transcribed by Teena from the Derry Journal 21 Mar. 1849 Omagh Crown Court
Burglary & Larceny Robert BRICE and Patrick BOYLE for having on the 2nd Feb. last at Strabane 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 Marriages Samuel Galbraith MAHAFFIE <sic> for having on 1st Sept. last at Craigmonaghan solemnized 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 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 McDONALD; she is 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 - Did not know whether the book was in 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 MAHAFFIE offered him money he would go 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. MAHAFFIE 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 - 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 in the Church of England. Constable John ROBINSON examined - Had served a notice 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 banns had been published for the marriage in question; 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 that the rubric required the minister to place the ring on the woman's finger. Mr. MACKLIN addressed the court and jury for the defense submitting that the marriage being imperfect in itself; did not come within the statute which rendered the celebration of marriage, at an illegal time and place, a felony and transportable offense. 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 he removed. John BELVINS indicted for having, on 14th Feb. last at Omagh burglariously entered the house of Patrick TEAGUE and for having stolen several articles therefrom - acquitted Michael MILLAR for having on 25th April at Kilcou_r _ (?) 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 the 4th Feb. last at Caledon, stolen 2 sheep the property of the Earl of Caledon Not guilty Con O'DONNELL for having 27th Jan. last at Donemana, stolen a horse value £10 the property of Patrick CANNON also for having same in his possession - Guilty To be transported for 10 years 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 James M'CRORY indicted for having on the 19th Feb. 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 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 15th Jan. last at Castlecaulfield Jane M'COURT for having on 6th Feb. at Ballylennon stolen a cow the property of Aaron M'lNTYRE - Not guilty John RIPPEY for having 13th Nov. last at Baronscourt stolen a cow the property of Charles SEMPLE - Guilty to be transported for 10 years _______________________________________________ [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/
