John Cummins

343

Maureen Withey on 30th December 2024

Tipperary Assizes.  CRIMINAL COURT. THURSDAY—FIFTH DAY The Chief Baron entered the court shortly before 10 o'clock. William Lalor, Michael Lalor, Pat. Maher, and John Cummins were placed at the bar for manslaughter, Patrick Cummins sworn and examined — Lives at Rathfarna, about two miles from Thur- les ; was in the latter place the last fair day of Thurles; saw William Ryan, the deceased, standing near Mr. O’ Keeffe’s brewery; saw a party of men with sticks, singing out for Maher and Lalor, near O'Keeffe's place also ; the shouting party were upon the road, and W. Ryan was between them — some before  him and some after him ; when witness was about 15 yards from him, saw his hat falling off with a blow of a stone ; witness asked a boy was that William Ryan, and the boy answered in the affirmative; witness found him Iying on the ground, and the same party beating him with sticks and stones; witness cried for mercy for the man; some of them gave it; when he raised up Ryan, the latter said that it was one of the party who struck him ; Nick Maher, the tailor, began to beat him, and Ryan put  his head under witness’s shoulder, when witness was struck by said Maher; witness could not say that he knew any of the party except Maher; did not see Michael Lalor, saw Pat. Maher there also; Ryan that was lying nearly dead on the ground ; he lived till the next day ; Ryan could not speak after he was beaten; he, however, recovered his speech after some hours ; witness here identified the prisoners whom he saw of the party who were shouting for Lalor and Maher ; saw sticks with some of them; saw them about 50 or 60 yards from the place where deceased was struck, Cross-examined by Mr. Hatchell—The people were going home when witness saw Ryan beaten; witness could not swear that he saw any of the prisoners strike  Ryan; Patrick M‘Laughney sworn and examined — Know the prisoners at the bar; saw them at the fair of Thurles ; saw the tailor, with a party shouting for Maher and Lalor near Mr. ate ; saw Rvan lying on the ground ; saw Nick Maher, the tailor, strike him ; the party hasl and when witness to went to save Ryan he was struck, and Bill Lalor, the prisoner, bawled out “ wallop him away ;” Witness saw Pat, all day. Maher wheeling with the party Cross-examined by Mr. Hatchell - All the party were on their way home; mostly all witness's friends were on the fair that day; W, Ryan was was a friend of witness's ; had a brother in the fair that day ; came here to swear one thing and swear nothing else;  when the “cock” crew on one side, the ‘ Callaghan cock” crew on the other; heard that another man was struck, but did not hear his name. William Ryan sworn and examined —Was at the fair of Thurles; was at the house of the Widow Dwyer, near Mr. O'Keeffe's brewery ; when witness  came out to the door he heard the Mahers and Lalors shouting; saw the deceased man stretched in the street, and about 10 or 12 of the party about him shouting out Maher and Lalor, with sticks ; saw the prisoners of the deceased’s party who were shouting, standing over him. Cross-examined by Mr. Hatchell—The first witness lives in uncle’s house; was not buying or selling in the fair; had no stick but a switch in his hand; had money in his pocket; neither bought nor sold, nor drank whiskey; was at the fair for hours. By a Juror— Witness raised up the prisoner. James Kelly sworn and examined—Is chief constable  of Police; saw William Ryan the evening before his death; was perfectly aware that he was then dying, because witness  asked him had he any hopes of his recovery, and he said he then named the persons who struck him—Patrick Maher, Michael Maher, William Lalor, another man named Lalor, whose christian name he did not give; he also said there were two or three  others whose name he did not know. Cross-examined by Mr. deceased said nothing from himself, nor said any thing about his death until witness put the question to him; witness asked the names  of the persons who struck and beat him, and left him in that ; it was either party or persons he asked deceased about witness asked him did he give any provocation, and he said ‘‘ no.” Joseph Tabiten sworn —Is Chief Magistrate of Thurles district; it was by witness’s depositions, prisoners were taken—there were two others arrested, but they were subsequently liberated. Dr. Bradshaw sworn —Examined the body of Wm. Ryan, who had a large on the side  of his head, sufficient to cause death, produced by a stone, which was  . …. … FOR THE DEFENCE. Denis Healy sworn—Lives 5 or 6 miles from Thurles—is uncle to Lalor who went went home with him from the fair of Thurles on the day in question—Michael Lalor went with witness from the fair—did not hear till next day that the ... ... in his house all that night, tho’ witness now was taken up on the night of the fair day on suspicion of the manslaughter. Samuel sworn—Lives at Littleton— follows business there—knows Healy and Lalor — remembers the fair night when they went into witness’s house about darkish—it was then raining very hard, and Lalor went into the fire to dry himself —Littleton is four miles from Thurles. from Cross examined by Mr. Plunkett—Lives 4 miles. Catherine Doyle sworn—Was at the fair of Thurles in January—was in Littleton by day light—John was with witness all the day, John Ryan sworn—Knows Pat Maher the prisoner, who bought 2 pigs at the fair of Thurles from witness about an hour before night —Maher and witness went home together.  Michael Ryan sworn—Knows that Wm. Lalor, left the fair within a half an hour of night, and witness went home with him to Littleton. The Jury after for about a quarter of an hour, returned a verdict of Guilty—transportation for life. Tipperary Free Press, 26 March 1834.

343

Maureen Withey on 30th December 2024

Irish Convict Database, by Peter Mayberry. John Cummins, age on arrival, 20, per Blenheim I (1) 1834. Tried 1834, at Tipperary, Life, for Manslaughter. DOB 1814, native place, Tipperary Co. Single. Catholic. Trade, Tailor.