COUNTY ARMAGH ASSIZES
On Wednesday morning last, THOMAS MORRIS JONES,
Esq., attended at the Court-house, in this city, for the purpose
of forming the Grand Panel, when the following gentlemen
answered to their names:--
1 William Verner of Churchill, Esq., M.P., Foreman.
2 Lord Viscount Mandeville, of Tandragee Castle.
3 Maxwell Close, of Drumbanagher Castle, Esq.
4 Sir George K. Molyneux, of Castledillon, Esq.
5 Walter M'Geough Bond, of Derrycaw, Esq.
6 Wm. Blacker, of Carrick, Esq.
7 Robert W. Cope, of Loughgall House, Esq.
8 James M. Caulfield, of Hockley, Esq.
9 James M. Stronge, of Tynan Abbey, Esq.
10 Arthur Cope, of Drumilly, Esq.
11 John Robert Irwin, of Carnagh House, Esq.
12 Marcus Synnot, jun., of Ballymover, Esq.
13 James Harden, of Harry-brook, Esq.
14 William Jones Armstrong, of Fellows Hall, Esq.
15 William St. John Blacker, of Mullabrack, Esq.
16 Edward Wellington Bond, of Bondville, Esq.
17 Joseph Atkinson, of Crowhill, Esq.
18 John Porter Harris, of Ashfort, Esq.
19 Maxwell Cross, of Darton, Esq.
20 William Blacker, of Gosford, Esq.
21 William Paton, of Armagh, Esq.
22 Thomas Dobbin, of Armagh, Esq.
23 John Hancock, of Lurgan, Esq.
~~~~~~~~~~~~~~~
PETTY ASSIZES
The following persons
were sworn as a
PETTY JURY:--Messrs. Wm. Running, John Corry, Thos.
Sinclair, John Hyde Cardwell, John M'Watters, George Scott,
John Simpson, Alex. Small, John Hughes, John Gribben, Jas.
Black, and James Watkin.
Patrick Kerr, for stealing a bag, containing two pounds of
beef, two pounds of onions, and a rope, the property of Edward
Fair. Guilty--six weeks imprisonment, and to be kept at hard
labour.
Patrick Hillock, for stealing one stone of potatoes, the
property of James Brownlee, of Limnagore; and a petticoat, the
property of Ann Hagin, on the 20th of January last. Guilty;
two months' imprisonment, and hard labour.
Rose M'Veigh, for stealing ninepence from Margaret O'Hare,
on last Saturday fortnight at Newtownhamilton. Guilty; two
months' imprisonment, and to be kept at hard labour.
Daniel Kittle, and Margaret Kittle, alias Balance, for picking
the pocket of Michael Gallagher of 15s. 6d., on the 28th of
January last. Guilty; nine months' imprisonment, and to be
kept to hard labour.
Elizabeth Harper, for stealing a linen shirt, on the 13th of
February, the property of James Cloughley. Guilty; three
months' imprisonment, and to be kept at hard labour.
Patrick M'Keown, having stolen three geese, on the 4th ult.,
at Newtownhamilton. Guilty; three months' imprisonment, and
hard labour.
Patrick Collins, having stolen six handkerchiefs from the shop
of Jane Kerr, (Lurgan,) on 29th January last.
Prisoner pleaded guilty; three months' imprisonment, and
hard labour.
Patrick Creagan, Stephen Cunningham, and Bartholomew
Burns, stealing certain articles of wearing apparel from the
Newry Workhouse.
All the prisoners pleaded guilty, and were sentenced each to
two months' imprisonment, and hard labour.
Alice Macfarland and Anne Kennedy, stealing a linen shirt
from the Newry Workhouse, on the 22d January last.
Robert Short, porter to the union, examined. Anne Kennedy
was an inmate of the workhouse; was visited by her sister on 22d
January; whilst in the hall, saw Macfarland secreting a child's
shift, marked the property of the union; charged them with so
doing.
The jury, without leaving the box, returned a verdict of
guilty, with a recommendation to mercy--sentenced each to six
weeks' imprisonment.
Jacob Grimley, for stealing two stones of potatoes, on the
22d January, the property of Michael Crommie, of Portadown.
Guilty; six months' imprisonment, and hard labour.
Robert Fitzsimons, indicted for stealing a pair of shoes, the
property of Andrew Davidson; a blue body coat, and a pair of
drawers, and a castor hat, the property of J. Gass; and a pair
of trousers, the property of Mr. Steel, on the 27th of December
last.
Pleaded guilty--sentenced to two calendar months to hard
labour.
John Carvill, for stealing a quantity of turf, the property of
Robert Ellis.
The prisoner pleaded guilty; to be imprisoned two calendar
months, and kept at hard labour.
Michael Madigan, alias Madden, stealing a heifer, the
property of Hugh Hagan, sen., near Cookstown, on the 9th ult.
Hugh Hagan, sen., examined--Lives at Cookstown; purchased
a cow at Lurgan on the 9th January last; gave her in
charge to his son to bring to Cookstown; (this was on Thursday
evening;) did not see the cow again till the following Sabbath,
when he found her in Martin Gartland's, near Blackwatertown;
found her tied to a tree in Gartland's orchard; brought the cow
back with him.
Hugh Hagan, jun., corroborated the statement as to receiving
charge of the cow; when he was about a half mile from Lurgan,
the prisoner overtook him; witness asked him how far he was
going; prisoner said to the Birches; witness said he was going
there also; (the Birches is situate between Verner's Bridge and
Portadown;) went there in company, when prisoner proposed
to go to Loughgall, as by Verner's Bridge would be out of his
way; witness gave him 8d. to accompany him; when they
reached the porter's gate at Colonel Verner's, prisoner told him
to go in and warm his feet, saying he would mind the cow while
she was feeding; witness remained about 15 minutes in the
gatehouse; when he came out prisoner and cow were both gone;
next place he saw prisoner was at Portadown, in custody of two
butchers, who had given him in charge to the police; saw him
on Sunday afterwards; witness, police, and prisoner went soon
after to Gartland's, and there found the cow, as stated by
preceding witness.
Patrick Gartland, is son to Martin Gartland; remembers
prisoner coming to his frther's [sic] on a Friday morning with the
cow; prisoner said there was a decree for him, and wished the
cow put out of the way till it was settled; left the cow, saying
he would take her in a few days; saw him next on Saturday
night in custody with the police, who came with Hagan and
his son to witness' father's; Hagan claimed the cow as his
property; his father's residence is six miles from Verner's bridge.
Thomas M'Caffrey, Sub-Constable of police, is stationed at
Portadown; took prisoner into custody on the 11th of January
last; prisoner was left in his charge at the police office; sent
for the head-constable at prisoner's request, when he stated
that the cow was at Martin Gartland's; whereupon he and the
head-constable went and found the cow as prisoner described.
To the Court--Went to Gartland's about 10 o'clock at night,
and brought the cow from Gartland's to Blackwatertown.
James Prunty and Francis Harvey gave the prisoner a good
character, having known him since he was a child.
His Lordship charged the Jury at considerable length, who
returned a verdict of guilty--Sentenced to two years' imprison-
ment, and hard labour.
Edward Carroll, for stealing a cow, on the 28th of December,
at Newtownhamilton, the property of Patrick Denv?r. Pleaded
guilty; to be imprisoned for eighteen months, and kept at hard
labour.
Patrick McCoy, for assaulting Ann Grimes, on the 27th of
December, at Forkhill, with intent, &c. [The prosecutrix did
not appear, and the prisoner was consequently discharged.]
Robert Gibbons, for assaulting Michael Patton, at Newtown-
hamilton, on the 7th of February. Pleaded guilty; two months'
imprisonment, and to enter into his own recognizances to be of
the pence.
John Chambers and Brothers Chambers, for making base coin,
at Derrycrew, in the months of June and July last. There
were several counts in the indictment, one of which charged the
prisoners with making crucibles and moulds in their possession,
for making counterfeit coin.
Sir T. STAPLES said the Crown could not sustain the indict-
ment; and the prisoners were acquitted.
Edward Byrne, for stealing a cow, on the 11th of July, 1842,
the property of Susana Murphy, of Derrynoose. (Trial post-
poned till next Assizes, in consequence of the illness of the
principal witness.)
Hanna Sullivan, for stealing several blacksmith's tools on
the 13th of January, the property of James Gallagher, of
Lurgan. Acquitted.
Mary Quinn, presented by the Grand Jury as a vagrant, was
found guilty. To give security herself in £10 and two sureties
in £5 each, in the course of one month, and to be of good
behaviour; or at the expiration of that period, to be transported
for seven years.
William Curran, for stealing a waistcoat and two brushes, on
the 5th Feb., the property of Mr. Henry Lindsay, of Armagh.
Guilty; six months' imprisonment, and to be kept to hard labor.
William Wilson, for stealing a sheep, on the 1st of Feb., the
property of John Quin, of Ballynock.
John Quin, having been called, said the prisoner was his
brother-in-law; that he had sworn rashly against him, but truly,
and that he did not wish to prosecute. The case, however,
proceeded. The wtness [sic] stated, that he had got a search-
warrant, and, having examined the prisoner's house, found
mutton in a tub, and a sheep-skin up the chimney. The skin
that was found was the skin of his sheep. On his cross-
examination, he said he believed, from every information,
that it was his sister took the sheep, and that she conceived
she had a claim to it, her father being dead, and the property
in common among the family. Acquitted.
Mary Carvill, for stealing a quantity of turf, on the 16th of
Jan., the property of John Stevenson, of Ballnacor. Guilty;
to be imprisoned for one week.
Thomas Kennedy and Margaret Kennedy, for receiving a
letter from Armagh Post-office, under false pretences, on the 23d
December last,--Guilty. Thomas Kennedy, two months'
imprisonment; Margaret Kennedy, three months' imprisonment
from the date of her first committal.
The Court rose about five o'clock.
~~~~~~~~~~~~~~~
COURT OF BANKRUPTCY
In the Matter of
JAMES MACKEY, of
Ballyards, in the County of
Armagh, Linen Merchant,
a Bankrupt
The Commissioner of Bankrupt will sit at the Court of
Bankruptcy, Four Courts Inns'-
quay, in the City of Dublin, on
Friday, the 14th day of March
next, at the hour of 11 o'clock in
the forenoon, to receive proof of
debts, and make a final dividend of the Bankrupt's Estates in
this Matter. All claims not then proved will be disallowed, of
which sitting all persons concerned are to take notice.--Dated
this 22d day of February, 1845.
BARRY COLLINS, Register.
John Connor, Agent to the Commission and Assignee, 37,
North Cumberland-street, Dublin.
~~~~~~~~~~~~~~~
PROLIFIC NATURE OF THE POTATO
Mr. PAINTER,
Steward to ARTHUR WALTER COPE, Esq., Drumilly,
Loughgall, has raised off one piece of ground, in the open air,
without the aid of glass, three crops of new potatoes, within
eleven months, always taking the young potatoes for his seed.
They are of the American Dwarf kind, and require a particular
preparation previous to planting.
~~~~~~~~~~~~~~~
SCRIPTURAL EDUCATION
On Wednesday last, the Dean
of Dromore, the Archdeacon of Connor, Roger Hall, Esq., of
Narrowwater, J. M. Maxwell, Esq., of Finnelbrouge, R. E.
Ward, Esq., of Bangor Castle, Conway Dobbs, Esq., of
Castle Dobbs, George Dunbar, Esq., of Woburn, and Captain
Banks, R.M., waited on his Grace the Lord Primate, at the
Palace, Armagh, to present an important address on the sub-
ject of Scriptural Education, from the united dioceses of Down
and Connor and Dromore. The deputation were received by
his Grace, with that christian courtesy which has ever been
manifested by is Lordship. The address was signed by
eighteen thousand six hundred and fifty persons, many of
whom were dissenters. His Grace returned a suitable reply.
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REPORT OF THE COUNTY SURVEYOR OF ARMAGH
H. L. LINDSAY, Esq., read the report. Mr. FOREMAN, MY LORD AND GENTLEMEN.--In making
a Report to you of the fiscal position of this County, I have to
state that, though the extent of road is greatly increased, the
amount of expenditure will not be augmented. The applications
for roads and bridges, &c., amount to £6,950, a large portion
of which is for the repairing of Parish roads, which are rapidly
increasing in extent, so much so, that it has been found
necessary, in several instances, to curtail the expenditure on the
broad roads, in order to keep the amount of the County taxation
within moderate limits, and to pursue an economical course in
the entire system. The consequences are, that the average
mileage expenses of repairing the roads is annually becoming
less. The circumstances will, I trust, remove the feelings
which existed, that the farmers' roads were unattended to, while
money was freely expended on the broad roads.
I have now to state my opinion with respect to the applications
for new works. In the barony of Tureny there is an application
for a short and necessary piece of new road, to avoid a steep hill
on a cross road near Benburb.
In the Barony of Upper Fews there is an application for a new
road from Crossmaglen to Castleblayney, in this County; upon
which I reported, on its being certified at last Assizes.
In the Barony of Lower Orier there is an application for
reducing a hill on the coach road from Tandragee to Portadown--
a work of much importance for the improvement of that road.
There is another very important application for improving the
part of the road from Mountnorris to Newry, by reducing the
Five-mile-hill, and widening the road across the Gall bog. This
is a work of great necessity, as it is absolutely dangerous to
pass over the road in its present state.
On the other applications I will state my opinion, as you will
be proceeding with the business, and will now take up another,
but not less important subject, that of the due expenditure of
the public money; and in doing so I feel great regret in being
obliged to state, that all I can say, in endeavouring to urge
contractors to the performance of their duties, and all I can do
is making them feel, not only the pecuniary loss they sustain,
but the penal responsibility they incur, by not attending strictly
to their contracts; still the duties are unperformed, and I am, in
consequence, in that disagreeable position, that I have no
substantive reason to bear me out in certifying a great mass of
the accounts. I am the more fully convinced of the feeling that,
in my mind, must exist, with regard to roads, that public money
ought to be obtained at a very cheap rate, as on my late circuit
over the county, covering a period from the middle of November
to near the middle of January, I scarcely met an individual
performing public work; this during a period of the year when
roads require particular attention, and when they are most subject
to floods, and the sudden effects of frosts, and when there
was a sum of nearly £10,000 to be accounted for, perfectly
astonished me, particularly so, when I considered that I had given
due notice of the time of inspection. The contractors seemed
to have altogether forgotten that I was going over the county
examining their contracts, and not only to look after the
expenditure, but to see that full and adequate value was given for
£10,000. This being the case, I had to awake them from their
slumbers, and that by what means ? by those that common sense
would immediately dictate--the withholding of payments, and
I hope, and trust, that in a short time an effort will be produced,
beneficial to the public, and of no disadvantage to the individuals,
as if they were to spend their time, at a proper period of
the year, in attending to the roads, which they afterwards
uselessly waste in looking after me for certificates for unfinished
work, the roads would be kept in order, and I would be able to
say, that nothing could afford me greater pleasure, than to be
able to certify every matter in its due course, as I would thereby
have the county business in a legitimate and laudable course of
action, and the entire arrangement would be so sytematic as to
create no individual annoyance.
Hoping that I have not been prolix, I have the honor to be,
Mr. Foreman, my Lord, and Gentlemen, your very obedient
servant,
HENRY L. LINDSAY, County Surveyor.
Armagh, 26th Feb., 1845.
On the Report having been received,
Mr. HANCOCK, addressed the Grand Jury at considerable
length, making especial reference to the custom of charging
fees for the filling of Road Contractors certificates, &c., which
he (Mr. H.) held to be obnoxious to the public generally, and
calculated indirectly to interfere with the proper management
of that part of the county business. He meant not to make any
charge against the County Surveyor or his assistant ; but the
practice was anything but judicious, and he doubted not but
that it exercised more or less influence on the Road Contractors,
who felt it a heavy burden. On the motion of Mr. HANCOCK,
a committee was appointed to investigate the matters alluded
to, and report accordingly.
Nothing particular occurred in the Barony presentments,
which occupied the Grand Jury for the remainder of the day.
~~~~~~~~~~~~~~~
CIVIL BILL DECREE
James Hughes, Lawrence Loughran, and Margaret Grant,
for rescuing a distress made under a civil bill decree, and for
assaulting James Brady, Michael Berry, and Bernard Maginnis;
also, for a riot on the 20th of December, at Aughayallig,
near Meigh.
James Hughes was allowed to traverse in prox.
Joseph Brady, examined by Mr. HANNA--I recollect going
to execute a civil bill decree, on the 20th December last, against
the goods of Charles Grant. Bernard Maginnis, Michael Berry,
and others, were with me. We got into the house about
eight or nine o'clock, at Aughayallig. We remained there until
the plaintiff, Berry, came in. Berry told me to do my duty.
I seized a top coat, and a sack, in the name of all the goods on
the premises. The plaintiff, Bernard Maginnis, and the
defendant's wife, were there. Loughran and Hughes were not
there at the time. We then took some of the goods, and put
them on the cart. Grant went for the purpose of getting the
landlord's bailiff to protect the goods. His wife was in and out
during the time. The goods were taken to Connnolly's public
ceeded to take a cart of oats, and a man named Hughes said, we
should get nothing out of that. Loughran said so too, as he
said all was seized by the landlord's bailiff. I went then to
seize an ass; and when I was driving it, Margarett Grant
struck the plaintiff on the head with a pitch-fork repeatedly.
There was a mob on the road, apparently organized and
encouraged by Loughran, who said they should get more abuse,
and get nothing away, as the goods had been seized by the land-
lord's bailiff, and he was present at the seizure. Maginnis was
also struck while endeavouring to save the bailiff. When going
to the house, there was no mob. The crowd had rods and staves
in their hands, and it was claimed by the landlord's bailiff.
Mr. T. Seaver gave Loughran a most excellent character.
Margaret Grant guilty of assault--two months' imprison-
ment; Loughran, not guilty.
~~~~~~~~~~~~~~~
PETIT SESSIONS SATURDAY
The Court was oocupied this morning in disposing of a few
road traverses for damages, till about half-past ten o'clock, at
which time the following petty jury was sworn:--Thomas
Kearns, Simon Sinclair, Crozier Christy, Alexander Small,
Mathew Ochiltree, John Hughes, Alexander M'Donald, Wm.
Boyd, jun., John Gribbin, John Burrowes, James Black, Wm.
Armstrong, jun.
Thomas Donaldson, for having robbed Thomas M'Camley of
a silk purse, containing £1 10s, on the 4th ult.
M'Camley deposed to having been in Armagh on 4th Feb.,
on which day prisoner met him when coming out of the linen-
hall, in Armagh, and put his hand in M'Camley's waistcoat
pocket, and extracted therefrom £1 10s; that he was not able
to apprehend him, and that he called Abraham M'Clelland, who
followed and arrested prisoner, and immediately gave him in
custody to Sub-Constable William Armstrong. Guilty,--10
months' imprisonment, and hard labour.
Francis Mullan, for posting and publishing a threatening
notice against any person who would dare to bring grain to
Lislanly mill, near Caledon.
The prosecutor was a James Macann, who swore to having
seen prisoner put the notice on Lislanly mill door, on the night
of the 16th December last. In the subsequent part of the trial
it came out that Macann had had some cause of quarrel with
prisoner, and was at one time heard to say "he would be
revenged of Mullan before he left this world."
Mr. John Gamble, agent to Mr. Armstrong, gave prisoner an
excellent character.
The jury returned a verdict of not guilty.
Eleanor Callon, for having, on 21st January last, stolen a
quantity of linen, the property of Anne Dowdall, of Calloville,
in this county. Not guilty,
John Sheil, for having on 1st November 1840, accepted a
farm of land from John Donaldson, on condition of supplying
him with food, clothing, and every other necessary, and for
wilfully neglecting to do the same, and suffering Donaldson to
die on 10th December last for want of food, &c.
At an early stage of the evidence, his Lordship interfered, by
saying the case could not be sustained, and the prisoner was
discharged.
Anne M'Ardle and Betty M'Ilvean, for an assault on George
Martin and Robert Macann, and also for a rescue. M'Ardle
guilty of assault to be imprisoned 6 weeks from her committal.
Betty M'Ilvean not guilty.
~~~~~~~~~~~~~~~
GOSFORD v ROBB
The Earl of Gosford against Robb.
This was an ejectment on the title. It was set forth that the
lease made to defendant was illegal, inasmuch as it was signed
by Lord Gosford's agent without authority--a delegated authority,
by power of attorney, being always necessary in such matters.
Messrs. TOMB, JOY, and O'HAGAN for defendant.
On the part of defendant Mr. TOMB argued that his right had
not been questioned until on a certain occasion he incurred the
displeasure of Lord Gosford, when the ejectment was brought.
Defendant had been allowed to register himself as a voter, and
exercise all his right as a leaseholder in every respect, until the
period alluded to, when that right was questioned. At the
Newry Quarter Sessions the case had been tried, and it was
argued in the Courts above, and defendant's right maintained ;
and Mr. Tomb now left it to the decision of the jury.
In reply it was stated that Robb had occupied, although five
years' rent in arrear, and after such indulgence, he could not be
continued as a tenant: that if the arrear of rent had not been
on the holding, the title of Robb might not now have been
questioned.
His Lordship addressed the jury, passing high encomiums on
Lord Gosford, one of the most humane and indulgent landlords.
He directed their particular attention to the law, which gave
Mr. Blacker no authority to sign the lease without a legal
power from Lord Gosford, and left the jury no difficulty in
deciding the matter.
The jury found for the plaintiff--6d. damages, and costs.
Solicitor for plaintiff, Mr. BARKER; for defendant, Mr.
MAGEE.
This was the only matter of interest in this court. The
business terminated on Friday evening.
~~~~~~~~~~~~~~~
BERWICKSHIRE & SIBERIAN OATS.
FOR SALE,
AT Roxborough, near Moy [Co Tyrone], a Quantity of
Berwickshire Potato OATS ; also, some Siberian OATS,
the Seed of which was imported by Mr. ALGEO, and has
been found well adapted to this climate, and very productive.
Price 1s. 3d. per Stone.
Apply to Mr. WILLIAM CLARKE, Roxborough, Moy.
Moy, 18th February, 1845.
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GRAND JURY ADDRESS
About one o'clock this day (Thursday) their Lordships, Hon. Justice
CRAMPTON and Judge TORRENS arrived in town, escorted by
the High Sheriff and a splendid retinue, the object of general
admiration ; and about three quarters of an hour afterwards
proceeded to the Court.
Hon. Justice CRAMPTON having entered the Crown Court,
proclamation was made, the Royal Commission read by Mr.
DOBBIN, Clerk of the Crown, and the Grand Jury re-sworn;
when his Lordship delivered the following charge:--
Mr. Foreman, and Gentlemen of the Grand Jury,--There is
nothing on the calendar, on the present occasion, which seems
to call for any observation from the Court, especially to you,
gentlemen, many of whom are well acquainted with your duties,
which will not be very onerous. The number of cases on the
calendar is considerable; but with the exception of a very few
cases, they are not of a serious nature, the greater number
consisting of what is called petty larcenies.
There is one subject,
gentlemen, on which I cannot avoiding congratulating you.
When attending your county on a former occasion, I had reason
to complain of the state of your jail, as well as every one who
was in any way acquainted with it; not of the officers, or those
who had the superintendence of it, for I believe they were highly
qualified to discharge their duties; but the jail itself was in a
lamentable state, it being utterly impossible to procure
accommodation for the safety--the moral safety--of those persons
deposited in it for trial, or those undergoing their punishment.
I am, however, happy to understand that, since then, you have
granted a presentment amounting to five thousand pounds for
its improvement; and I trust that all consequent measures for
the purpose of carrying that presentment into effect, will be
adopted, and followed up with spirit, for I know of nothing in
which the gentlemen of a county should feel a greater interest,
than having a proper jail for the accommodation of prisoners.
In this matter there has been a vast improvement in modern
times, and the system of jail management adopted in England,
and followed up in this country, has had the effect of making
jails rather a school for teaching morality and religion, than as
formerly, a school for demoralising the habits, and teaching
vice. I have nothing else to trouble you with. I will give any
immediate attention to your presentments, which I believe are
all ready.
Mr. NAPIER, Q.C., applied to the court to direct an applot-
ment of county cess under the following circumstances. the
Treasurer's warrant was to levy the cess in that part of the
parish of Newry which lies within the county of Armagh. The
entire amount of the sum applotted had been paid by six town-
lands--in four other townlands was a portion unlevied on
account of the houses and tenements being untenanted. The
application was to have the opinion of the Judge, whether the
uncollected amount should be levied off the entire parish, or
from part of it only.
The court directed the levy to be made off the portion of the
parish in the original warrant of the Treasurer.
~~~~~~~~~~~~~~~
POSSESSION OF BASE COIN
Joseph Loughran, was indicted for having 17 pieces of base coin in his
possession on the 16th of July, last, at Armagh, with intent to
utter the same; also for uttering a counterfeit shilling to Leslie
Mills, at Armagh.
Leslie Mills deposed, that he and the prisoner lived within a
mile of Ballibay, and that on the 16th of July, being in Armagh
together, Loughran put a parcel in his pocket, and having
pinned it, told him to give it to his wife. The police came to
witness shortly after, and searched him; and found that the
parcel put into his pocket, by the prisoner, contained a number
of base shillings. Having explained how he became possessed
of the money, the prisoner was arrested.
Head-Constable Lodge examined by Sir THOMAS STAPLES.--
Knows Joseph Loughran; saw him on the 16th July in Armagh,
about 10 o'clock in the morning; saw him on three occasions
that day ; prisoner said there was an acquaintance of his in Bally-
bay, who had a quantity of base coin, and that he would be in
Armagh during the day, and would have the bad money in his
possession; requested witness to send a couple of men to appre-
hend Mills; witness refused repeatedly, but subsequently sent
the police in consequence of a conversation with Mr. Singleton,
resident magistrate; searched Mills and found base coin in his
waistcoast pocket; the pocket was securely pinned; (here
witness produced seventeen shillings, and two 6d. pieces, all
counterfeit;) Mills was arrested in Irish-street, in company with
prisoner, by sub-constable Mooney.
Charles Mooney, examined--Was stationed in Armagh, in
July last; saw prisoner on the 16th of that month, about 10
o'clock in the morning, in company with Mills; arrested Mills
in Irish-street; Loughran gave him a signal; found money as
described by last witness; found a file also on his person; Mills
as soon he had been arrested pointed to prisoner, and shouted
that the man was away who give him the money.
Cross-examined by Mr. MOORE--Gave no spirits to prisoner
during the day; went to gaol to see him, but had no particular
conversation with him.
Sub-Inspector Kelly corroborated the evidence of Lodge and
Mooney.
The coins having been produced, Mr. Hazleton, watchmaker,
deposed that they were base.
Mr. MOORE, who appeared for the prisoner, submitted, that
the count charging the prisoner with "uttering" could not be
sustained, as it appeared from the evidence of Mills that the
coin was given to him for the purpose of giving it to prisoner's
wife.
Judge CRAMPTON was also of opinion that it could not be
sustained by the section of the statute, which required that the
party should "tender, utter, or put off,"--that was, putting it
into circulation.
Mr. HANNA, Q.C., said, the Crown did not go upon the
words, "tender," or "utter," but upon the words, "put off;"
and thought that there was a putting off of the coin.
Mr. MOORE then addressed the Jury, at some length, for the
defence; and argued, that, as Mills stood in the light of an
approver, before the Jury could act on his evidence, it should be
corroborated.
His LORDSHIP summed up the evidence, and told the Jury
that the second charge in the indictment had not been sustained.
The Jury retired for a few minutes, and on their return into
Court, handed in a verdict of guilty ; to be imprisoned for twelve
months, and kept to hard labour.
Patrick M'Cabe and James Murphy, were also indicted for passing base and
counterfeit coin.
In this case several witnesses were examined, from whose
evidence it appeared, that the prisoners were of a party who were
on their way to America. Having stopped in Camlough for
refreshment, M'Cabe went into a Mr. Doyle's in the village, to
purchase bread, giving a bad shilling as payment, which the
shop-boy refused to accept. From this shop M'Cabe went to
join the rest of the company who had gone into the house of a
man named Sheean, to prepare the breakfast; and when they
were about to leave, M'Cabe tendered Sheean a bad 6d, to pay
himself for the trouble they had given him, who immediately on
detecting the counterfeit handed it to a policeman. Subsequently
the prisoners were searched, and six 2s 6d pieces and 1s good
money were found on M'Cabe. On Murphy was found 2s 6d
good money also, and no base coin on either. The cart was then
searched, and while taking down trunks, there was found a
purse, containing two others, in one of which were 50 one
shilling pieces, 12 six-penny pieces, and one half-crown; in the
other, three £1 notes, 1s, and 2d coppers. The whole party
were brought before Mr. Singleton at Newry, who discharged
all but the two prisoners. Murphy acknowledged the purses to
be his.
Several witnesses gave the prisoners an excellent character.
His Lordship summed up the evidence, and addressed the jury
for a considerable time, who after a pretty long deliberation
gave in their verdict,--Guilty. James Murphy, 3 months'
imprisonment and hard labour. Patrick M'Cabe, 4 months'
imprisonment and hard labour.
~~~~~~~~~~~~~~~
CORRUPT PERJURY
David Callan, for wilful and corrupt perjury at Lurganboy,
near Tandragee, on 13th April last.
Richard Trotter examined by Mr. MYLER, Q.C.--Is a
commissioner for taking affidavits; knows prisoner at the bar;
prisoner came to him in Spring of last year, and swore to the
affidavit handed to him, on the date mentioned therein; read the
affidavit to him, and he acknowledged its contents to be true.
Cross-examined by Mr. MOORE.--The prisoner was brought
to him by Wilson; could not swear positively to his identity,
but believed him to be the same individual who swore to the
affidavit; saw him before.
George Lockhart examined by Mr. MYLER, Q.C.--Lives at
Lurganboy; holds a farm there; remembers the day in
question ; was not served with a law paper of any kind that day ;
never saw prisoner till now.
Wm. Lockhart corroborated preceding witness.
FOR THE DEFENCE.
Mr. MOORE argued that, to find the prisoner guilty it was
necessary not only to prove that he swore falsely, but that he
did so wilfully and corruptly. The fact was that prisoner had
served the party with the ejectment, believing it to be done
righly [sic], and therefore he (Mr. M.) contended that though the
prisoner might have sworn falsely, the jury could not charge
him with wilfully doing what was corrupt.
His Lordship briefly charged the jury, who returned a
verdict of not guilty.
~~~~~~~~~~~~~~~
MUNIFICENCE OF THE HIGH SHERIFF
The Hon. Justice CRAMPTON and Judge TORRENS, left this
city on yesterday for Downpatrick. They were escorted by
the High Sheriff and mounted police.
The High Sheriff,
T.M. JONES, Esq., ordered Sergeant M'CARROLL, and the
other police who escorted the Judges into Armagh on Thursday
last, a dinner at the Tontine, on the evening of that day ; and at
the termination of the assizes, he also ordered a dinner to be
provided in same place for Mr. Robert O'NEILL, and the halbert-
men, who formed part of the Judges' escort. Both dinners
were excellent, and furnished in Mr. MATCHETT's usual good
style.
~~~~~~~~~~~~~~~
MARRIAGES
On the 24th ult., by the Rev. Robert Shields, Mr. David
Shields, Killycairn, to Mary Anne, daughter of Mr. William
Barber, Tyronesditches.
On Thursday the 27th ult., in Charlemont Church, by the
Rev. James Disney, Isabella, daughter of Robert Corrigan,
of Moss-spring, Charlemont, Esq., to George Wilford.
~~~~~~~~~~~~~~~
TO THE EDITOR
Leslie Hill, March 1, 1845.
DEAR SIR.--In justice to the Stewards of the Middletown
races, I think it right to state that they have the undivided
honor due to their exertions and skill on that occasion. I never
was a Steward to a race, and possess not that knowledge which
is necessary for so high a vocation. I approve of racing, for it
is to that England owes the finest cavalry in the world. I will
be obliged for your insertion of this note.
I remain, with great respect, faithfully yours,
DAVID LESLIE.
~~~~~~~~~~~~~~~
EDEN COTTAGE
TO BE SOLD BY AUCTION,
On Wednesday, the 5th of March next, by order of the Repre-
sentatives of Francis White, Esq., deceased, at his late Resi-
dence, EDEN COTTAGE, near Loughgall,
A VARIETY OF FARMING IMPLEMENTS, including
Ploughs, Harrows, Carts and Harness, Winnowing
Machine;
TWO FARM HORSES,
TWO IN-CALF COWS,
FOUR SPRINGING HEIFERS,
TWO 2 YEAR OLD Do.,
HAY AND STRAW;
A Quantity of House Furniture, Lumber, &c., &c.
Sale to commence at Eleven o'Clock. Terms--Cash.
Purchasers to pay the Duty.
J. T. ANDREWS, Auctioneer.
Eden Cottage, 25th Feb., 1845.
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