Date: October 8 1840

THE CONNAUGHT JOURNAL
THURSDAY, OCTOBER 8, 1840

THE ARMY

A Field Officer commanding a depot in the south of Ireland, lost a large sum in backing Mr. Ferguson's Harkaway to run at Liverpool races.
Major Ormsby Phibbs 80th stationed at Birr with the depot companies is ordered to Cork, to embark with the service companies for Malta. Major Stuart will take the command of the depot.
The Duc De Rovigo (son-in-law of the late Colonel Stamer Carnelly (county Clare) has retired from the French army, in which he held a commission in a Lancer corps.
Major Harry Jones, Commissioner of the Shannon Improvement board, is promoted to the ran of Lieut. Colonel.
The 12th Lancers, Carbineers, 20th and 86th regiments now in Dublin Garrison are commanded by Irish officers.
The military were at the scene of conflagration in Plymouth Dock-yard 15 minutes after the alarm on Sunday morning, viz, 11th and 53rd regt., 65th depot, and Royal Artillery. Their exertions to save and protect property were not surpassed in any class of men. The loss by this calamitous fire will exceed £400,000.
Privates Francis Reid and Ephraim Jeffery, 20th suffered the intimation of military degradation on the 26th ult. at Richmond Barracks, Dublin, for frequent desertion and acts of theft. They both have a notable stigma of their baseness and perjury which will, however, secure the service in future against their deceit and trickery. The word "thief," in large letters, graced the breast of each, and was seen by every one in the regiment, as they marched through it, while the drums beat the "Rogues March" at their heels, until they fairly cleared the barrack gate.
It appears evident that many able young men, turn in sick of the service, becomes purposely depraved and seek to leave it by disgraceful exhibition, designedly to see their friends, or return to their former habits of sloth and idleness. Let the state moralist think of this, and properly decide, whether desertion had not better be visited by perpetual foreign service, or a penal colony.- The frequency of this horrid offence has apparently robbed it of its moral guilt, while in the eyes of the guilty and the innocent, the services and the safety of the State demand a remedy notwithstanding.
The 20th practiced ball-firing on the 26th, at Ringsend, Dublin, when many a good shot was marked by the riddled condition of the bull's eyes.
A London paper complains that 16 officers left the 15th Hussars since Lord Cardigan took the command; but it must be understood in this list are those who were obliged to go out on the reduction of the regiment from the India establishment.
Lieutenant Forrest, 11th Hussars, another of Lord Cardigan's officers, was reprimanded by the Horse Guards last week, on complaint of his Lieut.-Colonel for not giving up the key his of barrack rooms, on change of quarters.
Lieutenant Tuckett who was wounded by Lord Cardigan in the late duel, has left his bed, and is able to walk about his house. Before the Magistrates it was stated by the Police that Captain Tuckett's pistols were of the commonest kind of duelling pistols, but Lord Cardigan's were of a superior manufacture, with hair triggers and French-rifled from within an inch of the muzzles. Lord Cardigan took up the pistols, and shewed the bench that they were not hair triggers, and his Lordship continued to say that he had bought them of Mr. Manton as common duelling pistols, and knew nothing more of them. Captain Douglas said they were loaded by himself and Captain Wainwright. He looked at the barrels to ascertain whether they were rifled or not, and satisfied himself they were not.
Head quarters in Upper Canada are to be transferred from Montreal to Kingston, and Montreal not Quebec, is to be the seat of the General Government.
An affair of honor took place on Friday between Lieut. Herbert, 77th Regt. and Mr. Peter Hemery, at Jersey. After an exchange of shots the parties left the ground unreconciled. A lady was the cause of the dispute.

CHAIRMAN OF CLIFDEN UNION

A meeting of the Clifden Union Board of Guardians was held at Clifden, on Saturday, the 26th September, when an election for Chairman took place. The following gentlemen were put in nomination:-
John A. O'Neill, Esq. J.P. Bunowen Castle.
Hyacinth D'Arcy, Esq. J.P., Clifden Castle.
Henry Blake, Esq. J.P., Renvylee.
It was stated by a friend of Mr. O'Neill's that as that gentleman was absent, and was not at all aware of any intention to put him in nomination, and as he made no canvass whatsoever, he might not desire to risk a contest. His proposer and seconder, however, felt confident, and it appears their opinions were borne out by the result, as he was elected.

APPOINTMENT OF EX-OFFICIO GUARDIANS FOR GALWAY UNION.

On Monday, the 5th instant, a meeting was held in this town, for the purpose of electing twelve magistrates as Ex-Officio Guardians for the Galway Union. The following respectable gentlemen have been appointed, and a better selection could not possibly be made. They are elected for one year, which will terminate on the 29th of September, 1841:
Andrew W. Blake, Esq. J.P. Furbo'.
John Ireland, Esq. J.P., Eyre-square.
Lachlan Maclachlan, Esq. J.P. Eyre-square.
Thomas E. Blake, Esq. J.P. Shantalla.
Francis Blake, Esq. J.P. Cregg Castle.
Robert Martin, Esq. J.P. Ross-house.
Anthony O'Flaherty, Esq. J.P. Knockbane.
Michael P. Browne, Esq. J.P. Corcullen.
Edmond Blake, Esq. J.P. Furbo'.
Thomas N. Redington Esq. M.P. Kilcornan.
Walter Lambert, Esq. J.P. Castle Lambert.
P.M. Burke, Esq. J.P. Danesfield.

GALWAY TOLLS AND CUSTOMS

On Monday last, pursuant to public notice, the Tolls and Customs were put up to Public Auction for the ensuing year; but as the bidders were not disposed to bring them up to what the Town Commissioners considered a fair price, that body determined upon not leasing them but to have them collected under their own superintendence as last year, unless there was a purchaser for £1600 for the year. There was a meeting of the Commissioners held this day, and Mr. Connell having offered to become tenant at £1550 for the ensuing year, his proposal was accepted.

BIRTH.

In this town, on Friday last, the Wife of Mr. James Douglas, of a son.

DIED.

At Miltown, the residence of his brother, Dr. Blake, George Blake, Esq. Devon Cottage, second son of Captain George Blake, Belmount, and grand-nephew of the late James Baron Tyrawly. The decease of this excellent young gentleman has cast a gloom over his family and the neighbourhood, which will not be soon dissipated; he was a patriot in the best sense of the word, and the immense concourse of persons of every class that attended his remains to the family burial placed, on the hill of Belmount, fully attested to the high estimation in which he was held. His death has caused a vacancy in the representation of the parish of Liskeavy, in the board of guardians of that union.

The Earl of Kenmare has subscribed £100 towards the erection of a Temperance Hall in Killarney.

Mathewism has made such inroads on the profitable business of whiskey vending that only one persons has signified his intention of applying for licenses at the Moate sessions and two for the sessions of Mullingar.-Westmeath Guardian

The proprietors of seven public-houses in this town and vicinity have given notice to the Excise of their intention not to renew their licenses for the ensuing year, in consequence of the decline in consumption of ardent spirits.-Ballyshannon Herald.

Lord Clancarty and the inhabitants of Ballinasloe presented an Address to the Lord Lieutenant, on arriving at Garbally to attend the fair.

The Hon. Martin Ffrench, a minor, second son of Lord Ffrench, the only Nobleman in the Repeal Association, is appointed to the commission of the peace!

Mr. O'Connell has told the electors of Kilkenny that his quondam friend, Colonel Butler, has deserted and betrayed Ireland, and he entertains no doubt but the country will right itself, of course, by selecting another member. The gallant Colonel's sin is, that he solicited in vain for some of that Government patronage, which Mr. O'Connell so abundantly commands.

On Saturday the Rev. Michael Quinlan, R.C. curate of Clare, while returning home from Ennis, came in collision with two cars near the old turnpike and had his left leg severely injured. The Rev. gentleman remains at Ennis under medical superintendance.

Maruice O'Connell, Esq., M.P. has enrolled his name with the Rev. Theobald Mathew, in the Temperance Society.

Mr. Macreath, of Dhalleville, fractured his leg by a fall of the horse and care on which he was returning from town.

The merchants and traders of Ballyshannon expect to make that a bonding port.

Mr. James O'Neill, a respectable merchant of Belfast, was butchered by Ross's party at Buenos Ayres, last summer. Most atrocious outrages are committed on British residents here.

The new Church of Ballisoclare [or Ballisodare], Sligo, erected by Edward J. Cooper, Esq., M.P. was opened for Divine Service on Sunday. The Rev. Lewis Poiter of Dronard has been appointed Chaplain, under the sanction of the Lord Bishop of Tuam.

The Honourable William Browne, of Woodlawn, Killarney, brother of Lord Kenmure will come forward as a Candidate at the next election for Kerry.

Mr. Darby, of James-street, Manchester square, was found dead in the Regents Park, on Wednesday, and a laudanum phial in his pocket.

Thursday evening Mrs. Booker, of Kells, a respectable old gentlewoman aged nearly one hundred years, was burnt to death, at the residence of her son, in that town. It appeared that the old lady was placed in a chair at such a distance from the fire, in an upper room, that no danger was apprehended. Mr. and Mrs. Booker, jun, were in a garden adjoining the house, so that they heard no cries from their aged relative, who was disfigured in a shocking manner, and life quite extinct.

BALLINASLOE FAIR

Ballinasloe, Monday.- The weather it was most propitious for our fair this year, and the attendance is fully as great as ever. The show of sheep attracted several persons of distinction, and the following drove in their carriages through the park:- His Excellency the Lord Lieutenant accompanied Lady Cloncarty in an open carriage; the Marquis of Clanricarde, the Marquis of Ely, the Right Rev. Dr. Tonson, Lord Loftus, &c. The stock generally is in good conditions, but not so numerous as last year.
Top lots brought much the same prices as last year, yet there was a slight come down, but on the inferior lots the farmers say there is a reduction of from 2s. 6d. to 3s. a head, compared with last October. Thomas M. Gresham, of Raheny Park, Esq., brought one lot of ewes belonging to Lord Clonbrock; they brought the highest price of any sold, and so pure is breeding and perfect in all points, that a request was made of Mr. Gresham not to remove them from the park until his Excellence and the other distinguished visitors would have an opportunity of seeing them. The Lord Lieutenant, after carefully examining them, complimented the purchaser and shook him most cordially by the hand. Their age did not exceed one and a half years, and they were the admiration of every one. The top lot of wedders brought 53s. Mr. Hugh Barton bought largely of Lord Clonbrock's flock, the produce of rams from the stock of that eminent stock-breeder, Earl Spencer. Some splendid rams were exhibited by Mr. Seymour, of Ballynure; and Mr. Dillon, of Cahir, exhibited some very superiour stock of this kind; one of this rams realised 170 guineas.
The total number of sheep sold was 47,287.
The following is a list of some of the sales:-
P. Taaffe, Esq 101-2 yr Wedders £2 13 0
Ditto 150-2 yr Wedders 3 10 0
Captain Taffe 150-2 yr Ewes 2 5 0
Ditto 150-2 yr Ewes 1 15 0
D.K. Taaffe, Esq 100-2 yr Wedders 2 8 0
P. Balfe, Esq. 400-2 yr Wedders 2 6 0
Dean French 70-3 yr Ewes 2 7 0
Rv. John French 400-2 yr Wedders 3 11 0
A. Dake, Esq. 200-2 yr Wedders 2 7 0
Mr. Delahunt 51-2 yr Ewes 2 7 0
Ditto 100-2 yr Ewes 1 16 0
William Cruise 220-2 yr Ewes 1 12 0
James Kelly, Esq. 200-2 yr Ewes 1 12 0
Walter Kelly, Esq. 100-2 yr Ewes 1 5 0
Mr. Cooke 76-1 yr Ewes 1 5 0
Captain Mitchell 140-2 yr Wedders 1 8 0





The Lord Bishop of Killaloe preached on Sunday at Ballinasloe, and the Rev. T. Mathew in the same vicinity.

The extensive living of £1500 a year held by the late Dr. Alexander, son of the Bishop of Meath, is to be divided into three parts, and is the gift of the Lord Lieutenant.

Rev. W. Crotty left Limerick on Thursday for Nenagh, Clonmel, Waterford, Lismore, Fermoy, Tralee, thence to Liverpool, Glasgow and Belfast, upon a missionary tour, from the Presbyterian Synod of Ireland, and he is to preach in each of these places.

The monument to the late Very Rev. Dr. Hogan, P.P. St. Michael's, by his affectionate parishioners, is completed and will arrive from London shortly.

Pork brought 45c per cwt at the Fair of Abbeyfeale on Thursday, and our jobber gave 8l. 10s. for a fat pig.

While administering the pledge of temperance to the great multitudes in Dublin last week, the Rev. T. Mathew, addressing the successive groups who congregated about him, related the following anecdote:-"To show you that our society is composed of all creeds and classes of persons, I will tell you what happened to me a short time ago in Cork. A young gentleman came to me, and says he 'Father Mathew, I am an Orangeman and a Magistrate, but I am going to take the pledge from you." "No matter Sir," said I," what creed you are of; you will be a teetotaler leaving this room and that's quite enough for my purpose." So this Orange magistrate took the pledge from me; and some time ago I was at Rathkeale and met this gentleman, who is still a magistrate and an Orangeman, heading the teetotallers there. And was not this a proof that no such thing as creed or sectarian feeling had any thing to do with teetotalism? And as to political purpose it should rather endeavour to heal the wound made by political wars than to foment new ones. We are commanded to love one another.

Mr. T. Witheredge, supervisor of excise, and Messrs. Strange, Quinlan, and Long, officers, all of Mountmellick district, have succeeded in seizing and destroying three large plots of tobacco, containing several thousand plants. This detection was made in a retired part of Queen's county.

The Newmarket first October meeting commenced on Tuesday when Lord Exeter's Amurath won the Grand Duke Michael stakes, £50 each, 27 subscribers.

The last stag hunt for this season will come off at Cahirna wood on the Upper Lakes of Killarney, on Wednesday.

The 12th Lancers, Carbineers, 20 h. and 86th Regiments now in Dublin garrison, are commanded by Irish officers.

The Tralee Canal- This long and shamefully neglected work, we are given to understand, will be in progress of completion early in the ensuing Spring. The Messrs. Leahy, of Cork, are the contractors appointed by the Board of Works.--Kerry Examiner.

The repealers of Kilmacow, Kilkenny, have called upon the Hon. P. Butler to give up the representation of that county.

The Master of the Rolls and lady have been on a visit to the Viscount and Viscountess Gort, at Loughcooter castle, Gort.

Very Rev. T. Mathew administered the temperance pledge to 20,000 persons at the Custom House, Dublin.

APALLING CATASTROPHE NEAR ENNIS- TWO SOLDIERS SHOT!

Wednesday last, the town of Ennis was thrown into a fearful excitement by one of the most awful events that occurred in that neighbourhood for many years. The facts may be related in a few words. On Monday Lance-Sergeant Thomas Cawte, with Privates William Noyce, Charles F. Smith, Alexander Garden, and John Hurst, of the 67th depot, stationed at Galway, were sent with a deserter to Clare Castle, where they safely lodged him on Tuesday evening, in charge of the 36th depot, and got billets for the night. Noyce and Hurst, however, came on direct to Ennis, whither the other three followed next morning and the party met in a low public house belonging to a man named Timothy Haire, where all except private Garden took to drink and soon got themselves inebriated. They proceeded on their journey, and about a mile outside Ennis on the Gort road, some of the men complained of fatigue, and four sat down to rest. Garden alone continuing in advance, when either in some angry difference arising at delay, or the wantonness of intoxication, probably both, Hurst shot Noyce and Smith, both of whom almost instantly expired. As there were different versions of the affair afloat we could not do better than proceed at once to the particulars of the Coroner's inquest which was delayed until Thursday, in the first instance, in consequence of the drunkenness of the only military survivors who were present at the fatal moment, and afterwards in order to procure the attendance of the Officers of the 67th who arrived at three o'clock in the Galway coach. We must however remark that those who witnessed the scene shortly after it occurred can never forget the dreadful spectacle which presented itself-Two soldiers lying dead, over a heap of stones, their sergeant lay with them as insensible as any of his comrades, and the perpetrator standing by without the slightest appearance of contrition or remorse, and perfectly unmoved at the tragedy he had caused, nay what is most extraordinary, conceiving he had done his duty! Towards evening the bodies were removed to the Court house of Ennis, where they continued during night, and the three surviving soldiers were lodged in jail by the police.

THE INQUEST

On Thursday, at three o'clock precisely, Robert George Greene, Esq. Coroner, accompanied by several magistrates, took his seat on the Bench. The court was densely crowded in all its parts, and the greatest anxiety was evinced to hear the proceedings. Cawte, Garden and Hurst, were then placed at the bar; the last did not retain so much of the stern ferocity of appearance and demeanor as distinguished him on the proceeding day. The following jury, whom the Coroner had specially summoned for the purpose: John Bonyage, Michael Finucane, Michael Kerin, John Cullinan, James Leech, Edward Gallery, William Lardner, sen., William Molony, Cornelius Hickey, Michael Gregg, John Keane, and James Kelly.
Alexander Garden, private 67th Foot sworn- May name is Alexander Garden; I am a private in the 67th regiment; I left Galway on the morning of the 28th of September to escort a prisoner to Clare Castle; he was a deserter; we arrived at Clare on the evening of the 29th and delivered him to the depot of the 36th, the party was commanded by Lance Sergeant Thomas Cawte; we had in it five men, four privates and the sergeant; we halted at Clare for the night where we got billets; two of the men left us and came on to Ennis; they were Wm. Noyce and John Hurst; the remainder of us left Clare at 6 o'clock on the morning following; we met the others at a public house in Ennis, having the sign of the "Farmers arms"; I don't know the keeper's name; we stopt there nearly an hour; I drank no spirits, but the sergeant and I drank a bottle of porter between us; the others drank raw whiskey; I can't say how much, but there were two half pints between them; they were drunk leaving the house together, and proceeded on our march. When we came about a mile outside the town, they said they wished to rest themselves; this was on the Gort line; I walked on expecting them to follow me, when in about an hour a gentleman came up and asked where I was going; I said to Galway, when the told me that two of my companions were shot, and that I should go back with him, which I accordingly did. There was no quarrelling either at the public house or on the road in my presence; I now see the gentleman that stopped me, (here the witness recognized Edward Galway, Esq. of Doone, J.P.) I did not tell him that I heard any shots; when I returned I found William Noyce and Francis Smith dead before me; when I left the party there were none of their guns loaded; the Serjeant and Hurst were there also; I would not be suffered to hold any conversation with them, being prevented by the police; they did not tell me how the men came by their deaths; I heard Hurst say on the road coming in, the it was he shot both, and that he would shoot sixteen rather sooner than fall himself; this was in reply to some one that I don't know.
In answer to a question from a Juror, witness said the deceased soldiers were more drunk than the others.
The prisoner declined asking any question.
The witness was a well-looking young man, apparently about 18 years of age, with a broad Scotch accent, and gave his testimony with great propriety and self-possession. He was then suffered to go as large, first entering into recognizance to prosecute when required.
Mr. Martin Taaffe, sworn- I left Ennis on yesterday morning about 11 o'clock; when near Ballycorce some persons told me that the soldiers were dragging each other; I saw them at the distance of about fifty perches; once heard a shot fired, which I did not take much notice of as such things sere not unusual in that part of the country, there was a soldier stretched on the road side, and three others standing near him; one of them advanced, and presented his gun at me; I offered to shake hands with him and called him my friend, although he was 30 yards distant; I then lowered myself on the side of the saddle, when he turned in the contrary direction and fired off his gun; I was so terrified, that I could not now identify him, even if he were present; I then returned to town; I heard but two shots entirely; I afterward came again to the same place, when I asked Hurst who shot the men, and he said that he himself did so to preserve his own life, and those of the people; he seemed to recognize me, and gave his name as Jackson.
James Studdert, Esq. sworn- I live at Tiernen; in coming to Ennis on Wednesday, within about 200 yards of where the soldiers lay dead, a woman called out and desired me not to proceed, as the soldiers were shooting the people; I then whipped my horse briskly, and saw the bodies on the ground, with four muskets lying by them; there was another person with me, who seized the guns, and placed them on the car; Hurst was lying on the sergeant, and as I thought stabbing him with the bayonet; I asked what he was about; he said handcuffing this man (the sergeant) which he was actually doing; there was but one soldier then perfectly dead, the other was very nearly so; on demanding who shot the men, Hurst said "It was I shot both because they were firing at civilians and I thought it my duty to do so"; at this time he seemed peaceably disposed and said he had a right to handcuff the sergeant; he was then sober enough to know what he was telling me; the sergeant was heavily drunk; Hurst not so much so but that he might escape observation if not spoken to; after I looked at the bodies, I stripped the man that was not entirely dead and examined the wound in the hope that I might be of some use to him, but could render him no assistance; I then asked again whether it was the sergeant who fired at the dead men; Hurst replied, "no, it was I that did it and nobody else; they were first firing at civilians and then threatened to fire on the sergeant and me, when I levelled at and shot them." Mr. Studdert, in continuation- I then took the ammunition from them; Hurst had 20 rounds in his pouch; I heard many people speak about the firing, but nobody complained of being fired at; Hurst seemed to think that he was performing a meritorious action.
William Butler, Esq. ,J.P, sworn- On coming into town yesterday, I was told by my servant on his return home that two soldiers were shot on the road; when I came up I found them dead; Hurst was standing over the dead bodies, and the sergeant so drunk that he was perfectly insensible of what was occurring; without being asked a question, Hurst cried out, "it was I that shot them, because they were endeavouring to kill country people." I said that as a Magistrate I felt myself bound to take him into custody; he readily submitted, and took the handcuffs off the serjeant; which, with the key, he delivered to me; I asked him why he handcuffed the man, he said, because he conceived it his duty, but could assign no other reason. he told me I might do what I pleased with him.

SECOND DAY-FRIDAY.

At a quarter before twelve the Coroner took his seat on the Bench, and shortly after the enquiry was resumed.
William Mulville, Esq. M.D. sworn- Was driving into Ennis from Glenwilliam, on the day before yesterday with Mr. Blake Butler; at the village of Ballycoree I met Mr. Galwey, and he stated that three soldiers were killed, and that he was in pursuit of another; I hastened forward and saw two soldiers on the road side, one on his back, and the other in a half sitting position.; the first dead, and the other nearly so, and a third man on the wall was stupidly intoxicated; I immediately proceeded to examine the two wounded men, in hopes I could render some assistance, but from the nature of the wounds there was not the slightest chance of doing so; they were both gunshot wounds, and the bullets passed through the bodies; they died before I left them. (Here witness identified the serjeant as the drunken man, and Hurst as the person standing on the road.) I addressed myself to Hurst asking how the affair happened; he said "I shot them; they were firing at the country people and insubordinate," or words to that effect; Hurst had his face scraped and his clothes much soiled; some one was in the act of taking the handcuffs off the serjeant; I perceived dark spots about the face of the fair haired man, as if it had been burned by powder; the deceased men were, as appeared to me sitting on a heap of stones when fired at; the impression on my mind was that they were fired at while on the heap of stones; I examined the bodies yesterday, and both died of gunshot wounds; the balls might have taken the same direction whether the men were sitting or standing when shot; both balls entered in front; Hurst was excited by liquor, but perfectly steady in his gait and demeanor; I might pass him on the road without noticing any signs of intoxication; I smelt the dead bodies, and found they had taken liquor; Noyce appeared to be particularly saturated with it; it was impossible that one shot could have killed both.
Thomas Magrath sworn- I live at Ballycoree; I am a farmer; I recollect Wednesday last; on my return from Ennis, Martin M'Mahon asked me to make a stack for him; while doing so the five soldiers passed me by, four drunk, and one sober; one of them fell at some distance, and another fell on him; I afterwards saw one of the soldiers standing on the footpath, when he fired his gun, and another of the soldiers fell dead on a heap of stones; another man came up to me (Patrick Arthur) and desired me to go back as the soldier was shot through the heart; I was dreadfully frightened; the same soldier presented his gun at me, and I cannot tell what happened then, I was so frightened; only one man fired across the road; the other three were standing on a heap of stones; I could not see shots if they were fired at the country people; Patt Tuohy told me that one of the soldiers wanted to fire at the people, but that others hindered him. -(Here the witness identified the sergeant and Hurst as two of the soldiers.)
To a Juror- There was no appearance of quarrelling when they first passed me.
Patrick Fahy, sworn- I reside at Mullough; I am a labourer; I saw the soldiers on the day before yesterday on the Ballycoree road; there were two of them dead asleep on the heap of stones, and the other two looking on; one of them fired a shot and afterwards another fired up the hill; one of those standing desired another to get up and put on his hat, when I saw a gun fired and a soldier fall; I met a carman after, whom I cautioned not to proceed father; I am sure it was Hurst fired the shot when the man fell, but cannot say it was by it he was killed; it was one of the men who fell that fired the first shots up the hill.
Mr. Patrick O'Keeffe sworn- I was going to Ennis on Wednesday, and coming down the height I saw the soldiers, and one of them was firing up the hill; there were two soldiers standing up, and two more lying on the heap of stones; I saw one of them miss fire when the firelock was presented across the road; on passing them I could see nothing, as I placed a car of oats between myself and the soldiers.
Serjeant Thomas Cawte sworn- I ma Lance Serjeant of the 67th regt.; I commanded a guard that escorted a prisoner from Galway to Clare Castle; I arrived there on the 29th; I slept in Clare that night, and two of of the party, after giving up the prisoner said they wished to sleep in Ennis, when I desired them be cautious how they should conduct themselves; the name of the four were Charles Francis Smith, William Noyce, Alexander Ganlon and John Hurst; Noyce and Hurst went to Ennis; I did not wish they should go, nor did I forbid them; next morning the other men and I marched from Clare to Ennis; we stopped at the "Farmer's Arms," to take breakfast; they offered me whiskey, which I at first refused; I afterwards drank three glasses and some porter; I do not recollect what happened from the time to the bridge of Ennis, until I awoke on the heap of stones, handcuffed; I heard no shot, nor am I aware of how the men came by their death, except from the report of the people, and that Hurst told me he shot them to preserve me and himself.
The Coroner said to Hurst-If you choose I will examine you, but I caution you not to say anything that will incriminate yourself, as it may come against you in evidence hereafter.
The prisoner declined making any observations.
The Coroner said- Gentlemen of the jury, I believe that it will not be necessary for you to retire, in order to consider your verdict. I would recommend you to find that the deceased soldiers came by their deaths in consequence of gunshot wounds inflicted by John Hurst.
Mr. Gallery, (one of the jury) said there was no evidence to warrant such a verdict.
The coroner said that Mr. Butler's testimony was conclusive to the point, and read it at length.
The jury however retired , and returned in about ten minutes with the following verdict:
"We find that the said William Noyce and Charles Francis Smith came by their deaths in consequence of gun-shot wounds inflicted by John Hurst, private 67th regt. on the 30th day of September, 1840."
The prisoner was then fully committed to take his trial at the ensuing assizes; and the serjeant was retained in custody in order to be transmitted by an escort to his to his regt. at Galway, there to be tried for court-martial for drunkenness and neglect of duty.
It may be right to observe that throughout the investigation the sergeant's demeanor was decorous and respectful in the extreme, and on being asked whether he had any observations to offer, he merely enquired whether the route and receipt for the body of the prisoner were safe, and being answered in the affirmative, he returned apparently satisfied in the custody of the police.