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Lurgan Coat of Arms The Armagh Guardian


10 March, 1843  

VERDICTS OF THE ASSIZES RESUMED

The Right Hon. the Chief Baron took his seat at half-past nine this morning, when the following persons were sworn on the Petit Jury:
Messrs. John M'Waters, R. M'Indoe, John H. Cardwell, Patrick Gibbon, John Simpson, Thomas Sinclair, Hartford Montgomery, William Kidd, Alex. Kin-mouth, Jacob Orr, William Boyd, jun., Simon Sinclair.

BIGAMY.
Bernard Mulholland, charged with bigamy, was then put on his trial. Henry Matthews, examined by Mr. HANNA -- Has known the prisoner many years; I lived in the parish of Seago; the prisoner I never knew to be anything but a Roman Catholic; he was married to Ellen M'Keown; cannot tell whether it was Mr. Burns or Mr. Morgan who married the prisoner; the prisoner and his wife lived together in a house of my mother's for about half a-year; I know his wife still; she is alive now. To the prisoner -- I never knew Ellen M'Keown to be out of the country.
Michael M'Linden, examined by Sir T. STAPLES, Q.C. -- Knows to prisoner; knows Ellen M'Keown; I was present at her marriage, in Mr. Morgan's own house in Seago; I never knew them to be anything but Roman Catholics; they lived as man and wife to my knowledge for a quarter of the year; Ellen M'Keown is still alive.
Silas Tipping, examined by Mr. HANNA, Q.C. -- Knows the prisoner; saw him married to Mary Berry in the month of August, 1841; he was married in Maralin Church, by Rector Dunn; I think they took up house, and lived together as man and wife.
Mary Berry, examined by Sir T. STAPLES, Q.C. -- Knows the prisoner; I was married to him in the month of August, 1841, in the parish of Maralin; Rector Dunn married us; we lived together nearly two years; I am a Protestant.
John Turner, examined by Mr. HANNA, Q.C. -- I am the governor of the County Jail of Armagh; the prisoner has been in custody since 21st July, 1842; he was committed by Mr. Hancock for bigamy.
The jury, without retiring, find prisoner guilty, and sentence of seven years transportation was passed upon him.

CHARGE OF MURDER.
Patrick Nugent was indicted for the wilful murder of John Hughes, at Keady, on the 20th August, 1842. Henry Kelly examined by Sir T. STAPLES, Q.C., -- lived in Keady; I know the prisoner; knew John Hughes; he is now dead; the prisoner lived next door to me; on the 20th August I saw John Hughes about ten o'clock at night; he then went in the direction of Nugent's; I came home and went to bed; was in bed about twenty minutes when I heard an uproar in Nugent's house; I heard a man's voice shouting "Garry Owen;" I rose and looked out of the window, and saw John Hughes rising off the street; Nugent's door was open at the time; it was a bright moonlight night; Nugent was outside the door; Nugent said, "If you come near me again and I will leave [-- ? --] upon you for you have disgraced me enough." Hughes ran forward, and Nugent struck him with great violence; he staggered and fell on the rise of the road; Nugent then locked his door, and went up and looked out of the window; John Hughes was then raising and a very weak state off the road; I made a remark that Hughes was a very weak and powerless man; Nugent replied, that if he was, he had caught a very hard grasp of him a little time ago; Hughes' head was bleeding and he rose up off the road; Hughes fell again when he got to his feet; Nugent asked me if any of my boys would assist him to carry Hughes home; none of us did so; Hughes died about three o'clock, on the 20th; they had been good friends before, so far as I know; Hughes was sober, to all appearance, when I saw him.
Cross-examined by Mr. MOORE -- I am a tailor; I live in the town of Keady; the prisoner and I live on the same side of the street; could see Nugent door distinctly; I was examined by the Grand Jury; I said before the Grand Jury that Hughes came forward to Nugent's door in the fencing attitude, and appeared angry; I stated that if whisky was the cause of Hughes' acting so, he must have drank a great deal; Nugent appeared by what he said to be more anxious than I was to assess Hughes home; I thought I was best at home; I smelt whiskey on some of the parties; I heard that Nugent assisted the deceased some way; I was just about falling asleep; I heard Nugent say, "You have disgraced me enough;" heard that Nugent meant by that expression that he (Hughes) had disgraced him by getting drunk; Nugent, so far as I know, may be a very decent man; I heard the prisoner say, "Hughes, go home." To the COURT -- Nugent was leaning over his half-door; he struck Hughes over the half door; Hughes appeared more in the position of a weak man staggering, than in a fencing attitude. To a JUROR -- After he rose off the road, the tottered and fell; I am near-sighted, but can see very well.
The Honourable the CHIEF BARON said -- So far as the evidence had gone, there was nothing to convict the prisoner. It appeared that he (the prisoner) had used no more violence than was necessary, to keep the deceased out of his house, and that his death was evidently the result of an accident. The jury, without retiring, returned a verdict of not guilty, and, there being no other charge against the prison, he was dismissed.

ASSAULT.
James Cameron was charged with common assault on Anne Clarke, a child of four years and a quarter old, on 23d February last. The evidence adduced in this case is altogether unfit for publication.
Mr. O'HAGAN appeared as Counsel for the prisoner, and addressed the jury at considerable length. He then produced several witnesses, who gave the prisoner an excellent character; and, amongst others, Dr. Colrean of Armagh, who had examined the child. Sir T. STAPLES addressed the jury on the part of the Crown. The Hon. the CHIEF JUSTICE, having recapitulated the evidence, the jury retired, and shortly afterwards returned with a verdict of not guilty. The prisoner was discharged.

Catherine Hagan for stealing a cotton gown, the property of William Hunter. Confessed to the charge.

The following gentleman were then sworn on a new Petit Jury: Messrs. James Rowley, Robert Keegan, Francis M'Kee, Samuel Ledlie, Wm. Cross, John Keegan, John Colville, George Scott, William Marshall, Robert Davison, James Black, Jim Donnelly.

POST OFFICE ROBBERY.
James Burns was then charged with feloniously stealing out of the Post Office, Markethill, the letter directed to the Directors of the Northern Banking Company, covering their bank cheque and a half bank note -- in all, of the value of 530, on the 16th December last.
Sir T. STAPLES stated the case for the prosecution. Joseph M'Kee, examined by Mr. HANNA, Q.C. -- Lives in Markethill; is agent for the Northern Bank; has seen the letter produced before; it was written by himself, on the 16th December last; enclosed three cheques and a half bank note; it was sealed with a wafer, and addressed to the Director of the Northern Bank; it was about eight o'clock at night when he put it into the pipe of the Post Office receiver; the office was open at the time; put in another letter at the same time; then returned home; it was wet weather, and the street was dirty; knows the prisoner; he (prisoner) lived in Markethill at that time; cannot tell whether he can read and write; knows Edward Cumming; saw him on that morning. Armagh, Friday, 10 March 1843

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