Tipperary Free Press - Co. Tipperary, Ireland - 1840
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TIPPERARY FREE PRESS - CO. TIPPERARY, IRELAND - 1840

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1840

Wednesday 25 March, 1840

A widow named Connors of Bogtonrath was accidently
burned to death on Saturday night (21st). A little girl
lit a sop of straw which ignited more straw that was
covering oats in a corner. Woman and child were burned
to death. Inquest held by Wm. Ryan Esq, (Coroner)
assisted by B. Nagle R.M. - Verdict accidental death.

Saturday 28 March 1840

(Faction Fighters). Nenagh Assizes Tues (24th) 7th day.
Thos Hogan charged with murder of Wm Brien of
Templederry 18 Sept. 1838 when coming from the fair of
Castle Otway. This was a faction fight between the
"Magpies" and the "Black Hens". The chief people
concerned were Burkes and Ryans. Not guilty.

Wednesday 25th, Philip Hayes of Upperchurch (who lived
with his father in law) and John Gleeson indicted for
the murder of Andrew Burke (of Newlawn and Clare Street,
Limerick, at Cooleen, apparently between Borrisoleigh
and Castle Otway). Burke was attacked and severly beaten
on the head by 4 men - 14 or 15 wounds - there on 24th
Sept. and died of fracture of the skull (not discovered
till post mortem) and abcess of the brain on 19 October.

John Shouldice, rent-collector for Burke (elderly
gentleman) who had ejected some of his tenants, gave
evidence that Burke stayed at his house the night before
the attack and went out with a man named John Carroll,
whom Burke had evicted but later reinstated, about
making a road for Burke's tenants next morning. About an
hour later witnesse's son and servant and Carrol brought
back Burke, who was weak and covered with blood and who
told that he was severely beaten. Burke had a nephew,
John Burke with whom he had a lawsuit. The Glanbride
tenants sided with John, but not the tenants of
Knockakelly.

John Carroll who lived 17 or 18 years at Knockakelly
swore he was with Burke when 4 men came from a boreen
and attacked him near Quinlan's house. He saw a youth
striking Burke with a stone: one of the men, Hayes, had
a pistol and ordered Carroll to lie down on his face and
hands, which he did and remained so still the men left.
He identified Hayes. Witness arrested on day of beating
and in custody since he first said that a man named
Murphy beat Mr. Burke, but later withdraw that
statement. Dr. Pinchin gave evidence of attending Burke.
Philip Hayes found guilty and sentenced to death;
execution to be on 30 April. John Gleeson found not
guilty. Hayes then said " Praise be to God, I am as
innocent of it as my parish priest." The Jury
recommended mercy. Patk Dunne charged as an accomplice
to remain in Gaol till next Assizes when he is to stand
trial.

Wednesday 1st April, 1840

North Riding Tipperary Assizes - Criminal Court Thursday
- 9th Day. Edmond Ryan of Killoskehan arraigned for
murder of Ml Lanigan of Killoskehan on 24th June last
(1839). The others were associated with Ryan at the
murder, Paddy Dunn, James Lacy, and James Howard
(Killoskehan): the latter 2 because approvers. The
motive of the murder appears to have been robbery and
land dispute. They were arrested on 31 Dec. Edm. Ryan
was Woodranger of John Willington of Killoskehan for
which he had some land rent free: Willington dismissed
him in May: the Dunnes held a commonage which Willington
took from them last May and gave to Lanigan to take care
of and gave him the grass of a horse and cow on it.
Lanigan had about 11 acres of land. His dead body was
found with his head bashed in with the pole of a
hatchet, near Edm. Ryan's house: he had 26 on him the
morning of the murder, but it was missing from body.
James Howard (approver) gave evidence that Ryan struck
Lanigan on poll with a hatchet and took the money:
Howard admitted that he was one of 3 charged with murder
of Milo Burke (Lanigan another and one Quirk). His wife
died but he did not murder her; he has 2 children who
are with friends; he was caught at Glanaguile. Edm Ryan
found not guilty.

Saturday 18 July 1840

Nenagh Quarter Sessions Tuesday (14th). Rd. Cooke, John
Cooksen, Peter Cooke and Ml Dunn indicted for riotous
and unlawful assembly at Rathmoy on 20 May and taking
forciable possession of the house and land there which
had been occupied by a Mr. Phelan, deceased since Nov.
12 months. The land was got by Phelan from Mr. Cooke. On
the day Phelan died, Cooke's eldest son , John came and
knocked down part of a wall on the land. Martin Butler
who with his father, Nicholas Butler, lived as herdsmen
on the land and swore that on 20 May they were put out
of the house by Mr. Rd Cooke, Mr John Cooke and Ml Dunn.
They had a bayonet with them. Cooke has possession of
their acre of potatoes. On Cooke's side, it was said
that 100 armed mountaineers assembled to drive Phelan's
stock off the land and deprive Cooke of the rent. Rd
Cooke and Ml Dunn found guilty; fine 10/=.

Old Mr. John Cooke was then charged with assault on
Nicholas Butler on 17th May. For Cooke it was said that
Butler was trespassing on his land and he used no more
force than necessary to put him off it. The land was
that lately held by Phelan, the rent was in arrears no
stock on the land and no representative to pay for the
land and Cooke had re - possessed it. Butler was well
known to the head of a faction and very dissorderly.
Judge held that Butler was caretaker of the land for
Phelan and so not a trespasser. Cooke fined 40/=.

John Fogarty of Kilrush, Thurles, indicted for assault
and causing grievous bodily harm to John B. Fogarty,
aged 10, son of W. B. Fogarty of Thurles. The Fogartys
were travelling in a gig from the fair of Borrisoleigh
to Thurles at 9 p.m. last August. About 1miles from
Thurles, They met John Fogarty who without any
provocation threw a stone and hit John B. Fogarty on the
head from which he was unconscious for 4 days. Police
swore that they had a warrant for defendant's arrest for
10 months before they apprehended him. Evidence hinged
on identification. Occurence happened at a bridge. Jury
found Fogarty guilty and he was sentenced to 7 years
transportation; he still protested innocence.

A case was adjourned in which Mr. French was indicted of
assaulting John Kempston, Jun, Proprietor of the Nenagh
Guardian.