Leinster Express Article 1832

24 March 1832

MARYBOROUGH ASSIZES - Tuesday - Fifth Day

MURDER OF MR. GREGORY

John Rochfort was the first prisoner put to the bar, and was indicted for having on the 20th of August last, aided and assisted in the murder of Mr. Thomas Gregory, at Rushes-cross.

Sergeant Penefather stated the case for the prosecution in a very able and impartial manner. [We have a report of his speech, but as he stated nothing except what afterwards appeared in evidence we conceive it unnecessary to lay it before our readers.]

John Bulger examined by Mr. Tickle- was steward to Mr. Gregory, who resided in Carlow, remembers 19th August; had a house called the farmhouse, on the lands of Ballylehane; saw Mr. Gregory on 19th August; was not at home when he first arrived; was on the upper part of the land; went by orders to Mr. Gregory, at the farm-house; James Singleton, (his clerk) was the only person with Mr. Gregory; Mr. Gregory travelled in a tax-cart; he looked over the farm, and returned about half past six o'clock; witness went about a quarter of a mile with Mr. Gregory to the cross on the old turnpike road, when he returned; they met James Rochfort, as they were going.

James Singleton examined by Sergeant Pennefather- Was clerk to the late Mr. Gregory; was in his employment from the 6th of June till his death; Mr. Gregory and witness were at the Ballylehane farm, on the 19th August last; returned as they went in a tax-cart; Mr. Gregory was in front and witness in the rear; John Bulger accompanied them some distance on their return; a man addressed himself to Bulger and Mr. Gregory; the later asked him his name, and he said James Rochfort; Mr. Gregory said "you have a nice boy of a brother!" James Rochfort then went away; and Bulger who was walking at one side of the tax-cart soon after returned; Mr. G. then whipped the horse, and trotted on till they came to the cross; witness's notice was first attracted by men suddenly appearing; saw six or seven men; most of them had pitchforks; one had a pick-axe and another man appeared to have nothing in his hands; from their dress they appeared to be colliers, except one; was not alarmed when he first saw them; considered them to be people who were coming from making hay; it was about seven o'clock; one man who had a pitchfork, came first over the wall on the road; two more instantly followed; his attention was next attracted by the tax-cart turning aside, when witness saw a man holding the horse; Mr. G. said "What you rascal, what are you about!" the man said he would let him know instantly; Mr. G. struck the horse, and he continued in a smart trot; the man held the horse for a considerable time; Mr. G. struck him across the ribs when the man let go, and struck the horse with a pitchfork across the head; witness turned round; when he did so, a blunderbuss was close to him, resting on the cart; when witness saw the blunderbuss he stopped, and cried out to Mr. G. to mind himself; the blunderbuss was discharged immediately and Mr. G. cried out "Murder, murder" the horse started, and Mr. G.'s and witness's hat fell off; witness fell out of the cart, as one wheel was raised from running over a heap of stones; saw the prisoner at the bar in the first instance coming over the ditch; saw him afterwards, while witness was on the ground where he lay flat as he could, running with the other men after Mr. Gregory, with whom the horse ran away; the men followed Mr. G. about 20 yards [26 meters] when they returned; witness took off his shoes and ran away towards the farm-house; the steward's wife went with him to the cross of Gurteen, where he got a horse and rode to Mr. Moore Hovendon's, here he stopped all night; witness charged William Rochfort because he looked very like the man who fired the shot at Mr. G.; but the person who had fired the shot had a healed cut on his face; first saw the prisoner at Mr. Stapleton's where he immediately recognised him; witness attended the Inquest at Ballickmoyler; saw William Rochfort there; who was in a lock-up house at the opposite side of the street from where the Inquest was held; accused William Rochfort as the man who fired the blunderbuss, after he was examined before the Inquest; went back again to the inquest, said William Rochfort was like the man who fired the shot, but he could not swear to him, accused William Rochfort, as he thought if he was there, he might turn approver, and save witness trouble of coming to prosecution.

Cross-examined by Mr. Darcy- Was alarmed when he saw the horse turning; the entire transaction from the time the shot was horse was caught hold of to the time the shot was fired, occupied no more than three or four minutes; knew one of the men, the prisoner at the bar, and would know the man who fired the shot; knows a man named Dowling, a tanner in Carlow; had a conversation with him; does not know whether it was before or after the inquest; on his oath, he does not recollect to have told Dowling at the inquest, that he had any doubt the prisoner at the bar was at the murder; recollects to have met Mr. Marshall, an attorney, the day after the murder going into Carlow; he did not tell witness that he heard there was a man taken up for murder, and was in custody at Mr. Stapleton's; believes he was finally examined before he went, and accused Wm. Rochfort; does not recollect to have sworn Wm. Rochfort was the man who fired the shot; never told any person he said he saw the man who shot Mr. G.; said he saw a man in Carlow, who was very like the person who held the horse; told it to Carpenter and his wife, the persons with whom he lodged; he made a direct charge on Wm. Rochfort for a purpose, but did not say before the coroner he was the man; thinks one of the men stepped over him as he lay on the ground; got a side view of the men as they ran by him; was in a great fright on the ground, when the men passed him; prisoner was dressed similarly to the others; there was only one man who held the horse, dressed differently from the others.

To Sergeant Pennefather- When the horse was running away Mr. G. was looking back over his left shoulder out of the cart, at the men who followed him; when he first saw the prisoner at Mr. Stapleton's, he was looking into a lawn out of a window; he knew him at once, but does not remember what he said; Mr. Gale, Mr. Stapleton, and (he believes) Mr. Cooper were there; was rather startled when he saw the prisoner; Mr. Gale said to him "Do you know that man!" or "those men!" does not recollect which; witness said he knew the prisoner; thinks the prisoner was hand-cuffed; there were several other persons besides the prisoner in the lawn.

To a juror- It was before Mr. Gale told him Mr. Gregory identified the prisoner, that he identified him.

To Court- Does not think Mr. Gale pointed out the prisoner; could identify but three men, was resting with his arm on the window, and was startled, when Mr. Gale observed him he asked him if he knew any of the men or the man!

Peter Gale, Esq. examined by Mr. Tickle- Is a magistrate of this county; remembers the murder of Mr. Gregory; slept at Mr. Stapleton's, of Tallerton, on the night of the 19th of August; recollects persons being brought to Tallerton, on the 20th; the police came up to Tallerton and brought up John Rochfort, as a prisoner; a great many others accompanied them; does not recollect that there was any other prisoner besides John Rochfort; Singleton was next the window, and he started up and said "That is one of the men who attacked Mr. Gregory!" does not recollect to have previously said anything to Singleton; when Singleton persisted in saying that the prisoner was one of the men, witness told him Rochfort was arrested on Mr. Gregory's informations.

Cross-examined by Mr. Walker- Resides in the part of the country where prisoner resided; knew John Rochfort, who once summoned Mr. Gregory before Petty Sessions.

Doctor Carter examined by Sergeant Penefather- Knew the late Thomas Gregory; was called on to assist him professionally; about twenty minutes after eight o'clock in the evening, he saw him at the house of a man named Donnell, where Mr. G. had been taken in when the horse was stopped; witness attended Mr. G. until passed seven next morning; he examined him, and found he had received a gun-shot wound in his right shoulder; which penetrated his right breast; 28 or 29 apertures were made through Mr. G.; the wound was inflicted on his back; witness cut off his clothes, on which the slugs fell out with a noise, as if a cloth containing peas was shook on the floor; his opinion was, that Mr. G. could not survive; he died about nine o'clock in the morning of the 20th.

Cross examined by Mr. Darcy- There was no fever attending the wounds; a brother of his (an apothecary) also saw Mr. Gregory appear more collected that at that time.

To Mr. Dunne, a juror- I cannot speak louder; however I may regret any defect your auditory organs. I have done my best to make you both hear and understand me.

To Court- Is certain Mr. G. had abandoned all hope of recovery; and said "my dear Carter, I am murdered!" Mr. G. said he knew all the men personally; but that he knew John Rochfort by name.

To Sergeant Penefather- Drew Mr. Gregory's will for him . about nine o'clock at night from his own instructions; the will was executed; it was attested by three witnesses two policemen and himself; he desired witness put pen in his left hand and direct it, and called the police to witness it with them; about half past eleven, John Rochfort was brought in, Mr. G. was slumbering; several men were brought up and Mr. G. was roused, when he said "That's the man, John Rochfort!" Rochfort said "No! I can bring men to prove, I never left the pit all day, and I did my work!" "Yes and mine too," replied Mr. G. "you were there!" the men were then removed; saw Mr. Gale there, between ten and eleven, after he made the will.

Cross examined by Mr. Darcy- Mr. Gregory had no clergymen; knows little about his religious feelings; Mrs. Gregory was there in the morning, as was also the Surgeon of the County Carlow Infirmary; Mr. Gregory's eyes were not very lively.

Doctor Byrne, was examined and corroborated Dr. Carter's evidence, as to Mr. G. being in a composed state of mind; Mr. G. said, on witnesses arrival about half-past four o'clock in the morning, "Byrne I'm glad to see you; is it not a fortunate thing that I have made my will?"

Hovendon Stapleton, Esq., Is a magistrate of this County; saw the late Mr. Gregory between the hour of ten and eleven o'clock; proved that Mr. G. swore to the informations in his presence; [here witness identified the informations;] Mr. G. made the mark with his right hand, after witness read the informations; Mr. G. appeared to be in his perfect senses; cannot say whether he was aware of approaching death; saw Dr. Carter there; informations were tread to Mr. Gregory because he was lying on the floor.

Peter Gale, Esq. corroborated the evidence of Mr. Stapleton.

Doctor Carter was again called and examined.

Court- Did you suppose Mr. Gregory to be in imminent danger?

Doctor- I did my lord.

Court- Under that conviction why did you send for a magistrate?

Doctor- I thought it would be a deriliction of my duty, as a member of civilized society if I did not do so.

Court- You need not be so eloquent, sir, you must not presume to reply to me. If your answer means any thing, it implies that mine is impertinent.

Doctor- My lord, I did not mean any such thing; I have spoken the truth, and cannot answer for your lordship's feelings.

Here closed the case for the prosecution.

DEFENCE

John Brenan was the first witness called for the defence; examined by Mr. Darcy- Recollects the night Mr. Gregory was shot; had persons reaping and mowing for him; heard the shot fired; before the shot was fired, saw persons passing; four passed within six perches of where he stood; never saw any of them before; after they passed witness asked one of his men did he know any of them; and he said he did not; kept his eye still upon them; after they passed (which was between six and seven o'clock) and when last man came to a ditch the wind blew up his old coat, and witness saw a blunderbuss; this man was one of the four who crossed the field; when the [men] crossed the hill witness went up to see where they went; men went to the place where Mr. Gregory was shot; witness saw a gig with two men running towards cross; did not hear a shot at that time; there were two men in the gig, one in front and one behind; saw gig after shot was fired, and front man remaining in; the other man had fallen off; witness made off back to his own field; witness knows John Rochfort who lived about twenty perches from him; swears he was not one of those he saw pass; saw men follow gig along turnpike-road; men turned back after some time and went in at right hand side of road; men came up by Martin Brenan's; men went towards Ballylihane.

Cross-examined by Sergeant Pennefather- Does not recollect when Rochfort prosecuted Gregory; attends meetings in his own station of life; speaks when his business leads him; gave up arms he had about a year ago; had four men working in his field; men were not in hearing; can't tell how many houses on road from cross to Donnelly's; not far from where he stood to his own house; about sixty perches or better; from where I was standing to cross about sixty or seventy perches; about half a mile or better from his own house to cross where shot was fired; another cross besides that where man was shot; when witness returned to the field he said "John there was a shot fired at the men;" John said Mr. Gregory passed; witness said he was so disturbed in mind he returned to see what happened the man who fell out; road leading to Athy has no house on it; did not go to inquest though he saw men pass within six perches; and saw them return; two or three of the men were dressed like colliers; knows a man named Brenan; but does not know he keeps a public house.

Thomas Murphy examined by Mr. Walker- Is a weaver; lives at the cross of the Rushes; remembers the evening Mr. Gregory was shot; was coming home at seven o'clock from the tailor's where he had been as the tailor was making clothes for him; he saw men standing on every ditch he could see; when he came close to them, one of them pulled out a blunderbuss and ordered witness to stand back; had an opportunity of knowing the men; on his oath he never saw one of them before to his knowledge; knows the prisoner at the bar for a length of time.

Cross-examined by Mr. Tickle- Was coming alone from the tailor's, when he met the five men; they pulled out a blunderbuss; saw a good many men on the ditches; knew Rochfort was taken up; never told the Magistrates what he has sworn, but kept it all snug and handy to himself; the men were not dressed like colliers.

John Mulhall, examined by Counsellor W. G. Kelly- Is a collier; knows prisoner at the bar; was working with him in the coal-pit from 11 o'clock in the morning till between nine and ten at night.

The evidence of the witness was corroborated by two others.

Edward Dowling, examined by Mr. Darcy- Recollects attending the Inquest which was held on the body of Mr. Gregory; heard Singleton give his evidence; Singleton went to the lock-up house and identified Wm. Rochfort in a positive manner; Singleton pointed to William Rochfort, and said "As sure as I have life in me, 'twas you shot Mr. Gregory," and repeated "As sure as I have breath in my body, you are the man who shot Mr. Gregory!" heard John Rochfort was at that time in custody; Singleton went back to the inquest; after he gave his evidence, witness had a conversation with him; witness remarked to Singleton the very extraordinary evidence he gave, in swearing so positive to Wm. Rochfort; Singleton said if he was the murderer, he might save him the trouble of going to Maryboro'; witness asked him had he any reason for identifying Wm Rochfort? Singleton said "William Rochfort was the biggest man!" witness asked if there was a large man would he identify him? he said he would; there were three or four persons present; witness told him it was very unjust for him to swear against Wm. Rochfort without being positive; Singleton said what he did swear could do him no harm; witness asked him if he was sure of the man in Maryboro' jail; he said he had sworn against him and could not go back on his word; does not recollect having any further conversation with him about John Rochfort; Singleton expressed some doubts.

Cross-examined by Sergeant Pennefather- Never saw Singleton until the day of the inquest; they were both strangers to each other; it did appear strange for witness to ask him the question; Singleton said if there was a larger man he would swear to him; did not take a note of what passed between Singleton and him; told Mr. Moran, the attorney, the conversation; and desired him to bear it in mind.

James Singleton, recalled- Has heard what Dowling has sworn; on his oath, it is not true that he said, if there was a bigger man than William Rochfort, he would identify him, as he could not say such a thing, he having given the size, marks and tokens of the man who fired the shot, to Mr. Wright; what Dowling said about him is totally false" never remebers speaking to Mr. Dowling, and saying he had any doubts as to the identity of John Rochfort.

Edward Dowling- Was looking for signatures to a petition, and saw Singleton drinking in a public house, Kehoe the bailiff, when he told him it was a shame for him to keep Wm. Rochfort in jail!

John Carpenter examined by Mr. Walker- Lives in Carlow; keeps a boarding house; Singleton boarded with him about five weeks; recollects where Mr. Gregory was murdered; keeps horses and carriages for hire; went with Mrs. Gregory and two Miss Hovendon's to where Mr. Gregory lay; Mr. Marshall, Miss Hovendon and witness returned in the tax-cart, on their return they met Singleton, who asked to get into the tax-cart, Mr. Marshall said, "No! go back to Mr. Stapleton's and try if you can identify the prisoners, as there is one already identified by Mr. Gregory; Singleton went to Mr. Stapleton's; had a conversation with Singleton after the inquest.

To Court- Dowling was not present at our conversation.

To Counsel- Singleton said he did not see any of the party, until the blunderbuss came close to his nose and shot Mr. Gregory; witness asked Singleton how he could know Rochfort was one of the party who shot Mr. Gregory; Singleton said Rochfort was the only man he could know; he told witness subsequently he saw in Mr. Coffee's gate-way, in Carlow, the man who shot Mr. Gregory.

Cross-examined by Mr. Tickle- Took no note in writing; did not mention the conversation which took place between Marshall and Singleton; until after the Inquest; shook hands with Singleton today; he asked him what brought him here; did not know what he came here for; if he was asked to give Singleton a character, he would give him a good one.

Warren Fitzgerald corroborated the evidence of the last two witnesses, as to the expressions made use of by Singleton; and further that he said to witness, that he would swear when he came here, that a doubt lay on his mind that John Rochfort was at the murder; Singleton said if he could get the money that was due to him from Mrs. Gregory, he would not prosecute Rochfort; saw Dowling and Singleton holding long conversation at Carpenter's.

Singleton was called up to confront this witness as he did Dowling, when he swore that several of the expressions used by Fitzgerald were false!

Thomas Holberry, examined by Mr. Kelly- Is the clerk of the coal works under Mr. Edge, in which the prisoner at the bar was employed; knew him about four months; he was one of the most regular men in the colliery.

The evidence being close, Baron Smith recapitulated and observed upon it. The offence was murder; an atrocious and daring assassination, deliberately perpetuated in the open day; but it was not the less question whether the man on trial was the perpetrator. The enormity of the offence was no evidence to identify the prisoner. The evidence against him consisted partly of the the dying declarations of the deceased. These seemed admissible; because Doctor Carter had sworn that he had considered his case to be quite hopeless, that he apprised them of this; and that he seemed himself aware of it already. No evidence was admissible in a Court of Justice, unless delivered upon oath, or under sanctions equivalent to the sacred obligations of an oath. These sanctions the law considered to be supplied by the awful situation of a man standing on the brink of eternity, and aware of his position; on whom virtually this life and its concerns were closed; whose thoughts were wholly fixed on that which was to come; and whose sentiments were suited to so solemn a cast of thought. There were some demonstrations of this state of mind, which he wished had been afforded to the Court and, Jury here. He wished that he had felt, and been encouraged by his physician and his friends to feel a wish for the spiritual aid of a clergyman at such a moment; and celebration of the most sacred rite of our religion. This unfortunately was not the case. As to his state of mind, it very sufficiently appears that he was in full possession of his intellectual powers. But his dying declaration could not stand upon higher ground than would his testimony on oath, upon the table, if the charge were of a different kind, and he a living man, coming forward to support. Now what did he declare in his last moments to the Magistrates? That he knew the persons of all the six or seven assailants, and the name of one; and that the deadly weapon was a blunderbuss or short gun. Now compare this with the narrative of the other prosecutor, (Singleton) of the whole of the brief occurrence; and say whether it was possible for a cautious person to swear positively to all which Gregory declared, or whether the rash opinions, which he formed, ought to be adopted as certain and unerring- declared too, by a person not exposed to cross-examination. Doctor Carter too, declared that the shot must have been from behind him, and entered at the back. He would now proceed to the evidence of Singleton. His opportunities of observing the man whom he supposes the prisoner to be, were but two in number. The first lasted for not more than a minute; the second for not so much. When he made the first, as the man was crossing the small drain, he suspected no danger. He was certainly, therefore, the more self-possessed and the less alarmed. But for this very reason, let us ask ourselves, what was there to attract his attention to this man, so as to enable him to swear positively to one he had never seen before? Then what was his second opportunity? As he lay terrified on the ground, afraid to raise his head, a man ran by him, of whose side face he had a glimpse as he passed him, and afterwards of his back and dress, as he proceeded,- with such short and slender and imperfect opportunities might he not be mistaken? And was not this less likely, than that six or seven witnesses for the prisoner, including at least some respectable persons, should be one and all forsworn, without any apparent interest, or inducement to commit perjury? But again, see what wavering in the opinions of Singleton, or what inconsistency and contradiction in the expressions of his opinion, with regard William Rochfort, appear upon the evidence of Dowling, who appeared to me to give his testimony, as if he was not deficient either in intelligence or in fairness; and who had no interest in falsifying, that I can well imagine. But in fact, in this part his evidence, he is corroborated by Singleton himself, who admits the fact, but gives of it an explanation, which, perhaps, you may not consider to be satisfactory or perfect. Of course I am alluding to what occurred during the inquest at the lock-up house. Dowling, it is true, goes beyond what Singleton, upon his recollection, admits to have occurred. But Singleton himself admits enough. And as to what Dowling has said, beyond such admission, he refers fearlessly to respectable persons who were present and are in Court, and who, if his account were substantially false, would have come forward to contradict it. Singleton may have innocently forgotten part of what did pass; but if Dowling has invented what did not pass, he is perjured, with no obvious temptation to be so. He also represents Singleton to have conveyed at one time some doubt as to the prisoner; as if on reflection he questioned the sufficiency of the grounds on which he had been feeling certain. It certainly does appear that he had the aid of knowing before he swore against him, that he had already been identified by Mr. Gregory. What I do not think, (continued the Baron.) I will not say- I do not think that Singleton is forsworn; but I do think he has been rash and wavering, irregular, slovenly, and more or less inconsistent; and I should be slow to rest implicitly on his opinion, as that of a cautions and steady man. Then observe the testimony of Dowling, Carpenter, and Fitzgerald. Unless they be perjured, how can Singleton have been other than a variable and unsteady man?- Observe the testimony of John Mulhall, Thomas Kennedy, and Patrick Brennan, none of them, O think, unsatisfactory, and the last eminently the reverse. Yet unless they all be perjured, the prisoner cannot be guilty. But his innocence imputes nothing worse than error to Singleton or Gregory.- A good character, upon a knowledge, however of short duration, was given to him by a witness of the name of Holbery. The Baron concluded by reminding the jury that every reasonable doubt of a prisoner's guilt, would be warrant an acquittal.

The above case occupied the Court from an early hour till about eleven o'clock at night. The court was crowded during the trial. The prisoner was several times observed apparently in fervent prayer.

WEDNESDAY-Sixth Day

About 20 minutes of 3 o'clock the jury in Rochfort's case, who were in deliberation since the previous evening, were called over, and on being asked did they agree, replied in the negative, and said there was no chance of it. Mr. Nixon, a juror, swore, that he could not bear further confinement. Doctor Pilsworth swore he did not think further confinement would endanger Mr. Nixon's life; but that the pain would distract his attention, and that an abscess might form. His Lordship here observed- if counsel for the Crown or prisoner object, I will hear them. The jury was then discharged.