Thomas Fox

343

Maureen Withey on 14th June 2025

Thomas Fox and John Hays were put to the bar charged with the attack the Rev. Mr. Lee’s house, demanding arms from Mrs. Lee, appearing arms to the terror of his Majesty's subjects, and violent assault on Thos. Lacey two the charges were under the the …. Act. Mrs. Lee, sworn—[This lady was greatly agitated, and could scarcely be heard for some time]— Remembers the night of the attack, on the 31st of January ; Mr. Lee was not at home, being in Dublin her family consisted, the time of the attack, her three sons, and two daughters-  witness was alarmed by noise ; the cries of the children alarmed her, was about four o'clock the evening; her boys were on the avenue in front of the house: witness was at the parlour fire—hearing the noise she went to the window; saw a man pursuing one of her sons to the hall door- this man had a gun in his band; saw no other person; she rushed to the hall door and dragged her son in; saw this man, but did not know him; her son. Richard. was outside, but did not come into the house ; saw no other men; witness shut the hall door ; the window was broken with stones, and two shots were fired; can’t say who fired them or broke the window ; there was great noise before the shots were fired; had an old servant of  the name of Wm, Lacev. an old man ; saw him in the course of the evening when he was severely cut ; another servant went off for the police, who came shortly after; there were a gun and some pistols in the house ; the gun was charged and she held it in her hand. There was no cross-examination of this witness. Master Richard Lee, a boy of about 10 years of age, sworn—remembers the time of the attack ; the party came about half after 4 o'clock in the evening ; witness and his brother were on the walk before the hall door; his brother. Henry, was with him;   five men came on the walk, and were going to the hall door, one of them had a pistol, and another had gun ; they had flannel jackets ; witness ran towards the hall door, but passed on to the yard ; the man that had the gun followed witness ; was a little man ; his face was blackened ; witness was near this man; some of the men were in the yard, and  some at the gate ; witness's brother  got into the hall door, witness when he got into the yard, ran to the kitchen door, where he found the man with the gun, and all the rest of then, followed, bringing them Wm. Lacey, they brought from one of  the yards: there were then three of them who brought Wm. Lacey, they had a hold of Lacy by the neck ; thinks all the men went into the house before witness ; sure some of them did, witness wailed abroad ; did not see Lacey after that. after they came out they broke the window. William Lacey, the old servant. man was blind of one eye. and could badly see with the other; Hearing the cry of one of the children, witness ran into the vard when he saw two men who had pistols; they struck witness as they were leading him to the kitchen door ; these men wanted fire arms, they required should be brought to them ; one of the men was at the front of the house ; tins man was John Hays ; was severely beat that he was removed to the Countv Infirmary, where remained three weeks ; witness was struck with stones ; John Hays was blackened, looking like a smith, Hays wore a cap, Hays desired them not beat witness was an old man ; but for the dog. he would node. Providence have been killed—(here witness identified the ... John often saw the prisoner passing Mr. Lee's house ; prisoner lived aboutt half a mile from Mr. Lee’s ; the prisoner had a pistol; did not know the person that first struck him ; the prisoner stood on the height behind a low wall ; another man was a distance from witness the men wanted witness to bring out the fire arms ; the prisoner, Hays, had a cap on him. Master George Lee. 13 years of age, sworn—this gentleman saw one man between the posts of the ... with a pistol in his hand, but saw only his hand with a pistol in it, saw another man at the gate ; saw both of these from a window of attic story :   the man at the gate was Thomas Fox whom he well knew and who lived near the house; the prisoner Fox had a white jacket, the window was broken before he saw the prisoner Fox; when witness saw him he cried out ‘Tom’ but did not call out his other name (Fox) because he saw the other man was armed ; the prisoner's mother washed for his mother. Thomas Long, a servant boy, swore the man that stood on the wall was the prisoner, John Hays, whom witness identified;   heard the prisoner call out to Lacey bring out the arms. . . , Constable While swore found green cap (which was produced and identified) the prisoner, Hays house on his son ; before witness told pnsoner for what apprehended  him cried out it strange that should taken for the attack on Mr. Lee house, as Mr. Lee very good man, and had given him the grass of cow. Thomas Clarke, a helper to teacher in one of Erasmus Smith’s school, his sister Judy Flood, wife teacher, and Thomas Ryan, attempted to prove an alibi but contradicted their own testimony on .the cross examination. . . _ . The jury, after deliberating 25 minutes returned a verdict of Guilty.  Mayo Constitution, 29 March 1832. Cashel. Thomas Fox and John Hayes, were tried before Baron Foster and found guilty of attacking the Glebe-house of the Rev. William Lee, Mealiffe, assaulting William Lacy, an old domestic, and demanding fire-arms. The witnesses for the prosecution were, Mrs. Jane Lee, her two sons, Richard and George; William Lacy, and Thomas Long. The defence was alibi, but the Jury did not long hesitate on the verdict.   Dublin Evening packet, 31 March 1832.

343

Maureen Withey on 14th June 2025

Irish Convict Database by Peter Mayberry. Thomas Fox, age on arrival, 40, per Roslin Castle (3) 1833, Tried 1832, at Tipperary, Life for Firearms. Irish White Boy rebel. Former conviction, 7 years. DOB 1793, Native place, Tipperary. Married, 5 children. Catholic. Brewer servant farm.

338

Penny-Lyn Beale on 15th September 2020

New South Wales, Australia, Convict Registers of Conditional and Absolute Pardons, 1788-1870 Name: Thomas Fox Age: 54. Birth Year: 1793 Origin Place: Tipperary. Conviction Date: 23 Mar 1832 Arrival year: 1833. Vessel Name: Roslin Castle Pardon Date: 30 Jul 1847. Record Type: Conditional Pardon Number: 47/584

338

Penny-Lyn Beale on 15th September 2020

New South Wales, Australia, Convict Indents, 1788-1842. Annotated Printed Indentures. Roslyn Castle arrived from Cork 1833 Name; Thomas Fox No; 33 - 347 . 173 Age; 40 Est Date of Birth; 1793 Married. 3 male and 2 female children Occupation; Farm servant; brewer Offence; Fire arms Trial; Tipperary - 23 March 1832. Life Remarks; CAME OUT in Guildford 1816 in same name ------------------------------------