res w/Michael 1841-42; testified in Michael's defense; perhaps that Edward of Lisnageeragh, Edgeworthstown, who held lease [#11a] of 3+ A - home + land, from Alexander Bond, 1854 [Grif Val;]

Convicted 1842 for housebreaking; sent to Australia aboard "Kinear Transport" - arr 23 Oct; Age at initial hearing Feb 1842 given as 34; on Surgeon report in Aug - 30! Ht: 5'1+ 1/4"; Light brown hair; whiskers; Eyes:Hazel; High broad forehead, long nose, large mouth;

2nd. Count - Breaking into habitation???.

Evidence for the Prosecution Patrick Farrelly - In June last, witness lived at Currygrane and remembers 29 June. Witness was at home that night - Shortly after 12 o'clock at night witness was in bed - His wife was with him - Heard some noise at the outside door - His wife got up and went to the door - Asked who it was there - They called to open the door - Witness heard some talk between them at the door and heard a blow against the door -Witness then got up and went in his shirt to the door - Another blow was then given - Witness then put a bolt of deal against the door - His daughter assisting him to place it and witness lay down upon it to keep it steady - More blows were then given from the outside which he thinks must have been given with an iron crow bar or sledge - After a long time and a great deal of blows the door was broke in - Thinks it was three quarters of an hour from the first attack that it was broke in - bout seven or eight men came in and immediately attacked witness, beating him and giving him many blows - Witness held up his hand to protect his head and got one blow on the arm that made it quite powerless - Witness then got more cuts on his head - Thinks they were given with a heavy stick - He also got a severe cut on his foot - His daughter was near him - Two of the party then seized him and dragged him out of the house and threw him into the gutter outside the house - Leaving him mother? naked - He craved mercy from them and that they would not kill so old and weak a man - One of them said "Lay on the old rascal and let him take that for the boy" - The night was fine and bright and witness saw the men plainly - Identified the prisoners Hugh Quigley + James Mahady. He also knew two others who were there but they were not in the Court now - When witness begged them not to kill him until he got his Clergy one of them said "I think you are very well paid for the boy"- They made a search for witness's son and did find him at which time they set up a great shout calling out that they had found their young chap - several of them beat his son - Thinks there were thirteen or fourteen men in all - They then threw witness back in the house and put the door to - And one of them said "Now be a good neighbour and don't bring us back here again"

Cross - Examination. The prisoners live about three miles from him - Witness had in the house his wife,his son and two daughters - The men were in the house about a quarter of an hour that night - There was no candle in the house - It was outside the house that he saw and knew the two prisoners and could not know any of them in the house - The voice that spoke the words to witness was strange to him - It was not either of the prisoners that said the words - Witness knew Mahady well before that and Quigley also and had spoken to them before and would have known their voices.

Bridget Farrelly. Is daughter of the last witness and lived in the house with him - Remembers the the night of the attack, in June last - The first noise she heard was the blows to the door - Witness being in bed at the time - Witness rose up and went to the door and was lying against it to try and keep the men out - They broke in the door and then eight or nine men came in and fell to beating her father - She heard one of the men say "Lay on the old rascal and let him take that for the boy" - They knocked her father down and witness threw herself upon him to save him and she got three cuts and a bruise on her arm - Witness never saw Hugh Quigley but once before that night - One of the men she saw standing at the door was a tall man - Witness thinks it was the prisoner Hugh Quigley, but she cannot be sure of him. Witness's brother Patrick Farrelly was hiding under the bed. Cross - Examined. Witness did not go outside the house - Witness saw her father the entire time they were beating him, inside the house - She did not see her father beat outside the house and does not know of any injury done to him outside the house.

Patrick Farrelly (The Younger) Witness is son of the first witness - He was in bed and asleep when he was then suddenly awakened by a great noise at the outside door - There was also a stone thrown which broke his window - Witness then got up and hid himself - Witness then heard the men beating his father and he was crying for mercy - After beating his father they then went looking for him, found him and brought him out,two of them holding his head low and beat him - Witness does know any of them.

Case Closed For The Prosecution. *********************** Continuation Of Trial Evidence: Evidence For The Prisoners.

Edward Mahady. Witness is brother of the prisoner (James Mahady) was living with his brother in June last - Recollects the the night in question,it was bonfire night,Monday night - His brother was in bad health at the time - What he complained of was his heart - He was working the Saturday before, being ??? to work all along - He slept every night in the same house as witness. On the Monday night he (the prisoner) was to let blood - Witness saw the cut on his arm - The bandage had come off and the witness had assisted prisoner's wife in binding it up - He had gone to the Doctor about threeish - It was later in the evening when he went to bed - His wife was with him and witness helped put him to bed,he being in a weak state. It was quite impossible that he could have gone to Farrelly's house that night or go out the night at all - Farrelly's house was about three miles distance - It was Mr. Thomas (our steward) who advised him on the Saturday to get himself bled - He was so miserable that he did not leave his bed on Tuesday and he was taken on Tuesday night in his house.

James Norton. Witness is in the habit of bleeding persons - Witness bled the prisoner Mahady and thinks it was on the Monday 28th. June that he bled him in the arm and as he best recollects it might be about 12 o'clock or something after on that day.

Hugh McFadden (The Governor Of The Gaol) : Witness recollects the prisoner Mahady Being committed to the Goal on the 30th. June - He appeared very ill so much so that witness put him in Hospital at once - He was afterwards attended there by Dr. West - It was not from any wound that he appeared ill but being sickly and he remained in Hospital until he was bailed as witness believes. Case For The Traversers Closed. Evidence For The Prosecution In Reply.

Mike Connolly. Witness recollects the night of the attack on Farrelly's house - Witness knows the prisoner Mahady - Witness saw him on the evening of that day - Witness was then coming from the market at Granard and saw the prisoner a few perches from him walking by near his own house - Witness saw nothing particular about him and did not pass any remarks on him. ********************** Case Closed

In summing up the evidence to the Jury their attention was particularly directed to the manner in which the identification of the prisoners had been proved, only by the single evidence of the principal witness Patrick Farrelly(The Elder) - In considering which they would take into consideration the circumstances in which he was at the time and that they should also take into consideration evidence given by Edward Mahady (The prisoner's brother) followed as after by that of Norton (The person who was stated to have bled the prisoner) and more especially that of the Governor of the Goal as to the prisoners state of health when he was committed and they were directed if these circumstances did not lead them to entertain a reasonable and conscientious doubt with the respect to the guilt of both or either prisoners they should give them,or the one to whom such doubt existed the benefit of that doubt by a verdict of an acquittal. The Jury after some deliberation found both of the prisoners guilty. They were there upon each sentenced to transportation for a term of fourteen years Signed: Charles Burton, Judge. [National Archives,Ireland Ref.No.CRF 1842 M40]