The Sun.
London, England, 1835-01-06 00:00:00

TITHE AFFRAY.

(Abridged from the Dublin Morning Register.)
INQUEST AT RATHCORMAC.
THE DEFENCE.

At twelve o'clock the Court again met.
Captain Bagley said that he understood the case had clesej:
and before the defence was entered upon, he begged to be
lowed to address a few words to the Court.
The Court having said that they would willingly hear CM)
Bagley, he proceeded—
Mr. Coroners and Gentleman of the Jury—l have a v_e,.(l,
few words to say, and in those few words I beg to be °le
tinctly understood, that I do not, in the slightest deg_ei;
wish to shift myself from any responsibility justly attributaiii,
to me on the melancholy occurrences of Thursday. Gent'„,e
men, an impression has gone abroad on the minds of the Pe'llt
plc, that I acted singly. I distinctly disavow that I went,°,,s,
thus, or that I was not acting in concert with my brother olet,
gistrates. In saying this, I do not, in the slightest degrot
attribute anything to my brother Magistrates that was lit
what Magistrates ought to pursue on such an occasion,
only mean to say that, had I known that I was to have ite'l
individually, I would not have done it. I conceived that
was acting in concert with my brother Magistrates.
At the Request of Captain Bagley, Mr. Foote and sereet,
the Jurors proceeded to the hospital, and put the follooll
questions to Shinwick :—What were the words made use
by you to Dr. O'Neill, respecting the conduct of CaPt,,,
Bagley on Thursday 1 The answer was that, he did not
collect what he said about Captain Bagley to Dr. O'Neill;
but he remembered that Captain Bagley, after reading tai
Riot Act, told the people to be quiet, and that his getter-
conduct was kind.
Mr. Foote and the Jurors having returned, the inquiry
proceeded with.
The first witness called was Captain Theobald PepPog9
C. C. P., examined by Mr. Wood.—Was at Bartlemy Cr
qt
on Thursday 18th ; Mr. Ryder, Captain Bagley, and a3O
six dragoons, went with him ; on approaching Bartlemy,
an unusual concourse of people collected on the right and leo
of the village, and in the village ; saw an unusual kind of stied
with the people, like wattles, not walking sticks ; almost ore;',
man without village had a stick ; those in the village had ne"i
did not remark sticks in the hands of the people when pessi„jiat
through ; saw no women with the men ; there were a
number of mounted men in the village ; up to this
people said nothing; proceeded from Bartlemy through the
village and down the hill; on going through the village t.t,
people collected in very great numbers, and on leaving the 114,
lage there was a shout, and the people made for the fields as no
ness and his small party went on ; the greater part of the peel/0
were on his right in the field ; there was then great indicatte
of riot and disorder • the people continued to follow the militar,
,
parallel with the soldiers, shouting and hooting ; " no tithes I
was the general cry among them; heard one voice Of;
" Ryder should be disappointed, he should get no tithes ;0
this continued while witness and others were moving fr° e
Bartlemy Cross to where they met the infantry at the bohreteo
—heard, in more instances than one, " No tithes, no tith a
should be paid ;" when they joined the infantry the erticie,
greatly increased ; witness, on two or three occasions, !„t,
quested the people to keep off from the military, and be (Pilo
saying, to some persons whose faces he knew, " Boys, ta„j
away those excited people, and be quiet whatever is done, e'io
don't put yourselves in power of the law ;" heard CaPta„
Bagley address the people in language to the same effect, eb.";
treating them to keep away from the military ; the people
no means dispersed on that; it appearing necessary to re':d
the Riot Act, Captain Collis, who was with the infantry, e?„
to Captain Bagley, " do you read the Riot Act, I am an 11;
terested party;" Captain Bagley then said, " my good retie
be silent, I am going to read the Riot Act," putting I.IP
hand to show that he was going to do so ; there was theetif
cry from a person in the crowd, " we don't want any of rip/
by-laws here ;" silence was then obtained, and Capt. 133 g bs
read the Riot Act, and after doing so requested them to
,ot
peaceable and silent, and took out his watch ; after the gio.,
Act was read, the military remained stationary on the Talle4.
road, about half an hour before they proceeded to the hagg to
soon after there was a general cry of " to the haggard, boys,d;
the haggard," and then there was a rush towards the haggsrhe
heard one man say, " to the haggard, boys, every man to t
haggard, we have but one life to lose, we'll'defend the haggte
or lose it ;" when the rush was made to the haggard, °lie
people remained on the ditches, near the military ; and on be
military proceeding towards the haggard, some few remeill,bs
in their (the soldiers') rear, and others followed along 'de
ditches ; the military went before witness ;he followed ; $
on to M'Auliffe's house, where he halted; he there heat"d'
clashing of sticks and bayonets at the passage into the Yar„ss
and a call for the Magistrate. A dragoon called to witri:,)
and said, " the fellows are taking up stones ;" he (wittle-e
then looked towards the ditch, and saw plainly a man wituet
stone in his hand; saw some few of the soldiers try to gd,
from the bohreen into the haggard, but they did not suceee,e;
the people inside interposed with their sticks, and said t"of
would not let them in • both heard and saw the collision a
sticks and bayonets a little to his left in the bohreen ; e
firing at the lower end of the lane, and to his (witness's) t
Od
saw firing in the haggard from the bohreen ; witness stie
while the firing continued, in front of M'Auliffe's house) 'e
horse's face towards the gable end of the house ; did not se
Captain Ble when the firing commened.
By Mr. Foote —Saw Captain Collis inc the field where the":
was a small party of military flanking the lane ; saW fir,
Ryder at one time ride back through the lane before the
~;
ing commenced. Did not see him afterwards till the ifl"lie
ceased. Saw Mr. Ryder meet Captain Bagley in the ;‘,Ol
somewhere opposite to the haggard and coming back itrtvbe
where the car was placed. Saw Capt. Collis ride up, rouesltit,
milk house, near the ditch, somewhat about this time. 'oocl
ness was distant about two perches from Captain Bagley
Mr. Ryder. Heard Mr. Ryder say to him, " What arensi-
to do—we are so resisted? at that moment there was eficoa
derable opposition to the soldiery, who had their guns 130-
as if trying to force the people back. has
By Mr. Jones—At the time the Riot Act was read there eo'
not less three than hundred people present, men—no we,'" °•
The shouting described was a general shouting. They
dished their sticks at that time—the young men partial'
ad,
did so. It was about an hour and ten minutes from the red th
e
load of the Riot Act to the firing. Heard the order prime tbe
load given by the commanding officer. Does not knevi,ool
officer who gave the order. The firing continued on or au
two minutes—judging by seconds.
By Coroner O'BRIEN.—I have been in the army. I aril
opinion that th —mile might h- 1)4 - char sd wit" le

to people might .ave peen charger
bayonet, without firing, but it would be difficult, the pe%al
being numerous and infuriated. It is very difficult to
oint
whether they might have forced the people at the AP nor
of the bayonet. I didn't see the soldiers in the beggar'
did I see a stick or stone thrown during the day.
A warm discussion ensued between Captain Bagley el? or
Wood, as to the opinion of the witness with respect to h's
sidering who the responsible magistrate was upon the ilea
sion. Mr. Wood alleging that the purport of the evitage
went to identify Captain Bagley as being the active
trate, whilst Captain Bagley insisted that the testimony, • st•
to show that there was an equal degree of responsibil,"2dert
taching to each of the three—himself, the Rev. Mr. ,4,00
and Captain Collis—all having equally shared aslnagls'
in the proceedings of the day. diy
The examination of Captain Pepper having closed, pa the
cession arose between the Coroners and Counsel, both 9evi.
prosecution and defence, as to the admission of certlo°.fr
deuce offered to be produced on both sides, which, for the
sent, was negatived. It was then agreed to adjourn the r
ceedings until Friday at ten o'clock.

t
B IR TH
On the 3d inst., at Weare Gifford, She Lady Louise F° rtegot
of a son.
G o°
On the 4th inst., in Dover-street, the lady of Robert
Esq., of a son.
-

DIED. Dog'les°
On the 4th inst., in St. John-street, Adelphi, Alendar
Esq., in his 89th year.

„--
London : Printed and Published by MURDO Yul"Tyll4
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