The Macdermots of Ballycloran

"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

THE PRISONER'S DEFENCE

Mr. O'Malley then rose, but before he began to cross-examine the witness, he addressed the judge.

"There's a witness in court, my lord, whom I shall have to examine by and by on the defence, and I must request that he may be directed to absent himself during my examination of the witness now in the chair. It is material that he should not hear the answers which this witness may give, I mean Mr. Hyacinth Keegan, my lord, who is sitting beneath me."

Keegan was sitting on the bench immediately under that of the barrister, among the attorneys employed in court. When he heard Mr. O'Malley's request to the judge, he rose up on his one leg, and the judge having ordered him to leave the court, he hobbled out with the assistance of his crutch.

"Your name is Pat Brady, I think," commenced Mr. O'Malley.

Pat did not reply.

"Why don't you answer my question, sir?" said the counsellor angrily.

"Why I towld what my name war afore. Thim gintlemen up there knows it well enough, and yourself knows it; why'd I be saying it agin?"

"Well, my friend, I tell you to begin with, I shall ask you many questions you'll find considerably more difficult to answer than that, and you'd better make up your mind to answer them; for I mean to get an answer to the questions I shall ask, and you'll sit in that chair till you do answer them, unless you're moved from it into gaol."

"Fire away, sir; I'm very well where I am, and I'm thinking I can howld out agin the hunger longer nor yer honer."

"Your name is Pat Brady?"

"It is."

"Whose servant are you?"

"Whose servant?"

"Don't you understand what I say? whose servant are you?"

"Faix thin, I don't call myself a servant at all."

"Who's your master then?"

"Mr. Macdermot here was my masther afore this affair."

"I didn't ask who was your master; who is your master now?"

"Why, Mr. Keegan."

"Mr. Hyacinth Keegan, that's just gone out of court; he's your master, eh?"

"He is."

"And a very good master – isn't he?"

"Betther, maybe, than yer honour'd be, and yet perhaps none of the best."

"Answer my questions, sir; isn't he a good master?"

"Faix, he is so."

"How long have you been in his employment?"

"How long!"

"Yes, how long?"

"Why, I can't jist say how long."

"Have you been a year?"

"No."

"Six months?"

"No."

"Will you swear that you never were in Mr. Keegan's pay before six months ago?"

"I will."

"You never received any money from Mr. Keegan before six months ago?"

"I did not say that."

"Why, if you received his money weren't you in his pay?"

"No; maybe he gave me a Christmas-box or so; he's very good to a poor boy like me in that way, is Mr. Keegan."

"In whose employment were you six months ago?"

"In Mr. Macdermot's; yourself knows that well enough."

"And Mr. Macdermot and Mr. Keegan were great friends at that time; weren't they?"

"Faix they were not; I never seed much frindship betwixt 'em."

"Did you ever see any enmity between them – any quarrelling – or what you very properly call bad blood?"

"Indeed I did then."

"I b'lieve Mr. Macdermot – that's the prisoner – had great trust in you; hadn't he?"

"I believe he had."

"You knew all the affairs about the estate?"

"I b'lieve I did."

"He told you all his troubles – all his money difficulties, didn't he?"

"One way or other, I b'lieve I knew the most on 'em."

"Particularly as to the money due on his father's property, which Keegan had to receive; he used to talk to you confidentially about those things?"

"Well, and av he did?"

"But he did so; didn't he?"

"Faix, but I don't know what you're afther; I b'lieve he towld me all about everything."

"I believe he did indeed; and now I'll tell you what I'm after. Mr. Macdermot, unfortunately believing you to be an honest man, told you all his plans and secrets, which you, in consideration of certain pay, which you call Christmas-boxes, sold to the man whom you knew to be your master's enemy; isn't that the fact now?"

"No, it a'nt."

"Ah, but I say it is the fact; and now do you suppose any jury will believe a word you've said, after having shown yourself guilty of such treachery as that. Do you expect the jury to believe you?"

"'Deed I do – every word; Lord bless you, they knows me."

"Now, then, tell me. Can you recall any conversation between yourself and Mr. Keegan since the death of Captain Ussher, relative to this trial?"

"I can."

"More than one, perhaps?"

"Oh, lor yes; twenty maybe."

"Will you tell us any particulars you may remember of the last?"

A long conversation then ensued, but Mr. O'Malley could only elicit that Brady had, of his own accord, informed his master of all he knew on the subject, and that he had done so because he thought it right. He admitted, however, that Mr. Keegan had expressed a desire that the prisoner might be hung. A great many questions were then asked as to the present holding of Ballycloran, to which Brady answered, stating with tolerable accuracy the manner in which Larry at present lived on the property, and the hold which Keegan had upon it. He, moreover, stated that the house was in a very bad state of repair, and that most of the tenants who were left on the property were unable to pay their rent. He then, after much hesitation, owned that he had overheard what had taken place between Keegan and Thady in the avenue, on the day when the attorney had called at Ballycloran – that he had heard the name which Keegan had applied to Feemy, and that he had seen the manner in which Thady had been struck.

He was then asked whether he himself had not cautioned Thady against Ussher, telling him the reports that were going through the country as to Ussher's treatment of his sister. This he denied, stating that it wasn't probable that "the likes of him should go to speak to his masther about such things as that." He was repeatedly questioned on this point, but Mr. O'Malley could not shake his evidence. Brady, however, owned that in talking to Thady about Ussher, he had called the latter "a black Protestant," and that he had always spoken ill of him; "and now," continued Mr. O'Malley, "I don't wish to ask you any questions by answering which you will criminate yourself; but you have already said that you have been a visitor at Mrs. Mulready's shop?"

"Oh yes, I've been there."

"And you have been there when certain persons swore that before twelve months were passed, Captain Ussher should be under the sod?"

"Yes; I swear I heard thim words, and saw the boys take the oath."

"But to the best of your belief the prisoner was never at this house when such an oath was taken?"

"Is it Mr. Thady? He was niver at mother Mulready's at all."

"But he met the party who had taken this oath at your sister's wedding?"

"He did."

"And the same subject was spoken of there; was it?"

"What subject?"

"The propriety of sodding Captain Ussher?"

"I don't know about propriety."

"Well, then, the advisability of doing so?"

"Oh, yer honer, I aint no scollard. I can't make nothin' of thim long words."

"At any rate, they talked of sodding Captain Ussher at the wedding – didn't they?"

"I niver said so."

"Well, but did they?"

"Talk of sodding him! Faix I don't know; I don't think they said sodding."

"Did they say killing?"

"I won't say they did."

"Or murdering?"

"No; they did not say nothin' about murdher."

"Oh; they did not say anything about murder, – or doing for him? perhaps the prisoner and the other boys agreed to do for him?"

"Maybe they did – maybe you were there; only if so I disremember you; but thim's not the words I swore to."

"Well, they didn't agree to sod him, or kill him, or murder him, or do for him; what was it they were to do for him?"

"They were to rid the counthry of him."

"What – make the country too hot to hold him? eh, is that what you mean?"

"It don't matter what I mean; that warn't what they meant."

"And how do you know what they meant?"

"Why, they meant to kill the man; you know that as well as I."

"But I don't know it – nor do I think it; nor what is more, do you think it; for you are sharp enough to know that where there are so many figurative terms in use to signify murder, it is not probable that had they, on this occasion, wished to signify murder, they would have used a phrase which every one knows expresses an intention to drive a man out of the country. Yes, sir, you know that not one of the party would have dared to propose to Mr. Macdermot to have a share in murder. You and they talked of murder at Mrs. Mulready's, but you know that for your life you would not have dared to mention it before Mr. Macdermot. Now tell me how long was the prisoner at the wedding party?"

"Maybe three hours."

"Was he sober when he came in?"

"He war."

"Was he sober when he went out?"

"Sober when he went out?"

"Yes, sir; was he sober when he went out?"

"I don't think he war – not to say sober."

"Wasn't he mad drunk?"

"Mad dhrunk?"

"Don't repeat my words, sir; wasn't he mad drunk?"

"Faix, that's thrue for you, sir – they're not worth repeating; no, he war not mad dhrunk."

"Was he drunk? and mind, sir, you are on your oath – and there were many others present there who will prove whether you answer this question truly or falsely; was he drunk when he left the wedding party?"

"'Deed then I don't know; you can ask thim as war there besides me."

"But I choose to ask you, and I choose that you should answer me; was he drunk?"

"Don't I tell you that I don't know?"

"On your oath you don't know whether he was drunk or not?"

"He war screwed; divil a doubt of that; but thin, he could walk – I wouldn't call him dhrunk."

"Wasn't he nearer being so than you'd seen him for many months?"

"Faix, he war. I didn't see him so bad since Leitrim fair, two years back."