Nicholas Donoghue

Level 218

Dianne Jones on 27th February 2021

1846, 12 September: Granted a Ticket of Leave (see https://stors.tas.gov.au/CON32-1-4$init=CON32-1-4p151). 1849 Muster: Nicholas Donoghue per Lady Kennaway was listed as an "absentee, presumed to have drowned" (see New South Wales and Tasmania, Australia Convict Musters, 1806-1849; Tasmania; Ledger Returns 1849).

Level 218

Dianne Jones on 27th February 2021

Trial transcript contd: GEORGE RITCHIE ... "Away for Miller's, and pull the b-s house down," and they went off - that was the cry of the mob - before that they had been threatening my house - they went towards Miller's house. Cross-examined. Q. Do you know where Miller lives? A. I do not; I know where Lidyard lives - I did not see the prisoners among the party at my house - they broke my lamp - they could have done what they liked. COURT. Q. Do coal-whippers frequent your house? A. Yes; some who work at one penny, and some at one penny farthing - I pay them myself for the masters - I paid some one penny, and some one penny farthing, at that time. ANN RITCHIE. I am the wife of the last witness - I saw the mob at the door of our house, and heard them say, "Away to Millers', away to Miller's - and pull the b-y house down" - our lamp was broken. COURT. Q. How long were they in front of your house before they went away? A. I should think about ten minutes. JOSEPH MORRIS. I am a surveyor - I examined the house of Mr. Lidyard, and found the sashes of the window in the front of the tap-room broken to pieces, as well as the glass that was in - the sash was broken to pieces, but not the outside frames - the middle frame, which we call the sash, which are the divisions between the panes - the frames were merely damaged with blows - the window of the front bed-room, over the tap-room, was literally broken, and the sash part and the frame damaged - the top part of the street-door had a sash, which was broken to pieces, and the door injured with blows from stones and brick-bats - the tap-room door, or rather the passage-door between the passage and tap-room, had the sash broken in, and the casement which turns on hinges - there was a pair of doors between the tap-room and parlour - one of those doors had a sash in it which was broken to pieces, and the panel of the other door was broken out - the back-yard wall was taken down, and the chairs in the tap-room broken to pieces - the wainscoat between the tap-room and the room behind was broken, and one panel broken out, and a panel between the tap-room and passage broken, and the partition very much injured with heavy blows - this all appeared to have been done with stones and brick-bats, by violent means. THOMAS MILLER re-examined. Q. Where do you live? A. In Pleasant-row, Stepney-green, about three hundred yards from the public-house - no mob came to my house, nor was any damage done to it that night. Batt's Defence. I am innocent, my Lord - I never saw anything done, and did not have a brick in my hand. Kippin's Defence. I went to the house, and called for a pint of beer, not knowing the mob was near the house at all - as soon as they came, I came out, and went on. Donoghue's Defence. I am as innocent as the child unborn. Samuel Griffths, a coal-dealer; William Ellis, horsekeeper; Thomas Shepherd, rope-maker, of Stepney-causeway; John North, licensed victualler, Broad-street, Ratcliffe; William James North, William Blakey, ship-owner, Stone-stairs, gave the prisoner Batt a good character. John Mason, licensed-victualler; William -, boot and shoemaker, Lower Cornwall-street; Thomas Corral, baker, Newmarket-street, Wapping; Peter William George, tin-plate worker, gave the prisoner Kippin a good character. James Dowling, licensed-victualler, Ratcliffe-highway; James Brown, hair-dresser, and Michael Donoghue, ballastman, gave the prisoner Donoghue a good character. BATT - GUILTY. Death. Aged 45. KIPPIN - GUILTY. Death. Aged 42. DONOGHUE - GUILTY. Death. Aged 18."

Level 218

Dianne Jones on 27th February 2021

NATIVE PLACE: Limehouse, Middlesex (see https://stors.tas.gov.au/CON18-1-10$init=CON18-1-10p142). TRIED: 20 February 1834 at the Old Bailey where he received the death sentence, commuted to transportation for life. Below is a transcript of the proceedings: "February 1834, trial of THOMAS BATT GEORGE KIPPIN NICHOLAS DONOGHUE (t18340220-4) THOMAS BATT, GEORGE KIPPIN, NICHOLAS DONOGHUE, Breaking Peace -> riot, 20th February 1834. First Middlesex Jury, before Mr. Baron Gurney. 320. THOMAS BATT, GEORGE KIPPIN, and NICHOLAS DONOGHUE were indicted for, that they, on the 6th of February, at St. Dunstan, Stenbonheath, alias Stepney, feloniously, unlawfully, riotously, and tumultuously, did assemble together, with divers other persons, to the disturbance of the public peace, and being so assembled, feloniously and unlawfully, and with force, did begin to demolish, pull down, and destroy a certain house there, belonging to George Lidyard, against the Statute, etc. 2nd COUNT, like the first, only omitting the words printed in italics [Note: No words appear in italics in the online version of this document.]. MR. ADOLPHUS conducted the prosecution. GEORGE LIDYARD. I keep a beer-shop, called the White Lion, in Fair-place, Stepney-fields, in the parish of St. Dunstan, Stepney - there is another beer-shop, next door, called the King William - Mr. Miller pays his men at my house, and has done so for the last ten or fifteen months - he pays the coal-whippers in his employ - on Thursday evening, the 6th of February, about half-past eight o'clock he was at my house ready to pay his men, and some intelligence was given - we received an alarm that there was a mob coming; in a few minutes a person came into the place - I believe he was alone - I did not see anybody else with him - shortly after that one person came in there was a terrible crash, and there was a great number of persons there. Q. What do you mean by a terrible crash? A. Breaking in the windows and window-frames with brick-bats and stones; and part of a flat iron, without a handle, was thrown into the bar - I could hardly hear their expressions; for the shouts were very tremendous, and some observations passed - there was a general huzza; they broke in the windows and frames, and demolished the chairs in the house. Q. Did people come in through the window? A. Yes, they did - I could see four or five; but how many were outside it was impossible to state - when they came in, they endeavoured to catch hold of Mr. Miller and part of his men - he was under the necessity of leaving the house entirely to their mercy; and both Mr. Miller and the coal lumpers, whom he employed, were obliged to leave the house and fly for their lives in all directions - Mr. Miller had some money in a basin on the table in the kitchen, which is a back room - a good deal more damage was done to my house - they went up stairs - they pulled down a partition in the tap-room and the parlour, and the brick wall was pulled down - the brick wall which was pulled down was behind the house, in the garden - that was part of the house - I did not see any of the persons to distinguish their persons. Cross-examined by MR. PHILLIPS. Q. Who is Miller? A. A person who employs a number of men as lumpers in the coal trade - my house is a beer-shop, in which the men were usually paid - I have nothing to do with the coal trade myself - Miller has no interest in my house at all - I had not the least quarrel myself with the men. Q. Nothing to induce them to have any animosity towards you, whatever they might have had towards Miller? A. Not the least - I believe there was some ill will on the part of the men towards Miller, but I had nothing to do with it - I have not the least doubt that Miller would have been murdered, if he had not made his escape. Q. I believe you have very little doubt their object was to wreak a very atrocious vengeance on him? A. I rather think it was so. Mr. ADOLPHUS. Q. Before they came to where Miller was, did they break in your windows as you have described? A. Yes; they knew that Miller resorted to my house to pay his men. COURT. Q. Was it a notorious thing in the neighbourhood that Miller's pay-table was at your house? A. He used to check and pay there almost every evening - he has sometimes paid a hundred and fifty men of a night there - I have seen from a hundred to a hundred and twenty paid there. Q. Was there a difference among the coal-whippers - were they in two parties? A. It is impossible for me to say - I believe some worked at one price and some at another - there was never a disturbance at my house before - I lost 3l. 16s. from my up-stairs room - some of the mob went up stairs - I do not know what became of Miller's basin and money - I cannot say how many persons there were at the time the mob entered; I should suppose there were twenty-five or thirty - the mob dispersed us all - I was under the necessity of disguising myself, and getting into the next house, and the people there tried to prevent my remaining there - they were afraid of being murdered as well - I was not kept out of my own house more than seven or eight minutes myself, before I returned to it. Q. Did the policemen come? A. Yes; two of them acted like men; they were Barton and Sheen; they certainly did their duty - they called me from over the wall, and said the mob were all gone. Q. When the mob came in through the window which was broken, did they do anything directly to the partition between that room and the next? A. Brick-bats and stones were thrown to such an extent that every part was demolished, both the window-frame and everything. Q. Was the partition between that room and the other pulled down? A. Quite demolished - that was between the tap-room and the parlour. THOMAS MILLER. I am called a lumper in the port of London - I know the three prisoners well - I have never employed them as whippers to my knowledge - they are coalwhippers - we have had thirteen ships sometimes, and nine men in each ship - I employ above a hundred men - various sums have been given for delivery of coals - I have made no alteration in their wages for the last six months - there are two prices, I believe - I now pay less than I did six months ago - I generally pay my men at Mr. Lidyard's - on the evening of the 6th of February I was there with the intention of paying my men, and had 7l. in silver in a basin, and I sent for five shillings worth of halfpence - I was there about half-past eight in the evening, in the back kitchen - while I was there I heard a noise and tremendous shouts and halloos - they said, "Murder Miller, and all the b-y lumpers" - the noise was like a clap of thunder, from a great many voices - there were too many to distinguish - I left my money, and flew over the brick wall for my life - I heard a tremendous crash in front of the house - they broke in, and then I fled and left my money behind - I saw nobody there that I could distinguish - I made the best escape I could, and know nothing more. COURT. Q. You pay your men by the ton, I believe? A. Yes; I pay them now a penny a ton - there was no discontent among my men - I believe there has been a great deal of dissention on the subject on the coast of Wapping - it was formerly three halfpence a ton, then reduced to five farthings, and then to a penny - there have been disorders among the whippers at several houses on the coast of Wapping, and several breaches of the peace, but not at our house - these prisoners were not among the men I employed. JURY. Q. Of your own personal knowledge, have there been any riots or breaches of the peace among coal-whippers? A. There had been pieces of work on the coast of Wapping at different houses - I am positive of that. COURT. Q. Have you been present and seen that? A. I have not seen it. PHILIP MOON. I formerly worked at coal work, and live in Dean-street, Shadwell - I have been in Miller's employ - on the 6th of February I was at the White Lion before the mob came - I was there between eight and nine o'clock - I was standing near the front door, and the prisoner Kippin entered the door - a large mob was outside - he scarcely entered the door before brick-bats and stones came through the window like a shower of hail - Kippin rushed himself in - the door was not open - he pushed it open and rushed in, and immediately the volley of stones and brick-bats came through the window in such a manner, it alarmed us - we did not know what was amiss - I then turned from the front door and made my escape backwards - I did not see Kippin do anything except rush in at the door. COURT. Q. Did the mob come in the house before you left? A. No; I got away before they came - I did not hear Kippin say anything. GEORGE LAWRENCE . I was present at the beer-shop on the night of the 6th of February, and saw Kippin there - he came in at the door, and said, "I want some beer," twice, and he asked where b-y Miller was, and by that time they began pelting stones and brick-bats in at the window outside - I saw nobody else there that I knew - I ran out backwards and got on the kitchen tiles - I saw Craycroft there - I saw Kippin follow him out of the back-window, and make a strike at him as he (Craycroft) was getting over the wall. COURT. Q. Was that while he was escaping from the mob? A. Yes; he is not a coal-whipper, but a seaman. JURY. Q. Had Kippin any offensive weapon in his hand? A. I cannot say what he had, whether it was a stick or anything - I cannot say whether he had anything - I do not know what he struck with, whether it was his fist or what. CORNELIUS CRAYCROFT. I was at the White Lion on Thursday night, the 6th of February - I was in the parlour which is at the back of the house, and heard a noise outside the house, and the windows broken - I intended to escape backwards, but some people belonging to the house got there first - and as I could not get through, I came out of the parlour-door to go up stairs, and met Kippin at the parlour-door - I retreated back, and he followed me through the parlour door - I got through the window and escaped over the wall. Somebody followed me close to the window and struck at me, but I cannot say whether it was Kippin - he made a blow at me then with his fist or a stick - but so many had got into the tap-room then, I cannot say whether it was him - the mob had filled the house by that time, and the mob called out, "Murder them all." COURT. Q. Had there been differences among the coal-whippers? A. Yes; I have heard differences - grumbling along the coast. ANDREW MARSH. I was at the White Lion on the night in question - I have worked for Mr. Miller for the last month or six weeks - the stones came through the window and I was struck - I was in the parlour in the back-room behind the tap-room - a good many stones came through, and I was struck by either the first or second stone that came through the window - I was knocked down and made senseless - what happened afterwards I cannot say - I saw Kippin at the bar-door before I was knocked down - he either asked for a pint of beer or a pot - I cannot say which. COURT. Q. When you recovered, was the mob gone? A. I found myself in the back garden; whether I got out myself, or was taken out, I cannot say. JURY. Q. Did you hear Kippin call for beer? A. Yes. THOMAS MILLER, JUN. I am the son of Miller who has been examined - I was at the beer-shop on the night in question - I was in the kitchen, and heard the crashing of the windows, and thought all the front of the house was coming in - I made my escape as well as I could through the kitchen, got over the wall - as I got over the wall, somebody got hold of my leg - I got away - the wall parted between us, and fell down - I got on the privy in Fair-street, and hid there about half a minute - I saw fourteen or fifteen people in the yard - they had come through the house - they were not in the house before - they were part of the mob who came in to murder us, I believe - I know Batt - he was one of them - I saw him getting over the wall from the house - I do not know for what purpose, but one or two came close to me, and there were fourteen or fifteen, and they said,"Here is the bl-y police;" and some of the men in the yard said, "Never mind if there is a hundred" - I afterwards saw the police - I made my escape through the house, after seeing a man fall down, and got into the street - I saw Batt go up as far as the pots - he did not go into the mob then, but came back, and I saw his face - I saw a lot of policemen coming, and I seized him and gave him in charge. COURT. Q. You say you saw fourteen or fifteen come through the house, into the back yard, who appeared part of the mob; was Batt one of them? A. I saw Batt getting over the wall - I did not see him come out of the house - he was getting over the wall behind the house - my father did not live in Lidyard's house. JOSEPH BARDON (policeman). I went to the White Lion on the evening of the 6th - I was in Stepney-fields about two hundred yards from the White Lion, and heard a shout of huzza - I ran towards the house - when I got to the corner of the street, I saw a body of persons, I should think between four and five hundred, as near as I can calculate - I heard the stones rattling against the house, at the time I got to the corner - I then ran between the house and the mob, drawing my staff at the same time, and told them to withdraw - I then jumped over the ditch - I saw two or three stones thrown at the house, while I was there - I received one blow from a stone or brick-bat - before I jumped the ditch, I saw Batt standing on the opposite side, among the mob - in fact, he was in front of the mob - he threw two stones or brick-bats - I cannot say which - after going a little way back into the field, I jumped over the ditch again, went to the house, and was about entering the house - I had one leg in, when the stones came rattling about me - I got over the ditch again, and drove the mob further back - I returned to the house, entered it, and called for the landlord - I received no answer, and called a light, which my brother constable brought - I turned round to the window, and saw some respectable persons, as I took them to be - I charged them to aid and assist, and enter the house with me - they did so - we searched the bottom of the house, and then went up stairs - I found the front bed-room door broken open - the back bed-room door was fastened - I returned down stairs, and went out into the back yard; called for the landlord; found him in the next yard - he spoke to me at the wall - I returned to the White Lion - there was search made, and some money found scattered about - it was picked up by different persons - there was eight shillings in silver, and four shillings and seven pence halfpenny in copper - I heard, some time afterwards, that a person was taken into custody - I went to the watch-house, about two hours and a half after, and saw the prisoner Batt in custody. Q. Did you say anything to the mob assembled about their proceedings? A. I told them to desist throwing; and the first man who threw a stone I would knock down, and take him in custody; but I knew my life was in danger - I cannot identify the other men; but next day I apprehended Kippin from information - I asked where he was the night before - he said, "At the White Lion," but he knew nothing about the row. WILLIAM SHEEN (police-constable). I was in company with Bardon on the night in question - I saw Batt throw twice in front of the White Lion, he threw brick-bats or stones - he was in front of the mob, forming part of them. COURT. Q. Did you go in the house? A. Yes: with Bardon - there were whole bricks in the house, and parts of bricks, and stones - one of the constables has one stone. DENNIS POWER (police-sergeant). I went into the house - I cannot identify any of the prisoners - I found brick-bats and stones there, which had been thrown, and I produce some of them - these are not paving stones, but large stones which had been placed on the road; and here is one brick-bat - I saw a great portion of the front of the house and the inside demolished - it was apparently done by the bricks and stones which lay inside - a portion of the wainscoating, and the sashes which divide the parlour and the tap-room, and the window of the tap-room were entirely broken - the glass and sashes were broken in, the wood work as well as the glass. JOHN MURRAY (police-constable). I saw the mob coming along Ratcliffe-highway - I saw Kippin among them, and laid hold of him by the collar; and said, "What are you doing here?" - he said, "What the devil is that to you? I am innocent" (this was after it was over) - they were a mile, I dare say, from the White Lion - they were coming along in a riotous way - they stopped opposite the Pewter Platter, and broke the window - they were a disorderly mob - I took hold of Kippin, and a mob came and rescued him from me directly - I saw nothing of Donoghue - I apprehended him in Brook-street, Ratcliff-highway, two days afterwards (on Saturday) - in going to the watch-house, he said, "Mr. Murray, what have you taken me for?" I said,"About the disturbance at Stepney, I believe" - he said,"Is that all? I wish they had broken the b-y b-s neck." HUGH HUGHES. I am a policeman - I apprehended Batt, about half-past eight o'clock on the evening of the 6th ofFebruary, close to the White Lion - I told him he must come with me to the station-house - he seemed confused - I said, "What is the matter?" - I said, "Do you mean to say you were not in that mob?" - he said, "I heard a noise, and came to see what was going on" - I took him to the station-house. BRIDGET POWELL. On the evening of the 6th of February I was going to the White Lion, about half-past seven o'clock, and saw the mob go over towards the White Lion- I saw the prisoner Donoghue among them - I did not see the other two men - there were a great many persons in the mob - I cannot say how many - they went up Stepney-causeway, across the fields, and went to the White Lion - I saw Donoghue heave a stone towards the White Lion - that was when the mob threw stones - he said nothing on seeing me. COURT. Q. How far did you see him go with the mob? A. I saw him come up the lane through Stepney-causeway and through Stepney-fields - I saw him for about a quarter of a mile before he came to the White Lion - he was all that time with the mob - when they got to the White Lion they began throwing stones directly - I saw him throw one stone - I did not see Kippin go into the house. JOHN ALLEN. I am a waterman - on the night in question I was going to the White Lion, and was stopped by a person, and did not go - I met Donoghue in School-house-lane - I said to him, "Halloo, Mike!" he said, "Halloo, Jack!" and hallooed out to the mob, "Here is one" - I am occasionally a coal-whipper, and work for Miller - I ran off with all possible speed to get away from the mob to save myself, and at that time I heard the panes of glass being broken at the Pewter Platter - I did not see the other two - I held my head down, so that they should not observe me. COURT. Q. Did they go to the White Lion after or before they went to the Pewter Platter? A. I do not know; it is three quarters of a mile from the Pewter Platter - Donoghue appeared to be one of the mob - this was close upon the stroke of nine o'clock, I should think. JURY. Q. What made you think Donoghue was one of the mob? A. He addressed the mob who was walking with him, and said, "Here is one." GEORGE RITCHIE. I keep the George public-house, Cock-hill, which is three quarters of a mile or a mile from Lidyard's house - on the Thursday evening from four to five hundred persons came to my house - they were coal-whippers - I saw none of the prisoners there - when the mob was going from my house a large number of voices called out, "Away for Miller's, and pul