Nicholas Tobin

Level 347

Maureen Withey on 24th June 2023

Irish Convict Database, by Peter Mayberry. Nicholas Tobin, age 20, Per Java, 1833, Tried Kilkenny, 1833, 7 years for Shooting. DOB, 1808, native place, Kilkenny. Single. Catholic. Trade: Labourer Farm. ---------------------------------------------------------------------- The following persons—15 in number—left our County (Kilkenny) jail at an early hour Thursday morning, escorted by strong military party, on their way to the Cove of Cork, to put on board the Hulk there, previous to transportation :—Nicholas Tobin, found guilty of attacking the police under command of Major Browne—to transported for life. Stephen Brennan, for highway robbery—like sentence. Patrick Farrell and Richard Lynum, for assaulting Policeman—like sentence. Patrick Mullally, John Madigan, William Lalor, Michael Comerford, and John Fennelly, for administering unlawful oaths and other Whitefoot offences —like sentence. James Butler, Edmond Dowling, Martin Brennan, and Patrick Cody, for attacking the dwellinghouse of the Rev. John Kearney—to transported for 7 years. Patrick Kennedy and William Egan, for attacking Michael Brennan, near Jenkinstown, like sentence. The above convicts, (10 out of in the county and 5 in the city, sentenced for transportation our late assizes) are, as yet the only prisoners ordered proceed to Cork. Why is this? We understand that Cody, one the four persons taken in arms Mr. Coburn, C.C., at the gate of Flood Hall, immediately preceding our late assizes, and sentenced transportation for that offence, has been respited. His associates are amongst the number of those enumerated above as having been transmitted to Cork. We are not aware in what respect the offence Cody is distinguishable from that of his companions in arms. He is, however, nearly related to a Priest at Thomastown —Kilkenny Moderator. Waterford Mail, 30 March 1833. -------------------------------------------------------------------- Part of the newspaper report in Kilkenny Moderator, 16 March 1833. Nicholas Tobin was then put to the bar, charged with aiding and assisting in the murder of Daniel Tighe, a policeman, on the night of the 21st Feb. last. Charles Kirkshaw, sergeant of police, sworn —Knows Tobin the prisoner and was on duty on the 21st February under Major Browne ; went with him to execute a warrant against a man of the name of Kehoe, living at Paynstown, where they arrived about 19 o'clock at night there were 1-1 or 15 policemen in his party ; when they got near the yard wall of Kehoe's house they were challenged by some persons, not police; witness did not answer, but one of his party said a shot was instantly fired by one of those persons which was quickly returned by the others, at this time he observed two or two of the Whitefeet near Kehoe's house ; upon the discharge of the first shot which came in the direction of witness he ran forward and seized a man named Patrick Butler, who is now dead ; Butler refused to deliver his gun, tried to level it at witness, and endeavoured to escape ; witness then called to Major Browne, who with two or three policemen came up and held Butler, who instantly cried out several times, fire, boys! while witness had a hold of Butler a shot was fired from Butler's gun ; can't say if Butler fired it, but saw it in Butler's hand and raw the blaze shooting out of the barrel of it ; that shot in Tighe's belly ; another shot was fired at the Police from behind a ditch. Major Browne ordered some of the Police to go up in the fields and fire to prevent the Whitefeet from assembling again : four shots were fired by the Whitefeet, saw Tobin, who had been standing close to Butler, running away; he was arrested by Trout, another Policeman ; on searching Tobin three shots and some powder were found in his pockets. Butler received a wound in the side that night in consequence of which he died ; that wound was inflicted after the shot was fired from Butler's gun ; Butler died from the effects of a bayonet wound. Identifies prisoner. To the Judge—The prisoner Tobin attempted to run away immediately after the first shot war fired. Kehoe was arrested that night. Cross-examined --The shot from Butler's gun was the third ; did not take Butler before the first shot was fired, but did before the second ; witness kept Butler where he was taken ; they were struggling together ; after Major Browne and some of the police came up to hold Butler; witness loaded his carbine ; heard Major Browne crying out about his finger ; both saw and heard Butler's gun go off, but can't say if he had it to his shoulder ; it might have gone off by accident, as Butler was very violent in struggling to get off ; the prisoner was arrested close to where witness was. ….