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CONSPIRACY TO MURDER.
This is the case which was tried at the last Spring Assizes, as against John Ahearn, who was then found guilty of the crime, and sentenced to death, but which was afterwards commuted to transportation for life. The indictment runs to the following effect:--
John Ahearn, Maurice Ahearn, and Patrick Brown stand indicted that they, on the 27th October, in the 15th of the Queen [1851], at Killongford, in the county of Waterford, with malice propense, did conspire to murder James Troy, against the peace and statute. In consequence of the prisoners not agreeing to join in their challenges, John Ahearn was tried at alone at the last Spring Assizes, and the further hearing of the case was postponed till the present time. Mr. George, Q.C., having inquired if the two remaining traversers would now join in their challenge, and being answered in the negative, His Lordship remarked that they had the right of doing so ; but if it should turn out that the Court would be unable to go into the case of the second at this Assizes, he could not, under such circumstances, complain, if detained in prison until the next Commission. His Lordship then requested that they would consider well what they were about to do. The prisoners not being satisfied, Mr. George signified his intention on part of the Crown to proceed with the trial of Maurice Ahearn, who was then placed at the bar.
Mr. Dennehy (Clerk of Crown) commenced empaneling a jury for the purpose. [Those names marked (c) were challenged, and the names to which the numerals are affixed were sworn to try the case.] Nelson T. Foley (1), George L. Keane (c), Philip Kearney (c), Robert Backes (c), John W. Langley (c), B. W. Kielly (2), Alexander Kennedy (3), Edmond Russell (c), Mathew W. Biggs (c), James A. Merrit (c), John R. Steele (c), Stephen Gamble (4), Thomas Smith (c), Hancock Strangman (c), Henry Langly (5), John Wyse Furlong (6), Richard Barker (c), Henry Wilson (7), William Moore (8), John W. Maher (9), George Moore (c), Wm. Budd (c), Thomas Kelly (10), George Kelly (11), John Caulfield (c), Robert Carroll (c), Paul Heney (12).
Mr. George stated the case in a remarkably clear manner, and differing in no material point of view from the manner in which the like duty was performed by Mr. Scott, Q.C., at last Assizes, and with which our readers are acquainted. Richard Roberts, (C.E.,) was the first witness called, who proved the accuracy of the map, which had been prepared by him, of the neighbourhood in which the murder was committed.
Thomas Sherlock sworn, and examined by Mr. Pennefather, Q.C.—I reside in Bandon ; I have been acting as agent for Mr. H. Walsh, the owner of the property of Grange, for over 10 years ; I know the prisoner—he held part of those lands, and his yearly rent is about £62—John Ahearn and Patrick Brown were also tenants on those lands ; James Troy was my bailiff on this property ; in the month of June, '52 [sic], the prisoner was indebted to me, and I took his note for the rent then due—I had made an abatement on him previously ; I subsequently ordered proceedings to be taken on that note, and upon those of other of the tenants, including John Ahearn and Patrick Brown ; Mr. Kelly was my Attorney ; the Sessions took place at Dungarvan about the 1st of October, 1851.
This is the case which was tried at the last Spring Assizes, as against John Ahearn, who was then found guilty of the crime, and sentenced to death, but which was afterwards commuted to transportation for life. The indictment runs to the following effect:--
John Ahearn, Maurice Ahearn, and Patrick Brown stand indicted that they, on the 27th October, in the 15th of the Queen [1851], at Killongford, in the county of Waterford, with malice propense, did conspire to murder James Troy, against the peace and statute. In consequence of the prisoners not agreeing to join in their challenges, John Ahearn was tried at alone at the last Spring Assizes, and the further hearing of the case was postponed till the present time. Mr. George, Q.C., having inquired if the two remaining traversers would now join in their challenge, and being answered in the negative, His Lordship remarked that they had the right of doing so ; but if it should turn out that the Court would be unable to go into the case of the second at this Assizes, he could not, under such circumstances, complain, if detained in prison until the next Commission. His Lordship then requested that they would consider well what they were about to do. The prisoners not being satisfied, Mr. George signified his intention on part of the Crown to proceed with the trial of Maurice Ahearn, who was then placed at the bar.
Mr. Dennehy (Clerk of Crown) commenced empaneling a jury for the purpose. [Those names marked (c) were challenged, and the names to which the numerals are affixed were sworn to try the case.] Nelson T. Foley (1), George L. Keane (c), Philip Kearney (c), Robert Backes (c), John W. Langley (c), B. W. Kielly (2), Alexander Kennedy (3), Edmond Russell (c), Mathew W. Biggs (c), James A. Merrit (c), John R. Steele (c), Stephen Gamble (4), Thomas Smith (c), Hancock Strangman (c), Henry Langly (5), John Wyse Furlong (6), Richard Barker (c), Henry Wilson (7), William Moore (8), John W. Maher (9), George Moore (c), Wm. Budd (c), Thomas Kelly (10), George Kelly (11), John Caulfield (c), Robert Carroll (c), Paul Heney (12).
Mr. George stated the case in a remarkably clear manner, and differing in no material point of view from the manner in which the like duty was performed by Mr. Scott, Q.C., at last Assizes, and with which our readers are acquainted. Richard Roberts, (C.E.,) was the first witness called, who proved the accuracy of the map, which had been prepared by him, of the neighbourhood in which the murder was committed.
Thomas Sherlock sworn, and examined by Mr. Pennefather, Q.C.—I reside in Bandon ; I have been acting as agent for Mr. H. Walsh, the owner of the property of Grange, for over 10 years ; I know the prisoner—he held part of those lands, and his yearly rent is about £62—John Ahearn and Patrick Brown were also tenants on those lands ; James Troy was my bailiff on this property ; in the month of June, '52 [sic], the prisoner was indebted to me, and I took his note for the rent then due—I had made an abatement on him previously ; I subsequently ordered proceedings to be taken on that note, and upon those of other of the tenants, including John Ahearn and Patrick Brown ; Mr. Kelly was my Attorney ; the Sessions took place at Dungarvan about the 1st of October, 1851.