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Carlow County - Ireland Genealogical Projects (IGP TM)

The Sydney Herald

Source: Turtle Bunbury Dec 2012

1835 Carlow Quarter Sessions. Extraordinary Language of a Priest from the Altar -

Riot at Borris Chapel.

Thos. Kehoe, James Kehoe, and Pat. Cody, were indicted for having been concerned in a riot in the chapel-yard of Borris on the 1st of February, and with having committed an assault on Edward Mulligan.

Richard Kelly, sub-constable, sworn- I was at Borris chapel on the 1st of February; I saw a free holder named Edward Mulligan there also; he had voted for Mr. Kavanagh.

Court-How do you know that?

Witness-By what the priest said from the altar. Witness continues- I saw, from the gallery I was on, a rush made at Mulligan into the opposite one; in order to protect him I went around, and saw about fifty persons dragging him off the gallery, after which they commenced pelting him with mud, stone, and gravel; saw one of the leaders was Patrick Cody, the prisoner at the bar; with the assistance of a few of Mr. Kavanagh’s men I succeeded in rescuing him from the mob. I was also kicked and bruised in protect him. Saw the two Kehoe’s also aiding and assisting. Heard the priest say, that "There were many persons in the chapel who voted for Mr. Kavanagh and Colonel Bruen, and he thought if the people threw mud at them, pushed, hooted, or threw gravel at them, no law could be taken of them." (Great sensation) I heard the priest also say at the commencement of mass that the people should be quiet until mass was over.

Court-Which of the priests made use of the above language?

Witness - The Rev. John Walsh, sen., the parish priest.

Cross-examined by Mr. Tierney -Mr. Kavanagh's men were not rioters, they were only protecting Mulligan; nor were they endeavoring to provoke the mob to fight. Mulligan could have no [?] in his hands, being knocked down and then kicked about by the mob.

James Roche examined-was at Borris chapel on the 1st of February, and saw Mulligan dragged out of the gallery by a limb, and knocked down and pelted with gravel and mud; went to protect him with a few others, but were surrounded by a great crowd, who dragged them about; he received a blow of a stone in bringing Mulligan through the chapel gate; Thomas Kehoe was there, and collared witness.

Cross-examined by Mr Barrett-Is a Roman Catholic; calls any number of people a mob who assemble shouting and beating an innocent man; does not think that any man of Christian feeling could stand by and see Mulligan get such treatment.

John Neill sworn and examined by Mr. Butler - Was at chapel on that day, and saw a crowd rush out of the chapel and go up on the gallery and drag Mulligan off and beat and kick him; Mulligan's face was covered with mud; saw James Keho there shouting and acting as leader,

Pat Holden, sub-constable, sworn-Was at chapel on that day. Saw Mulligan in the gallery at the last gospel. Heard a great noise in the chapel, and saw Mulligan pointed at, and people say he ought to be dragged out of the chapel as a Brunswick Catholic, who voted for Mr. Kavanagh heard the priest say that no noise should be made until mass was over; saw Mulligan then dragged out, beaten and knocked down on his hands and knees; he was then pelted with stones, mud, and gravel; witness and his friends went to Mulligan's protection, and succeeded in saving him from the fory of the mob; saw the prisoner James Kehoe very active as one of the rioters.

John Gillon gave similar testimony.

For the defence, David Byrne was examined by Mr. Tierney-Was at the chapel; Mulligan was not in until the end of the mass ; he saw no person doing anything unless Mulligan's friends who wanted to fight; he only saw two women pull Mulligan out of the chapel.

Other witnesses were called up, and attempted in the most barefaced manner to patch up a case by "false testimony," to show that Mulligan's friends were the rioters- Their gross prevarication was evident to the court, and they were not examined.

The Court charged the jury, and recapitulated the evidence, after which the Jury retired, and returned a verdict of guilty against Cody; but they could not agree in their verdict respecting the other prisoners, the jury was discharged, and the parties were bound over to stand their trials at the next sessions.--Dublin Evening Mail.

From The Sydney Herald, Thursday 15 October 1835, p. 2 – article

Source: Turtle Bunbury Dec 2012

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