Donegal Assizes, Lifford, County Donegal, Ireland March 1828

Extracted from the Strabane Morning Post, March 25 1828

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

This file of DONEGAL ASSIZES, LIFFORD, MARCH 1828 forms part of the vast archive of 4,000+ pages of genealogical records relating to COUNTIES TYRONE, DONEGAL, LONDONDERRY & FERMANAGH provided without charge or subscription by CoTyroneIreland Welcome to the Premier Website & Research Tool for Cos. Tyrone, Donegal, Londonderry & Fermanagh Genealogy (cotyroneireland.com) A complete list of records pertaining to COUNTY DONEGAL COURT RECORDS on this website can be found at the foot of this file.

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On Friday the Hon. Baron McClelland opened the Commission in the Crown Court. The following gentlemen were sworn on the Grand Jury:

E. M. Conolly, Esq. Foreman

Jurist	Jurist	Jurist
Sir J. Stewart, Bart.	R. W. Nesbitt, Esq.	T. Brooke, Esq.
W. Stewart, Esq.	Sir Edmund Hayes, Bart.	W. Wray, Esq.
Sir A. Chichester, Bart.	D. Chambers, Esq.	Sir T. C. Style, Bart.
D. Todd, Esq.	A. R. Stewart, Esq.	James Johnston, Esq.
R. Montgomery, Esq., Jun.	H. Babington, Esq.	James Sinclair, Esq.
J. Atkinson, Esq.	John Hervey, Esq.	A. Ferguson, Esq.
Sir R. Ferguson, Bart.	F. Mansfield, Esq.	G. Young, Esq.
Sir J. J. Burgoyne, Knt.

 

The following prisoners were put upon their trial:

Surname	Given Name	Details
Sheerin	John	Indicted for a Rape on the body of Catherine Meehan - Guilty ... but recommended to mercy. To be imprisoned one week
Porter	Sarah	Charged on two counts, one for passing base coin on Mr. McCormick of Donegal, the other, for fraudulently procuring base and counterfeit coin for the purpose of passing it ... Guilty, to be imprisoned one year and kept to hard labour
McCarthy	Catharine	For stealing 32 yards of cotton cloth, value £1 1s 4d. Guilty, to be imprisoned 6 months and kept to hard labour
Barton	Catharine	For stealing a piece of woollen cloth from William McDonagh of Ballybofey, Guilty. To be transported seven years
Brock McCabe	Charles Charles	For fraudulently combining, uttering and passing, base Sovereigns to the amount of 15. Not guilty of the conspiracy, but guilty of passing the Sovereigns. His Lordship in this case, mentioned that he regretted that from the Act under which the prisoners were indicted, it was only in his power to imprison them for 6 months
McPherson McPherson	James Mary	For stealing a quantity of yarn, linen cloth, 4 shirts and 2 sheets. James McPherson Guilty. To be imprisoned 6 months and kept to hard labour, and Mary McPherson not Guilty
Nelson	James	For stealing 12 blankets from the barrack master’s store at Lifford, on the 6th of September last. John Mullen sworn ... Remembers the 6th of September last; rose about two o’clock that morning; was going to the mountain to gather turf; is a servant to James Risk of Lifford. [Details of trial with statements also from James Risk and William Powell, Barrack Master of Strabane District] - Not Guilty
Deeney	Hugh	For having wilfully and maliciously set on fire the dwelling house of Francis Gallagher. [Statements from Nelly Gallagher, Mary Gallagher, Francis Gallagher, Sir James Stewart (Magistrate) and F. Mansfield, Esq. and for the Defence - Hannah McCormick and William Deeney]. The Jury having retired for some time returned a verdict of Guilty, recommending the prisoner to mercy. - Death recorded
Gillen Gillen Boyle	Hugh Edward Charles	Indicted for that they on the 8th of April last, did set fire to and burn a dwelling house, the property of the late Sir Samuel Hayes. [Lengthy details of the trial are reported]

 

(The remainder of this and other Trials will be given in our next)

April 1 1828

DONEGAL ASSIZES (Continued from our last)

Surname	Given Name	Details
Gillen Gillen Boyle	Hugh Edward Charles	Indicted for that they on the 8th of April last, did set fire to and burn a dwelling house, the property of the late Sir Samuel Hayes [Evidence from Daniel Cannon, Anne Gallagher, John Stewart & Captain Taylor. Reference to ‘John Cannon is in America’] His Lordship in charging the Jury said, that from the contradictory state of the evidence for the Crown, it was impossible for them to return any other verdict than that of Not Guilty; accordingly, the Jury without leaving the box, returned a verdict of Not Guilty
Miller	William	Charged with having, with James Miller; beat, battered, and abused Thomas Lockhart, on the 19th of January last, in consequence of which he died [William Miller’s father lives about three miles from Letterkenny....the Millers had been at Mr Little’s Mill getting meal ground. Evidence from Robert Bogle, Edward Harley & Robert McGhee] His Lordship in recapitulating the evidence, remarked, that from the first, it appeared that the deceased was the instigator of the unhappy affair, that had taken place, he having been the person who gave the first blow, and that the blow given by James was in defence of his brother. His Lordship said, that if James Miller was in custody, that he could only be indicted for manslaughter -- and he thought for that offence he could not be found Guilty, therefore, his Lordship thought the Jury were entitled to acquit the prisoner. The Jury returned a verdict of not Guilty
Sharkey	E.	Indicted for entering between the hours of 10 at night and 2 o’clock morning, and taking from the house of Margaret Crow, a quantity of wearing apparrel, &c. Not Guilty of the Burglary but Guilty for having the goods in her possession. His Lordship in addressing the prisoner remarked that she had a very narrow escape. ‘Had you,’ said his Lordship, ‘been convicted of the Burglary ~~ and no doubt but you would have been so, had there been sufficient evidence, you would have forfeited your life.’ His Lordship sentenced the prisoner to be transported for seven years
Sweeny	Manus	For stealing from the person of James Doherty, three pounds in silver and one pound note - Not Guilty
Davis Sweeny Mercer Davis Davis	John George John Francis Stewart	Charged with having on the night of the 17th of October last, rioted and entered on the lands of Drimminaught, the property of Widow McMonagle, and did and there, destroy 4 stacks of Hay, her property, by throwing it into the river Swilly. Submitted His Lordship addressed the prisoners ........ John Mercer, you were turned out of this land for non-payment of rent, and such was the spirit of you and your confederates, that you deprived a poor and unprotected widow of her right by maliciously destroying her property ......... The sentence therefore, of the Court is, that you, John Mercer, be confined for Twelve months, and find security to be of good behaviour; and in consideration of the rest of the prisoners being induced by you, JOHN and Stewart Davis, and George Sweeny, are only to be imprisoned 3 months, and Francis Davis to be discharged
Boyce	Patrick	For Cow stealing. Not Guilty
O’Donnell	John	For stealing a piece of Cloth off a Green, the property of Margaret Osburn - Guilty His Lordship in passing sentence, observed, that it was a pity a person possessed of so much talent, had the misfortune to be charged with theft, and not having the power to apply the talent to a better purpose. Therefore, to prevent him from exercising such a talent in future in a similar way, he would transport him for seven years. The prisoner on leaving the Bar turned round and exclaimed, “Devil may care, it’s nothing but a cobbler’s apprenticeship any way”

 

His Lordship on Monday ordered Eleanor Sharkey who was sentenced to be transported for seven years, for stealing from Margaret Crow, a quantity of goods, to be brought forward. His Lordship said, that since she was sentenced, and on consideration of her case, he had came to the determination to imprison her only for six months, and to be kept to hard labour. The prisoner on hearing this, fell down on her knees and returned her most sincere thanks to his Lordship, for his humanity

James Nelson, who was tried for breaking open, and stealing from the Barrack-Store, at Lifford, a quantity of Blankets, and found not Guilty, was brought forward on Monday, he having been detained in Gaol by order of the Court. His Lordship addressed him. James Nelson, you have had by the verdict of a humane Jury, a most merciful escape from forfeiting your life. I have been informed that, since and before your trial, in the Gaol, you have had the audacity to say, that as soon as you be released, that you will have revenge on a most respectable gentleman of this neighbourhood, who was the means of having you taken up for the robbery of which you have been found by the Jury, Not Guilty. Therefore, to prevent you from putting into execution your wicked designs and from quarrelling with any person in future, (you being as I understand, a quarrelsome man,) you are to find security to keep the peace to all his Majesty’s subjects for the space of 7 years, particularly to that most respectable Gentleman, Mr. William Spence. Yourself in £100 and two sureties in £25 each.

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