13 March 1857 MURDER At the assizes for the county of Tyrone, held at Omagh, on Friday, before Mr. Justice JACKSON
John MONTGOMERY and William MONTGOMERY were indicted for having, at Kilterman, near Fivemiletown, on the 3rd Sept. last, murdered Jane M'NEILL. The circumstances of the case, as detailed in evidence, were of a very extraordinary nature. Jane M'MENAMY examined - is daughter of the deceased. Is mother of a child which is dumb and unable to walk. Lived at Kilterman on 3rd of Sept. last. Was at home on that day. The dumb child went to sleep with its mother that night, and witness, occupied a bed in another room. Awoke during the night, and found the roof of the house on fire. Heard a noise at her bedroom window after she rose. The window was soon after smashed and when witness looked out saw Samuel and John MONTGOMERY, sons of Widow MONTGOMERY, the owner of the house. Samuel MONTGOMERY was standing in the street and John had broken the window. This occurred in the front of the house and the fire was in the back. Witness immediately called her mother, who rose. Went with her mother into the kitchen and attempted to pass out of the house. John MONTGOMERY struck witness on the brow with a stick and would not allow her to go out. Saw William MONTGOMERY then, he had nothing in his hand. Her mother then brought the dumb boy to the kitchen on her back and asked for God's sake to be allowed to go out. After this her mother did get out of the house. When she went outside the door, she was struck on the abdomen with a stone, by William MONTGOMERY. Heard her mother cry out that she was murdered. Her mother had at this time the dumb boy on her back. The deceased, after being struck with the stone, received a blow of a stick from John MONTGOMERY, which knocked her down. Was quite sure the prisoners were the persons who struck her mother the two blows. The roof of the house was at this time burning brightly. The prisoners left after her mother was knocked down. Went for assistance to two persons, neither of whom would render any. This was about 12 or 1 o'clock at night. When witness returned, brought a bed out of the house and placed her mother on it, a short distance from the burning. The deceased lay on this bed all night, without it being under a roof. In the morning, got Dr. M'NEICE to visit her mother. The deceased was not removed to a house until 4 o'clock in the morning after the burning, when she was removed to Clogher workhouse. On the following Friday she died. Her informations were taken before she was removed to the workhouse. Witness had been noticed by Mrs. MONTGOMERY to quit the house at November. Neither of the prisoners had any communication with witness with reference to giving up the house. Cross-examined - Lived in the town of Augher. Did not know she had a bad character there. Was not an improper woman. Was married in Castlecaulfield. Lived in Dungannon before she lived in Augher. Did not keep a disreputable house in Dungannnon. Was never in custody of the police but once. Was never charged while in Dungannon with stealing £17 from a commercial traveller. A girl named Charlotte FEE who stopped with witness, was charged with stealing the money. Did not get into any trouble in consequence. Removed shortly after to Augher. Charlotte FEE followed her there and stopped some weeks. Afterwards removed to Fivemiletown and took a house from Mrs. MONTGOMERY. Mrs. MONTGOMERY told witness, when she noticed her to leave, that the people said she kept a disreputable house. Was convicted for receiving stolen potatoes while she lived at Kilterman and imprisoned 2 months. Was two months in Omagh gaol, when a child, for stealing a turkey. Did not steal the turkey, but it followed her on the road. This occurred twenty years ago. Is now about 30 years of age. Lives at present on the Aughentain estate, near Clogher, in the house of a Mr STUART, who is a married man. Did not wish to remain in Mrs. MONTGOMERY's house. Only refused to give up possession because she was advised she'd get £5 for doing so.When she came out of gaol last July, heard the MONTGOMERY's had treated her mother badly. Was filled with virtuous indignation in consequence, Charged the prisoners with an attempt to burn her house in August. Swore informations, in consequence, before Mr. PATTERSON, but he told her he would not believe her. Never swore she was in a state of nudity when she went to call assistance, on the 3rd Sept. Did not then say the MONTGOMERY's were murdering her mother. Knows a man named Terence M'CARRON. Did not see Terence from the 10th of May up to the time of the inquest on her mother. Terence was examined at the inquest. Did not hear him swear he was in her house on the night of the burning. Never had a cut on her ear. Never said to Mary M'CONAGHEY that the deceased had cut her on the ear with the tongs because witness had thrown a pot at her. Never threw a pot at her mother. Witness threw 6 or 8 cans of water on the fire. Saved nearly all her furniture. The notice to quit was served in the month of August by Mrs. MONTGOMERY Never told a Mrs. TRIMBLE that Terence M'CARRON was in the house with witness on the day of the burning William PATTERSON Esq. J.P examined - took the depositions of the deceased. The prisoners were present when the depositions were read to deceased. They then declared their innocence of the crime charged to them. cross-examined - The informations were taken at the time deceased was lying in the lane. Thinks the prisoners could have heard the answers of deceased to the questions which were asked. The prisoners were standing near at the time, in the custody of the police. Is positive the deceased was sworn as to the truth of her depositions. Knows the last witness and would be reluctant to credit her oath, unless corroborated by other evidence. Knew the character of the deceased. Does not think she was worthy of credit on her oath. The jury under, his lordship's direction, at once returned a verdict of not guilty. (We understand the evidence for the defence would have proved that it was M'MENAMY, who, herself, set fire to the house and that the old woman died from the effects of her daughter's cruelty and exposure) transcribed by Teena from the Liverpool Mercury _______________________________________________ [email protected] UlsterAncestry Mailing List Searchable Archives: https://www.mail-archive.com/[email protected]/ http://lists.cotyrone.com/mailman/listinfo/ulsterancestry Website: https://cotyrone.com Facebook: https://www.facebook.com/groups/CoTyroneIrelandGenealogy/
