Newtownstewart, County Tyrone, Northern Ireland Petty Sessions 1870
Extracted from the Londonderry Sentinel & Tyrone Constitution
Transcribed, Compiled and Submitted by
Len Swindley, Melbourne, Australia
len_swindley[at]hotmail.com
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NAMES OF THOSE MENTIONED IN THIS FILE
SURNAME GIVEN NAME ADDRESS ADAMS George Eskeradooey ARMSTRONG Catherine Newtownstewart BARTON Thomas Newtownstewart BLACK W. F. - BRADLEY Edward - BROGAN Mar - BROWN Catherine - BROWN John - CAMPBELL John Ballykeel CAMPBELL William Ballykeel CARROLL Sub-constable - CLARKE Mary Ann - CONAGHAN John - COOKE Isaac - CURRAN Catherine - CURRAN Mary - CURRAN Philip - CURRY Margaret Beragh DICKIE Mr - DONAGHEY William Beltany GRAY Agnes - GREER Matthew - HAGAN Charles - HERDMAN E. T. - HILL John - LAFFERTY Catherine Newtownstewart McALEER Catherine - McALEER John - McCALLION Charles Newtownstewart McCANNY John - McCAUSLAND Thomas - McCLUSKEY Peter Clanabogan McCROSSAN Daniel Lisnacreight McCROSSAN Dick Glassmullagh McCROSSAN Susan Lisnacreight McCULLION Paul Tullymuck McDEAD James Drumnahoe McGUIGGAN Catherine Newtownstewart McKENNY Sophia Gortincrea McMACKEN Patt … McMASTER Joseph … McNAMEE Mr Newtownstewart McNICKLE Mrs - McNICKLE William Ligfordrum McPHILEMY Edward Glassmullagh McVEY Constable Newtownstewart MOORE Richard - MORRIS …… - MORRIS Edward Pubble MULLEN Mr Newtownstewart MULLEN Mrs Newtownstewart MURDOCK James - MURDOCK Mary - O’NEILL Ann - O’NEILL John Cavanlee PINKERTON James Beltany QUINN Patt - ROBINSON Rev. James Newtownstewart RODGERS John - ROGERS James Glassmullagh SCOTT C. - STEEL Samuel Beltany THOMSON Catherine Newtownstewart TYNAN Matthew Samuel Bunderg WHITE James - WHITE Samuel - WILSON Mr -
***ORIGINAL SPELLING HAS BEEN RETAINED***
NEWTOWNSTEWART PETTY SESSIONS FEBRUARY 1870
February 8 1870 (Londonderry Sentinel)
Thursday
Before W. F. Black, Esq., J.P., and John Rodgers, Esq., J.P., Sub-Constable Richard Moore summoned Wm. McNickle, of Ligfordrum, for selling whiskey without a licence, contrary to the statute of 17th and 18th Vic. Chap. 89 and section 3.
The Sub-Constable examined Matthew Greer, who deposed that his mother and brother went to McNickle’s on Sunday, the 14th of October, for the purpose of getting a taste of the real “mountain dew”, on the quiet. Mrs McNickle produced a large black bottle and generously filled the order and charged 1s. The witness endeavoured to shirk the evidence as far as possible.
McNickle, in his defence, denied that he sold the whiskey. He asserted that it was given in friendship by his wife, and that the summons was the result of spite, as he had summoned a man for keeping a goose or gander, his property, and that it was a very shabby piece of information.
The Bench thought the case clearly proved, and fined him, as it was a first offence, 10s and costs.
TRESPASS IN PURSUIT OF GAME
The Duke of Abercorn complained against John McCanny for trespass in pursuit of game on the 16th of January.
Joseph McMaster proved that he saw the defendant , with a dog, beating the cover.
McCanny, in his defence, endeavoured to deny that he was the man. He used some strong observations to prove his innocence, remarking a certain dark ruling power would not take £5,000 a year for McMaster’s services.
The Court cautioned the defendant and fined him 1s and costs for the trespass.
BOUND TO THE PEACE
Samuel Hood, sen., summoned Hugh Toland for using scurrilous and abusive language to him on the public street, and he was bound to the peace.
ASSAULTS
John Kilpatrick summoned Barney Taggart and Patrick McDonnell for an assault, and they were fined 5s each and costs.
William Dunbar charged Luke Rice with an assault. The case was dismissed.
John Hill, Sheriff’s officer, summoned James White and Samuel White for an assault and rescue of a cart when levying a decree against Mr. White. Mr. White produced receipt for the money, but as it did not come within their Worships’ jurisdiction, the case was sent for trial to the Quarter Sessions
The Court shortly afterwards adjourned.
NEWTOWNSTEWART PETTY SESSIONS, MARCH 1870
March 11 1870 (Tyrone Constitution)
Thursday
These sessions which were held before Wm. F. Black, Esq., J.P., were barren of interest. The following is a list of the cases:
Sub-constable Richard Moore v. Susan McCrossan, of Lisnacreight, for selling spirits without licence. Fined 5s and costs.
Same v. Margaret Curry of Beragh. Same offence and like fine imposed.
John Campbell, Ballykeel, (represented by Mr Dickie.) fought for informations against William Campbell, his brother (represented by Mr. Wilson.) for taking forcible possession of complainant’s house, on the 16th February last. The magistrate did not consider it a forcible entry within the meaning of the act, and refused to take informations.
Agnes Gray, Mary Ann Clark and Margaret Clarke summoned Ann O’Neill for an assault, and wilful injury to their wearing apparel. This case arose from one of a series of skirmishes with the above. The assault consisted in the splashing of the contents of a “piggin” of milk over the young ladies, who each produced their damaged “jockies” for the inspection of his worship, who awarded five shillings to remove the stains, and costs of court.
Isaac Cooke sought for the sum of 20s, value of a sheep killed by the dog of George Adams, of Eskeradooey. 7s 6d and costs only were awarded.
Daniel McCrossan, Lisnacreight, summoned Edwd. McPhilemy, of Glasmullagh, for breach of contract as a servant, and claimed £1 for loss sustained. Case dismissed.
John Conaghan v. Patt. McMacken – wages. Postponed.
Patt Quinn v. Charles Hagan – wages. Postponed.
Catherine and Mary Curran v. Edward Bradley – wages. Postponed
Philip Curran v. Edward Bradley - wages £5 5s. Decreed.
A few loan fund and trivial cases completed the list, when the court adjourned to Thursday, 7th next
NEWTOWNSTEWART PETTY SESSIONS JUNE 1870
June 10 1870 (Tyrone Constitution)
Thursday
Before John Rodgers, Esq., W. F. Black, Esq., and E. T. Herdman, Esq.
John O’Neill of Cavanlee, summoned Samuel Matthew Tynan, of Bunderg, for £1 3s. 14s of which was claimed for loss of time and shoe leather, in making numerous journeys looking for his own. Decree was for 9s and costs 2s 6d. The decision was opposed by Mr Tynan, who begged their worships would make it a guinea, to enable him to appeal. Petition not granted.
Samuel Steel of Beltany, summoned two parties named James Pinkerton and William Donaghey of same place for wages due for scutching flax. The objection made by Mr Pinkerton was, that the price he got for his flax was so low than an inferior quality must have been given him, but though there were plenty of witnesses, as he stated, and none being produced, the magistrates denounced this statement, as to say the least of it, absurd in the absence of proof, and granted Mr Steel a decree for £1 7s 11d in full and costs. The defence in the other case was even more curious, it was that Donaghey had got a trial beet of flax scutched, which produced so well, that he supposed he should have the largest yield ever heard of in the country. But behold, when he got it from Mr Steel’s mill it fell so far short of his hopes and expectations that he could not think of paying for the scutching of it. The Justices could not see the case with his eyes, and asked him to pay 14s 6d and costs.
James Fulton was ordered a warrant to arrest James McDead of Drumnahoe, who had left his employment, and had not attended the summons issued against him
James Rogers of Glassmullagh, summoned Mary Brogan, a fine black-eyed girl, for failing to enter on her service , contrary to a written agreement signed by her, to serve for six months as a female servant. Her excuse was that after she had agreed, her mother took suddenly ill, and on the same day she gave verbal notice to Mr. Rogers that she would not go to him, this he denied distinctly, and after a long investigation of the matter with the magistrates postponed the case for a month, to enable the girl to produce evidence as to the verbal notice, and as to her mother’s health.
Dick McCrossan of Glassmullagh, processed Paul McCullion of Tullymuck, for £1, cash lent. This was a case of “Greek meeting Greek”. Dick had sold a field of corn to McCullion, containing an acre “be the same more or less”, for which he had passed a note. Before it fell due the buyer discovered that less it was, and perhaps dreading a difficulty as to the deficiency thought he would make a “friend of the mammon of unrighteousness” and borrowed £3 from Dick, and in paying him, managed to reserve the £1 now sought for.
The magistrates finding that the full amount of the note had been paid, agreed with Mr McCullion that “ he had done wisely,” and ordered McCrossan a decree for the balance between the deficient measure and the money reserved, 5s and costs.
A number of other cases were also disposed of.
NEWTOWNSTEWART PETTY SESSIONS AUGUST 1870
August 19 1870 (Tyrone Constitution)
Thursday
Before E. T. Herdman (chairman); John Rodgers, W. F. Black and C. Scott, Esqrs.
Sub-constable Carroll, summoned Edward Morris, of Pubble, for drunkenness and oft repeated disorderly conduct whilst under the influence. He was fined 5s and costs.
Constable McVey summoned a veteran named Morris, otherwise, “Sojer Jemmy” – who bears on his countenance the red brand of many a hard drink, with a repetition of an offence, for which he has been often before their “worships” both in and out of court. He pleaded the heat of the weather, as an excuse for excessive thirst and the heat of the water as an excuse for using a drop of “sperats” to kill the animalculae”. And finding the mixture good, he took a drop too much, and he was much obliged to the gentlemen who took care of him in the barracks. Fined 2s 6d and costs.
An old woman, small and weird-like, named Catherine Thomson, summoned Catherine Armstrong, otherwise “Kate the man” so called from her masculine bearing, for an assault at Grange, Newtownstewart, on 25th and 28th July last. The complainant has a pair of wonderful goats, so well trained, that when browsing along the fences and occasionally on the crops in the town parks, they obey the “danger signal” of the approach of the landowners, and jump gaily onto the road, looking all innocent-like. Well, it appeared that the little animals ceased to give milk, and the old woman was charged with having “blinked” them, and words ensued, coming on to blows, but as they were not proved to be serious, and besides, as there was a sort of invitation given by the old woman to strike her, the magistrates dismissed the case.
James and Mary Murdock, summoned Thomas McCausland, for an assault coming home from Gortin fair on the 6th July last. It commenced by McCausland very foolishly throwing a hedgehog which he picked by the way, at the young woman, who “protected herself’ by attacking him with a bottle. The husband of course joined in the melee and she was thrown rather rudely into the ditch. Fined £2 and costs, one third of penalty to complainant.
A postponed case against Sophia McKenny, Gortincrea, for selling spirits without licence was next brought on by Sub-constable Carroll, who produced two witnesses who proved the case against her very clearly, and it being offence No. 2, at least, she was fined 20s , or go a month to gaol.
Some other unimportant cases were then disposed of and the Court adjourned until Thursday, 1 st September
NEWTOWNSTEWART PETTY SESSIONS NOVEMBER 1870
November 11 1870 (Tyrone Constitution)
Thursday
E. T. Herdman, John Rogers and W .F. Black, Esqrs, held the usual monthly sessions here this day.
The Rev James Robinson summoned Catherine McGuiggan, for on the 21 st October, 1870, at Newtownstewart, having unlawfully and maliciously thrown down and destroyed a fence in his garden, and also for a trespass. From the evidence it appeared that the garden is connected with the preacher’s lodge, but at the opposite side of the road, and adjoining the garden, stands the house of the defendant, to whose back premises the nearest way is through this garden, and having been used as a passway the complainant sought to stop it, but was resisted by the defendant, and when the fence was made up, she tore it down. The bailiff of the estate, Mr. McNamee, proved it to have been, to his knowledge, used as a pass for 30 years, but admitted having heard that within 20 years an old house stood where the pass now is. He also stated that the agent had directed the pass to be kept open for the use of the defendant.
The magistrates, considering that a supposed right, as well as a property claim were involved, dismissed the case without prejudice to Mr. Robinson’s bringing the matter to another tribunal.
Catherine McAleer and Catherine Brown, relicts respectively of the late John McAleer and John Brown, of her Majesty’s service, met before their worships and fought their battles o’er again, in forcibly demonstrating – by vigorous action and rhetoric, more painful than polite – how each was herself the injured innocent on the occasion of 28th September last, when the assaults by boiling water, sticks, and stones were given and received , commingled with vows of vengeance, threats of terrible significance and disclosures of dreadful doings and long hidden secrets.
During the hearing of the case, the magistrates’ powers of resistance to indulging their risible faculties, as well as their patience, were sorely tried, and at length they decided on causing each heroine to recognizance to keep the peace to enter into her own to keep the peace towards all the Queen’s subjects and particularly to each other, for one year. Subsequently the suggestion of a “shake hands” was as indignantly rejected by Mrs John Brown, and with as many grimaces, as a Parisian could use against the prosed armistice.
Thomas Barton, a carpenter, summoned his landlord, Charles McCallion, for that he on the 2nd November, 1870, at Newtownstewart, did wilfully and maliciously, damage and destroy a quantity of tools and other articles, complainant’s property, value £5. The landlord had been abroad, and had returned with peculiarly foreign notions of his rights, and duties, towards his tenantry, and not feeling satisfied with Barton’s use and occupation of the premises, he selected one of the moonlight nights last week, for dispossessing him summarily, without calling in the aid of any assistants, legal or otherwise, but set to work, and in a short time cleared the building, in doing which, the damages for doing which, the damages for which compensation was claimed, were said to have resulted. Mr. and Mrs Barton were aroused from their peaceful slumbers by the noise, and on looking out, found Mr. McCallion actively dragging carts, cartwheels, and logs of timber &c. off the premises. A witness was produced to assess the damages, and McCallion was ordered to pay compensation of £1, or to be imprisoned in default.
On Sunday the 30th October last, a man called Peter McCluskey, of Clanabogan, called during the hours of divine service, in the absence of Mr. Mullen, at his house in Newtownstewart, and found Mrs Mullen at home. He entered into general conversation with the “missus”, interspersing his remarks, no doubt in honour of the day, with questions from scripture, and wound up by asking for a drink of cold water. This Mrs Mullen hastened to procure, and he was seemingly so satisfied with his draught, that he immediately bid her good morning, and departed. The scene was changed, and he next appeared in Mill-street as a public benefactor, anxious to sell a wool handkerchief worth 7s for eighteen pence and Catherine Lafferty took it at the price, and he again made a hurried departure. When he next appeared it is in the custody of Constable McVey, who in the meantime had learned that soon after that the man had went his way, Mrs Mullen missed her nice wool handkerchief, that had been on a chair in the room, whilst our pious friend had been holding forth. – Then the Constable set his wits to work and the result was that Peter McCluskey this day appears at the bar of justice to account, if he can, for the possession of the article. He pleads ignorance of the whole affair. He believes he must have been drunk. He is sure the decent ladies are telling the truth, and he would leave it all to his reverence, Mr. Black and the gentlemen. They decided that for one month he would, between the intervals allotted for hard labour, be permitted to ruminate on the ups and downs of life in these eventful times, in Omagh gaol.
A few uninteresting cases completed the list, and the Court adjourned until the 1st December next.
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