County Tipperary Ireland Assizes from the Tipperary Free Press - 1833
Ireland Genealogy Projects Archives
Tipperary Index
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Contributed by Mary 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 you 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 dock was 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.


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