News: Court Decisions, 3 Nov 1861 Co. Tipperary, North Riding *********************************************** Ireland Genealogy Projects Archives Tipperary Index Copyright ************************************************ File contributed by: Mary Heaphy COURT DECISIONS, 3 NOV 1861, CO. TIPPERARY, NORTH RIDING Clonmel. Friday. Mr. Justice O'Brien took his seat this morning at 10 O'clock, and proceeded with the trial of prisoners. Felonious Assault. The Queen V. John White. John White was indicted for a felonious assault upon Ellen Heely-The prisoner was acquitted. Counsel for the prisoner-Mr. Edward Johnstone. Cow Stealing. The Queen V. Mary Quigley. The prisoner was indicted for stealing a heifer, the property of Daniel Dwyer. The prosecutor proved that he had gone with a policeman to the farm of the prisoner, and did not see his heifer there;- he went a second time with a search warrant and found the heifer, he then went to the prisoner's house, and asked her for the heifer, she said she had no heifer but her own;-the heifer was unmarked. On cross examination witness admitted that he and his wife had some little difference, his wife sold cattle for him;-heard she had sold the heifer and two other cattle;-the prisoner is a respectable farmer;- has more cattle than witness;-witness heard his own wife tell the magistrates that she had sold the heifer to the prisoner. The Crown, upon the appearance of the evidence, gave up the case. Counsel for the Prisoner-Mr. Edward Johnstone. Passing Base Coin. Honora Carthy, a mere child, was indicted for passing a base sixpence on the 24th Jan., this year. The only witness against her was a very intelligent little boy, of about the same age as the prisoner, 9 years. Witness could not prove the identity of the sixpence, the prisoner was accordingly acquitted Sarah Cronin was also indicted for passing another counterfeit sixpence to the same boy. Record Court. Mr. Justice Chambers has been engaged during the morning in disposing of the civil bills appeals. One of these was from the decision of Mr. Sergeant Howley, the chairman of this county, who had given a decree below against the Great Southern and Western Railway. The plaintiff, Mr. Kennedy, processed the company for not keeping in repair a certain sluice, whereby the lands of the plaintiff had been flooded and injured. The appeal has not yet concluded. Clonmel Saturday. Mr. Justice O'Brien took his seat at 11 o'clock this morning and proceeded with the trial of the prisoners. The Queen V. Daniel Driscoll The prisoner was indicted for the manslaughter of Thomas English, on the evening of the 6th Dec., the deceased was at the door of the forge of prisoner's father, Denis Driscoll said to deceased--"If the truth is in you, tell it now", deceased then said, in an angry manner, "Come out here now". Denis then came out, when deceased caught him, attempted to choke him, and struck him twice, the prisoner came out with a bar of hot iron, deceased made a kick at him, when the prisoner flung the bar at the deceased, which hit him in the mouth, deceased lingered for 6 days before he died. It appeared that the dispute between prisoner's father and the deceased had originated over a blacksmith's punch which the prisoners father had lent to the deceased, which old Driscoll stated the deceased had not returned to him, deceased contended he had. Dr. Scully who attended deceased before his death, stated deceased had met his death from a wound. The prisoner was undefended, but called a witness as to character. His Lordship having charged the jury, they found a verdict of not guilty. His Lordship, before ordering the discharge of the prisoner, addressed some admonitory remarks to him, telling him that, although unwittingly, he had been a cause of a fellow creature's death; nevertheless he had suffered 4 months in prison. His Lordship advised him to remember and take warning from that incarceration to abstain from using any weapon or instrument which would be likely to cause death. This warning his Lordship hoped would be attended to by those who were present in the court. Post Office-Stealing Letters. The Queen V. Michael Foley. The prisoner was indicted for that he, on the 18th of Nov. last year, at Killenaule, in the South Riding of Tipperary, did steal a letter containing two halves of bank notes, each for £5, also for embezzling. Mr. Michael O'Connor, of Old Bridge, in County Waterford, enclosed to one Michael Kennedy, of Killenaule, on the 17th November, send two halves of National Bank notes for £5 each-Clonmel issue-the other halves he gave to a carrier named John Hall, to bring to Mr. Kennedy in Killenaule. Mr. Michael Kennedy proved that the first time he saw either of the four half-notes again was when Mr. Gill, the manager of the National Bank in Clonmel, showed them to him. John Hall proved he was a carrier, got a letter from last witness on the 17th Nov. to bring to Mr. Kennedy in Killenaule. Saw him cutting two notes in half, and putting them into an envelope for witness, witness brought the letter to Mrs Kennedy the next morning. Mrs Kennedy proved that on Sunday the 18th of November, she had received a letter from last witness, which she saw her husband open, she did not open it. Michael Kennedy proved that he had got the letter from last witness containing two half £5 notes, knows the numbers, took the numbers about a fortnight after-gave those notes to a Mr. King, a victualler in this town, got them back from King, send them back again to O'Connor by letter through the Post Office. Mr. William King-Received the half notes from Kennedy on the 21st November, did not notice the numbers; Kennedy told me I would get the other halves from O'Connor. Kennedy and O'Connor were then recalled to prove that the left-hand halves of the notes which were produced were the notes which had been enclosed in the envelope sent by the carrier to Kennedy, and from Kennedy to O'Connor again. This was the only way by which the half notes could be properly identified. O'Connor now proved that he had put the right hand halves into an envelope, gave it to a boy named Cummins, who had posted the letter addressed to Mr. Kennedy, Killenaule. John Cummins proved that on the 17th Nov he had received a letter from O'Connor, which he had posted in the Clonmel Post Office. To a Juror-The letter was addressed to Michael Kennedy. Patrick Wall proved that he was in the employ of the Post Office in Clonmel; proved the post mark of Clonmel, Nov. 17th 1860, the mail for Killenaule was despatched at a quarter to nine in the evening of that day. Mr. Wall, Postmaster at Killenaule-The Clonmel mail of the 17th arrived in Killenaule at a quarter to ten on the 18th, proved the Killenaule postmark, identified the prisoner, gave all the letters he received on the morning of the 18th Nov., prisoner never gave any of the letters back to witness. Mrs Kennedy, wife of William Kennedy, a former witness, proved the custody of the left hand halves for some time, her husband gave them to her, and she gave them to Michael Kennedy. Mr. John Fitzgerald-Keeps a shop at Killenaule, knew the prisoner to be letter carrier of Killenaule, prisoner came to witness sometime in December, and showed him two half notes, he asked witness what he should do with them, I saw the name Clonmel on them, and told him to bring them to the National Bank in Clonmel, where, if he could get any respectable person to answer for him, he might get the money. Prisoner then left witness's shop bringing the notes with him, Mr. M'Craight met prisoner in Killenaule next morning, he said he had half notes with wrong numbers, and wanted to know whether witness would take them to Clonmel. I told him I would next day, and said he might leave the notes at witness's shop in the course of the day, came about 3 o'clock, and in his presence and witness, showed him two half notes which he said were those he had left there, he knew the word "five" was written on the notes;-witness brought those half notes to Clonmel the next day, to Mr. Gill, the manager of the National Bank, witness marked the notes. Mr. Gill-Manager of the National Bank in Clonmel.---Mr. M'Graight brought the right hand half notes to me on the 13th Dec.; the left hand notes were presented to the bank on the 13th Dec.; the person who had left the left-hand halves witness could not recognise. Constable McLean arrested the prisoner on the 14th Dec. and found the envelope already proved to have contained the right-hand half notes, showed the envelope to O'Connor; who gave it to the Post-Office surveyor, Mr. James. Mr. Ryan, the postmaster there, proved that he had told the prisoner to deliver the letters when he gave them to the prisoner. It also appeared that in November he got £6 per year as Postmaster in Killenaule, and from that paid the prisoner as letter-carrier one penny per day, or 30s., a year. The Postmaster gave the prisoner an excellent character, and stated that when hiring him he got a very good character of him from the last Postmaster. His Lordship then charged the jury and recommended all who heard him not to follow the example of O'Connor in not taking the number of half-notes when sending them through the post. The jury found the prisoner guilty of stealing the money from the envelope.