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Strabane Quarter Sessions, April 1837


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Strabane Quarter Sessions, April 1837
place etc.

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



STRABANE MORNING POST, Tuesday, April 11, 1837

JOHN QUIGLEY

Clothes dealer, was fined 5 shillings for purchasing some articles of necessaries from a soldier of CAPTAIN HEWSON’S company, stationed at Lifford [Co. Donegal]

WILLIAM McNICKLE

Indicted for stealing a quantity of turf. Not Guilty

JOHN LOGAN

Indicted for stealing a quantity of turf, the property of WILLIAM ROSS, value 6 pence - to be imprisoned six weeks

EDWARD DIVINE

Indicted for stealing a quantity of yarn, the property of MR. ROBERT IRWIN, Strabane. Guilty - to be imprisoned three months and hard labour

JOHN McKENNA

Indicted for stealing a quantity of wearing apparel, the property of HENRY McCUE, of Killeter. Guilty - to be imprisoned 6 months with hard labour

WILLIAM McGUIRE

Indicted for an assault on the person of GEORGE McCORMICK. Not Guilty.

 

DANIEL McCALLION and WILLIAM BROGAN were placed at the bar and indicted for having, on the 10th of November last, beat and wounded ANDREW WILSON, at Strabane; and in second count for common assault.

ANDREW WILSON, examined by MR. ELLIOTT: - Recollects the 14th day of November, 1836; was at Strabane same day; was in his brother-in-law’s; met with the prisoner at the bar in the Main-street; BROGAN (the prisoner) came forward and shouldered him (witness); knows McCALLION; told Brogan to let him alone as he wanted to have nothing to do with him; Brogan told witness he had something to do with him; Brogan then made to strike witness, but was prevented by witness’ mother; McCallion (the prisoner) then came forward and struck the witness; did not knock him down with his fist; Brogan came forward and struck witness with a colt (witness described the colt to be a short stick loaded with lead and some made of ropes) from which stroke his skull was fractured; was struck several times by prisoner, McCallion; afterwards, being struck with the colt by Brogan, heard the crowd cry out, “Kill him, “Lay on him;” was confined to bed nine or ten days; was attended by SURGEON MITCHELL; swears positively that Brogan was the person who struck him with the colt.

Cross-examined by MR CHAMBERS - drank three or four Johnnies that day; thinks three Johnnies would not make Counsellor Chambers tipsy; did not swear that Brogan said he would have nothing to do with the witness. (Here the Court stated, Counsel must have taken down this part of the evidence wrong, as witness swore that Brogan replied, “That he (Brogan) would have something to do with him.” Is positive Brogan was the person who struck him with the colt; saw two soldiers on the street; spoke to them on friendly terms; did not come forward to prosecute for revenge; prosecutes for the love of justice; did not strike first.

To the Court - Cannot swear whether there were moonlight or not.

MARGARET WILSON, sworn - Is mother to last witness (ANDREW WILSON); recollects 14th November; was coming from her daughter’s house (the Hole in the Wall), about five or six o’clock in the evening; met her son; Brogan shouldered her son; did not know Brogan’s name at that time, but knew his person; swears he is the person who struck her son. (The Court desired her to point out prisoners, which she did by putting the rod on each of their heads). Swears Brogan and McCallion beat her son with a short stick; saw her son fall on his knees by the blow, could scarcely know her son’s features, by his being so much covered with blood; her son was taken to her daughter’s house by her son-in-law and daughter; thinks it was not moonlight that night.

Cross-examined by Counsellor Chambers - Has four sons; was going an errand of her own to MR. McKEE’S; her son Andrew is a very quiet boy, and is naturally of a good temper; swears he never lifted a hatchet to his father; never struck his father with anything; never had a quarrel with his brother; the police were never called in at any time; thinks her son took a little whiskey that evening.

To a Juror - His face was somewhat flushed by a little whiskey.

Knows Brogan since he was born; would know Brogan again without being told who he was.

To the Court - Was so throughother could not tell whether Brogan said anything to her son or not.

MRS. HUMPHRYS, examined by MR. ELLIOTT - Is sister to the prosecutor, lives in the Hole of the Wall; keeps a public house; about five or six o’clock in the evening, a woman came running to her crying out, “Andy is killing;” ran out to the Main-street; saw McCallion with her brother Andrew’s head under his (McCallion’s) arm, and he beating her brother; knows Brogan; did not see him among the crowd; brought her brother into her house, covered with blood; is positive McCallion is the person who struck her brother.

There was nothing elicited on her cross examination of any importance, only that her brother was a little hearty, but nothing the worse of what he had drunk.

MARY ANNE WHITE examined - Remembers 14th November; was taking a walk; heard Mrs Wilson (prosecutor’s mother) cry out, “Brogan, don’t kill my son;” knew McCallion many a day ago; saw McCallion strike Wilson, the prosecutor; heard the crowd cry out to Brogan, “Lay on him, lay on him;” was present when the doctor was dressing his wounds.

Cross-examined by Counsellor Chambers - Has no family; never was married; has had a child, (Witness, to the Court - thinks it is not a question required at present to answer). Her father is a cooper; lives herself by knitting and sewing.

DAVID MITCHELL, surgeon, examined - Remembers 14th November last; was called in to dress the wound of Wilson; the wound was in the head about three inches in length, caused by a blunt instrument; attended him for a week.

Cross-examined - Thinks Wilson was a little intoxicated; was very violent; might have been from the whiskey; thinks it was from the cut on his head he was violent; was not drunk.

For the Defence - JOHN CASSEN, 58th regt. examined. Recollects the evening of the 14th November; saw Andrew Wilson near the Market house; there were two other soldiers with him, walking up the street; Wilson came forward, about five o’clock, and shoved himself between him and his comrades; witness asked him what he meant; he told witness he could beat every soldier in Strabane, and could kick his ----; went up the street and left Wilson; saw Wilson and McCallion meeting each other, as if to fight; believes Wilson was drunk, and his conduct highly improper.

Cross-examined by Mr. Elliott - Is six years in the 58th regiment; never lived in the neighbourhood of Lifford; was recruiting in Strabane at that time; did not see Brogan that evening in the crowd; thinks Brogan might have been in the crowd without his (witness) seeing him.

Several witnesses were examined for the defence, all of whom proved a clear and distinct alibi for Brogan

Jury retired, and, after about half an hour’s deliberation, brought in a verdict of acquittal for Brogan, but found McCallion guilty of common assault.

The Court then adjourned till the following day.


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