Search billions of records on Ancestry.com
   

The Witness - Friday, 19 March, 1875

Births

EDGAR--March 12, at 2, Clifton Terrace, Ranelagh Road, Dublin, the wife of the Rev. R. M'Cheyne Edgar, M.A., of a son.

RHIND--March 16, at 7, Mountpleasant, Belfast, the wife of Robert H. Rhind, Esq., of a daughter.

Marriages

DOBBS--MORRIS -- March 13, at St. Mary Magdalen, St. Leonard's-on-Sea, Conway Richard Dobbs, Esq., Castle Dobbs, Carrickfergus, Co. Antrim, to Winifred Susanna, youngest daughter of Benjamin Morris, Esq., Lewes.

FAULKNER--MATTHEWS -- March 11, at the Wesleyan Methodist Chapel, Downpatrick, by the Rev. George Kirkpatrick, James (Killyleagh), third son of Mr. Andrew Faulkner, Govan, Glasgow, to Jane, eldest daughter of Mr. Thomas Matthews, Inch, Downpatrick.

M'CLAY--SHAW -- March 12, at Templepatrick Presbyterian Church, by the Rev. H. M. Hamilton, Mr. Francis M'Clay, Whiteinch, Glasgow, to Sarah Jane, only daughter of the late Mr. Thomas Shaw, Roughfort.

MAY--GILBERT -- March 17, at Mountpottinger Presbyterian Church, Belfast, by the Rev. H. Osborne, M.A., George May, Esq., to Mrs. Eliza Gilbert.

Deaths

ELLIOTT--March 18, at his residence, near Smithboro', Co. Monaghan, the Rev John Elliott, Presbyterian Minister of that place, in the 85th year of his age, and 59th of his ministry. His funeral will take place to-morrow (Saturday) at twelve o'clock.

ARMSTRONG--March 12, at Stoke, Devon, Amy Cole, wife of the Rev. John Armstrong, Kingstown, and daughter of the late Nicholas Cole, Esq., R.N., Trehill House, East Cornwall.

BLACK--March 17, at Mulloughdrin, Dromara, Co. Down, Samuel Black, aged 80 years.

BLAKELY--March 5, at Fivemiletown, Fanny Black, second daughter of Samuel Blakely, M.D., aged 4 years.

COCHRANE--March 2, Annie, the wife of Mr. Samuel Cochrane, of Taylorstown, Grange, and sister to James Graham, of Reach, Canada West, aged 28 years.

GRAHAM--March 13, at Fivemiletown, Charlotte Hall, youngest daughter of David Graham, Esq., aged 4 months.

MORELL--March 15, after a long illness, Anne Park, eldest daughter of Rev. John H. Morell, of Ballybay.

M'CALLA--March 14, at Moydalgan, Dromara, Co. Down, the infant daughter of Mr. William M'Calla.

ROWAN--March 15, at Leavallyreagh, Dromara, Co. Down, John Rowan, aged 70 years.

Clippings

THE TIPPERARY ELECTION.--MITCHEL AGAIN RETURNED.

THE High Sheriff announced the result of the polling for a representative for Tipperary County as follows:--Mr. Mitchel, 3,114; Mr. Moore, 746; majority for Mitchel, 2,368. There were 500 spoiled votes, nearly all of which were recorded for Mr. Mitchel. Great rejoicing has been manifested at the result. Nearly half the constituency polled. When O'Donovan Rossa was elected only 1,131 votes were recorded, but at last election in Tipperary Mr. Mitchel received 1,788 votes.

After the declaration of the poll the Mitchel committee sent the result by telegraph to Mr. Disraeli and the Lord Lieutenant, describing it as the verdict of Tipperary. Great popular rejoicing took place in several places of Tipperary, all the More enthusiastic because so large a majority was not expected. It is believed Mr. Mitchel has a majority in every district in Tipperary.

Referring to Mr. Mitchel's return for Tipperary by over 2,000 of a majority, the Standard remarks that there is nothing so much calculated to paralyse the efforts of the friends of Ireland, to arrest the development of that true rationalism of which she is so much in need, or to retard the era of peace and unity, than this childish folly of electing to Parliament men who profess that they will not, and who would not: if they could, take their seats.

-- -- -- -- -- -- -- --

COUNTY OF ANTRIM ASSIZES.
CROWN COURT.
SATURDAY.
[Before Right Hon. Baron FITZGERALD.]

OLD LODGE ROAD HOMICIDE.

THOMAS PATTON was placed in the dock on an indictment charging him with the manslaughter of his father, John Patton, on the 7th instant, at the Old Lodge Road, Belfast.

The prisoner pleaded not guilty, and was undefended.

The following jury was empanelled to try the case, viz. :--James Baxter, Jas. Campbell, Wm. Davison, John Ferris, James Johnston, James Law, John O'Neill, Jas. W. Patterson, Philip W. Thomas, John Campbell, Thomas Davison, and Francis R. Esler.

Ellen Patton was examined by Mr. HENDERSON, and deposed that she lived with her father, John Patton, who was a boot and shoe maker at the Old Lodge Road. On Saturday night last her father came home ,something the worse of drink. There was some little quarrel between her father and her brother Thomas, the prisoner. About twelve o'clock they all went to bed, witness, her mother, and her sister, and her brothers Samuel, John, and Thomas. About half-past one o'clock her father got up and took a poker and threatened he would kill her mother.Thomas then jumped out of bed, and her father and he had a squabble. She then ran down stairs and got a. candle and saw her father and Thomas in holds, and her father had blood on him, and shouted he was killed. She then ran to the door and screamed, and her brother, the prisoner, in the meantime put on his clothes and ran out.

To his LORDSHIP--My father was threatening he would kill my mother with the poker, and, did strike her once. It was then that Thomas jumped out of bed.

John Patton, brother of the prisoner, deposed that he came home to his father's (the deceased's) house about eleven o'clock, and went to his bed about twelve. Two of his brothers and his sister went to bed with him. His father was the worse of drink. His father afterwards got up a poker and swore he would have a life. He carried on that way for half an hour. He then fell asleep, and awoke with some noise, and then saw his father and brother Thomas in holds. When a light was brought he observed his father bleeding. He put on his clothes, and his brother went down and put on his boots. He then went upstairs agaIn and found his father groaning. He then went out and brought a doctor and two policemen. His father had asked to be taken to the General Hospital.

To the prisoner--I could not say if you took the poker out of my father's hand.

Prisoner--Did he tell me he had more than one weapon.

Witness--I heard him say he had more than one weapon.

His LORDSHIP--Was that while the struggle was going on?

Witness--It was after the struggle went on.

His LORDSHIP--Was your father lying or standing at the time?

Witness--He was standing up.

Constable King deposed that on Sunday morning last he entered the deceased's house and found him lying on the boards on his right side. He saw a great quantity of blood about him, and he had a wound on his right breast. He asked witness if he was bound to criminate himself, and he replied no, but that as he was dying, he should tell all about the occurance. Deceased then said "The tools are mine. I was drunk."

Thomas Bustard deposed that about three o'clock on Sunday morning last he heard a noise in a house in Old Lodge Road. He went in and saw a boy and woman crying. The woman brought down the knife [produced], and said that was what had done it. The knife had blood on it.

Dr. Murney deposed that he examined the body of the deceased on Wednesday, the 10th inst. He observed ten wounds on the right side of the face and neck. Five were superficial, and five were deeper. Of these the two principal had cut into important veins. The internal jugular vein was cut in two places, and a larger vessel was also cut. These wounds were sufficient to cause death.

In your opinion, could the deceased have inflicted these wounds on himself? One he might have inflicted himself, but he could not have inflicted the two fatal wounds.

Would a weapon like the knife [produced] be sufficient to cause the wounds? Yes. I found blood on the shirt [produced] (the prisoner's shirt).

Dr. SPEER proved the identification of the body of deceased. He saw deceased before he died. He was lying in a pool of blood. He died in less than five minutes from the first he saw him.

The prisoner not desiring to make any statement. His LORDSHIP charged the jury. After recapitulating the facts, he said the first was whether one or other of the wounds was inflicted by the prisoner; and if so, whether the circumstance afforded any evidence of justification or excuse for the act. From the medical evidence, which showed that the wounds could not have been self-inflicted, and the fact that the prisoner ran away after the struggle, they would have little difficulty in coming to the conclusion that he committed the act. The next question would be whether there was justification or excuse. If they believed that the prisoner rose out of bed under a real apprehension that his mother's life, his own, or any other member of the family was in danger--and that in the struggle with his father he armed himself with the weapon, and in the heat of the struggle, and in attempting bona fide to protect his mother, that would be justification or excuse, particularly if they thought that the knife was in the father's hand before the son got possession of it, and that the latter had been undressed and in bed, and got up to protect life or limb.

The jury then retired.

THE VERDICT.

On the return of the jury, the FOREMAN, in reply to the Deputy Clerk of the crown, said they found the prisoner GUILTY of MANSLAUGHTER, but recommended him to mercy.

His LORDSHIP--What are the exact grounds of your recommendation?

The FOREMAN--Extreme provocation, my lord.

THE SENTENCE.

His LORDSHIP, addressing the prisoner said --Thomas Patton, the jury have found you guilty upon the charge of killing your father. That has been accompanied by a recommendation to mercy for which I think there is foundation, because it appears, so far as we have heard from the evidence, that you were actually in bed upon that night when your father came into the room threatening either the life of your mother or of some of the family. You appear to have gone to bed undressed, and you so continued for a considerable space of time, and it was some minutes after your mother received a stroke that you rose. Your father was, however, continuing his threats; but having regard to the number of wounds found upon your father's person it is impossible to say that what was done was merely what was necessary for the protection and defence of the family. The jury have recommended you to mercy, but I cannot satisfy justice otherwise than by sentencing you to TWELVE MONTHS' IMPRISONMENT, with hard labour.

The prisoner was then removed.

-- -- -- -- -- -- -- --

THE FAMINE IN ASIA MINOR.

THE following episode is given of the distress caused by the famine in Asia Minor:--A Turkish lady, mother of five or six children (the eldest eight), went on board at Sansoum, to join her husband at Constantinople, who had deserted her for several years. The unfortunate woman with her ragged children had to rely upon the charity of her fellow passengers during the voyage. On landing at Eregli, the manager of the collieries having come on board, and seeing the poor children, asked the mother whether she would part with one. "Take your choice." was her answer. The manager left the ship with the eldest one, a girl of eight. Some minutes later another resident hearing of the occurrence, also went on board, and made the acquisition of another of the children for a trifling sum. When she separated from her babes the mother did not shed one tear nor utter any complaint; misery had stifled all maternal love. She probably knew, also, that by this separation her children would be safe from starvation.

-- -- -- -- -- -- -- --

AMENDMENT OF THE LAND ACT.

MR. SHARMAN CRAWFORD, in conjunction with Mr. Dickinson, Mr. Richard Smyth, and Mr. Macartney, has introduced an important Bill to amend the Landlord and Tenant (Ireland) Act, 1870, and copies have just been issued to members. This measure declares that--

Whereas, by the Act it proposes to amend the usages prevalent in the province of Ulster, known as the Ulster Tenant-Right Custom, were declared to be legal, and it was enacted that in the case of any holding in the said province proved to be subject thereto, the same should be enforced in a manner therein mentioned. And whereas difficulties have arisen in carrying the said provisions into effect, and it is expedient to amend the said Act as follows:--

1. Every holding situate in the province of Ulster shall, until the contrary is proved, be presumed to be subject to the right or privilege on the part of the tenant thereof.

2. Such presumption shall not be deemed to be rebutted by proof that the tenant holds, or has held under a lease or other written contract of tenancy, unless such lease or contract has expressly excluded such a right or privilege.

3. Such presumption shall not be deemed to be rebutted by proof merely that the holding or any part thereof has been surrendered to the landlord for the time being by the present or any previous tenant, nor any of his predecessors in title had on coming into the holding paid any money or given any other valuable consideration to the outgoing tenant of such holding.

4. Such presumption shall not be deemed to be rebutted by proof that restrictions upon the amount to be obtained, if proceeded against by ejectment for non-payment of rent or otherwise disturbed by the landlord, or if at any time desiring to quit his holding, of selling such holding, subject to the payment of the rent at which the same is held, or such fairly valued rent as may be payable in respect thereof, from time to time to any incoming tenant to whom the landlord shall not make reasonable objections, or on resumption of the holding by the landlord of receiving from him the value of such holding, as if the same were so sold to such incoming tenant as aforesaid, provided always that out of any monies payable to the tenant by reason of any such sale or resumption, there shall be paid to the landlord all sums due to him from the tenant or his predecessors in the title for rent or otherwise in respect of the same holding, or paid to the tenant if his holdings have been improved by the landlord or his predecessors in title.

5. A tenant entitled to sell his holding may sell the same either by public auction or by private contract to any person to whom the landlord shall not make reasonable objection as aforesaid, provided always that if the landlord himself desires to resume possession of the holding he shall be entitled to do so on paying to the tenant such sum as the holding would realise if sold, as aforesaid, to an objectionable tenant.

-- -- -- -- -- -- -- --

AGRICULTURAL RETURNS FOR 1874.

THE Irish general abstracts showing the acreage under crops and the number of livestock in Ireland in 1874, prepared by the Irish Registrar-General have just been published. The total area under crops of all kinds was 5,267,839 acres, a decrease of 2,907 acres compared with the previous year. 12,187 acres were fallow or uncropped, against 13,454 in 1873. The extent under crops in Leinster was, in 1874, 1,466,310 acres--decrease, 5,544; in Munster, 1,272,004--increase, 5,223; in Connaught, 717,052--decrease, 4,084; and in Ulster, 1,812,456--increase, 1,492. The falling off in the area under flax in the last-named province was 20,526 acres. There were 525,770 horses in the country in 1874, or 6,677 fewer than in the preceding year; 4,118,113 cattle--decrease--28,989; 4,337,613 sheep--decrease, 46,907; and 258,648 pigs--increase 52,040.

-- -- -- -- -- -- -- --

LADY FRANKLIN and Mr. J. G. Bennett (New York Herald) are sending an exploring party to accompany the Arctic Expedition. .

THE Chief-Secretary for Ireland does not intend to bring in a Bill this session to deal with the subject of intermediate education in Ireland.

A BOILER explosion occurred on board the steamer "Lord Athlumney" while going up the river Boyne on Tuesday.

-- -- -- -- -- -- -- --

COUNTY OF ANTRIM ASSIZES.
TUESDAY.
THE TEMPLEPATRICK MURDER.
[Before Right Hon. Baron FITZGERALD.]

THIS morning being fixed for the trial of Wm. Bill for what is known as the Templepatrick murder, the scene in Court was more than usually interesting and exciting. A few minutes after ten o'clock the counsel on both sides having taken their places, the prisoner was arraigned. In reply to the question of the Deputy Clerk of the Crown as to whether he was guIlty or not of the murder of Margaret Langtry, he answered seemingly with an effort, and with a voice rather husky "Not guilty." Are you ready for your trial? again asked Mr. M'Cormick. "Yes," replied the prisoner, in a voice noticeably more faint and shaky.

Dr. Elrington, Q.C., Messrs. Henderson, Q.C., M'Mahon, Q.C., M'Blain, LL.D., and Mr. Dodd, instructed by Mr. Greer, Crown Solicitor, represented the Crown.

Mr. WM. M'MECHAN, instructed by Mr. Harper, appeared for the prisoner.

After Mr. HENDERSON, Q.C., had stated the case for the Crown, the following witnesses were examined :-

Mr. Waters, surveyor, was sworn and examined by Dr. ELRINGTON, Q.C, Witness proved the accuracy of the maps and models.

David Bill, sworn and examined by Mr. M'MAHON, Q.C., deposed that he lived at Ballycushion, and knew the prisoner, who was his nephew. The prisoner was in the habit of working with him, during which time he slept in the house. Witness went to Belfast on Friday morning, and before leaving took some money with him which he got from deceased, who took it from a chest. Witness thought there was about 16 or 17 in the box, mostly in notes, but some was in silver. The prisoner was in the habit of visiting his house, and sometimes came by the Six-Mile Water. There was a ford across the latter in October, and when the water was low it would have reached about the ball of the leg, and when high above the knee. On Friday morning the deceased was in good health when witness left for Belfast, and returned a.bout ten o'clock. When he reached the house he saw the door open. There was no lock on it but a bolt. When Margaret Langtry was alone inside it was usual to bolt the door. He went into the kitchen, and he was so surprised that he could hardly stand on his feet. There was a whole bulk some five or six feet long lying across the fireplace all smoking and blazing. He observed the countenance of Margaret Langtry in the middle of the smoke. She was lying on her side with her head towards the front of the house, and her feet towards the rere. He then ran in desperation for water, and threw canful after canful on until he put out the fire. He ran up stairs to see about the children, who were lying asleep, and saw a chest broken open, with a hatchet lying beside it. [Witness here pointed out on the model the positions in which he found the children sleeping.] He came down stairs and went into the parlour, the window of which was lifted half-way up. There is a table against the parlour window, on which he saw something like the mark of a foot, and there were some cream crocks near it. Witness then gave an alarm to the neighbours, and met Mary Conway, to whom he said that Margaret Langtry was burned to a cinder. He then returned to the house, where John Bill and John Boyd followed him. He showed them the chest, the contents of which were strewn about the bed and floor. They then looked at the back and front windows, through which there were several holes. He missed a crowbar twice, which was afterwards found in two places, where witness thought some party had put it out of the children's way. Prior to this there was some talk about a piece of burial-ground between the prisoner and deceased. The prisoner might have known that there was money in the house, and that he was making up his rent.

Cross-examined by Mr. M'MECHAN -- I did not think much of the marriage of the deceased, my niece. Her husband was at service, and came sometimes to see her. The death of Margaret Langtry will not give any one a greater right to the farm.

Do you think Wm. Bill would murder Margaret Langtry because she was angry with his brother John? It is not like the thing.

By a JUROR--Was the money in tho box exposed to view? Well, it was.

To Mr. M'MECHAN--I heard nothing from the police on the night of the occurrence about paper, or "colfin," or wadding.

Were Margaret Langtry and William Bill on good terms?--I never saw any dispute between them in my time.

Mary Conway, examined by Dr. M'BLAIN, deposed that on the evening of the 30th October she had her tea with the deceased in David Hill's house, and left to go home at seven o'clock.

Jane Brown deposed that she lived about a quarter of a mile from David Bill's house. On the evening of the 30th October she heard a. report as of the discharge of a gun come from the direction of David Bill's house.

Joseph Graham, brother of last witness, gave similar evidence, and fixed the time as on the "other side of eight." It was a. calm, dark, dry night.

Medical evidence having- been given by Drs. M'Crea and Clugston,

Hugh Quinn, examined by Dr. M'BLAIN, deposed that he had known the prisoner for many years, and worked with Bill's brother in Scotland, which place they both left and went to the prisoner's father's house, where they arrived on the 22nd October. On Wednesday previous to the murder the prisoners mother asked if David Bill was going to Belfast on Friday. The prisoner said that he had a falling out with his cousin, and that if she was a man instead of a woman she would not have got off so easy. Witness remained in the prisoner's house till a quarter past eight o'clock on the night of the 30th October. The prisoner was not there then, and had not come in that he saw. His mother and two sisters and brother were in the house. Witness then went out with prisoner's two sisters to a shop. They did not get what they wanted at the shop, and he went to Fleming's public-house, which was about ten minutes' walk farther. He remained in the shop two or three minutes, and then returned to the prisoner s house in company with the prisoner's sisters, and returned to the house about nine o'clock. About threequarters of an hour afterwards he went into the bedroom and saw the prisoner in bed, with his brother Francis. It was then ten o'clock by the prisoner's watch. Witness then went to sleep into the same bed. On the following morning he saw the prisoner arrested by Constable Gowan.

Cross-examined by Mr. M'MECHAN--I was "tuk" to Templepatrick barracks on the 31st Oct. I was told I was to be brought before a magistrate, but I was brought before none till the 28th November. Head-Constable Kerr told me a lie then. 1 told my story to the police twice or three times.

Elizabeth Thompson, to whose shop the last witness went for oil, fixed the hour about nine o'clock.

Ann Jane Fleming deposed that the clock had struck nine when Hugh Quinn called at her shop on the night of the 30th October.

Constable Gowan, Templepatrick, deposed that he heard of the murder about half-past 12 o'clock on the night of its occurrence. He then went to David Bill's house, and saw the body of deceased, the position and appearance of which, as also of the different articles in the house, he described. He saw part of a footmark on the table near the window, the lower portion of which was open. He afterwards went to the prisoner's residence, which he reached about a quarter-past four o'clock. He went to the room in which the prisoner slept. The prisoner was not asleep. He saw trousers, vest, and coat on a chair in the room. The trousers were wet, and "slabbered" at the bottom. The bottoms were quite saturated for about six inches, and they were "spattered" a little higher. One of the suspenders was damp, and the inside lining of the back of the waistcoat was also damp. He believed the damp on the back of the vest was from perspiration. The pockets and waistband of the trousers were damp from the same cause. The coat was dry. The night was dry, and there had been three or four dry days before. The roads were dry. He found boots under the bed. They were very wet--ringing wet, and water lying in the insoles. The clothes were produced and identified by the witness. He also detailed the conversation he had with the prisoner when he told him to consider himself under arrest. Prisoner then got up. He was perspiring and seemed nervous, and when in bed his hands appeared weak. The wet boots he afterwards put on the prisoner, and they fitted exactly. Witness asked prisoner's father if the boots were prisoner's but he said there were so many he did not know and the prisoner said his sister had worn them working at potatoes. The witness was also questioned as to the ford and the distance from David Bill's house to prisoner's. He went from the ford to prisoner's house partially running and partially walking. It took him thirty-five minutes, and David Bill's house was about three minutes' walk from that. He also crossed the ford on two occasions when the water was higher than it was on the morning after the murder, and it did not take him up to the knees. The gun was then produced, and witness showed that the barrel could he separated from the stock. He said if the barrel was put up the arm about three inches of it would be exposed. There was a large pocket in prisoner's coat which would hold the stock.

Cross-examined by Mr. M'MECHAN--The socks were damp, but not wet.

Counsel proceeded to read witness's depositions, to show that he said they were wet. Didn't you, intend to convey that the socks were wet? I did not. They were damp from perspiration.

Sub-Constable Lynch deposed to having gone to the house of David Bill at about a quarter to seven o'clock on the morning after the murder. He corroborated the last witness as to the appearance of the house.

Evidence was then given of the pieces of paper found in and near the house of the deceased, and portions of them were compared with portions of the Morning News, found in prisoner's house, and they appeared to correspond. This portion of the investigation occupied a considerable time.

The Court shortly afterwards adjourned till next morning.

WEDNESDAY.

THE hearing of this case was resumed this morning at ten o'clock, before the Right Hon. Baron Fitzgerald, in the Grown Court.

The first witness called was

Head-Constable Kerr, who deposed that he visited the scene of the murder at seven, and the prisoner's house at eight on the morning after the murder. He saw a constable find in the latter house a gun, a pair of trousers, and an old vest. He went back at a later part of the day and took possession of the gun [identified]. He found a small piece of paper [produced] on the nipple of the gun. He also found a piece of lead in a drawer, and saw other pieces found by other constables. Did you examine the window of the prisoner's bedroom? I did, on the 15th February. It opens with a hasp like a door, opening on the inside. Could it be possible, if that sash were open, for a man to go in there? Quite possible. The sill is about 12 inches from the ground. I made a search in prisoner's house on the last November. I found some pieces of newspaper [produced] on the 15th February. It opens with a hasp like a door, opening on the inside. Could it be possible, if that sash were open, for a man to go in there? Quite possible. The sill is about 12 inches from the ground. I made a search in prisoner's house on the 1st November. I found some pieces of newspaper [produced]. On the previous day I observed the mark of slugs on a chair, and on the wall opposite the back window.

Cross-examined by Mr. M'MECHAN--Could you conceal the barrel of the gun up your arm ? I could if I wore the same coat it is said the prisoner wore, but two or three inches of it would be exposed. But would that be the way to conceal it? It would not be much seen on a dark night. Several experiments were here tried by the witness, as to the place in which the gun might have been concealed, but ultimately at the request of the jury he put on the coat said to have been worn by the prisoner on the night of the murder. It was a worn and patched morning coat. The witness got on the table and put the stock in an inside pocket, and the barrel up his right sleeve. The barrel extended about four inches below the fingers of the witness. [In this position he moved his arm backwards and forwards as if walking. The appearance he presented was at first rather stiff, but afterwards became more free.] Do you think that would afford concealment? A good deal. Constable Gartland proved the finding of the gun at prisoner's house on the morning after the murder. The gun appeared to have been recently discharged. An old pair of trousers and vest were attached to it. He afterwards searched the house, and found six slugs [produced] in a drawer.

John Thomas, foreman and overseer of the Glasgow Evening Citizen. He produced a copy of that paper dated 19th October, 1874, and said it was published under his supervision.

Mr. M'MECHAN objected.

His LORDSHIP did not think that sufficient proof.

The witness, in reply to various questions said he "made up" the paper, took the particular paper produced off the file kept in the office (though he had not put it there himself) and that he remembered some of the contents of the paper, but his lordship held all these insufficient proof, and said there was a legal method of proving publication which had not been adopted in this case.

The witness, in reply to various questions, said he "made up" the paper, took the particular paper produced off the file kept in the office (though he had not put it there himself), and that he remembered some of the contents of the paper, but his lordship held all these insufficient proof, and said there was a legal method of proving publication which had not been adopted in this case.

Sub-Constable Murphy, examined by Dr. M'BLAIN, deposed that on Saturday morning, about two o'clock, in company with Sub-Constable Mahon, he went to Bill's house, where he found Constable Gowan and David Bill. Witness was placed in charge of the house. He examined the windows, the glass of which was broken, and the sash scraped. He found seven slugs near the front window, and some of them on the ground. The milch crocks inside were undisturbed. .

Sub-Constable Joseph Harper deposed that on the 27th of November he walked from the prisoner's father's house to where deceased was murdered, and it took him 391/2, minutes to do it. A. person could have gone "easilier" at night who was acquainted with the road.

William Taggart, a little boy, about 12 years of age, deposed that he worked at the Doagh mill. The work in that mill stopped at ten minutes past six. On the evening of the 30th of October he left the mill at the usual hour. He waited about five minutes for his sister, who went into the post office. He waited outside there, and saw a man at the pump. He was a tall man, with light trousers, moleskins. The coat looked grey, but the man had it behind him. He saw what was like the peak of a cap. Witness saw what he thought was the head of a stick, and that it was up his sleeve. There was light opposite. When his sister came out he went across the street till he was about two yards of the man, and when they came near him he turned on his step and went on whistling. When he came nearer he saw that what was in the man's hand was thicker than a stick. The man went on Church Lane. He was looking round every two or three minutes to see if they were coming behind him. Witness and his sister got frightened then, and walked slower, and his sister stopped to tie her boot. When they went to the Irish "loaning" the man came after them running and caught up to them at the bridge. '

His LORDSHIP--Are you sure it was the same man? Yes.

A. C. Montgomery, Esq., R.M., deposed that in the Antrim Bridewell on the 6th November, the prisoner was placed with eight other persons in a room, and the last witness pointed to the prisoner and said, "That's the man, I think."

Cross-examined--You took depositions in this case? Yes. The informations were taken in secret? No. Were the people admitted? In Belfast they were not. In Antrim it was in a public place. Were the reporters admitted in Antrim? One. On one occasion when they applied they were refused admittance. The prisoner had no professional assistance in Antrim? No.

Annie Taggart, sister of the last witness, corroborated the evidence of last witness with regard to the man, but said it would take twenty-five minutes to walk from her father's house to the mill. She also said that they followed the man for protection, and that she did not observe him turning his head.

After some unimportant evidence from John Killen, the case for the Crown closed.

Mr. M'MECHAN then proceeded to address the jury for the defence, and called the following witnesses :-

John Bill, father of the prisoner, deposed to deceased having given him a cheese, which he wrapped up in a large piece of newspaper and took it home. He also deposed to what took place on the night of the prisoner's arrest. He asked the prisoner to get up and he did so, and went away with the constable, who told him he would have go to Templepatrick till he would see more about it.

Sarah Barr deposed that she resides about a quarter of a mile from the prisoner's house.

On the night of the 30th October, while she was on the loft going to bed, she heard the prisoner, whose voice she knew, asking if she was going to bed so soon. She made no answer, and he said if she did not answer he would throw his rabbit in at the window. There is a window on the loft. This took place about ten minutes or a quarter past eight.

On cross-examination she admitted she told Constable Gowan the prisoner had not been in the house, but she did not say he had not been at the house.

Mary Bill, sister of the prisoner, deposed that on the 30th October she wore the boots of the prisoner in the pig-yard, which was dirty, and having washed them in the afternoon she hid them behind the barrel, so that her brother should not see them. In the evening, about seven o'clock, she went into the prisoner's bedroom and saw the gun over the bed. She put her hand to the stock and pushed it over. When she came in from the shop with Quinn there was a pot on the fire, which she found to contain rabbit soup.

To Dr. ELRINGTON--It was about four o'clock when I washed the boots. The police asked me nothing about the boots, and I told them nothing.

Elizabeth Bill, another sister, deposed that on the same evening she got some fresh rabbit soup for supper.

To Mr. M'MAHON--Hugh Quinn was in at the time we had the soup, but he got none. I never told the police about the rabbit.

Rosanna Bill, mother of the prisoner, deposed that on the night of the 30th October the prisoner left the house about six o'clock taking with him a rabbit snare, and he afterwards returned with a rabbit. She had been complaining of illness, and he said it was because she could not eat. She made the rabbit into soup, and she took all the flesh and a little of the soup. She came back from the wood about eight o'clock, and shortly after Quinn and her daughter left. The prisoner went to bed at twenty-five minutes to nine by his own watch. He hadn't a gum with him either going out or coming in. The witness afterwards complained vehemently of the mode in which the police searched the house, and also of their taunting and sneering her.

To Dr. ELRINGTON--The prisoner had the gun out from nine o'clock in the morning till the evening, when he brought it in and out it on the bed.

This concluded the evidence for the defence.

THURSDAY.

THE trial of William Bill for the murder of Margaret Langtry was resumed this morning.

Mr. HENDERSON, Q.C., applied to his lordship to recall one of the witnesses, Hugh Quinn.

His LORDSHIP said that this witness should have been asked to come into the witness-box last night as he might have had an opportunity of communicating with others. His lordship granted the application, remarking that it was very irregular, and he hoped it would not occur again.

Hugh Quinn was then put in the box, and was examined by Mr. HENDERSON, Q.C.--Do you recollect the time you returned to the house with the prisoner's two sisters, Mary, and Elizabeth? Yes. Did you see any rabbit-soup that night? I did not see any.

His LORDSHIP--Did you see any on the fire? I did not.

By Mr. HENDERSON, Q.C.--Did either of the sisters take any soup after they came in? I did not see any. Did you remain in the house from the time the sisters came in until they went to bed? I did. Elizabeth went to bed first. She did not sit down at the fire, but went straight to bed. Could they have taken anything without you seeing them? Not in the kitchen, but they might have done so in another room. The sister, Mrs. Bill, and witness were sitting at the fire. While there was anything said about a rabbit? Not that I heard. Or next day? No. Was there any refreshment taken by any of you three after you came in? There was nothing taken in my presence in the kitchen.

By a JUROR--When the prisoner left the house at six o'clock did he take a gun or snare with him? He did not. Was he in the habit of sleeping in the shirt he wore during the day? He was.

John Rogers was called,, and deposed that he was previously examined in the case. He accompanied John and David Bill from Belfast on the 30th October. Old David was under the influence of drink, and witness and John Bill took care of him. Witness knew Peggy Langtry. He was in Bill's house with John Bill the night before the girl died. David was there as well as old John Coulter. Margaret Langtry appeared a little angry. The prisoner, when he came in, said something about an argument, but he could not say what it was. Witness, went home with David Bill about eleven o'clock that night, and went to bed. When the prisoner came home he said he had to call with his uncle. Witness knew Ballyvois Wood, to get to which he had to go through grass and heather and would be several inches deep. There are rabbits there, and witness has caught them with Bill in their holes, and sometimes with a snare. The snare [produced] was very like the one used.

By Dr. ELRINGTON--How far is the wood from the prisoner's house? About a mile. How far can you go by the road? Not very far. You have to cross the road to get to It. The wood is a large one. Did you go to bed after you arrived from Belfast with old Bill ? Yes, about eleven o'clock. He often slept in the house before.

Mr. M'MECHAN then proceeded to reply on behalf of the prisoner.

Dr. ELRINGTON then replied on the part of the Crown.

His LORDSHIP then proceeded to charge the jury. The facts connected with the death of Margaret Langtry he would not repeat, as they had been repeated over and over again, but he thought after considering the evidence they would have little doubt in coming to the conclusion that she died from the effects of the discharge of firearms outside the ' back window of the house between the hours of seven o'clock and ten o'clock on the night of the 30th October. But though they might come to that conclusion it did not at all affect the second part of the case--whether the prisoner at the bar fired that shot. The facts upon which the Crown relied to convince them of that was that the prisoner was on that night absent from his own home for a time sufficient to have enabled him to have gone from his own house to the house where deceased lived, have committed the murder, and to have been home again at ten o'clock. The second was that on the same night, about the hour of six or seven o'clock, the prisoner was seen upon one of the ways, though not the shortest, leading from his own house to the house in which the deceased resided, and going in the direction of the deceased's house. The third was that upon that night some time after the murder seems to have been committed, the clothes and boots of the prisoner exhibited signs as they would show if in either going from or returning to his own house from the house of the deceased by the shortest way they would have exhibited, because it would be necessary to pass a ford. The fourth was that there was found in the prisoner's house a gun. And the fifth--what appeared to him to be the last material one--was that pieces of paper, apparently used as wading, were found outside the back window of the house in which the deceased lived, and one in the kitchen, which formed, or were alleged to have formed, part of what was one original whole, and the remaining part of which was found in the prisoner's house recently after the murder. These were the material facts upon which the Crown relied, and the jury would have to inquire into the truth, and each and every one of them, and if they were satisfied as to that, to put them all together and see if any reasonable account can be given of the existence of these facts consistent with the innocence of the prisoner. If it can, the prisoner ought to be acquitted, and only when it cannot he should be convicted. His lordship having briefly referred to the question of motive suggested in the case, detailed the evidence as bearing upon these points. He could hardly anticipate that they would come to any other conclusion that she was killed by a shot fired through the window. If they do come to this conclusion the all important question was is the prisoner the man who committed the murder. The chief point the Crown lie on is that the prisoner upon that night was absent from his own house for a time which would have been sufficient to allow him to have committed the murder and return about 10 o'clock.The other point is that about 7 o'clock the prisoner was seen going in the direction of the house where the deceased lived. The third point is that on that night and in a short time after the murder the prisoner's clothes and boots showed those signs which they would have shown if he had went by the shortest way through the ford. The fourth count is that there was found in the prisoner's house a gun. The fifth, and, in his opinion, the last material fact was, that pieces of paper, apparently used as wadding, were found outside the back window, which are alleged to have formed part of what was originally one whole paper, and the remaining part of which was afterwards found in the prisoners house. These appear to be the main suppositions, and it was their duty to inquire whether or not these were true.

At half-past seven o'clock the jury came out and his lordship was sent for. The issue paper was handed in, but no verdict was marked upon it.

A JUROR--We have not been able to agree.

His LORDSHIP--l am sorry you were disturbed.

A JUROR said the jury were divided as to the evidence respecting the fragments of paper.

His LORDSHIP--Is there any part of the evidence that I can help you.

A JUROR--Some of the jury think the case for the Crown is sustained, and others believe to the contrary.

His LORDSHIP said in that case he must ask them to retire again.

The jury retired.

The jury returned to the Court at twenty minutes past eight precisely, and the usual question being put, returned a verdict of

NOT GUILTY

-- -- -- -- -- -- -- --

RECORD COURT.
[Before Chief-Baron PALLES]

Duncan v. Craig. The hearing of this case was resumed at the sitting of the Court, and, having concluded, the jury retired to consider their verdict.

Killen v. Reid. This was an action to recover the sum of 530 for goods sold and delivered. The plaintiff is a gentleman formerly residing at Glenwherry, in the County Antrim; and the defendant is a Scotchman, at present residing in the County Antrim. The defendant agreed to purchase the plaintiff's farm, and it was also agreed between the parties that the stock and chattels should be taken at a valuation. The agreement was not, as alleged, carried out, and the present action was brought to recover the amount fixed by arbitrators mutually appointed, together with the value of some cattle afterwards agreed to be paid for by defendant.

Counsel for plaintiff--Messrs. Falkiner, Q.C., and Monroe (instructed by Mr. M'Mullan); for defendant--Messrs. Porter, Q.C., and M'Kane (instructed by Mr. Killop).

The jury found for the defendant.

-- -- -- -- -- -- -- --

DREADFUL MURDER NEAR MOY.
A MAN SHOT DEAD IN A RAILWAY CARRIAGE.

THE members of the Home Rule party residing between Portadown and Dungannon, who had attended the demonstration in the latter town on Wednesday returned home to their different districts by the train leaving at 4.40 p.m. The train proceeded from Dungannon to Trew and Moy, where a number of the passengers alighted, this being their destination. In about two minutes after leavIng this station, a dreadful murder was committed, the facts of which, as far as can at present be ascertained, are as follows:--It appears that in one of the third-class carriages a young man named Daniel Hagan was seated near the window, in company with his two sisters, one on each side of him. The train was proceeding at its usual pace when they were alarmed by the sudden breaking of the glass in the window near where Hagan was sitting and the circumstances that Hagan fell motionless to the floor at his sisters feet. At first it was surmised that a stone had been thrown through the window which l had struck the unfortunate man, but on further examination it was discovered that a shot from a gun had entered his head, and that he had been killed instantaneously. The wail of lamentation made by the females in the compartment was most heartrending. The next station at which a stoppage was made was Vernersbridge. Here the majority of the passengers alighted to ascertain the cause of the strange noise they had heard. Hagan was seen lying dead in the carriage, the side of his face where the shot had entered being partly blown off, and the blood streaming from the wound. The men in the carriage came out and ran up and down the platform calling frantically for a policeman, but no policeman was to be found. The guard and station officials had the utmost difficulty in getting the people to take their seats, and, after considerable delay, the train moved off for Annaghmore taking the body with it. At Annaghmore the confusion was great. Two policemen, who were on duty on the platform, were made acquainted with the circumstances, and took charge of the body. The carriage in which the body was was detached from the train and shunted up into a. siding, where the police will remain guard on it until the coroner holds his inquest, which it is expected will be held to-day. Hagan resided in the vicinity of Annaghmore, was a married man, about , about thirty years of age, and leaves a wife and family. A gentleman in one of the first-class carriages alleged that he saw a man a short distance from Trew and Moy station, kneeling behind a ditch with a gun in his hand levelled in the direction of the train. He did not see the shot fired, but immediately afterwards he heard a report and saw smoke. Several persons heard the breaking of the glass.

-- -- -- -- -- -- -- --

ST. PATRICK'S DAY has passed over in Belfast in a very quiet and peaceful manner. Drinking was not indulged in to such an extent as formerly, and the only indication of its being the anniversary of the patron saint of Ireland was by the people wearing the shamrock in their hats. In the evening lectures, addresses, &c., were delivered in a number of the halls and school-rooms in town. Demonstrations took place in Londonderry, Coleraine, Monaghan, Dungannon, Dundalk, Downpatrick, and various other places. With the exception of Downpatrick and Coleraine, where some slight stone-throwing took place, all passed over quietly.

 

^ top of page

The Witness - Friday, 26 March, 1875

Births

CAPPER--March 28, at Phoenix Terrace, Ulster Street, Belfast, the wife of Malcolm Capper, Esq., of twins--a son and daughter.

COX--March 18, at The Glebe, Newtowncrommelin, the wife of the Rev. Thomas Cox, of a son.

DOUGLAS--March 17, at Farmhill, Carrickfergus, the wife of the Rev. H. M'C. Douglas, of twins--daughters.

HASLETT--March 14, at Flower Hill, Donegal, the wife of Samuel F. Haslett, Esq., M.D., of a son.

MILLAR--March 18, at Lismoyle House, Drumsna, Co. Leitrim, the wife of J. S. Millar, of a son.

Marriages

HACKNEY--MORROW -- March 22, at St. Enoch's Presbyterian Church, Belfast, by the Rev. Hugh Hanna, Alexander, eldest son of Napthali Hackney, Belfast, to Maggie, youngest daughter of the late Mr. James Morrow, Saintfield, Co. Down.

ROBINSON--AEKIN--March 22, at the First Presbyterian Church, Glendermott, by the Rev. Thomas Thompson, Mr. Samuel Robinson, Liscleen, to Maggie, youngest daughter of Mr. George Aekin, Leitrim, Co. Tyrone.

WARNOCK--CARSON -- March 17, at First Kilraughts Presbyterian Church, by the Rev. Saml. Finlay, assisted by the Rev. James Brown, James Warnock, Esq., Greenshields, to Agnes, only daughter of the late James Carson, Esq., Crastagherty, Ballymoney.

Deaths

BROWNE--March 22, at 10, College Square North, Belfast, John Walton, youngest son of Dr. J. Walton Browne, aged 11 months.

COOPER--March 25, at the residence of her mother, East Street, Newtownards, Mary Elizabeth, fourth daughter of the late Andrew Cooper, Newtownards.

MAWHINNEY--March 22, at 30, Lincoln Avenue, Vicinage Park, Belfast, Isaac Mawhinney, aged 68 years.

M'KITTRICK--March 21, at the residence of her brother-in-law, the Rev. James Orr, Clonmel, Mary Ann, eldest daughter of the late Adam M'Kittrick, Esq., Lisleen, Co. Down.

READE--March 23, at his residence, Alma House, Sydenham, Belfast, Richard H. Reade, aged 71 years.

SAUNDERSON--March 20, at 256, Newtownards Road, Belfast, Mary, wife of Alfred Saunderson, aged 28 years.

STEVENSON--March 21, Thomas Stevenson, late of 8, Radcliffe Street, Belfast, aged 29 years.

WARNOCK--March 18, at Ballyhaskin, Donaghadee, John Warnock, aged 75 years.

Clippings

THE PRESBYTERIAN ORPHAN SOCIETY.

THE directors met in the Assembly's Offices, May Street, Belfast, on Thursday last--Sir Edward Coey in the chair. The directors then proceeded to scrutinise the voting papers, when the following families were found to have the largest number of votes and were declared elected :- -

I. ORPHANS WHO HAD LOST BOTH PARENTS.--M'Ilveens, Portadown, 2; Barkleys, Portglenone, 2; Wales, Newry, 1; Kirks, Drogheda, 2; Lemons, Pomeroy, 3; Langtrys, Templepatrick, 2; Quinn, Belfast, 1; Burns, Drum, 4.; Kirkwoods, Belfast; 2; Lindsays, Holywood, 4; Sweenys, Derry, 2; Malcomsons, Donoghmore, 2; Dickson, Belfast, 1.

II. ORPHANS WHOSE PARENTS ARE CONTRIBUTORS TO THE SOCIETY.--Irwins, Belfast, 6; Jordans, Cork, 5.

III. FATHERLESS.--Cobain, Larne, 2; Moores, Ballyreagh, 3; Dunns, Ballymena, 4; Martin, Belfast, 1; Gibson, do., 1; M'Connells, Whiteabbey, 2; Brooks, Albany, 4;. Fullertons, Ahoghill, 4: M'Laughlins, Belfast, 2; Sloans, do., 2; Kennedy, Ballymena, 1; Boyces, Ballymacarrett, 4; Cookes, do., 4; M'Kees, Lisburn, 2; Rogersons, Belfast, 2; Quig, Coleraine, 1; Coules, Belfast, 3; Nichols, Grange, 3; Youngs, Ballymacarrett, 2; Reeds, Belfast, 4; Thompsons, do., 3; Greers, do., 3; M'Masters, do., 3; Huddlestons, Ballymacarrett, 2; Soffes, Kilrush, 2; Byers, Raphoe, 3; Clarkes, Mountpottinger, 2; Young, Cookstown, 1; Currants, Balliner, 2; Cook, Belfast, 1; Ervines, Dungannon, 2; M'Creedys, Kilmore,. 2; Reids, Orritor, 4; Mortens, Ballymacarrett, 3; Mulhollands, Dromore, 3; Lowry's, Newtownards, 2; Fletchers, Connor, 2; Monaghans, Newry, 3 ; Stewarts, Portrush, 4; Trimbles, Brookvale, 2; Stewarts, Churchtown, 3 ; Galbraiths, Ballylennon, 2; Magraths, Aghadowey, 3; Pauls, Boveedy, 6; Darrochs, Belfast, 4; Wrights, do., 3; M'Cullough, M'Kelvey's Grove, 1; Rogan's Killyleagh, 5; Meneelys, Ballymagrane, 4 ; Harrisons, Carrickfergus, 3; M'Keins, Ramelton, 3; Bells, Magherafelt, 5; Knights, Belfast, 3; M'Adam, do., 1; M'Connell, do., 1; Kyles, Portglenone; 4; M'Donald, Belfast, 2; Craigs, Bandon, 3; Simpsons, Bangor, 6; Hunters, Derry, 4; Pollocks, Glendermott, 3; Graceys, Gilford, 2; M'Connell's, Ballycopeland, 2; Houstons, Belfast, 3; Jacks, Dublin, 2; Kanes, Belfast, 3; Hasson, Kilrea, 3; M'Farland, Mosside, 3; Wynne, Dublin, 3; Barr, Ballynahinch 2; Steenson, Lisburn, 1; Reids, Belfast, 4; Crooks, Hillhall, 4; Cairns, Belfast, 3; Smith, do., 2; Thompsons, do., 3; M'Masters, do., 3; Casements, Lassera, 2; Campbells, Belfast, 3; Sands, Dromore, 3; Drennan, Belfast, 2; Wallace, Drum; 1; Wilsons, Belfast, 3; Adams, Banbridge, 1; Boyle, Belfast, 1. The family of the late Francis Wright, of Hydepark, numbering 4, was presented by Miss Hamilton and Mr. Vernon. This election adds 269 orphans to the roll of the society. One hundred and sixty voting papers were returned; so that the election involved a scrutiny of about 16,000 votes. The directors adjourned at three o'clock.

-- -- -- -- -- -- -- --

COUNTY ANTRIM ASSIZES.
CROWN COURT.
MONDAY.

MR. BARON FITZGERALD took his seat in this Court at ten o'clock this morning, and resumed the civil business.

The Rev. Henry Henderson v. John Thompson.

This was an action for damages laid at 1,000, for injuries received by the plaintiff by reason of the negligence of the defendant, in not providing proper lights at the Sewerage Works, Ballymacarrett, which the defendant was constructing on the 11th September last.

Mr. Falkiner, Q.C., Dr. Boyd, and Mr. Kisbey (instructed by Messrs. M'Lean, Boyle, and M'Lean), appeared for the plaintiff; and Mr. Porter, Q.C. (instructed by Mr: Black), appeared for the defendant.

The following jury were sworn to try the case:--Messrs. John Cleaver, Thomas Ritchie, John Williamson, Robert Dunlop; Hugh Maguire, John Potts, Richard Hassard, John Fisher, David Gray, James M. Thompson, Joseph White, and Thomas Biggar.

Dr. Boyd opened the pleading, and Mr. Falkiner, Q.C., stated the case.

The Rev. Henry Henderson, the plaintiff, sworn and deposed that, on the 11th of September last, he drove to Randalstown by car, having- been late, for the train. He left that place at nine o'clock on the same car to return, to Belfast, where he arrived about two o'clock, and proceeded along the Ballymacarrett Road. He was sitting on the left hand side of the car, and it was dark and drizzling rain. He had a large, comforter around his neck. When passing along where the works are at a slow trot he found the wheel on the opposite side rising, and he prepared himself to jump off, when the car upset. He then leapt forward, and immediately afterwards the car and horse fell over, the latter being on top of him. He heard the driver crying out "murder, murder," and was then relieved. His face was covered with blood, and he went into an adjoining house where it was washed. He then went to the residence of Dr. Croker, in Mountpottinger, who dressed the wounds on his face which were severe. Next day he found that his left leg was swollen and black. He had to remain in Dr. Croker's house for three weeks, and suffered greatly. For a month after he was unable to discharge his clerical duties. Drs. Dunlop and Johnston also attended him. The fees of these gentlemen were 10 each; and Dr. Croker's 35. He was not yet fully recovered from the effects of the accident, his spine being affected. The carman was perfectly sober. He could not see any lights on that night on the bank, which was quite lighted up now.

Samuel Greer deposed that on the 11th September he drove Mr. Henderson from Randalstown. On going through Ballymacarrett he walked his horse over the crossing, and when he thought all was safe he trotted at a pace of about three miles an hour. There were no lamps to be seen. The wheel of the car rose on a mound of earth or sand, and before he could pull the horse up the car capsized, both he and Mr. Henderson falling, the latter under the horse. Two watchmen came to his aid, and Mr. Henderson was extricated, who was then brought into the nearest house, and subsequently to Dr. Crokers. On going to the latter's house he observed one light, which was placed inside of the ridge of earth. Witness returned to the place with a constable to examine the lights. Next day he re-examined the place, and the mound was removed, and additional lights placed.

Dr. Croker deposed that he dressed Mr. Henderson's wounds on the day in question, when he came to his house, after two o'clock in the morning. His face was all besmeared with blood. He bathed it with warm water, and found that the outer caucus of the eye was cut, and there was a contusion immediately over it. He stitched the wound, and he considered it necessary to give him a room in which he was physically compelled to stay [text missing] next day he examined his leg, which was swollen and discoloured. He examined his spine which he found inJured. Erysipelas set in around his eye and temple, which lasted for about a week. Mr. Henderson's left eye will never recover from what it suffered from the occurrence.

Constable John Greer deposed. that on the night of the accident he went to the place and examined the bank, along seventy-five yards of which there was not a light. The next day he observed that the position of the earth was changed, and several other lights were put on the margin of the mound. The night of the accident was dark and rather soft. Previous to the accident he did not make any report of the condition of the place, which he did not consider dangerous, until after the occurrence. He measured the track of the wheel on the mound for a distance of five yards at least, and about two feet high.

David Morrison, watchman, deposed that he recollected the night of the accident. The lights used that night were half-penny candles. Since then lamps have been substituted. Four of these lamps have been placed along a. seventy-five yards distance.

John Smith, a resident of Ballymacarrett swore that he recollected the night of the occurrence. Heard a noise outside. He went to the street and saw Mr. Henderson lying on the ground all covered with blood. He was taken into witness's house, his face washed, and then taken away to Dr. Croker. Just at that place the sand or earth extended more into the roadway than at any other portion. For about seventy-five paces there was no light. There were marks of a wheel of a car having passed over the bank.

Mr. M'Crae, of Templepatrick deposed that Mr. Henderson called with him on the 11th. His carman was perfectly sober.

Dr. Dunlop, sworn and examined, said he was called in to attend Mr. Henderson. He was suffering much pain from injuries on his face, and erysipelas appeared to be setting in. His leg was bruised and discoloured and his spine was affected.

Dr. Johnston gave similar evidence.

William M'Ilroy deposed that he owned the car and horse which conveyed Mr. Henderson on that day. The animal was a very quiet one, and the driver came home perfectly sober.

Mr. PORTER, Q.C., then addressed the jury on behalf of the defendants.

TUESDAY.

The hearing of this case was resumed this morning, when Mr. Monroe replied on the part of the defendant, and Dr. Boyd on the part of the plaintiff.

His LORDSHIP then summed up.

After an hour's deliberation the jury returned into Court with a verdict for the defendant and 6d costs.

-- -- -- -- -- -- -- --

THE CENSUS OF ULSTER.

THE Census Commissioners have just issued their return for Ulster, from which we take the following extracts :--The entire area of the province is 5,483,207 acres, of which 210,100 are under water. Of the land 1,911,545 acres are under tillage; 2,179,427 are pasture; 63,678 are plantation; and 1,118,457 acres are waste bog, mountain, &c. At the date of the census there were 345,464 inhabited houses, 13,599 uninhabited, 813 in the course of erection, and 448,495 out-offices and farm-steadings. The population was 1,833,228, of whom 879,805 were males, and 953,423 females. As to birthplace, 1,777,772 belonged to Ulster; 16,975 to Leinster; 4,549 to Munster; 6,492 to Connaught; 12,869 to England and Wales; 10,483 to Scotland; while 3,963 were born abroad. We have amongst us representatives of every country in Europe, the largest number belonging to France and Germany, each of which have given us 180 persons. Of Asiatics we have two from Arabia, two from Burmah, five from China, six from Persia, and thirteen from Syria. There were twenty-six Africans. South America contributed fifty-seven; the United States, 321; and "America," 1,295. Tahiti was represented by one person. The total number of blind persons was 1,596; deaf and dumb, 1,407; dumb, not deaf, 335 ; idiots in asylums, 108 ; not in asylums, 2,147; lunatics in asylums, 1,762; not in asylums, 879; paupers in workhouses, 10,602; on out-door relief, 2,885; beggars and vagrants, 2,789; sick at their homes, 7,828 ; in hospitals, 3,400; prisoners--debtors in prison, forty-five; untried, twenty-six; convicted, 513; in bridewells and police stations, seventy-one. It may be interesting at present to give the following view of the religious professions of the people:-

RELIGIOUS PROFESSIONS OF THE PEOPLE.

Antrim County--Population, 236,361; Roman Catholics, 55,640; Episcopalians, 45,670; Presbyterians, 122,918; Methodists, 3,287; all other denominations, 8,846.

Armagh--Population, 179,260; Roman Catholics, 85,057; Episcopalians, 46,423; Presbyterians, 28,344; Methodists, 4,579; all other denominations, 2,937.

Belfast Municipal Borough--Population, 174,412; Roman Catholics, 55,575; Episcopalians, 46,423; Presbyterians, 60,249; Methodists, 6,775; all other denominations, 5,390.

Carrickfergus (County of the Town)--Population, 9,397; Roman Catholics, 995, Episcopalians, 1,623; Presbyterians, 5,455; Methodists, 366; all other denominations, 958.

Cavan County--Population, 140,735; Roman Catholics, 113,174; Episcopalians, 21 223; Presbyterians, 5,004; Methodists, 1,026; and other denominations, 278.

Donegal--Population, 218,834; Roman Catholics, 165,270; Episcopalians, 27,125; Presbyterians, 23,080; Methodists, 1,818; and other denominations, 1,041.

Down--Population, 277,294; Roman Catholics, 88,003; Episcopalians, 60,868; Presbyterians, 116,017; Methodists, 3,663; all other denominations, 8,743.

Fermanagh--Population, 92,794; Roman Catholics, 51,876; Episcopalians, 35,072; Presbyterians, 1,813; Methodists, 3,794; all other denominations, 239.

Londonderry City--Population, 25,242 ; Roman Catholics, 13,821; Episcopalians, 5,124; Presbyterians, 5,451; Methodists, 275; all other denominations, 571.

Londonderry County--Population, 148,662; Roman Catholics, 63,537; Episcopalians, 26,953; Presbyterians, 53,328; Methodists, 682; all other denominations, 4,162.

Monaghan County--Population 114,969; Roman Catholics, 83,845; Episcopalians, 15,641; Presbyterians, 13,914; Methodists, 493; all other denominations, 576.

Tyrone--Population, 215,766; Roman Catholics, 19,937; Episcopalians, 49,201; Presbyterians, 42,156; Methodists, 3,115; all other denominations, 1,357.

Total of Province--Population, 1,833,228; Roman Catholics, 897,230; Episcopalians, 393,268; Presbyterians, 447,729; Methodists. 29,903; all other denominations, 35,098.

-- -- -- -- -- -- -- --

ANOTHER MODE OF BURIAL.

THE Prefecture of the Seine, says Galignani, has at present under consideration a new invention in connection with the burial of the dead--namely, the substitution of cement coffins for those made of wood. The thickness of the shell would not exceed three fourths of an inch and they would cost about the same as very common material, and far less than oak. The corpses would, it is argued, be more perfectly preserved and for a longer period, and all mephitic exhalations would be prevented. M. Ferdinand Duval, Prefect of the Seine, has referred this proposal for examination to the Council of Health.

-- -- -- -- -- -- -- --

THE BELFAST ROYAL HOSPITAL.

THE eighty-second annual report of this excellent institution is just published. From this we learn that the total income from all sources for the past year amounts to 6,022 18s 8d, viz. :--Arrears of subscriptions, 1873, .11 4s; general subscriptions, 1874, 1,450 7s 3d; donations and bequests, 2,643 0s 2d; collections in houses of worship, 516 17s 2d; pay patients, 620 11s 6d; interest, 357 19s 4d; miscellaneous, 336 3s 10d; workpeople and young men, 86 15s 5d--6,022 18s 8d; and the expenditure under the several heads amounts to 6,966 5s 6d; thus showing an excess of expenditure over income of 943 6s 10d; including, however, a sum of 700 for permanent improvements in connection with the extern department. Commenting upon this state of things the report states that were it not for the large amount of 2,643 received for donations and bequests "the door of this most important charity might have been closed against many deserving cases." "What marks," the report goes on to add, "most emphatically the absence of a common sympathy with the institution is the fact that in the past year there were no more than 1,450 7s 3d of annual subscriptions, little more than one-fifth of the sum expended, while the town and its hospital patients are increasing so rapidly." The plain truth here spoken should prompt the public to the discharge of the duty which it so clearly inculcates. During the year the following donations and bequests were received: --Sir Edward Coey, 295 (this sum of 295, and a former contribution of 100, was invested pursuant to the wish of the generous donor); Rev. Arthur Pakenham, in memory of his late brother, Lieut-Colonel Charles W. Pakenham, 200; Samuel Johnson, Esq., Highfield Factory, 50; Mrs. Thomson, Lowwood, 50, and bequests from the late Marchioness of Donegall, 197 14s 2d; the late Daniel A. Ross, Esq., Clonard, 1,000; the late Matthew Hunter, Esq., 25; the late William Ewart, Esq., 50; the late Henry Graham, Esq., 750; sundry donations and bequests of 10 and under 25 6s. Total, 2,643 0s 2d.

The demands on the Institution, both as regards intern and extern patients, are increasing. Under the first head the number for the year was 1,864, as compared with 1,798 for the past. There is also a very considerable increase of extern cases--to 6,303 from 5,280 (being an increase of 1,000 and upwards, or nearly 20 per cent.) A large number of these cases were treated, amongst other injuries, for aggravated dislocations, fractures, lacerated, gunshot, and other wounds, burns, &c., requiring skilful treatment. The Convalescent Home and the Children's Hospital on the Throne lands are progressing. A portion of the site of 28 acres, given by the late Samuel Martin, Esq., is to be laid out for villas, and by this means an income will be secured the Hospital. The report in other respects deals with certain details relating to the internal administration of the Hospital, testifying to the care and efficiency with which it is conducted. We recommend the above extracts to the careful perusal of our readers.

-- -- -- -- -- -- -- --

THE BELFAST BREACH OF PROMISE OF MARRIAGE.

AT the County Antrim Assizes, last week, before Chief Baron Palles, the following case was heard :--

Margaret Hislop, plaintiff; Wm. Boyle, defendant.

THIS is an action for breach of promise of marriage, damages being laid at 800.

Both parties reside in Belfast, and a great deal of correspondence passed between the defendant and the plaintiff, of which the following are extracts:-

"MY LOVE MAG,--I will look forward to some day not far distant when I hope to have the honour of introducing you to my friends in the country as 'somebody' which I will not name. . . . I adore you above all that is living, and worship the very ground you walk upon . . . . I love you above all the world. I am compelled to sit like a hermit within the walls of this apartment with nothing to comfort me or make me happy, but my thoughts about her whom I love--my own Maggie." . . . . "You alone do I, or can I, ever give a thought to or for, and I hope it will not be lost. I am looking forward into the bright future when I shall call you my own. Won't I be happy when we are together unto death does us part. I hope your cold is better by this time. Do, for goodness sake, take care of yourself, as I should not like anything to happen you. With fond, fond love, and kisses, I remain, your own darling and true--WILLIE." . . . "Night or day my thoughts are always the same, my own Maggie. Nothing else but her over enters my mind. I love you more now than ever I done before, and I do hope and trust that you will always be true to him who adores but only thee. I care for nobody but you, and my whole study and thought is about you and the future which is in the distance shining bright for us both. With fond love from--your adoring Bill." . . . . "The only thing I want is you to make me happy and comfortable, but the time shall come when such shall be the case, and unto then I look forward with delight, and I expect to be the happiest man alive, when I call you my own, dear Mag." . . . . "MY ONLY DEAREST MAGGIE,-- . . . My mind is occupied with thoughts of you . . . I must wind up with fond loving hopes . . . For ever your dear and loving WILLIE." . . .

"MY OWN DEAR MAGGIE,-- . . . I find myself growing fonder of you every day I rise. You may rest content that no one will ever have that power over me as will make me forget you, my darling. . . . . I love you above all in this world. . . . I remain, your ever loving WILLIAM."

"MY ONLY DEAREST MAGGIE,--I have nothing to help me to make my heart glad but thoughts of you--my own Maggie. . . . It is but for her I live, as nothing else in this world could have made me feel what the power of love really is."

In addition to the foregoing the plaintiff received a ring with two hearts interwoven, one in turquoise and the other in pearl, as symbolical of the affection which bound her and her lover's heart together.

Mr. J. F. Jeeves deposed that he was brother-in-law of the plaintiff. He had no objection to the marriage of the plaintiff and defendant, and on one occasion, when leaving the house, defendant said, "Good-night," and he hoped soon to be a dearer relation.

Cross-examined--Are you owner of these dining-rooms? I am. Do you know what you pay your waitresses? I do not. Do you know that plaintiff was on the same arrangement as the rest. No. She had access to the money and got money from time to time. You thought Mr. Boyle a suitable match? I did, and never had any objection to him. It is quite a mistake to say so. I believed he was a man who would make his way in the world. Do you swear it was not to you the defendant referred in his letter ? I don't believe it referred to me. Will you swear that? I will to the best of my belief. Mr. Wm. Dowdy, another brother-in-law, deposed to plaintiff and defendant having been received in the family as engaged. They were introduced at his house. On several occasions the defendant told him he intended to marry the plaintiff.

Mrs. Dowdy, sister of the plaintiff, gave corroborative evidence as to the engagement and correspondence.

William Hislop, brother of the plaintiff, deposed to the recognition by the family of the engagement with plaintiff and defendant.

Cross-examined--Why didn't you accept the offer made? There was no respectable offer made.

This concluded the plaintiff's case. Mr. DODD--We offer no evidence.

Mr. MUNROE having replied for the plaintiff, and Mr. DODD having addressed the jury for the defence, His LORDSHIP, in charging the jury, said he did not think the case of the defendant could have been more judiciously, and to a certain extent more fairly conducted, than Mr. Dodd had done. The action was for breach of contract, and the defence was nothing more than a formal one, for the breach had been admitted, and therefore the breach was one for damages only. The jury should look at the case in the first place as they would the breach of any commercial contract, and consider what it was plaintiff would have obtained if the contract had been performed, and what loss she had sustained by reason of its non performance-- what she would have become as the wife of the defendant-- and contrast that with the position which she is now reasonably likely to enjoy. He would recommend them to determine the issue more by the exercise of sound judgment than any consideration of sentiment. He did not think there was much difference in the rank of life of the parties. The defendant was 25, the plaintiff 23. He seemed to have broken off the engagement because his mind was not strong enough to bear up against the chaff of his friends; but he did not think that was a fact by itself which would induce a jury to believe that this young lady of twenty-three was for the rest of her life to remain in single blessedness. (Laughter.) He did not know how these matters were arranged in Scotland, but if they were dealing with the case of a plaintiff residing in Ireland they would not consider that a lady under such circumstances would lose the chance once and for ever of becoming a wife. They were bound, however, to consider what the plaintiff lost by not becoming mistress of an establishment of 100 a year, with the prospect, no doubt, of becoming larger at some future time. But there was another element to be taken into consideration in such cases--namely, the outrage or injury sustained by the young lady, whose contract of marriage had been broken off. In order to aid them in that they should consider the circumstances under which the promise was made and broken. His Lordship then referred to the term of relationship between the parties, and some of the correspondence, including the letters in which the defendant asked to be relieved of the engagement, and said he did not consider the explanation sufficient to warrant a breach of such an engagement. It was a case in which he appeared not to have been strong-minded enough to bear with the chaff of friends which every person who had been obliged to go through an ordeal found arising in every case of intended marriage. The lady was slighted no doubt by that, and therefore he would ask the jury to consider the question of damages calmly and temperately, having regard to the position of the parties and the means of the defendant.

The jury then retired.

The jury found for the plaintiff, with 65 damages and costs.

-- -- -- -- -- -- -- --

THE MURDER NEAR VERNERSBRIDGE.
THE INQUEST.

On Thursday the inquest on the body of the man Daniel Hagan, who was shot in the train on his way home from the Home Rule meeting at Dungannon on St. Patrick's Day, was opened at Annaghmore Station, before E. D. Atkinson, Esq., coroner. A considerable number of the country people were present. From the post mortem examination which was made on the body, it appeared that the ball passed through the unfortunate man's head, and death must have been instantaneous. Francis Madden deposed that he was in the same carriage as deceased, and just as the train had moved out of Trew Station the window of the carriage was smashed and the deceased was shot. Before he was shot witness heard shots fired, and it was the third shot that killed Hagan, who was sitting on the back seat at the end of the carriage, about half a yard from the broken window, which was on the righthand side of the train coming from Dungannon. The shot came apparently from the platform, where a number of people were standing. John Courtney, station-master at Trew and Moy Stations, stated that a shot was fired out of the train as it was leaving the station. The shots were all fired from the train, and he would safely say that not one was fired from the platform. The parties in the train were very disorderly. Wm. M'Keown, porter, gave corroborative evidence. Dr. Stewart gave his opinion that the bullet which caused the man's death must have come from outside the carriage. Wm. Petril, the engine-driver, saw one shot fired. One or two of the carriages had passed the end of the platform at the time. The shot came from the "bottom end of the platform." There was "seemingly" a boy who fired it, and he had two or three girls with him. They came down off the platform. It was apparently a small pistol. He fired it right before him. Additional evidence having been given, the inquiry adjourned until this morning. There was very great excitement at the station, at the conclusion of the inquiry. The friends of the deceased man accused a. young man named Gardiner of having been the murderer, and had it not been for the exertions of the extra. police who were present there is not a doubt but the man would have been badly handled.

The inquest on the body of Daniel Hagan, who was killed on St. Patrick's Day in the train when on his way from Dungannon to Annaghmore, was resumed on Friday. John Duffy was sworn, and deposed that when the train stopped at Trew he heard one shot fired Immediately afterwards he heard another, and the deceased, who was looking out of the window, fell down to the bottom of the carriage. Blood flowed from his head. He died shortly afterwards. Felix Coyle swore that he occupied the next carriage, and when about a mile from Trew he heard a gun shot, which was followed by another report at Boveinsbridge. He saw smoke coming from a house, but could not tell which one it was. Between the county road and this house there is a lane and bushes, about which the smoke was seen by him. It was about thirty feet below the level of the train. James Deary, who was standing in an adjoining field, gave similar evidence as to seeing the smoke, adding that he saw a boy coming down towards him who had been at the meeting with a pistol in his hand. Wm. Marshall, a porter on the line, swore that as the train moved off, he heard the shots. There was continuous shouting and singing in the train. Dr. Stewart gave a description of the carriage, on the floor of which there was blood. In his opinion the shot came through the end and not the side of the carriage.

ANNAGHMORE, MONDAY.--This morning, at nine o'clock, the adjourned inquest on the body of Daniel Hagan, who, it will be remembered, was shot on the train on his way from Dungannon to Annaghmore on St. Patrick's Day.

The first witness examined was a labourer named James Madden, who deposed that on the day in question he was in the same carriage as the deceased. As the train was moving out of Trew Station witness heard a shot, and afterwards heard a shout that Hagan was shot. Saw no stones thrown. In cross-examination witness stated that the train had moved about a quarter of a mile out of Trew Station. The shot and the smashing of the carriage window was simultaneous. A shot was fired out of the carriage in which witness was sitting.

To Mr. ATKINSON--I saw a man and a boy, who were not porters, at a goods store as we came to Trew and Moy Station.

Francis Murray stated--I came down from Dungannon by the 4.40 p.m. train to Vernersbridge on Patrick's Day. At Trew Station I saw a shot fired, apparently by a little boy who was on the platform. It seemed to be a pistol which he fired. There were three little girls with him when he fired at the train. That was the only shot I saw fired that day.

To Sub-Inspector HUGHES--I could not identify the boy again if I saw him. He was dressed in dark coloured clothes, and had on a green sash.

John O'Neill was re-examined, and stated that he fired only one shot that day, and was looking out of the train when he fired it. He had neither powder nor shot when he arrived at Trew Station. Witness heard a shot as the train was leaving the station.

In cross-examination witness deposed-- I loaded the pistol beside my father's house. I considered it safe to have a pistol, as I believed the road a dangerous one. I did not see any person struck in the carriage in which I was sitting. There ware twenty or thirty boys throwing stones at the goods station. A shot from the train would not have such a loud report as the one I heard coming from the direction of the plantation.

Francis M'Neice stated that as the train was leaving Trew Station he heard a loud report of a gun. He saw a man named Droilen struck by a stone on the head by a woman on the platform.

James Houston also heard a shot fired at Trew Station, but could not say who fired it. The shot appeared to have been fired out of the carriage, as he saw smoke coming from that direction. He saw no stones thrown or strangers on the platform.

In cross-examination the witness stated that no stones could have been thrown from the platform without him seeing them.

The [last line missing]

 

^ top of page