News: Court Decisions, 3 Nov 1861 Co. Tipperary, North 
Riding

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Ireland Genealogy Projects Archives
Tipperary Index
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File contributed by:  Mary Heaphy

COURT DECISIONS, 3 NOV 1861, CO. TIPPERARY, NORTH RIDING
Clonmel. Friday.

Mr. Justice O'Brien took his seat this morning at 10 
O'clock, and proceeded with the trial of prisoners.

Felonious Assault.

The Queen V. John White.

John White was indicted for a felonious assault upon Ellen 
Heely-The prisoner was acquitted. Counsel for the 
prisoner-Mr. Edward Johnstone.

Cow Stealing.

The Queen V. Mary Quigley.

The prisoner was indicted for stealing a heifer, the 
property of Daniel Dwyer.

The prosecutor proved that he had gone with a policeman to 
the farm of the prisoner, and did not see his heifer there;- 
he went a second time with a search warrant and found the 
heifer, he then went to the prisoner's house, and asked her 
for the heifer, she said she had no heifer but her own;-the 
heifer was unmarked.

On cross examination witness admitted that he and his wife 
had some little difference, his wife sold cattle for 
him;-heard she had sold the heifer and two other cattle;-the 
prisoner is a respectable farmer;- has more cattle than 
witness;-witness heard his own wife tell the magistrates 
that she had sold the heifer to the prisoner.

The Crown, upon the appearance of the evidence, gave up the 
case.

Counsel for the Prisoner-Mr. Edward Johnstone.

Passing Base Coin.

Honora Carthy, a mere child, was indicted for passing a base 
sixpence on the 24th Jan., this year. The only witness 
against her was a very intelligent little boy, of about the 
same age as the prisoner, 9 years. Witness could not prove 
the identity of the sixpence, the prisoner was accordingly 
acquitted

Sarah Cronin was also indicted for passing another 
counterfeit sixpence to the same boy.

Record Court.

Mr. Justice Chambers has been engaged during the morning in 
disposing of the civil bills appeals.

One of these was from the decision of Mr. Sergeant Howley, 
the chairman of this county, who had given a decree below 
against the Great Southern and Western Railway. The 
plaintiff, Mr. Kennedy, processed the company for not 
keeping in repair a certain sluice, whereby the lands of the 
plaintiff had been flooded and injured.

The appeal has not yet concluded.

Clonmel Saturday.

Mr. Justice O'Brien took his seat at 11 o'clock this morning 
and proceeded with the trial of the prisoners.

The Queen V. Daniel Driscoll

The prisoner was indicted for the manslaughter of Thomas 
English, on the evening of the 6th Dec., the deceased was at 
the door of the forge of prisoner's father, Denis Driscoll 
said to deceased--"If the truth is in you, tell it now", 
deceased then said, in an angry manner, "Come out here now". 
Denis then came out, when deceased caught him, attempted to 
choke him, and struck him twice, the prisoner came out with 
a bar of hot iron, deceased made a kick at him, when the 
prisoner flung the bar at the deceased, which hit him in the 
mouth, deceased lingered for 6 days before he died.

It appeared that the dispute between prisoner's father and 
the deceased had originated over a blacksmith's punch which 
the prisoners father had lent to the deceased, which old 
Driscoll stated the deceased had not returned to him, 
deceased contended he had.

Dr. Scully who attended deceased before his death, stated 
deceased had met his death from a wound. The prisoner was 
undefended, but called a witness as to character. His 
Lordship having charged the jury, they found a verdict of 
not guilty. His Lordship, before ordering the discharge of 
the prisoner, addressed some admonitory remarks to him, 
telling him that, although unwittingly, he had been a cause 
of a fellow creature's death; nevertheless he had suffered 4 
months in prison. His Lordship advised him to remember and 
take warning from that incarceration to abstain from using 
any weapon or instrument which would be likely to cause 
death. This warning his Lordship hoped would be attended to 
by those who were present in the court.

Post Office-Stealing Letters.

The Queen V. Michael Foley.

The prisoner was indicted for that he, on the 18th of Nov. 
last year, at Killenaule, in the South Riding of Tipperary, 
did steal a letter containing two halves of bank notes, each 
for £5, also for embezzling.

Mr. Michael O'Connor, of Old Bridge, in County Waterford, 
enclosed to one Michael Kennedy, of Killenaule, on the 17th 
November, send two halves of National Bank notes for £5 
each-Clonmel issue-the other halves he gave to a carrier 
named John Hall, to bring to Mr. Kennedy in Killenaule.

Mr. Michael Kennedy proved that the first time he saw either 
of the four half-notes again was when Mr. Gill, the manager 
of the National Bank in Clonmel, showed them to him.

John Hall proved he was a carrier, got a letter from last 
witness on the 17th Nov. to bring to Mr. Kennedy in 
Killenaule. Saw him cutting two notes in half, and putting 
them into an envelope for witness, witness brought the 
letter to Mrs Kennedy the next morning. Mrs Kennedy proved 
that on Sunday the 18th of November, she had received a 
letter from last witness, which she saw her husband open, 
she did not open it. Michael Kennedy proved that he had got 
the letter from last witness containing two half £5 notes, 
knows the numbers, took the numbers about a fortnight 
after-gave those notes to a Mr. King, a victualler in this 
town, got them back from King, send them back again to 
O'Connor by letter through the Post Office.

Mr. William King-Received the half notes from Kennedy on the 
21st November, did not notice the numbers; Kennedy told me I 
would get the other halves from O'Connor. Kennedy and 
O'Connor were then recalled to prove that the left-hand 
halves of the notes which were produced were the notes which 
had been enclosed in the envelope sent by the carrier to 
Kennedy, and from Kennedy to O'Connor again.

This was the only way by which the half notes could be 
properly identified. O'Connor now proved that he had put the 
right hand halves into an envelope, gave it to a boy named 
Cummins, who had posted the letter addressed to Mr. Kennedy, 
Killenaule. John Cummins proved that on the 17th Nov he had 
received a letter from O'Connor, which he had posted in the 
Clonmel Post Office.

To a Juror-The letter was addressed to Michael Kennedy.

Patrick Wall proved that he was in the employ of the Post 
Office in Clonmel; proved the post mark of Clonmel, Nov. 
17th 1860, the mail for Killenaule was despatched at a 
quarter to nine in the evening of that day.

Mr. Wall, Postmaster at Killenaule-The Clonmel mail of the 
17th arrived in Killenaule at a quarter to ten on the 18th, 
proved the Killenaule postmark, identified the prisoner, 
gave all the letters he received on the morning of the 18th 
Nov., prisoner never gave any of the letters back to 
witness.

Mrs Kennedy, wife of William Kennedy, a former witness, 
proved the custody of the left hand halves for some time, 
her husband gave them to her, and she gave them to Michael 
Kennedy.

Mr. John Fitzgerald-Keeps a shop at Killenaule, knew the 
prisoner to be letter carrier of Killenaule, prisoner came 
to witness sometime in December, and showed him two half 
notes, he asked witness what he should do with them, I saw 
the name Clonmel on them, and told him to bring them to the 
National Bank in Clonmel, where, if he could get any 
respectable person to answer for him, he might get the 
money. Prisoner then left witness's shop bringing the notes 
with him, Mr. M'Craight met prisoner in Killenaule next 
morning, he said he had half notes with wrong numbers, and 
wanted to know whether witness would take them to Clonmel. I 
told him I would next day, and said he might leave the notes 
at witness's shop in the course of the day, came about 3 
o'clock, and in his presence and witness, showed him two 
half notes which he said were those he had left there, he 
knew the word "five" was written on the notes;-witness 
brought those half notes to Clonmel the next day, to Mr. 
Gill, the manager of the National Bank, witness marked the 
notes.

Mr. Gill-Manager of the National Bank in Clonmel.---Mr. 
M'Graight brought the right hand half notes to me on the 
13th Dec.; the left hand notes were presented to the bank on 
the 13th Dec.; the person who had left the left-hand halves 
witness could not recognise. Constable McLean arrested the 
prisoner on the 14th Dec. and found the envelope already 
proved to have contained the right-hand half notes, showed 
the envelope to O'Connor; who gave it to the Post-Office 
surveyor, Mr. James.

Mr. Ryan, the postmaster there, proved that he had told the 
prisoner to deliver the letters when he gave them to the 
prisoner. It also appeared that in November he got £6 per 
year as Postmaster in Killenaule, and from that paid the 
prisoner as letter-carrier one penny per day, or 30s., a 
year.

The Postmaster gave the prisoner an excellent character, and 
stated that when hiring him he got a very good character of 
him from the last Postmaster.

His Lordship then charged the jury and recommended all who 
heard him not to follow the example of O'Connor in not 
taking the number of half-notes when sending them through 
the post.
  
The jury found the prisoner guilty of stealing the money 
from the envelope.