1835 Carlow Quarter Sessions.
Extraordinary Language of a Priest from the Altar -
Riot at Borris Chapel.
Thos. Kehoe, James Kehoe, and Pat. Cody,
were indicted for having been concerned in a riot in the chapel-yard
of Borris on the 1st of February, and with having committed an assault
on Edward Mulligan.
Richard Kelly, sub-constable, sworn- I
was at Borris chapel on the 1st of February; I saw a free holder named
Edward Mulligan there also; he had voted for Mr. Kavanagh.
Court-How do you know that?
Witness-By what the priest said from the
altar. Witness continues- I saw, from the gallery I was on, a rush
made at Mulligan into the opposite one; in order to protect him I went
around, and saw about fifty persons dragging him off the gallery,
after which they commenced pelting him with mud, stone, and gravel;
saw one of the leaders was Patrick Cody, the prisoner at the bar; with
the assistance of a few of Mr. Kavanagh’s men I succeeded in rescuing
him from the mob. I was also kicked and bruised in protect him. Saw
the two Kehoe’s also aiding and assisting. Heard the priest say, that
"There were many persons in the chapel who voted for Mr. Kavanagh and
Colonel Bruen, and he thought if the people threw mud at them, pushed,
hooted, or threw gravel at them, no law could be taken of them."
(Great sensation) I heard the priest also say at the commencement of
mass that the people should be quiet until mass was over.
Court-Which of the priests made use of
the above language?
Witness - The Rev. John Walsh, sen., the
parish priest.
Cross-examined by Mr. Tierney -Mr.
Kavanagh's men were not rioters, they were only protecting Mulligan;
nor were they endeavoring to provoke the mob to fight. Mulligan could
have no [?] in his hands, being knocked down and then kicked about by
the mob.
James Roche examined-was at Borris chapel
on the 1st of February, and saw Mulligan dragged out of the gallery by
a limb, and knocked down and pelted with gravel and mud; went to
protect him with a few others, but were surrounded by a great crowd,
who dragged them about; he received a blow of a stone in bringing
Mulligan through the chapel gate; Thomas Kehoe was there, and collared
witness.
Cross-examined by Mr Barrett-Is a Roman
Catholic; calls any number of people a mob who assemble shouting and
beating an innocent man; does not think that any man of Christian
feeling could stand by and see Mulligan get such treatment.
John Neill sworn and examined by Mr.
Butler - Was at chapel on that day, and saw a crowd rush out of the
chapel and go up on the gallery and drag Mulligan off and beat and
kick him; Mulligan's face was covered with mud; saw James Keho there
shouting and acting as leader,
Pat Holden, sub-constable, sworn-Was at
chapel on that day. Saw Mulligan in the gallery at the last gospel.
Heard a great noise in the chapel, and saw Mulligan pointed at, and
people say he ought to be dragged out of the chapel as a Brunswick
Catholic, who voted for Mr. Kavanagh heard the priest say that no
noise should be made until mass was over; saw Mulligan then dragged
out, beaten and knocked down on his hands and knees; he was then
pelted with stones, mud, and gravel; witness and his friends went to
Mulligan's protection, and succeeded in saving him from the fory of
the mob; saw the prisoner James Kehoe very active as one of the
rioters.
John Gillon gave similar testimony.
For the defence, David Byrne was examined
by Mr. Tierney-Was at the chapel; Mulligan was not in until the end of
the mass ; he saw no person doing anything unless Mulligan's friends
who wanted to fight; he only saw two women pull Mulligan out of the
chapel.
Other witnesses were called up, and
attempted in the most barefaced manner to patch up a case by "false
testimony," to show that Mulligan's friends were the rioters- Their
gross prevarication was evident to the court, and they were not
examined.
The Court charged the jury, and
recapitulated the evidence, after which the Jury retired, and returned
a verdict of guilty against Cody; but they could not agree in their
verdict respecting the other prisoners, the jury was discharged, and
the parties were bound over to stand their trials at the next
sessions.--Dublin Evening Mail.
From The Sydney Herald, Thursday 15
October 1835, p. 2 – article
http://trove.nla.gov.au/ndp/del/article/12853257?searchTerm=Finn%20+%20Borris&searchLimits=sortby=dateAsc#pstart1529083
Source: Turtle Bunbury Dec 2012