Ulster Origins

Coleraine Chronicle – Saturday 22nd April, 1882.  

I came across this newspaper article and initially found it really amusing. “You’ll never believe what happened to my ancestors…” I told friends gleefully, chuckling through various parts of the re-telling. But really, this is not a funny story. It is a story of life being tough. It also tells of the adversity and injustice my ancestors faced. I’ll leave the report here verbatim and give further thoughts in another blog post, to follow.

 John Herald, Mary Ann Herald (husband and wife), James Herald, Peggy Herald, and Thomas Herald, were each and all indicted for that they, on the 29th of July 1881, forcibly and unlawfully did rescue, out of the custody of Neal Curry, a dresser, goods of John Herald, seized under a civil bill decree, obtained at suit of Hugh Toye, Green Gortin, near Kilrea.  

There were other counts in the indictment, charging the prisoners with having assaulted Neal Curry, Hugh Toye, and John Kennedy at the same time and place.  

Mr Reid, S.C.S., appeared for the Crown; Mr Macauley for the defence.

PETTY JURY – the following were sworn in the case – Messrs. Robert Dysart (foreman), James G. Fyvie[?], Robert Gillan, Wm. Kirkpatrick, Cochrane Hutchinson, Thomas Craig, M. Cochrane, K.H. Stevenson, James Magowan [?], Allan McIlfatrick, James McKeown, James McLaughlin.  

Neal Curry, examined by Mr Reid – I am the bailiff in the decree, and I went with it to John Herald. I was accompanied by Hugh Toye and John Kennedy. When I went into the house about half-past five in the morning, I had made the seizure, when the woman, Mary Ann Herald, threw the contents of a teapot round, and it burned myself, and I was struck with a crook by John Herald; and he also struck Toye. 

 There was a lot of young people in the house at the time.  

Cross examined by Mr. Macauley – I have been different times before the Garvagh Bench and fined. I have a failing, which a good many have as well as me.  

The women were not dressed; but the older woman had, I think, more than a chemise on her. I was astonished when water was thrown on us. I could not tell who cut the girl’s head, or injured the old woman. The old man was in his shirt; but one of the boys was naked. (Laughter.)  

Hugh Toye, sworn and examined by Mr Reid – I live in Corkey, in this county. Curry, Kennedy and myself went to execute a degree for £4 16s. The door was on the latch; and when we went into the kitchen all the prisoners were there.  

When Curry made the seizure, Mrs. Herald threw water or tea on us, and she struck John Kennedy and Curry with the tongs.  

I was attended three times by a doctor. James Herald also struck me. I was knocked down by the blow of the tongs. We did not strike any of the party. None of them were in bed. John Herald and his wife were partially dressed.  

Cross examined by Mr Macauley – I did nothing. I was fined at Kilrea for throwing stones at the home of Heralds previously.  

I had a spade on the morning in question; but I cannot tell what broke three of Mrs. Herald’s ribs. She had more on her than a chemise. Peggy had clothes on her. The boys were partially dressed.  

John Kennedy examined by Mr Reid – I am a nephew of Mr Toye, and accompanied my uncle to execute a decree. The door was opened from the inside. Curry laid the decree upon the dresser. As soon as we entered Mary Ann Herald threw scalding water upon us, and she then struck my uncle and myself with a spade and the tongs.  

John Herald struck my uncle with a crook. The daughter (Peggy) struck my uncle with a crook, and the boys choked me. We were unable to bring away any of the goods. The Heralds and I were on good terms.  

Cross-examined by Mr. Macauley – I went in first on this occasion. I did not burst open the door for the bailiff. They were half dressed in the kitchen. I had not a knife in my hand. Toye took the spade with which I had been cut on the head.  

I would not be swearing far wrong if I swore that Peggy Herald struck me. I cannot say that I swore the same in Garvagh as I swore here.  

This was the case for the Crown.  

Mr. Macauley addressed the jury for the defence, remarking that the plaintiff had been fined £2 at suit of the police for smashing the windows in defendants’ house; and that the door was forced by the young man Kennedy, by breaking the bolts and the staples of the door.  

This is a very common device for some person to force the door, that the bailiffs might get in. Under the extraordinary circumstances, which I shall lay before you, I would ask you to come to the conclusion that the seizure was illegal; and also to the fact that when these men behaved in the manner he (Kennedy) did, breaking the woman’s ribs, John Herald was justified in interfering.  

Ellen Carrol, sworn and examined by Mr. Macauley – I live next door to the Herald’s. I was awakened by their screams. I saw John Kennedy with a knife, and Toye was “laying on” my mother with a spade, and said he would have a life. I did not see my father; but I saw Tommy coming out of the fire. James had nothing on him. 

 My mother had her ribs broken, and was attended by Dr. Lane for three weeks during which time I attended.  

The staple was off and the bar was broken. Peggy was bleeding badly from a wound on the side of the head.  

Cross examined by Mr. Reid – I took time to dress before I came down. There is only one room in my father’s, and a loft in which Peggy sleeps.  

To the Recorder – My father came up out of the room, about five minutes after I went in.  

To Mr Reid – I interfered and took the spade from Hugh Toye. It is not usual to bar the doors in our part of the country. John Kennedy struck me with his foot.  

To Mr Macauley – The bar of the door was given by me to my father, and was fastened by a staple.  

This concluded the case, when the Recorder summed up.  

The jury retired, and after a short absence, returned to court with a verdict of guilty.  

The foreman said the jury were unanimous in recommending the younger prisoners to the mercy of the court.  

The Recorder – We will take security in £10 each from two solvent sureties that the children of the other prisoners be of good behaviour for 12 months.  

John Herald would be imprisoned for one month with hard labour, and Mary Ann Herald, but for whose conduct the whole affair might have been arranged, would be sent to gaol for two months, with labour suited to her sex.  

This concluded the Crown business of the Sessions.