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ALLEGED ASSAULT NEAR CLONEGAL

On Saturday at Newtownbarry Petty Sessions, before Mr RW Hall-Dare (presiding), and Dr Dormer, Thomas Cosgrave charged James Doyle, Ballyredmond, with assaulting him. Doyle bought a cross-case against Cosgrave for threatening and provoking language. Mr Moffat appeared for Cosgrave, and Mr O'Dempsey for Doyle.

On the application of Mr Moffat, it was decided to hear both cases together.

Cosgrave deposed that he lived at Orchard. He knew John Doyle who lived at Ballyredmond. He remembered the 15th April. On that evening he was on the road near Doyle's house. James Brennan and James Donohoe were with him. It was about ten o'clock at night, and he (Cosgrave) was after been at a funeral that day. He was just passing by Doyle's house when he saw Doyle out of the road, and he was at the cross by the time the complainant came up. Doyle then struck him twice with his clenched fist on the eye. The mark of the blow was there still, for he bled a lot.

Mr Moffat - Did you do anything to him to make him strike you? Not a ha-porth.

Mr Dempsey - Do you remember all that happened that night? I remember some things. Weren't you in a delicate state of health that night? I had some drink taken.

Mr O'Dempsey - I believe you had a good deal. Now, do you remember everything that was said and done that evening? I was warned against speaking much when going by that man's (Doyle's) house. You had been at a funeral in Clonegal? Yes. And you were on your way home? I could go no other way. When you met Brennan were you on your way home? I was going home the best way I could. Didn't you ask Brennan to go back to Clonegal with you? Not to my recollection.

Mr O'Dempsey - Well, we will have that from you. Do you remember going back to Clonegal? Yes. And you had more drink there? No sir, it was too late.

Mr O'Dempsey - The this occurrence you speak of must have been a good deal after ten o'clock when the public-houses were closed, because it was after this that you went back to Doyle's house. Complainant - No. I went from Doyle's house to Clonegal.

Mr O'Dempsey - Brennan was not quite so drunk as you were, and he will remember all about it. You went back with Brennan and had more drinks, and then you went to Doyle's. I believe Doyle is not a favourite of yours? Well, no. Isn't he generally known in the locality as "an emergency" man? - Complainant: what would make me call him that.

Mr O'Dempsey - I don't know anything except drink. - Now can you tell us what brought Doyle out of his own house at half-past eleven o'clock? I could not say what time it was. - Can you recollect what brought him out of the house? No, except that he is not a great friend of mine. - Why isn't he a great friend of yours? Well, I never did anything to harm anyone - Mr O'Dempsey: You miust be an exceptionally innocent man. Now haven't you a private grudge against Doyle? No. Don't you consider him a great public malefactor for having worked on a grabbed farm and consequently deserving of the greatest reprobation from all farmers? No. - Don't you recollect calling him an emergencyman that night? I don't recollect. - Is your recollection of that as good as your recollection of everything else? I was made stupid from getting the blows. - Don't you remember Brennan telling you to be quiet? Yes. - Why did he tell you that? Because he thought there was some ill feeling between us. - What did Brennan say to you? He said I might say something not pleasing to Doyle.

Mr O'Dempsey - I suppose he thought your calling out "Doyle the emergencyman" would not be pleasing to him (laughter). - Doyle: That is what he was crying out.

Mr O'Dempsey - On your oath did you call Doyle an emergencyman that night? Not to my recollection. - Didn't you challenge him out on the road? No. - And didn't you say you didn't care about him? Yes, I said that, because I thought I should be let pass home, as I was meddling with no one. - I believe you went to Clonegal and complained to Sergent Fizelle? Yes. - And he discountenanced the complaint? I don't know. - Don't you remember now that you probably deserved the blows that Doyle gave you? No. - Mr O'Dempsey: Well I will show you that you did.

James Donohoe deposed that he remembered the night of the 15th April. He had been in Clonegal at a funeral on that day. He was going home with Cosgrave, but he had not been with him during the day. He remembered being at Ballyredmond. When they were coming up to John Doyle's premises he was three or four yards behind Cosgrave and Brennan. Brennan was linking Cosgrave by the arm for Cosgrave was going asleep he was so drunk. He heard Cosgrave twice used the words, "Let him come out now." When passing by Doyle's house he saw Doyle come out and strike Cosgrave about three times. Cosgrave fell and there was no more meddling. - Mr Moffat: Then Cosgrave did not hit Doyle? No, he not able to hit anyone. - Mr O'Dempsey: But he was about to should and used intimidating language? I only heard the words "I have you." - - Were you as drunk as he was? No; I was able to mind my own business.

Mr O'Dempsey - Didn't you take the usual regulation allowance of whiskey at Clonegal? Well, who were the words "Let him come out" intended for? They should have been intended for Doyle. - Did you hear him say he was not afraid to pass this emergencyman's house? I never heard the word "emergencyman" used. - Did you hear Brennan tell Cosgrave to be quiet when passing Doyle's house? I did not; I did not hear Cosgrave say he did not care about Doyle. I heard him say if he was inside to come out. Then Doyle came accross the road, and to the best of my opinion, I heard Doyle ask why he challenged him at that hour of the night. - Did you see Cosgrave jostle Doyle? I didn't because it was dark. I would want a light to see it. Doyle hit Cosgrave two or three boxes and there was no more. - He was nothing the worse of it? He fell to the ground. - Didn't you leave him going to Clonegal? He might have gone where he liked.

Sergeant Frizelle, Clonegal, deposed that he remembered the 15th April. He remembered Thomas Cosgrave coming up to the barracks at one o'clock in the morning on the 15th of April. His eye was swollen and there was a lot of blood on his face. It was very clear that he had fallen on the road, for the gravel had scraped him, but there was no such thing as a cut. It might have been caused by a fall whilst Cosgrave was drunk.

Mr Moffat - You draw all sorts of conclusions? Oh, no; I don't. - Mr Moffat: Didn't the mark on the eye seem as if he had received a box? Yes. To Mr O'Dempsey - Doyle is in the employment of a man named Corrigan, who took an evicted farm about four or five years ago.

Mr O'Dempsey - Do you know if Doyle is called an emergencyman?

Mr Moffat objected. - Sargent Frizelle said he did not know, Cosgrave was the worse of liqour that night, and he scarcely told him (Sergeant) one word of truth. On the following Sunday, witness went to make inquiries and he found that Cosgrave had not told him the names of some of the men who were with him, whilst he had gave the names of some men as being with him who were not with him at all. He said to Cosgrave "You told me a lie this morning," and he replied, "Perhaps I did." Then witness said, "From what I hear it was your own fault," and he said, "perhaps it is." Witness advised Cosgrave to go to the doctor, but he did not tell him to get two stitches in his head.

John Doyle, the defendant, stated that he was a labourer. About half-past eleven o'clock on Saturday night, 15th April, he was preparing to go to bed in his house at Ballyredmond. He then heard shouting and call of names on the road. He heard someone crying out, "Emergencyman," and he went to the door. He then saw three men come up to Brennan, Donohoe and Cosgrave. They were advising Cosgrave to keep quiet, but he shouted out "Come out if you are inside you emergencyman." Witness asked Cosgrave what shouting he had or why he did not go about his business. He then said he did not care about him (Doyle) and challenged him. Then he struck Cosgrave as he was so much annoyed by him, and could not restrain himself, so provoking were his language and conduct and his challenging of him to a fight. Before he struck Cosgrave the latter had made an attempt to strike him only Brennan came between them and prevented him. - Mr O'Dempsey: You are in the employment of Mr Corrigan, who took an evicted farm recently? Yes.

Mr Moffat - It is not recently. How long ago is it? - Doyle: I don't know, but I am with him now for about three years.

Mr O'Dempsey - And haven't you been called an emergencyman by lots of people? - Doyle: I have.

Mr Moffat objected to those questions being asked.

Mr O'Dempsey contended that this evidence was admissible, as it showed one of the elements which caused this man to be in dread. - Mr Moffat; He can only give evidence as to how he is in dread of Cosgrave.

Doyle, in reply to Mr Moffat, said he could not make out that Cosgrave was drunk until he went over to him. He often spoke like that on the road when he was sober. He did not know if Brennan was helping him to keep him from going into the house or merely whether it was to pacify him as he was drunk.

Mr Moffat - And did you go over and strike the man that another man was holding? Not until he jostled me. How could he jostle you when Brennan was holding him? He reared (laughter).

Mr Moffat - And whilst he reared Brennan still held him?

Doyle - Couldn't a man block against another through that man is holding him.

Mr Moffat - And do you think you are at liberty to go out and crack a man's head because he shouts on the road at night?

Mr O'Dempsey - Don't answer that. That is an argument. It is not a question.

Doyle did not answer, and Mr Moffat repeated the question.

Mr O'Dempsey argued that the witness need not answer. He might be asked if he thought himself justified in striking under the particular circumstances of this case.

Mr Moffat - Why did you state in your information that Cosgrave jostled you? I forgot it.

Mr Moffat - Then you forgot one of the most important charged you had against him, and which you now say might have led you to commit a breach of the peace on that night.

Jas Brennan deposed that one the day in question he was at the market in Newtownbarry. At Clonegal on his way home he picked up with Donohoe. Donohoe said to him, "As you have always been a decent fellow, come back to Clonegal with me." They went back and went into a public-house and had a drink each. They were all the worse of drink or very near it. They met Cosgrave, and he (Brennan) would not have remained in Cosgrave's company only for Donohoe. Cosgrave was the worst of the three, although there was none of them sober. When they came near Doyle's house Cosgrave began to talk very loudly about emergencymen. He said to Cosgrave, "Do not say anything like that because if Doyle hears you it might not be so very well." Cosgrave replied, "What do I care about him, and if he likes he can come out. I don't care if he comes out here now." Doyle came out and said, "This is a queer hour of the night to be raising a row at a man's house. What is the reason you cannot pass by my house the same as any other man's?" Witness had a hold of Cosgrave at the time and he jostled against Doyle, and then Doyle struck him once. Cosgrave fell when he got the blow, but before that, he had fallen several times without any blows. On a couple of occasions when he fell on the road he wanted to be allowed to remain there, as he said himself, to have a rest. He was bad enough the way it was but it would have been worse if Cosgrave had been found dead on the road. Cosgrave would walk right well when he got the "tip" (laughter). After Doyle struck Cosgrave he went with Doyle into his house and not see Cosgrave after.

The chairman, without making any remarks on the cases, said he would dismiss both.



John Doyle | Nationalist & Leinster Times:- ALLEGED ASSAULT NEAR CLONEGAL

The newspapers cover the court case between John and Thomas Cosgrave.


Owner/SourceNationalist and Leinster Times; Published 20 May 1899; Page 10
Date20 May 1899
Linked toJohn Doyle

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