transcribed by Teena from the Tyrone Constitution 17 Sept. 1880 Cookstown Petty Sessions
Hugh CAMPBELL, Tullyodonnell, brought up John MACKELL of same place, charging him with, that he, at Tullyodonnell on the 29th and 30th August did forcibly enter on the lands of complainant and pull and remove a quantity of flax his property against his will by force and in defiance of the law. Hugh CAMPBELL deposed that on the night of Sunday the 29th Aug. the defendant came on his lands with between 9 and 10 people and took his flax forcibly; they pulled it up out of the ground and drew it away; there was the flax of 13 pecks of seed; they came in the middle of the night; he (complainant) gave them no leave to come; he was afraid to go near them but he called out to them to stop and not rob him of his property; Mary MACKELL, his wife, was with him pulling out the flax; his brother Arthur MACKELL and Johnny CONNELLY were drawing it away, also his sons, Arthur and James MACKELL, and a woman named CONNELLY; he (defendant) had no right or title to take the flax; he (complainant) was to pay MACKELL for seed and horse work when he sold his flax; on the Sat. before, defendant came to his house, caught him by the throat and swore he would have his life; his (complainant's) sister was present and said she would go for the police; the flax was not ready for pulling; he had no decree or order; the bargain was that he give him (complainant) the flax seed and he was to pay 3 pence interest, besides the cost of the seed and labor when he would sell the flax; He employed James BURNS, his neighbour to help to sow the seed and paid him; all MACKELL did was the horse work; he sowed part of the seed himself and John MACKELL sowed 3 pecks. Cross-examined - defendant is bail for me with Mr TENER for £7, with Cookstown Discount Company for £4; I am bail for him in Mr FLEMING's bank; he is bail for my sister for £4; long before I got the flax seed I mortgaged my farm for £70; I paid John BURNS 3s. a day; I said I would give him money when I got it; went to Peter M'GUONE for flax seed but he refused it; I went to Edward M'DONALD and he promised to get the flax seed for me; I was to pay him when I sold the flax and for the horse work, but he did not give it to me, though he got it for me; defendant asked me to give him a writing for the crop lest somebody should take it, but I refused; defendant came to me on the 7th May and asked was I not going to put in a crop, then he said, "I think I can get you the seed; it was then we made the bargain I spoke of; my sister was present. Rose CAMPBELL sister of the last witness deposed - I live with Hugh CAMPBELL; on the morning of 30th Aug. about 5 or 6 o'clock I looked out and saw John MACKELL and a party of people with him, some pulling, and others carrying my brothers flax; they had 2 horses drawing it away; I shouted to MACKELL that he was robbing us and my brother did the same; I ran up to the Rock to the police as hard as I could go; I heard my brother shout they were robbing him, but it was no use; the witness deposed to the persons her brother named as being present and corroborated the statement about the bargain. Cross-examined - l was present when the bargain was made with Edward McDONALD; he was to put in all our crops, corn, and flax and the bargain was to be the same as with MACKELL; afterwards he did not keep the bargain. Constable M'LARNON, Rock, deposed that on the day in question he was requested to go to the place; he saw John MACKELL with 6 others engaged in pulling flax; they had about half an acre pulled then; he spoke to MACKELL to stop; he (MACKELL) said he had attorney's advice and would go on; the flax was in too green a state to pull. The defendant was returned for trial to next Dungannon Quarter sessions, bail accepted himself in £10 and 2 sureties in £5 each. All the Best Teena -- www.cotyrone.com http://lists.cotyrone.com/mailman/listinfo/ulsterancestry https://www.facebook.com/groups/CoTyroneIrelandGenealogy/ _______________________________________________ [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/
