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!! Connaught Journal; July 29, 1824 "McGowan v. Mitchell" Part 2

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  • Cathy Joynt Labath
    ...continued... THE CONNAUGHT JOURNAL Galway, Thursday, July 29, 1824 Mary Fitzsimmons stated, that three years ago she entered into the service of Mrs.
    Message 1 of 1 , Jan 7, 2005
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      ...continued...

      THE CONNAUGHT JOURNAL
      Galway, Thursday, July 29, 1824


      Mary Fitzsimmons stated, that three years ago she entered into the service
      of Mrs. M'Gowan; she was living in Richmond then; one month after she went
      plaintiff was put into Kilmaniham gaol; during that time she often saw the
      defendant at her mistress's; he was constant visitor in the middle of the day,
      and frequently in the evening; sometimes he staid all night; visits of that kind
      often occurred at that time; Mrs. M'Gowan had only one bedroom; the children
      slept above stairs with their mother; witness saw Mitchell sometimes in the
      morning, in the parlour in his clothes.
      On this witness's cross-examination by Mr. Wallace, she said Mrs. Kirk and
      her husband were also in the habit of calling; Mr. Mitchell and Mrs. M'Gowan
      were in the habit of visiting Mr. M'Gowan in prison; the eldest child might be
      eleven- the other two (boys) eight and five; - none of Mrs. M'Gowan's visitors,
      save defendant, slept in the house; and she did not doubt (she answered to a
      Juror's question) that she and the defendant might have slept at the house
      before her master went to prison.
      Bridget Norton, another servant of the plaintiff, proved, that after he
      came out of goal she had seen defendant take freedom with Mrs. M'Gowan, he would
      take and pull her about, and kiss her; witness often heard Mitchell say he would
      take M'G's live if Mrs. M'Gowan would say the word; he often gave her notes for
      Mrs. M'Gowan, and said, don't tell M'Gowan or you will tell me. Before she was
      servant in the family she saw him come out of the house at five o'clock in the
      morning; witness then lived next door; Mitchell called to witness in November,
      at her mother's, and said he would take Mrs. M'Gowan away, that he did not care
      a button for him; he came to inquire whether M'Gowan and his wife lived together
      since M'G had found it out; he said she swore that he added he came to carry
      Mrs. M'Gowan off, that he had plenty of money and would take Mrs. M'G's children
      and do for them.
      While Counsel and the Court were in discussion about the question, the
      witness swore defendant offered her bribes, not to deceive him and tell M'Gowan.
      Cross-examined by Mr. O'Loughlin - Witness admitted that she then did
      believe the transactions between Mrs. M'Gowan and the defendant, and would go to
      her now as well formerly; M'Gowan, when they lived in Meclenburgh-street, turned
      his wife out; witness afterwards said, she went to her sisters of her own
      accord; it arose form Mrs. M'Gowan's walking with Mr. Mitchell; one timewas sent
      to the Post-office, when the property of Mr. M'Gowan was seized under distress.
      The next witness was named Curran. - He swore he was in the room with Mrs.
      M'Gowan and the defendant; on one occasion defendant took plaintiff's wife on
      his knee- pulled her on his knee.
      Mr. Wallace - How you teeth must have chattered.
      Witness in conclusion added, that on another occasion he took the same
      liberties, pressed her to his bosom, kissed her, and hoped he would live to see
      the day he would have such a lovely creature, and ........ When Mrs. M'Gowan
      lodged on Constitution-hill, defendant and she very often met; at witness's
      recommendation defendant took a lodging from Reilly, Mrs. M'Gowan there passed
      as Mitchell's wife.
      On his cross-examination by Mr. Richards, he swore he was an impartial
      witness and no way interested though he assisted in carrying a brief to a lawyer
      that morning for Mr. M'Gowan; he read some part of the brief from curiosity; he
      read some part of the evidence he himself expected to give; witness asked the
      brief from curiosity; he admitted also he wrote part of these briefs; he wrote
      down part of his own evidence; he had the curiosity to see what other witnesses
      were to prove . Cross-examined further, he said he was not shocked by seeing the
      defendant take Mrs. M'Gowan on his knee; he lives at No. 1 Exchequer-street;
      there are eight or nine rooms in the house; let to none but decent people.
      Mr. Richards - Very decent people, I dare say.
      Witness never let a room in his house by the night or hour, or when he
      lived in Moore-street, where he had eight or nine rooms. Witness denied he was a
      pimp, but did act with defendant in taking a room for carrying on an intercourse
      with the plaintiff's wife - (Great laughter.)- He swore he did not write out the
      plaintiff's case.
      To a question from Mr. Hamilton, K.C. witness said he was married to the
      widow of an officer, who has a pension.
      Edward Reilly said he lived at 22 Purdon-st.; the last witness came to take
      lodgings for two people, to sit in by day; people whom he said was privately
      married. It was Mitchell who came to the house.
      Cross-examined by Mr. Wallace.- After he had done that, he did not think
      Curran an honest, fair man.
      Two letters were read from the defendant here, which caused much laughter.
      Mr. Wallace only commented on the evidence brought forward on behalf of the
      plaintiff.
      After the examination of Mrs. Hornish,
      Mr. Brook replied.
      The learned Judge charged the Jury, who found a verdict for the plaintiff,
      200l. damages and 6l. costs.

      Cathy Joynt Labath
      Ireland Old News
      http://www.IrelandOldNews.com/
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