BALLINA CHRONICLE Ballina, Mayo, Ireland Wednesday, March 20, 1850 LIMERICK ASSIZES COUNTY CRIMINAL COURT - Saturday TRIAL AND MURDER Matthew and William Gavin were indicted for assaulting John Ryan at Cappamore on the 8th Sept. last; and in a second count that they did kill and murder him with reaping hooks. The prisoners appeared to be aged 20 to 23 years, severally. Mr. Sergeant O'Brien stated the case for the prosecution. Denis Murphy examined - Recollects the night of Ryan's murder; met Garrett and Ryan on the road that night; was going from Gavin's house to the widow Ryan, to accompany the son home; went along with young Ryan into a haggard and left John Ryan there, and went towards the widow Ryan's house; saw the prisoners in a field on his way; they had reaping hooks; when in the widow Ryan's house young John Ryan called him (witness) out; went towards home, and on the way heard a voice call out "mercy, mercy, Mat, don't, don't"; heard the voice from the direction he parted John Ryan; then went into a house belonging to Fitzgerald, who came out with his two sisters; he then went towards the widow Gavan's house; when witness came up to William he asked him did he hear any noise on the path and William said not; they then asked him where was Mat, and he said he went to William Murphy's for his horse; witness went back to widow Ryan's house; did not see the dead body next day; then went home to Gavin's and did not see Mat Gavin all that night; he was at home the night before the murder; did not see Mat Gavin the day after the murder; heard him saying he would be up to John Ryan for canting his cow;" before the death of the deceased saw the lace where John Ryan was murdered, it was towards that spot that he saw the Gavins. John Ryan (son of the deceased) was next examined - Recollects when his father was killed; was getting turnips that evening; heard a cry from the direction where the body was found of 'Denny, Denny, Murphy;' went then to his brother's house and told Denis Murphy he was called; Murphy's son was working with witness that day; Murphy then ran to Fitzgerald's house. To Mr. O'Hea - Did not hear the cry of 'Mat, Mat.' Honora Fitzgerald sworn - Saw Denis Murphy going towards the Widow Ryan's house; is sister of John Fitzgerald; heard a cry from the direction of where the deceased was found of "Denny, Denny Murphy;" went into her house; Denis Murphy came in a short time after; and her brother John went with him out; when Denis Murphy came in he said "there is something over the way;" they went two or three fields and saw nothing. Cross-examined - Did not hear the call "mercy, Mat, Mat;" it was a fine night but darkish. John Fitzgerald examined - Corroborated the evidence of Murphy - and in addition said he saw the two prisoners standing near their own house, which is not far from where the body was found; when witness and Murphy went to Garvin's house, William Gavin asked did witness see his brother Mat? - witness said he did not; witness asked was it not his brother Mat that was with him, that he (witness) saw on the field? William Gavin said it was not. Bridget Fitzgerald corroborated the testimony of her sister, Honoria and her brother John Fitzgerald. Patrick Cormack deposed to having been working for Wm. Murphy the day of the evening John Ryan was murdered; was walking home after super and met the prisoners with reaping hooks going towards where the body was found; heard a cry of "Denny, Denny" coming from the place; after going home to Wm. Murphy's, Wm. Gavin came to demand Mat's wages; that was a quarter of an hour after he saw the two Gavins. Cross-examined - Often saw the prisoners before with reaping hooks; when witness saw them they were going home; never heard the cry "Mat, Mat, mercy;" heard the cry of "Denny, Denny;" was in the army; deserted once but was arrested; was discharged in consequence of a burnt leg; was married; witness deserted from his wife; was not married but once, but would get married to 14 if he could; knows Judy Connors; her husband is gone to America; when leaving the table he said to counsel, "Mr. O'Hea, you're done tea." Judith Connors examined - Knew John Ryan; recollects well the night he was killed; was out that evening minding a piece of land and heard a shout; there was one garden between her and where the body was found; heard persons calling, "Denny, Denny;" went towards where the shout came from and saw the two prisoners beating John Ryan with reaping hooks, and she then hid herself in a stook of oats, being a little afraid; knew the prisoners since they were boys; the stook was not far from where the body was found, and saw them throw Ryan into a dyke; before she saw him fall, heard deceased crying, "Denny, Denny;" heard one of the prisoners say "come away, we have revenge enough;" it was Mat said it, because she heard "Billy, come away, &c;" when the prisoners went away witness went home, and in the morning told John Hayes of the murder, and he told witness to hold her tongue. Cross-examined - Her husband is dead, Lord have mercy on him; told a little of what happened to her employer, Michael Gleeson; told him there were four men killing John Ryan; has three children in America; did not hear the cry "Mat, Mat;" don't know how far she was from the murder; the surveyor knows the distance; will go to America; heard persons would be sent to America for giving evidence. [ Mr. O'Hea read witness's informations by which discrepancies with her present evidence were apparent.] Michael Connell, aged about 14 years, sworn - Lived with his aunt, widow Ryan; the morning after the murder was sent of a message and saw blood on the road, and then saw John Ryan dead in a ditch; ran home and told about it. Bridget Ryan, wife of deceased, deposed to her business going out with John Garrett the night he was murdered, and to having found her husband dead in the ditch the next day. Thomas Bartley, deposed to having found deceased in a ditch, and brought him home with Bridget Ryan. Head Constable Sunderson sworn - Thomas Bartley called and told him about the murder; arrested Wm .Gavin the same day reaping in a field; he wore a clean shirt; thee were marks of blood on his trowsers and coat, and a little blood on his hands; searched Gavin's house, and found a spirt steeped in dirty water, which had marks of blood on the breast and sleeves; deceased's throat and hands were cut; Mat Gavin was arrested in Cashel in three days after examined his shoes and saw marks of blood on them. John Lyons, police constable, deposed to having arrested Mathew Gavin; the trowsers he wore appeared washed from the knees down recently. Michael Gleeson deposed to having employed Judy Connors as a herdswoman. Cross-examined - Judy Connors told him she saw four men killing John Ryan; said she knew two of them; did not tell her not to disclose the murder - partly guessed herself would tell it. Dr. Patrick Arthur deposed to having examined the body of deceased; there were several wounds; one up on the neck, which cut the windpipe; the hands were cut and a mark under the left eye; the cuts appeared to have been inflicted with a reaping hook. Dr. James Heffernan corroborated Dr. Arthur's evidence; the wounds on the hands appeared as if a reaping hook had been drawn through them. The crown closed at a quarter to six o'clock, and Mr. O'Hea proceeded to address the jury for the defence. He said that a very strong case was entered on his lordship's notes against the two prisoners at bar, but taking the discrepancies of the witnesses produced into consideration he hoped the jury would bear in mind that the lives of the unfortunate men rested on their verdict. His lordship summed up the evidence, pointing out the several links of corroborative testimony which clearly substantiated the case against the prisoners, and it was with the jury to say whether they would believe the evidence of Judith Connor, who swore she saw the prisoners actually killing the deceased John Ryan, and which was circumstantially borne out by the other witnesses produced by the crown. The Jury retired and in half an hour returned with a verdict of GUILTY. The Foreman and the Jury recommended the prisoners to mercy on account of their youth. His Lordship said it was impossible to take the recommendation. The Court adjourned at 7 o'clock. Cathy Joynt Labath Ireland Old News http://www.IrelandOldNews.com/