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Tyrone Assizes, Omagh - March 1826


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Tyrone Assizes, Omagh - March 1826
Extracted from the STRABANE MORNING POST, Tuesday, March 21, 1826

Transcribed, compiled and submitted by Len Swindley, Melbourne, Australia
len_swindley[at]hotmail.com



The Assizes for this County commenced at Omagh on Tuesday last. The Hon. Justice JEBB presided in the Crown Court, and the HON. BARON McCLELLAND in the Record Court.

The following Gentlemen were sworn on the Grand Jury:


Hon. Henry CORRY, M.P. Foreman


Sir Hugh STEWART, Bart.


L. GALBRAITH, Esq.


Mervyn STEWART, Esq.


J. D. ECCLES, Esq.


J. C. MOUTRAY, Esq.

Alexander CAMPBELL, Esq.


William VERNER, Esq.


Col. Henry MONTGOMERY


W. L. CUNNINGHAM, Esq.


H. G. EDWARDS, Esq.


Robert Wm. LOWRY, Esq.


Sir J. J. BURGOYNE, Knt.


James LOWRY, Esq.


Robert POWER, Esq.


Wm. D. IRVINE, Esq.


Robert EVANS, Esq.


J. BURGES, Esq.


William MURRAY, Esq.


Sir R. A. FERGUSON, Bart.


John S. MURRAY, Esq.


Jones CRAWFORD, Esq.


William BROWN, Esq.





The following prisoners were put to their trial:


CLARKE Owen


DEVLIN James


DEVLIN Peter


Charged with having, on the night of the 6th of November last, entered the dwelling-house of FRANCIS McCULLAGH, and did then and there kill and murder said Francis McCullagh - Guilty; to be executed on the 20th inst. (yesterday) and their bodies to be given to the Surgeon of the County Infirmary for dissection


CLARK Jas.


DEVLIN Henry


DEVLIN, P.


For the same offence - not guilty

DONNELLY James, alias QUIN


For cow-stealing - Guilty; to be transported seven years


COLLINS Catherine

For robbery - Guilty; to be imprisoned 18 months, and kept to hard labour


CUSH Nancy

For stealing a pair of shoes - guilty; to be imprisoned six months, and kept to hard labour


REED Robt.

Charged with wounding JAMES O’NEILL on the road to Drumquin - guilty of the assault; to be imprisoned 12 months


CALDWELL James

Charged with forgery, and having defrauded H. FOSTER of the sum of 4 4s. 4d. - guilty; to be imprisoned six months


MOONEY James

For picking the pocket of GILLY McHUGH of the sum of 2s. 81/2d. - guilty; to be imprisoned 6 months


LOGAN John

For cow-stealing - to be transported seven years


HANNIGAN William

For aiding and assisting in slaughtering a cow and selling the hide, stolen from PAT. McLAUGHLIN - to be transmitted to Lifford [Co. Donegal], to abide his trial


TRACEY Patrick


TRACEY Lawrence


CONWAY, F.


MCBRIDE, J.


LOUGHRIN, P.


LAUGHRIN, P.


Charged with forcibly breaking and entering the house of ADAM KEENAN, and assaulting and unlawfully imprisoning him - guilty; to be imprisoned 12 months, and to give security for good behaviour


CONWAY Henry

For the like - not guilty


MALLON George

For the murder of MICHAEL DONELLY - guilty of manslaughter; to be imprisoned six months


SAVAGE Mary

For having a quantity of stolen calico in her possession - Guilty, to be transported seven years


JOHNSTON Robert


McDANIEL Peter


For having in their possession a quantity of base coin - guilty, to be imprisoned 6 months


McCUSKER Thomas

For having robbed R. BURNS of bank notes - guilty, to be transported seven years


COLL Francis

For having on the night of the 21st January last, assaulted MARY ANNE COLL, otherwise RED, and snapping a pistol at her with intent to take her life - To give security to appear at Sessions


McGINN John

For having Bank Notes in his possession the property of THOS. HARVEY - Guilty - To be transported 7 years


JOB Andrew, Sen.

Charged with having on the 3d September last, murdered WILLIAM ISAAC - Guilty of Manslaughter - to be imprisoned 12 months


KYLE Sproul

For attempting to take the life of FRANCIS McALEER, by presenting and snapping two guns at him --- to give security to appear at Sessions


DILLON James

For having under false pretences obtained from A. POLLOCK and Co. of the city of Dublin, the sum of 2 16s. 7d. - to be transmitted to Dublin


SMYTH Ellen

Charged with having stolen yarn in her possession - Guilty - to be imprisoned one month


TEARNEY James


STRANGER John


HUGHES, H.


Charged with larceny - Guilty - to be transported 7 years



Forty three persons were convicted of practices connected with Illicit Distillation - 27 of whom to be imprisoned 2 months, 14 one month, and 2 for three months. About 50 persons were discharged by proclamation for various offences


Yesterday, the three unfortunate men, convicted at Omagh for murder, were executed in front of the new Gaol



Tuesday, March 28, 1826


MURDER.


CLEARY Owen


CLEARY James


DEVLIN James


DEVLIN Henry


DEVLIN Peter


Were indicted for the murder of FRANCIS McCULLOUGH, at Ballyfeagh, on the night of the 6th November, 1825. (The deceased was a gamekeeper of SIR WM. McMAHON’S, the Master of the Rolls)

ALICE McCULLOUGH, examined by MR. JOHNSTON -- (Witness said she understood some English words, but could not speak it - she was examined by an interpreter, one of the turnkeys of the gaol.). She said she knew Francis McCullough; he was her husband; he is dead.

[A full report of the trial is printed in this edition of the newspaper]

The prisoners’ defence consisted of an alibi, which, if believed, was sufficient to warrant the Jury in acquitting the prisoners; but after two hours consultation they returned their verdict - Acquitting JAMES CLEARY and HENRY DEVLIN, and finding PETER and JAMES DEVLIN, and OWEN CLEARY, Guilty. Sentence: to be hanged on Monday the 20th instant





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