Ulster Origins

Northern Constitution – Saturday 22 April 1882 

John Herald, Mary Ann Herald, James Herald, Peggy Herald and Thomas Herald were indicted for having on the 29th July 1881, at Clagan, forcibly rescued a dresser, the goods of one John Herald.  

The prisoners were also indicted for assaulting Neal Curry, Hugh Toye and John Kennedy.  

The following jury tried the case:- Messrs. Robert Dysart, James G. Fyvie, Patrick Gillan, William Kirkpatrick, Cochrane Hutchinson, Thomas Criag, William Crawford, K.H. Stevenson, James McGowan, Allen McIlfatrick, Thomas McKeown, and James McLaughlin.  

Messrs. Reid and MacLaughlin were for the prosecution, and Mr. Macauly was for the prisoners.  

Neill Curry, bailiff, stated that on the day in question he had gone with Hugh Toy, the plaintiff in the decree, and John Kennedy, to seize the goods of John Herald. He had attempted to make the seizure, but was prevented by the prisoners. He was scalded with water and they set upon him with a pair of tongs. (laughter)  

John Herald struck one of his assistants with a crook (laughter)  

Cross-examined by Mr, Macaulay – You are like the other bailiffs, acquainted with the criminal side of the Court! (laughter) No.  

Were you ever before the Garvagh Bench? Yes; but the offense was no great thing.  

Are you fond of the bottle? (Laughter) Many a one is.  

But you are? A little.  

I thought so. What hour did you make this seizure? In the morning. (Here Mr. Macaulay examined the witness to show that the domestics were all in their night dresses at the time the bailiff made the raid.) Hugh Toy stated that he had also been scalded by hot water from the teapot, and Mary Ann Herald said she would allow no seizure to be made there. Her husband struck witness with the crook. James also struck witness with something like a stick or iron. Peggy struck witness with a stick, and witness and his associates were not able to bring away the articles. Mary Anne Herald knocked down witness with a pair of tongs.  

Cross-examined by Mr. Macauley – You didn’t do anything? No. They were living in a house of mine. I had disputes with them. I knocked at the door and they would not let me in. (Here Mr. Macaulay read a summons issued by Constable McColgan against witness for breaking the windows with stones for which he was fined by the Garvagh magistrates £2) I saved my life by carrying a spade.  

Did you dig into Mrs. Herald’s ribs? (laughter) No  

What broke her ribs? I cannot tell.  

You say she was partly dressed? She wore a petticoat.  

John Kennedy said he found some of the family up. Peggy opened the door. Curry laid the decree on the dresser. Mary Anne (the wife) lifted the teapot and threw the contents on me and the previous witness’s neck. I was yellow for a fortnight after. (laughter)  

Mary Anne hit me with a spade. My uncle took the spade from her. She also hit my mother with the tongs. John hit my uncle with the crook. The boys choked me. Curry and I were unable to make the seizure.  

Cross-examined by Mr. Macaulay – When did you become a bailiff? You know I am no bailiff! Your Uncle is a bailiff? I assisted him.  

Didn’t you burst open the door? No.  

Had you a knife in your hand? No; but I had my good clothes on me (laughter) Toy did not do anything with the spade. I didn’t say that Peggy Herald hit the witness on the head.  

(Mr. Macauley here quoted witness’s information, which stated “Peggy Herald stuck me on the head” )  

Mr. Macaulay, addressing the jury, commented on the fact that John Toye had been fined at Garvagh £2 for breaking the windows and threatening to burn down John Herald’s house. The door, he contended, was broken open by the prosecutors, and if he proved that in evidence he submitted, subject to His Worship’s ruling, that they had acted illegally. The inmates were almost entirely in a state of nudity, and was it a wonder they threw water upon the intruders! They had behaved in a violent and unbecoming manner, more like Zulus or Bashi-Bazouks than natives of the County Derry.  

Ellen Carroll, living next door to the prisoner was called for the defence. She stated that Kennedy had a knife in his hand. Her mother wore a petticoat and it was tramped off her. Tommy was pitched into the fire. Mother was in bed for three weeks after the assault. She was cut on the side of the head. The steeple and bar were torn off the door.  

Recorder – Did you see them taken off? I did not.  

Thomas Carroll stated that he had left for Scotland on the morning of the occurrence. He corroborated in a great degree the previous witness for the defence.  

Mr. Reid, in addressing the jury, said the case they had to consider was not merely whether the prisoners were guilty of illegal rescue, but whether the legitimate seizure of goods under civil bill decree in the County Londonderry should obtain.  

The recorder then summed up.  

Mr. Macaulay asked his worship to leave to the jury the question of the breaking open the door. If this were done the seizure would be illegal.  

The recorder said there was no evidence to show that the bailiff and his companions had broken open the door.  

The jury found the prisoners guilty, but recommended the three youngest members of the family to mercy.  

The recorder said he would discharge the latter on their giving security for their future good behaviour for the next twelve months. John Herald was sent to gaol for one month, and Mary Anne for two months, with hard labour.