The information of Henry Bunbury esq. Of Bunbury Lodge one of His
Majesty's Justices of the Peace for said county taken before Hardy
Eustace esq. another of His Majesty's Justices of the Peace for said
County Carlow.
Who being duly sworn on the Holy Evangelists and examined saith that
about four o'clock in the afternoon of Friday the 13th of November inst.
as this Deponent was walking down Tullow St in the town of Carlow he saw
a mob or crowd assembled a ring formed at a standing or standings of
fruit and other things usually there upset and tossed about the centre
of said Market Cross... upon Deponent applied to Mr James Smyth,
saddler, who stood on the steps at his own door adjoining said Market
Cross to know the cause of said mob being so assembled and who informed
this deponent that it was occasioned by one Mathew Byrne, a fellow of
very bad character and ill behaviour, who lived in a neighbouring cellar
and who had been beating his wife and otherwise violently outrageous in
the street was continually doing so, even within a day or two of her
lying in, raising rids in the street and a nuisance to the
neighbourhood, and observed it would be a very proper act or words to
that effect in a Magistrate to interfere and prevent further riot and
mischief upon which this Deponent conceiving himself in some degree
called upon and his undoubted Duty as a Magistrate to interfere and
suppress such outrageous and violent conduct at the publick Market Cross
in the county town this Deponent requested said Mr James Smith to point
out said Mathew Byrne to this Deponent which being complied with this
Deponent went up to said Matthew Byrne who was standing in the centre of
a ring formed by the crowd or mob and this Deponent having as a
Magistrate commanded said Mathew Byrne to go home about his business and
desist from such outrageous and violent conduct said Mathew Byrne
positively refused to comply there with and used some very impertinent
and abusive language to this Deponent upon which Deponent finding
himself so disobeyed and insulted in the execution of his duty as a
Magistrate endeavoured by force to take said Byrne to stocks which said
Byrne violently resisted struck at this Deponent and seized or collared
the Deponent with such rage and violence that had it not been for a silk
handkerchief which Deponent had then fortunately about his neck and
which yielded Deponent verily believes said Matthew Byrne would have
strangled or choked this Deponent as he tore this Deponents shirt and
great coat in several places and the Deponent made every effort to
extricate himself there from and got said Matthew Byrne down yet he
would not let his grip go until said Mr James Smyth and Sgt. Dobbs of
the Carlow Militia with some others came up to this Deponents assistance
and with extreme difficulty unloosed said Mr Byrne's hold by Deponents
collar when said Matthew Byrne kicked at and endeavoured otherwise again
to assault this Deponent until said Mr Jas. Smyth and Sgt. Dobbs carried
by force said Matthew Byrne who made every resistance in his power and
left him said Matthew Byrne in his cellar shortly after which this
Deponent applyd to Col. Phare of the Wexford Militia to get a guard and
apprehended said Matthew Byrne and lodged him in a goal who resisted
struggled and in various ways particularly by striking two officers of
said Regiment by seizing one private's bayonet and assaulting several of
them and attempting to draw one officers sword resisting and opposing
said military guard until with much difficulty and great exertion after
much struggle and time said Matthew Byrne was by dint of force lodged in
Carlow goaol and further saith not ____ Hen Bunbury
Sworn before me this 14th day of November 1807
H. Eustace