Dennis Mccarthy

135

C H on 15th February 2024

Old Bailey Online FLORANCE McCARTHY. DENNIS McCARTHY. Killing; murder. 6th April 1826. Text type Trial account Defendants FLORANCE McCARTHY, DENNIS McCARTHY Offences Killing > Murder Session Date 6th April 1826 Reference Number t18260406-21 Verdicts Guilty > Manslaughter Punishments Transportation Before Lord Chief Justice Abbott. 597. FLORANCE McCARTHY and DENNIS McCARTHY were indicted for the wilful murder of Daniel Sullivan . MESSRS. BRODRICK and LAW conducted the prosection. GEORGE GROVER . I keep the Rose and Crown public-house at Bromley . On the evening of the 11th of March, the prisoners were at my house with other persons - Daniel Sullivan was there, but I did not see him while the prisoners were there; Florance Bryant was in company with the prisoners - Sullivan left the house about twenty minutes after eleven o'clock - the prisoners had left about half-past nine - I believe Bryant went out with them; Cornelius and Jeremiah Rearden were in the same box with Sullivan, and left with him. Cross-examined by Mr. BARRY. Q. Were there any other persons with Daniel Sullivan? A. There were two or three others. I had not supplied much beer - Bryant went out with the prisoners, or within two or three minutes after them. I remember Sullivan wishing Daniel Collins to pay for a pot of beer - Collins appeared to be the prisoners' friend - he objected to pay; the servant took the beer to them. JEREMIAH REARDEN. On the 11th of March I was at the Rose and Crown with my father, in company with Daniel Sullivan, who lived at my father's house at Bromley. I know the prisoners and Florance Bryant - they lived between the public-house and our house - we pass their house to go home - I saw the prisoners and Bryant at the public-house between nine and ten o'clock - they went out a good while before us - I left with my father and Sullivan between eleven and twelve o'clock, and passed the prisoner's house in our way home - there is only another house between theirs and the pathway, and as I passed I saw Dennis McCarthy standing outside his door - another person was with him - I do not know who - I saw McCarthy put his head inside the door when he heard my father coming by - he was speaking - I do not know what McCarthy said, but I heard him speak. Florance McCarthy and Florance Bryant then came out with him, and Florance Bryant's wife, and Daniel Collins and a boy; Dennis McCarthy had a stick in his hand - I saw nothing in Florance McCarthy's hand then; he caught hold of my father by the shoulder, and told him he was not going off so easy as he went off before; Dennis McCarthy got behind my father, with a stick, and hit him on the head with it - my father and him struggled for the stick, and Florance McCarthy hit my father with a poker - I do not know where he got it; I was helping my father and he struck me also on the cheek with the poker; I went away for assistance, to get my father from them, and at this time saw Daniel Sullivan leaning against a paling a little distance off - I left him there when I went away for help - I returned soon after without any further help, and found my father laying at the corner of a garden near the spot - I picked him up - he was bleeding very much - Daniel Sullivan was leaning on the same place - I had not been away five minutes - there was a ditch a little distance off from where the fight began - I saw the deceased and Daniel McCarthy in the ditch - they were standing about - I was afraid to go near the ditch, but I saw Dennis McCarthy hitting Sullivan a good many times - I do not know what he had in his hand - I did not see Florance Bryant nor Florance McCarthy when I returned. Dennis McCarthy kept striking him for a quarter of an hour in the ditch - I could not see whether Sullivan resisted - he had nothing in his hand while he was by the paling; there were several women about the ditch - they pulled him out - I and Lyons brought him home; just after I got home I went for a surgeon, as he was all over blood and dirty ditch water - he died on the Tuesday. Cross-examined. Q. How long had you been at the public-house? A. From six till between eleven and twelve o'clock - I only had two pints of porter. I have had a few words and blows with Daniel Collins, about Christmas, but it was made up before this. Sullivan made no observation about Collins paying for the beer. It was dark but there were lights brought when he was in the ditch - the ditch is not far from where the fight began. Q. Who were fighting? A. Dennis and Florance McCarthy were beating my father - I and my father tried to prevent them as well as we could - McCarthy stood at his door, with his face towards us as we passed. I remember nothing about a challenge; I never swore I did not see them strike the deceased, or that I was not sure McCarthy was the man in the ditch; I could see that he was hitting him; my father was speaking to Sullivan when we came by the prisoner's house. CORNELIUS REARDEN . I am a gentleman's servant. I was at the Rose and Crown with my son and Sullivan; we left the house between nine and ten o'clock I think; and when I got into Mann's building my son and another young man were before Sullivan and me - I observed Dennis McCarthy coming with a stick in his hand, and said to Sullivan "Dan, Dan, look out, there is something coming;" I had hardly spoken these words before Dennis McCarthy struck me with the stick on the head; I had had no quarrelling with him at all lately; Florance Mc-Carthy then came after me and struck me with a poker - I put my arm up - I was insensible - the blood spirted out of my arm - I got the sleeve of my coat torn with the point of the poker; I also received a blow with a fist in my right eye, and that brought me to the ground; I lay there some time, and cannot say what happened then to Sullivan; when I recovered my son stood there, calling out "My father is murdered!" The prisoners were at the public-house that evening, and went before us; my son took me home - the blood ran very fast from my head. Cross-examined. Q. You had had no quarrel with Dennis McCarthy lately? A. No; we had a few words about three weeks before, but no quarrel - there were a good many persons in the public-house, but not drinking with us; Magan, who was with my son, and young Gay, came in; I cannot say whether Gay came out with us; Dennis McCarthy struck me the blow before he spoke a word to me, or I to him; it happened between eleven and twelve o'clock. Q. Where were you from between nine and ten, when you left the house? A. Going home; I did not hurry myself - I do not think that I live half a mile from the house. Q. Was not McCarthy's house shut up when you passed? A. I did not look at the house - I did not see him till he was coming up - nobody told me he was standing at the doorway - I heard nobody call out to the persons in McCarthy's house - I recollect hearing Mrs. Bryant's voice in the road, but not seeing her - I saw her just inside the Rose and Crown. Mr. LAW. Q. Had you passed the house when you were struck? A. No, I was just coming up - we might stop on our way from the public-house and talk - we did not hurry. MARY SULLIVAN . I am the deceased widow. On the 11th of March, between nine and ten o'clock, I went to fetch him from the Rose and Crown - he spoke to me outside the house, and I went home; a woman came to my house between eleven and twelve, and said something; I went out and found him laying down, and a man jumping on his back, about ten yards from McCarthy's house; I saw his face all over blood; just as I came up I saw Florance Bryant make a run, and leap on my husband's body - just on his side - I took him up and led him towards home; Florance McCarthy came up and hit him three blows with a stick on the back of his head; Jack Magan was with him; Florance Bryant tripped my husband up into a ditch - I cannot say where Florance Mc-Carthy was then - Dennis McCarthy jumped down upon him as he was endeavouring to get from the ditch - he laid hold of his head with one hand, and dipped his head into the ditch, and struck him for a full quarter of an hour he kept beating him - I stood by but could do nothing - when I saw him almost murdered I thought it right to take care of my life for my family. Mrs. McCarthy took my husband out of the ditch by the collar; I took hold of his shoulder, Lyons took hold of his legs, and we got him out of the ditch - got him home, and went for the doctor; he was not quite sensible till the doctor came; we carried him home - he could not walk - he died on Tuesday evening; I said to him on Sunday "Do you think you shall recover?" he said he did not know, but if he did he should never be able to do any thing; on the Tuesday, between twelve and one o'clock, he said "Take me out of bed and make the bed;" I did so; he said "Mary, make haste, for I am almost gone - I am a dead man;" he died about six o'clock; he said Florance Bryant, and his lodgers, were the cause of his death; the prisoners are Bryant's lodgers. Cross-examined. Q. Florance Bryant is the man who took a running leap on your husband's body? A. Yes; Magan's son was at the public-house that night; I cannot say whether the father was; Dennis McCarthy is the man who jumped upon my husband in the ditch - I knew him by sight but not by name; he jumped into the ditch, not on my husband; the water in the ditch was as high as my breast, I think. MARGARET DODD . I live at Bromley. On Saturday night, the 11th of March, at twelve o'clock, I heard a noise - I jumped up and came out, and the first I met was Daniel Sullivan, all over blood; I asked who was that - he said it was him; I knew him by his voice; the prisoners were within hearing; I asked him what was the matter - he said Florance Bryant and his lodgers were after killing him - we were three or four yards from the ditch; I turned round to go home, and immediately heard a great plunge in the ditch; I asked who was in the ditch; a woman said it was Daniel Sullivan - Dennis McCarthy was in the ditch hitting Dan Sullivan - there was only a little of his head to be seen; Florance McCarthy was on the bank of the ditch. Cross-examined. Q. Did you hear any noise before? A. The noise awoke me; I was not a moment getting up- I only put my cloak on; they were a good distance from McCarthy's house - nearer to Sullivan's; they live about 200 yards apart; I was not a yard from the ditch when Dennis McCarthy jumped in. ELIZABETH GILL . I live at Bromley. On Saturday night, the 11th of March, about twelve o'clock, I heard a noise, went out, and saw Daniel Sullivan and his wife - Sullivan went towards the ditch, as if he was going home - he had to pass there; I went away for a little while, then came back and saw some fighting in the ditch; I saw McCarthy beating Sullivan in the ditch, with his fist; I could not see where he struck him; Margaret Dodd said something to Florance Bryant, who jumped into the ditch, and was releasing Sullivan out of the ditch, and while he was trying to get him out I saw Dennis McCarthy strike Sullivan with a stick. I staid till he was taken out and taken towards home. Cross-examined. Q. When Dodd spoke to Bryant did you see Dennis McCarthy? A. I saw him in the ditch, striking Sullivan; Florance Bryant jumped into the ditch to help Sullivan out. THOMAS BURFORD . I am constable of Bromley. A watchman applied to me at twelve o'clock on the 11th of March - I went to Rearden's house, where the deceased lay; I afterwards went to Florance Bryant's house - the door was bolted; I knocked two or three times, and at last, after threatening to break it open, somebody opened it; I went in - the first thing I saw was Florance Bryant going up stairs, on seeing me; I and the watchman followed him up; the door of the bed-room was fastened - I threatened to break it open, and a voice within said they would come down as soon as they were dressed; I came down, leaving the watchman at the room door, and heard a voice outside exclaim, "The e is somebody getting out of the window;" I went out - Florance McCarthy dropped from the window; I secured him - he then had a clean shirt and trousers on. Dennis McCarthy was secured in the house; he was also in clean linen. The ditch is very dirty, and had a great deal of water in it at that time. Mrs. Burke gave me a poker on Wednesday, the 15th of March. HANNAH BURKE . On the morning of the 12th of March I found this poker, about break of day, on the footpath - I pointed the spot out to Townsend. SAMUEL TOWNSEND . I am one of the parish officers. The spot Burke pointed out to me is a few yards from the ditch which Sullivan's widow shewed me - it is about 150 yards from Bryant's. THOMAS ANSELL . I am a surgeon. On the 11th of March, at midnight, I was called to the deceased - I found him laying on a bed at Rearden's house, much exhausted, but sensible. I found several wounds on his head - one on the back of his head, one on the forehead, and another near the eye; I attended him till death, and afterwards examined his body; the whole of his back was one livid bruise - I opened the body - the small intestines were in a state of great inflammation; it appeared to me to have been occasioned by repeated blows; the inflammation of the intestines was the cause of his death - it became gangrene; he was quite a healthy subject, except a very old complaint in the liver, from which he had recovered - that had nothing to do with his death. Cross-examined. Q. Did you discover any disease? A. None whatever; there was inflammation about the kidneys. Florance McCarthy, in his Defence, entered into an account of a quarrel between Rearden, and one Collyer, a few weeks previous to this transaction, and stated, that on the 11th of March Collyer and Rearden quarrelled again at the public-house, about a pint of beer, when the deceased was going to strike him with the pot, but was prevented - that they went home, and about 12 o'clock Rearden and his party came to the door, and called Collyer out to fight - when Bryant asked why he made a disturbance at his house at that late hour - they got fighting, and the deceased attacked Bryant's wife, and tore her clothes; she called out Murder! and they went to her assistance, but used no violence to him; they went in doors, and in a few minutes heard a noise and went out, hearing the men were fighting in the ditch, and saw Florance Bryant and a woman helping him out of the ditch. DENNIS McCARTHY's Defence. The first of this was Jack Barry and Con Rearden had been to Lambeth-street, about an assault; Collins was a witness, and Rearden said he would serve him out for it. He came to our lodgings once or twice, stripped, called us out to fight, and said he would have blood or something - and on the night this accident happened the deceased and Reardens were drinking at the Rose and Crown; Collins drank out of their pot and they wanted him to pay for a pot - he refused, and the deceased put up a pot, and said he would strike him with it. About twelve o'clock they came to our house, and called him all manner of names; the landlady came out, and was attacked: we went out - Rearden told me to go home to his lodgings with him - I did so, and as I returned I saw Sullivan near the ditch - he struck me and I struck him; we both rolled into the ditch, and I do not know what happened. I was all covered with mud and stuff. MARGARET DRISCOL . I was in bed on this night, and heard a row at a quarter or half-past twelve o'clock; the watchman said Rearden and Florance Bryant's people were fighting, and he would have no hand in it, and in about two minutes I saw Sullivan pass by, going home - I moved towards the ditch, where there were two or three women; I saw Sullivan turn back with his wife - he pulled a rail out near the ditch, went and struck Mrs. Bryant with it three times - she called Murder! and somebody ran down to Florance Bryant's - Dennis McCarthy and another man ran down from their place - I made the best of my way home when I saw the people coming. FLORANCE McCARTHY - GUILTY. DENNIS McCARTHY - GUILTY. Of Manslaughter only . - Transported for Life .