James Mcgarvey

341

Maureen Withey on 11th April 2026

County of Monaghan Assizes.  James Garvey, John M'‘Key, and Peter M'Key, for stealing four sheep on the 17th January; and Daniel for receiving same, knowing them to be stolen. Nelson.—Lost three ewes and a wether on the day in question; prisoners live about a mile from witness ; saw them the next night in Carrickmacross, in cus- tody of the Police; there was one of them dead; has the live sheep again, Cross-examined by Mr. Andrews.——Saw them the evening before they were stolen, middling late; one of the sheep was three years old, the others two; the wether was a yearling. Timothy Mitchell, Policeman.—On the 17th Jan., witness, accompanied by the Head-Constable and other Policemen, went to house; was there about three in the morning ;. found the four prisoners, and some women, in the house with their clothes on ; they did not appear as if they were in bed; found. four sheep in the house; one of them was dead; the  old prisoner, Daniel, was sitting on the dead sheep; took them. to Carrickmacross immediately. Last witness identified the sheep as his property. Cross-examined.—Got orders from the Head-Constable to be in readiness for duty; knows Owen Brady well; heard that he met him on the road, but did not speak to him; the old man had his breeches on ; thinks he had not on his there was straw in the corner ; the prisoners might have been sleeping on it; some of them had off their coats and shoes. Thomas Armstrong, Bridewell-keeper.— Accompanied the Police Constables to the prisoner’s house ; there were 7 or 8 Policemen with witness; one of the Sub-Constables demanded the door to be opened ; it was not opened ; he burst in the door; prisoners  were all, in the house ; identified prisoners ; found 4 sheep in the house; of them was dead; prisoner Daniel was lying on it with, some straw. Cross-examined.—Met Owen Brady within half-a-mile of the house; does not know if he (Brady) knew where they were going ; Gwen has not a good character; thinks Daniel M‘Key had his shoes on ; does not know if one of the women was confined; saw a young child in one of the female’s arms. Mr. Andrews submitted that there was no evidence against the prisoners he was employed for—-Peter M‘- Key and James Garvey. Of the stealing of the sheep, the only evidence was against the owner of the house for having them in it. He believed if the Crown would calla person whom they had summoned  named Brady, the case would present a different aspect. Owen Brady.—Remembers the night that Nelson lost his sheep; it was planned by Peter M‘Key and James Garvey on the day before to steal sheep in country; but Nelson was not named as the person; gave information to the Police about this affair, Cross-examined.— Was not at M‘Key’s house on this night; gave the information to the Police 3 or 4 days before; was out looking for persons who were going to waylay a man on this night when he met the Police going to house; saw Mitchell among them ; gave the information for the pure love of justice, not for a reward; has been in Gaol for stealing a cow. Peter M‘Aneny gave prisoners an excellent character. - All Guilty.  Newry Telegraph, 24 March 1840.

341

Maureen Withey on 7th January 2024

Irish Convict Database by Peter Mayberry. James McGarvey, alias McGarvy, age on arrival, 20, per Pekoe, 1840. Tried at Monaghan, 1840, 7 year sentence, for Stealing sheep. DOB 1820. Native place, Monaghan Co. Trade, Labourer. Single. Catholic.