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From: Alison Causton <>
Subject: [ARMAGH] Armagh Guardian: County Armagh Assizes - Mar 1845 - Part 7
Date: Mon, 13 May 2002 07:49:11 -0400


Armagh Guardian: County Armagh Assizes - Mar 1845 - Part 7
=====
The following article was transcribed from The Armagh Guardian (4 Mar
1845; microfilm), by permission of The British Library.
=====

NOTE: This article is very long and shall be published in several
parts. Part 7 first outlines the petty jury struck for the day, then
continues with a list of persons tried in the Court on Saturday of the
quarterly assizes, together with the charges and subsequent discharges
or penalties.
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COUNTY ARMAGH ASSIZES.
---------------------
...
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.

MANSLAUGHTER.
John M'Keown was indicted for the manslaughter of Robert
Murphy, on the 1st November, 1844.
From the evidence produced in this case it appeared that
the deceased, his brother, and some others had been at the fair
of Moy on the 1st November last, and were on their way home,
when they were overtaken by Terence, Peter, and John
M'Keown, the prisoner at the bar. Both parties did not
proceed far when deceased made use of some provoking expressions.
A combat ensued between prisoner and deceased; they were
separated, and met to fight a second time, when the fatal blow
was given. In the testimony to character, it was sworn that
deceased was a fighting man--a bruiser, while prisoner was
looked upon as the very reverse. He was found guilty, and
sentenced to six months' imprisonment, and hard labour.

POSTING THREATENING NOTICE.
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.
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.
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.
This case terminated the Crown business, and the court rose.
...
[.../continued under Part 8]
=====

This reprint is intended SOLELY for the non-commercial use of family
historians, with the sincere hope that a Lister may find the content
useful. I am not descended from the person(s) mentioned herein.
**Please refer any questions arising from this article to the general
readership of the NIR-ARMAGH mailing list.**

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