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Tyrone Assizes, Omagh, Co. Tyrone, Northern Ireland July 1840

Extracted from the Belfast Newsletter July 28 1840
Transcribed, Compiled and Submitted by
Len Swindley, Melbourne, Australia

COUNTY OF TYRONE ASSIZES, Omagh, Wednesday, July 22.

The Hon. Justice Torrens entered the Crown Court at a little before ten o’clock, when the following Petit Jury was called and sworn: - Messrs. David Denny, Wm. Elliot, John Matthews, George Booth, Wm. Love, James Love, James Kyle, John Given, John Orr, Greer Jack, Wm. Watson and Robert Love.

Patrick Larkin, about 16 years of age, was indicting for killing Seaton Anderson, a boy of 13 years of age, on 20th March, at Rosemount. It appeared, by the evidence, that prisoner and deceased were working in a field belonging to the deceased’s mother, when for some trifling cause, prisoner threw deceased on the ground, falling on him; when the boy arose he said he had been hurt in the back, and shortly after went into the house. He lingered till 13th April, when he died. Mr. Robert Dickson, surgeon, made a post mortem examination of the body, and stated that death was caused by internal injury; the kidney and liver were in a diseased state. Guilty.

Margaret Fulton and Annabella Fulton, for having in their possession certain pieces of counterfeit coin, with intent to utter the same, on 26th May, at Benburb.

Ann Breakey – Knows the prisoners; they left witness’s house on the day in question, to go to their uncles, witness went with them; on the way Margaret showed witness a purse with bad shillings in it; she said they were bad; saw the purse or bag again with the police; went with the prisoners to the Blackwater, and parted with them there, when witness went into a house, and told the people that the girl had bad money in her possession; witnesses’ husband is in Armagh gaol “for a bad shilling” himself – Cross-examined – Witness’s husband and father are both in gaol for passing bad money – the same place where their (the prisoner’s) father is.

James Haughey – Took the prisoners into custody, but found no bad money with them; searched the roadside with another constable, and found a bag. There was £3.10 shillings of base shillings in it.

Breakey was called again, and identified the bag as the one she had seen with Margaret Fulton. – Guilty.

Thomas Keenan, for stealing two pigs on 16th March at Aughnacloy, the property of J. Hurst. - Acquitted.

Ferdinand McCrory, for stealing two heifers, one the property of John Anketell, of Mount Anketell, Esq., the other the property of John Campbell of Aughnacloy on the 20th March. – Guilty

James Irwin, for maliciously assaulting James Maguire, so as to endanger his life on the 11th Dec. at Crewe, also for a riot.

James Maguire – Is a water-keeper on the River Derg; was on duty on the night in question with a name named Jamieson; saw a torch lighted on the water, and whistled at the people, who put it out, but they lit it again at another place; went down towards them, when three men came out of the water, and attacked witness and Jamieson, with gaffs; witness was cut on the head, and on the finger; had four of his teeth knocked out, and the gaff was put through both his jaws; prisoner did not touch witness that he knows of; did not see him strike Jamieson; saw him only take hold of him.

John Jamison – Was one of Mr. Daniel’s water-keepers and was with last witness when a party of men beat them; did not know any of the men; a person struck at witness, and put him down. Some cases of this affray were tried at the last Assizes. Not Guilty.

Thomas Keenan, for stealing a coat, vest, trousers, and razor, at Aughnacloy, on the 18th March, the property of Bernard Trainor. Not guilty

Peter McNally, for stealing a hogshead, on 22nd June, at Ballygawley, the property of Adam Armstrong. – Guilty.

Michael McCullagh, for stealing one ram lamb, on 11th July, at Learmount, Co. Derry, the property of Jas. Kane; also for stealing another same day and place, the property of Patrick McLaughlin. Not guilty.

Owen McGlinchy, for assaulting Francis Kerrigan, at Lisnacloon, on the 30th October

Francis Kerrigan – Was coming along the road, and met the prisoner, and Connolly, who was tried at last Assizes for being concerned in the same affair; prisoner caught hold of the witness, knocked him down, and took a stone and knocked out one of his eyes; could not do a hand’s turn for 3 months afterwards; there had been a dispute about a child. Cross-examined – This was between eight and nine o’clock, and witness had drunk half a naggin, and about a half of half a pint of spirits, but was not a bit out of his latitude; the prisoner had “promised it” to witness; did not challenge the witness to fight; did not fight any with the prisoner that night.

Several other witnesses were examined, and prisoner was found guilty.

Elizabeth Hagan, for assaulting Michael Early, at Ballygawley, on 12th June – Not guilty

Mary McCall, for abandoning a female child, at Killemady, on the 18th July – Pleaded Guilty

Catherine McCallan, for stealing a watch, on 5th June, at Fintona, the property of Matthew Wilson – Guilty

Jane Groves and Rebecca Groves, two children, for stealing three shawls on 1st July, at Strabane, the property of Jane Greer. When asked if they were guilty, by the Clerk of the Crown, the elder sister said that they had stolen the shawls

Ellen McGuiggan, for stealing two pigs, on 24th June, the property of William Ramsey – Guilty

George Anderson, for stealing two gowns, the property of Jane and Sarah Livingston Guilty

Thomas Kane, for stealing a mare, on the 7th October, 1837, at Ballymorgan, the property of Manus O’Donnell – Not guilty

Terence McBride, for assaulting Bryan Teague, at Crossen, on 28th April, by cutting him on the head, with a spade – Guilty


Additional information containing the sentences imposed on the above mentioned was published in the edition of the Londonderry Journal dated August 4 1840:

The following are the sentences passed on the persons convicted at these Assizes:

Patrick Clarken – to be imprisoned for six months

Margaret and Annabella Fulton – to be imprisoned nine months

Ferdy McCrory –to be transported for seven years

Owen McGlinchy – to be imprisoned three weeks

Mary McCall – to be imprisoned two months

Catherine McCallan – to be imprisoned nine months

Jane and Rebecca Groves – to be imprisoned six months

Ellen McGuigan – to be imprisoned six months

Thomas Keenan – to be imprisoned for twelve months , and hard labour

George Anderson – to be imprisoned six months

John Kelly for stabbing Charles McKenna, of Omagh – to be imprisoned for six months

Robert Colhoun, for embezzlement – to be imprisoned for twelve months

Peggy Martin, an idiot, indicted for child murder – sent to the Lunatic Asylum

William Hunter, otherwise McCrea, and John Allen, for cow stealing- guilty – these persons escaped from gaol before sentence was passed

Eliza Cummins and Mary Devine, vagrants – to be transported for seven years, unless bailed within three months to keep the peace

John Hamilton, cow stealing – to be imprisoned three months

James Pendergrass, for stealing five quilts and two bolsters out of the house of Charles McDougal, of Strabane – to be transported for seven years

Francis Cavanagh, for forgery – to be imprisoned three months

Robert and Rebecca Barnet, for an assault – to be imprisoned six months

John Barnet, for an assault – to be imprisoned six months

Owen McCullow, for an assault – to be imprisoned twelve months