Macdermots of Ballycloran — Thady's Trial is Commenced Part 2

This witness was not cross-examined.

Biddy was next called, and took her seat in the chair with much trepidation; but her usual womanly volubility soon returned to her, and she gave her evidence fluently enough.

She stated that her mistress had confided to her her intention of eloping with Ussher on the morning of the evening on which he had been killed; that in obedience to her mistress's commands, she had walked down the road towards Mohill, and had met Ussher in a gig, and had put a parcel for her mistress into it; that when she returned to the house, she believed her master--that was the prisoner--was in the house, in her mistress's sitting-room; that shortly after her return she saw him come into the hall; that he then told her to go in to his sister, and that Captain Ussher was dead.

She did not know what became of him after that, and that she had not seen him from that moment till the present one.

Mr. O'Laugher then asked her, whether she had told any one of her mistress's intention of eloping with Ussher, and she replied that she had not--that she had never opened her lips on the subject to any one before she heard the prisoner say that Captain Ussher was dead.

She also stated that it was her young master's habit to go out to the stables every night.

She also was then allowed to go down, and Frederick Brown was called.

He proved that Ussher had revealed to him his plan of running off with Feemy, and he stated, that not thinking much about it, he had told three or four friends of the circumstance, and that he could not tell whether or not it might in that manner have got round to the ears of the prisoner.

Mr. O'Laugher in his cross-examination bothered this young gentleman considerably, but as neither the questions nor the answers are material to the story, it would be useless to repeat them.

The next witness was Pat Brady, and as the verdict to which the jury came, depended in a great degree on his evidence, it will be given as nearly as possible in detail.

Having given his name, he stated that at the time of Ussher's death he was in the employment of the prisoner; that he had been his confidential servant, and was intimate with all his habits; that on the night when the deceased was killed, at some time, he supposed, about half-past nine o'clock, his master had entered the kitchen at Ballycloran, and had desired him, Brady, to follow him out into the avenue; that his master, when in the avenue, had told him that he had killed Captain Ussher.

By this time the counsel had ceased asking questions, and as the witness was telling his own story, we will leave it in his words.

"I thought it war poking his fun at me, yer honours--for I knowed the Captain hadn't been at Ballycloran that night, and that the masther had been ating his dinner at home, so I didn't be taking much notice of what he war saying, till we war mostly half down the avenue, when Mr. Thady told me the body war there.

Well, yer honours--what with the night, and what wid the trees it was a'most too dark to see; but I felt the man's body with my foot, and then I know'd it war thrue enough what the masther was afther saying.

I axed no questions thin, for I knew there'd been ill blood betwixt them, and when I comed to remember myself, I wasn't that much surprised.

But Mr. Thady axed me what we'd be doing wid the body, and I can't exactly take upon myself to say what I answered; but, at last, he said as how we would take it down to Mrs. Mehan's as keeps the shebeen shop beyond Ballycloran.

He then told me something about Miss Feemy and the Captain--as how he was carrying her off by force like, and that war why he'd stretched him.

Well, yer honours, at the bottom of the avenue, at the gate like,--though for the matter of that, there ain't no gate there,--we discovered the Brown Hall gig, and Mr. Fred's crop-tailed bay pony horse standing in the middle of the road--and the masther bid me take the body away to the police at Carrick, saying he would be off at oncet to the mountains in Aughacashel.

Well, yer honours, this I did--I left the Captain's body with the police--I took the gig to Brown Hall--and I brought home Miss Feemy's bundle as had been left there in the gig, when the Captain came out into the avenue--and that's the long and the short of what I knows about it, yer honours--at laste, all I knows about the murder."

"The prisoner then owned to you," continued Mr. Allewinde, "that it was he who killed Captain Ussher?"

"Shure he made no bones about it all--but told me straight out that he'd killed him in the avenue."

"Did he say why he had done so?"

"Faix I don't remember his saying thin why he'd done it--and I didn't think to ask him.

He was in a flurry like, as war nathural, and he and I carrying the dead man that'd been hearty only a few minutes afore!

But shure, yer honour knows the thing had been talked over."

"What thing had been talked over?"

"Why, the Captain's death."

"You mean to say by that, that arrangements had been made by certain persons to kill Captain Ussher?"

"I don't know about arrangements; but there war boys through the counthry determined to have a fling at him."

"Now I am going to ask you a question particularly affecting the prisoner, and one to which you must give me a direct answer.

Have you ever been in the prisoner's company, when he and others have expressed their determination to murder Captain Ussher?"

"Faix, I don't know about dethermination and murder, but I've heard him threatened."

"Have you heard him threatened with murder?"

"I've heard the boys say that he would be undher the sod that day six months."

"Have you heard Captain Ussher threatened with death in the prisoner's presence?"

"I don't know that they ever said death or murder; they don't spake out that way; av they war going to hole a chap, it's giving him his _quiatis_ or his _gruel_ they'd be talking about."

"Well, now, on your oath, have you ever, in the prisoner's presence, heard such language used respecting Captain Ussher as made you think that he was to be killed?"

"Didn't I tell yer honour I thought all along how he'd be killed."

"Were you ever at Mrs. Mulready's in Mohill?"

"I war."

"Did you ever hear Captain Ussher's name mentioned there?"

"I did."

"Now tell the jury as nearly as you can what was said respecting him there."

"Why a lot of boys swore together over a noggin or two of sperrits, to put him undher the sod--that's all; but shure, yer honour, Mr. Thady, that's him there," and he pointed to the dock, "was niver at Mother Mulready's." "Well, but when the boys swore to put the Captain under the sod was the prisoner's name mentioned?"

"Oh, it war ofthen."

"And what was said about him?"

"Why, yer honour it was this way--and I'll tell you all I know about it off hand--and thin you'll not be throubling yer honour's self wid all these questions.

The boys war mostly tenants to Mr. Thady here--and they did be saying that av so--av Mr. Thady would jine them in putting down the peelers and the Captain--they'd undhertake Mr. Keegan'd never put a second foot on the lands of Ballycloran; and they war the more hot about this, as they knew Mr. Thady war agin the Captain about his sisther, for he thought thim two were too thick like; and he used to be saying as how Ussher war playing his thricks with Miss Feemy.

Well, along of this--and knowing as how the masther were agin Mr. Keegan too, they thought he'd jine in; and to bring him round, they swore niver to pay the rint afore he did.

Well, yer honour, I was one night at the Widdy's, that's Mother Mulready's, for I'd gone there knowing as how the tenants 'd be in it, and I war noticing them to be up with the masther on Friday next about the rint.

Afther I'd been telling 'em all to be up at Ballycloran, they got swearing that divil a foot they'd stir to the place, or divil a penny they'd pay any more, because Mr. Thady here war so thick with the Captain.

This war jist afther the row up to Loch Sheen, when three boys war locked up about some squall--and this made the rest more bitter agin the Captain.

Well, when they got swearing this way, I axed 'em, why not go to the masther like a man, and tell him what they thought.

Wid that they agreed to come up to Mary's wedding--that's Mary McGovery, yer honour, as is my sisther, and who war to be married the Thursday; and so they parted, and a lot on 'em swore that blessed night that the Captain should be under the sod that day six months.

Well, yer honour, the next morning Mr. Keegan called down to Ballycloran about law business, and somehow there war words atwixt him and Mr. Thady, and from that they got to blows, and I b'lieve somehow Mr. Keegan got the best of it, and Mr. Thady was a little hurted, and this made him bittherer nor iver."

"But that did not make him bitterer against Captain Ussher, did it?"

asked a juror.

"Faix thin, I think it did, yer honour," answered Pat.

"It seemed to make him bitther altogether agin everybody; when I war talking to him aftherwards about coming down to the wedding, he seemed to be trating all the world alike.

But the Captain and Mr. Keegan especial.

Well, when the supper war over, and the boys were begun dancing, Mr. Thady come down and immediately comed into the inside room, where the men war sitting dhrinking, and I war wid them: thin one of the men, a tinent to Mr. Thady, up and tould the masther all as I've tould yer honours, of what took place at the Widdy's in Mohill, and how av Mr. Thady would jine them to rid the counthry of the Captain, they'd stand to him, and wouldn't let Mr. Keegan on the lands of Ballycloran, right or wrong.

Wid that there war a dale of shilly-shallying--but at last the masther said as how he would jine the boys in ridding the counthry of the Captain, and he thin agreed to come down to the Widdy's the next night, or that afther, to get the secret signs and the pass-words, and to take the oaths they war to swear him to.

Wid that he tuk an oath thin niver to tell nothin' of what had passed that night.

After that, I don't remember rightly how it war, but he got up to look for Miss Feemy, and she war out walking in the road wid the Captain.

Well, Mr. Thady went down the road afther thim--and there war a ruction in the road betwixt thim two; but as I warn't there I can't say exactly what was said one side or the other.

By the time they come agin to Mrs. Mehan's door, Father John, that's Father Magrath, you know, war there, and made the pace betwixt 'em; and that's all I can tell yer honours about it av I war to sit here till doomsday."

"You said just now," said Mr. Allewinde, "that the prisoner agreed to join the men assembled at Mrs. Mehan's in ridding the country of Captain Ussher; now what was meant by ridding the country of him?"

"Why isn't it ridding the counthry of him?

yer honour knows what that means as well as ere a boy in the barony."

"Perhaps I do; but you must tell the jury what you mane by it."

"Is it I?

I didn't mane nothin' at all: it warn't I as said it--or as war ever a going to do it."

"What did you suppose was the meaning of those who did make use of the phrase?"

"I 'sposed the boys did mane to get rid of the Captain out of the counthry; jist that, yer honour."

"But how did you suppose they were to get rid of him?"

"Oh, yer honour, I niver heard the particklars; I niver knew nothin' of the plan.

I warn't one of them, you know."

"But the prisoner agreed to join them in any plan, or in some plan for ridding the country of Captain Ussher?"

"He did, yer honour; shure I said that before."

"Now, you said some time ago, that when you first discovered that Captain Ussher had been killed by the prisoner, and that when you came to remember yourself, you weren't much surprised.

Now, thank God!

it is, at any rate in this county, a very uncommon thing to find that one man has killed another.

Can you tell the jury why you were not surprised at such an event as that?"

"Becase I knowed there war ill-blood betwixt the two."

"But men do not kill one another whenever they quarrel, do they?"

"Faix, they do sometimes."

"Did you ever, of your own knowledge, know a man before who killed another?"

"Oh dear!

yes; shure I did."

"Well, tell us an instance."

"Why there war ould Paddy Rafferty, who war in the Cavan Militia in the Rabellion--av he didn't kill scores of the French at Ballinamuck, he's the biggest liar I ever heard; but he's dead now, yer honour."

"Supposing that the death of Captain Ussher had happened a fortnight before--that the prisoner had killed him a fortnight before the day on which he did kill him, would you not have been surprised then?"

"Why I don't know that a fortnight makes much difference."

"Answer my question.

In such a case as that, would you not have felt more surprise than you did when the affair did occur?"

"Why, yer honour, I can't answer that--becase, you see, it didn't happen then, and I couldn't exactly be saying what my feelings might be."

"At any rate, you were not surprised?"

"Oh yes, I war surprised; in course it war a surprise to me when I kicked the dead body; but when I come to think over all about the Captain, I warn't that much surprised."

"After what had taken place at Mrs. Mehan's, you did not expect Captain Ussher would be very long lived?"

"Faix, he lived longer than I expected--seeing the way he war going on through the counthry."

"Do you remember telling me some time ago, speaking of Captain Ussher's death, that the thing had been talked over?"

"I b'lieve I said as much."

"What did you mean by that?"

"Why just that the job had been talked about."

"What job?"

"Why this job."

"What job?

Tell the jury what job."

"Faix, they all know well enough by this time," and the witness looked up to the jury, "--or else they oughtn't to be there, any way."

"Tell them what job you mean--never mind what they know."

"'Deed thin, you're bothering me so entirely with yer jobs, I don't rightly know myself which I'm maning."

"Think a little then, for you must tell them; you said the job had been talked over; what was it that had been talked over?"

The witness gave a stolid look at the counsel, but answered nothing.

"Come," continued Mr. Allewinde, "what was the job that had been talked over?"

"Bad manners to the likes of me; but I war niver cute, and now I'm bothered intirely."

"You mean to tell the jury then that you don't know what you meant when you said the thing had been talked over; do you?"

"Why, I s'pose it was this thing about Captain Ussher.

Weren't we talking of that then?"

"That's for you to say.

Was it Captain Ussher's death that had been talked over?"

"Witness, don't answer that question," said Mr. O'Malley.

"I'm sure my learned friend will not press it; it's very seldom he makes such a slip as that."

Mr. Allewinde had asked a leading, and therefore an unallowable question.

"Why the witness had just said that he supposed it was this thing about Captain Ussher," said Mr. Allewinde.

"I'll say no more about it," continued Mr. O'Malley, "feeling perfectly certain that you will not press the question."

"Well," said Mr. Allewinde to the witness, "tell the jury at once what was the thing that had been talked over."

"Why, yer honour knows well enough.

Shure weren't you saying it yourself, only the gentleman here wouldn't let you."

"Well, now do you say it."

"Say what?"

"Say what was the thing that had been talked over."

"Talked over when, yer honour?"

"You told the jury some time since that the prisoner owned to you in the avenue that he had killed Captain Ussher, did you not?"

"Faix, I did--and it was thrue for me--he made no bones about it at all."

"And you then added that the thing had been talked over; what thing was it that had been talked over?"

"Ah, that's what you're wanting, is it?

'Deed thin I'm axing yer pardon for keeping yer honours all this time in suspinse.

Faix thin, Captain Ussher war the thing what war talked over; and divil a lie in it, for he war talked over ofthen enough."

"Captain Ussher had been talked over in such a manner as to prevent your feeling much surprise, when you found that the prisoner had killed him, isn't that it?"

"Jist so--faix, I'd have no difficulty in discoursing wid yer honour, av the other gentleman wouldn't put in his say."

"You'll find by and by he'll have a great deal more to say."

"In course; and no objection on arth on my part so long as it's one at a time."

"Now I think I have only two more questions to ask you, if you will give me direct answers to them."

"Twenty, av you plaze, yer honour."

"You have said that the tenants of the prisoner had sworn together to put Captain Ussher under the sod, and also that the prisoner had agreed to join the tenants in ridding the country of him; was the former phrase, that of putting the Captain under the sod, used in the prisoner's presence on the evening of the wedding?"

"There war a lot of thim phrases used--ridding the counthry--sodding him--and all thim sort of disagreeable sayings; but I can't swear to any one exactly at Mrs. Mehan's--thim's the sort of words."

"Very well.

Now I think you told us that when the prisoner desired you to take the dead body to the police at Carrick, he told you he was going to some place: where did he say he was going to?"

"To Aughacashel."

"Where's Aughacashel?"

"It's a mountain behind Drumshambo."

"And did he tell you why he was going to Aughacashel?"

"That he mightn't be tuk, I s'pose."

"I don't want your supposition.

Did the prisoner tell you why he was going to Aughacashel?"

"There war some of the tinants there, I b'lieve, and he thought he'd be safe may be."

"Did the prisoner tell you that he was going to Aughacashel because he thought he'd be safe there?"

"I'll tell you how it war thin.

We were jist talking together about what he'd betther be doing, which was nathural, and he with the dead body there, he'd been jist afther killing.

Wid that, says he, 'Pat,' says he, 'where's the stills mostly at work now?'

'Faith,' says I, 'I don't exactly be knowing;' for, yer honour, I niver turned a penny that way myself--'but,' says I, 'sich a one'll tell you,' and I mintioned one of the tinants; 'and where's he?'

said the masther;

'why I heard tell,' says I, 'that he's in Aughacashel, but av you'll go down to Drumleesh, you'll find out,' and wid that he went down the road to Drumleesh, and I druv the body off to Carrick."

"That'll do," said Mr. Allewinde.

"I've done with this witness, my lord."

CHAPTER XXX.