Thomas Deane

341

Maureen Withey on 3rd January 2025

Cork City Sessions.—Friday Nov. 29. (From the Southern Reporter.) IMPORTANT TRIAL-COMBINATION. Thomas Deane, Timothy Manning, and Patrick Manning, journeymen bakers, whose trial had been twice postponed, were given in Charge, for having, on the 6th November, unlawfully combined, conspired, and confederated together, to do Patrick Murphy, of Bachelor's Quay, master tailor, grievous bodily injury; and in a second count for a common assault arising out of that combination. The Court was filled to excess, principally by members of different trades, and there appeared to be a deep feeling of anxiety throughout  the audience for the result. Patrick Murphy, examined by Mr. Hartnett—l am a master tailor, and reside on Bachelor's Quay. At about half-past two o'clock on Wednesday, the 6th inst., I was employed at my business, cutting  out a suit of clothes for a gentleman, when the prisoner, Deane, who is a baker, having ascertained at the street door .that I was in the house, walked up stairs, and stated to me that there were three persons below  who wanted to see me. I desired that they should be called up, giving as an excuse for my not going to them, that I was busily employed ; whereupon he said that they had most particular business with me. I dropped the shears, and followed him, and had arrived a little outside the street door, when he (Deane), addressing the three others, two of whom were the Mannings, now on trial, said— There is Murphy, the bloody colt master, at the same time placing one foot behind me, and giving me a blow on the jaw. I did’nt fall, but I staggered. I then ran towards my house, followed by the prisoners (Mannings), to one of whom (Patrick) I said, You will be yet sorry for your conduct. I ran up stairs, and having provided myself with a bayonet, descended quickly, but they were off. One of them when I first went out, said something about taking my life, but the precise expression  I now forget, as I do which of them it was who used the threat. The four were present at Dean's assault. They were together when the expression about taking my life was used, and I now swear positively to  the three prisoners being those named in the indictment. This was the second attack that had been made upon me by tradesmen. Cross-examined by Mr. M’Carthy—l know the prisoners, who are bakers, between six and seven years. Here the prosecution closed, and Mr. McCarthy had announced his intention of calling no witnesses, when Patrick Manning insisted on the production of evidence for him. The Recorder—When I was at the bar, if my client dared to run counter to my notion of what was best for his interest, as you have now most imprudently done, I would throw up my brief. You employ  a respectable agent and an eminent counsel to defend you; yet you take the matter off their hands, and call what witness  you please; but you are a very foolish fellow not to be guided by your counsel. Mr. McCarthy—l shall decline all future   interference in this case. I sent Mr. Howard to the prisoners twice, and offered them my best advice; but they are the best judges themselves. I have thrown up my brief, Sir. The Recorder—To be sure you have; and it is precisely what I would expect from you, Mr. McCarthy. Mr. Howard went to the dock, and again endeavoured to induce the Mannings to be guided by their counsel; but they persisted, and a young man named Patrick Lynch was sworn , who stated that he and Patrick Manning had been in Macroom, and arrived in Cork on the evening of Wednesday, the 6th instant, between seven and eight o'clock. They had been in quest of employment as bakers—had been at Killarney, and were absent from Cork three  weeks, but they got nothing to do. But he swore positively that they had not been in Cork during the period named, until  near eight o'clock of the evening of the day of the attack on Murphy. In answer to questions by the Recorder and Mr. Hartnett, the witness stated that he was a runaway apprentice from Mr. Peter Downey, of this city; that he, Patrick Manning, and Denis Hussey had gone to Killarney seeking employment ;  that they were absent three weeks, but that neither at Killarney, Mill-street, or Macroom, did they ask for employment,  it being a rule of the trade never to solicit or look for work, but to wait until it offered, that is, to wait at the house of call until it is declared, through the body, if the party shall accept the terms. When they arrived in town on the night stated, they repaired to the bakers' rendezvous, in Fishamble-lane. The next day the witness went to Passage, next to Cove then to Midleton, Fermoy, &c. The Recorder—And you did'nt ask for work at either of these places? Witness—No  Sir; it would be against the rule of the trade to do so. Recorder—Were you offered employment during this period ?—No, Sir; but I understand my wife was for me. And why did'nt you avail of the offer ?—Because the wages   were'nt high enough. How much were you offered? -12s. a week. Recorder—Good God! 12s. a week to a wretched fellow like you—a runaway apprentice. What wages would you work for? Witness—Eighteen shillings a week;  the body would'nt allow to work for less. Recorder—Gentlemen of the Jury, I think we must lay it to our account.  to eat dear bread, while such conspiracies are suffered to exist. To the Witness—Did you take an oath to be faithful to this combined body? I don't ask you for the nature of it; but did you swear fidelity to them ? —I did. Do you receive any allowance from the body What do you receive? 2s. 6d. a week while idle. I was paid one week at Cove. The Recorder—See the organisation of the conspiracy. They have paymasters in every town.  'Tis frightful. Every interest affecting the general community will be undermined and destroyed unless the combinators are met with a firm hand. After a few more questions, the witness was desired to go down. Denis Hussey, a lad of about eighteen or nineteen years, was next produced. Upon being asked by the Court if be were a runaway apprentice, be replied in the affirmative,  and appeared to glory in the act. To questions by P. Manning, he swore that he was with him and Lynch at Killarney, and that the; did not arrive at Cork until between six or seven o'clock .on Wednesday evening the 6th instant, that they had been in search of work, but that they failed to procure any. By the Recorder—l have half-a-crown a week from the body—l have sworn allegiance to them,  and they are as glad as I am of my having run away from 11Ir. Downey, my master. _ . Court—You are a very good recruit. By Mr. Hartnett—We slept in Killarney on Tuesday night, and we came 10 miles the following day, where we slept. A Juror—And you walked thirty-eight miles the next day (Thursday). Witness—Oh, no,  we slept at Killarney on Monday.  (Laughter.) …. Michael Brien, a  shoemaker, swore that Timothy Manning was in bed all of the 6th instant, and consequently couldn't have been at the attack on Murphy. Here the case closed. The Recorder summed up to the Jury. He said that the present was the first case under the 10th of Geo. IV., cap. 34, which had come before him. That Act the Legislature had brought in with a view of meeting the then wide-spread spirit of combination which existed amongst the trades of these kingdoms. The 28th section, under which the present prosecution was had, rendered the offence of combination against individuals, as arising out of Trades' Unions or confederacies, as subjecting the guilty party to seven years' transportation. …. The Recorder to the Jury.—lt did not need to constitute the offence of combination, that the conspiracy should subsist between the members of one particular trade, or that their vengeance should be dealt out to that trade. If the Jury believed that a conspiracy had existed, no matter between the members of what particular calling, and that an assault traceable  to that conspiracy were proved, both counts of the present indictment were borne out. It was not necessary to run a man  through the body to prove that grievous  bodily injury was intended for him; all that was necessary to be proved was, that the assault was the result of predetermination, arising out of combination.  The Court then recapitulated the evidence, and remarked upon it as he proceeded. The Jury, without retiring, returned a verdict upon both counts against the three prisoners. The Recorder to the prisoners—l am very sorry that it devolves upon me to pass the sentence of the law in this case. Yours was the first trial which came before me under the - -., Act of Parliament by which the indictment was framed. - You have have been convicted of a very serious crime against society, and in the hope that the sentence I am now about to pass upon you will have the effect of repressing those wicked   confederacies amongst the trades of this city, which, unfortunately, at present afflict the community, I feel myself bound to make an example of you. The sentence of the Court is, that you be transported  for seven years. When his Worship concluded, there were loud cries and lamentations raised outside the bar. The parties were removed; but in a moment there was a cry for the police from the main-street entrance. A rush took place, and it was seen that a large mob of men and women were wreaking their vengeance on the wife of the prosecutor. They tore her bonnet in pieces, and ill-treated her otherwise; but the density of the crowd in the street was too great to permit the discovery or identification of the assailants. Albion and the Star, 4 Dec 1833. The Act referred to in the Newspaper report: The Suppression of Disturbances (Ireland) Act was passed in 1833 to put down illegal combinations that were committing violent acts against property and people. The act was intended to suppress armed groups that were acting in an organized manner.

341

Maureen Withey on 3rd January 2025

Irish Convict Database, by Peter Mayberry. Thomas Deane, alias Dean, age on arrival, 23, per Blenheim I (1) 1834. Tried 1833, at Cork Co, 7 years, for Combination assault. Irish rebel White Boy. DOB, 1811, native place, Cork Co. Married, 1 female child. Catholic. Trade, Baker.