THE ENNISKILLEN CHRONICLE AND ERNE
PACKET 15 MAR 1824
John M'Iver, private 66th Regt.,
examined. -Was at the fair of Ederny; was present when stones were thrown at Tiernan's
house; saw James Durkin and Henry Burns in the mob who were throwing stones-[identifies
them]---saw Burns throwing a stone; witness said to him "you don't know anything
about house breaking. Or you would not throw;" Burns then threw more; swears Durkin
was the main man in the business of throwing stones; Durkin told witness he would take his
bayonet and put it in his backside, and was going to beat witness but was prevented.
Cross-examined by Mr. Lyle.
-Enlisted at Holiday last; got a pass to go home; went to see his friends in the fair;
drank two glasses and one pint of beer in the fair that day; went to the gaol to see one
Wilkin; did not tell him not to come forward to prove against him for that he was drunk,
saw men come into the fair, with muskets and go down the street; they were attacked by the
mob; Durkin threw a stone at Wm. Cooper; left the barbarous mob; to go home, when Durkin
overtook witness on the way, and went to beat him; did not use his bayonet on that day or
even drew out of scabbard.
James Fitzpatrick examined.
-Was in the fair-saw the guard come in there-saw Ned Nolan throw stones at Tiernan's door,
wherein the guard then was-James M'Cue had stones in his hands under his coat-saw John
Magolrick there [identifies him]-witness bid them stay away, and keep out of that place,
Magolrick replied that he would not, and his own people murdering-he then joined the mob.
Cross-examined by Mr.
Macklin. -Did not see Magolrick do any thing after---M'Cue had the stones as above
described-the door of Tiernan's house was shut before the shot was fired-saw the guard
leave the house-Tiernan turned them out, otherwise it would have been burned or torn up.
The mob threw stones at the guard when they were going away-witness was above at the
cross-roads when the shot was fired, they heard that it was fired through the window-the
door was shut and the windows smashed.
Robert Barton examined by
Mr. Boyd. -Was in the fair and saw riot-saw the guard in Tiernan's house-saw stones
thrown-Wm. M'Laughlin and Keenan threw stones----M'Laughlin stooped and threw 2 stones-he
stumbled and fell down on his getting up-witness recognized him-witness had known him
Cross-examined by Mr.
Dougherty. -Went to the fair about his own business, to meet his master, Mr. Graham-cant
say the exact hour-witness was chased into a house-there were few of his sort in the
riot-is a Protestant-will swear he never was in a riot-had nothing but a rod in his
hand-went home with the guard-did not go into Tiernan's house, stood near to it, at Jack
Monaghan's door, which is about a perch from Tiernan's-remained in the street until the
guard went out-the stones were throwing rapidly, but witness kept from them-dare not go
home alone-could go home without passing Tiernan's house-was anxious to die with his
comrades, for he knew his life would be taken if he went home alone, having been
chased-got no injury when going home, he had company-knows Corrigan-was present at his
arrest-identifies Terry Corrigan, who was in the mob at Tiernan's door-witness gave him a
push, and desired him to go home from witness's party-witness had been struck by Keenan,
in the early part of the day.
John Chittick examined by
Mr. Litten. -Was at the fair-saw mobs of men, gathering together, beating odd ones-was at
Tiernan's before the guard came-identifies Mick M'Cullion as having been there that
day-witness told him to stand back or he would be shot-M'Cullion replied, "dam your
souls, what brought you there," and added, "for the man that brought the guns
there ought to be smashed"-this occurred a short distance from the gable end of
Tiernan's house-shortly after another of the mob came forward and said that "the
house ought to be unroofed over their heads, the same which was done in other
places," and M'Cullion said. "I'd be one of the men that would help to do
it."-did not see M'Cullion do anything more-witness then went off.
Cross-examined by Mr. Lyle.
-One side had all to themselves-did not see M'Cullion do anything that day-heard a shot
fired, after M'Cullion used the words "I'd be one, &c.," the shot was fired
from Tiernan's house-saw the guard leave Tiernan's peacefully, and go up the town-swears
that the conversation with M'Cullion was before the shot was fired, and was then standing
near the gable end of Tiernan's house.
Johnston Campbell sworn,
examined by Mr. Schols. -Was in Ederny fair on the day in the indictment-saw rioting
there-saw stones thrown at Tiernan's house-saw Bryan M'Barron (prisoner) there,
[identifies him] saw him with a stick clubbed-it was near 5 o'clock when witness was
there. This witness in his cross-examination, proved the assembling at Drumkeen fort, the
charging of some guns there, that young John Ingram noticed him and others, and that he
did not see M'Baron doing any thing.
William Cooper, examined by
Mr. Deering-Knew Robert Ingram, the deceased-saw him on the evening of the fair-witness
was at Tiernan's house-saw deceased there with one foot on the threshold-witness was
standing beside him, when he (deceased) was struck on the head with a stone-he staggered
back, and then forward-witness asked him if he was much hurt-he replied not-witness said
he was afraid he was much hurt, which deceased admitted-heard the shot fired, which was
after deceased was wounded-saw James Durkin (whom witness identifies) throw a stone into
the house-it went into the jamb wall between the deceased and witness-Durkin then went
back and lifted another-but will not swear that he threw the second one-witness looked
around a little-then looked at deceased, and found he had been wounded-a vast deal of
stones had been thrown at Tiernan's house at this time-saw the guard there-witness was one
of the guard-did not see the guard.
Cross examined by Mr.
Lisle-Went early in the morning to the fair-left it before three o'clock, and returned
with a guard-got a gun on Drumkeen hill-does not know who gave it to him-witness only
accompanied the cattle to the custom gate-returned to get money for yarn his wife sold
there and went into Anthony Carleton's to drink-the mob gathered (about 10 or 11) and beat
witness into Sheenan's house-witness was going to wash the blood off himself, when he met
the guard, with whom he was solicited to return to the fair, with which the witness
complied-positively said he never used or heard the expression "here's the Coopers of
Edenclaw, who dare oppose them"-was struck a t Tiernan's door and cut.
Cross-examined by a
Juror-does not know who struck him.
John Neville, Surgeon-Described the nature of the wound received by the deceased, which he
states was inflicted by a blunt instrument-deceased had a fracture in his head-described
the proper treatment of a fracture-deceased was not trepanned-examined the wound.
John Virtus examined, but proved nothing but what has already been stated.
examined-This witness merely proved that Henry Burns told him he held up a stick as a
signal to beat persons.
James Irvine-saw Owen M'Donagh in the mob and proved nothing further.
James Connolly examined-Saw
rioting in the fair-heard Henry Burns call out for a "Yellow Lilly
Protestant-[identifies Burns]-was one of the guard-saw James Keon, who came forward with a
stick, and asked what brought them there with arms, was it to head a mob?
Cross-examined-Had a gun and
bayonet-does not know whether gun was loaded-got it at Drumkeen-hill-never was on duty
before that day, but has since been made a yeoman by Mr. D'Arcy Irvine. Nothing further
material came out of this examination.
Rebecca Brien, examined by Mr. Schoales-Lives at Ederny, and lived there last
March-remembers a riot-her house is situate in the middle of the town opposite
Tiernan's-was standing at her own door when she saw the guard coming down the street-saw
stones thrown different ways-the guard passed down by Tiernan's house and returned-heard
one of the mob say "come on boys, now's the time," --and then a great number of
stones were thrown-saw Pat M'Donagh stoop and lift a stone and throw it at Tiernan's
Cross-examined by Mr. Lisle
-Was on the street when she heard the voice say "Come on, &c." --went a few
steps to see about her husband-there was nothing to obstruct her view of Tiernan's house
from where she was then standing, but the mob-there were not any standings opposite the
door, of either her door or Tiernan's there was a passage left by which the guard might
have gone in without going down further.
Henry Graham examined by Mr.
Deering-Recollects the fair of Ederny, and the riot which took place in the evening; saw
Ned Dolan among the persons who attacked Tiernan's home-(witness identifies him)-saw him
throw stones towards said Tiernan's house; witness was then at the highway; did not belong
to the guard; nor see them injure anyone, but heard some of them say, "here's the
Coopers, is there any one to oppose them;" witness at this time was near the
By the Judge-----Saw
prisoner throw more than one stone.
FOR THE DEFENCE
Roger Monahan examined by Mr. Dogherty. ---Lives in Edenaclagh-was in the last March fair
of Ederny-went middling timisk in the morning-can't tell the hour---saw some armed men
come into the fair middling late in the evening-witness was on horseback, and was about
leaving the fair when he met the armed men, who passed him by, and went down the street in
the direction of Henry Tiernan's---after the party passed him, heard some of them say,
"Here's the Coopers, where's there any rascal dare oppose them"---Can't say that
he heard any other expression used by said party-the party on coming into the town lowered
their arms, like charged bayonets-(witness described the manner of lowering)---this was
previous to their going to Harry Tiernan's house---shortly after saw them go up to Harry
Tiernan's house---they ranged themselves outside of his house, and immediately after heard
a shot fired, and on looking round he saw the armed party ---------------
About 18 lines of print
Witness went away and did
not stop to see more; witness has a great failure in his limbs; admits having heard people
say that there were riots in the fair, but he saw none, nor can he tell the nature of the
riots; the street was quite leisure (meaning quiet) and no appearance of a riot until the
guard came there; witness never was a Barony Constable; did not see the guard injure any
one when they came into the town; there were numbers of people in the street when the shot
was fired; some making their markets; can't swear that it was at the people making their
markets the shot was fired; the report in the town was that there were windows broke, but
did not see them; does not recollect seeing M'Cullion (one of the prisoners) there; he is
related to witness, but admits that he might have been there unknown to witness.
James Durneen sworn and
examined by Mr. Lyle. -Was in the fair in March last, and was in it in the morning and in
the evening; saw an armed party like yeomen come in; saw Jemmy Phillips and Willy Cooper
in the guard, after the guard came round Tiernan's house to the street from the back yard;
saw them (Phillips and Cooper) present their pieces, but can't say they fired; did not
hear expressions of any kind used by them.
Cross-examined by Mr. Boyd.
---The fair appeared disturbed; heard there were a great deal of strangers in it; did not
hear the expressions "Yellow-belly," or "Heretic" used; there were
some persons pursued into his house; witness gave them protection; can't say there were
any people injured from guns or bayonets; it appeared to witness they (the guard) meant to
injure the people when they presented their guns; knows Johnston Bell; he was protected in
wittiness' house; saw a man pursue Bell into witness' house, who took off his handkerchief
to fight; has no friends among the prisoners; on his oath he has not collected any money
to defend the prisoners; and swears Johnston Bell would have done more harm to the man who
pursued him, than what he would have done to Bell; swears he did not see any of the
prisoners rioting, or throwing stones on that day; witness's house is opposite Tiernan's;
witness keeps a public house.
Cross examined by the Judge---The standings were opposite Tiernan's house and distant a
few yards from it; no pass between Tiernan's and the standings, except at the under end;
witness' house is below Mrs. Brien's; the guard came down the street from the Drumkeen
side. ---(Witness then described the situation of Brien and Tiernan's houses.)
Peter Bogan examined by Mr.
Macklin. ---Swears he was kept all day out of the Courthouse! -Remembers the last March
fair of Ederny; --was there about sun-set, or a little before it; saw the armed party come
into the fair; saw among the armed party James Conolly, William Cooper, and a man from
Aughaleague (does not mind his name); about a score of them in all, with guns and bayonets
screwed on, over their shoulders; they went down the street in the direction of Harry
Tiernan's; they did not then go to Tiernan's; they appeared to be stopped; saw a man named
Sam Johnston swear (by his mortal S-----v-----r)he'd run them through; he ran at Owen
M'Donagh with the appearance of sticking him, but Sam did not; stick him; young Hugh
Johnston was with the guard; he had a flail in his hand; the guard turned upwards, then
saw them go to Tiernan's door. Wm. Cooper had a gun and bayonet; heard him bid some of the
people outside to stand of, when a man said to him (Cooper) to take care of what he was
about; heard a shot fired; suppose it proceeded from Tiernan's hall door.
Cross-examined by Mr.
Scholes. --- Was early in the fair---saw some odd ones beat early in the day - there was
rioting in it ---some went into the house for shelter ---heard of Protestants beating
Protestants - believes there were Castlecoole boys in the fair on that day---it was in the
evening when he first saw the arms ---the Protestants had no arms when they were beat,
which was before the guard came---he did not go forward to them ---'twas Sam Johnston went
forward ---saw Owen M'Donagh standing on the street, doing nothing ---the shot was fired
when on his way out of the fair -heard a man was killed there, but did not hear it until
long after he left the fair.
James Barton examined by Mr. Dogberty. ---Was in the fair ---went there in the morning
---saw a party with muskets come into the fair ---it was in the evening ---they consisted
of about a dozen ---a man was beat in Drumkeen a little while before they came into the
fair ---the armed party went down the street ---heard no expression used by the party
---witness went on one side of the street, and went into John M'Dermot's, and on turning
round, heard a shot fired, and then stones were thrown ---there were a great number of
people between him and Tiernan's ---it was in or about Tiernam's door that the shot was
fired ---they gathered themselves there in form (here witness described their form) ---did
not see them go into Tiernan's house ---witness had a view of Tiernan's house at the time
of his being in M'Dermot's shop ---saw the armed party leave the fair ---witness is a
Protestant, and goes to church ---witness received no injury.
Cross examined by Mr.
Deering, --- There was a very riotous mob in the fair ---they were mostly strangers to
witness, as he did not know them ---there were several Protestants beat during the day in
the fair and (after a pause of 2 to 3 minutes) admits the guard came there that day for
the protection of the Protestants in the town ---Ederny is a rough street ---when he first
looked out of M'Dermot's, saw stones throwing ---did not see any person damaged by the
arms ---recollects seeing a man putting a gun to his eye, as if to fire at the crowd, but
did not see him fire ---there were stones throwing in the direction of where the armed men
then were ---saw Tiernan's house after the guard left the town ---the windows were broke
in it, and the house wrecked ---went with Alexander Irvine to the fair ---knows the most
of the prisoners at the bar ---swears he did not see any of them in the fair, but they all
might have been there without his seeing them ---was once in Magee's and took a glass in
it ---drank spirits with James Gallagher -knows Owen M'Donagh, one of the prisoners, and
swears he did not see him there ---does not recollect seeing Sam Johnston with the guard
-can't swear to any of the party who had guns ---knows the Coopers, James Phillips, and Wm
and David Ingram ---saw David Ingram in the fair, but did not see Phillips there --saw
America Cooper there about the middle of the day ---did not see them in the guard.
Charles Gallagher examined
by Mr. Lyle ---Was in the last March fair of Ederny ---remained in it until between 3 and
4 o'clock ---then went home ---saw no armed men when he left the fair ---James Keon (the
prisoner) was with him till he went to his house in Muckross ---is three miles and a half
from Ederny, and the prisoner (James Keon) was with him all the
(About 16 lines missing)
Keon (the prisoner) for 11
years; his general character was that of a genteel character.
Cross examined by Mr. Boyd
---Has kept a public house in Enniskillen for the last 11 years; has a farm near
prisoner's residence, which he frequently visits; never heard of prisoner being in a riot
After a luminous explanation
of law, as affecting the case, and a general review of the evidence, by the learned Judge,
the Jury retired for about twenty minutes, and brought in a verdict of acquittal for all
the prisoners, ---
The trial lasted 15 hours