Newspaper: Special Session, the Insurrection Act, 1822

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File contributed by: Frank Murray [murrayfc@homemail.com.au]

SPECIAL SESSION UNDER THE INSURRECTION ACT, THURSDAY, 
FEBRUARY 28, 1822

County court ? 
 
EDWARD MARKHAM - charged with having in his possession at 
Mt. Brown on 28th ult one case of pistols which he denied 
possession of and for being an idle and disorderly person. 
 
When the Clerk of the Peace read the indictment, the 
prisoner desired he should read it again, which was done. He 
again desired a repetition in a more audible voice, seemed 
to smile and appeared to have no concern as to his 
condition. The Court interposed and remonstrated with the 
prisoner as to his assumed levity. Sergeant Torrens then 
repeated the words of the indictment to the prisoner to 
which he replied that he was not idle or disorderly, that 
the arms were certainly found in his house but that no 
charge was ever before preferred against him. Thomas 
McEnnis, private of the Third Dragoons,stated in evidence 
that he repaired with others on the night of the 28th of 
February in search of arms in the neighbourhood of Mount 
Brown accompanied by Mr. Brown a Magistrate, and demanded 
arms at the house of the prisoner who said that he had no 
arms in his possession. Mr. Brown made a diligent search 
after the soldiers and found in the bottom of the cupboard a 
brace of pistols one of which was silver tipped the other 
was of a large size and seemingly a military one. 
 
Witnesses said to prisoner that he was a fool to bring such 
desolution and trouble upon himself to which he replied that 
"It can't be helped now!" 
 
John S. Brown Jr. Esquire, a magistrate, said that on the 
night of the 28th he proceeded to the party of the 42nd and 
some of the police which amounted to about 19 men. They 
searched some of the houses in the neighbourhood of Mount 
Brown which is distant from Rathkeale about 3 miles. At 
about 3 o'clock in the morning he proceeded to the 
prisoner's house. One of the soldiers searched the house 
after demanding arms but could find none. Witness examined 
after the soldiers and found concealed in the lower part of 
the cupboard a large pistol mounted with brass and one of a 
smaller size tipped with silver both in good preservation. 
The prosecution closed and the prisoner had no defence. He 
was found Guilty. 
 
Pat Barrett, Andrew Kennedy, John Enright, Michael Danneher, 
James Shire, Pat Corbett, Michael Naughton, Michael Mailey, 
Daniel Neill, Michael Neill, Thomas Welsh, John Murphy, 
Patrick Welsh, Pat Fitzgerald charged with idle and 
disorderly persons did tumultously and unlawfully assemble 
on 28th February ult at Old Abbey in the daytime against the 
peace and the statute. 
 
Major Wilcox stated that about the same place where the 
above prisoners were taken, large parties assembled in open 
day armed and legislating. 300 appeared in Copley Demesne 
that he had delayed taking any steps against the insurgents 
knowing that in a few days the Insurrection Act would be in 
force and that his powers would be enlarged, that the 
parties went out by his directions and took the prisoners at 
the Bar. 
 
William Smith, Chief Constable, stated that on the 28th he 
received orders to scour the neighbourhood of Shanagolden 
near Old Abbey and having come on a hilll he saw a multitude 
of persons to the number of 100 who had dispersed in all 
directions when they perceived his party. He however 
succeeded in taking 14 prisoners which are now at the Bar. 
They were near the houses of Mr. Morgan and Mrs. Farrell. 
Mr. Morgan and family were all armed ready for defence. 
Witness recognised most of the prisoners. They underwent a 
cross-examination by Mr. Fitzgerald but nothing was 
elicited. 
 
John Markham, 'fhomas Dallas, Frederick Jackson, Thomas 
Halloran, 3rd light dragoons, and Thomas Preston of the 
Police severally gave their evidence as to the number 
assembled and they severally identified the prisoners 
arrested. 
 
For the defence, the widow Farrell said that a number of 
persons came towards her house looking for firing and the 
country was distressed for fuel, that she sent her 
son-in-law for one of the prisoners, Naughton, to 
remonstrate with the party having no brushwood after which 
they went off peacably and showed no violence. She 
frequently before this gave them firing. Connors her 
son-in-law gave evidence similarly. 
 
The Court retired and after some deliberation they brought 
in a verdict of Guilty against Patrick Barrett, John 
Enright, Michael Dannaher, James Shire, Patrick Corbett, 
Patrick Welsh and Patrick Fiutzgerald. Naughton, Daniel and 
Michael Niell, Mealey, Murphy and Welsh were liberated, it 
having appeared from the evidence that there were some 
doubts of their guilt. They received the benefit thereof. 
 
EDWARD MARKHAM, first prisoner convicted, was then put to 
the Bar. 
 
Sergeant Torrens then addressed MARKHAM in a most impressive 
manner upon the nature of his offence and told him that this 
very moment, even while the sentence of the Court was 
pronouncing upon him, preparations were making for taking 
him out of the country. He was sentenced to transportation. 
The seven persons whose names are already enumerated were 
then addressed by Sgt Torrens in a very energetic manner, 
touching upon the disordered, frightful and alarming state 
of the County, and the awful consequences which must succeed 
to the commission of those crimes. He felt it his duty to 
eulogise the firm, zealous and excellent conduct of Mr. 
Brown of Mount Brown, the Magistrate, whose exertions must 
be a subject of admiration and which, if imitated, the most 
beneficial results to the peace, order and tranquility to 
the County will follow. 
 
In this panegyric the entire Bench fully acquiesced. He 
then told the prisoners that they were now about the quit 
their country. This very instant, preparations were making 
for their bidding adieu to their families, friends and all 
that they held dear, and he sincerely hoped their punishment 
would prove a salutory lesson to the misguided. 
 
He then sentenced each of the prisoners to Transportation 
for 7 years to any of His Majesty's colonies which should be 
selected for them. Sgt. Torrens then said, "Mr. Sheriff, see 
that these men be removed forthwith for transportation. The 
promptness of the trial, sentence and the execution of it 
had a most impressive effect on the Court as well as the 
populace. 
 
At half past 5 o'clock Captain Thompson, Governer of the 
County Gaol, placed the above 8 men on two carts at the 
courthouse door and a detachment of the 43rd Light 
Infantry,being in readiness, they were instantly forwarded 
to Charleville on their way to Cork to be put on board the 
hulks for transportation agreeable to sentence. 


Source:
THE LIMERICK CHRONICLE  
Saturday March 2