IMA Source Catalog

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Cavan Observer September 24, 1859

COWARDLY ASSAULT

John GREGG v. Patrick FANNAN

The complainant conducted his own case. Mr. M’Gauran of Cavan appeared for the defendant. The complainant is shopman to Mr. John SHERA, and a most inoffensive young man.

John GREGG sworn–On Friday night, the 9th inst., was returning from a prayer meeting in the Wesleyan Chapel, which he has been in the habit of attending for the last five or six years; saw seven or eight men on the footway, at Matthew BANNON’s public house; walked off into the channel to escape them; the defendant followed him, and caught him round the neck; gave him “a foot,” and tumbled him; as soon as he fell another of the party came and struck him with a stick, and another with his fist. Mr. SHERA and some others then came up, and the cowards ran away; Mr. Shera followed defendant; witness thought it better to let his prisoner go, and run to Mr. Shera’s assistance; did so, and when he came up another ruffian ran and struck Mr. Shera; took defendant prisoner, and brought him to the barrack.

To Mr. M’Gauran–There were two or three assisting in bringing prisoner to the barrack; did strike defendant after he was arrested; does not believe he gave him a black eye, but might have done it; defendant was not drunk; swears positively he wasn’t; witness is considered smart, and had a tight race to catch him; that wasn’t like a drunken man; Mr. Shera had no umbrella, nor did not strike defendant.

Mr. Moorhead–A very important question has arisen. You swear you struck the defendant after he was arrested. Why did you do so?
Witness–Your Worship, after he was arrested he made several attempts to strike and kick Mr. Shera and myself; it was than I struck him.
Chairman–Are we to understand it was in self-defence you struck him?
Witness–Yes.
Mr. M’Gauran–Did you not jostle defendant before he assaulted you?
Witness–No; on the contrary I left the footpath to escape the prisoner; I ran to Mr. Shera’ assistance when a number of the party went to rescue the prisoner.
Mr. M’Gauran–Do you swear they wanted to rescue him?
Witness–I do; for they cried out to rescue him; I do not know who the other parties were.
Mr. M’Gauran–Will you swear defendant was not drunk?
Witness–I will.

Richard HUMPHRYS (a most intelligent lad of about 12 years old) sworn–Was coming home with John GREGG on the fair night; saw a number of men at BANNON’s public house door; John Gregg went off the footpath rather than pass through them…

The Chairman–Mr. M’Gauran, have you any witnesses for the defence?

Mr. M’Gauran–No, your Worship. I admit my client acted wrong, and that he has a right to be punished; but I would wish to state a few extenuating circumstances, that you may be pleased to award the punishment accordingly. As I am instructed by my client, he was unfortunately out on the night in question, and had taken too much drink this young man, Gregg, as I am instructed, jostled against him, and he confesses he struck him….Taking all these circumstances into account, I hope your Worships will consider a very small penalty sufficient.

The Chairman–The decision of the Bench is that you be imprisoned one month, with costs.

Head-Constable HARRISON summoned Farrel M’GOVERN, publican, for having his house open at prohibited hours for the sale of spirituous liquors. Fined 10s. and costs.

A few trifling cases having been heard, the Court rose.

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January 27, 2009 Posted by | as crime, court, kicking, Old Newspaper clippings, pugilism, wrestling | , , , , , | Leave a comment