IRELAND-OLD-NEWS-L Archives

Archiver > IRELAND-OLD-NEWS > 2003-07 > 1058309148


From: "Cathy Joynt Labath" <>
Subject: [IRELAND-OLD-NEWS] !! Ballina Chronicle; July 4, 1849 "Madden vs Barret"
Date: Tue, 15 Jul 2003 17:45:48 -0500


BALLINA CHRONICLE
Ballina, Mayo, Ireland
Wednesday, July 4, 1849

BALLINA QUARTER SESSIONS- Friday
FELONY
The Queen at the prosecution of Daniel Madden v. John Barret.
In this case Barret was indicted for having feloniously taken between £5
and £6 from the house of Mr. Daniel Madden, of Ballycastle.
Margaret Madden, a child about thirteen years old and of very great
intelligence, being sworn stated that before Christmas last she gave the 2s. to
Barret, a National School teacher, at Miss Johnston's school where he attended;
he said he wanted it to purchase some books and that he would give witness her
choice of them; she afterwards gave him one pound note; she got it in a box
where there were £40 her mother had for insurance as she learned from her
sisters; this box was locked, and the room it was in was also locked; she got
the keys off a bunch; told Barret where she got the money; he induced her to
take £2 out of the box after this, then £3 and again £5, and subsequently £1;
all tis she gave to Barret at miss Johnston's School where he was instructing
her in writing figures and spelling; she also gave him two silk handkerchiefs,
he induced her to do all this by saying he would not beat her or tell her mamma
of her whenever she had not her lessons. After Christmas Barret came to her
father's house to instruct her; about this time he asked her if she heard if the
money was missed and she told him it was not; he then asked her if she would get
him some money out of the shop; she told him she would try, and as she and her
sisters were in the habit of attending in the shop when ever she received any
silver she only put part of it into her mother's pocket and kept the rest;
Barret thinking this too slow a way told her to take money out of her mother's
pocket under the pretence of putting some into it; the pocket was sewn to her
mother's dress and it was into this whatever money was received was put;
whenever she got any money in this way she went up stairs and locked it in a
press; on the Wednesday before the prisoner was arrested she gave him, in her
father's house, and her father's money, about £5 15s. in sliver; this she
collected principally while Barret was three days in Ballina at an inspection;
witness told the prisoner she was afraid the money that was taken out of the box
would be missed; he said that if it was missed it would be left on the shop boy;
the first intimation her mamma had of what was going on was by an anonymous
letter; her sisters then spoke to her about it, when she confessed all she could
remember except what money she gave Barret at Miss Johnston's school before
Christmas. The day the prisoner was arrested she gave him four shillings which
were marked by the police sergeant; she was told to give the money to him as
usual; it was on the Wednesday week (the 12th April last) before he was arrested
that she gave him the £5.
This witness's evidence could not be shaken on the cross-examination.
Constable O'Connor- On the 20th of April last marked two shillings; these,
with two others to prevent suspicion, the child was desired to give to Barret;
the child had made some disclosures before this; witness was sent for by Mrs.
Madden about 6 o'clock on the evening of the day on which he marked them; Barret
was in the parlour at the table; asked Mrs. Madden if she charged Barret with
having money feloniously on his person; arrested him then and cautioned him not
to say anything that may incriminate himself; found on his person two half
crowns, and four shillings, two of which were marked; after searching him the
child came in and began to enumerate several sums she gave him; Barret hesitated
at first, then said the truth was best to be told; he said he did get money, and
bought a pony for £6 of it; and for Mrs. Madden to send for the pony and it was
here; Mrs. Madden said she did not want the pony and that it was dear at £6.
Mrs. Madden examined- Missed £12 out of the chest where she had £40 for her
life insurance, but not until her child acknowledged having taken it; on the
market day before Barret was arrested she had got a ton of meal nearly all of
which she sold, and also sold a good deal of other articles, so that she
considered she had a good market; her daughter in the evening said they had a
good market, but when she (witness) counted what money was received, she had
only £6 which made her very uneasy, as she could not tell what became of the
rest, for she knew she should have received more money; after this she got an
anonymous letter and sent for the police sergeant; witness was in the habit of
putting whatever money was received in the shop into a pocket in her dress, as
she had detected some persons stretching over the counter and putting their
hands into the till; her daughters assisted her in the shop and received money
from customers.
Cross-examined by Mr. R.P. Bourke- Did not prosecute Barret when he was
first arrested because she did not like to expose him and he gave her the pony
and an I.O.U.; Barret afterwards processed her for the pony and £1. When Mr.
Madden came home and learned of the transactions he ordered Barret to be
prosecuted.
James Martin examined-Attends in Mr. Madden's shop; was present when the
constable marked two shillings; he went into a closet adjoining the school room
to hear the conversation between Miss Madden and Barret; heard Miss Madden ask
Barret was it five or six pounds she gave him last; Barret said it was five.
All the witnesses for the prosecution were cross-examined but nothing was
elicited to invalidate the direct testimony.
Owen Tighe was then examined for the defence; he gave his evidence in
Irish-He and Mrs. Madden had a conversation about Barret; Mrs. Madden told him
if he would prove anything against Barret about the money she would give him a
cwt. of meal.
Mrs. Madden was here again brought forward and swore she had no
conversation with the last witness on the subject of the money, but that he
(Tighe) came into the shop and began to curse Barret for causing him to be
deprived of the out door relief.
John Fausett, Esq., J.P., was examined as to character, and stated that he,
until the present, heard nothing prejudicial to the prisoner's character.
The Assistant Barrister in charging the jury summed up the evidence in a
most lucid manner, and the jury after a short deliberation returned a verdict of
guilty.
His worship then addressed the prisoner, dwelling for a considerable length
upon the enormity of his crime in making use of his influence over an
intelligent pupil whose moral training was equally incumbent upon him for the
basest and most degrading purposes, and sentenced him to seven years'
transportation.

Cathy Joynt Labath
Ireland Newspaper Abstracts
http://www.newspaperabstracts.com/Ireland/index.html


This thread: