say that she would shortly make houses; saw her go in the direction of the house where her father had lived; saw her coming back again: observed smoke rising from the direction in which the prisoner had been; went there and found a coal in the thatch of the dwelling-house; pulled it out and got the dwelling house saved, but the barn and byre were burned. Cross-examined – The houses that were on fire were three, or four hundred yards from the small house: did not see the prisoner set the houses on fire; could not see her from where he was all the way; saw her at some distance standing with her father, against whom there was decree.
Francis SIMPSON, examined – Is bailiff to Mr. GREER; had got possession of the house of DALY before the houses were burned; witness went on the top of the small house to throw in the roof; saw the prisoner going out the house and taking burning coals with her; she went in the direction of the houses that were burned. Cross-examined – Lost sight of the prisoner after she had passed a couple of fields; got peaceable possession of her father’s house.
Hugh GALLAGHER, the sheriffs bailiff, produced the decree under which they acted. His testimony was much to the same effect as that given by the two former witnesses, neither of whom saw the prisoner setting the houses on fire.
Eliza DALY was examined – Is mother of the prisoner and wife of James DALY; saw the bailiffs at her house on the 11th May; they helped her out with the furniture at the time they took possession of the house of her husband; John JEFFREY told her after she had been put out of the house, that she might go to the small house on the mountain; SIMPSON came in a state of intoxication and commenced to throw down the house without putting out the fire: none of her family offered them any resistance; her daughter did not set the house on fire; she was not out of her sight after she left the little house; saw her go to where her father was, at a considerable distance from the house.
Mr. John M’CONNELL was examined and gave the prisoner an excellent character.
Anne STINSON was indicted for concealing the birth and exposing the body of a male infant child, at Tullycorker, on the 16th of July. Guilty – To be imprisoned four months and kept to hard labour.
James WALLACE, a lad of about 16 years of age, submitted to an indictment for vagrancy and expressed himself to the effect that he wished to be transported. The judge sentenced him to 2 months imprisonment, and in the event of his not getting security to be of the peace, and betake himself some lawful employment, to be transported for 7 years.
William M’CRACKEN was indicted for stealing a ewe and lamb, at Munderadoo on the 2nd July, the property of Andrew TRIMBLE.
Andrew TRIMBLE, examined – Missed ewe and lamb that he had at Munderadoo, on the morning of Thursday; found them again in the possession of the prisoner in the fair of Draperstown: he was offering them for sale; heard him ask 18s. for the lamb; claimed the sheep and caught the prisoner, who he gave into the custody of Constable S. HAMILTON.
Constable HAMILTON corroborated this part of the testimony of TRIMBLE. Guilty – To be imprisoned for 6 calendar months and kept to hard labour.
John M’HUGH and James M’HUGH, boys, apparently the one 12 years and the other of 14 years of age, were indicted for having on the 2nd April, burglariously entered the house of John CAMPBELL at Killeter and stole therefrom, a quantity of oatmeal, a linen sheet, and two shirts, his property.
The prosecutor was examined by Mr. SMYLY Q.C., and deposed to finding John M’HUGH, the elder of the two boys, at Drumskinny, in the County Fermanagh, and that he had on him at the time, a shirt, that was the property of the prosecutor. Sub-constable John WILSON examined – Took John M’HUGH into custody: he had on him an old shirt, which CAMPBELL stated to be his property. John M’HUGH guilty; James M’Hugh not guilty.
John M’HUGH, Rose M’HUGH and James M’HUGH were indicted for feloniously entering the house of John CAMPBELL, aforesaid, stealing therefrom on the 22nd June, 1cwt. of oatmeal, a window sash and a wooden dish. The evidence given against the prisoners, appearing to be quite conclusive, they were severally found guilty and sentenced by the court to be transported for 7 years.
Francis MARLEY was indicted for that he, on the 12th July, had stolen from off the store of Mr. Samuel DONNELL, Strabane, 50lbs. of lead, his property.
James DONNELL, examined – Is in the employment of Mr. Samuel DONNELL, Strabane; missed a quantity of lead from off his store; got some of it afterwards in possession of sub-constable M’CLELLAND; compared it with the edges of the lead on the store and found that they fully corresponded.
Sub-Constable M’CLELLAND examined – Got the lead from John SPENCE.
John SPENCE examined – Got six pieces of lead at the side of the vennel and Hugh O’DONNELL deposed to finding the prisoner lying on a cart cover in a vennel, near the house of a man named M’CROSSAN.
James BAIRD, a turnkey belonging to the gaol of Lifford, was produced by Mr. SMYLY and deposed that the prisoner had been convicted of larceny at the Donegal Assizes and sentenced to 3 months imprisonment, which he had put up.
Guilty – to be imprisoned 18 calendar months and kept to hard labour.
Anne M’MANUS was indicted for concealing the birth of a child – Not Guilty.
Poisoning of Mother
John JACKSON was indicted for having administered poison to his mother, Agnes JACKSON at a place called Cleggan.
It appeared from the evidence of the prosecutrix, that she had gone on the day mentioned in the indictment, to Dungannon, to purchase Indian meal and that after her return home, she had made some stirabout in a pot which was on the fire at the time and in which there was water and milk; that after using some of the stirabout she became unwell and was seized with an attack of vomiting, which was repeated during the night. She felt unwell for some time after, but at the same time, stated that she was quite convinced that her son did not give her the poison, as him and her had always lived on the very best terms. On her cross examination she stated that the house in which she lived was some time before infested with rats and that stirabout, in which poison was mixed, had been left out for them.
Sally DEVLIN examined – Was in the house of Mrs. JACKSON the day she went to Dungannon for the meal; saw her son (the prisoner) make some stirabout in her absence; afterwards put on the pot and put some water and milk in it, of which his mother, after she had brought home the meal, made stirabout, of which she partook; heard her say afterwards that she was poisoned; she threw off and continued to vomit occasionally till the break of day; saw the prisoner next day take stirabout out in a dish and bury it behind the house.
Constable John DEVIR examined – Found stirabout behind the house of Mrs. JACKSON; it was mixed with earth; took it to Doctor HODGES of Belfast.
Doctor HODGES was examined and deposed to having analyzed the stirabout which he got from Constable DEVIR and that he discovered in it two grains of arsenic. Mr. LOWRY, after a brief address to the jury on behalf of the prisoner, produced James MITCHELL who said that he was well acquainted with the prisoner and his mother and that they lived peaceably together. He gave it as his opinion, that the prisoner, instead of gaining, would be a loser by his mother’s death. Not guilty.
Francis HEPBURN was indicted for that he, with a number of others, had acted at Beragh, in a riotous manner, on the 5th June 1843; and also for assaulting James MOFFIT
From the evidence of James MOFFIT, it appeared that he had been in the fair of Beragh the 5th June 1843, along with his brother Andrew, who is now dead; and that on his return home he was assaulted by Robert MONTEITH, at the instance of the prisoner, who also assaulted him. A great number of persons were along with them. He said that he and his brother were severely beaten. Some other evidence having been given, the jury returned a verdict of not guilty.
Terence M’CARTEN, Bernard DONNELLY and Francis MACRORY, were indicted for that they, on the 15th April, at a place called Cranoge, had assaulted Anne COLHOUN and forcibly violated her person against her will and consent.
The offence was sworn to by the prosecutrix and her daughter, Ellen O’BRIEN, a girl of 17 years of age, who was in the house at the time. The only defence set for the prisoners was that the prosecutrix was a notoriously ill conducted person. The jury returned a verdict of guilty and the judge, after expatiating on the enormity of the crime of which the prisoners had been found guilty, sentenced each of them to 10 years’ transportation. The cries of the unfortunate young men when removed, were most vehement and continued for a considerable time.
Margaret MOYLE was indicted for the murder of a female infant child, at place called Careb on the 29th March; another count in the indictment charged her with concealing the birth of said child.
From the evidence of John SOMERVILLE and Bernard LOY, it appeared that the body of an infant was found by them, at Careb, in a boghole, on the 29th of March last. It was all under the water, except the feet and when taken out, a piece of a bog stick, of about five feet in length and one foot in circumference, was found to have been tied round its neck with some linen yarn.
Anne LOY deposed to the prisoner having lived previously in the house with Dan M’KEEVER and that she appeared then have been in the family way; heard M’KEEVER scolding her one night and telling her to lay the child on the father of it, which witness, in a conversation she had with her, subsequently, also advised her to do.
Doctor Robert HENRY stated that he had attended at the inquest, which was held at Careb, on the body of a female child, on the 30th March; it had come to its full time and it was his opinion that it had breathed; there were no external marks of violence to any part of the body; had examined the prisoner at the time; she had given birth to a child about 10 days before.
Not guilty of murder, but guilty of concealing birth. To be imprisoned 6 calendar months and to be kept at hard labour.
5 Aug. 1851
Catharine GARLAND presented by the Grand jury as a vagrant, was found guilty and sentenced to be transported for 7 years, in default of giving security to be of good behaviour.
Edward FISHER was also presented as a vagrant but acquitted.
Eliza HAMILTON, like charge – Guilty, to give security or to be transported for 7 years.
Peggy M’CORD, like charge – Guilty – like sentence.