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Tyrone Assizes, Omagh, July 1838


Tyrone Assizes, Omagh, July 1838
Extracted from the Londonderry Sentinel July 28, 1838

Transcribed, Compiled and Submitted by Len Swindley, Melbourne, Australia
len_swindley[at]hotmail.com



COUNTY TYRONE ASSIZES

CROWN COURT. – Omagh, Tuesday, July 24

At ten o’clock, the HON. JUSTICE TORRENS, took his seat in the Crown Court, when the following gentlemen, who had been placed on the grand panel on Saturday, for the purpose of proceeding with the fiscal business of the county, were re-sworn: -

CORRY MOUTRAY, Esq., Foreman

ARTHUR W. COLE HAMILTON , Esq.

SAMUEL GALBRAITH, Esq.

ROBERT Montgomery MOORE, Esq.

ALEXANDER McKENZIE, Esq.

THOMAS GREER, Esq.

JOHN HUMPHREYS, Esq.

JAMES ANDERSON, Esq.

ROBERT WARING MAXWELL, Esq.

THOMAS RICHARDSON, Esq.

THOMAS HUSTON, Esq.

CHARLES BOYLE, Esq.

SAMUEL VESEY, Esq.

JAMES SCOTT, Esq.

HENRY POLE, Esq.

HENRY CROSSLE, Esq.

GEORGE CRANFIELD, Esq.




After the Petit Jury had been sworn, the following trials were proceeded with: -

DANIEL GALLAGHER

For having on the 6th of February, at Strabane, been found cutting lead off the shades of the Corn Market.

CATHERINE DEVINE deposed to observing the prisoner on the top of the shades, who told her he was cutting lead to make bullets; told her brother.

MICHAEL DEVINE deposed to having charge of the Corn Market of Strabane; examined the place and found 13 lbs weight of lead out and rolled up – (the lead was produced in court) – went in search of the prisoner and took him into custody; the people in the house where he found him acknowledged having given him the knife.

Traverser made a very ingenious defence, on the ground of not being either found cutting the lead or having any of it in his possession. Guilty.

His lordship said that except he produces some person to give him to give him a character, he would transport him.

WILLIAM BARLOW

Indicted for assaulting JAMES McCARTNEY, at Omagh, on the 20th of January, and stealing from him 3 in bank notes.

James McCartney, sworn – Recollects the 20th of January; lost 3 on that day; witness had come up to where there were persons gambling; lost two shillings; took out his purse to look for more silver; the purse was snatched from him; thinks it was the traverser who took it; was too much frightened at the time to be sure of him; JOHN McKERNAN was with him and saw the occurrence.

John McKernan, sworn, examined by John Schoales, Esq., Q.C. – Was with McCartney when he lost the money. Identifies Barlow, the prisoner, as the person who took it.

The prisoner, in his defence, said that he did not steal the money, but that it was given into his hand to hold by the prosecutor, when he was gambling. Guilty – to be transported for ten years.

NEAL CARROLL

Indicted for stealing from ROBERT SPROULE, at Bomacatol, a quantity of money in gold and bank notes; also a case of razors. Pleaded guilty – transported for ten years.

EDWARD STARS

Indicted for a riot, and assaulting JOHN McKINNY. Submitted.

BIDDY J. McKENNA

was indicted for stealing 5 10s in bank notes from DANIEL DONNELLY, at Auchnacloy, on the 12th of April.

Daniel Donnelly sworn, examined by the Court. – Deposed to losing the money on the night in question; when asked to identify the prisoner, after a most intense and lengthened gaze witness said, that he thought she was the person who robbed him, but that she appeared more quiet and innocent looking then than on the night he lost his money. The observation produced some laughter in the court.

FRANCIS BRADY, a policeman, deposed to searching the prisoner, but did not find any money upon her; heard that she and her mother had changed it for silver in the town of Monaghan; searched the latter, and found three purses on her person; containing several sums of money.

Donnelly was re-called and asked if he could identify any oneof the purses as the one he had lost. This he could not take upon him to prove. Not guilty.



A number of persons, to the amount of forty and upwards, Roman Catholics and Protestants, were indicted for a riot arising out of a kind of procession with drum and fife which the latter party had formed on the evening of the 23rd of June, when they were attacked by the former, who attempted to break the drum.

When the trial was about to be proceeded with, MR. GARRATY, Solicitor on the part of the Roman Catholics, and MR. NEWTON, on the part of the Protestants, applied to his Lordship for the purpose of allowing the prosecution to drop by mutual consent, as the parties, being neighbours, wished to shake hands, and go home together as friends. In this application, they said they were joined by their respective landlords, who had spoken in flattering terms of the character of the young men before this occurrence.

Judge Torrens said he could not entertain the application, without the consent of the Counsel for the Crown.

After some remarks from Messrs. SCHOALES and SMYLY as to the illegality of such a proceeding, it was finally agreed that four on each side should submit to such punishment as the Court should should deem necessary to inflict – the rest to give in bail at the petty sessions nearest their places of abode, themselves in 20 each, and two sureties in 10 each, that they would in future be of the peace, and in default thereof, to appear for judgement when called upon.

His Lordship than addressed the respective parties, and in strong and appropriate language pointed out the folly of these broils, which caused them to be dragged from their families, and placed liked felons in the gaoler’s dock. The law, he said, was their parent, to its correction they were obliged to bow, and their submission, when they could not help it, was but a small palliation of their offence. He hoped that they would, in future, live in peace with one another; and with this suitable admonition, desired that they should be discharged.



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