CLARE SPRING ASSIZES, 1878.
CROWN COURT—Wednesday
The Lord Chief Baron took his seat on the bench in the Crown Court soon after ten o'clock this morning.
THE CRUSHEEN MURDER CASE.
Sergeant Sherlock intimated the Crown were ready to proceed with the
trial of Patrick McNamara, against whom true bills had been found by the Grand Jury for murder.
The long panel having been called one hundred and twenty answered, and after considerable challenges the following were sworn on the jury:—Robert Holmes, jun., Foreman; James Cullinan, William Keogh, Patrick Molony, Samuel Bourke, Timothy Cullinan, Daniel Considine, Michael Killeen, John C. Mahony, Anthony O'Dwyer, John S. O'Connell, and James Cronin.
Patrick M'Namara was then indicted for the willful murder of
Patrick Kearney, near Crusheen, on the 15th of January last. The prisoner, through his solicitors, Messrs. Cullinan and Molony, pleaded not guilty. Mr Fitzgerald, B.L., appeared as Counsel for the defence.
Mr Sergeant Sherlock, Mr Coffey, and Mr Lynch, were the Counsel for the Crown, instructed by Mr Murphy, Crown Solicitor.
All witnesses having been ordered out of court Sergeant Sherlock stated the case, representing that on the 15th of January the deceased was known to have left his house with a horse and car for the purpose of purchasing scallops, and between 12 and 1 o'clock of the day he was found lying on the road side, with his head beaten in by stones, and in about ten minutes after being so found he died. The prisoner was connected with deceased by marriage, and had differences with him about land. The evidence that would be adduced was solely circumstantial, but in his mind so strong as to leave no doubt but the prisoner was the perpetrator of the murder.
Mr George A Millard, C E, was the first witness called. He deposed that had made a map of the scene of the occurrence, which was produced in court. A copy of this map was submitted to the jury, and the witness explained the several points indicated upon it.
Mr James Ryan, station-master in Crusheen, was next examined, and in reply to Mr Coffey, Q C, deposed that the train from Limerick to Gort arrived at the station at 11 55 on the 15th January and left at 11 57.
Mr Fitzgerald—When did you write that? On the departure of the train.
Were you on the platform? I was.
On your oath did the train only remain two minutes? On my oath that was all. Sometimes she only remains a minute.
Thomas McInerney was next examined by Sergeant Sherlock. He deposed—I live at Gortnicka [Gortaniska], near Crusheen; I know Pat Kearney, and saw him about one o'clock on the 15th of January.
Sergeant Sherlock—Was he then living? He was.
What position was he in? Lying on his back.
What did you do then? I ran back and told Monty Tierney of it.
Did you come back again? Yes, I did with Tierney.
What did you do next? I ran back and met my mother.
His Lordship—Was your mother with you when you and Tierney came up? No.
Sergeant Sherlock—Did you see stones on the road? I did.
Did you see a horse and car?
Mr Fitzgerald—Really, Sergeant, this is too important a case to lead the witness.
Sergeant Sherlock—Was his coat open? It was.
Did you go away then? I did.
Can you state what hour it was? About one o'clock.
Mr Fitzgerald—How far from the body did you see the horse and car? About 100 yards; I live about a mile from where the body was found.
Morty Tierney was next examined by Mr Coffey—I recollect seeing the body of a man on the road on the 15th of January; I was engaged bringing home turf from a bog along with
John Walsh.
Did you see anything on the road? A horse and cart without a driver.
Was that on the road leading towards Doon? It was.
Was there any communication made you by the last witness? There was; I met him after passing the house, and in consequences of what he told us, went back and first saw a hat about from here to the gate of the courthouse from the body; the man was not dead at the time.
Was he able to speak? I don't think he was.
How did you find his pockets? Turned inside out.
I believe you sent for the police? Yes, I went for them.
Up to the time you saw the body, did you see any one on the road? No.
What sort a wall was there near where the body was found? A single stone wall.
Mr Fitzgerald—What distance was the hat from the body? A few yards; the vest was open; I could see over the wall at the side of the road.
Dr William Cullinan deposed, in reply to Mr Lynch, that he examined the body of the deceased and found a cut on the eyebrow and on the back of his head; his skull was smashed to bits.
Mr Lynch—In your opinion, what was the cause of death? The wounds of the head.
What were they likely to have been inflicted by? By stones.
Is it likely they could have been caused by a fall from a car? No.
Nor from the kick of a horse? I think under the circumstances it would have been impossible.
Miss Mary Dillon was next examined by Sergeant Sherlock, and stated—I pointed out to Mr Milward the locality of my father's house; I remember the 15th of January; between twelve and one o'clock I was in
Mr Slattery's house inside the window, which is facing Crusheen.
I saw a man run where the deceased lay but I did not know him.
In what direction did he run? Towards our house; he put his hand on a wall as he was going to jump over it but he did not.
In what direction did he then go? Towards Gort.
Where did you lose sight of him? He went only a few yards from where he was going to jump out and I turned from the window and did not see him anymore; he wore a flannel waistcoat.
About what distance was he from you? About 150 yards.
To Mr Fitzgerald—I was inside the house and the window was closed; I am not sure is the place more than 150 yards away.
Mr John Dillon examined by Mr Coffey, deposed—I recollect the 15th of January, and know a man named
Murty Tierney; in consequence of what he told me I went and saw the deceased, who wasn't dead at the time; he wore an outside coat, and an inside one, and a waistcoat, and his pockets were turned inside out, two stones near the body were spotted with blood (the stones were here produced) before Tierney came up I observed a man running; I am sure he was a young man from the way he ran; he ran very fast; he wore a white flannel waistcoat, a corduroy trouser, and his coat was hanging over his shoulders; he came from where the dead man was, and when he came to the wall between two fields he turned and ran in the direction of Doon; he had on a black low hat; from the time I saw him run I did not see a human being on the road; the body lay on the right.
Had you been on the road before you saw the body? Yes.
How long? To the best of my belief about ten minutes; the stones were not there then.
His Lordship—Was the body there then? No.
Mr Coffey—How long did the deceased live after you came there? About ten minutes.
Mr Fitzgerald—How far is your house from the road? 200 yards.
How far is your house from
Trimbletown [Thimbletown], where the prisoner lives? About two and a half miles.
His Lordship—How long after you saw the man running did Tierney come up to you? About half an hour.
The witness [still John Dillon] then deposed, that when his attention was called to the occurrence of the state in which the deceased was found he proceeded there at once. It was not more than 200 yards from his house. Found stones about the body. Passed the road a few minutes before he came up to the spot where he found the man on the ground, and observed no stones on the road. He was bleeding desperately from the mouth, and throwing up occasionally thick clods of blood. As I said before he was not exactly dead, but expired in ten minutes after. I reported the affair at once to the police.
To the Court—It was about half an hour before I saw the body that I passed; there were no stones there then; they could not have been there without my observing them.
Court—How long was it after you left the man who was dying on the road did Tierney come up to you?
Witness—Not more than ten minutes.
Court—Are you able to identify the man you saw running along the wall in the field?
Witness—No; all I could observe was his running and that he wore a white flannel waistcoat, with something like a forage coat, thrown over his shoulder.
Catherine Cusack was next examined and deposed that she remembered the day of the murder; was in a field adjoining her father's house between eleven and twelve o'clock, and observed a man quickly walking along a wall a distance from where she stood. He crossed the wall, and went through other fields. He went in the direction of Dillon's house from one field to another. He wore a discolored flannel waistcoat with sleeves and had a sort of coat thrown over his shoulder. Known the prisoner well, but could not swear he was the man she saw.
Mr. Fitzgerald—For the best of reason, because he was not. There was a strolling tramp about the neighbourhood then.
To the Court—I was not near enough to recognize the man I saw.
Thomas Griffiths was sworn but his evidence merely went to show that on the day of the murder about the time it took place, he saw a man with a flannel vest running through the fields. The place from where he saw the man and Dillon's house was about a half a mile.
The next, and principal witness as to positive identification was
Thomas Heffernan, who was examined by Sergeant Sherlock; and deposed that he held a farm within a mile of Dillon's house, on the day of the murder he saw a man coming up from the hollow towards the top of the hill; he was not more than 40 yards from him; the prisoner [Patrick McNamara] is the man, and he was seemingly going in the direction of his own house; he wore a faded flannel waistcoat, and had a sort of a dark coat thrown loosely over his shoulders.
Mr Coffey—Are you positively sure the prisoner is the man you saw that day?
Witness—Quire sure, sir.
Mr Coffey—You know him well, I presume?
Witness—Perfectly. It was between twelve and 1 o'clock at the time.
Cross-examined by Mr Fitzgerald—I did not speak to him; at the distance he was from me I am sure he was the man.
Mr. Fitzgerald—Now, could you not be mistaken at that distance about a man you saw wearing a flannel shirt?
Witness—I knew him too well to be mistaken.
Court—What time did you see him?
Witness—About dinner time, near one o'clock.
Mr Fitzgerald—Though this witness has stated he knew the man he saw, I don't think the jury will be satisfied upon that point.
Court—That will rest with the jury to decide.
Mr Fitzgerald—I know, my lord, but I think I am at liberty to make the observation.
Court—Perfectly so, Mr Fitzgerald, but the witness has sworn positively that he knew the man.
Mr Fitzgerald—My lord, I must notice everything I can on behalf of the prisoner.
Court—And I will give you the fullest latitude in doing so, this being a case of circumstantial evidence, where everything for the advantage of the accused ought to be put forward.
Sergeant Sherlock—But, my Lord, Mr Fitzgerald is not entitled at this stage to cast out insinuations.
Court—When he is concerned for a man on trial of his life, I will afford him every legal advantage. That I am bound to do presiding as Judge.
Sergeant Sherlock—I beg your lordship's pardon, you are quite right, but our additional evidence is of a very strong character.
Court—I presume the Crown would not go on with the case otherwise. Go on with your evidence.
Mary Keane was examined and swore she resided in the locality of the murder, and on the day it occurred she saw a man running up through the fields wearing a flannel waistcoat, but did not know who he was. He wore a small hat and his coat was thrown over his shoulder.
Mr Fitzgerald—Did you know the prisoner before that day?
Witness—I think I did.
Mr Fitzgerald—Will you now take upon yourself to say he was the man you saw?
Witness—No Sir, I could not know the man I saw.
Michael Keehan was sworn but his evidence merely went to show that upon the day of the murder he was cutting bog wood on a townland in the vicinity of the murder, and saw a man between 12 and 1 o'clock passing, dressed with a flannel jacket, wearing a low hat, and sort of frock coat thrown over his shoulders.
Thomas Donnellan deposed that he recollected the day Kearney was murdered; he was working above the place where Kearney was murdered; he saw the prisoner [Patrick McNamara] that day about the time the train was in Crusheen within his own land after calves; it was mid day. He was dressed in his own clothes. He was facing up home. Saw him next about three o'clock with a load of bog stuff.
Cross-examined—He was walking after calves about noon. That was about three miles from Crusheen.
To His Lordship—He could see, from where he was, the train stop at Crusheen.
John Kehan [Keehan] deposed to Mr Lynch that he knew Pat Kearney who was killed, and knew Pat Macnamara the prisoner. Saw Kearney about 11 o'clock. He was coming down the road with a horse and car that was near the village. Saw the prisoner about the same time in his own field, and Kearney should pass down by that field. Witness saw Macnamara and spoke to him. A person standing where Macnamara stood should see a person passing the road; could not rightly describe his clothes only that he had a dark frock and his hands were not out. He wore a low hat.
Cross examined by Mr Fitzgerald—This was 12 o'clock.
Continued on Page Three.
Sub-Constable Burke sworn, On the day Kearney was murdered he received information about 2 p.m., and went with other constables to Knockmeal. He found Kearney lying on the side of the road near a pool of blood. There were stones near with blood on them. He went then to the murdered man's house; next he went to the prisoner's house but he was not there. He found him [Patrick McNamara] near the place. He asked was his name Pat Macnamara and he replied it was. He said he had been drawing bogmould and went to draw it about 9 or 10 o'clock. He said he heard Paddy Kearney was killed. He examined his clothes but there was nothing on them. Witness examined his clothes with his permission. He would have let the prisoner go up to that time.
Cross examined—Did you ask his permission. He did not consider he had grounds for arresting him. He did not catch hold of him.
To Sergeant Sherlock—He said he could not tell how many loads he had drawn, upon which witness asked him had he five or ten loads, and he said he had or more.
Did you see any of his clothes at the barracks? Yes.
Did you see his shoes? Yes, and I remarked they were polished. I asked him had he a second pair of shoes and he said he had an old pair of shoes but that he had not worn them since the previous Saturday. When they were produced they were wet and dirty, with bog-mould and clay; I found on the breast of his flannel waistcoat a spot that appeared to be blood (the vest was here produced and identified by the witness.)
Mr Fitzgerald—When you told him Kearney was killed was it known in the neighbourhood? It was.
You remarked the shoes were wet? Did the
prisoner's mother say anything? She said the
prisoner's sister might have worn them.
Captain M'Ternan, R M, was next examined and deposed—That the prisoner had been charged before him with murder; after giving him the usual caution the prisoner made a statement.
The witness here read a statement which he swore had been made by the prisoner and it was handed in evidence. It was as follows:—
"I [Patrick McNamara] was at home all day except when I was about the calves which were not very far. I was not there [Knockmeal, presumably] at all. That way [the Knockmeal road] would not be my way home, I was often in Crusheen, and I never went that damned way. I never took that line, it would be a contrary way to home, it would be more facing Cahir than my way. It was not facing where I lived at all indeed."
Patrick Halloran was next examined—In reply to Mr Lynch he stated—I knew the prisoner and remember the day Kearney was killed.
I was drawing turf on that day and the
prisoner was drawing bog mould. I was throwing the turf where he was passing on the road. I first saw him about ten or half-past ten o'clock.
How long did you continue at work? Until about three.
His Lordship—From where you were working had you a view of the road? In some places I had and some places I had not; I saw him about ten and I did not next see him until half past two. I brought seven loads of turf that day.
To his Lordship—The prisoner might have been at his house during the time I came down with the loads.
To Mr Fitzgerald—There were some hollows where I could not see the road.
Here there was an adjournment for luncheon.
When his lordship returned, Doctor Charles A. Cameron was called.
Constable Daniel Lapp was also called and proved that he received the jacket (produced) and sent it to Dr Cameron.
Dr Charles Cameron deposed that he had examined part of the vest found upon the prisoner, and upon the part cut out was a spot of blood.
To Mr Fitzgerald—There were no other blood stains upon the garment. I could not swear that it was human blood.
A Juror—Could you fix the time the stain was placed there? Within a week or so.
M. Kenny [surely, Michael Kearney] was next examined by Mr Coffey—The
murdered man was my uncle, and I lived with him;
I married the sister of the prisoner. I lived with the deceased five years next Shrovetide.
Mr Coffey—Did you leave of your own accord?
Mr Fitzgerald—I object to this evidence.
Mr Coffey—Had you any conversation with the prisoner in reference to you and your wife being turned out? I had not, sir. Of course when we were turned out, we were all talking about it.
Tell me what the conversation was in his presence? Macnamara said we had no claim to the land when we did not get it at our marriage.
Did he [Patrick McNamara] say who had the land was to go to? I don't remember.
Mr Milward was recalled to prove the distance in the points indicated in the map.
This closed the case for the crown.
Mr Fitzgerald—My lord the deceased man's wife has made an information. Of course I will be allowed to cross-examine her.
His Lordship—Certainly.
Mary Kearney was then produced, and in reply to Mr Fitzgerald stated that
on the day her husband was killed he went for scallops and witness gave him ten shillings.
Mary Keane was also recalled and stated, in reply to Mr Fitzgerald, that she had told Capt M'Ternan that the prisoner had kept his face away from her.
At the desire of the judge, Mr Harvey, clerk of the crown read her informations.
Mr Fitzgerald then addressed the jury. The case he said was a desperate one and upon their verdict depended the life of the prisoner at the bar. He need scarcely remind them that if they have, amidst the tangled thread of evidence, a solitary doubt, they are bound to acquit the prisoner. The learned Sergeant who opened the case stated it was a murder for revenge, but the first thing they had to consider was there a murder at all. Assuming that the deceased man was murdered the first thing the jury had to consider was what was the motive. The Crown in opening the case relied on the position not of the prisoner at the bar but of the man—the deceased's nephew—who had been turned out of his home by the deceased. God forbid that he (counsel) should point to the nephew of deceased as the perpetrator of the act but the fact that there had been a hostility between him and the deceased points suspicion, at all event, away from the prisoner. Counsel having alluded to the incompatibility, of a murder being committed from mere hostility, and at the same time having a robbery committed, went on to say that he would produce a witness to prove that the day upon which the occurrence took place was a fair day in the neighbourhood and that consequently this circumstance suggested that the deed had been committed by some tramp. Surely if the prisoner at the bar wished to take away the life of the deceased he would not select a day when people, who would likely see the act, were continually passing along the road, and this assumption, in itself, would go to prove that the murder had been perpetuated by some[one] to whom the possession of the money belonging to the deceased was a motive sufficient for the crime. Counsel then went on to review the evidence
seriatim and concluded by expressing the hope that the jury would discharge their duty conscientiously and that duty was to bring in a verdict of acquittal.
Mr Coffey replied for the Crown at some length and
His Lordship having charged the jury they retired at 5:40 and after sometime returned into court stating that they were unable to agree to a verdict.
His Lordship then directed that two policemen and two bailiffs be sworn and jury be given them in charge. He also intimated that he would call back at half-past eight, but directed that he be sent for in the meantime if the jury had agreed or required his assistance.
His Lordship then left the court.
At half-past eight he returned, and the jury having been called out the foreman stated that it was impossible for them to arrive at a verdict. His Lordship asked what course the crown intended to pursue.
Mr Lynch replied that they intended putting the prisoner on his trial a second time.
The Court then adjourned.
Clare Freeman and Ennis Gazette, Saturday, 9 March 1878