Clonmel Assizes March 1829, Tipperary, Ireland Ireland Genealogy Projects Archives Tipperary Index Copyright Contributed by Richard Callanan THE CLONMEL ASSIZES IN MARCH 1829 *Use your Browsers Find function eg. Ctrl-F to find names This may not help in searching your family tree - it may even lead to despair at the frequent recurrence of names, etc., [No comfort here for anyone researching Ryans!] This is partly a transcription in " quotation marks " and a summary - without quotation marks - of the Criminal Assizes in Clonmel in March 1829. It is taken from the Clonmel Herald - a Protestant and pro-Unionist paper. The assizes at Clonmel in March that year were held for eight days and cover cases from all over County Tipperary. The assizes tried more serious cases than the Petit Sessions and were held eight times a year, twice each in Nenagh, Thurles, Clonmel and Cashel. They were presided over by a Judge (Judge Jebb in this case) and a Grand Jury - established landlords and notables in the county. The newspaper is in the British Library Newspaper Collection in Collindale in north west London. You can see the newspaper catalogue on-line at: http://www.bl.uk/collections/newspapers.html Many of the prisoners were sentenced to be transported to Australia and many others had death sentences later commuted to transportation. These Assizes were held from Monday 23rd to Tuesday 31st of March 1829. The reports are from several issues of the Clonmel Herald dating from March 25th to April 1st. Monday First Day. "The Hon Judge Jebb attended by the sheriff, his Javelin-men and a party of the Police arrived in the town a little before three o'clock last Monday evening" Monday was spent arraigning prisoners. Tuesday - Second Day Julia Carthy, stealing several articles of wearing apparel - imprisoned for 12 months with hard labour. Those recently accused of riotous assemblage at Clogheen were discharged without trial. Stephen Williams indicted for shooting at Edward Mulvael and Honora Kennedy at Cloghjordan on September 7th. (Long account of the evidence) Found guilty on both counts but recommended mercy. (Part of the evidence was that Williams was "light-headed") Mary Power, stealing a banknote the property of Mary Brennan of Carrick-on-Suir. Found guilty - six months imprisonment and hard labour. John Mansfield pleaded guilty to stealing banknotes and several pieces of gold and silver coins from John Duggan of Clonmel. Margaret Flaherty - stealing three cows the property of Connor Maher at Dromard. Cows had been found in the possession of Thomas Dolan, a publican in Banaher. Sentenced to death. John Casey - stealing a mare the property of Patrick Condon on the 9th of February at Caher. Mare had been left in the care of Redmond Burke, a publican. Guilty - sentence of death recorded. Catherine Foley, pleaded guilty to stealing a blanket. Three months imprisonment with hard labour. Mary Hennessy pleaded guilty to stealing several articles of wearing apparel. She had been twice before in Gaol for house robbery. Sentenced to 7 years transportation. "On being sentenced she exclaimed, "Long Life to you my Lord, that's all I want." John Meney for stealing two sheep, property of William [not legible- ? Gill]. Evidence from the Earl of Kingston as to the prisoner's bad character. - guilty - Seven years transportation. Judith Daly for stealing three swine, the property of Edward Byrne. - guilty to be transported for 7 years. Margaret Kenny indicted for stealing a cloak, property of Catherine Kiely - guilty. Margaret Noonan stealing a loaf of sugar, property of Arthur Hennessy - Guilty, 12 months imprisonment and hard labour. Bridget Davern, stealing a blanket - the property of Thomas Murray. Sentenced to 12 months imprisonment with hard labour. James Butler for stealing a cow, property of David Rockett - acquitted. Thomas Neal and Stephen Morrissey for stealing wool, property of Michael Connell. "This persecutor had eighteen sheep stripped of their wool on the night of the 10th instant." - guilty - transportation for 7 years. "Anne Usher was presented as a vagrant - it was proved she had no settled place of abode and refused to work when it was offered to her. Presentment found - Sentenced to find bail in 5 within six months - and if such security should not be found to be transported". Wednesday - Third Day Patrick Gleeson was indicted for the murder of Pierce Grace on the 5th of April 1829 at Lissenhall. Elizabeth Grace, the victim's sister, gives evidence that the accused and William Kennedy knocked her brother down. "Witness went to the assistance of her brother and caught hold of Gleeson; Kennedy desired him kick the b___h, upon which Gleeson gave her a kick and knocked her down; Kennedy then knocked the deceased down with a blow of a stone and while down Gleeson struck him with a two handed wattle; witness had no acquaintance with Gleeson; after being struck witness's brother had a large cut on his temple; he was in good health previously". Deceased's brothers John and Thomas Grace also gave evidence. John Quigley, Henry Gleeson and Andrew Ryan gave evidence for the defence. The deceased had gone to John Quigley's house after being attacked. Andrew Ryan and Michael Ryan had been in a public house in Silver Street, Nenagh "where they drank some spirits". Betty Hogan and Honora Murphy also give evidence. Jury deliberated for a few minutes and returned with a verdict of guilty of murder. [Sentence not recorded in the newspaper]. "Michael Harohill was indicted for assaulting Michael Flanagan and robbing him of some banknotes and several pieces of money" at Graigue on 13th December, amounting to £8. 10s in notes, £9 in half notes and half a crown. The prisoner had left some of the half notes with Thomas Maher of Thurles. Constable Prior gave evidence of finding notes on prisoner's sister Bridget Harohill. Doctor Fitzgerald gave evidence that the prisoner had confessed he had committed the crime "with persons of the name of Murphy" and also robbed the house of Long in the neighbourhood of Thurles. Guilty. In consequence of his confession Judge said his sentence would be commuted to transportation for life. Matthew Harohill [see previous case] charged with robbing Edmund Long of Graigue of a ten pound bank note on December 15th. Michael Long son of Edward [sic] Long [note interchangeable Edward and Edmund - I bet he was known simply as Ned] gave evidence: "persons came to his father's house the night laid in the indictment; witness was struck with a stone and tumbled into the ashes-corner; the persons lifted the latch and came in; saw his father receive a blow of a stone; witness was beaten by three of the party from his head to his feet; they applied to his mother for money, but she denied there was any. One of the party had a bayonet; knew the prisoner for some time; the prisoner was one of the party and knew him well; prisoner asked his sister about the money which she said was sent to Mr. Maher of Thurles; then they took up some of the fire and putting it to his sister's face burned her; after this they were going to burn his mother's face but was prevented by one of the party; they again turned on witness and beat him - on seeing him in danger his mother cried out to spare her son and she would give up what she had; one of the party then lighted a candle and brought his mother towards the dresser where witness was kept by the prisoner; that prisoner said to witness "Jemmy, stoop your head and don't be looking about or you will suffer"; witness's mother then went into the room to get the money, but delaying to do so, one of them put a bayonet to her throat, when she cried out to his sister to give the money and not let them be murdered; that his sister went up the ladder to the loft and while in the act op opening her box one of them knocked her down, and took out the £10 note and the silver". Thomas Long a little boy about six or seven was not sworn "as he did not know the nature of an oath" Catherine Long could not "positively swear to the identity of the prisoner though one of the persons was very like him". " Stephen Walshe, Michael and Catherine Griffen were produced to establish and alibi but failed." Guilty - transportation for life. The trial of John Maher for stealing fire-arms was postponed to next assizes. Thomas Toohy charged with assaulting and robbing Constable James Dowd of his pistol, sword, pouch-box and ammunition. Dowd gave evidence that he was returning from Nenagh and was assailed by four men including the prisoner. Three of them were armed and the prisoner had a blunderbuss. "The arms of which he [Dowd] was robbed belonged to the King". Denis Shea, James Butler, a country teacher, and Philip Ryan, failed to establish an alibi. The schoolmaster said he was with him in his (witness's) house to get a love song written out - the song began with "The phoenix of the green little isle". The Jury after a short consultation found him guilty." Sentence to be given at the end of the assizes "in order to make enquiries if he were an object of mercy or to be left for execution." Michael Madden and Charles Flanagan were indicted for assaulting John Kane of Peterfield. John Kane gave evidence that 18 - 20 persons came to his house and robbed him of his pistols and bayonet and wattle. They were not in disguise. He called on his wife and brother-in-law Patrick Kennah. Kennah recognized a man named Ryan among the party. Constable Sweeney had asked Flanagan for what he had been taken. Flanagan supposed it was for Kane's or Kennagh's business. An attempt to establish an alibi by James Cash, John Guinan and Pat. Flanagan. Mr. O'Brien Dillon did not know Flanagan but knew his family who were very honest people. Mr. George Lee gave Flanagan an excellent character. Verdict - guilty but recommended mercy on the grounds that no violence was used. His Lordship hoped their lives would be spared and they would be transported for life. Christopher Barrett was acquitted of taking forcible possession. "Catherine Devereux was found guilty of stealing some blue cloth in Tipperary the property of Mr. Cotter, shopkeeper." Witnesses Toby Butler, a brogue-maker [shoe maker], John Andrews, shop attendant at Mr Cotter's. Roger Mara indicted for robbing James Curly of banknotes, a Sovereign and some silver. James Curly from Galway on his way to Nenagh gave evidence that he promised a pint of spirits to sit on one of the cars occupied by the prisoner and others. "He gave them three naggins; while on the car of the prisoners he (the prisoner) put his hand in his (prosecutor's) pocket and robbed him of the money laid in the indictment, £5. 10s." Curly made the excuse that he was cold, got off the cart and waited for it to return. "When the people in that part of town found out his business they gathered about and would have murdered him if they could loosen the stones from the frost". Evidence by Pat Hanley (re. Andrew Toohy), Richard Kelly, John Mara (brother of the prisoner). - Guilty - "To be imprisoned six months and kept to hard labour." Thomas Barry was indicted for stealing two pigs the property of Edmund Quirk. Edmund Quirk a young boy whose father had died lately. Pigs found in Cashel in the possession of Joe Flavan - a shoemaker. Barry found guilty - to be transported for seven years. Court adjourned. Thursday - Fourth Day. "Counsellor Scott, K.C. applied to his lordship to have the case of Michael Tobin and John Carrol who were in gaol for the murder of Darby Tracey postponed to next assizes." "certain witnesses were not forthcoming, being put out of the way as he believed by the prisoners or their friends." "John Spillane, Patrick Ryan, Darby Ryan and Thomas Ryan were indicted for the murder of William Ryan, by giving him a blow of a stone on the 7th of April last of which he died in about five months after. The blow which the deceased received was in a scuffle that took place in Thurles." Evidence by Surgeons Kingsly and Bradshaw. Acquitted. Daniel Corrick charged with " assaulting, and setting fire to the habitation of Thomas McNamara, on the night of the 28th November last at Cappagh" Evidence of Thomas McNamara: a party of seven or eight came to his house at midnight. " he was taken out of the house by three of the party; the moon was very bright and the night calm; the prisoner was one of the party and had a blunderbuss two of the them together struck him ; the blood flowed down his face, called out "Dan Corrick, why do you do this?!; turned his face to the door and saw one man coming out of the house with a coal of fire and apply it to the thatch, which was shortly after in a blaze" For some time the witness "had paid rent for the place he lives in to prisoner's father; but since the land came into possession of J. H. M. Dawson, Esq. Witness paid rent to Mr. Dawson." Evidence from McNamara's wife, Catherine, and son Michael. "Michael McNamara - son of the preceding witness - a small boy of about fourteen years of age - on being interrogated by his Lordship as to his knowledge of an oath said he knew no more about it than a cabbage leaf." Evidence also from Edward Long, Thomas Walshe (of Clougheleigh, near Golden), Ellen Slattery, Edmund White and James Conway, Gentleman. After twenty minutes retirement the jury found Guilty on both counts. "When this case terminated, his Lordship observed, that in every case, however clear the evidence, it is astonishing how people will be found to have no regard to their souls; and will tell lies, and nothing else but lies - a practice peculiar to this county, it would appear." Thomas Kennedy and Pat Mara were acquitted of the the murder of John Carty on the 18th of December last in Nenagh. Thomas Carthy brother of the deceased gave evidence. John Banks, a private of the Waggon Train indicted for stealing a £10 promissory note from Cornet Brandling. Evidence from Charles Cody, publican, to whom the note was passed. Evidence from Sergeant-Major Ramsline that "he found six thirty-shilling notes in a hole in the wall behind the manger allotted to the prisoner's horse. - Guilty - but recommended to mercy - sentenced to seven years transportation." Daniel Maher acquitted of stealing six cows from Cornelius Shanaghan. " -the prisoner laying claim to the lands of Currahnen on which a seizure of the cows was made." Court adjourned Friday - Fifth Day. "Mich. Fogarty, James Ryan, Margaret Bannon, Mich. Bannon, John Stokes, Mary Brien, Michael Purcell, Catherine Stokes, and Eliza Dowling, were indicted for a riot, appearing in arms by day, and taking unlawful possession of a house which they unroofed at Seskin." The House had been occupied by Elizabeth and Timothy Stapleton and their children John and James who all gave evidence. Elizabeth Stapleton is mother of Nancy Bannon, widow of William Bannon who died 8th of Nov. last. Evidence too from C.C. McDonough, George Ryan, Esq. and Mr Thomas Molony. - Guilty of riot, acquitted of whiteboyism. "The women, in the consideration of their being, probably, influenced by their husbands, were sentenced to a week's confinement and the men to six months imprisonment." "Murder of a Child Alice Mulcahy was put to the bar charged with the murder of her male infant in September last at Newcastle, by strangling it with a hay rope." Constable Keating found the body by the side of the river. Evidence from Edmond Butler, Catherine Stapleton a midwife, sent by Dr Fitzgerald, who visited the prisoner in gaol - the conversation they had was in Irish. Mulcahy admitted she had had a male child. Mary Mulcahy, sister of the prisoner and "an Irish witness" [presumably gave her evidence in Irish] that her sister had a daughter born dead about six months ago which she had buried secretly. She herself [Mary] was not married but had a child. "The Jury retired for about an hour, and then returned into court with a verdict of Guilty - Recommended to mercy by the Jury, in consequence of her confession to the mid-wife. Sentenced to be hanged on Monday next (the 30th instant) and her body to be given for dissection." [see notes on petition in court the following Monday, commutation on Tuesday and note at that point of her transportation and later permission to marry] "Richard Ryan was acquitted of robbing James Kiely of £23 on the night of 7th of February last, at New Bridge - an alibi being proved." John, Michael, Denis and (a second) John Tracy were acquitted of the murder of John Tracy at Graffon on the 25th September last. "John Hacket, Philip Hacket, Pierce Whelan and Patrick Cantwell were indicted for unlawfully appearing in arms, for a riot, ploughing up the lands and assaulting James Stapleton on the 5th of February at Curraglass. James Stapleton being sworn - Deposed that a party of 200 persons, armed with guns, scythes &c., at the head of which was the prisoner Philip Hacket, came on his lands, ploughed it up, carried off some pits of potatoes; fired 14 shots; that two of the party Toohy and Hogan, fired at him when he stooped behind a ditch, that they came at eight o'clock in the morning and continued till evening and that he saw the two Hackets and Cantwell the prisoner being there." Evidence from John Stapleton, son of James, and Patrick Stapleton and Mary Ryan. James Crawford, servant to the Rev Mr Slattery, the priest, endeavoured to establish an alibi. - Guilty - sentenced to twelve months' imprisonment, and to be kept to hard labour" "Edmund Farrel was indicted for a riot, an assault on the police of Tipperary, and assisting in the rescue of prisoners." Evidence from Constables Nagle, Callaghan and Fogarty. "Mary Green, a woman who keeps an improper house, and a person by the name of Charles Morrison endeavoured to prove an alibi but failed. - Guilty - Sentenced to twelve months imprisonment and to be kept to hard labour. . ." "At the termination of this case his Lordship expressed his surprise that the crime of perjury should be so common in the county of Tipperary; and that persons could be found so void of all moral feeling as to come forward, and, in the face of the country, could commit such barefaced perjury; he expressed a wish that professional Gentlemen would well examine evidence before it was given. The court then rose and was adjourned" Saturday - Sixth Day Mr Hatchell applied to the court on behalf of Mr Eccles Greene. The Crown-solicitor said that the crown had declined to prosecute - discharged. "James Loughnan, James Franklin, John Grogan, Thomas Archer, Patrick Connor, and Jas. Mulcahy pleaded Guilty to an indictment for appearing in arms by night - a whiteboy misdemeanour These prisoners are the men whom the police apprehended in a forge in Tipperary - and fired at the Police " [No reporting of a sentence] James Power and Pat. Nugent were indicted for stealing two cows the property of Denis Grady of Kilbrack, in the county of Waterford. Cows were left with Pat. Keogh of Hoar Abbey, near Cashel. Constable Champion of Cashel, James Cleary and Catherine McDonnell gave evidence. - Guilty. To be transported for seven years. "Edward Hennessy was found Guilty of stealing two sheep, the property of the Earl of Donoughmore; one of the sheep was discovered alive in an inner room belonging to Anne Hennessy, prisoner's aunt, who lives in this town [Clonmel], and a skin having Earl Donoughmore's brand was found with Denis Gorman, skinner, to whom the prisoner sold it." [No reporting of a sentence] James Wall, Martin Quawney [sic], Mich. Carrol, and Denis Gleeson, charge with a riot at Templetouhy on the 16th November to rescue a prisoner, Feely, from a police barracks. Evidence given by Constables Egerton, Maguire, Ryan and Thomas Rourke. The prisoners "menaced the lives of the Police who every moment expected death from the assailants or the falling of the barracks." "Mr Jeremiah Lalor gave a good character to the prisoners." "Guilty - sentenced to 12 months imprisonment and to be kept in hard labour; Wall to 6 months." "Timothy Lanigan was put to the bar charged with violating the person of Catherine Slattery, and Michael Hogan and Margaret Connel for aiding in said outrage. In this case the prisoners were Acquitted - there being no prosecution; - the prosecutrix and Lanigan were married in the gaol in the morning." James Ryan - SPOT- [presumably his nickname] charged with setting fire to the house of his second cousin Andrew Kennedy near Glenculloe on 25th of last February. Evidence given by Constables Brien, Maurice Holloway and Holloran. Constable Brien "suspected the people of the house knew of the business." Evidence from Mr Rowan Cashell that he had given up the land at Glenculloe to Mr Power of Ballydine because of threats, "that three houses were burnt on them, and his (Mr. C's) man was shot through, and his arm broken; it was difficult to get a tenant for these lands." "Jerry Kennedy a farmer who rents 500 acres of land and a relation of the prisoner's gave him a good character - Guilty." Although a capital offence his lordship recommended transportation for life as no-ones life was threatened. He had no doubt that the intention was to prevent the letting of these lands and the "object of which is to deprive Landlords of all power over their property and to enable the tenants in possession to keep lands on their own terms; but said his Lordship this practice must be put down - the law must be put in force to effect this desirable purpose." "At this period one of the Jury that tried the woman for the murder of her illegitimate child [Alice Mulcahy, tried the previous Friday?] presented a petition to his Lordship praying his Lordship to save her life; his Lordship with his wonted humanity promised to forward it." Patrick Cahill, Patrick Walshe, John Skid acquitted of the murder of James Kennedy at Brittas on 16th September - "the evidence being only of a slightly circumstantial nature." Michael and Thomas Ryan charged with shooting at John Grace - trial put off to next assizes. Patrick Ryan acquitted of robbery at house of a Mr. Nowlan. John Ryan - BUTT - [?nickname] indicted for receiving a gold watch stolen from Mr. Ryan of Rafana. Mary Hartnet, publican in Thurles, bought the watch from Ryan for £6 but was suspicious. She gave it to Mr Molowney of Thurles who returned it to Mr Ryan. "- Guilty - 12 months imprisonment and to be kept to hard labour." William Ryan and Darby Hayes implicated in the same crime were acquitted, there being no prosecution. Michael Tobin and John Carrol, ordered to enter into securites to appear at next assizes. Michael Dwyer to appear at next assizes in a case of manslaughter. Michael Dwyer, Edmund Carrol, Edmund Ryan, Andrew Connors, Edward Butler, Mary Burke, and Michael Dwyer [sic] bound over to appear at next assizes for riot and assault. The trial of Michael Brien, Michael Burke and Thomas Burke, for appearing in arms at night - held over to next assizes. Court adjourned until Monday. Monday - Seventh Day Michael Carrol to stand trial at next assizes for murder of John Keefe. Trial of John Murray for very aggravated assault postponed to next assizes. John Daniel indicted for rape to remain in Gaol until next assizes. Michael Brien acquitted for arson on the house of Joseph Larrett. "Patrick Dwyer pleaded Guilty to an indictment of demanding fire-arms from and administering an unlawful oath to Mary Kelly, servant in the house of Patrick Phelan of Skeery - Sentenced to 7 years transportation." Pat. Gleeson guilty of stealing two heifers, property of Thomas Morrissey and John Walpole. Michael Marskil acquitted of stealing a pistol the property of the High Sheriff of this County. Michael Goony found guilty of stealing some sixty gallons of whiskey from Thomas Croagh, Killenaule. Some he sold to Killenaule publicans named Quinlan, Kickham, Gleeson for 4s 6d a gallon. Six months imprisonment and to be kept to hard labour. Richard Devereux acquitted of stealing four sheep. Pat. McGrath - Guilty of stealing 2 sheep from John Cahil - to be transported 7 years. Andrew Kennedy, Wm. Kennedy and Edmd. Conners, found Guilty of stealing two sheep, property of Robt. Allen - to be transported 7 years. "Thomas Magrath was acquitted of the murder of Mary Londregan - no prosecution. The prisoner was a young boy and deaf and dumb. The homicide was the consequence of an accidental shot." "Edward Bradley a soldier of the 62nd regiment was found guilty of stealing in a public house in Templemore two sovereigns, a pound note, and some promissory notes out of the breeches pocket of Pat Fihelly near whom the prisoner sat on the night of 1st of November." Evidence from Corporal Kell [Kelly?] . - To be transported 7 years. "John Noonan and Anne Aderly, the wife of a soldier, acquitted of stealing two shillings, one half crown and a sixpence out of the pocket of Anne Kearny at the December fair of Clonmel." Bridget Dwyer guilty of stealing a coat, property of Wm. Doody. To be imprisoned six months. John Quirk (alias Whittle) guilty of stealing a cow, property of William Scoafield - six months imprisonment with hard labour. Many Hennessy and Catherine Fogarty "(a little girl about twelve years and niece to the other prisoner)" guilty of stealing coat of Patrick Londrigan and a cloak of Mary Londregan. "Mary Hennessy is an old offender and twice before in Gaol." David Hennessy and Jeremiah Broderick guilty of stealing pigs of Henry Gipson - To be transported 7 years. John Watson charged with taking forcible possession of a house and lands in the possession of his daughter-in-law now a widow. Agreed it should be left to the arbitration of Mr O'Keefe of Thurles. Record court: Monday - Seventh Day. "The civil business being disposed of, Baron Pennefather proceeded to try criminal cases" James Kane, stealing twenty flaxen balls on January 29th at Clonmel, the property of Wm. O'Neill - Guilty to be imprisoned four months and kept to hard labour. Terence and Richard Fleming for stealing on the 31st December at Tipperary, 12 stone of wheat of Michael Barry. - Acquitted. Mary-Anne Fitzgerald for stealing at Nenagh, bank notes and sovereigns to the sum of £6. of Ellen McLoughlan. - Acquitted. Criminal Court: Tuesday - Eight Day. "James Shannon, an old grey-headed man was indicted for an assault on, and attempting to shoot, Jane McCarthy, at Nenagh on the 19th of November. Jane McCarthy swore that the prisoner attempted to choak her child, struck and broke her own nose, and then attempted to shoot her with the pistol which he snapped at her. Joseph McCarthy, the husband of the preceding witness, and a police constable, proved that he saw his wife in gores of blood and prisoner presenting a pistol at her, and subsequently turned on witness, presented a pistol and snapped it at him; and that since he had shot a man before, the witness was afraid of him; in three weeks after witness was surrounded by a mob in Nenagh, struck, and had his head fractured." Evidence from Constable Sergeant Sweeny. - Acquitted "in consequence there was a doubt pistol was snapped." Prisoner bound over to next Assizes for an aggravated assault. John Magrath and James Magrath were Acquitted of stealing a mare and a colt. John Mansfield, a journeyman baker, charged with stealing bank notes a sovereign and some silver to the amount of £14 2s. from John Duggan his employer. The prosecutor could not identify the money but a constable proved prisoner had acknowledged he had taken the money. Guilty - To be transported 7 years. Thomas Boyle acquitted of stealing an ass from Peter Smithwick. Ellen Power and Mary Phelan, indicted for stealing cloth, the property of John Slattery, of Carrickbeg - Acquitted. John Moore acquitted for a burglary and a felony - their being no prosecution. Peter Neale indicted for an assault on his wife was acquitted from want of prosecution. "Daniel Corrig or Courig was now placed at the bar to receive sentence of death for setting fire to and assaulting the house of Thomas McNamara of Cappagh. His Lordship, after detailing the atrocious particulars of the outrage commented in severe terms on the conduct of the lawless banditti that infest this county; carrying fire and destruction to all that should, contrary to their bloody code, take any ground." - "His Lordship then counselled him in the most earnest manner to prepare for the awful fate that awaited him, and to convey his dying advice to his companions in guilt to abandon their wicked course. His Lordship then passed the awful sentence of the law, and ordered him for execution on the 18th inst." "The unfortunate woman, who was found guilty of the murder of her illegitimate child, was respited." [This must refer to Alice Mulcahy sentenced to death on the previous Friday and for whom some Jurymen asked clemency on Saturday - See above for the newspaper's account.] [Thanks to Coralie Hird and to Lesley Ueber - see: http://users.bigpond.net.au/convicts/index.html - I have learned that Alice (aka Alicia) Mulcahy arrived in Australia on board the Asia in 1830, she was aged 27. In 1834 she was given permission to marry Thomas Rhodes, also a convict.] The court adjourned about one o'clock. Record Court Tuesday - Eight Day (hearing Criminal Cases) "Patrick Fitzgerald and Margaret McCarthy for stealing on the 19th November at Carrick-on-Suir, a band-box, two leghorn bonnets, a silver watch with two gold seals and a gold key, a shawl, silk handkerchiefs and other articles the property of Elizabeth Walker. Elizabeth Walker - was going on the 19th November to Waterford from Clonmel on Mr. Bianconi's car." Some of the articles were missing on arrival in Waterford. Some were later found by Sergeant John Flood in the possession of the prisoner McCarthy. Evidence given that prisoner Fitsgerald had sold the items to prisoner McCarthy who did not know they were stolen. "The female prisoner was acquitted. Fitzgerald being found guilty was sentenced to be transported 7 years. On being sentenced he expressed his thanks to the court." Michael Brien for fraudently representing himself as commissioned to collect three shillings and three pence, Barony tax from H. McDonough. - Acquitted. Margaret and Alice Scanlan for stealing wearing apparel - - To be transported 7 years. Timothy Carthy and James Lalor for stealing three pigs' heads.- To be transported 7 years. Thomas Baldwin, James Brien and Bridget Baldwin for stealing wearing apparel - Acquitted. Wm Hennessy pleaded Guilty to an indictment for stealing Bank notes and several pieces of gold and silver money to the amount of £35 - To be transported 7 years. Stephen Ryan, stealing wearing apparel - Acquitted. End of the account.