Hello Friends

The following extracts have been transcribed by Jane from the Newry
Telegraph, 7 August 1841.

(thank you Jane!)

Tuesday, August 3

Petit Jury: - Messrs, John CHARLTON, John HOUSTON, Andrew WALKER,
James KING, Archd. KING, Richard KING, David KEYS, William HOUSTON,
Jas. HOUSTON, Joseph SCOTT, Joseph WILSON, and Andw. WILSON

Manslaughter
Thomas ROBINSON, for killing and slaying James WILKINSON, on the 16th
of July, at Coagh, by giving him a mortal wound with a stick on the
left side of the head, of which he languished till the 17th of the
same month, and then died.

John McQUAID was the first witness, examined by Mr. SCHOALES, Q.C. -
Witness is a baker, and lived at Coagh when this business took place;
prisoner kept a public house there; witness and the deceased were
there drinking; had been drinking together before they came there;
deceased was not sober; he could walk, but was tipsy; got a naggin of
rum, and after it was drunk. Mr. ROBINSON ordered them out,
as it was near 11 o'clock at night; witness went out, but deceased
would not till he would get more drink, and commenced to kick the
counter with his feet; prisoner then pushed him out and shut the door,
but deceased began rapping at the door, and hitting it with a stone;
witness went about two perches away then, towards his own house, when
he heard a noise; turned and looked back, and saw the deceased lying
on the ground; witness then went back and lifted him, and found his
head cut and bleeding; he could not stand; saw no fighting before
this; deceased lived till 5 o'clock the next evening, when he died;
witness's wife had come for him; did not see the prisoner again till
he was in the custody of the Police the next day.
This witness was not cross-examined.

Mary McQUAID, wife to the last witness, examined by Mr. SMILEY. - Went
to ROBINSON's for her husband; the deceased called for a naggin of
rum, but the prisoner was not willing to give it; witness advised him
to give it, to get him away; he did so, and when he did deceased had
no money to pay for it; witness's husband paid for it; deceased then
wanted more drink, but ROBINSON would not give it, and when deceased
commenced kicking and jumping on the counter, the prisoner pushed him
out; witness then shut the lower half of the door, and ROBINSON
remained inside and barred the other half; deceased commenced beating
the door to get in again, and witness followed her husband, who had
gone across the street; on her husband going back when he heard the
noise, witness went also, and saw the deceased lying on the ground;
lifted his head, and saw it cut and bleeding on the left side; he
could not speak; saw other persons around him, and after a little the
prisoner also.

Samuel DENISTON, examined by Mr. JOHNSTON. - Was at ROBINSON's on this
night; on going to it heard a knocking as if at the door, and when he
went forward saw a man lying on the ground among the crowd, and a
woman shouting and crying; saw the prisoner going into his own door
with the appearance of something in his hand; could not tell what it
was, as it was nearly dark; it was like a stick, but longer;
went into the house and heard a knocking on the outside, as with
knuckles, and the person said the man was killed; ROBINSON then asked
witness what would he do? witness said, what could he do? he said he
would give himself up, and went out into the street; witness followed,
and saw the deceased lying bleeding on the street; did not see the
wound; the people said a Doctor shoud be sent for; went for Dr.
SAMPSON, but he would not come, and when witness came back, Dr.
McCORMICK was there; saw the wound then, on the left side of the head.

John HARRIS, examined by Mr. SCHOALES. - Was within one door of
ROBINSON's on this night; saw some people about the door as if they
had got some drink; a man was knocking at the door to get in; saw
another man come from the end of the house round the corner and catch
the man by the left shoulder,
and ask him what he meant, or what he was doing? he then gave him a
push with the left hand, and struck him with his right hand; cannot
tell what he had in his hand, but thinks he had something in it, as
the blow had a sharp sound; the man went away round the corner again;
don't know who the man was; don't know if it was the prisoner, as he
had never seen him before; the prisoner was only pointed out to him
since he came into town.

John MULLIGAN, Policeman, examined by Mr. JOHNSTON. - Went to
ROBINSON's house, in consequence of information he got; did not find
ROBINSON there, but found him in the street, and took him into
custody; went with him into his own house, and said to him that this
was a bad job; prisoner said
that it was indeed, but he could not help it, for he (deceased) was
breaking his door; witness cautioned him to say nothing that would do
himself any harm; he told witness nothing more.
Cross-examined by Mr. CHAMBERS.- Swore examinations in the case;
stated what he now states; also at the inquest swore the same things;
found prisoner in the street coming from William J. HOWARD's door, a
few yards from his own, a little after 10 o'clock that night; he went
with witness willingly.

Samuel VANCE, another Policeman, examined by Mr. SCHOALES. - Went to
ROBINSON's, in consequence of information he got, and found the man
lying bleeding; went into the house for the purpose of arresting
ROBINSON; did not find him in the house; went then for the Doctor, as
the man was
in a bad state; leaving the other Policeman with orders to arrest
ROBINSON if he would come; when witness came back ROBINSON was in
custody; carried deceased into the house then, and cautioned ROBINSON
as to what he would say; ROBINSON said the man was breaking in the
door, and the thing was as bad as it could be, and he coud not help it
then; he said he was somethinng rash.
Cross-examined by Mr. DOHERTY. - It is witness's duty to clear out
public houses, at an irregular hour; especially on public nights;
thought it part of his duty to caution the prisoner as to what he
might say, when he observed it was a bad job; was examined on the
inquest, but not on oath; the prisoner is a
licensed retailer of spirits.

William McCORMICK, Surgeon, examined by Mr. JOHNSTON. - Was called on
to examine the deceased immediately after the occurrence; found him
sitting on the street supported by some persons; found a fracture on
the left side of the head, extending the length of 5 or 6 inches;
found the brain protruding the entire extent of the wound; he lived
till the next evening; the wound was the cause of his death; made a
post-mortem examination.
Cross-examined by Mr. CHAMBERS. - The wound extended from the back of
the head to the front; saw no stones in the place; Coagh is a small
town; cannot say how long deceased remained in prisoner's house; sent
for Surgeon SAMPSON when he saw the wound having such a bad
appearance, and no hope of man surviving; said in ROBINSON's presence
the man could not live; said this to all the persons present; ROBINSON
did not make any attempt to go away when he heard this, but quite the
contrary.

Defence
James ANDERSON, examined by Mr. CHAMBERS. - Lives at Rossmount, near
Stewartstown; has known the prisoner from his youth; he was always a
quiet good lad, as ever was in the neighbourhood; he served his
apprenticeship to the baking business, in Dungannon, and witness never
heard anything
against him before.

Rev. Maxwell CARPENDALE, examined by Mr. DOHERTY. - The prisoner is a
parishioner of witness's and he always considered him a remarkably
good character.

Forbes G. SEATON has known the prisoner since his childhood; was in
habits of intimacy with him nearly ever since, and never knew him to
be of a quarrelsome disposition.

His Lordship then charged the Jury at some length.

Not Guilty.



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