News: The Clonmel Assizes in March 1829

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Ireland Genealogy Projects Archives
Tipperary Index
Copyright

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File contributed by: Richard Callanan, 2008

THE CLONMEL ASSIZES IN MARCH 1829

This may not help in searching your family tree - it may 
even lead to despair at the frequent recurrence of names, 
etc., [No comfort here for anyone researching Ryans!]

Many of the prisoners were sentenced to be transported to 
Australia and many others had death sentences later commuted 
to transportation.

These  Assizes were held from Monday 23rd to Tuesday 31st of 
March 1829. The reports are from several issues of the 
Clonmel Herald dating from March 25th  to April 1st.

Monday  First Day.

"The Hon Judge Jebb attended by the sheriff, his Javelin-men 
and a party of the Police arrived in the town a little 
before three o'clock last Monday evening"

Monday was spent arraigning prisoners.

Tuesday - Second Day

Julia Carthy, stealing several articles of wearing apparel - 
imprisoned for 12 months with hard labour.

Those recently accused of riotous assemblage at Clogheen 
were discharged without trial.

Stephen Williams indicted for shooting at Edward Mulvael and 
Honora Kennedy at Cloghjordan on September 7th. (Long 
account of the evidence) Found guilty on both counts but 
recommended mercy. (Part of the evidence was that Williams 
was "light-headed")

Mary Power, stealing a banknote the property of Mary Brennan 
of Carrick-on-Suir. Found guilty - six months imprisonment 
and hard labour.

John Mansfield pleaded guilty to stealing banknotes and 
several pieces of gold and silver coins from John Duggan of 
Clonmel.

Margaret Flaherty - stealing three cows the property of 
Connor Maher at Dromard. Cows had been found in the 
possession of Thomas Dolan, a publican in Banaher. Sentenced 
to death.

John Casey - stealing a mare the property of Patrick Condon 
on the 9th of February at Caher. Mare had been left in the 
care of Redmond Burke, a publican. Guilty - sentence of 
death recorded.

Catherine Foley, pleaded guilty to stealing a blanket. Three 
months imprisonment with hard labour.

Mary Hennessy pleaded guilty to stealing several articles of 
wearing apparel. She had been twice before in Gaol for house 
robbery. Sentenced to 7 years transportation. "On being 
sentenced she exclaimed, "Long Life to you my Lord, that's 
all I want."

John Meney for stealing two sheep, property of William [not 
legible- ? Gill]. Evidence from the Earl of Kingston as to 
the prisoner's bad character. - guilty - Seven years 
transportation.

Judith Daly for stealing three swine, the property of Edward 
Byrne. - guilty to be transported for 7 years.

Margaret Kenny indicted for stealing a cloak, property of 
Catherine Kiely - guilty. Margaret Noonan stealing a loaf of 
sugar, property of Arthur Hennessy - Guilty, 12 months 
imprisonment and hard labour.

Bridget Davern, stealing a blanket - the property of Thomas 
Murray. Sentenced to 12 months imprisonment with hard 
labour.

James Butler for stealing a cow, property of David Rockett - 
acquitted.

Thomas Neal and Stephen Morrissey for stealing wool, 
property of Michael Connell. "This persecutor had eighteen 
sheep stripped of their wool on the night of the 10th 
instant." - guilty - transportation for 7 years.

"Anne Usher was presented as a vagrant - it was proved she 
had no settled place of abode and refused to work when it 
was offered to her. Presentment found - Sentenced to find 
bail in 5 within six months - and if such security should 
not be found to be transported".

Wednesday - Third Day

Patrick Gleeson was indicted for the murder of Pierce Grace 
on the 5th of April 1829 at Lissenhall. Elizabeth Grace, the 
victim's sister, gives evidence that the accused and William 
Kennedy knocked her brother down. "Witness went to the 
assistance of her brother and caught hold of Gleeson; 
Kennedy desired him kick the b___h, upon which Gleeson gave 
her a kick and knocked her down; Kennedy then knocked the 
deceased down with a blow of a stone and while down Gleeson 
struck him with a two handed wattle; witness had no 
acquaintance with Gleeson; after being struck witness's 
brother had a large cut on his temple; he was in good health 
previously". Deceased's brothers John and Thomas Grace also 
gave evidence. John Quigley, Henry Gleeson and Andrew Ryan 
gave evidence for the defence. The deceased had gone to John 
Quigley's house after being attacked. Andrew Ryan and 
Michael Ryan had been in a public house in Silver Street, 
Nenagh "where they drank some spirits". Betty Hogan and 
Honora Murphy also give evidence. Jury deliberated for a few 
minutes and returned with a verdict of guilty of murder. 
[Sentence not recorded in the newspaper].

"Michael Harohill was indicted for assaulting Michael 
Flanagan and robbing him of some banknotes and several 
pieces of money" at Graigue on 13th December, amounting to 
£8. 10s in notes, £9 in half notes and half a crown. The 
prisoner had left some of the half notes with Thomas Maher 
of Thurles. Constable Prior gave evidence of finding notes 
on prisoner's sister Bridget Harohill. Doctor Fitzgerald 
gave evidence that the prisoner had confessed he had 
committed the crime "with persons of the name of Murphy" and 
also robbed the house of Long in the neighbourhood of 
Thurles. Guilty. In consequence of his confession Judge said 
his sentence would be commuted to transportation for life.

Matthew Harohill [see previous case] charged with robbing 
Edmund Long of Graigue of a ten pound bank note on December 
15th. Michael Long son of Edward [sic] Long [note 
interchangeable Edward and Edmund - I bet he was known 
simply as Ned] gave evidence: "persons came to his father's 
house the night laid in the indictment; witness was struck 
with a stone and tumbled into the ashes-corner; the persons 
lifted the latch and came in; saw his father receive a blow 
of a stone; witness was beaten by three of the party from 
his head to his feet; they applied to his mother for money, 
but she denied there was any. One of the party had a 
bayonet; knew the prisoner for some time; the prisoner was 
one of the party and knew him well; prisoner asked his 
sister about the money which she said was sent to Mr. Maher 
of Thurles; then they took up some of the fire and putting 
it to his sister's face burned her; after this they were 
going to burn his mother's face but was prevented by one of 
the party; they again turned on witness and beat him - on 
seeing him in danger his mother cried out to spare her son 
and she would give up what she had; one of the party then 
lighted a candle and brought his mother towards the dresser 
where witness was kept by the prisoner; that prisoner said 
to witness "Jemmy, stoop your head and don't be looking 
about or you will suffer"; witness's mother then went into 
the room to get the money, but delaying to do so, one of 
them put a bayonet to her throat, when she cried out to his 
sister to give the money and not let them be murdered; that 
his sister went up the ladder to the loft and while in the 
act op opening her box one of them knocked her down, and 
took out the  £10 note and the silver". Thomas Long a little 
boy about six or seven was not sworn "as he did not know the 
nature of an oath" Catherine Long could not "positively 
swear to the identity of the prisoner though one of the 
persons was very like him".   " Stephen Walshe, Michael and 
Catherine Griffen were produced to establish and alibi but 
failed." Guilty - transportation for life.

The trial of John Maher for stealing fire-arms was postponed 
to next assizes.

Thomas Toohy charged with assaulting and robbing Constable 
James Dowd of his pistol, sword, pouch-box and ammunition. 
Dowd gave evidence that he was returning from Nenagh and was 
assailed by four men including the prisoner. Three of them 
were armed and the prisoner had a blunderbuss. "The arms of 
which he [Dowd] was robbed belonged to the King". Denis 
Shea, James Butler, a country teacher, and Philip Ryan, 
failed to establish an alibi. The schoolmaster said he was 
with him in his (witness's) house to get a love song written 
out - the song began with "The phoenix of the green little 
isle". The Jury after a short consultation found him 
guilty." Sentence to be given at the end of the assizes "in 
order to make enquiries if he were an object of mercy or to 
be left for execution."

Michael Madden and Charles Flanagan were indicted for 
assaulting John Kane of Peterfield. John Kane gave evidence 
that 18 - 20 persons came to his house and robbed him of his 
pistols and bayonet and wattle. They were not in disguise. 
He called on his wife and brother-in-law Patrick Kennah. 
Kennah recognized a man named Ryan among the party. 
Constable Sweeney had asked Flanagan for what he had been 
taken. Flanagan supposed it was for Kane's or Kennagh's 
business. An attempt to establish an alibi by James Cash, 
John Guinan and Pat. Flanagan. Mr. O'Brien Dillon did not 
know Flanagan but knew his family who were very honest 
people. Mr. George Lee gave Flanagan an excellent character. 
Verdict - guilty but recommended mercy on the grounds that 
no violence was used. His Lordship hoped their lives would 
be spared and they would be transported for life.

Christopher Barrett was acquitted of taking forcible 
possession.

"Catherine Devereux was found guilty of stealing some blue 
cloth in Tipperary the property of Mr. Cotter, shopkeeper." 
Witnesses Toby Butler, a brogue-maker [shoe maker], John 
Andrews, shop attendant at Mr Cotter's.

Roger Mara indicted for robbing James Curly of banknotes, a 
Sovereign and some silver. James Curly from Galway on his 
way to Nenagh gave evidence that he promised a pint of 
spirits to sit on one of the cars occupied by the prisoner 
and others. "He gave them three naggins; while on the car of 
the prisoners he (the prisoner) put his hand in his 
(prosecutor's) pocket and robbed him of the money laid in 
the indictment,  £5. 10s." Curly made the excuse that he was 
cold, got off the cart and waited for it to return. "When 
the people in that part of town found out his business they 
gathered about and would have murdered him if they could 
loosen the stones from the frost". Evidence by Pat Hanley 
(re. Andrew Toohy), Richard Kelly, John Mara (brother of the 
prisoner). - Guilty - "To be imprisoned six months and kept 
to hard labour."

Thomas Barry was indicted for stealing two pigs the property 
of Edmund Quirk. Edmund Quirk a young boy whose father had 
died lately. Pigs found in Cashel in the possession of Joe 
Flavan - a shoemaker. Barry found guilty - to be transported 
for seven years.

Court adjourned.

Thursday - Fourth Day.

"Counsellor Scott, K.C. applied to his lordship to have the 
case of Michael Tobin and John Carrol who were in gaol for 
the murder of Darby Tracey postponed to next assizes."   
"certain witnesses were not forthcoming, being put out of 
the way as he believed by the prisoners or their friends."

"John Spillane, Patrick Ryan, Darby Ryan and Thomas Ryan 
were indicted for the murder of William Ryan, by giving him 
a blow of a stone on the 7th of April last of which he died 
in about five months after. The blow which the deceased 
received was in a scuffle that took place in Thurles." 
Evidence by Surgeons Kingsly and Bradshaw. Acquitted.

Daniel Corrick charged with " assaulting, and setting fire 
to the habitation of Thomas McNamara, on the night of the 
28th November last at Cappagh" Evidence of Thomas McNamara: 
a party of seven or eight came to his house at midnight. " 
he was taken out of the house by three of the party; the 
moon was very bright and the night calm; the prisoner was 
one of the party and had a blunderbuss two of the them 
together struck him ; the blood flowed down his face, called 
out "Dan Corrick, why do you do this?!; turned his face to 
the door and saw one man coming out of the house with a coal 
of fire and apply it to the thatch, which was shortly after 
in a blaze"  For some time the witness "had paid rent for 
the place he lives in to prisoner's father; but since the 
land came into possession of J. H. M. Dawson, Esq. Witness 
paid rent to Mr. Dawson." Evidence from McNamara's wife, 
Catherine, and son Michael. "Michael McNamara - son of the 
preceding witness - a small boy of about fourteen years of 
age - on being interrogated by his Lordship as to his 
knowledge of an oath said he knew no more about it than a 
cabbage leaf." Evidence also from Edward Long, Thomas Walshe 
(of Clougheleigh, near Golden), Ellen Slattery, Edmund White 
and James Conway, Gentleman. After twenty minutes retirement 
the jury found Guilty on both counts.

"When this case terminated, his Lordship observed, that in 
every case, however clear the evidence, it is astonishing 
how people will be found to have no regard to their souls; 
and will tell lies, and nothing else but lies - a practice 
peculiar to this county, it would appear."

Thomas Kennedy and Pat Mara were acquitted of the the murder 
of John Carty on the 18th of December last in Nenagh. Thomas 
Carthy brother of the deceased gave evidence.

John Banks, a private of the Waggon Train indicted for 
stealing a  £10 promissory note from Cornet Brandling. 
Evidence from Charles Cody, publican, to whom the note was 
passed. Evidence from Sergeant-Major Ramsline that "he found 
six thirty-shilling notes in a hole in the wall behind the 
manger allotted to the prisoner's horse. - Guilty - but 
recommended to mercy - sentenced to seven years 
transportation."

Daniel Maher acquitted of stealing six cows from Cornelius 
Shanaghan. " -the prisoner laying claim to the lands of 
Currahnen on which a seizure of the cows was made."

Court adjourned

Friday - Fifth Day.

"Mich. Fogarty, James Ryan, Margaret Bannon, Mich. Bannon, 
John Stokes, Mary Brien, Michael Purcell, Catherine Stokes, 
and Eliza Dowling, were indicted for a riot, appearing in 
arms by day, and taking unlawful possession of a house which 
they unroofed at Seskin." The House had been occupied by 
Elizabeth and Timothy Stapleton and their children John and 
James who all gave evidence. Elizabeth Stapleton is mother 
of Nancy Bannon, widow of William Bannon who died 8th of 
Nov. last. Evidence too from C.C. McDonough, George Ryan, 
Esq. and Mr Thomas Molony. - Guilty of riot, acquitted of 
whiteboyism. "The women, in the consideration of their 
being, probably, influenced by their husbands, were 
sentenced to a week's confinement and the men to six months 
imprisonment."

"Murder of a Child

Alice Mulcahy was put to the bar charged with the murder of 
her male infant in September last at Newcastle, by 
strangling it with a hay rope." Constable Keating found the 
body by the side of the river. Evidence from Edmond Butler, 
Catherine Stapleton a midwife, sent by Dr Fitzgerald, who 
visited the prisoner in gaol - the conversation they had was 
in Irish. Mulcahy admitted she had had a male child. Mary 
Mulcahy, sister of the prisoner and "an Irish witness" 
[presumably gave her evidence in Irish] that her sister had 
a daughter born dead about six months ago which she had 
buried secretly. She herself [Mary] was not married but had 
a child. "The Jury retired for about an hour, and then 
returned into court with a verdict of Guilty - Recommended 
to mercy by the Jury, in consequence of her confession to 
the mid-wife. Sentenced to be hanged on Monday next (the 
30th instant) and her body to be given for dissection." [see 
notes on petition in court the following Monday, commutation 
on Tuesday and note at that point of her transportation and 
later permission to marry]

"Richard Ryan was acquitted of robbing James Kiely of £23 on 
the night of 7th of February last, at New Bridge - an alibi 
being proved."

John, Michael, Denis and (a second) John Tracy were 
acquitted of the murder of John Tracy at Graffon on the 25th 
September last.

"John Hacket, Philip Hacket, Pierce Whelan and Patrick 
Cantwell were indicted for unlawfully appearing in arms, for 
a riot, ploughing up the lands and assaulting James 
Stapleton on the 5th of February at Curraglass. James 
Stapleton being sworn - Deposed that a party of 200 persons, 
armed with guns, scythes &c., at the head of which was the 
prisoner Philip Hacket, came on his lands, ploughed it up, 
carried off some pits of potatoes; fired 14 shots; that two 
of the party Toohy and Hogan, fired at him when he stooped 
behind a ditch, that they came at eight o'clock in the 
morning and continued till evening and that he saw the two 
Hackets and Cantwell the prisoner being there." Evidence 
from John Stapleton, son of James, and Patrick Stapleton and 
Mary Ryan. James Crawford, servant to the Rev Mr Slattery, 
the priest, endeavoured to establish an alibi. - Guilty - 
sentenced to twelve months' imprisonment, and to be kept to 
hard labour"

"Edmund Farrel was indicted for a riot, an assault on the 
police of Tipperary, and assisting in the rescue of 
prisoners." Evidence from Constables Nagle, Callaghan and 
Fogarty. "Mary Green, a woman who keeps an improper house, 
and a person by the name of Charles Morrison endeavoured to 
prove an alibi but failed. - Guilty - Sentenced to twelve 
months imprisonment and to be kept to hard labour. . ." "At 
the termination of this case his Lordship expressed his 
surprise that the crime of perjury should be so common in 
the county of Tipperary; and that persons could be found so 
void of all moral feeling as to come forward, and, in the 
face of the country, could commit such barefaced perjury; he 
expressed a wish that professional Gentlemen would well 
examine evidence before it was given. The court then rose 
and was adjourned"

Saturday - Sixth Day

Mr Hatchell applied to the court on behalf of Mr Eccles 
Greene. The Crown-solicitor said that the crown had declined 
to prosecute - discharged.

"James Loughnan, James Franklin, John Grogan, Thomas Archer, 
Patrick Connor, and Jas. Mulcahy pleaded Guilty to an 
indictment for appearing in arms by night - a whiteboy 
misdemeanour  These prisoners are the men whom the police 
apprehended in a forge in Tipperary - and fired at the 
Police " [No reporting of a sentence]

James Power and Pat. Nugent were indicted for stealing two 
cows the property of Denis Grady of Kilbrack, in the county 
of Waterford. Cows were left with Pat. Keogh of Hoar Abbey, 
near Cashel. Constable Champion of Cashel, James Cleary and 
Catherine McDonnell gave evidence. - Guilty. To be 
transported for seven years.

"Edward Hennessy was found Guilty of stealing two sheep, the 
property of the Earl of Donoughmore; one of the sheep was 
discovered alive in an inner room belonging to Anne 
Hennessy, prisoner's aunt, who lives in this town [Clonmel], 
and a skin having Earl Donoughmore's brand was found with 
Denis Gorman, skinner, to whom the prisoner sold it." [No 
reporting of a sentence]

James Wall, Martin Quawney [sic], Mich. Carrol, and Denis 
Gleeson, charge with a riot at Templetouhy on the 16th 
November to rescue a prisoner, Feely, from a police 
barracks. Evidence given by Constables Egerton, Maguire, 
Ryan and Thomas Rourke. The prisoners "menaced the lives of 
the Police who every moment expected death from the 
assailants or the falling of the barracks." "Mr Jeremiah 
Lalor gave a good character to the prisoners." "Guilty - 
sentenced to 12 months imprisonment and to be kept in hard 
labour; Wall to 6 months."

"Timothy Lanigan was put to the bar charged with violating 
the person of Catherine Slattery, and Michael Hogan and 
Margaret Connel for aiding in said outrage. In this case the 
prisoners were Acquitted - there being no prosecution; - the 
prosecutrix and Lanigan were married in the gaol in the 
morning."

James Ryan - SPOT- [presumably his nickname] charged with 
setting fire to the house of his second cousin Andrew 
Kennedy near Glenculloe on 25th of last February. Evidence 
given by Constables Brien, Maurice Holloway and Holloran. 
Constable Brien "suspected the people of the house knew of 
the business." Evidence from Mr Rowan Cashell that he had 
given up the land at Glenculloe to Mr Power of Ballydine 
because of threats, "that three houses were burnt on them, 
and his (Mr. C's) man was shot through, and his arm broken; 
it was difficult to get a tenant for these lands." "Jerry 
Kennedy a farmer who rents 500 acres of land and a relation 
of the prisoner's gave him a good character - Guilty." 
Although a capital offence his lordship recommended 
transportation for life as no-ones life was threatened. He 
had no doubt that the intention was to prevent the letting 
of these lands and the "object of which is to deprive 
Landlords of all power over their property and to enable the 
tenants in possession to keep lands on their own terms; but 
said his Lordship this practice must be put down - the law 
must be put in force to effect this desirable purpose."

"At this period one of the Jury that tried the woman for the 
murder of her illegitimate child [Alice Mulcahy, tried the 
previous Friday?] presented a petition to his Lordship 
praying his Lordship to save her life; his Lordship with his 
wonted humanity promised to forward it."

Patrick Cahill, Patrick Walshe, John Skid acquitted of the 
murder of James Kennedy at Brittas on 16th September - "the 
evidence being only of a slightly circumstantial nature."

Michael and Thomas Ryan charged with shooting at John Grace 
- trial put off to next assizes.

Patrick Ryan acquitted of robbery at house of a Mr. Nowlan.

John Ryan - BUTT - [?nickname] indicted for receiving a gold 
watch stolen from Mr. Ryan of Rafana. Mary Hartnet, publican 
in Thurles, bought the watch from Ryan for £6 but was 
suspicious. She gave it to Mr Molowney of Thurles who 
returned it to Mr Ryan. "- Guilty - 12 months imprisonment 
and to be kept to hard labour." William Ryan and Darby Hayes 
implicated in the same crime were acquitted, there being no 
prosecution.

Michael Tobin and John Carrol, ordered to enter into 
securites to appear at next assizes.

Michael Dwyer to appear at next assizes in a case of 
manslaughter.

Michael Dwyer, Edmund Carrol, Edmund Ryan, Andrew Connors, 
Edward Butler, Mary Burke, and Michael Dwyer [sic] bound 
over to appear at next assizes for riot and assault.

The trial of Michael Brien, Michael Burke and Thomas Burke, 
for appearing in arms at night - held over to next assizes.

Court adjourned until Monday.

Monday - Seventh Day

Michael Carrol to stand trial at next assizes for murder of 
John Keefe.

Trial of John Murray for very aggravated assault postponed 
to next assizes.

John Daniel indicted for rape to remain in Gaol until next 
assizes.

Michael Brien acquitted for arson on the house of Joseph 
Larrett.

"Patrick Dwyer pleaded Guilty to an indictment of demanding 
fire-arms from and administering an unlawful oath to Mary 
Kelly, servant in the house of Patrick Phelan of Skeery - 
Sentenced to 7 years transportation."

Pat. Gleeson guilty of stealing two heifers, property of 
Thomas Morrissey and John Walpole.

Michael Marskil acquitted of stealing a pistol the property 
of the High Sheriff of this County.

Michael Goony found guilty of stealing some sixty gallons of 
whiskey from Thomas Croagh, Killenaule. Some he sold to 
Killenaule publicans named Quinlan, Kickham, Gleeson for 4s 
6d a gallon. Six months imprisonment and to be kept to hard 
labour.

Richard Devereux acquitted of stealing four sheep.

Pat. McGrath - Guilty of stealing 2 sheep from John Cahil - 
to be transported 7 years.

Andrew Kennedy, Wm. Kennedy and Edmd. Conners, found Guilty 
of stealing two sheep, property of Robt. Allen - to be 
transported 7 years.

"Thomas Magrath was acquitted of the murder of Mary 
Londregan - no prosecution. The prisoner was a young boy and 
deaf and dumb. The homicide was the consequence of an 
accidental shot."

"Edward Bradley a soldier of the 62nd regiment was found 
guilty of stealing in a public house in Templemore two 
sovereigns, a pound note, and some promissory notes out of 
the breeches pocket of Pat Fihelly near whom the prisoner 
sat on the night of 1st of November." Evidence from Corporal 
Kell [Kelly?] . - To be transported 7 years.

"John Noonan and Anne Aderly, the wife of a soldier, 
acquitted of stealing two shillings, one half crown and a 
sixpence out of the pocket of Anne Kearny at the December 
fair of Clonmel."

Bridget Dwyer guilty of stealing a coat, property of Wm. 
Doody. To be imprisoned six months.

John Quirk (alias Whittle) guilty of stealing a cow, 
property of William Scoafield - six months imprisonment with 
hard labour.

Many Hennessy and Catherine Fogarty "(a little girl about 
twelve years and niece to the other prisoner)" guilty of 
stealing coat of Patrick Londrigan and a cloak of Mary 
Londregan. "Mary Hennessy is an old offender and twice 
before in Gaol."

David Hennessy and Jeremiah Broderick guilty of stealing 
pigs of Henry Gipson - To be transported 7 years.

John Watson charged with taking forcible possession of a 
house and lands in the possession of his daughter-in-law now 
a widow. Agreed it should be left to the arbitration of Mr 
O'Keefe of Thurles.

Record court: Monday - Seventh Day.

"The civil business being disposed of, Baron Pennefather 
proceeded to try criminal cases"

James Kane, stealing twenty flaxen balls on January 29th at 
Clonmel, the property of Wm. O'Neill - Guilty to be 
imprisoned four months and kept to hard labour.

Terence and Richard Fleming for stealing on the 31st 
December at Tipperary, 12 stone of wheat of Michael Barry. - 
Acquitted.

Mary-Anne Fitzgerald for stealing at Nenagh, bank notes and 
sovereigns to the sum of  £6. of Ellen McLoughlan. - 
Acquitted.

Criminal Court: Tuesday - Eight Day.

"James Shannon, an old grey-headed man was indicted for an 
assault on, and attempting to shoot, Jane McCarthy, at 
Nenagh on the 19th of November. Jane McCarthy swore that the 
prisoner attempted to choak her child, struck and broke her 
own nose, and then attempted to shoot her with the pistol 
which he snapped at her. Joseph McCarthy, the husband of the 
preceding witness, and a police constable, proved that he 
saw his wife in gores of blood and prisoner presenting a 
pistol at her, and subsequently turned on witness, presented 
a pistol and snapped it at him; and that since he had shot a 
man before, the witness was afraid of him; in three weeks 
after witness was surrounded by a mob in Nenagh, struck, and 
had his head fractured." Evidence from Constable Sergeant 
Sweeny. - Acquitted "in consequence there was a doubt pistol 
was snapped." Prisoner bound over to next Assizes for an 
aggravated assault.

John Magrath and James Magrath were Acquitted of stealing a 
mare and a colt.

John Mansfield, a journeyman baker, charged with stealing 
bank notes a sovereign and some silver to the amount of £14 
2s. from John Duggan his employer. The prosecutor could not 
identify the money but a constable proved prisoner had 
acknowledged he had taken the money. Guilty - To be 
transported 7 years.

Thomas Boyle acquitted of stealing an ass from Peter 
Smithwick.

Ellen Power and Mary Phelan, indicted for stealing cloth, 
the property of John Slattery, of Carrickbeg - Acquitted.

John Moore acquitted for a burglary and a felony - their 
being no prosecution.

Peter Neale indicted for an assault on his wife was 
acquitted from want of prosecution.

"Daniel Corrig or Courig was now placed at the bar to 
receive sentence of death for setting fire to and assaulting 
the house of Thomas McNamara of Cappagh. His Lordship, after 
detailing the atrocious particulars of the outrage commented 
in severe terms on the conduct of the lawless banditti that 
infest this county; carrying fire and destruction to all 
that should, contrary to their bloody code, take any 
ground."  - "His Lordship then counselled him in the most 
earnest manner to prepare for the awful fate that awaited 
him, and to convey his dying advice to his companions in 
guilt to abandon their wicked course. His Lordship then 
passed the awful sentence of the law, and ordered him for 
execution on the 18th inst."

"The unfortunate woman, who was found guilty of the murder 
of her illegitimate child, was respited."

[This must refer to Alice Mulcahy sentenced to death on the 
previous Friday and for whom some Jurymen asked clemency on 
Saturday - See above for the newspaper's account.]

[Thanks to Coralie Hird and to Lesley Ueber - see: 
http://users.bigpond.net.au/convicts/index.html - I have 
learned that Alice (aka Alicia) Mulcahy arrived in Australia 
on board the Asia in 1830, she was aged 27. In 1834 she was 
given permission to marry Thomas Rhodes, also a convict.]

The court adjourned about one o'clock.

Record Court Tuesday - Eight Day (hearing Criminal Cases)

"Patrick Fitzgerald and Margaret McCarthy for stealing on 
the 19th November at Carrick-on-Suir, a band-box, two 
leghorn bonnets, a silver watch with two gold seals and a 
gold key, a shawl, silk handkerchiefs and other articles the 
property of Elizabeth Walker. Elizabeth Walker - was going 
on the 19th November to Waterford from Clonmel on Mr. 
Bianconi's car." Some of the articles were missing on 
arrival in Waterford. Some were later found by Sergeant John 
Flood in the possession of the prisoner McCarthy. Evidence 
given that prisoner Fitsgerald had sold the items to 
prisoner McCarthy who did not know they were stolen. "The 
female prisoner was acquitted. Fitzgerald being found guilty 
was sentenced to be transported 7 years. On being sentenced 
he expressed his thanks to the court."

Michael Brien for fraudently representing himself as 
commissioned to collect three shillings and three pence, 
Barony tax from H. McDonough. - Acquitted.

Margaret and Alice Scanlan for stealing wearing apparel - - 
To be transported 7 years.

Timothy Carthy and James Lalor for stealing three pigs' 
heads.- To be transported 7 years.

Thomas Baldwin, James Brien and Bridget Baldwin for stealing 
wearing apparel - Acquitted.

Wm Hennessy pleaded Guilty to an indictment for stealing 
Bank notes and several pieces of gold and silver money to 
the amount of  £35 - To be transported 7 years.

Stephen Ryan, stealing wearing apparel - Acquitted.

End of the account.


Comments:
This is partly a transcription in " quotation marks " and a 
summary - without quotation marks - of the Criminal Assizes 
in Clonmel in March 1829. It is taken from the Clonmel 
Herald - a Protestant and pro-Unionist paper. The assizes at 
Clonmel in March that year were held for eight days and 
cover cases from all over County Tipperary.

The assizes tried more serious cases than the Petit Sessions 
and were held eight times a year, twice each in Nenagh, 
Thurles, Clonmel and Cashel. They were presided over by a 
Judge (Judge Jebb in this case) and a Grand Jury - 
established landlords and notables in the county.

Source:
The newspaper is in the British Library Newspaper Collection 
in Collindale in north west London. You can see the 
newspaper catalogue on-line at:
http://www.bl.uk/collections/newspapers.html