28 March 1812 Murder
James DORNAN and James SMITH were indicted for the murder of William M'ALINDEN, a soldier of the North Down, the 29th October, at Downpatrick and also indicted for assault. James HARTWELL, surgeon, attended the deceased, for a fracture the scull <sic> ; assisted in trepanning him; €”the scull seemed to be beaten in with stones, or some such body. He languished 10 or 12 days and died. James BLACK is a soldier of North Down Militia. On the 29th Oct. a little after dark, was in company with M'ALINDEN; witness'€™s wife, six soldiers and a recruit were with them; they were going home; at the foot of the stream-brae,they went into the Widow WILLIAMSON's and had a pint of spirits and a pint of beer; when coming out of the house, a party of 16 or 17 men were before the door, shouting and crying "beu barrow". M'ALINDEN said something in answer and one of the crowd said, "who dare say anything against "beu barrow". € M'ALINDEN replied, he said against it and that it is a very improper word to be used to a soldier. One of the crowd, with a large stick slapped at M'ALINDEN; witness got between mob and deceased and endeavoured to draw him back into the house, but found the door was shut against them; witness and M'ALINDEN put their backs to the door and drew their bayonets to keep off the mob and endeavoured to get to the side of the wall towards the street; at this time another mob of about 40 were coming down upon them; they threw a shower of stones €”one of them struck M'ALINDEN and he fell, when attempting to rise, another stone struck him on the side of his head and he again fell. At this time the prisoner, DORNAN rushed out of the crowd and seized witness's bayonet; when about to recover it, the prisoner, SMITH came and struck witness in the face; the witness's wife now came up and taking hold of him, stopd between him and the mob, shouting to leave the place, or they would all be murdered, His wife was struck with several stones; heard a shot fired; w€™itness conveyed his wife to her sisters and when he came back, the mob had dispersed; M'ALINDEN was bleeding profusely and some of the townspeople carried him to a car and witness went for a doctor; it was clear moon-light night and the town full of people, being the fair day of Downpatrick. The stones were not thrown promiscuously, but in the direction of the soldiers. William LECKIE, a soldier of the Derry Militia, was in his lodging all the day; heard a rioting between the Downshire and crowd; saw M'ALINDEN knocked down; soldiers had bayonets drawn; saw a man throw stone and took him into custody, and afterwards delivered him to William M'ATIER; deceased was down at that time. When witness came out of his lodgings, he was somewhat confused seeing his brother soldiers beating the country people. William M'ATIER of the North Down Militia, remembers the riot on the fair night. LECKIE delivered James DORNAN into his custody and witness conveyed him to the guard-house; afterwards went to the prison and recognised DORNAN. Did not see many (drunk?) people in the fair. For the Defence, Michael M'LENNAN was examined and remembered the riot; heard "beu barrow" called out; was returning home with his brother and the brother of the prisoner SMITH; saw soldiers draw their bayonets and advance to the street towards Mathew SMITH and witness's brother, who told them he was going home and had nothing worse to say than God save the King. Mat. SMITH called back his brother, James SMITH, who was 3 or 4 perches before him, to take away Henry SMITH, who had been struck by some one and wanted to know who did it; they all went away together; prisoner SMITH never lifted his hand, or threw stones against any one. Saw prisoner DORNAN half an hour before the riot, but not in the mob. Does not know the meaning of "beu barrow". Has heard it often made use of in Loughinisland by the children. Matthew SMITH, brother to prisoner, saw a crowd at WILLIAMSON's; James SMITH was about 7 or 8 yards before wimess, going home; did not see stones thrown by SMITH. Henry SMITH having been struck by some one, witness called back the prisioner to take him away, which he did, without molesting any one; was not with witness going down the hill. Does not know the meaning 'beu barrow'. Arthur M'LENNAN heard the cry of 'beu barrow'! Soldiers said, to hell with barrow! Henry SMITH with witness. Soldiers came up to them and asked if they were of the mob. Witness said he had nothing worse to say than God save the King. Soldiers said 'pass on my good lad'. Henry SMITH was knocked down, and wanted to know who struck him, when James SMITH, the prisoner, came up, asked 'what's the matter', and took his brother away, saying it was no time for altercation and did not molest any person. This witness also denied any knowledge of the meaning of the words 'beu barrow'. Henry SMITH, heard the cry of 'beu barrow' and the soldiers stopped them and said they would see sun or moon through any one who would s€˜ay so a second time. Was struck down; refused to return till he should know who struck him; but prisoner SMITH came up and took him away. Prisoner could not have struck anyone without witness's knowledge. Does not know the meaning of the cry. Felix SMITH was with James SMITH. S ___ (?) at the top of the hill. He was so (drunk?) did not know witness, and could not even (?) stone to throw at soldiers. At the time stones were thrown DORNAN was at the top of the hill. Here the evidence closed and the Hon. B SMITH addressed the jury, rerapitulating the evidence in all its bearings, and pointing out much humanity, how far it tended to exclulp and charging, where any doubt existed on? minds, that they would permit it to (open?) favour of the prisoners. The jury retired, and after some time b (brought?) in a verdict of Not Guilty Died At Downpatrick on the 22nd inst. in the 62nd year of age, Mrs. McCORMICK, widow of the late Rev. McCORMICK, of Castlewellan, she was a tender mother and sincere friend, and deservedly lamented by all her acquaintances. In Saintfield on Wednesday 18th inst deeply regretted by her friends and acquaintances, Miss Catherine MACARTEN, daughter to the late D. MACARTEN, of a (tedious?) illness which she bore with the most christian fortitude? and€ resignation. At Armagh, on Sunday evening, the 22nd inst. Mr. A. (rest of forename unreadable) McKINSTRY, of Keady, aged (56? 86?) years. In him were combined all the social virtues that could adorn the (most?) dutiful son, the affectionate brother, and €”the warm friend. For integrity of principle, and true (independant?) spirit, few was equal, none could excel him. transcribed by Teena from the Belfast Commercial Chronicle -- www.cotyrone.com http://lists.cotyrone.com/mailman/listinfo/ulsterancestry https://www.facebook.com/groups/CoTyroneIrelandGenealogy/ _______________________________________________ UlsterAncestry@cotyrone.com UlsterAncestry Mailing List Searchable Archives: https://www.mail-archive.com/ulsterancestry@cotyrone.com/ http://lists.cotyrone.com/mailman/listinfo/ulsterancestry Website: https://cotyrone.com Facebook: https://www.facebook.com/groups/CoTyroneIrelandGenealogy/
