Friday 24 July 1846 Tyrone Assizes Henry LOUGHRAN indicted for having on the 15th June last, at Altona, set fire to an out-house on the property of Daniel M'GARRITY
Daniel M'GARRITY examined - Lives at Altona; remembers an attempt being made to burn a cow-house, his property, on the morning of the 15th June last, at 1 o'clock; was up watching at that hour, in consequence of his wife having left his house; his wife is a sister of the prisoner; heard a horse coming up near to him; 2 persons were on the horse; the prisoner, who was one of the persons, got off the horse and came to the house; saw him putting a coal or burning turf into the thatch; the other man was standing near with the horse; after the prisoner had put the coal into the thatch the two men rode away again; the prisoner could not see witness as there was a bush between them; is sure LOUGHRAN was the man who put the coal in the thatch; when LOUGHRAN went away the witness pulled down the thatch and called his brother, who was in bed; did not speak to LOUGHRAN; his brother helped him to put out the remains of the fire. To the court - The fire was nearly out in his own house, as the weather was warm. Cross-examined - His wife left him and went to her father; her father's cow-house was soon after burned; was at Termon petty sessions on a charge made against him by his wife and her brother; the prisoner at the bar was a witness; the petty sessions was adjourned the day in question without the case being heard and witness's cow-house was burned previous to next sessions. John M'GARRITY examined - Was in his own house in bed when his brother called him to put out the fire; helped his brother to put the fire out; his brother did not say to him at that time who had set the house on fire. Verdict - Not guilty Homicide John EDGAR indicted for having on the 20th Mar. 1824 at Benown, assaulted George WILLIAMS, thrown him on the ground and inflicted on him several blows and bruises which caused his death. Margaret CAMPBELL examined - Had a brother, named George WILLIAMS, who has been dead 22 years; saw him the morning of the day on which he died, when he was in good health; he was about 22 years of age at that time; saw him in Benown on the same evening at Dick ELLICE’s, at which time he was dead; there were several black marks and bruises on his breast; an inquest was held on the body by the two Mr. HAMILTON's; could not say how he was killed. Edward MAGOWAN examined - Knew George WILLIAMS; identified the prisoner, John EDGAR; saw him with WILLIAMS when the affair in question happened; was in company with the prisoner, WILLIAMS and others in Dick ELLICE’s public house; they had some drink, and WILLIAMS would not treat the party as the others had done; they began to quarrel and got up to fight, when witness and Dick ELLICE separated them; WILLIAMS and the prisoner were both in the street afterwards; when witness went out he saw John EDGAR giving George WILLIAMS a blow and a kick, when George WILLIAMS fell down; lifted WILLIAMS up, who never spoke afterwards until he died, the next day; saw no blows given but the box and kick; WILLIAMS was in a good state of health when this happened; saw EDGAR since in Derry; witness went to America, and returned again; it was after he came back from America that he saw EDGAR in Derry. Cross-examined - The affair happened 22 years ago; there had been drinking among the party during the evening; there had been a dance in the neighbourhood the same evening; WILLIAMS was at the dance, as was also witness; EDGAR and WILLIAMS were both ready to fight when the quarrel took place. Defence Counsellor DOHERTY argued that the case was one of justifiable homicide, as he was prepared prove that EDGAR had merely acted in his own defence. He had never left Ireland, but had resided in Derry the greater part of the time since, as was well known to the prosecutors and at the inquest no verdict was returned to implicate him as having the committed murder. James WADE examined - Was in Dick ELLICE ’s when the affair occurred; saw the company come into ELLICE’s; after drinking some time, George WILLIAMS appeared anxious to fight with EDGAR; Dick Ellice sent EDGAR out, saying he would not allow them to quarrel in his house; George WILLIAMS went after EDGAR, and challenged him to fight, which EDGAR refused to do; some parties interfered when WILLIAMS struck at EDGAR over their arms; EDGAR returned the blow, and WILLIAMS fell. Verdict - Guilty A certificate of character from the Hon. and Rev. Charles DOUGLAS, Rector of Earlsgift, was presented by Counsellor DOHERTY to his lordship on behalf of the prisoner. Unlawful assembly and Riot James M’ATEER, Wm. GIBSON, and David KELLY were indicted for having, the 18th Aug. last, unlawfully assembled and created a riot at Legilly wood. The counsel for the crown stated that the prisoners were the men who had been ordered by the court at the last assizes to be committed from the witness box, and that, in consequence of some of the witnesses having gone to America in the interim, they were not fully prepared to proceed with the prosecution. His lordship said they must prosecute the prisoners now or never. John CURRONAN, examined - Was at Legilly cottage on the of 9th Aug. last, when the riot look place; saw David KELLY, one of the prisoners, on that night at some distance from Legilly wood with a gun in his hand, there was a boy with him; witness was going to the cottage to look for work; there was firing going on during the time he was in the cottage, at the lower part of the wood; saw nothing more of KELLY after he saw him with the gun; heard the shots about two hours after he saw KELLY; knew a man named Daniel KAVANAGH, who he believed was gone to America; could not identify the other prisoners. Constable Henry CORR, examined - Was not at Legilly the day in question; heard some statements made by the prisoners at last assizes. To Mr. LOWRY-" These statements were made in answer to the counsel for the crown" Mr. LOWRY "Then say no more, sir." His lordship said the case could not be sustained as the prisoners had gone to America. Verdict - Not Guilty One of the prisoners made application for the expenses which he had incurred, by his attendance as witness, at the last assizes, which was refused by the court. Malicious Assault David M'CAULEY was indicted for a malicious assault on John CROLLY the 25th March last, at Rooskey - Submitted. Jane PATTERSON and William LOY were arraigned for the murder of James PATTERSON, a step son of Jane PATTERSON, one of the prisoners, on the 13th or 14th April last. Mr. SCHOALES Q.C., said that the crown was not prepared to enter into the prosecution of the prisoners and he would, therefore, apply that the parties should be ordered to remain in custody until next assizes, there were circumstances connected with the case which rendered it dangerous to permit them to find bail. Counsellor DOHERTY argued that there was nothing in the informations to prevent the prisioners being held to bail. His lordship concurred with Mr. SCHOALES and the parties were ordered to remain in custody. Anne BROWN for having uttered base coin, and Catharine O'NEILE for exposing a female child and thereby causing its death, were ordered to be discharged, no bills having been found against them. transcribed by Teena from the Tyrone Constitution -- 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/
