James MAHADY

   General Notes:

Convicted 1842 for housebreaking; sent to Australia aboard "Kinear Transport"
- arr 23 Oct; Age at initial hearing Feb 1842 given as 34; on Surgeon report
in Aug - 30!
Ht: 5'1& 1/4"; Light brown hair; whiskers; Eyes:Hazel; High broad forehead,
long nose, large mouth;
2nd. Count - Breaking into
habitation???.
Evidence for the Prosecution
Patrick Farrelly -
In June last, witness lived at Currygrane and remembers 29 June.
Witness was at home that night - Shortly after 12 o'clock at night
witness was in bed - His wife was with him - Heard some noise at the outside
door - His wife got up and went to the door - Asked who it was there - They
called to open the door - Witness heard some talk between them at the door and
heard a blow against the door -Witness then got up and went in his shirt to
the door - Another blow was then given - Witness then put a bolt of deal
against the door - His daughter assisting him to place it and witness lay down
upon it to keep it steady - More blows were then given from the outside which
he thinks must have been given with an iron crow bar or sledge - After a long
time and a great deal of blows the door was broke in - Thinks it was three
quarters of an hour from the first attack that it was broke in - bout seven or
eight men came in and immediately attacked witness, beating him and giving him
many blows - Witness held up his hand to protect his head and got one blow on
the arm that made it quite powerless - Witness then got more cuts on his head
- Thinks they were given with a heavy stick - He also got a severe cut on his
foot - His daughter was near him - Two of the party then seized him and
dragged him out of the house and threw him into the gutter outside the house -
Leaving him mother? naked - He craved mercy from them and that they would not
kill so old and weak a man - One of them said "Lay on the old rascal and let
him take that for the boy" - The night was fine and bright and witness saw
the men plainly - Identified the prisoners Hugh Quigley & James Mahady. He
also knew two others who were there but they were not in the Court now - When
witness begged them not to kill him until he got his Clergy one of them said
"I think you are very well paid for the boy"- They made a search for witness's
son and did find him at which time they set up a great shout calling out that
they had found their young chap - several of them beat his son - Thinks there
were thirteen or fourteen men in all - They then threw witness back in the
house and put the door to - And one of them said "Now be a good neighbour and
don't bring us back here again"
Cross - Examination.
The prisoners live about three miles from him - Witness had in the house
his wife,his son and two daughters - The men were in the house about a quarter
of an hour that night - There was no candle in the house - It was outside the
house that he saw and knew the two prisoners and could not know any of them in
the house - The voice that spoke the words to witness was strange to him - It
was not either of the prisoners that said the words - Witness knew Mahady well
before that and Quigley also and had spoken to them before and would have
known their voices.
Bridget Farrelly.
Is daughter of the last witness and lived in the house with him - Remembers
the the night of the attack, in June last - The first noise she heard was the
blows to the door - Witness being in bed at the time - Witness rose up and
went to the door and was lying against it to try and keep the men out - They
broke in the door and then eight or nine men came in and fell to beating her
father - She heard one of the men say "Lay on the old rascal and let him take
that for the boy" - They knocked her father down and witness threw herself
upon him to save him and she got three cuts and a bruise on her arm - Witness
never saw Hugh Quigley but once before that night - One of the men she saw
standing at the door was a tall man - Witness thinks it was the prisoner Hugh
Quigley, but she cannot be sure of him. Witness's brother Patrick Farrelly was
hiding under the bed.
Cross - Examined.
Witness did not go outside the house - Witness saw her father the entire
time they were beating him, inside the house - She did not see her father beat
outside the house and does not know of any injury done to him outside the
house.
Patrick Farrelly (The Younger)
Witness is son of the first witness - He was in bed and asleep when he was
then suddenly awakened by a great noise at the outside door - There was also a
stone thrown which broke his window - Witness then got up and hid himself
- Witness then heard the men beating his father and he was crying for mercy
- After beating his father they then went looking for him, found him and
brought him out,two of them holding his head low and beat him - Witness does
know any of them.
Case Closed For The Prosecution.
***********************
Continuation Of Trial Evidence:
Evidence For The Prisoners.
Edward Mahady.
Witness is brother of the prisoner (James Mahady) was living with his
brother in June last - Recollects the the night in question,it was bonfire
night,Monday night - His brother was in bad health at the time - What he
complained of was his heart - He was working the Saturday before, being ??? to
work all along - He slept every night in the same house as witness.
On the Monday night he (the prisoner) was to let blood - Witness saw the
cut on his arm - The bandage had come off and the witness had assisted
prisoner's wife in binding it up - He had gone to the Doctor about threeish -
It was later in the evening when he went to bed - His wife was with him and
witness helped put him to bed,he being in a weak state. It was quite
impossible that he could have gone to Farrelly's house that night or go out
the night at all - Farrelly's house was about three miles distance - It was
Mr. Thomas (our steward) who advised him on the Saturday to get himself bled
- He was so miserable that he did not leave his bed on Tuesday and he was
taken on Tuesday night in his house.
James Norton.
Witness is in the habit of bleeding persons - Witness bled the prisoner
Mahady and thinks it was on the Monday 28th. June that he bled him in the arm
and as he best recollects it might be about 12 o'clock or something after on
that day.
Hugh McFadden (The Governor Of The Gaol) :
Witness recollects the prisoner Mahady Being committed to the Goal on the
30th. June - He appeared very ill so much so that witness put him in Hospital
at once - He was afterwards attended there by Dr. West - It was not from any
wound that he appeared ill but being sickly and he remained in Hospital until
he was bailed as witness believes.
Case For The Traversers Closed.
Evidence For The Prosecution In Reply.
Mike Connolly.
Witness recollects the night of the attack on Farrelly's house - Witness
knows the prisoner Mahady - Witness saw him on the evening of that day -
Witness was then coming from the market at Granard and saw the prisoner a few
perches from him walking by near his own house - Witness saw nothing
particular about him and did not pass any remarks on him.
********************** Case Closed
In summing up the evidence to the Jury their attention was particularly
directed to the manner in which the identification of the prisoners had been
proved, only by the single evidence of the principal witness Patrick
Farrelly(The Elder) - In considering which they would take into consideration
the circumstances in which he was at the time and that they should also take
into consideration evidence given by Edward Mahady (The prisoner's brother)
followed as after by that of Norton (The person who was stated to have bled
the prisoner) and more especially that of the Governor of the Goal as to the
prisoners state of health when he was committed and they were directed if
these circumstances did not lead them to entertain a reasonable and
conscientious doubt with the respect to the guilt of both or either prisoners
they should give them,or the one to whom such doubt existed the benefit of
that doubt by a verdict of an acquittal. The Jury after
some deliberation found both of the prisoners guilty. They were there upon
each sentenced to transportation for a term of fourteen years
Signed: Charles
Burton, Judge.
[National Archives,Ireland Ref.No.CRF 1842 M40]

   Marriage Information:

James married Living