News: Compendium of Crime, Nenagh Guardian 1838-1839 Part 3 *********************************************** Ireland Genealogy Projects Archives Tipperary Index Copyright ************************************************ File contributed by: Mary Heaphy COMPENDIUM OF CRIME, NENAGH GUARDIAN 1838-1839 PART 3 A Compendium of Crime from the 21st July 1838 to the 13th. of March 1839, comprising a period of nearly 8 months. Continued. 22nd. Wm. Brien, near Castle Otway, was pursued by three fellows, and assaulted, from the effects of which he died the following morning, a man named Collins was apprehended. The jury returned a verdict of wilful murder. Michael Quin of Cashel, murdered by John Glasheen, with whom he had a dispute. Meade Nesbitt Esq. was wantonly attacked near Borrisokane, by men returning from a funeral, he was much beaten about the body, and had a deep cut on his head. The Police followed the party, and would have overtaken them, but for them being provided with horses by the Country People. 25th Rody Moylan, a carman going with 12 other Carriers with corn to Limerick, being the last of the train, was pounced on by two men, knocked down with stones, and his head badly fractured. He has since died. Patrick Henbery, was murdered on the 15th inst by Michael Shea, who knocked him down, and for which the government has offered £50. Thomas Slattery's dwelling house on the lands of Loughernan, with in a few miles of this town, was maliciously burned to the ground. Two shots were fired into it previously. Slattery took a farm from which a previous tenant was evicted. A stone was thrown into the Methodist Preaching house, at Cloughjordan, which struck a board behind the Pulpit. Mr. Desmond's house in Nenagh, demolished for protecting a man from the vengeance of some combinators. Patrick Cleary, stabbed with a pitchfork by John Phelan, of Peterfield. A brass barrelled blunderbuss taken from the house of a man named M'Mahon of Bloomfield, (stewart to Mr. Scully) in the middle of the day-the man entered the house on pretence of lighting his pipe. William and John Caplis, waylaid on returning from a funeral by five men, John, Thomas, and Michael Blake, Kennedy and McKeogh. William's skull was fractured by a blow of a stone, his life is despaired of. A house belonging to John Going, Esq. of Newhill was maliciously burned. Michael O'Shaughnessy, of Templemore, was waylaid and assaulted by two ruffians. Inquest held on Quin, murdered in Cashel a short time since. Some witnesses were put out of the way and others would not identify. The prisones set at liberty. 29th, A house belonging to Mr. Joseph Clarke, on the lands of Dromineer, was maliciously burned. The house of Thomas Ashbury, at Rodeen, was broken into, and robbed of two guns, a powder horn, and shot-bag. At the meeting of magistrates in Cashel, on Wed. the 25th Sept. the following observations on the subject of intimidation of jurors and statement of crime in Tipperary in 1836,1837, and 1838, was delivered by the Right Hon. The Earl of Glengall. "I say it is impossible to prove, by documents, that 12 men, put into the jury box upon their oaths, are intimidated. How is it possible to tell what is acting in their minds?. But it is very easy for the persons hearing the trials, and then hearing the verdict, to form in their minds suppositions with regard to the feelings that actuated the jurors, or some of them, in their decision. I can lay before the meeting a document regarding homicide-for, as the Government only alluded to that crime. I have only directed my attention to it. As I said before nothing can be more difficult than to give proof of what is passing in the minds of the jurors. Many gentlemen here, perhaps, were at the trial of the men for the murder of the Widow Quirke, and recollect the conclusive evidence, nevertheless a verdict of acquittal was the result. J. Bourke for the murder of Bruton was also acquitted, and the learned Judge who presided asked the Clerk of the Crown, "Why, not guilty at all"? expressing astonishment that neither murder nor manslaughter was found-(hear)-and the public, I believe, were equally astonished-(Hear, hear,) -I shall, now gentlemen read for you the documents which I have obtained from the officers of the County. The first is a return of the number of persons committed for trial for murder and manslaughter in the County of Tipperary-number found guilty and acquitted for murder, number found guilty for manslaughter and acquitted for manslaughter-number discharged by proclamation, etc. in the years 1836, and 1837. Number of persons committed for trial to the two assizes for murder and manslaughter. 1836-101 persons. 1837-124 persons. Number of persons found guilty of murder. 1836-5 persons. 183710 persons. Number of persons acquitted for murder. 1836-5 persons. 1837-10 persons. Number of persons found guilty of manslaughter. 1836-39 persons. 1837-24 persons. Number of persons acquitted for manslaughter. 1836-21 persons. 1837-26 persons. Number of persons discharged by proclamation, bail, no bills found, or remanets for homicide charges. 1836-45 persons. 1837-53 persons. Total number convicted for murder and manslaughter. 1836-44 1837-34. Rewards offered by the Government for crimes generally committed. 1836-46 persons. 1837-29 persons. Number of these rewards claimed. 1836-6 persons. 1837-1 person. The cases given in the Government reply gives only the number of cases brought to trial, without stating the number of persons-in this return the number of persons is stated. Upon that I shall make no comment-whether or not justice has been obtained it is for the public to judge. By the Parliamentary documents it appears that, in 1836, forty-six rewards were offered for information respecting crimes, the numbers claimed were six-(hear, hear,). In 1837 twenty nine rewards were offered and only one was claimed. (Hear, hear). Now. Gentlemen, what description of crimes were those that rewards were offered for and not claimed, they are;- 1836 Rewards Murder of Mary Quirke, Beating of James Daly, of which he died. Firing into Thomas Kearney's home. Firing at Landy and Lonergan. Firing at and wounding James Ryan. Murder of Jer Keogh. Murder of James Egan. Beating of Michael Quan, of which he died. Murder of Daniel Ryan. Murder of David Tobin. Murder of Wm. Reed. Firing at James Bourke. Firing shots into the Rev. Mr. Bagnell's house. Beating of Michael Brunnock, of which he died. Beating of R. Kenny, of which he died. Striking of Michael Connors, of which he died. Firing shots into the house of Rev. Wm. Lloyd. Homicide of R. Howard. Murder of James Scanlan. 1837 Rewards. Murder of Pat Guilfoyle. Supposed murder of Thomas Ryan. Beating J. Harrington, of which he died. Beating Michael Cormick, of which he died. Beating Thos. Gleeson, of which he died. Beating of R. Brereton, of which he died. Beating James Walsh of which he died. Attempt to shoot Major. Lidwell. Homicide of Daniel Ryan. Murder of James Ryan. Murder of Private Gahagan, 13th regt. Firing at James Hetherton. Murder of Sub-Constable Shea. Murder of Denis Murphy. Murder of John Mannix. Murder of William Delany. These are some of the crimes for which Government rewards were offered, none of which have been claimed-consequently no one has been brought to justice for those dreadful and harrowing outrages. The results for 1838 are not yet made up, and consequently cannot yet be had from Parliament, but I have applied to the country books and I find them agreeing with those in the Government reply, therefore they are correct. The noble Earl then read the following;- Return of the number of indictments for murder and manslaughter, the number of persons in those indictments, etc. for the year 1838. Murder. Indictments for murder-2. (The copy of the Nenagh Guardian is very bad, so can't read the next couple of numbers.) M. Persons in the several indictments-?. Verdict of murder given-?. Verdict of not guilty-?. Guilty of manslaughter-7. Indicted for murder but found guilty of manslaughter-20. Indicted for murder and acquitted-2. Where the jury disagreed-2. Manslaughter. Number of indictments for manslaughter-25. Number of persons in the several indictments-57?. Number of indictments in which a verdict of guilty was brought in-14. Number of indictments in which the verdict of acquittal was brought in-12. Number of persons in those indictments found guilty-38. Number of persons acquitted-28?. The next return is still more searching;- Return of persons committed to gaol in the year 1838 for homicides, and the number convicted, acquitted, discharged by proclamation, etc. Committed to gaol-178. Convicted-58. Acquitted-46. Discharged by proclamation,-74, bailed, and ramanets -178. Now, gentlemen, looking at the returns of indictments for murder and manslaughter in 1838, and finding that none of the parties indicted for murder were found guilty of murder, one of two things naturally strikes us-either the magistrates did not get the proper witnesses, or the jury did not choose to convict-one of the two must be the case, how otherwise will you account for the acquittals, for the persons must have been murdered?. (Hear, Hear). I leave it with those who are more conversant and habituated with the administration of justice than I am to say. I do not think it was an unnatural or unjustifiable conclusion for the magistrates to come to, that intimidation existed in this country, when such was the results of the assizes. (Hear, hear). That sympathy does exist is not astonishing. I have heard it frequently said that there are many persons, who when placed in a jury box, are reluctant to find a verdict of guilty, either from intimidation or sympathy, when they know that the sentence would be expiating. These documents are now public property, and I shall be making no further comments on them-I leave it to a discerning public to conclude whether the Government are justified or not in their reply respecting the intimidation of juries- (Hear, hear)-.How is it that such heavy outrages should have been committed and the rewards have not been claimed.? Assume that intimidation does not exist in the jury box, it must then exist in the minds of the witnesses and prosecutors. If it did not exist in the minds of the witnesses, and prosecutors, why should there be such a difficulty in bringing the offenders to justice. (Hear, Hear.) Gentlemen, there are 713 outrages reported by the constabulary to Government in the year 1837. There is a difference between the manner in which the returns were made up in that year and in 1836. If they were made up similarly, that for the year 1837 would be double the number for 1836. That is explained by that very excellent and efficient officer, Colonel Shawe Kennedy, who, unfortunately for the Country, is no longer at the head of the Constabulary.