The Sun. — 1845-03-22 (London, England)

MURDER IN FANNET.  Michael Dogherty was indicted for the wilful murder of James Friel, at Tullinadal, on the 27th February last, and pleaded not guilty. John Friel, brother of deceased, examined by Mr. Schoales, Q.C.—The deceased, witness, and their brother Michael, held ground jointly under the Earl of Leitrim. Last year, or some time before, there was a division of farms in that part of the estate, according to which witness and his brothers got thirty perches more or less of the ground held by prisoner's father, who got some in lieu of it. Witness and his brothers cropped those perches last year. Before breakfast, on the 27th of February, witness and his brothers were turning a lea rig beside an old ditch on the acquired ground. Michael had a crowbar—the others spades. The prisoner came down to them with a gun in his hand, and a bayonet tied on its muzzle. He was holding his gun in both hands. Witness was than four or five yards from deceased. Prisoner swore by the five crosses that he would stick or sliver some of them. Michael was nearest to prisoner, and James next. Prisoner made an attempt to stab Michael, but he escaped the blow. He then stabbed James, who cried, " 0, John, I am done !" Witness got hold of him, and, opening his shirt, saw a wound on the left breast, and blood rushing from it. Saw several persons at a distance, and called to them, and laid deceased on the ground, still having him in his arms. He may have lived about twelve minutes, but not more. He and his brothers did or said nothing to provoke prisoner, but tried to keep him off with their spades. Cross-examined by Counsellor Doherty.—They had been neighbours of the Doghertys for 12 or 13 years. The Doghertys had been longest on the land. Mr. Law, the agent, had been making new arrangements and division lines. There were trees, some of them pretty old, on the ditch he has spoken of, and witness and his brothers were going to uproot them. They had a hatchet with them. The trees were ash and sycamore—some, perhaps, twenty years old. The Doghertys never came to them to say that the trees were theirs. They were on the piece of ground which they, the Friels, got, and they got it without any exception. They were all friendly before that. When the prisoner came down, he did not say, " Don't touch the trees till the landlord decides about them." They, the Friels, were working upon the ditch, but not near the trees ; they had taken away three of the trees the day before, at which time he cannot say whether old Dogherty was taken from home. Was not then warned by prisoner against taking the trees. They might be worth a shilling a piece. They intended to take more of them that day. Prisoner never mentioned Mr. Law's name. Witness and his brothers had also got some of Michael Shiel's land. Did not " see prisoner pushed or struck. Never saw marks of violence on his arm, but has heard there were. Is sure that he (witness) did not cause them. Had not heard that old Dogherty was to go that very day to Mr. Law about the trees, but next day heard it. Several other witnesses were examined.  After some time spent in deliberation, the jury returned with a verdict of guilty, to which w,s added a recommendation to mercy. The Judge inquired the ground of their recommendation, and was answered by the foreman that it was the youth of the prisoner ; on which his Lordship shook his head doubtingly, and the prisoner was removed from the bar.  On Saturday the unfortunate culprit was sentenced to be executed. When the Judge had concluded, the prisoner fell on his knees, and with hands uplifted and pressed together, implored that he might be transported for twenty years or be imprisoned for five years. The witnesses against him, he said, could say what they pleased ; but, if wronged by them, he knew "he would not be wronged when he came before the high God of the high heavens." He was then removed.  The Derry Journal says tbere is a strong desire in its locality that the life of Dogherty may be spared, as he showed no premeditation.