John Heneberry

341

Maureen Withey on 4th July 2025

John Heneberry was given in charge, charged that he on the night of the 3othof May last did feloniously break open a window in the house of Richard Bartnett. of Tallow, and stealing from his shop £27 in notes and silver, and also a silk shawl and brass weight. Prisoner had no Counsel. Richard Barnett examined by Mr. Phelan—Recollects the 30th of May last. On that day witness put into his till one £3 Bank of Ireland note and over twenty pounds in 30s. and £1 notes, and 30s in change. Fastened his shop himself on the night in question, next morning his niece came came down between four and five o'clock, found the window broken in and the till stolen. She screamed  out Robbery. Witness then came down and saw bow matters stood. To the Barrister—Swears there were more than two  £1 notes in the till: swears positively there were four or five. Examination continued —There was also little brass weight  stolen. The brass weight now produced is the same brass weight. To the Barrister—There is no private or particular mark on it. Sub-Constable James Horgan examined by Mr. Phelan —From information received witness went to BaDinamultina on Sunday, the 5th of June arrested the prisoner at the house publican ; prisoner said he had a few lin in change about  him; witness searched him and found on him bundle of notes, with some change, amounting entirely £l6 10s. ; found also on prisoner silk shawl and a small brass weight; brought Prisoner to Villierstown Petty Sessions , Monday, …. Tuesday. Miss Mary Anne Gallagher examined by Mr. Phelan— Is niece to Mr. Bartnett; recollects the 30th of May list; saw money in the till in notes, silver and copper, on that day; recollects the morning of the 31st of May last; recollects seeing the window broken  in and the till and a silk shawl stolen ; would identify one of the notes; the £1 note now produced  is one that witness received the day before ; witness marked her name on the back of the note; there was the figure of a bird also on the back of it, and the word Ballycoola ; the silk  shawl now produced was stolen on the night of the robbery ; recollects the faded spot on it. Sub-Constable James Horgan re-called and examined by the Barrister—Gave the silk shawl to Mr. Slattery, who took it to Tallow with him the shawl now produced is the one witness got back from Mr. Slattery. Sub- Inspector William Slattery examined—Got the shawl now produced from the witness Horgan, and gave the same shawl back to him again. Head  Constable John Dowling Midlcton—Searched the prisoner and found on him £4 10s; came with him to Tallow on the 11th of June ; the notes now produced are what witness found on the prisoner. John Bavil examined Mr. Phelan—Saw a man sitting on a lime kiln on the 31st of May, between two and three o'clock in the morning; prisoner is the man. The case for the crown closed here, and the prisoner made no defence. The Barrister then summed up and concluding said that the principal evidence was that of the witnesses Horgan and Miss Gallagher. He then reminded the jury that they should give the benefit of any reasonable doubt they might have to the prisoner, and that now, he was happy to say, very few such cases were to be met with even at an Assizes. The jury returned a verdict of guilty. Waterford Chronicle, 2 July 1842.

341

Maureen Withey on 4th July 2025

Navarino indent: https://libraries.tas.gov.au/Digital/CON14-1-16/CON14-1-16P201 and https://libraries.tas.gov.au/Digital/CON14-1-16/CON14-1-16P202 John Heneberry, Tried Waterford, 24 June 1842, 10 years. 5 ft 7 ½. Age 22, catholic, cannot read nor write, Single. Offence: Housebreaking & stg £24, some silver, &c. Surgeons’ Report, Good. Trade, F. Labourer. Native place: Co. Cork. Remarks: F, John. S, Mary Ann Elizabeth.