Tipperary Genealogy

Newspaper Account
Assizes March 1833
Contributor: May Heaphy

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Reports from the County Tipp assizes reported in the Tipp Free Press dated
March 20th 1833.

CROWN COURT.
The Hon. Justice Torrens took his seat on the bench this morning within five
minutes to 10 O'Clock. the court was called for three quarters of an hour,
in hearing and disposing of burning petitions; after which the Grand Panel
for the County was called over by Mr. Carmichael, and the following Petit
Jury was sworn:-
Richard Charles Blackmore
John Barnes.
Robert Keating.
Nicholas Maher.
William Lonergan.
Francis Greene.
Daniel Joseph Murphy.
James Prendergast.
John Luther.
John Minikin.
George Everard.
James Keating.
Margaret Hare, a square bodied, bluff faced young woman, was placed at the
bar, for stealing a pair of shoes and a cloak, the property of Patrick?
Collins, who resided within 5 miles of Nenagh.
Peter? Collins, a meagre loooking man, sworn-.
The court frequently remonstrated with witness , on the necessity of
speaking out, and direct him that it was his intention not to allow expenses
to those who would not address themselves in audible language to the Jury
and the Court. This, I find said Judge Torrens has been introduced by Baron
Gurney. The witness who pleaded deafness was, with difficulty informed of
what the learned Judge said. He, at length said, that he lived in a Parish 5
miles from Nenagh, was robbed of a pair of shoes and a cloak at night, when
asleep, has every reason to know who took them;- (Here he identified the
prisoner), she came into his house at night, and first opened the door
herself; followed her to the County Clare-(Laughter)-where he found her as
well as his shoes and cloak; when he went to the house to look for her, she
went under the bed to hide, knew her to be before that about the
neighbourhood, did not think she had any way of living; when he took her in
the house, he brought her to the police, she then acknowledged to have taken
the cloak. Witness was Cross examined by the Court, but nothing in
contradiction to his direct evidence elicited. He did not get the cloak or
shoes for 8? days after they had been stolen.
Court; Well Prisoner have you any questions to ask witness.
Prisoner-O my Lord, the varmint, ask him plase your worship, did he not lend
it to me, Your Lord.
Court; Well witness, you hear what the prisoner says-she says you lent her
the coat.
Witness-Wisha faith I never did, your Honours Glory.
Prisoner-O;my Lord, its all a conspiration against me-he only wants you8
darlent Honour the transportation money, my Lord.
Bridget Collins Sworn:
Court-Did you ever lend your cloak to the prisoner?
Witness-Never my Lord.
Prisoner-Within be my cowkins? (or sowkins), she did my Lord.
Clerk of the Court-Would you wish to ask any questions of the
witness-prisoner?
Prisoner-No questions plase your worship nly she lint me the cloak, My Lord.
Bridget Collins gave prisoner entertainment for two days, never saw her
working or otherwise employed, took her in for those days through charity.
Mr. Keating (Juror)-Witness had you had any acquaintance with the prisoner
previously to this.
Witness-No your honour.
A Policeman came forward and proved to the capture of the female heroine,
who appeared all the time quite fraught with virtuous indignation.
Guilty.
The learned Judge said; Prisoner, you appear to be an idle and very
disorderly person, you have robbed your neighbour who gave you
hospitality-You are to be transported for 7 years.

NEXT CASE.
John Keeffe, a youth appearantly about 15 years of age was presented by the
Grand Jury as a vagrant. Policeman Morgan, swore that he had no means of
living, but the produce of his robberies-he had been charged with robbery 12
times before in the town of Nenagh, was tried once and found guilty, the
sums were so trifling, that those from whom he stole them, did not think it
worth while prosecuting him therefor.
Guilty-To be transported at the end of three months, if no character be
procured for him.

NEXT CASE.
Nicholas Dalton was placed at the bar for the robbery of Thomas Slattery.
Thomas Slattery sworn-Remembers the 22nd of December last, he had, on that
day,  £18 in notes, and 9s in silver, in his pocket, was in the house of one
Cahill, at Kilsheelan, where he went into with the prisoner, whom he and his
brother met when returning from the fair in Carrick, lying on the road in a
helpless state, as he (prisoner) alledged from weak fits into which he was
subjected to lapse. They went to bed together at night and in the morning he
found that the waistcoat which he had on him during the night was opened and
the money taken out of it.; after giving information, it was discovered that
the prisoner on being searched, had a peculiar sixpence which the witness
had in his possession for 18 months before.
Guilty-To be transported for 7 years.

NEXT CASE.
Patrick Fox and Michael Fox were placed at the bar for a grievous assault on
Owen Ryan.
Owen Ryan, sworn, examined by Mr. Scott, knowas Patrick and Michael Fox,
they are neighbours of his, remebers last Jan., was coming from Limerick on
ed. night with 2 loads of wheat, Fox met him on the road, and pulled the
cape of his riding coat over his head, it was night at this time, around 11
O'Clock, was sure and certain Fox was there, knows him well, had a dispute
with him bout 3 years ago. Michael Fox was the one who first came up to him,
and he threw Fox on his knees. Foxes brother then struck him with a sharp
instrument, on the back of the head, the blow did not knock him down, nor
did he care much about it only he felt it a little uneasy. The Foxes then
and two others fell upon him, they all beat and bruised him, and took the
pennyworth of tobacco out of his pocket, and two pence in change. When they
had beaten him severely, they threw him aside on the road, and leaving him
apparently lifeless, they said"There is one of the number". (Here the
witness presented his head to the court which was actually rigid with
furrows). Knew the Foxes well so as could not be mistaken in them, does not
know who the other men were, who were with them..
Cross examined by Mr. Hatchell-The night was dark, but he knew the Foxes
well, was not tipsy returning from Limerick; Left Limerick about 4 O'Clock,
and was not drunk, on his oath. Here the learned counsel went into a very
long and able cross-examination, but did not shake the direct evidence of
the witness in the least, who appeared althro' to be most good humouredly
and well minded.
Policeman Smith arrested the Foxes about two hours after the affray occured
and found the blood of Michael Fox flowing from his knees, and his trousers
dirty and coat. Fox said to Ryan2You know Owen Ryan that neither you, nor
your father, nor your brother was man enough for us.
Here the prosecution ceased.
FOR DEFENCE.
Thomas Walsh, examined by Mr. Hatchell, sworn,-Knowas that the Foxes had
nothing to do in the matter. Went to Limerick to see a friend, on coming
home went into Foxes, they were both in bed; they were all awake in the
house that night as the Foxes had an unhealthy sister, who when she'd catch
cold would throw up blood, when he was leaving the house to go home, and as
he had his hand on the latch of the door, he heard the cries of Owen Ryan,
"Bloodily" calling out not to murder him, Ryan said he was a son of Darby
Ryan, Ryan was a neighbour of his.
Cross-examined by Mr. Smith, You are a neighbour of Owen Ryans and you would
not go to save him, was afraid of being beat himself, and the night was so
dark, is a friend of Fox, a near friend, is not a friend of Ryans, is a
neighbour though he believes, a second or first cousin of Fox.
The judge having summed up the evidence, the jury immediately returning a
verdict of guilty.
Both of them transported for 7 years.

Peter Lyons was placed at the bar, charged with a grevious assault on
Malachy Ryan at Cappa, also of robbing him of  £14.2.0. on the 27th of Jan
last. Malachi Ryan sworn-examined by Mr. Scott. K.C. Knows Peter Lyons, saw
him in Cappa, remembers the 27th of Jan. last saw him that day in Cappa, at
the house of Mrs Keane, they were both together, went down the street again,
saw him take a tongs out of the house and put it under his coat, did not
know why he took the tongs, supposed it was a spite he had against someone
in the street, had never thought it was against him, when they were both
going down by the pound gate, Lyons told witness to wait for him awhile, as
he had business inside for a moment, witness waited a long time and I
returned to look for prisoner, who when witness came up , told him he had
lost something and was looking for it. Witness was looking for what he had
said he had lost with prisoner, when he struck witness on the left side of
the head, and then took the tongs out also; witness lay insensible for some
time at length, when he recovered he found he was missing his money.
On Cross-Examination by Mr Hatchell, it was elicited that witness was a
pensioner in the East India Company, and had been robbed of his pension by
Lyons, a short time after drawing it. He had lost his left eye and an arm in
the service. Nothing however, contrary to his strict examination was
elicited, and the prisoner was found guilty. (Sentence not yet passed.).

Next Case.

Patrick Reddy, Thomas Fogarty, and William Condon, were placed at the bar,
charged with stealing a cloak, bed and other articles out of the Cholera
Hospital of Carrick-On-Suir. The witness who came forward to prove against
the prisoners, was of rather impeached character, and a verdict of not
guilty was then given by the Jury. .


Next Case.
Duncan King pleaded guilty to the charge, having stolen goods in Templemore.
Sentence to be passed.

Next Case.
Alice Condon was placed at the bar charged with a grevious assault on Alice
Bryan. (The readers of this journal, must have been acquainted with this
transaction) in consequence of the non appearance of evidence.
The prisoner was discharged.
Court-It is very lucky for you Alice Condon that the prosecutrix don't
appear here, your'se is a very serious one.
Mr. Smith, Your Lord, she doesn't speak english. (Laughter).
Court (To the Jailer)-Mr Sanford, tell the prisoner if you speak Irish, that
she would be transported were she able to be prosecuted and found guilty of
the charge against her.

The Hon. Justice Torrens took his seat on the bench this morning at 9'55.
The Grand Panel for the County having been called over by Mr. Carmichael,
the following Petit Jury were sworn.
John Doherty, John Wilson, Alexander Carew, Hugh Llyod, Charles Minchin,
Nich. Magher, Robert Jones, Thomas Heffernan, D.J.Murphy, John Minnikin,
Alex Bass and Bail Byrne.

Richard Dunn, Edmond Walsh, and Thomas Dillon were placed at the bar,
charged with the murder of Patrick Doheny on the 15th of last August at
Urlingford.
Michael Doheny sworn, examined by Mr. Scott.K.C.
Well, Doheny, was deceased any relation of yours?. Within as to the matter
of that, Sir, as far as I can say, he was my son by all accounts. (Loud
Laughter). Remembers the fair day in Urlingford, his son Patrick was in
company with him on that day, Knows Neal's Public House, went into it with
his son a little before nightfall, when they went in there was company
there, among them was one Jack Langford, and William Ahearne: After they had
sat down the prisoners drank to the health of Bodin who was an enemy of his
son's; the son then drank a toast to a person's health who was inimical to
them; there was a quarrel on a former occasion between those persons-about
four years since; he was going out when he heard words running high between
his son and the other party; Was asked, as he was going out, would he not
drink his beer. Bodin went into the next Public House and called out a party
therefrom; his son was then struck by the party very severely; he got blows
on the side of the head, and died a few days afterwards. Was attended by Dr.
Greene of Urlingford and afterwards by Dr. Doyle of Killenaule. Mr. Hatchell
cross examined the witness but nothing material was elicited.

Judith Doheny was the mother of the deceased, and proved the identity of the
prisoners.
James Doyle, B. Kelly, and Patrick Byrne were then called on for for the
defence to prove an alibi. The jury retired for about a quarter of an hour
and brought in a verdict; Guilty of manslaughter.

His Lordship then said; Richard Dunn, Edmond Walsh, and Thomas Dillon, you
have been found severally guilty of the crime of manslaughter, and I am
convinced that your deed might well warrant conviction for all the guilt of
murder; but the jury with that charitableness characteristic of them, have
taken a merciful view of your case, and by their verdict have pronounced you
guilty of the milder offence of manslaughter. I have not the slightest doubt
on my mind of the guilt of each and every one of you, and altho' a case was
attempted to be made out for one of you in particular, by the evidence of
the alibi witness, I have before me, in addition to the evidence of the
prosecutors, the testimony of an individual which the crown did not bring
forward to prove against you-this testimony is conclusive against you and
must be satisfactory to the jury. I therefore look on your case as a most
aggravated one, and falling little short of the capital offence of
murder-for which reason I shall order you and each of you to be transported
for the rest of your natural lives.
The Prisoners were then withdrawn from the bar.

While the jury were in the room adjudging the above case, (Mansalughter of
Doheny), the following Petit jury were sworn.
Anthony Lamphier,
George Smithwick,
Oliver Mills,
Clement Carroll,
Daniel Byrne,
James Kelly,
Robert O'Donnell,
John Toppin,
Robert Collins,
Patrick Walsh,
John Fitzpatrick,
Thomas Faulkner.

Thomas Hackett, William Maher and Thomas McGrath were placed at the bar,
charged with having assaulted the habitation of William Tyne, and with
ordering him to quit his employment. William Tyne remembers the night his
house was attacked; those who attacked it; "took the three cows out of it";"
was in the service of Mr. Lloyd, of Rathoof as caretaker of his place, had
been in his service 5 months previously; Thomas Meagher held that situation
before him; Thomas Meagher is William Meaghers father; it was by night they
came to attack his house, the door was first broken open and two men who
came in found spades in his house with which they cut down his house. knew
the three men on his oath,  tho' there were others there whom he did not
know; the two men who took down the spades were Thomas Hackett and William
McGrath, knew them three years before that period; saw Meagher aferwards;
they wanted him to swear to give up his employment; but he would not do so;
said the reason they came to him was; that he was a bad member and that he
should quit; they wanted him to kneel down; but he refused; they did not
beat him; but said he would be out of that place in six days.

Mr. Hatchell cross-examined the witness.
A few Policeman were brought forward who arrested the prisoners.
Pierce Llyod Esq. gave Maher and McGrath an excellent character, knew them
from their boyhood, they were in his occupation also.
Captain Jacob also gave them an excellent character.
Mr Basil Bryan knew Hackett for several years and he had ever bore a good
character.
Mr. Charles Minchin proved the same for Hackett.
The jury after consultation of 20 minutes returned a verdict of guilty.

After the trial of Thomas Hackett, William Maher, and Thomas McGrath, the
former jury were recalled, and Roger Feely was placed at the bar for the
abduction of Mary Lanigan.
Mary Lanigan, an innocent looking country girl, about 18 years of age, was
examined by Mr. Scott.K.C.  remembers the 8th of last Feb in the evening;
remembers being carried away; had not gone to rest previous to that, it was
yet early in the evening, perhaps not more than 4 O'Clock, her brothers,
mother and sisters were together with her in the house; her father is dead,
the house was shut at the time; and a rap came to the door, and some persons
called out for their servant boy whose name was Dan Maher; a number of
persons then came into the house when the door was opened, but she could not
tell how many there were; they spoke to her not to stir; one of them ran
towards her to catch her, but she ran to the crane, and held firmly to it
for a while, she was at length dragged from it; she was then taken from the
house; was taken away against her consent; they took her to no house; they
took her near to one which belonged to an aunt of Roger Feely; after they
had taken her so far they put her behind a horse which Roger Feely rode; she
knew Roger Feely before that time; they had not gone far when the Police
came up.
Mr. Scott-Did Feely say anything to you?-He did, he said he wanted to marry
me.
Mr. Scott-Had you been courting him before that time.
Witness-Indeed I had not Sir.
Mr. Scott-Upon your oath was it against your will that you were taken off
that evening.
Witness-Oh, then in troth, it was, Sir.
Mr. Scott-How far did they take you on horse-back.
Witness-We went a quarter of a mile, Sir.
Mr. Scott-Would you know Feely if you saw him, turn around and try can you
see him in the court.
(The next bit is hard to read, it looks like) The rod was placed on the
prisoners head and someone in the gallery was heard to give a loud shriek.

Mr. Scott-How far does the prisoner live from you.
Witness-He live about four fields away,
Mr. Scott-Did you know who brought the horse to you.
Witness-No. Sir. I did not.
Scott-Was there a saddle on the horse at the time.
Wit. I cannot tell, Sir.
Scott-but there was no pillion.
Wit.-No there was not Sir.
Mr Hatchell cross-examined the witness.
Mr.. H. Well Mary, how far from your house did they take you.
Wit. Not far, Sir.
Mr.H. There were men about you?
Wit. There were.
Mr.H. It was strange that you called no one to assist you.
Wit. I did not say anything, Sir.
Mr.H. Did you not beckon to the prisoner there now.?
Wit. No, Sir.
Mr.H. Did you not shake hands with him when you and the party came up to
him.?
Wit. I did not, Sir.
Mr. H. Did you not get on the horse willingly?.
Wit. I did not.
Mr. H. How far did you go on the horse/. Not far, Sir.
Mr. H. Did the horse walk, run or gallop.?
Wit. It walked a little, Sir.
Mr. H. You were behind the prisoner?
Wit. I suppose, Sir.
Mr. H.-And you had no pillion?.
Wit. No. Sir.
Mr. H. -How can you tell the jury with any degree of seriousness, or truth,
that you can ride without a pillion, and not fall off the horse?
Wit. I didn't go far enough to fall off.
Mr. H. Now, Mary, my dear,  did you say anything to Feely when you and he
were together on the horse.
Wit. No, I did not, Sir.
Mr. H. Did you pass any houses on your romantic journey that evening.
Wit.-We passed one house, Sir.
Mr. H. -Did you call out as you passed?
Wit. Nor, Sir, I was afraid to speak, nor did I call out.
Mr. H. So, Mary, you said nothing to Mr. Feely.?
Wit. Nothing.
Mr. H.-And was there anything said to you, my dear.
Wit. Feely said he'd take me away and marry me.
Mr. H. I am very glad, Rody Feely, says you.!
Wit. Oh no Sir, I did not say that.
Mr. H. Well then what did you say? Come now, speak out, my child, tell the
gentlemen of the jury, what did you say.
Wit. I said nothing, Sir.
Mr.H.-Well then, I am very sorry, Mr. Feely, did you say that.
Wit. No. Sir, I did not.
Mr. H. Oh Ho. then you know, Mary, that silence gives consent.
Wit. Why then, if it does, I didn't give consent for the matter of it..
Mr. H. -Will you favour us, by informing us how you held yourself on the
back of the horse, Mary?.
Wit. The horse didn't go more than 50 yards while I was on the back of it.
Mr.H.-Did he move slowly?
Wit. Not very, Sir.
Mr. H.-Did he not?.
Wit. No Sir.
Mr. H. -Walk?
Wit-A little Sir.
Mr.H.-Now Mary, had you not a hold of Mr. Feely when you were with him on
the horse. Come now and speak up and let us all hear you.
Wit. I had a hold of him with my left hand, Sir.
Nr.H.-Where was your right hand all the time, Mary.?
Wit-I had my right hand engaged with holding up my cloak, Sir.
Mr. H. Was there another horse with you at this time.?
Wit. There was Sir.
Mr. H.-And a man on it?. Yes, Sir, two men on it.
Mr.H,-Now, Mary, do not you really suppose that is was to take special and
particular care of you that Mr. Feely had you with him on the horse.
Wit- don't know, Sir.
Mr. H.-Now Mary, good girl, don't you believe that that was his intention.
Wit-I don't know, Sir.
Mr. Vass, a juror-You mentioned about your cloak a while since-do you think
persons are in the habit of wearing their cloaks at the fire at night.?
Wit.-Oh Sir, they had a cloak which they put on me when we went outside that
night.
Mr.H.-You never squeezed his hand!. No Sir, I did not.
Court-How old are you, good girl?
Wit. I am about 18, Sir.
Mr. H. Was it willingly you came forward here to prosecute this youn man?
Wit. -I would not prosecute anyone who would leave me alone.
Mr.H.-Your brothers were angry, I suppose, at the conduct of Feely.?
Wit. Oh that was no wonder, Sir.
Mr. H.-Have you ever been at Feely's house?. No, Sir, I have not.
Mr. H.-Nor you never said you would marry him?
Wit. No, Sir, I wouldn't marry him.
Thomas Lanigan sworn-Is brother to the last witness, remembers the 8th Feb.
persons rapped at the door, were admitted by the servant boy, whose name
they had called, one of the persons was disguised, and had a gun; that
person said that if he stirred he would drive the contents of the gun
through him, saw some of them take hold of his sister, when he saw that got
up at once and ran to the fellow who held the gun, and when he had done so,
others ran on him and lashed him, during this time his sister had been
carried off and the door closed; when he got up , he went out and ran in the
direction of Templetoohy, where the Police Barracks is, he then sought the
Police, and they all went in pursuit of the persons who had taken his
sister. The Barrack is half a mile from where he lives , saw his sister that
night; the police took Robert Feely and his sister, the others fled.
Mr. Hatchell cross-examined.- Feely is a neighbours child, I suppose.?
Witness-He is, Sir.
Mr. H. £-And he has ground, I believe.
Wit. he has Sir, about 15 acres.
Mr. H. And how many acres had your father.
Wit.-He had about 35 acres, Sir.
Mr.H. How many of you are there at home.?
Wit. There are 7 of us, Sir.
Mr.H. -That is the average quantity in this Country-My Lord, a man, wife,
and 7 children-(A Laugh).
Mr.H.-Were you ever in company with prisoner?
Wit. I was, Sir.
Mr.H.-were you and your sister ever together in his company?
Wit. We were, but not often.
Mr.H.-Were you and your sister ever in a Public House with the prisoner.?
Wit-We were, Sir.
Mr. H. Didn't Feely and your sister sit at the same table with each other,
and moreover near each other.?
Wit. They did, Sir.
Mr.H. Did you ever sit in the company of a female yourself?
Wit. I did Sir.
Mr.H.- and I believe you saw no harm in it?
witness-None in the world, Sir.
Arthur Ardagh (Policeman) was called on , and proved the capture of the
unhappy pair.
The Judge then summoned up the evidence, and the jury without quitting their
box, returned a verdict of guilty.
Sentence not yet passed.

[On the following weeks Free Press under the heading Rule of Court, the
sentences are all listed.
Roger Feely is down under the list for sentenced to death.]

Next Case.
Milo Burke and Thomas Hayes were placed at the bar, charged with having
stolen arms from the house of Nicholas Madden, at Traverstown, in December
1831.
Nicholas Madden identified the prisoners and his wife corroborated the
statment of the fire arms being stolen, but could not say by whom. Several
persons were called to provide an alibi. the most curious feature in this
trial , and one also which the learned Judge, said was the most
unprecedented he had witnessed, was the voluntary submission of a person
named Joseph Cuff (who had been in jail for some trivial offence), who came
forward and said it was he and others who robbed the place, and that the
other prisoners had nothing to do with it. He was Cross-examined by Mr.
Scott, but his evidence was in some degree, slightly shaken. The Judge
charged the jury at some length, who returned a verdict of guilty against
both prisoners. Sentence of death recorded.

William Murphy, an illiterate and aged country man was placed at the bar
charged with being the medium thro which a threatening letter was delivered
to William Flinn. Murphy, it appears, had been threatened with the ire of
the writers if he had not delivered it, and tho it was against his will he
did so. Verdict-Guilty. To be confined for one month.
Cornelius Doherty was placed at the bar for firing shots at the house of
Daniel Deegan, as also for wounding said Dergan-Not Guilty. (Names spelled
exactly as is in paper.)

James and Michael Murphy were placed at the bar for delivering a threatening
notice to Jn. Byrne. Verdict-Guilty. To be transported for 7 years.

Contd of Spring Asizes.
Crown Court;Tuesday.
The Hon. Justic Torrens took his seat on the bench this morning shortly
after 9 O'Clock; when the Petit Jury was sworn.
Thomas Burke was placed at the bar charged with having stolen money and
assaulting Catherine Davoren in Templemore.
Catherine Davoren, a tall severe looking woman, sworn. examined by Mr.
Scott. K.C. Knows Thomas Burke, saw him in Templemore, he took from her
after having thrown her into the channel, a purse which she had around her
neck containing bank notes to the amount of  £4.10.0. and some silver, it was
on a market day, the prisoner was about throwing a stone when she first saw
him and she told him not to do so.
Cross examined by Mr. Hatchell-The prisoner you say threw you down, Mrs
Davoren?
Wit. Why thin faith he did so, Sir.
Mr.H.-And ill-treated you also?
Wit.-Yes to be sure, Sir.
Mr. H.-How many people were there by when this was done to you.
Wit.-A good many, Sir.
Mr. H,-Would you tell us Mr.?Davoren, where you live in Templemore.
Wit.-For the matter of that, I live in Pig-Foot lane, your honour. (Loud
Laughter).
Mr.H.-How many Darrigs do they live in Pig-Foot lane, Kitty Davoren?
Wit. -I doesn't know, sure.
Mr.H. -You don't know, you say, is there three or four or one?
Wit. -Oh, as for that matter, there may be 15, your Worship.
Mr.H.-Your husband, I have a belief, belongs to one of the factions, Which
is it to the Cummins or Darrigs, he belongs.
Wit. -He doesn't belong to either of them, your honour.
Mr.H. -He does not belong to either of them, how do you know that-now I
think he does.
Wit. Oh!, he does not, if he did' I'd know myself better than you, Sir.
(Loud Laughter).
Mr.H.-Is your husband deaf, Katty?
Wit.-Wisha faith he is not deaf, your honour.
Mr.H.-And you sell pigs feet in Templemore, Mrs Davorn.?
Wit. I sell good pork and bacon.
Mr.H. -Well, were you not able to save your bacon on the day you say Burke
robbed you, he treated you so very hardly that we must suppose you were not
well off after him.
Wit.-Oh, as to that, my bacon was well saved before my Lord. (Loud
Laughter).
Mr.H.-And you swear that you are not of the party of Cummins or Darrigs.
Wit.-I am of no party.
Mr.H.-Nor your husband.
Wit.-No, indeed.
Mr.H. - Were you ever in a fight in Templemore, Katty.
Wit.-No.
Mr.H.-Did you ever see a fight in Templemore?.
Wit. -Aye, did I ever see a fight in Templemore, aye, saw 500 fights in
Templemore. (Laughter).
Mr.H.-And you never joined in any of them?
Wit. No.In troth.
Mr.H.-You have a nephew, I believe, named Fogarty.
Wit.-I have indeed, and a fine ruffian he is. (Laughter).
Mr.H.-Was he ever in a battle? Eh.
Mr.H.-Was Fogarty ever in a battle, I say?
Wit.-Whats it to me if he ever was.(Laughter).
Here the learned counsel went into an able cross-examination of the witness
which produced (from time to time, roars of laughter).
Several witnesses came forward who proved that Mrs. Davoren scolded the
prisoner and gave provocation, and he was accordingly acquitted.

Tuesday contd.
Richard Burke was then placed at the bar charged with the murder of Wm. Ryan
at Tipperary.
Several witnesses proved to the fact of deceased having been struck by the
prisoner and others, without having given provacation but merely saying
"here's Ryan". Deceased was "hearty" when he said so.
Other witnesses were then brought forward for the defence who proved an 
alibi at the instant of the committal of the murder, but the evidence was 
rather contradictory in detail.
The learned Judge summed up the evidence at great length and minutely 
charged the jury, who retired for about an hour and half and brought in a 
verdict of guilty.
The prisoner who was standing in the dockwas then brought forward to the 
front of the bar and the learned Judge thus addressed him: Richard Burke, 
you have been found guilty of one of the most serious offences known to our 
laws, the crime of murder, under circumstances too which preclude from me 
the possibility of holding out the slightest hopes of mercy to you. In your 
defence every fair consideration was held out to the jury and in doing so, I 
feel I have nothing to regret. But the jury perceiving such contradictory 
statements in the testimony of the witnesses who came forward in your 
favour, rightly discarded all the evidence which might have been adduced to 
justify what you have done. �There was no provocation given to you in the 
least to warrent so cruel an act, you sprang on your victim, who was 
unarmed, and in doing so, exclaimed in terms that must made everyone shudder 
who hears it, that "Yours was the arm that when passions were roused, always 
brought blood and brains with its blow". As this is the first example made 
for a case of murder consequent on faction or party business, (it having 
appeared that you were of a party as well as the deceased) I trust that your 
punishment will be a warning to all those who may presume for pardon on such 
grounds hereafter. Young man!, you have but a short time to live-the laws 
both human and divine require an "Example" for such horrible atrocities. I 
wish to make one observation to your evidence. It was so very conflicting, 
that the jury most wisely discarded it in every particular-in this they 
acted wisely. I have now no power to arrest your sentence, nor would I 
permit feelings of compassion to sway me in your favour. Make use therefore, 
young man, of the short time you have to live;-seek by repentance in this 
world to be called to the Thrown of grace and mercy in the next. The 
sentence of the law is-that you, Richard Burke be removed from whence you 
now are, to whence you came, and from thence to the common place of 
execution on Thursday next, and may the Lord have mercy on your soul.
The prisoner was then removed from the Bar.

From Tipp Free Press for the 27th March 1833
Execution.
On Thursday, Richard Burke who was found guilty on tuesday of having 
murdered Patrick Brien (Wm. Ryan in Court Case), about 15 months ago, and 
whose trial was reported in our last edition, underwent the awful sentence 
of the law in front of the County Goal. This unfortunate young man had 
scarcely attained the age of manhood, he seemed fully conscious of his awful 
situation, yet collected and firm-he acknowledged his guilt, and placed his 
acquaintance with crime to the account of bad company, inebriety, and late 
hours, against which he earnestly cautioned the assembled multitude. The 
murder was occassioned by one of those party feuds which are the bane and 
disgrace of our unhappy Country, and the premature fate of this unfortunate 
young man should serve to deter our peasantry from indulging in foolish, 
mischievous and too often fatal quarrels.
Mary.
I am presuming that this is the Richard Burke in the case of William Ryan. 
I couldn't find any other Richard Burke charged with murder, nor could I 
find a murder for Patrick Brien. So one or the other is incorrect.

Mary