Transcribed by Teena from the Belfast Newletter 21 Mar. 1859 Co. Monaghan Assizes
Riot and Assault Edward MORRIS, Patrick MORRIS, Peter MORRIS, Francis MORRIS and Patrick DUFFY were indicted for having on the 2nd Feb. last, assaulted Edward HAMILL and inflicted upon him grievous bodily harm. The traversers were also indicted for a common assault on Peter HAMILL and for riot Mr. HAMILL defended the accused The evidence for the prosecution went to show that on the evening of the day in question, Edward HAMILL and Peter HAMILL, with their father, were returning from Castleblayney fair, when the traversers, their cousins, came forward and set on them with sticks. Edward MORRIS had his collar-bone broken and received other injuries on his head and body. The only cause assigned for the attack was that Edward MORRIS had had a quarrel with Peter MORRIS at a football match a short time before and that the latter threatened to be revenged on him. Mr. HAMILL addressed the jury on behalf of the traversers and relied principally on the incompleteness of the identification. The jury found a verdict of guilty against Edward MORRIS, Peter MORRIS and Francis MORRIS and acquitted Patrick MORRIS and Patrick DUFFY. - Edward MORRIS (father) - 12 months imprisonment; Fras. MORRIS, 18 months and hard labour; and Peter MORRIS, 15 months and hard labour. Thur. Mar. 17th Henry HENEY was indicted for having committed a rape on the person of Mary Jane ARMSRTONG, aged 17, at a place named Tomany near Rockcorry, on the 5th Jul. last. Mr. Samuel FERGUSON, instructed by Mr. WRIGHT, was engaged for the traverser. The prosecutrix, it appeared, is of weak intellect. She lived with the accused as servant. He is a farmer, with a wife and 4 children alive. The offence, as alleged, was committed about 7 o'clock the evening of the day in question. The mother and doctor were examined to prove the consistency of the girl in the story she told. The jury acquitted the prisoner. Catherine FIELDS, aged 17 years, pleaded guilty to an indictment charging her with having on 18th Feb. last, unlawfully and maliciously assaulted an old woman, named Jane WILDMAN, on the neck with a scythe-hook and did inflict her grievous bodily harm. She was sentenced to 3 months imprisonment. Records Court Wm. DIXON and John DIXON jr., were indicted for a malicious assault on George FARLOW near Ballybay on the 19th June last. George FARLOW examined - I reside at Dunadrun, between Ballybay and Castleblayney. I was at Ballybay fair on the 19th Jun. and left on my road homewards about 11 o'clock at night. I passed the prisoners and another man on the road about a quarter of a mile from the town. They came after me and Wm. DIXON tripped me and knocked me down. They all then commenced to kick and beat me. As I was getting up one of them kicked me in the neck and knocked me nearly dead. I have almost lost the sight of one of my eyes. I never gave the traversers any provocation. I was insensible when the police carried me into a house. Cross-examined - I did not tell the police that I had not been robbed and that I did not know who had beaten me. I cannot tell how much I drank that day. I took 2 half glasses of whiskey and a glass of porter. I may have taken 2 or 3 glasses of ale and some cordial. I was in 4 or 5 public houses that day. An alibi having been proved, they were acquitted. Reformatories for Juvenile Offenders Thomas CLARKE, aged 15, convicted of having broken into a store and stolen a quantity of flax therefrom, having been set forward, his lordship said "Thomas CLARKE, I have felt great difficulty as to the punishment I ought to direct to be inflicted on you, for there can be no doubt of your guilt of the crime you have been charged with and it is a very melancholy thing, to look at the prospect that appears to be before a boy of your age. Provision has been made lately for the establishment of schools, to which boys of your age may be sent, for a term after the term of imprisonment, whatever it may be, which may be directed as their sentence. I understand, from the inquiries I have made, that your only living parent is confined a prisoner in this jail, under sentence, and in the hope that before the termination, of the term of imprisonment to which it shall be my duty now to direct you to be committed, some reformatory school may be established to which you may be sent. It is now my duty to order that you be imprisoned for the space of 6 calendar months, with hard labour and that you be kept during that term of imprisonment, as far as possible, separate from the other prisoners and at the expiration of that period, that you be admitted into a school duly certified under the provisions of the Act I have mentioned, the managers of which, may be willing to receive you, as may hereafter and before the expiration of imprisonment, be directed by the Justices of the assize in the county of Monaghan. Your only surviving parent being a member of the Church of England, the reformatory school must be established under that system. Manslaughter Joseph M'CLURE stood indicted for having caused the death Patrick DONNELLY on 24th Dec. last. John M'GILLAN sworn and examined - l was in this town on 24th December. I remember leaving it in company with Patrick DONNELLY. He was not an old man. I went in the direction of Castleshane, on the Castleblayney road. I know a blacksmith named Edward CONNOLLY. He lives about 3 miles out of Monaghan. I was sober that evening, so was DONNELLY. We went into CONNOLLY's house. I was followed in by Joseph M'CLURE. (identifies prisoner). After he came in I missed one of my bottles of whiskey. I asked him if he had taken it and he denied it. We had only been a few minutes in the house. I was filling the pipe. I put up my hand to search him for the whiskey, when he struck me. He (the prisoner) took the stick out of my hand. We got into holds. CONNOLLY's wife got between us. M'CLURE ran out. I don't know whether he took the stick with him. I was delayed by the owners of the house. M'CLURE appeared to me to be sober. After a little I went out. M'CLURE lives about 4 perches from CONNOLLY's. I went in a homeward direction. Before I got as far as M'CLURE's house, I saw the deceased near M'CLURE's house. I saw M'CLURE with a bed post like this (produced) in his hand. He struck the deceased man with it. The deceased fell. He said, " boys, don't murder me for no offence."; M'CLURE attempted to strike him a second time. I went between them and was struck in the head and hand. I saw another person with M'CLURE, named GORDON. I got a hold of the bed-post and kept it and gave it to John CONNOLLY. The deceased was hardly able to walk. I took him into John CONNOLLY's. The deceased said he could go no farther. I saw him bleeding at the nose. The deceased remained there for the night. I stopped with him til the next morning, when I left him at home. That was on Christmas Day. He died on the 30th December. I was at the inquest. GORDON was not there. Cross-examined - l drank 2 half glasses of whiskey that day. I might have tasted more out a glass if it were handed to me, and I might have handed it back without tasting it. Rose M'NAUGHTEN examined - I was in the prisoner's house, rocking the cradle, on the night before Christmas Day. The prisoner's wife came in and the prisoner came running in after her and got the spade shaft. When she saw this, she said "Oh, dear, you go won't out." He said he would run through the door. I then heard a voice from the outside say "Give me back my bottle." The prisoner went out and came back in 5 or 6 minutes. He ran up to the bedroom and took a stick like a bedpost out of the house with him. This bedpost (produced) is like it. He came back in 5 or 6 minutes without the bedpost. He shut the door and stood behind it, saying " I have settled one man, anyway." He was bareheaded and had a scratch on his head. He said he had been stabbed. I said it was more like the blow of a man's fist. I saw the spade shaft and bedpost at the coroner's inquest. I see something like blood on this bedpost. James DONNELLY examined - My son, the deceased, came home on Christmas morning. (The feelings of the witness in speaking of his son rendered his utterance almost inaudible.) He was my only son. He was put to bed. I saw a stream of blood from the door to the bedside. On Sunday evening I went for Dr. DONALDSON. My son died on Thursday evening. Dr. DONALDSON examined - l am the dispensary doctor at Castleshane. I attended the deceased from the 27th Dec. till the day of his death. He had a contused wound on his forehead and his eye was blackened when I first saw him. I assisted to make a post mortem examination. Corresponding with the wound on the forehead, there was a fracture of the skull and a clot of blood on the brain; the consequence of the fracture, which was the immediate cause of death. The bedpost produced is such as would have caused the wound on the head. Mr. HAMILL addressed the jury for the prisoner. He contended that the crown had not made out their case so clear from all doubt, as to warrant the jury in coming to a verdict of guilty. The jury found a verdict of guilty, the foreman saving "The jury, my lord, wish to recommend the prisoner to your merciful consideration, believing that he received great provocation and in consequence of the excellent character he has received. His lordship "l shall be prepared to forward your recommendation to the proper quarter." The prisoner having been put forward, his lordship, after a most impressive address to the prisoner, sentenced him to penal servitude for life. The prisoner, a very dogged-looking, athletic young man, who had remained unmoved throughout the trial, burst into tears. The wailing cries of several females were instantly heard in the court house and the mother and wife of the prisoner pressing towards him in great distress, the scene became one of the most painful character. The prisoner "My lord, you may as well hang me as send me off now, for I never was guilty of doing it." then proceeded to curse, with great emphasis, the witness M'GILLAN, the cries of the women and confusion of the people in the court still prevailing above the efforts of the constables to preserve order. In a few minutes the prisoner was removed, aud the busiuess terminated. -- 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/
