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From: "Cathy Joynt Labath" <>
Subject: [News] !! Connaught Journal; March 5, 1840
Date: Sat, 16 Jun 2001 19:17:48 -0500


Connaught Journal
Printed and Published in Lower Cross-street by Barthw. O'FLAHERTY
Galway, Ireland
Thursday, March 5, 1840
Volume 89 Price 5D

LIMERICK ASSIZES-City Court, Monday
This morning at eleven o'clock the commission was opened by Justice PERRIN,
accompanied by the Right Worshipful Richard FRANKLIN, Mayor, in his official
robes, whose carriage and retinue had preceded those of his lordship. The
precept having been read by the Clerk of the Peace, the Grand Jury were
re-sworn for Crown business. Alderman WATSON did not appear when called, but
Sheriff HUNT informed the Court his absence was occasioned by a severe
domestic calamity.
Judge PERRIN then addressed the Grand Jury. He said Mr. Foreman and
gentlemen of the Grand Jury, it affords me much pleasure to offer you my
congratulation on the orderly and tranquil state of your extensive City and
Liberties. It is, indeed, highly creditable to the Magistracy, and a source
of great satisfaction to the inhabitants. There are only ten persons in
custody for trial, and, I understand, about the same number out on bail. As
soon, therefore, as you dispose of your presentment, you will proceed to
consider the bills of indictment that shall go before you. I am not aware of
any case that requires particular observation from me. Your own experience,
as grand jurors, must convince you of the necessity that exists for fully
investigating all cases that go before you, taking care that prima facie
evidence given is sufficient to warrant you in sending the parties to trial;
at the same time being cautious to let no one pass unpunished were you are
satisfied guilt exists. This, gentlemen, is all I think necessary to say to
you, and when you are ready I will take your presentments.
The grand jury then handed in the presentments, several of which,
particularly for the repairs of public roads, were traversed by Mr. GLOSTER,
the contractors not having complied with their agreement in that respect.
Some discussion took place on the subject, of little improtance, and the
parties called forward to show why the roads were not always kept in as good
order as they generally are for two or three weeks previous to the Assizes,
answered that they had fulfilled their contracts punctually. The Road
Surveyor was directed to look carefully after such places in future.
His Lordship continued f***ting the presentments for about an hour,and
informed the grand jury he would not dispose of the remainder until
Wednesday morning.
The Record panel was then called over by directions of the Court, but
considerable difficulty arose to get the parties in any of the Records
entered ready to go on with their case. An hour and a-half elapsed before
his Lordship proceeded to business, being obliged to wait until bills of
Indictment were sent down from the Grand Jury, and ultimately the Court sent
into Crown business, for which purpose the long panel was called over,and a
jury sworn.

Thomas RYAN and Michael HICKEY were indicted for stealing two pigs, the
property of Wm. GLEESON, on the 21st inst.

William GLEESON sworn-Lives at Red-Lion lane in this city; had two pigs
which he missed on the 12th inst; had them at nine o'clock that morning,
when they went out, and did not see them until next day at the Police
office; they were dead when he found them; knew them by their feet.

Mary GLEESON sworn- I knew the pigs and swear what I saw at the Police
office were my husband's; I knew them by the bristles on their legs and
heads, though they were scalled.

To a Juror-Had no private mark, but one of them was a curly pig, and the
other a smooth one.

Denis BOLAND sworn-Lives at the King's Island; knows the prisoners and the
first prosecutor; saw the prisoners driving two pigs into their house on the
day it is alleged that William GLEESON's were stolen; could not say they
were GLEESON's.

Seargeant REIDY sworn- Arrested the prisoners on the 13th, with the pigs on
a car; knew prisoners previous to this transaction; HICKEY is partly a
stranger to witness; RYAN lives at the King's Island; asked them where he
got the pigs, and they said they bought them; GLEESON identified two of the
pigs out of the three as his property.

Judge PERRIN said it might be a very suspicious case, but it rested with
the Jury to satisfy their conscience as to the identy of dead pigs before
finding prisoners guilty.

Mr. BENNETT, Q.C. said he had a second charge against the prisoners, which
could be better sustained, and would try them for it in the absence of the
Jury.

A second jury was accordingly sworn, and the prisoners were indicted for
stealing two pigs, the property of James O'SHEA, of Boherbuoy.

James O'SHEA examined-I lost two pigs on the 5th of February and I saw one
of them on the 13th in the possession of Serjeant REIDY; the pig was then
when I saw it, and knew it by the hair on its back.

Witness's brother then corroborated his testimony as to the identity of the
pig.

Serjeant REIDY examined.- Searched the house of RYAN, and found two pigs in
salt, and two alive; O'SHEA identified one of the live pigs as belonging to
him.

Cross-examined by Mr. BOXSE-The prisoners were in custody at the time I
searched the house of RYAN.

Witness found seven pigs in all, three on the car and four in the house,
besides a quantity of lard.

No witnesses were examined for the defence, and Justice PERRIN having summed
up the evidence, the Jury at once returned a verdict of Guilty.

Thomas HOONAHAN was indicted for violating the person of Catherine
FITZGERALD, at Lickadoon.
Catherine FITZGERALD sworn, and examined by Mr. BENNETT- Is not married;
was acquainted with him a year and a half; met him at High-street, in the
city, between two and three o'clock, on the 4th of July; he asked her to
take a glass of punch; said she would not but afterwards went with him, and
drank a glass of punch, and a glass of ale; went out after they drank it and
prisoner asked would he see her in the evening, and she replied she did not
know him; met him about nine o'clock same evening when returning home, at
hte Cross of William-street; he caught her by the cloak and dragged her into
a public house to take a glass of ale; after drinking the ale both left the
public house, and when they came into the street, witness asked prisoner to
go home, as they both lived in the same direction; he said "no, Ill stay in
town to-night, and let you stay along with me"; witness said she would not,
and asked him again to go home; he consented,and once reaching a borheen he
dragged her over a wall into a field, and there had his will of her; after
he had done so he said "now, Catherine" giving her his two hands and word,
"you have my life in your power, but that's not the case, and if you say
nothing about it, I'll marry you to-morrow or after"; witness went home
crying.

Cross examined by Mr. FREEMAN- This occured on a Thursday evening, but
didn't tell my mother about it until Saturday; I don't know the name of the
publican that owns the house where we warmed ourselves for the road; the
magistrates postponed the hearing of the case twice, as Captain KANE was a
friend of prisoners; the gap where she was ill-used is about 60 yards from
where her cousin lived, on the Roxboro road; prisoner was her bachelor for a
year three-quarters-and he was the sore bachelor to destroy her character;
knew when he first asked her to stop in town, that he had a bad purpose in
it, and although she did she wasn't afraid to go home with him; carried the
dinner to the men at work at her father's bog, on the Saturday after she was
ill-used; the prisoner's dinner was among the rest.

Mr. FREEMAN addressed the jury, stating that under all the circumstances of
the case, it was evident no resistance had been offered, (supposing the
crime to have been committed) by the prosecutrix, who admitted to have been
"the bachelor" of the prisoner.
Justice PERRIN charged the jury in favour of the prisoner, whom they
acquitted.



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