Daniel Game

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Maureen Withey on 2nd March 2024

WATERFORD ASSIZES, July 26. Murder—Duelling with Muskets. Daniel Game, a soldier of the 58tb regiment, stood indicted for the wilful murder of John Mulligan, at Dungarvan, on 16th July, by shooting him with a gun. Daniel Connery—Lives in Dungarvan ; the prisoner and Mulligan were billetted in his house, and lived together on the best terms; between 11 and 12 on the 16th heard a shot fired in the garden; saw Mulligan and the prisoner; came in in a few minutes after; they went into an inner room ; heard no conversation between them but a noise as if of a gun charging, as if a ramrod were put down in it; took no further notice, but went to his work; in a few minutes after heard a shot in the garden ; prisoner’s comrades then came in ; and he and they were going out into the garden when they met prisoner at the door; he said, I have shot Mulligan ; you may take me prisoner, I am willing die for it; he then went out and saw Mulligan lying dead ; found his piece lying opposite him ; it was loaded and primed, but not cocked ; Mulligan wore the fatigue dress, white coat and trowsers ; Mulligan was drunk that morning, and was persuaded reluctantly to go to parade by the prisoner, who was also a little intoxicated; could not tell what interval there was between the first and second shot, except by guess ; there might have been about 15 minutes. Mary Walsh examined by Mr. Driscoll— Lives in the house last witness as a servant; on the 16th was standing in the kitchen, and saw prisoner into the back room; Mulligan was there before him; they afterwards went out into the garden ; witness went up stairs and looked out of a window, saw Mulligan and prisoner, the one standing in potatoes, the other in a cabbage garden ... …. The prisoner being; now called on for his defence, said, that he had no quarrel whatever with his companion but that on going into his room that morning he insisted he should fight him, and threatened to run him through with bayonet if he did not; they then went out, and Mulligan gave the word of command in the same manner as the officer would do on parade ; Mulligan’s piece missed fire, and he purposely fired over his head ; on the second occasion Mulligan also gave the word in the same manner; and he (the prisoner) intended to have again fired over him as he did before—for at the time he felt as if he would as soon lose his own life as be the cause of his companion’s death ; but unfortunately he hit him in the neck. He had no evidence except as to character. Colonel Francis Campbell, examined —Has known the prisoner for thirteen years ; his general character was truly exemplary. Colonel Campbell is second in command ; the witness added that on the morning of the fatal occurence the deceased had been punished at drill for some irregularity. Captain John Frith, examined.—Knows prisoner five years ; his general character was good ; he has been guilty of guilty of trifling irregularities, such as being drunk; he was generally employed as groom by the Officers of the Regiment, His Lordship then charged the Jury, and fully recapitulated the evidence, in the course of which he did not conceal his impression that this was a case for a verdict of manslaughter. The law made no exception in favor of duelling, and when death ensued in consequence of a deliberate and premeditating combat, it was murder. It provided however for the infirmity of human passion ; and when in consequence of sudden anger, a conflict took place in which death ensued it held that to be manslaughter. It would be for the Jury to say whether the conflict 'was of that nature. The Jury after a short consultation, found the prisoner guilty of manslaughter. Belfast Commercial Chronicle, 1 Aug 1825.

338

Penny-Lyn Beale on 24th March 2021

New South Wales, Australia, Convict Death Register, Name: Daniel Game Ship; Mangles 3. Age: 26 Date of Death: 15 Oct 1828 District: Windsor

338

Penny-Lyn Beale on 24th March 2021

New South Wales, Australia, Convict Indents. Mangles - 1825 Indent No; 144 Name; Daniel Game Age; 29 Protestant, Single Native Place; Trade or calling; Groom Trial where & Date; Waterford - Manslaughter - 21 July 1825 Sentence; Life Height; 5 ft. 7 1/2 in Eyes; Hazel Hair; Lt. Brown Completion; Sallow Additional remarks noted against name; DROWNED 8 Oct 1828 in crossing the Caddie Creek. Reported by his master