Patrick Dwyer

341

Maureen Withey on 21st January 2022

Patrick Dwyer was tried at a Special Commission in Clonmel. SENTENCE OF THE PRISONERS, The Chief Justice then said—John Pound Michael Hayes, Cornelius Flynn, Patrick Dwyer, Thomas Stapleton, and Thomas Gleeson, it my painful duty—a duty which I unwillingly perform, but which I look upon matter of absolute necessity—to pronounce upon you severally and respectively the punishment which the law's and the court award against you severally for the crimes of which you have been respectively convicted. They are crimes, one and all of them, of no ordinary enormity; they are crimes, for which in point of moral guilt you, one and all, and respectively, have brought upon yourself—the atrocious crime of murder. It has pleased God to spare your souls from the pollution of that offence ; but I cannot shut my eyes, nor can any person who has heard and considered your respective trials, have a doubt left upon their minds that though death has not ensued as a consequence upon the commission of the crimes of which you have been guilty, it had been through the mercy of God, not owing to your own forbearance, that that dreadful crime not visited upon you all. What country (said his lordship, in conclusion) do we live in that such crimes as those committed in the open light of day? You don’t even find it a matter that required, in the perpetration of your deeds of darkness, that they should be shrouded in the clouds of night. You perpetrate deeds, whose darkness in themselves you consider to be quite sufficient for your protection. How long do you think that the country can submit to the continuation such crimes, executed in such a manner, and such numbers and, I may say, without reason of any kind? There has not been at this special commission as well I now recollect, a single crime, however enormous, for which a shadow of pretence or provocation could legitimately assigned. I am not aware that any single instance there has been a shadow of proof, or an attempt at a statement, that the crime which you have been induced to commit has has been the consequence of the poverty of your circumstances, or the operation of distress. I don’t mean to say taut any such circumstances could be any justification whatever, though it might, perhaps, be in a compassionate mind some little palliation and excuse for your guilt; but there is not a single case of man brought here tor trial on whose behalf a suggestion of that kind has been attempted. Nor does it appear that one of the various criminals that have been tried and convicted at this commission have any of them been in such a state, that it could be suggested with truth that their offence was attributable to want and to distress. I have now done—it is late; but besides that, the public, I do hope, are now aware of the various occasions in which the actual state of the country has been laid before them from the bar and the benefit, that there can no mistake now existing as to what the public duty is. I will say, therefore no more about it; we had ample evidence, by the manner in which the jury here have done impartial justice, that when called for by a clear demonstration of guilt, there will be no want of energy or vigour on the part on the part of the gentry, of the yeomen, of the well disposed of all classes in this country, to join together and put it down by force, if necessary, acting always under the guidance and direction of those laws, which, with the blessing of God, will never be defeated by lawless attempts, by outrage, or by violence. I have now done, except to pronounce upon you, respectively, the sentence which the court pronounces—which the law pronounces as the proper consequences of the conviction for those crimes of which you have been severally tried and convicted by a jury of your countrymen. You, Michael Hayes, you, John Pound, you, Cornelius Flinn, you, Patrick Dwyer, you, Thomas Stapleton, and you, Thomas Gleeson, are severally and respectively sentenced by the court to transported for the term of your respective natural lives. The commission then terminated. Weekly Freeman’s Journal, 9 July 1842. TIPPERARY SPECIAL COMMISSION. On Tuesday evening six convicts, sentenced at this commission to transportation, arrived at Kingstown, and were put board the transport ship the Kinneir, at present lying in that harbour. The unfortunate men were conveyed Clonmel in caravan, and were guarded by six country policemen. There was an order for lodging them in Kilmainham gaol previous to embarkation, but it appeared that that was countermanded, and they were taken direct to the vessel. Weekly Freeman’s Journal, 9 July 1842.

341

Maureen Withey on 8th January 2022

Saturday Fifth Day. Shooting at with intent to Disable. —Cornelius Flynn and Patrick Dwyer, both extremely young men, and without the least exterior mark of guilt about them, were placed at the were placed at the bar, and arraigned upon indictment charging the former with having on the 29th of May last discharged a loaded pistol one George M‘Donnell, with intent to do him grievous bodily harm, and charging the latter with aiding and abetting. The following gentlemen were sworn as jurors—every one of them happen to be magistrates of this county: Maurice Crosbie Moore. Thomas G. Storey. Joshua R. Minnett, Thomas Memsworth, Jonathan Willington Walsh, Richard K. Phillips , Henry Willim Massy, George Charles Atkinsoo, Henry William H. Head, and James Willington, Esqrs. The ATTORNEY-GENERAL, in stating the case, said that a very few words enabled him to give an outline of that case. The occasion of the attack this case was that a person named Hogan hired a man of the name of Browne as his steward or servant—and as it appeared he had given offence some persons in the neighbourhood, therefore it was determined to intimidate Hogan to turn Browne away, and to compel him to submit to the edicts of those lawless legislators. This was one of the class of crimes for the suppression of which that special commission had been issued, and one of that class which, if suffered continue, would render every man in the country, a slave to the rules and regulations of lawless associations and midnight legislators, who carried them into execution with such ruthless violence and ferocity. lt appeared that Hogan had hired Browne, and on the 29th of May last, had seen strangers in his yard, which was adjoining his dwelling-house. Upon going into the yard Flynn pulled a pistol from his pocket, said he would shoot him if did not discharge Browne from his employment. Just about that lime McDonnell and Crebin went into the yard; they followed the prisoners, and upon reaching Flynn he pulled the trigger levelling the pistol the same time at Mr. McDonnell; it contained seven slugs, which must have caused death if the shot went off; the pistol missed fire, and under Providence, by that circumstance, and that alone, was Mr. McDonnell’s life saved. When Flynn’s pistol missed fire, he took hold of the muzzle of it, and knocked McDonnell down, the other prisoner, Dwyer, came up and hit him with a stone upon the temple. Fortunately. however, the prisoners were arrested by the very persons upon whom they made the attack—they were found in the very act of committing the offence with which they were charged. The clearest evidence would be given upon the subject, so that the jury could not have the least difficulty in finding them guilty. ... Dublin Monitor, 4 July 1842.

341

Maureen Withey on 30th December 2021

Kinnear Indent. https://stors.tas.gov.au/CON14-1-17$init=CON14-1-17P20 and https://stors.tas.gov.au/CON14-1-17$init=CON14-1-17P21 Patrick Dwyer, tried at Tipperary, 28 June 1842, Life, age 23, height 5ft 7 ¼, catholic, can read, single. Offence: Feloniously assaulting a man named Browne Hogan- and attempting to shoot him by firing a pistol – firing shots through a door, acquitted. Surgeon’s Report: Very Good. Trade, Labourer. Native place, Co. Tipperary. Remarks: F. John, M, Biddy. B, Wm, James, John. 3S, Mary, Margaret and ?

174

Iris Dunne on 18th November 2021

Conduct Record: aged 23 years Tried 28 June 1842 for Felonious assault with intent to disable (stated this offence, Feloniously assaulting a man named Brown Hogan and attempting to shoot him by firing a pistol firing shot through a door) Single Trade Labourer Roman Catholic Can read 13 December 1853 Conditional Pardon Granted https://stors.tas.gov.au/CON33-1-28$init=CON33-1-28P50