1844 - Assault, Galway Summer Assizes

GALWAY SUMMER ASSIZES

CROWN COURT - BEFORE BARON LEFROY

ASSAULT SO AS TO ENDANGER LIFE

William Burke, sen., Thomas Burke, Thomas Shaughnessy, and William Burke, jun., were indicted for an assault on Thomas Casey, near Headford, on the 9th of April last.

Thomas Casey being sworn stated, that he remembered the 9th of April last, and saw the prisoners who are his neighbours on the morning of that day, and he lives opposite them; Thomas Burke came up and asked what made you beat my brother yesterday, and then struck him with a stick on the head; Wm. Burke, jun., then came up and also struck him with a stick above the eye; William Burke, sen., struck him with a stick above the eye; William Burke, sen., struck him with a stone on the back of the head, and Thomas Shaughnessy flung a stone which struck him on top of the head; William Burke, sen., again struck him with a stone over the eyebrow which knocked him down; Drs. Little and Donelan attended him; he is not well even since; it was for beating their brother the day beofre they said they beat him.

Cross-examined by Mr. Concannon - The four prisoners struck him; was going early in the morning to his boat on the lake for turf with a basket on his back; a great many were there when he was beaten; John Lally was by, he was his partner in the boat; Michael Casey, Pat Connelly, and a great many others were present; on his oath there was no fight until they beat him; when he was thrown down, he did not know what happened after, or who brought him home; before thrown down stones were flung at him; there were none at the time flung at the prisoners; his father and sisters were by; did not see his friends interfere, though struck so often, but they could have done so unknown to him; when the prisoners followed him back the road, his own friends got after them seeing them with sticks; he did not beat their brother the day before; heard his friends did but does not know it and is himself indicted for it.

Michael Casey sworn stated, he is brother to the last witness, and is indicted for an assault on the prisoners; he then detailed the circumstances which his brother swore to; was within ten yards of him when beaten; Shaughnessy is step-brother to the Burkes, and William Burke, sen, in uncle to the other two; the blow that old Burke gave his brother was the one that knocked him down; the next that followed was given by Shaughnessy; witness then went up to his brother, but was obliged with his father to run away as two followed them pelting them with stones; he left his brother in the hands of his mother and sister.

Cross-examined - His brother was beaten about 150 yards from his own house; saw only two strike him with stones, when he saw the prisoners follow him with sticks, he followed them as he suspected they were going to beat him; there were not many present when the two first stones struck his brother; when he thought his brother was killed, he then threw stones himself, but not until his brother was knocked down; is not certain whether his sister or any other of his friends were by when his brother was first struck, and they did not interfere until he was knocked down; the knock down blow was by old Burke with a stone; did not interfere himself for he was afraid of them until he got Burke back when he beat him; there was a fight the day before.

John Lally sworn - Was a partner in a boat with Casey, and was present when he was beaten; Tom Burke asked him would be fight and give him satisfaction for the fight of yesterday; Casey said he would not, that he did not want to fight until night - (great laughter) - that means not not fight at all; witness defended him from some blows, and saw him struck by the prisoners and knocked down with three or four blows.

Cross-examined - Himself and another man were the first up; there was a regular fight, after which he was struck with a stick; there could have been no blow struck with a stick; and there was not one until Burke gave it to first witness.

Mary Casey sworn - Is mother to Tom Casey, the first witness, and remembers the day he was beaten; when she heard of it she came out on the toad, and when within 20 or 30 yards, saw Wm. Burke, jun., strike him with a stick; does not know who flung stones, for she could not look here and there; saw no more blows of a stick given him but stones; he was not down but staggering, when Burke struck him; he got insensible, and the blood from his head formed in a pool about him, and covered her shoes; he is ill sixteen weeks; he had two Doctors visiting, and one attending him

Cross-examined - Saw a great number of stones thrown on both sides, but not the persons who threw them; there were none thrown until he was beaten and knocked down.

Dr. William Little being sworn, stated that having gone to attend another person near Casey's, he was requested to come and see him the day after the beating; saw two or three wounds on his head, and one on his moth; the wounds were severe; not very, but he would not certify for a man's life having a wound on the head, for the smallest might be attended with dangerous consequences; he did, not however, think him at any time in danger of his life.

Dr. Charles Donelan being sworn, stated he was attending Casey several times from early April, until the time he got partly well, which was about two months; for about three weeks he considered his life in danger; he is not perfectly well yet; is Dispensary Doctor of the district.

Cross-examined - He was called on by Mr. Blake of Cregg; Dr. Little went there a day or two before him, and had Casey bled; he certainly apprehended immediate danger, for he seemed as if labouring under some affection of the brain; there is a hole in his head yet, and as if the skull was depressed.

Mr. Concannon said he had a certificate from Dr. Hunt to the effect that Casey had not been in danger, but as Dr. Hunt was not present, he would not tender it. He then addressed the Jury and called-

Joseph French, Esq., who being sworn, stated that the prosecutors and the Burkes are his tenants; he never the knew the Burkes and Shaughnessys to quarrel before, but he was not so with the Caseys; is not landlord, but is the same as his brother.

The Judge then charged the Jury, who returned a verdict of not guilty of assault for endangering life, but guilty of inflicting grievous bodily harm, and in consequence of the excellent character the prisoners received, strongly recommended them to mercy.

His Lordship said he would pay every attention to the recommendation.

Galway Vindicator, and Connaught Advertiser, 7 August 1844.