Misc: Requests for Leniency - Sessional Papers. 1839

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REQUESTS FOR LENIENCY - SESSIONAL PAPERS. 1839

1. Memorial of PETER RYAN, JOHN RYAN, JAMES MAGRATH, JAMES 
HOGAN, JOHN HONORS, PATRICK DWYER, and HENRY WADE.

To his Excellency the Earl of Mulgrave, Lord Lieutenant 
General and General Governor of Ireland.

The humble Memorial of PETER RYAN, JOHN RYAN, JAMES MAGRATH, 
JAMES HOGAN, JOHN HONORS, PATRICK DWYER, and HENRY WADE, of 
Cappaghwhite in the County of Tipperary, now Prisoners in 
the House of Correction of said County, Humbly showeth,

That your Excellency's Petitioners were tried at October 
Sessions 1835, at Clonmel, before the Worshipful Assistant 
Barrister HOWLEY, Esq., and a Board of Magistrates, and 
found guilty of an Affray at the Fair of Cappagh about last 
September, and sentenced to Twelve Months Imprisonment with 
hard Labour.

That on passing Sentence on your Petitioners his Worship the 
Barrister said that if Peace and good Harmony existed in 
that District, Cappaghwhite, for Six Months, that he would 
make Application to the Government for your Petitioner's 
Discharge.

That there have been Two Fairs in Cappagh since the 
Conviction of your Petitioners, and that there has been no 
rioting nor any thing to disturb the Peace of the Fairs, 
which can be attested by JOHN WILCOCKS, Esq., Chief 
Magistrate, and the Parish Priesy.Appendix (K.)

Memorials to the Lord Lieutenant in favour of Prisoners set 
at liberty.

Your Excellency's Petitioners further say, they will never 
be guilty of a Breach of the Peace or Riot as long as they 
live ; and that your Petitioners hope your Excellency, from 
your wonted Goodness, and your Wish and Anxiety to encourage 
the Peace of the Country, will, on a Representation from his 
Worship and the Magistrate of the District, JOHN WILCOCKS, 
Esq., of the Truth of the Memorial, be pleased to order 
their Discharge. And your Memorialists will for ever pray.

2.  Memorial of WILLIAM DWYER, THOMAS RANKINS, MICHAEL LACY, 
JOHN MURPHY, DENIS M'CARTHY, DANIEL LONERGAN, THOMAS DWYER, 
DANIEL HARRIS, and PATRICK HARRIS.

To his Excellency Constantine Henry Earl of Mulgrave, 
K.C.H., General and General Governor of Ireland.

The Memorial of the undersigned WILLIAM DWYER, THOMAS 
RANKINS, MICHAEL LACY, JOHN MURPHY, DENIS M'CARTHY, DANIEL 
LONERGAN, THOMAS DWYER, DANIEL HARRIS, and PATRICK HARRIS, 
Most humbly showeth,

That your Memorialists were tried for a Riot and Assault 
before Mr. Assistant Barrister HOWLEY at the Quarter 
Sessions of the Peace held in the City of Cashel in the 
Month of January last, and were found guilty, and sentenced 
by him to Eighteen Months Imprisonment and hard Labour, and 
who at the Time of passing Sentence on your Memorialists was 
pleased to remark, that if the Peace was observed in that 
Part of the Country where the Friends of Memorialists 
reside, that the said Assistant Barrister HOWLEY would 
recommend a Mitigation of the Sentence.

Your Memorialists further showeth that during the 
Imprisonment of your Memorialists these Seven Months past 
the Peace has been strictly kept by the Friends of your 
Memorialists, a written Certificate of which has been signed 
by the resident Catholic Clergymen of the Parishes to which 
your Memorialists each and respectively belongs, and which 
Certificate, so signed by Four Catholic Clergymen, is now in 
the Possession of Mr. Assistant Barrister HOWLEY, and to 
whom, for the Truth of this Allegation, your Memorialists 
most respectfully refer.

Your Memorialists therefore approach your Excellency, and 
trust, and indeed confidently hope, that by taking into 
consideration the long and severe Imprisonment they have 
suffered, the general Observance of Peace and Tranquillity 
in the District where your Memorialists resided, the 
Oblivion and Forgetfulness between them of all Animosities 
and Party Feuds, and also the written Certificate as to the 
general Peace of the District where your Memorialists 
resided, signed by the Four Catholic Clergymen, now in Mr, 
Assistant Barrister HOWLEY's Possession (as before 
mentioned), you will be graciously pleased to order our 
Liberation, and to remit the Remainder of our Time of 
Imprisonment. And we shall as in Duty bound ever pray.

3.  Memorial of PATRICK  MEARA and MICHAEL LAWLER.

To his Excellency Earl Mulgrave, Lord Lieutenant General and 
General Governor of Ireland. Humbly showeth,

That JOHN MEARA and JOHN LAWLER ( Petitioners Sons) were 
convicted of a Riot at the last Thurles Quarter Sessions, 
and sentenced each to Nine Months Imprisonment and hard 
Labour.

That Petitioners are small struggling Farmers depending on 
their own and Children's Labour for Subsistence, and 
particularly in want of their Children's Assistance during 
the Harvest.

Petitioners particularly beg to refer your Excellency to the 
Character ?f the Prosecutor attached hereto, as also to the 
Characters of their Children now in Prison.

Petitioners beg to assure your Excellency that the 
imprisoned were never concerned in Party Fights, nor until 
this Time ever in an accidental Riot.

Petitioners do not wish to annoy your Excellency by stating 
the Particulars of the Riot for which their Children have 
been convicted, but they solemnly assure your Excellency

that the Riot was unpremeditated on the Part of their 
Children.

Memorials to the Lord Lieutenant in favour of Prisoners set 
at liberty.

Your Petitioners therefore humbly intreat your Excellency 
for the Remission of the unexpired Portion of the Sentence 
passed on their Children. And your Petitioners will ever 
pray.

Patt. LAWLER. Mich. ??ARA.

We the undersigned have attended and were sworn as Jurors at 
the last Nenagh Quarter Sessions. A Trial for Riot came 
before us in which a Man named DANIEL FOGARTY (the Person, 
as we are informed, who prosecuted MEARA and LAWLER, 
mentioned in the attached Petition,) was Prosecutor, and one 
Moran Defendant; FOGARTY'S Evidence was such that we could 
not believe him. If the Persons mentioned in the Petition 
have been convicted on his Testimony, we have no Hesitation 
in recommending them to Mercy.

?. ?. Abbot, Foreman. WM. BOURKE.  JAS. MAGRATH. PAT. 
CLEARY. JNO. DARCY. JNO. DONOHOE. PAT. MEARA. PAT. BRIEN. 
JNO. MOYLAN. H. HARDEN. MICH.M’KEAGH, CH.SWITZER.

We the undersigned testify to the excellent Characters 
Petitioners and their Children have always borne, and we 
join in urging the Prayer of their Petition.

JNO. O'MEARA, V.P., Drumkerrin. John Eagan, V.P.

EDM. TOOKEY, R.C. Curate.

BERN. DUNN, P.P., Cloghjordon.

N. HOURIGAN, P.P., Shinrone.

ED'W. KENNEDY, Distiller, Cloghjordon.

Moneygall, 20th July 1836.

Source: THE SESSIONAL PAPERS PRINTED BY ORDER OF THE HOUSE 
OF LORDS, OR PRESENTED BY ROYAL COMMAND IN THE SESSION 1839, 
ARRANGED IN THIRTY-EIGHT VOLUMES. 
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