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Mention of Aherns
in Newspaper Stories
1840-1850


INSOLVENT DEBTORS
Petitions to be heard at 3, Lower Ormond-quay, Dublin, on Saturday, the 22d day of February inst.
W. Ahearn, city of Cork, gent.
The Freeman's Journal 1 February 1840
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Quarter Sessions.
John Ahern was indicted for stealing from the person of Philip Walsh. Guilty—three years in irons.
Sydney Monitor and Commercial Advertiser 8 April 1840
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QUARTER SESSIONS.
Monday, April 6.
John Aherne, was indicted for stealing a suit of clothes and other property from Peter Welch [sic], a ticket-of-leave holder, belonging to the Yass district. The prosecutor stated, that he and the prisoner were travelling in company a short distance from Sydney, when he lay down to sleep, placing his bundles under his head, but on his awaking found that his companion and his property had gone off together. The prisoner was found guilty, when Mr. Keck (the governor of the goal) stated that he had been tried for a similar offence in 1835, and sentenced to two years' labour in irons. The Court accordingly sentenced the prisoner to be worked for three years in an ironed gang.
Australasian Chronicle 10 April 1840
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NEWS FROM THE INTERIOR
(From various Correspondents.)
BATHURST.
   The Quarter Sessions for this district terminated yesterday. The calendar we are glad to say was unusually light, there being scarcely any case of public interest for trial. . . . 
   On Saturday, an inquisition was taken at the court house Bathurst, we believe the first of the kind ever tried in this county, before Thos. J. Morrisett, John Piper, and John Street Esquires under a commission from the Supreme Court, directing them to enquire into and ascertain what lands, goods, and chattels James Ahern, late of Bathurst Plains, was seized and possessed of at the time of his being convicted for cattle stealing viz. 4th March last—the jury empanelled on this inquisition, found that Ahern was possessed of 90 acres of land in Queen Charlotte's Vale, near Bathurst, but he was not possessed of any goods or chattels which could be forfeited to the Crown.
   If this forfeiture enforced by the government it will be attended with the most distressing and melancholy consequences, Ahern having left a wife and four infant daughters entirely dependant for their support upon the produce of this little farm—and we understand that a memorial is in course of signature to be presented to His Excellency the Governor on her behalf.
The Sydney Herald 11 September 1840
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BATHURST.
   A Commission of Inquiry issued from the Exchequer Jurisdiction of the Supreme Court, was held at Bathurst, on the fifth of September Instant, before James Thomas Morisett, John Piper, and John Street, Esquires, and a Jury then and there empanelled. The Inquiry was to ascertain "of what lands, tenements, and hereditaments, and of what goods and chattels," James Aherne, convicted on the 4th March, 1840, of a felony, committed on the 31st July, 1839, was seized or possessed. Mr. Moore, the Crown Prosecutor, briefly stated to the Jury the law applicable to the case. That the forfeiture of lands had relation to the time of the act committed so as to avoid all subsequent sales and encumbrances, that the forfeiture of goods and chattels had no relation backward, so that those only which a man had at the time of conviction should be forfeited. Therefore a felon might bona fide sell any of his chattels, real or personal, for the sustenance of himself and family between the act and the conviction, for personal property is of so fluctuating a nature that it passed through many hands in a short time, and no buyer could be safe if he were liable to return the goods which they had fairly bought in case any of the prior vendors had committed a felony. But if they were collusively and not bona fide parted with, merely to defraud the Crown, the Law would reach them, for they are all the while truly and substantially the goods of the offender, and if he is acquitted, might recover them himself and not parted with for a good consideration, so in case he were convicted, the law will recover them for the Crown.

    Mr. Moore added that he was instructed that there had been an instrument prepared by Mr. Lambton, an Attorney, purporting to be a conveyance of the freehold, and as assignment of the personal estate, which was executed by Aherne, between the 31st July, 1839 and the 4th March, 1840. As regarded the real estate, the deed would of course be inoperative and void, both, because, subsequent to the commission of felony, and as being made fraudulently with intent to evade forfeiture, but as regarded the personal estate if the sale or allocation were made bona fide for a valuable consideration the assignment might prevail, but such a transaction they must view with jealousy, and the claimant must prove the actual payment of the consideration money by the most unexceptionable evidence.

    Mr. Purefoy and Mr. Lambton appeared for Mrs. Aherne, the claimant. Mr. Wright (the Clerk of the Peace) proved Aherne's conviction. Thomas Miller, being sworn, stated that he produced the deed of settlement, dated 29th January 1840. The deed was prepared by Mr. Lambton, attorney for James Aherne. It was executed by James Aherne, by witness, and by John Hughes and Co., trustees. It was prepared and executed between the committal of James Aherne for cattle stealing, and his conviction. It included both his real and personal estate. He could have revoked it if acquitted. Aherne owned the lands described in the deed of settlement. The trusts were for the benefit of his wife and children. He always understood that if Aherne were found not guilty, the property would be returned. If he had been acquitted, he would have stood as before. He thought the Deed of Settlement would have been no more than [illegible] had the defendant been acquitted. The Deed of Settlement was read, which contained a power of revocation. Several witnesses were examined.

    Mr. Purefoy addressed the Jury as the advocate of the widow and four orphans. Would the jury by their presentment reduce them to beggary, destitution, and misery? He appealed to them (the jury) from the [illegible], the harsh and vindictive principles of the law—a law which had its origins in feudal despotism and tyranny ! Would the jury consent to be the instruments of such a law ? A law which punished the innocent for the guilty. He protested against the principle, that family arrangements could be upset by a subsequent conviction. In this case too there was a valuable consideration, the sum of ten shillings of lawful money of Great Britain and Ireland, had been paid ! Would they by their presentment confiscate the property of the widow and the orphans ? to whom would the land go? It would be sold ! and how would the proceeds be applied? to pay the army which protects our persons and our properties ? no ! to the navy which protects our trade and commerce ? no ! it would go to feed and pamper the minions and hirelings of Downing-street. Would the jury minister to the unholy graspings of a tyrannical government and rapacious crown ? Aherne by mistake had appropriated cattle not his own — he (Mr. Purefoy) had been his advocate, and now it was sought to upset this settlement; each of you, gentlemen of the jury, might commit a similar mistake, and will you sanction a principle which would upset your subsequent family arrangements ? If gentlemen by your verdict you sanction this forfeiture, never can you lay your hands on your breasts with an approving conscience.

    Mr. Moore in reply stated that his feelings of compassion were excited and his indignation roused, but his compassion was for the community—his indignation against the felon. It was the policy of the law to surround a man with every inducement to good conduct — to raise up every terror against bad conduct. The penalty was severe, the law was stern and vindictive, but [illegible] metus in [illegible] that criminal whom no personal consideration could influence, might, perhaps be deterred by regard for his wife and family. Mr. Purefoy well knew that the proceeds of this land, if escheated, would go to the colonial exchequer in aid of the funds for the prosecution of cattle stealers. And in diminution of that taxation, rendered necessary by the practices of such men as Aherne.

    Colonel Moriset charged the jury, and directed them to pay no attention to that part of Mr. Purefoy's address which was an appeal to their passions or feelings. Their duty was obvious; they should be ruled by reason and conscience, not by sympathy or compassion. It was clear that conveyance of lands made with a view to elude forfeiture, were fraudulent and void, and such unquestionably was the case with this settlement — a voluntary settlement made by Aherne when under charge of felony, on members of his family. The jury found Aherne to be seized on the 31st July, 1839 of an estate of inheritance in a messuage, and one hundred acres of land situate at Queen Charlotte's Vale, and that the same had exhausted and was forfeit to the crown—and that the deed of settlement was voluntary and fraudulent, made without adequate consideration and to evade forfeiture. We understand the value of the property is estimated at £708.

The Australian 15 September 1840
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Mr. Gregg, Solicitor, complained to Mr. Baldwin, assistant barrister at the Cork sessions, that he had been called in the street, a liar and scoundrel by Dr. Ahearne, for having entracted in evidence that the Doctor took half-crown fees. The barrister condemned the attack, but could not deem it a contempt of court.
The Connaught Journal 29 October 1840
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LIST OF SUBSCRIPTIONS
for the ERECTION of
ST. MICHAEL'S CHURCH, BATHURST.
James Ahern . . .  . . .  . . . £1  0  0
Australasian Chronicle 10 November 1840
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PUBLICANS' LICENCES, HOBART.
3rd February, 1841.
At a Quarterly Meeting of Justices held at Hobart Town, on the 1st instant, the following Transfers of Licences to retail Wines and Spirits were allowed: From George Henry Latham to Thomas Aherne, The Queen's Arms, Harrington-street.
The Courier 3 February 1841
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ANOTHER HORRIBLE MURDER.
   A correspondent of the Limerick Standard of yesterday gives the following particulars of an atrocious murder, committed in the neighbourhood of Mitchelstown, in the county of Cork :—
   “MITCHELSTOWN, Jan. 31m 1841.—The following are the particulars, as far as has yet been ascertained, of a most brutal cold-blooded murder, which was perpetrated last evening on the lands of Glenatlucky, within about two miles of this town :—The unfortunate victim was a farmer, holding about 10 acres of land, with a wife and seven children. It appears that the man, whose name was [Timothy] Ahern, left his own home at an early hour last evening, to go to the house of a relative, as was his frequent custom, whence on his return, about midway, he was met by some person or persons, who knocked him down (as if by a blow of a stone on the forehead) into a deep ravine, where a mountain stream runs, and there the unfortunate man's throat was cut by some very sharp instrument, as the head was nearly severed from the body, which must have immediately deprived him of life. I went this day to see the body, and in my life I never witnessed so horrifying and distressing a scene. His disconsolate widow and seven children were grouped around with horror-stricken countenances—the very pictures of distress and misery. As yet, no cause can be assigned for this brutal murder, as the man was considered a peaceable and well-conducted person ; and, although diligent search was this day made by Mr. A. Woodhouse, sub-inspector, and a party of police, who immediately repaired to the spot, on information being given, no clue has been had to the perpetrators of this foul deed, but I trust they will not long escape the vigilance of the police.”
The Times 4 February 1841
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GOVERNMENT REWARDS.
The Gazette of this evening offers 200l. reward for the apprehension of the murderers of Timothy Ahern, the particulars of whose assassination appeared in The Times of Thursday; and a similar sum is offered for the conviction of the miscreants who attempted to assassinate the Rev. Sketton Gresson.
The Times 10 February 1841
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Repeal in America.
The following are the names of residents in Philadelphia, who have subscribed to the Repeal rent.
 . . . Daniel Ahern, Waterford. . . . 
The Freeman's Journal 24 April 1841
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CERTIFICATES OF FREEDOM.
Principal Superintendent of Convicts Office, Sydney, April 20, 1841.
Certificates of freedom have been prepared in favour of the undermentioned prisoners, viz.:—
Samuel Ashman, Lady Harewood 2; Owen Ahern, Asia 8; Johanna Ahern, Palambam ; . . . 
The Sydney Herald 26 April 1841
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GOVERNMENT GAZETTE.
TUESDAY, AUGUST 3, 1841. DETAINED LETTERS.
GENERAL Post Office, Sydney, July 20th. 1841: List of letters detained in the General Post Office, in consequence of the sea postage required thereon not having been paid :
Messrs. Wm. Anderson, Senr. and Co., London ; Johanna Ahern, Killeagh, County Cork, Ireland, . . . 
The Sydney Herald 5 August 1841
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Carlow Indeminity Fund and Repeal
A great meeting for promoting the Carlow Indemnity Fund and the nomination of Repeal Wardens for the Town and Parish of Mallow, was held Yesterday (Sunday), in the Chapel Yard — an immense multitude assembled on the occasion. The Rev. Dr. Collins, was unanimously called to the chair, and Mr. William Williams, was appointed Secretary, and the following Resolutions were unanimously adopted :—
Proposed by the Rev. Justin M'Carthy — Seconded by Robert J. O'Connell, Esq. —
Resolved — That impressed with the necessity of affording protection for the free and unrestricted right of the Elective Franchise; and finding that the honest Electors of Carlow have subjected themselves to persecution, by their efforts to rescue the country from Tory domination, we feel ourselves called upon forthwith to collect subscriptions to preserve them from the tyranny of their heartless exterminators.
Proposed by Dr. Curtin — Seconded by Mr. Robert Corbet —
Resolved — That having observed the melancholy effects which have been produced by the Clearance System, adopted by many of the Landed Proprietors, we feel the necessity of a Legal Enactment, which, without interfering with the Rights of Property, would secure to the tenant the enjoyment of the advantages arising from his improvements, and to the Landlord, a punctual payment of his rent.
Proposed by Mr. Wm. B. Williams — Seconded by Mr. James Canty —
Resolved — That experience having proved that the exercise of the power of Legislation by a Foriegn Parliament, has disgraced our Country, subverted its Liberties, and reduced it to the condition of a Tributary Province, we feel it our bounden duty to Petition the Imperial Parliament, for the restoration of that Legislature, of which we were unjustly deprived.
Proposed by Mr. Timothy Collins — Seconded by Mr. John Fitzgerald —
Resolved — That in accordance with the instructions of our illustrious countryman, Daniel O'Connell, we recommend the following Gentlemen to act as Repeal Wardens for the Town and Parish of Mallow, and that they be empowered to prepare a petition for a Repeal of the Act of Union: Rev. D. Collins, P.P., Rev. J. M'Carthy, Dr. Curtin, Mr. John Canty, Mr. Wm. B. Williams, Mr. Jas. Roche, Mr. Robert O'Connell, John Moriarty.
Proposed by Anthony O'Connor, Esq. — Seconded by Jas. Jones, Esq. —
Resolved — That this Meeting cannot separate without recording their sense of gratitude and unbounded confidence in Daniel O'Connell, the victorious Leader of the Irish Liberal Party.

Moved by John Ahern, Esq., Seconded by Geo. O'Callaghan, Esq. —
Resolved — That the thanks of this Meeting are hereby given to Thomas Reynolds, Esq., not only for his efficient aid in the furtherance of the Repeal question, but his steady devotion to the advancement of the interests of Ireland.

The Rev. Mr. Collins was then moved from the Chair, and Dr. Curtin was called thereto, when the thanks of the Meeting was given to the former Rev. Chairman, amidst great cheering. Several Subscriptions were handed in towards the Repeal Rent and Indemnity Fund.

Cork Examiner 6 September 1841
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List of Applicants for Licenses granted
for the district of Hobart Town.
WEDNESDAY, SEPTEMBER 1, 1841.
Thomas Aherne, Queen's Arms, Harrington-street.
Colonial Times 7 September 1841
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Sydney Quarter Sessions
TUESDAY, JAN. 4.
(Before W. M. Manning, Esq., Chairman,
and Messrs. Bowman and Sempill.)
Patrick A'Hearn was indicted for stealing a quantity of timber, the property of J. Terry Hughes. Not guilty.
The Sydney Gazette 6 January 1842
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LIST of SUBSCRIPTIONS for the Erection of ST. JOHN THE BAPTIST'S CHURCH, West Maitland.
 . . . 
Thomas Ahern £1.0.0.
Maitland Mercury & Hunter River General Advertiser
25 February 1843
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KILBRITTAN
O'CONNELL TRIBUTE FOR 1842
Including the following:—£15.3.5
John Ahern £016
Michael Ahern 016
Major Broderick 100
John Collins 016
John Connor, jun. 020
John Connor, sen. 020
Michael Chrehan, Esq. 0100
Charles Dennyn 020
Patrick Dennyn 016
B. Donovan 020
T. Griffin 030
John Kearney 026
Thomas Long 020
John Manning 026
C. Sullivan 020
Mathew Taylor 050
Rev. Robert Taylor 100
The Cork Examiner 6 March 1843
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REPEAL PETITION
ST. PATRICK'S WARD
To Joseph Hayes and Edward Hackett, Aldermen; and to Denis B. Bullen, Thos. Rochford, Michael Delay, John O'Connell, James Lambkin, P. M. Kelly, Town Councillors, Representatives of St. Patrick's Ward

We, the Undersigned BURGESSES of the ST. PATRICK'S WARD, respectfully call on you to support Alderman Thomas Lyon's motion in the Town Council, respecting the Repeal of the Legislative Union between Great Britain and Ireland.

Ahern, John
Ahern, William
 . . . [and 163 others]

The Cork Examiner 20 March 1843
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REPEAL PETITION
ST. FINN BARR'S WARD
To Andrew F. Roche and Francis Lyons, Aldermen; to Michael Murphy, George Crawford, John Gould, Mark Collins, Alexander F. M'Namara and Patrick Walsh, Town Councillors.

At a numerously attended Meeting of the Burgesses of ST. FINN BARR'S WARD, held March 24th, John Blacklege, Esq. in the Chair—It was proposed by Mr. John Power; seconded by Mr. Shea, and unanimously Resolved—That the Aldermen and Town Councillors of the Ward be called on to support the intended motion of Alderman T. Lyons, in the Town Council, respecting the Repeal of the Union.

In accordance with this Resolution, we, the undersigned Burgesses of St. Finn Barr's Ward, respectfully call upon the above-named Aldermen and Town Councillors to support Alderman Lyons in his Motion respecting the REPEAL:—

Ahern, Michael
 . . . [and 60 others]

The Cork Examiner 29 March 1843
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Court for the Relief of Insolvent Debtors in Ireland
The following prisoners, whose Estates & Effects have been vested in the Provisional Assignee by order of the Court, having filed their Schedules, are ordered to be brought up before a Commissioner on Circuit as follows:—, To be heard at Cork 3rd April.

Ahern, Thady      Merchant      Youghal
 . . . 

The Cork Examiner 29 March 1843
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REPEAL PETITION
CORN MARKET WARD
To Richard Gould, John M'Namara, Esqrs., Aldermen; and Edmond Gould, John Shea, Jerh. Jas. Murphy, John Sullivan, Jerh. E. M'Carthy, Augustus R. M'Swiney, Esqr., Town Councillors, Representatives of the Corn Market Ward. We, the BURGESSES of the Corn Market Ward, respectfully call on you to support Alderman Thomas Lyon's Motion in the Town Council, respecting the Repeal of the Legislative Union between Great Britain and Ireland.

Ahern, Owen
 . . . [and 53 others]

The Cork Examiner 31 March 1843
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REPEAL PETITION
LEE WARD
We the undersigned Burgesses of the LEE WARD, being firmly convinced that in the REPEAL of the UNION, lies the only hope of our Country's welfare, earnestly call on our Representatives in the Town Council, Messrs. Fagan, Morrogh, England, Sugrue, Dowden, Curtin, Casey, and Reardon, to ATTEND and SUPPORT Alderman Lyon's motion to PETITION for such REPEAL.

And we are furthermore of opinion, that no sincere Patriot should refuse to co-operate at once, with Ireland's Liberator on this vitally important, and first of all Nation Question.

Ahern, John
Ahern, Michael
Ahern, Terence
 . . . [and 109 others]

The Cork Examiner 31 March 1843
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Insolvent Debtors Court
Before Mr. Commissioner Farrell, 3 April
Mr. Francis A. Walsh opposed the discharge of Thady Ahern on behalf of Mr. David Davis, a coal proprietor in Wales, on the ground of collusive arrest, and also that he contracted the debt when he had no prospect of being able to pay it. On the 6th of August he wrote for a cargo of coal, and stated that he was about entering largely into the trade and on the 29th of October he sent an acceptance for it but immediately after the 1st of December he apprised them he was insolvent and furnished them with a statement of his affairs of which they could make nothing of. However, it would appear that his debts amounted to £1,032 and he had goods to the amount of £839, and yet he offered no settlement. He also represented that he lost two cheques by apprentices amounting to £184 and every debt due to him is to be contracted on the 26th of November. Mr. Creagh stated that the insolvent was an export merchant to the extent of £20,000 and had three years dealing with Mr. Davis and paid him £250 leaving only £37 due. Mr. Walsh called the attention of the Court to the fact that he did not give any account in his schedule of the £889 worth of property he represented himself to have had. The Court thought it clear that he was not ready to come before the Court. He should learn to make out accounts and as he was detained but for £9, his petition should be dismissed.
The Cork Examiner 5 April 1843
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Insolvent Debtors Court
Before Mr. Commissioner Farrell, 3 April
   [Jeremiah Sullivan was] opposed by Mr. Gallwey on behalf of Michael Ahern. His client went security for him to the Loan Bank for money, which he laid out in clothes, and not having disposed of them he put them in the pawn office. The detaining creditor demanded the tickets but he refused to give them. The insolvent stated that he got £3 at the Loan Bank, out of which he paid 18s. Mr. Barry informed the Court that he refused to do the Insolvents business, as it was connected with the Loan Bank and offered the opposing creditor a shilling a week out of his earnings, towards defraying his debt.
   Court—“Don't do that again, for I have altered my opinion respecting the utility of those institutions, and wish every case to be heard on its own merits. If this man paid 18s. out of £3, how is it possible that a decree was granted for £3 10s.”
   Ahern—I went security for another Loan Bank for him.
   Court—“Why are you engaged in these bank loans, or, what are you?”
   Ahern—I'm a publican.
   Court—“Oh, I see, you are a very benevolent man (laughter). How much was paid for the loan of the pound?”
   Insolvent—I got 18s. 9d. from Mr. Ahern, in George's Street, the balance being kept for the loan of the pound.
   Court—“I can't tell which of you is the most considerate. Oh, you are a regular swindler.”
   The insolvent stated that he pawned the clothes to pay his creditors.
   Court—“Oh, those publicans are very tender fellows. I am afraid you dealt too much with that class.”
   Insolvent—I have a very large family my lord.
   Court—“But that consideration did not prevent you taking on glass of whiskey less, although you seem full of affection for them now. I cannot do better than remand you for one month, and that will make you practice temperance.”
   Ahern said he did not sign a loan paper for him until he joined the society, and then he took pride in his prosperity.
   Mr. Barry stated he was still a temperance man.
   Court—“Well the confinement will make him stick to his pledge the closer” (laughter).
   Mr. O'Connell—There will be a procession on Easter Monday, and perhaps you could let him join it my lord (great laughter).
The Cork Examiner 5 April 1843
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REPEAL PETITION
MANSION HOUSE WARD
We the undersigned BURGESSES of the Mansion House Ward, convinced by the experience of years, as well as by the increasing wretchedness of the country, of the desolating effects of the Legislative Union, earnestly call on our Representatives in the Council—the MAYOR, Ald. Corbett and Councillors Murphy, Denny, M'Sweeney, Herrick, Beamish and Carmichael, to attend on next Wednesday and support Alderman Lyon's Motion for the Repeal of that unnational and obnoxious Statute.

Ahern, Corns.
Ahern, James
 . . . [and 68 others]

The Cork Examiner 10 April 1843
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IN CHANCERY
ELIZA M'CARTHY, otherwise SHUMOR, widow of the late JOHN M'CARTHY, deceased. THOMAS MAGUIRE and ANNE MAGUIRE, otherwise SHUMOR, his wife, and JOHN LOTHIAN, the younger, an infant, by his Father JOHN LOTHIAN, the elder, PLAINTIFFS.
JOHN AHEARN and MARY AHEARN, otherwise HARDING, his wife, PATRICK AUGUSTUS WHITE and MARGARET WHITE, otherwise SHUMOR, his wife, JAMES HARDING and ELIZA SHUMOR, DEFENDANTS.
PURSUANT to an order made in the cause, bearing date the 9th of May, 1843, I require all creditors of GEORGE HARDING, deceased, in said order particularly mentioned and also all persons next of kin to said GEORGE HARDING, and claiming a distributive share of his assets, to come in before me at my Chambers, on the Inns Quay, Dublin, on or before the 26th day of July next, and prove their respective demands and claims, otherwise they will be precluded all benefit from said order. Dated this 24th day of June, 1843, J. J. TOWNSEND. —J. O. WOODHOUSE, Solicitor for the Plaintiff, Ormond Quay, Dublin.
The Cork Examiner 30 June 1843
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Insolvent Debtors Court
Mr. Commissioner Farrell opened this Court on Monday, and proceeded with the hearing of Insolvents petitions. The following petitions were in the course of the day dismissed and discharged. . . . 
   William and John Ahern—were opposed by Counsellor Forsayeth for Anthony Murray, Mr. O'Brien for Kent & Sons, and Patrick and Richard Hayes; Mr. Fitton for Robert Howard; Mr. Deane for Fletcher Iveson.
   Mr. Forsayeth said that by the schedule it appeared that for six years the prisoners returned a profit of £160 a year. They had upon the face of the same schedule appeared to have lived at the rate of five or six hundred pounds a year. They returned as a reason for the deficit that they had to pay £200 a year, for two years, as discount on bills, and attributed their insolvency to the manager of the National Bank declining to do any further business with them.
   Mr. Walsh said that the expenditure of the two families was but £250 a year. Mr. Forsayeth said that the bill transactions with Murray came up to June 1843, while there was nothing to account for the money on the schedule. He should satisfy the court on the head of an expenditure of £600 a year, which was made up of rents and other charges.
   Mr. O'Brien said that Kent & Sons supplied property to the amount of £ immediately before insolvency. He was further instructed to say that a most undue preference was given to Mr. James Cremen of Cork to whom they owed £410, who issued an attachment, to which Mr. Mulcahy was attorney. At this time an attachment was issued by a Spanish house for £46, which was removed by Mr. J. J. Barry by certiorari Mr. Barry being engaged in business with Mr. Mulcahy. He would further say that the insolvents at the time they were running into debt kept horses, vehicles and country houses. The insolvents were arrested the very last day for going into gaol, and the petition was filed on the 14th June.
   Mr. Deane said his clients complained that insolvents became indebted for twelve casks of Spanish wine at a time when they had no means to pay, they having given the wine to Mr. Hackett in part payment of a debt then due.
   Mr. Fitton opposed on the ground of suppression of property.
   Court—The debts are large, £4,426.
   Mr. Scannell—There was Mr. Murray receiving 60 and 80 percent.
   Mr. Murray—It is false.
   Court—Take care sir, remember where you are.
   Mr. Scannell said that the bills were cashed at the rate of 40 percent
   Mr. Forsayeth said that he would hand the book to the Court.
   Anthony Murray was then examined by Mr. Scannell.—He commenced discounting bills for the Messrs. Ahern in July 1842. The bill was for £112, payable six months after a date, having but four months to run. Thinks he gave £100 for the bill. The next was for £35 16s. at three months, for which he gave £32; then £32 10s. at three months, for which he gave £30.
   To Mr. Forsayeth—Got two policies of insurance from them for £500 each, but they never assigned them.
   Court—So much the better for their creditors.
   Mr. Forsayeth—I put forward these facts to show that the insolvents were aware of their difficulties.
   Mr. O'Brien said that the defence made against Mr. Murray was a strong case in favour of bona fide creditors.
   Court—How much do they owe the Banks?
   Mr. Scannell—The Provincial Bank £170 and National £1000.
   Mr. Walsh said that after their embarrassment in 1837, when they compromised for 7 s. 6d. in the pound, they took a house in Patrick st., at £105 a year, on which they paid £200 fire and expended £409.
   Court—In addition to that they lost £200 on a speculation to Barbados, and £200 a year for discounting.
   Mr. Deane wished the insolvents would account for taking twelve hogsheads of wine on the 8th February, which they gave to Mr. James Hackett on the 12th February, giving an undue preference.
   James Cremen swore that he got Mr. James Joseph Barry to issue an attachment against the insolvents for goods and money and finding that they lived too high for their means he proceeded against them. Mr. Murray and a Spanish merchant had also attachments.
   To the Court—I had no collusion with the insolvents and merely noted from my own mind. I did not get the money yet, as the Sergeants-at-mace were noticed not to pay it over in expectation of a bankruptcy suit, and I have heard that a docket is struck by Mr. Jub.
   Mr. J. J. Barry swore that he had been the attorney to the insolvents and that he had a conversation with Mr. Cremin in respect to his debt, and issued the attachment. He did not act in respect to the attachment with the knowledge or at the desire of the insolvents.
   William Ahern, insolvent, swore that he went to Mr. Howard for some empty Roman cement casks, and got over 20, in which he shipped wines to Barbados three weeks before the attachment, the bill of lading [for] which was handed over to James Daly and Co. in payment of a debt.
   Court—These men have laid a great deal of misfortune and have been guilty of improvidence, but there does not appear to be any fraud. The insolvents were discharged.

 . . . 

   Henry Rubie was opposed by Mr. McNally on behalf of Doctor Ahern, on the ground that insolvent was never in custody.

The Cork Examiner 5 July 1843
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IRELAND
BANKRUPTS IN IRELAND.
To Surrender at the Court of Bankruptcy, Lower Ormond-quay, Dublin,
Gazette—Aug. 8, 1843.
AHERN William and John AHERN, late of the city of Cork, trading under the firm of William and John Ahern, wine and spirit merchants, dirs. and ch.; surren. 18th Aug. 19th Sept. twelve— Agent, Scott, Kildare-st.
Law Chronicle 17 August 1843
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THE FOLLOWING ARE THE NAMES OF THE SUBSCRIBERS TO THE REPEAL FUND FROM NEWFOUNDLAND.
 . . .  Patrick Ahearn, Waterford. . . . 
The Freeman's Journal 2 September 1843
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STATE OF THE COUNTRY.
Ejection of Tenantry.
The Limerick Chronicle says "Wednesday last, William Smith, Esq., subsheriff, with the aid of police, and a party of the 61st, from Rathkeale, dispossessed, under habeus, a family of the name of Ahern, on the estate of Mr. Conyers, of Castletown, and immediately after he had withdrawn his force the country people rushed on the premises, broke the locks, and retook possession in view of the civil and military authorities."
Northern Star 13 January 1844
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CATHOLIC MEETING IN MALLOW
A large and highly respectable meeting of the Catholics of the Borough and parish of Mallow was held in the Parish Chapel after last Mass on yesterday, when a strong resolution and memorial to the Queen were adopted, the meeting was presided over by Thomas Punch, Esq., P.L.G., Lavella-house. Among those present were the Rev. Messrs. Justin and John M'Carthy, Daniel Linehan, M.D., J.P., Charles J. Curtin, M.D., Carragoon-house; Edward O'Connor, Esq., Solicitor; P. Corbett, T.C.; R. Stack, T.C.; J. Gallaher, T.C.; M. Ahern, T.C.; R. Barnet Barry, T.C., P.L.G.; J. O'Connor, T.C., P.L.G.; Messrs. Moriarty; J. Fitzgerald; W. Quain; J. Lombard; M. Graham; P. Scully; John Butler; W. Treacy; J. Coleman, &c., &c.
Cork Examiner 15 January 1844
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MALLOW UNION—THURSDAY.
——————
Guardians present—Messrs. O. MADDEN, J.P.; THOMAS PUNCH ; T. FARRELL ; J. AHERN ; J. QUINLAN ; R. B. BARRY ; W. B. WILLIAMS.
THOMAS HAINES, Esq. in the Chair.
   The Clerk read a letter from the Commissioners, stating in reply to resolutions of the Board, that the Kanturk Work-house would soon be opened for the admission of paupers, and requesting of the Guardians not to discharge those paupers who are now in the Work-house from the Kanturk Union—also stating, that it is part of the Valuator's duty to insert the names of the present occupiers on the rate-book.
   The Returning Officer stated, that Mr. BAINBRIDGE and Mr. CARMICHAEL resigned—that there would be no contest in the Mallow Electoral Division ; and that Mr. BUCKLEY resigned for Kilshannick.
   Mr. WILLIAMS—I am sorry the Doctor's patients resigned (laughter).
   Mr. BARRY—He did not prescribe the proper medicine—the affections of the people.
   Mr. MADDEN proposed a resolution, calling a special meeting of the Guardians for the 14th inst., to take into consideration the state of the funds, the valuation rate, &c.
The Cork Examiner 9 March 1844
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General Post Office, Perth,
April 8, 1844.
List of Unclaimed Letters.
A
Henry Adams, H. O. E.. Adams, Michael Ahern, Mr. Atkins. . . . 
Perth Gazette & Western Australian Journal 13 April 1844
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CATTLE STEALING.
On Monday last a man named Thomas Aherne, a ticket of leave holder for the district of Maitland, was brouht [sic] before the police bench on a charge of stealing a heifer, the property of Samuel Leggett, Buchanan. It appeared that the heifer was lost on the 10th March last, and from some information which Leggett received about three weeks afterwards he searched a water hole about a quarter of a mile, from Aherne's hut, in which he found four feet of a cow or heifer similar to the feet of the heifer which he had lost. A man named M'Cormick, also a ticket of leave holder, who had lived in the service of Aherne, deposed that he assisted the prisoner some time ago to kill a heifer, and the hide, feet, and head were thrown into a water hole. The prisoner afterwards told M'Cormick that the heifer was not his own property, but that she belonged to Leggett. The prisoner was fully committed to take his trial for the offence.
The Maitland Mercury 4 May 1844
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CONVICT DEPARTMENT.
Comptroller-General's Office, July 17, 1844.   
The Lieutenant-Governor has been pleased to grant Tickets-of-Leave to the under-mentioned Convicts :
James Ahern, Maitland
Colonial Times 24 July 1844
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ABDUCTION
James Ahearn was indicted for having upon the 15th of May, at Whitebog, near Youghal, feloniously assaulted Ellen Condon, with intent to take her away against her will, and also with intent to defile her.

Ellen Condon sworn — I live at Whitebog, near Youghal, in May last; my mother is alive; I have £110 fortune left to me by my father; I know the prisoner and knew him before that time; he kept a public house in Youghal; I had been in Youghal on the 15th of May, with milk; coming home about ten o'clock at night, I met two men who were strangers to me about a quarter of a mile from my own house; when I got nearer the house they laid hold of me and carried me away from my mother; they put me in a covered car upon the road; the prisoner James Ahearn was in it, and a driver outside; I was crying, and wonder that he did not smother me by putting his hands upon my mouth; another of the men who stopped me also came into the car and they would not leave me out; my mother was crying upon the road; there was a girl living with her at that time who immediately after left her and is now living with the prisoner; he told the driver to drive on as fast as he could to Cork and he did so; he told me he was going to marry me; my sister was married some time before that and had £200 fortune; he never spoke of marrying her.

Mr Bennett — Did he ever court you? I don't know.

Court — Don't you know what is courting? I don't know. Did he ever speak a kind word or two to you? He used to be asking me to go to his house; I went to a dance there with another girl last winter; I was overtaken between Glanmire and Cork by my brother and a cousin of mine who took me away from him; when my brother jumped off the horse he rode Ahearn swore he would have either me or my brother's life; Ahearn beat him and knocked him down upon the road; he brought me into Cork and I returned to Youghal upon the coach; he went into a house in Castlemartyr to get another car as the car broke down.

Cross-examined by Mr. O'Hea — I think you said this amorous youth never spoke to you upon marriage? He didn't. You never thought of going away with him? Never. You were once at his house? Twice; his sister once asked me in. Did he offer you any refreshment? I took a glass of punch with him. I am told you dance the Polkas with exceeding taste and grace? I do not, sir. You swore in your informations that it was after 10 o'clock when you left Youghal? I did, sir. I did not think that a lady of your propriety would be out at so late an hour? My mother knew I was out. You never said you would give a little screech to gratify mamma? No, sir. Now, was it a refusal you sighed out all along the road? Yes, sir, I was afraid to call out at Killeagh lest he should smother me. You did not cry out when the car broke down? No, sir, it was a lonely place. Did you take anything at Castlemartyr? I took a little drop of spirits and water. Perhaps you descended from the chariot at the village of Glountane? Yes, sir; I took a glass of cordial there; I made no noise about it, I first stepped into the car. Now when your brother came up you detested this rapparee, you thought him the greatest scoundrel that ever breathed? I did, sir; I drank a tumbler of porter from the prisoner upon one occassion about three months ago in Ryan's public house in Youghal.

Witness in reply to Mr. Bennet — There was nothing to prevent my marrying him if I wished; the prisoner was standing at King-street when the Youghal coach upon which I returned came up, and he went as far as Midleton on it.

The mother of the prosecutrix was placed upon the table and soon after burst out crying, but was comforted by his lordship's assuring her that there was no injury done to her daughter. In her account of the commencement of the attempt, she nearly concurred with the evidence of her daughter.

Patrick Condon was sworn and related what happened upon his coming up to the prisoner, and a female acquaintance of the prosecutrix proved that he offered her a sum of £9, if she would coax her to his house, and there make her drunk at his own expense, which he promised doubly to repay.

Head-Constable Richard Cole, deposed that he had searched himself, and directed frequent searches to be made for the prisoner between the 14th of May and the 17th of June last in vain, at the latter time he surrendered himself.

Mr. O'Hea said it was his intention to apply himself both in the observations he should make, and the evidence he should lay before the jury, to show that it was with the full and free consent of the girl, and not against her consent, that this whole proceeding took place; and, under his Lordship's correction, he told them, that, if they did not believe beyond doubt that it was a forcible taking away against her consent, in the whole and every stage of the transaction, his client was entitled to an acquital. Before, however, entering upon the evidence upon which the crown rested the prosecution, they would allow him to make one solitary remark upon which the entire case hinged. Men were naturally anxious and properly anxious to protect females from aggression of this description, and there was an anxiety, also, in every honest man's breast to suppress such outrages. It was because he was convinced that that solicitude existed in the breasts of the Jury in common with other men, that he implored them, when they would weigh the evidence, to take care lest that anxiety become in their minds a prejudice, and that prejudice determine their verdict. He would not however suppose that they would be deterred from performing their duty by either the enormity of the crime, or by a sense of the punishment which would necessarily follow it. Mr. O'Hea then commented at great length upon the evidence for the prosecution, and concluded by expressing a confident hope that when they compared with it the statement he was prepared to submit to them they would not subject his client to the dreadful penalty of the crime of which he was alleged guilty.

Counsel then called three witnesses to show the existence of amicable feelings between the parties during the alleged abduction, but, from circumstances discovered in their cross-examination, much doubt was cast upon their credit or memory. Mr. Plunkett replied to evidence. After half an hour's absence the jury returned with a verdict of "guilty with intent to marry."
Cork Examiner 7 August 1844
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MALLOW
On Saturday a meeting of O'Connell's friends in Mallow was held for the purpose of making the necessary preparations for illuminating the town, and appointing from the Repeal Reading Rooms a sufficient number of persons to parade the streets, and prevent even the least insult, in word or deed, to those whose political opinions differ from the people. The meeting was addressed by the clergymen, and by those who generally take a part in public affairs, who conjured the people to abstain from groaning or insulting anyone. The people answered una voce that they would take any person prisoner who did so; and I am happy to inform you that so great was the confidence reposed in the arrangements, that our town was crowded during the whole evening with Conservative ladies and their friends, who have since expressed their admiration of the kindly behaviour of the people.

The town, from Beecher-street, along the Main-street, New-street, Bridge-street, and the numerous smaller streets to the top of Ballydaheen, was brilliantly illuminated. There was a large bonfire on the Market-hill, another at Sir D. Norrey's gate, over which several torches were lighted. Many of the Protestant electors, hitherto the staunch opponents of every liberal measure, lighted the present occasion, for whom the people gave three hearty cheers. Mr. Edward Sullivan, a grocer, who brought the ire of the populace on him at the time of O'Connell's incarceration, had his house brilliantly illuminated on this occasion, and this was not the result of fear, but of conviction, that wrong has been done to the Liberator. Mr. James Jones, Attorney, had a full length likeness of O'Connell in the window which was tastefully decorated. The houses of Messrs. Edward O'Connor, Attorney, and Patrick Daly, New-street were neatly illuminated, as were also in the same street those of Mr. George Giles and Mr. N. Harman, Conservatives; and in the Main-street the houses of Messrs. Gwynn, Peard, Berry, Murphy, Hughes, &c., also Conservatives; some of whom have contributed to the Repeal Fund! Eglantine Cottage, the residence of our respected parish priest, who is from home, was splendidly illuminated; the Rev. Mr. M'Carthy, our "good Father Justin" had a likeness of the Liberator in a gilt frame, with a profusion of flowers in the centre window.

Amongst those conspicuous were the houses of Mr. John Fitzgerald, Mr. P. Corbett, T.C., Mr. John Ahern, T.C., Mr. Michael Ahern, T.C., Mr. Timothy Collins, T.C., Mr. Richard Stack, T.C., Mr. James Roche, T.C., Mr. James Gallaher, T.C., (in whose window was a beautiful likeness of O'Connell in a gilt frame was exhibited) Mr. John Bourke, T.C., Mr. W. B. Williams, T.C., Mr. R. Barnett Barry, T.C., who had a splendid likeness of the Liberator in the window, and underneath the words "I live only for Ireland." Also a banner, with the inscription "Loyal to the Throne but faithful to O'Connell and Old Ireland." At Mr. Pierce Nagle's opposite Mr. Barry's, was a large cage, with two birds perched on the outside, thus reversing the words of the song "My birds are in the cage."

Mr. Patrick Scully's house also displayed great taste, and the medicine shop of M. J. O'Connell was a centre of great attraction, from unrivalled taste displayed therein. In fact, each vied with his neighbour in paying a tribute of respect and evincing joy on the occasion. It can not be said that those Conservatives who joined in this great exultation were afraid but to light, for there was a great majority of that party who did not illuminate, and no angry word was spoken to them. There was a Catholic shopkeeper in the Main-street who refused to light a candle, but he was disappointed in his hope of having been groaned, and such means pointing himself out as a martyr!

The Provident Temperance Room was tastefully decorated, the Seven Martyrs occupying a conspicuous place in the window. The band paraded the streets. I think it only fair to mention that to the local authorities great praise is due, as, unlike those of neighbouring towns, they placed reliance on the good feeling of the people, and did not exhibit that false alarm which "dogs in office" are too fond of showing; so they left loyal inhabitants to the mercy of the Repealers, as not a single policeman was in the street. One of the Conservative Magistrates spoke to me on the matter early in the day with that kindness and confidence which he has so frequently exhibited towards me — such conduct on the part of the authorities speaks trumpet-tongued in favor of the rapid strides Repeal principles are making amongst the gentry of the country. The clergymen and Repeal Wardens paraded the streets until eleven o'clock, when the lights were extinguished and the people quietly dispersed.

On Sunday evening there was a tea-party in one of the Reading-rooms, to commemorate the release of the Martyrs, Mr. R. Barnett Barry, in the chair — many good speeches were delivered, and some excellent songs enlivened the evening.
Cork Examiner 9 September 1844
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CATTLE STEALING.
Thomas Ahern was indicted for stealing a heifer, the property of Samuel Leggett, at Buchanan, on the 10th March last. Mr. Hustler appeared for the prisoner; solicitor, Mr. Grace. There was no evidence as to the identity of the animal, and the jury therefore, under his Honor's direction, acquitted the prisoner, but his Honor informed him that no person who had heard the trial could doubt that he was a guilty man. A man named M'Cormick, a ticket of leave holder, who assisted Ahern to kill the heifer, differed materially in the evidence which he gave before the court and that which he had given at the prisoner's committal, when he stated Ahern had told him the heifer belonged to Leggett ; he was ordered into custody for his conduct, to undergo an investigation before the bench of magistrates.
The Maitland Mercury 17 September 1844
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THE GAZETTE.
Internal Revenue Office.
October 20, 1844
A license to retail Wines, Spirits, &c, for the period ending 29th September in the year now next ensuing (provided it be not forfeited before such day), has been granted to the Under-mentioned individuals respectively :— . . . 
Thomas Ahern, Queen's Arms, Harrington-street, Hobart Town . . . 
Colonial Times 12 October 1844
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Tickets of Leave Cancelled.
The Government Gazette of Tuesday last contains a notice of the tickets of leave of the following prisoners of the crown having been cancelled for the reasons stated opposite their respective names. Thomas Ahern, Edward [ship?], suspicion of killing cattle ; Maitland bench.
The Maitland Mercury 16 November 1844
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IRELAND
ASSIGNMENTS IN IRELAND
To be Heard by Order of Court,
CIRCUITS.
Gazette—Nov. 26, 1844.
Court-house, Cork, 10th Dec. ten.
Ahern, Jeremiah, of Mill st. [sic] farmer
Law Chronicle 12 December 1844
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HOBART TOWN POLICE REPORT
TUESDAY, FEBRUARY 25.
Thomas Aherne, licensed publican, was charged with selling unwholesome liquor. Dr. Lloyd deposed it was not rum, that it contained newly made colonial spirit. A Mr. Wise, who said he was a chemist and druggist, swore it was very good rum, West India rum. The Magistrate postponed the decision till Thursday, in order that Mr. Aherne might get the liquor analysed by any chemist he wished, in the Chief Constable's presence.
The Courier 1 March 1845
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MYSTERIOUS AND HORRIBLE MURDER
A great sensation was created throughout the city yesterday morning, by the discovery of another of those diabolical murders which have of late months diffused horror and consternation into the hearts of the inhabitants of Sydney. It would seem, indeed, that almost every repetition of the dreadful tale of blood, which it is our painful duty to record, were doomed to be written in characters of a deeper dye, to be pourtrayed [sic] in features, more and more hideous and unnatural.

The first suspicions in the present case, were aroused on Tuesday afternoon, when a small house in Sussex-street, between Erskine-street and Margaret-place, was forced open, and the marks of a large quantity of blood found upon the floor, and splashed upon the walls, together with some traces of human hair, which seemed to have been severed by the blow of a hatchet, and forced into the wall by the same instrument. The house belonged to a publican of the name of Spears, residing in the neighbourhood, and had been let, in his absence, a few weeks since, to an elderly man, who, with a girl of apparently about 14 or 15 years of age, resided in it. Little appears to have been known by the neighbours with regard to these people, although on more than one occasion screams and cries of murder were heard to issue from the house. These, however, although they excited some remarks, were not of sufficient singularity of occurrence in the neighbourhood, to induce the listeners to intrude upon persons who were strangers in the place. On Thursday or Friday last, they left this house, and subsequently discoveries have served to connect them with the horrible tragedy we have to narrate. It appeared that on Friday last an old man and a girl, answering to the description above given, took a house in a court off Parramatta street, just beyond the toll bar, and known as Hancock's Buildings. The old man represented the girl to be his daughter, although the neighbours had strong suspicions that such was not the case, and that, young as she was, she was living and cohabiting with him. In the evening of Friday they were heard to quarrel, the man threatening her in coarse language, and the sound of blows and kicks were also heard. He seemed anxious to keep her out of sight. After this both the man and the girl were seen to go out into Parramatta-street, and we have no certain information of any one having seen them re-enter the house, or indeed at all after this. On Sunday, Monday, and Tuesday, the key of the house was in the door, on the outside, but no one was seen to enter it. On Tuesday a little dog was about the place, and howled a good deal, and some of the neighbours were induced to mark the position of the key, to see if any one went in or out during the night. From the appearance of the key on the following morning it did not appear that such had been the case, and on some of the neighbours entering the house, and proceeding through the lower room up stairs, they found, in one corner of the room, on some blankets, the body of the unfortunate girl, bearing fearful marks of violence upon it, and apparently having been deprived of life for several days. Dr. Cuthill was immediately sent for, but, in the absence of the Coroner did not interfere with the body. The police were soon put on the alert, and we believe the identity of the girl with the one who lived with the old man, in Sussex-street, has been pretty fully ascertained. It has also been discovered that they came to Sydney on Whit-Monday, having been spoken to by a man near Ireland's public house. The man said he was coming from Windsor, and that the girl was his daughter, but that he had a wife and sister at Maitland. He spoke of having a cheque for some money, which he had tried to get cashed in Windeyer, but that he was asked a shilling in the pound for it, which he could not afford to pay. During the day, every enquiry was made by the police, but the name and connection of the miserable girl were not ascertained, although in the afternoon information reached the police that she was not the daughter of the old man, but a girl he had seduced from service, somewhere in the country. From other information, it was also imagined that he had proceeded either by the Liverpool or Parramatta roads, but the pursuit in that direction was unsuccessful. He is described as an old man, grey headed, probably upwards of 50 years of age.

A Jury was sworn in at Le Burn's public house yesterday afternoon by the Coroner, and proceeded to view the body, in order that a post mortem examination might be made ; after which, the inquisition was adjourned till Monday morning at 10 o'clock, at the Police-office, in order that fuller enquiry into the circumstances might be made. The house in which the deceased was found was entirely destitute of furniture of any kind, and the body was laid on a bed composed of a pair of blankets and a few old articles of wearing apparel. By the side of this bed was a tin pannican and quart pot containing tea, and a gingerbeer bottle with rum in it ; on the window was some bread and butter and the remainder of a black pudding. A good deal of filth was scattered about the room, but there were no marks of blood on the floor or walls. The girl was laid on her right side, with her face to the wall. She had on her clothes, consisting of a frock, shift, and stockings, and a kind of small shawl tied round her neck. Her garments, as well as the blankets were disposed with an arrangement which forbade the idea that she had died there, but must have been placed in such a position after death. The face, head, and body exhibited a shocking spectacle, being bruised and mutilated from head to foot. The post mortem examination was made by Doctor Tierney. On the front of the head was a large wound, and two very large wounds were also apparent at the back of the head. These appeared to have been inflicted by some sharp instrument. On removing the scalp, underneath the wound in the front of the head, was the mark of an injury on the frontal bone. A small piece of the occipital bone of the skull was chipped out, and there were several other minor marks of violence in the same region. On examining the brain, a very extensive effusion of blood had taken place, and clots of extravasated blood were collected in that place. The internal portion of the brain was in a sound state. The injuries on the head were quite sufficient to cause death. On the forehead, temples, cheeks, and chin there were bruises and abrasions of the skin, evidently the effect of great violence — the chin, in particular, exhibiting two deep wounds, apparently as if it had been bitten. Both ears were also much injured ; but if the effect of violence, it was not of so recent infliction as the other wounds, and might have arisen from disease. On the left hand, the nails of the thumb and middle finger appeared to have been chipped off or plucked out, and there were other deep scars on the hand and arm. The nail of the dexter finger of the right hand was also partially off, and other severe injuries inflicted on it. On the neck and chest, there were also bruises and contusions ; and on the left breast, a scar, apparently freshly done, and with some heavy or sharp instrument. The sides, back, and stomach were greatly bruised, as if from kicks, or other extreme violence. On the lower part of the abdomen, there were bruises sufficiently violent to cause death ; and the thighs and legs were one mass of discoloration, from a similar cause. On opening the body, there was extensive extravasation of blood underneath the muscles near the wound on the breast. There was a slight adhesion in the lungs, which were in a very unhealthy state, exhibiting considerable effusion of blood. The right lobe of the liver and the spleen was also very much diseased, but these natural appearances were not such as would have caused death.

Underneath the blankets on which the girl lay, was found a Hyde Park jacket, also a regatta shirt with stains of blood on it. There were so many conflicting reports afloat yesterday with regard to this atrocious act, that it is a matter of some difficulty to separate the authentic from the fictitious. We have heard that a boy was seen in the house in Sussex-street, and the quantity of blood described as being there would seem almost to warrant the suspicion of a previous murder in that house. We, however, refrain from enlarging on these rumours until the enquiry on Saturday morning shall have taken place.

The Australian 5 June 1845
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MYSTERIOUS MURDER. In our last we mentioned the fact of a mysterious and horrible murder having been discovered in a house near Kellick's Wharf, Sussex street, which appears to have been correct in the main facts of the case. Since that time some additional facts have come to light, which we lay before our readers The house in Sussex-street on being entered presented a desolate spectacle. It appeared as though a large quantity of blood had been upon the floor and there was also a plate with some blood upon it ; the walls were stained with blood in various places, and a quantity of hair was sticking upon the wall and appeared in one place to have been struck into the wall by the blow of an axe. No instrument of any kind was found in the house. It was supposed that the body of the person who had been murdered might have been thrown into the water, and on Wednesday morning the police were engaged for some time in dragging the harbour in the vicinity of the house but nothing was discovered.

On further inquiries being made it was ascertained that on Friday last an old man and a girl answering to the description of the missing parties, had taken two rooms in a lane off Paramatta street, just outside the old Toll Bar, at a place known as Handcocks' Buildings. The old man stated that the girl was his daughter, though there is reason for believing that young as she was, being not more than 14 or 15 years of age, he was cohabiting with her. On Friday evening the neighbours heard these two persons quarrelling in the house, but no notice was taken of it, though the sound of blows and kicks were heard. Both the man and the girl were seen by the neighbours subsequent to this, but on Sunday, Monday, and Tuesday, it was observed that the door key remained outside, and on Tuesday a little dog came about the place and howled a good deal. All these circumstances tended to attract the attention of the neighbours, and on Tuesday evening some of them noted the position of the key, for the purpose of ascertaining in the morning whether or not any person had been into the house. In the morning the key was found in the same position, and appeared to have remained untouched the whole night. Some of the neighbours then went into the house, and on proceeding up stairs, they found in a corner of the room the body of the murdered girl, lying upon some blankets ; it appeared to have been dead some days, and bore upon it dreadful marks of violence. The house was completely destitute of furniture and presented a most filthy appearance, though no marks of blood were found in the room, and underneath the blankets in which the body lay, were found a regatta shirt and a jacket similar to those worn by the Hyde Park Barrack men. From the appearance of the body it was supposed that it had been laid in the place where it was found, after death. Inquiries were set on foot in every direction, and it was pretty clearly ascertained that the girl was the same who had been living with an old man in Sussex street. It was also discovered that they both came into Sydney on Whit Monday, and that the man said he had come from Windsor, that the girl was his daughter, and that be had a wife and another daughter at Maitland ; but from information which has been received by the Police, there is every reason for believing that the girl was not the old man's daughter, but that she had been seduced from her service by him from some place in the interior. It was reported that the old man had left Sydney either by the Liverpool or Parramatta Roads, and pursuit was commenced on those roads, but hitherto without success. He is described as being a grey headed man, between 50 and 60 years of age.

On Wednesday afternoon, a jury was sworn at Le Burn's public house, Parramatta street, which proceeded to view the body, in order that a post mortem examination of it might be made ; after which, the inquest was adjourned until ten o'clock on Saturday morning, to be held at the Police Office. The following was the result of the post mortem examination made by Dr. Tierney :—On the front part of the head was a large wound, and there were also two large wounds on the back of the head, all of which appeared to have been inflicted with some sharp instrument. On the removal of the scalp underneath the wound on the front of the head was the mark of an injury on the frontal bone ; a small piece of the occipital bone of the skull was broken, and there were several other minor injuries in the same region. On examining the brain, it was found that an extensive effusion of blood had taken place, and clots of extravasated blood were formed. The internal portion of the brain was sound. The injuries found upon the head were quite sufficient to cause death. On the forehead, temples, cheeks and chin were many abrasions of the skin, evidently the effect of great violence ; the chin in particular, exhibited two deep wounds, apparently as if it had been bitten. The ears were much injured, but the injuries if produced by violence, were not so recent as the other injuries, and might have been the effect of disease. On the left hand the nails of the thumb and of the middle finger appeared to have been chipped, off or plucked out, and there were several deep scars on the left hand and arm. The nail of the dexter finger of the right hand was also partially torn off and other severe injuries were inflicted upon the hand. There were several bruises and contusions on the neck and chest and a scar on the breast which appeared to have been recently done with a sharp and heavy instrument. The sides, back, and stomach were greatly bruised, as if from kicks or other extreme violence. On the lower part of the abdomen there were bruises sufficiently violent to cause death, and the thighs and legs were one mass of discoloration from the same cause. On opening the body there was found extensive extravasation of blood underneath the muscles near the wound on the breast. There was a slight adhesion in the lungs which were otherwise in a very unhealthy state, and exhibited a considerable effusion of blood. The right lobe of the liver and the spleen were also very much diseased ; but not so as to cause death. Various rumours are as usual afloat with respect to this horrible transaction, but as yet nothing we believe of any certainty has transpired. What light may be thrown upon the dark and foul deed of murder which has been committed, by the inquest which will be held to-day, it is difficult to say.

Sydney Morning Chronicle 7 June 1845
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ANOTHER HORRID MURDER IN SYDNEY.
The metropolis has again been thrown into a state of consternation by another diabolical murder. It appears that for some weeks a man and a girl of 14 or 15 years of age were living together in a house in Sussex-street, between Erskine-street and Margaret-place. Little was known of them by the neighbours, although more than once screams and cries of murder were heard in the house. On Tuesday afternoon, however, some persons were induced to enter the house (the inmates being missing), when marks of a large quantity of blood were found on the floor and walls, besides fragments of human hair, which seemed to have been severed by the blow of a hatchet, and struck by the force of the blow into the wood. Enquiries having been consequently set on foot, it came out that on the Friday previous a man and a girl, answering their description, took a house in a court off Parramatta-street, just beyond the toll-bar, and called Hancock's Buildings. The man represented the girl to be his daughter, but the neighbours suspected that, young as she was, she was cohabiting with him. On the same evening they were heard to quarrel, and the sound of blows and kicks were also heard. After this both the man and the girl were seen to go out into Parramatta-street, and no one after this saw them re-enter the house, or indeed at all. On Sunday, Monday, and Tuesday the key of the house was in the door, on the outside, but no one was seen to enter it. On Tuesday a little dog was about the place, and howled a good deal, and some of the neighbours were induced to mark the position of the key, to see if any one went in or out during the night. From the appearance of the key on the following day it did not appear that such had been the case, and on some of the neighbours entering the house, and proceeding through the lower room up stairs, they found, in one corner of the room, on some blankets, the body of the unfortunate girl, bearing fearful marks of violence upon it, and apparently having been deprived of life for several days. Dr. Cuthill was sent for, but, in the absence of the coroner, did not interfere with the body.

The police were soon put on the alert, and the identity of the girl with the one who lived with the man in Sussex-street was pretty fully ascertained. Every enquiry was made, but nothing could be heard of the man. The only thing learned was, that a man had met him on the Parramatta-road, on his way to Sydney, on Whit Monday, when he said the girl with him was not his daughter, and that he had a wife and sister at Maitland.

On Wednesday a jury was sworn in at Le Burn's public house, and proceeded to view the body, in order that a post mortem examination might be made ; after which the inquisition was adjourned till Monday, in order that fuller inquiry into the circumstances might be made. The examination was made by Dr. Tierney. Both on the front and back of the head were large wounds, which appeared to have been inflicted by some sharp instrument. Underneath the wound in the front of the head was the mark of an injury on the frontal bone. A small piece of the occipital bone of the skull was chipped out, and there were several other minor marks of violence in the same region. The injuries on the head were quite sufficient to cause death. Besides these injuries, there were numerous minor ones, showing extreme ill-usage. Underneath the blankets on which the girl lay was found a Hyde Park Barracks jacket, also a regatta shirt with stains of blood on it. It thus appears that two murders have been committed, or else, (which seems the most probable), that the girl had been murdered in the house in Sussex-street, and afterwards removed to the one in Parramatta-street. There was a rumour, indeed, of a boy having also been seen in the house in Sussex-street, but such a fact was not distinctly ascertained. Such are the particulars of the murder as they appear in the Sydney papers of Thursday last.

APPREHENSION OF THE SUPPOSED MURDERER.
Yesterday a man named John Connolly, reading the account in the Buck's Head Inn, West Maitland, was struck with the conviction that the man alluded to was a person he had formerly lived with in Maitland, named John Ahern, and, by a strange coincidence, a very short time afterwards he met the very man, who, instead of greeting him as an old acquaintance, evidently avoided him, and sheered off as quickly as possible towards the fields. Connolly now felt convinced that he was the murderer, and gave chase. Ahern, however, was too active for him, and disappeared from sight. Just then constable Kerr, on horseback, came within hail, to whom Connolly described Ahern, and pointed out the direction in which he had gone. Kerr promptly started in pursuit, and soon brought him back. It was then discovered that he had "marks of blood about his dress, which of course greatly strengthened Connolly's suspicions. On being searched, his certificate of freedom was found on him, in the name of John Ahern.

On the way to the lockup, he begged the constable to stop at a public-house, and let him have a glass of beer, as he felt quite faint; the constable complied, and while in the house Ahern said he "wished he could drop down dead on the spot." Before the police magistrate he admitted having come overland from Sydney, which he said he left on Sunday forenoon, and arrived in Maitland, on foot, on Wednesday evening. It appears that many months back Ahern left Maitland, taking with him his sister, and his niece, a girl of fifteen or sixteen, the daughter of another sister, who is married to a nailer named Collins, residing in West Maitland. The niece, who is supposed to have been the unfortunate girl who was murdered, was named Mary Ann Clarke. Since his recent sudden return to the town Ahern had been to Mrs. Collins's, who questioned him as to what had become of her sister and daughter, to which he returned only evasive answers, appearing rather confused; while there he burned the shirt he had on, and obtained a new one, and it is supposed that hearing of the police being on the alert he had determined suddenly to leave Maitland, as he had left his coat at Mrs. Collins's. His dress including the burnt shirt and the coat, corresponds, we believe, with the description received by the Maitland police. He will be forwarded to Sydney this morning by the steamer, to appear at the adjourned inquest on Monday.

Maitland Mercury & Hunter River General Advertiser 7 June 1845
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THE LATE MURDER.—We abstained from giving any particulars respecting the murder of the young woman found in Parramatta-street, on Tuesday last, because the man who was supposed to have committed the horrid deed was not to be found, and the clue which the police had was a very slight one. From information obtained on Wednesday, it was clear that the person last seen with the girl was a man named O'Heron or O'Halloran, who had at different times been at Bathurst, at Maitland, and at Windsor, and to all these places the attention of the police, was directed. The Commissioner of the Police proceeded to Windsor, where it was understood that both the man and the girl had been seen lately. Evidence connecting the man and his sister, Johanna O'Halloran, and the murdered girl was obtained at Windsor, and it was also ascertained that the girl's name was Margaret, and that she was the daughter of another sister of the man O'Halloran, residing at Maitland, and various other items of information were obtained, which will come out in evidence. At Maitland, the prisoner was apprehended by a Maitland constable, to whom he was pointed out by a person who knew him. The mother of the girl came up to Sydney on Saturday evening, and yesterday morning at daylight the body was disinterred and identified by her as that of her daughter. When O'Halloran was taken to the watchhouse, he observed that he was very weak, and requested that a priest might be sent for. The inquest stands adjourned to Thursday. Irrespective of the murder of this unfortunate girl, no motive for which at present appears, the investigation discloses a most awful amount of vice.
The Sydney Morning Herald 9 June 1845
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LOCAL INTELLIGENCE.
The Parramatta-street Murder. — Since our last, a variety of circumstances connected with the late mysterious occurrence, have transpired, and amongst others, we are happy to state that the man suspected of the murder, has been apprehended. As the details of the horrible transaction will be fully narrated at the Coroner's enquiry, to take place on Thursday, we shall not frustrate that narrative by entering fully, on the particulars that have reached us. The name of the deceased was Mary Anne Reed, the illegitimate child of Margaret A'Hern, the sister of the man apprehended, John A'Hern. About three years ago, or some thing more, the mother resided in Cumberland street, with her child ; and another sister, Johanna A'Hern, lived as a servant to Mr. Palmer, then of the "New York Hotel." Margaret A'Hern afterwards removed to Maitland, with her child, and has since lived there with a man named Collins, a neighbour. Margaret, Johanna, and John A'Hern, were all transported to this Colony; and we believe there are another sister and brother who were also sent out here. John was generally employed in the interior shepherding. About a year and a half ago, John and Johanna were at Maitland, and were going on to a place up the country ; they asked to have the girl Mary Anne to go with them, to which, after some reluctance, the mother consented. They subsequently went up the country, and have since lived at several stations, Johanna passing as John's wife, and he sometimes turned her out, and slept with the girl. We believe Johanna was last seen in company with them at Windsor, or in the neighbourhood, not a very long time ago, and that to different parties who knew them, and have since met him, John said she had left him in the bush. On his arrival in Sydney, on Whit Monday, A'Hern took the house in Sussex-street, near Kellick's Wharf, where he lived until the Friday previous to the discovery of the body.

There is evidence also of his having beaten the girl severely whilst in that house, which may serve to account for the blood discovered there. It is supposed he left Sydney on the Sunday, and proceeded overland to Maitland. On arriving there, he went to the house of his sister Margaret, and the man Collins seeing him outside the door, told her of it, when she went out and asked him to come in ; he did so, when she asked him where he had left Johanna and Mary Anne, to which he replied they had ran away from him in the bush. He did not say that he had been to Sydney ; and would give no account of his sister and niece, except that they had ran away from him. He was recognised by a man named Connolly, who had conceived an impression from the account of the murder, that he was the man, and this being confirmed by A'Hern's shunning him, he communicated his suspicions to a constable, who took him into custody. It is to be feared that the career of unnatural abandonment of all the three has led to the destruction of both the females, by the hand of John A'Hern. Considering that the girl knew Sydney well, and was formerly a sharp girl, it is hardly to be expected but that she would have attempted to escape from him, but for his careful vigilance of her whilst here, and the same jealous suspicions of her movements probably led to the fatal act which terminated her existence.

The Australian 10 June 1845
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THE LATE MURDER.—The inquest upon the body of the girl, who was last week found murdered in a house in Parramatta street, was again adjourned until to morrow morning. The supposed murderer who is a man named Ahern, and said to be uncle to the girl, was apprehended at Maitland on Friday last. The mother of the girl whose name is Collins, the wife of a nailer at West Maitland. and sister to Ahern, arrived in Sydney on Saturday night last and early on Sunday morning the body of the unfortunate girl was exhumed, and identified by the mother. The name of the murdered girl is Mary Ann Clark. Ahern arrived in Sydney by the steamer yesterday evening.
Sydney Morning Chronicle 11 June 1845
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LOCAL INTELLIGENCE.
The Parramatta -street Murder.—The man A'Hern, apprehended on suspicion of the murder of the unfortunate girl, in Parramatta-street, was brought down from Maitland, in the steamer, on Tuesday. His appearance is extremely repulsive, and his manner a mixture of callousness, and fear, which might almost be mistaken for insanity. A large crowd of people were collected at the Hunter River Wharf, to witness his arrival, but he was landed in a boat, the Chief Commissioner having considered such precaution necessary.
The Australian 12 June 1845
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THE MURDER IN PARRAMATTA-STREET.
CORONER'S INQUEST.
THE enquiry as to the death of the unfortunate Mary Ann Clarke, whose mangled remains were found on the 4th instant, in Hancock's buildings, Parramatta-street, was resumed yesterday morning, at the Police Office. The Coroner took his seat on the Bench at about twenty minutes to eleven, A.M., and shortly after this the names of the Jury were called over, and the proceedings commenced ; the Jury was comprised of the following gentlemen :—David Taylor, (foreman), Alexander M'Cullen, William Jenkins, John Webster, Benjamin Yabsley, Henry Hall, William Simmons, Samuel Penn, Peter Henslow, Christopher Flynn, Thomas Field, Henry Kettle, and John Tucker.

John Ahern, the man who had been previously apprehended on suspicion of having perpetrated this atrocious deed, was brought in heavily ironed, soon after the Jurors' names had been called over, and was placed in the dock. He appeared to be a man of from forty to fifty years of age, about five feet five inches in height, with a sallow complexion, sunken eye and cheek, and dark brown hair. The cast of his forehead is good, but notwithstanding this redeeming point, the general expression of his features is harsh and forbidding. By his certificate of freedom, which was found upon his person at the time of his apprehension, it appeared that he was a native of Fermoy, in the County of Cork, and that he was sent to this colony for seven years in 1828, for shoplifting. It was stated also in this certificate that he was born in the year 1804, which would make his present age above forty-one years. During the whole of the inquiry, which lasted for eight hours, he abstained from evincing the slightest symptom of agitation, unless the degree of violence with which he cross-examined many of the witnesses might be so termed ; for in so doing, he several times gave way to feelings of irritation, and his voice, which appeared naturally somewhat harsh, and rendered more so by the pitch to which he occasionally elevated it.

No less than twenty witnesses were examined in the course of the enquiry, and both at the opening and closing of the case, the Coroner complimented the police upon the extreme industry with which the matter had been investigated, so as to bring to light in a short space of time so immense a mass of facts having a tendency to carry out the ends of public justice, remarking at the same time, that however much it might be regretted that circumstances had arisen of late to call for the exercise of this care and industry on the part of the officers of police, it might still be hoped that the very efficient manner in which they had performed their duty thus cast upon them, would show to others the utter hopelessness of escaping the punishment due to crime. The following is a brief statement of the case as detailed by the evidence.

The murdered female was the daughter of Margaret Ahern, a sister of the prisoner, and was, at the time of her death, between thirteen and fourteen years of age ; another sister, named Johanna, was living with the prisoner, while the mother of the girl was cohabiting with a man named Collins, at Maitland ; about three years ago, the girl was sent by her mother, who had then just arrived in Maitland, to service, and received 1s. 6d, per week as wages ; but shortly after this, the prisoner and his sister Johanna came to Maitland, and the former expressed a wish to have the girl, promising to take great care of her. This was acceded to, and she appeared to have gone with him and his sister, Johanna, into the interior, where he was employed. According to the statement of Margaret Ahern, it appeared that the prisoner, after the girl had gone to live with him, was very unwilling to part with her, carefully preventing her from communicating with her mother any more than could not possibly be avoided, and keeping her in evident fear of him. In 1843, the prisoner was in the service of the Messrs. Bolton, at Wellington, as a shepherd, at which time he appeared to have had his sister and the girl along with him, although their relative relationship was not known, but about twelve months back they were living at the house of a person named Henry, at Maitland, and one witness stated positively that they were all three in the habit of sleeping in the same bed, which circumstance he had once actually witnessed with his own eyes. At a later period all three parties were in Sydney together, and were residing in a room at the house of a lodging-house keeper named William Evans, of Kent-street, who stated that the elder female passed as the prisoner's wife, and the younger as his daughter, and that during the time they so resided there he had always looked upon them as quiet well behaved people. In this place also they appeared to have had but one bed between the three. The same witness stated that the prisoner came to the house again about three weeks ago enquiring for lodgings, and stating that he had left the "old woman" in the country, but expected her shortly to arrive. At this time the girl was with him, and observing that she appeared unwell, Evans asked what was the matter with her ; the prisoner replied that she was sick ; and on Evans enquiring what had sickened her, the prisoner exclaimed, "I sickened her ;" he then went on to say that he had beaten her on account of having seen two men at his window as if looking for her ; and Evans remonstrated with him upon the injustice of doing this, pointing out the probability that the girl could not help the conduct of these men. Nothing further passed at this time, except that the prisoner was told he might become the tenant of part of the premises which it was expected would be shortly empty. The girl appeared to be stiff and sore as if from ill usage ; but being muffled up, Evans could see no marks of violence upon her. On Whit Monday, the prisoner and the deceased, who was then in his company, were met on the Parramatta Road by a man named Porter, at which time they appeared to be journeying to Sydney, and the prisoner enquired of Porter as to whether he could recommend him to a place of residence. Porter referred him to a house of Mr. Speers, in Sussex-street, near his own residence, at the corner of that and Erskine-street ; and it appeared that in the course of the same day the prisoner and his reputed daughter took the house, and entered into possession. This house was a small one, standing by itself upon a piece of waste land, and here they were seen for several days without anything remarkable being noticed, except that the girl's face bore scabs and other marks of ill-usage. They had no furniture in the house except a plate and a basin, and one or two little things of that kind ; but the prisoner stated to the neighbours that he expected his wife down shortly, when they would buy some furniture, and in the mean time he obtained the loan of such articles as were required for his use. One of the females residing in the neighbourhood (a Mrs. Ogden) was called as a witness, and stated that during the time they were stopping there, she had had several conversations with the girl, who passed as the prisoner's daughter, and who had never said anything against him ; but upon one occasion the prisoner accused her, in the witness's presence, of great misconduct, saying that she was in the habit of going with various men, and that so recently as that morning she had been with him to point out a house where she had been stopping all night with two men. The prisoner named other instances of alleged misconduct, but did not state who the men were, nor did he describe the houses with any degree of particularity ; but the girl answered in the affirmative to all his accusations, and promised to behave better for the future. Another witness was called, who gave evidence as to a similar accusation being made against the deceased, which she had not denied, but neither of those who spoke to these facts, were able to say whether the confessions of misconduct were purely voluntary, or were extorted from the girl by her fears of ill-treatment from the prisoner. While they were living in Sussex-street, the girl was frequently observed to have marks of violence about her person, and upon one occasion the prisoner was seen to kick her, telling her at the same time to go in and take off the cap which she then had on. On Friday, the 30th of May, the prisoner and deceased came to Hancock's public house, in Parramatta-street, when the former enquired respecting some houses to let in Mr. Hancock's buildings, one of which he subsequently took, paying for it a week's rent of five shillings in advance. Mr. Hancock's barman, with whom the arrangement was made, observed that the girl bore marks of having suffered extreme ill-treatment, her face and hands being bruised and bloody, and some of the nails having been torn off. The prisoner called for a gill of rum, which he drank, and obtained a glass of water for the girl, for whom he also purchased two buns or pies from an itinerant seller of confectionery. The girl remained sitting in one of the boxes of the public house for about three hours and a-half, and while the prisoner was away looking at the house, she got another glass of water ; but all this time she said nothing, although questioned as to what was the matter with her, but in addition to her bruised appearance it was observed that when she arose from the seat she appeared as if she was stiff and sore. Three of the residents in Hancock's-buildings were called to speak as to the identity of the prisoner, two of whom recognised him immediately ; while the third, a locksmith, whom the prisoner had employed to mend the lock of his door, was unable to speak with such certainty, even after the prisoner had been removed from the Court, and dressed in the clothes which he had on when apprehended. In the course of the cross-examination, however, the prisoner virtually admitted that he was the person alluded to by the witness, and the testimony of the latter was further confirmed by the fact of the prisoner having charged Mr. Hancock with the repairs of the lock. One of the other witnesses had seen him knock the girl backwards, on Friday evening, when they were together in the court or alley with a candle, apparently looking for a key. When the girl rose up, she tried to get in at the window by climbing up a load of wood which lay in front of it, but sunk back as if from weakness, upon which the prisoner came behind her and pushed her forward with such violence as to throw her upon the floor inside ; the girl was not heard to say anything ; but the prisoner, who appeared the worse for liquor, was heard to mutter some incoherent jargon, such as "one two, three, give me my pipe." "One, two, three, four, do you know what a mantelpiece is," and it appeared from the testimony of the barman before alluded to, that he had subsequently drank another glass of rum, in addition to the gill which he had obtained on first coming to look after the house. During the same day the prisoner was heard to tell the girl that she might make a fire and burn the house and herself too if she liked, but nothing further was seen of her until the time her murdered body was discovered, which was on the morning of Wednesday, the 4th instant, when she was found in a dreadful mangled state covered with a blanket in the upper room, appearing as if she had been covered over after death. Owing to the absence of the parties from the house in Sussex-street, the suspicion of the neighbours was aroused, and the place was entered, when a pool of blood was found in the centre of the floor, and marks of a similar nature upon one of the rafters, and on the papering of the wall ; to the latter also some small portions of human hair was found adhering, which was identified as being of the same colour as that of the deceased, some pieces of a broken plate and some rags were also found stained in like manner ; but no further clue was obtained until the discovery of the body on the following morning. A piece of the rafter, a piece of the papering, and nearly the whole of the articles found in the two houses were produced and identified in the Court, among which was a cap and bonnet, both with blood stains, the latter of which was identified by one of the witnesses (Mrs. Ogden) as one which she had trimmed for the deceased at the prisoner's request. There was also a piece of coarse cloth, apparently the piece of a jacket, belonging to the prisoner, which was much stained with blood, and appeared to have been partially burned. Nothing further appeared in evidence as to the motions of the prisoner from this time, until Wednesday week, when he was in Maitland and called at the house of his sister Margaret. In answer to the enquiries of the latter, he said that his sister Johanna and the girl had left him in the bush ; but he did not mention the name of the place. While at the house of his sister, he sent the latter to purchase a shirt for him, which she did, and immediately upon receiving it, he put it on, throwing the old one on the fire, notwithstanding his sister's wishes to have it for the purpose of using it up for patching. Subsequently to this, also, he strongly pressed his sister to drink a cup of tea, which she at last agreed to do ; but during the ensuing night she was very bad, suffering extremely from pains in the stomach, and remaining weak and exhausted. The next day she heard of the murder in Sydney, and information having been given to the Police by a person who knew the deceased, the prisoner was apprehended by constable Kerr, of Maitland, and lodged in the watch-house. He denied all knowledge of the crime with which he was accused, with many imprecations, but seemed so much agitated that the constable allowed him to have a glass of ale before taking him to the watchhouse. On being searched, some sugar of lead (poison) was found upon his person, which he said he had been using for a rupture, and marks of blood were seen upon his jacket, waistcoat, and trousers. It was observed by the police, that the shirt he had on was a new one, and on being asked where the old shirt was, he said he had thrown it away among the hills. Serjeant Adsum, of the Sydney Police, who was with the prisoner at the Maitland lock-up, gave similar testimony as to the blood stains, as also respecting a stain of blood which he found upon one of the prisoner's toes when his boot was removed. He likewise spoke to a long conversation with the prisoner, in which the latter said that he had left his sister at Cassilis ; but had since heard of her being at Patrick's Plains, and that he had left the girl in Sydney with plenty of wood, tea and sugar, to make herself comfortable in the course of this conversation, the prisoner asked when the Criminal Court would sit, and on being answered that it would sit in about a month, he exclaimed, "Alive to-day, dead this day month ;" he also said, that he supposed he should be hung as innocently for this, as he was transported to this colony, and desired that a priest might be sent for, in order that he might make the best use of his time ; and at the same time he entered into a detailed statement of the deceased's misconduct, similar to that which he had made to other witnesses.

The evidence of Dr. D. J. Tierney, by whom a post mortem examination of the body had been made, was to the following effect:-On Wednesday, the 4th instant, I viewed the body of a young female named Mary Ann Clarke, about fourteen years of age, lying in the upper room of a house in a court off Parramatta-street. The body was lying on the right side ; the face towards the wall ; the appearance dirty ; there was a large wound of the scalp over the superior portion of the frontal bone. Two very large wounds of the posterior part of the scalp ; there were several external wounds on the forehead, temples, nose, cheeks, and chin ; the ears appeared as if they were diseased, or had some injuries of some standing; the nails of the thumb and middle finger of the left hand were off ; part of the nail of the fore or index finger of the right hand was off ; there were several deep contusions on the hands and arms ; the neck, chest, sides, and abdomen were much bruised, as well as a considerable contusion on the left breast; the pubic portion of the abdomen was very extensively bruised, as well as the thighs and legs, as if deceased had been kicked. In making the post mortem examination I found on raising the scalp, a mark or cut on the frontal bone corresponding with the wound of the scalp and two marks on the occipital bone ; corresponding with the wounds of the scalp in that region, as also a small piece of the bone was chipped off, and other slight indentations. The membranes covering the brain were inflamed, and a very extensive effusion of blood was observable upon the brain, particularly on the posterior part, and clots of extravagated blood were collected in that locality ; in and underneath the muscles covering the chest there were quantities of extravagated blood ; there were slight adhesions of both lungs, particularly the right one, which was very unhealthy, great effusion of blood having taken place into the substance of the right lung ; there was also considerable hemorrhage ; the right lobe of the liver was diseased ; so was the spleen, the latter was gorged with blood. Deceased died from the effects of the violent injuries mentioned in the foregoing statement ; I have no doubt but that some person had often cohabited with her ; as to the appearances of the deceased, and the house that she was found in, as also the house she was supposed to have lived in, off Sussex-street, I have to observe that there was a regularity about the way in which she was laid that indicated that she was covered by some person after death, and the place exhibited appearances as if deceased had been dragged along the floor, and there was a cloth smeared with faecal matter, with a quart pot bearing similar appearances ; these circumstances I mention for the purpose of pointing out that deceased may have been compelled to remain in the room, or that some other party used them by day sooner than run the risk of being observed going to or from the house, but I am more inclined to believe the former supposition. In a small house in Sussex-street, Inspector Moore showed me the marks of a quantity of blood upon the floor, and splashed upon the walls. The plaster of the walls was recently broken, apparently from the blows of some sharp heavy instrument. It is possible that deceased may have received the injuries of the head in that house, and be able to go to Parramatta-street afterwards. One circumstance above makes me think such might have taken place, that is, that there was very little blood on the floor, or about the clothes of deceased when discovered. I am rather tenacious in giving this opinion, fearing the blood in the house in Sussex-street may be that of some other individual. I believe the instrument by which the wounds of the head were inflicted must have been a sharp cutting instrument ; but one of the marks on the wall in the house in Sussex street, shows that the instrument used there was one of a heavy nature, such as a tomahawk. If it was the latter instrument by which the wounds were inflicted on the scalp, it is very probable that the bones of the head would have been more injured ; the wounds of the brain were gaping wounds, and did not appear to be in the course of healing by the operations of nature. The hair found on the papering of the room in Sussex-street has been compared by me with some which I removed from the head of the deceased, and corresponds both in colour and general appearance.

The evidence having been gone through, the prisoner was called upon for his defence, when he proceeded to address the jury at great length, protesting his innocence in the strongest terms, and calling God to witness that he had never raised his hand to the girl. He then proceeded to give a long and disgusting detail of alleged acts of misconduct on the part of the deceased, whom he described as being an irreclaimable prostitute. It was from this cause he alleged that his sister Johanna had left him, and he subsequently started for Sydney with the girl in his company, in the hope of meeting Johanna by the way. During the journey down she used to sleep with him ; but he said that she had frequently escaped from his side during the night while he was asleep, and gone among the men whom she met with at the different stations, and two or three times she had endeavoured to make her escape from him altogether. He brought her to Sydney from shame at her conduct, and from anxiety to be at a place where it was not known, in the hope that she would mend ; but although she made frequent promises of amendment, her conduct was still the same, and she not only used to go out at night before, but made the same endeavours to escape, which he in like manner prevented until he went to Parramatta-street, when he purchased a load of wood with the intention of cutting it up and selling it in barrow loads ; but upon awaking the morning after he took the house, which he protested was on a Thursday and not on a Friday as stated by the witnesses, he found the deceased missing ; and as she did not come back between that and Sunday morning, he started off for Maitland overland, where he arrived on the following Wednesday, intending to tell his sister Margaret of her daughter's misconduct ; although he refrained from doing so in consequence of having heard that she had just been confined, and fearing therefore that he might injure her. This was the substance of the prisoner's defence, the more minute details of which were of a nature unfit for publication.

The CORONER briefly addressed the Jury, calling their attention to the inconsistency of the prisoner's statement, and the contradiction between this and some of his former assertions, particularly as to the wood which he had at first spoken of, as having been left with the girl in Sydney to make herself comfortable with. The learned gentleman also pointed out how easily the explanation which had been offered by the prisoner, with the view of excusing his extreme watchfulness over the girl, might be set aside by an equally probable supposition that these habits of watchfulness had been used to conceal an improper connection with himself, and how fairly it might be presumed that even the confessions of the girl as to her own misconduct might have been extorted by fear.

The Jury, without leaving the box, found a verdict of wilful murder against the prisoner, who was forthwith committed to take his trial for that offence.

During the whole of the day, the Court room and the Police Office yard was crowded with spectators, all exhibiting the utmost eagerness to get a sight of the prisoner, and during the course of the investigation, the crowd several times so far forgot themselves as to break out into groans and hisses, until the Coroner was constrained to give notice that if order was not maintained he should be constrained to have the Court cleared. These bursts of feeling arose principally at the time the prisoner was alleging the acts of gross prostitution already alluded to, against the deceased.

The Sydney Morning Herald 13 June 1845
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THE LATE MURDER IN PARRAMATTA STREET.
CORONER'S INQUEST.
The adjourned inquest on the body of Mary Ann Clark, which was found on the 4th instant, in a house in Handcock's buildings Parramatta-street, was resumed at the police office, on Thursday morning. The following are the names of the jury :David Taylor, (foreman) Alexander M'Cullen, William Jenkins, John Webster, Benjamin Yaboley, Henry Hall, William Simmons, Samuel Penn, Peter Henslow, Christopher Flynn, Thomas Field, Henry Kettle, and John Tucker.

John Ahern, the man who was apprehended at Maitland, by constable Kerr of the Maitland police, on suspicion of having perpetrated the murder, was soon after the names of the jury had been called over brought in heavily ironed, and placed in the dock. He is a man about forty one years of age, about five feet six inches in height, of a sallow complexion, and forbiding [sic] countenance. He is a native of Fermoy in the county of Cork, and was transported to this colony for seven years in 1828, for shop lifting. The inquiry lasted for upwards of eight hours, during which time the prisoner evinced no sort of trepidation whatever, but appeared to be quite reckless of the situation in which he was placed, and he cross examined most of the witnesses with a good deal of tact, and sometimes in a very violent manner. A large crowd of persons was assembled in the police yard throughout the day, and the court was crowded.

James Clarke, whitesmith, living in Handcock's Buildings, was examined as to the identity of the prisoner. He deposed that a man in one of Handcock's buildings had given him a lock to repair, but that he did not think the prisoner looked like the man. (The prisoner was here removed in order that he might be arrayed in the clothes had on him when apprehended.) On his return witness stated that he would not swear to the prisoner being the man who had given him the lock to repair, but that the dress was like what He wore on that occasion. He did not see any girl with the prisoner ; he complied with the wishes of some of the neighbours, who had seen the key in the door for two days ; he (witness) went in, and after crying out and receiving no answer, he went up stairs and found the dead body of a female.

Hergan Facer, barman to Mr. Handcock, publican of Parramatta-street, deposed, that he recollected last Friday week letting a house to the prisoner, who was accompanied with a girl. He let the house for five shillings a week, and the prisoner paid the first week's rent in advance. The prisoner and the girl came into Mr. Handcock's house on that day ; the girl sat down in a box where she remained for upwards of three hours, and the prisoner came to the bar and called for a glass of rum for himself, and a glass of water for the girl. The prisoner also bought some cakes for the girl. He (witness) observed that her hands were bruised, and all over blood, and some of the nails of her fingers off. He asked her what caused those injuries, but she would not answer. Her face was also bruised. The prisoner took the key to see the house, and after doing so, returned and took the girl with him. The girl appeared to be unwell, lame, and stiff. The prisoner passed her off as his daughter ; after he and the girl left, he did not again see her alive. He saw a body exhumed last Sunday, which he believed to be the body of the girl. The prisoner cross-examined the witness with the view of getting him to admit that it was on Thursday he took the house instead of Friday, but failed in changing the witness's mind on the matter.

Charles Coffee, stonemason, living in Handcock's buildings, deposed to seeing the prisoner and a young girl on Friday week afternoon, at a house in Handcock's buildings. On that evening he saw the prisoner searching for a key among some shavings outside the door ; she was beside him ; the prisoner kicked the girl for some remark she made to him. She then tried to get in at the window, and as she was doing so, the prisoner gave a shove forwards, and to all appearance pushed her in on her mouth and nose, as a noise ensued as if she had fallen on the ground. He (witness) did not hear the girl say anything, but heard the prisoner say one, two, three, and then call for his pipe, and on her not bringing it, be asked her did she know which was the mantle piece. He never saw her alive after that ; she appeared to be quite lame ; he saw the body that was exhumed on Sunday last, but could not swear it was that of the girl. He saw the prisoner on Saturday morning with a kettle and loaf of bread in his hand.

Maurice Roach, stonemason, living in Handcock's buildings, deposed, that he knew the prisoner, and that he saw him in Handcock's yard on Friday week, and a girl with him ; the prisoner bought a load of wood, some of which he chopped, and told the girl to put down a fire ; and burn herself and the house if she fancied it ; he saw the dead body that was found in the house; it was that of the girl to whom he had alluded.

Thomas Hardidge, deposed that he knew the Prisoner when he was in the employment of Balk and brothers, in 1843, for whom he shepherded, he had two females with him then, it was not known whether the elder female was his wife or sister, and the younger one his daughter, the prisoner left that part of the country, and he witness did not see him again until the month of February following, when he met him between Liverpool and the Cowpastures, when he had one female (the young girl) with him, the witness asked the prisoner where was the woman and he said he had left her at Goulburn, he saw him again on the 25th May last, in Lower George street, when be also had the young female with him, he asked him if that was the girl that he saw at the Cowpastures, and the prisoner said it was, and that she was his daughter, when he (witness) replied that she was getting a fine age, to which the prisoner said that she was, and that he had given her a severe beating the night before, she had marks like scabs in her face and appeared to be lame.

William Evans, lodging house keeper, near the Cross keys in Kent street, deposed that the prisoner had a room in his house ; about three months ago, when he had a woman and a girl with him ; the woman passed as his wife, and the girl as his daughter ; they had but one bed amongst them ; after stopping at the house for a week, they left and went up the country. About three weeks ago the prisoner came to witness, and told him if his wife called and inquired for him, to direct her to the house he had taken in Sussex street ; he stated that he had left his wife with her sister at Maitland. Two or three days afterwards he came again and brought the girl who appeared to be unwell, and witness asked him what ailed her ; he said he had sickened her, that two men were about the house after her, and he had beat her for it. He wanted to leave the girl with witness until he took a house from witness and [illegible] for his bed, but witness would not allow her to stop, and she then went away with him.

John Porter, labourer, met the prisoner and girl, on Parramatta road, on Whit Monday, he asked witness about a house, who directed him to apply to Mr. Shears about one in Sussex street, this was the same house prisoner took in Sussex street. Witness was in the house a few days after, but saw no blood on the floor, the girl had scabs and bruises on her face, they were in Sussex street for several days, witness heard no noise in the house ; was in the house the day before the body was found, and saw blood upon the floor and rafters.

Mary Ann Hogden stated that she knew the prisoner and girl, while they were living in Sussex street; the prisoner borrowed a few things from witness until, as he said, his wife came down the country. Did not see any blood on the floor, the girl's face was much disfigured, settled the bonnet and riband produced for the girl ; saw no blood on the bonnet then, but did after the body was found, Never heard the girl any anything bad of her father as she called him. She said one Sunday she had been to chapel with him. Prisoner complained of her bad conduct, and said she was in the habit of going with men, the girl acknowledged she did so, begged prisoner's forgiveness, and said she would do so no more.

Amelia Hobbs, knew the prisoner and girl in Sussex-street, the girl's face was full of scabs, and witness had seen prisoner kick the girl violently. Robert Handcock publican Parramatta-street, let a house to the prisoner, he had a girl with him when he took the house, which was on a Friday, witness did not see the girl alive after that. Neal Jones had known the prisoner for about twelve months, saw him on Friday week with a young girl his niece with him ; he said the old woman was up the country. Witness lived in the same house with prisoner at Maitland, he called the old woman his sister. The prisoner the woman and girl, all slept in one bed, witness asked if the woman was prisoner's wife, and he said no but his sister, Witness saw the girl in the house in Sussex-street, but she did not speak to him, she hung down her head and kept her hands under her shawl.

Michael Hogan stonemason, went in prisoner's house in Sussex-street, on Monday fortnight with a man from Maitland. Prisoner complained of the girl's conduct for going with men, and said he had beat her and cut her head, he showed witness a cap with blood upon it ; he said whatever he did was in vain, he could not keep her from going with men. Constable Lowe went into the house in Sussex street in which prisoner had been living, and saw blood upon the floor and rafters. He produced a piece of paper and a broken plate, with blood and hair upon them.

Mrs. Callaghan produced several articles of clothing, upon which there was blood. Constable Maguire produced a piece of cloth, found in the house in Sussex street, with blood on it.

Margaret Ahern, mother of the deceased girl, stated that the prisoner was her brother, and they had a sister named Johanna, who lived with the prisoner. Witness saw her sister and the girl twelve months ago, when they were living in Maitland ; she wanted the girl, but prisoner would not allow her to take her ; the girl was willing to leave him. They left Maitland about twelve months since ; she had neither seen her child or sister alive since, nor had she seen the prisoner until yesterday week, when he came to her house, and said his sister and the girl had run away from him in the bush ; he said nothing further about them. The prisoner asked her to buy him a shirt, which she did, and he burnt the old one. Richard Brennan, sexton at the Catholic burial ground, deposed to having the body of the girl raised and the mother's identification of it. Margaret Ahern was recalled, and stated that the prisoner, on the last night he was at Maitland, made her drink a cup of tea after which she became suddenly ill with gripes and swelling on the stomach.

Constable Kerr, of the Maitland police, deposed to having apprehended the prisoner at Maitland, who appeared quite agitated when taken. He said he had just come from Windsor, where he had been living with a native, he also said that he had left Sydney on the Sunday morning previous, and got to Maitland on the Wednesday night. The prisoner while drinking some ale wished that be might drop dead where he was standing. When searched he had on him a pound note, a bit of rag which corresponded with an apron produced, and a white powder in a rag which witness believed to be sugar of lead. The prisoner did not say anything about the death of the girl. His clothes had several marks of blood upon them ; he said he wanted the sugar of lead for a swelling or a rupture. Sergeant Adsum, of the Sydney police, stated that he was despatched to Maitland in pursuit of the prisoner, who, when he was apprehended, denied that he had either daughter, niece, or sister ; and he also denied haying been in Sydney. He accounted for the blood on his trowsers and the sleeves of his coat by saying he had wounds on the left shin which had been bleeding. The prisoner said that he came from Sydney to Maitland, that he left his sister at Cassilla, and brought the girl down to Sussex street in Sydney, where he remained seventeen days, and that the girl nine nights out of the seventeen, was out with men ; and that the last night she was out, she got cut and bruised about the head and face. He also said, that finding he could get no good of her, he took a house in Parramatta street and bought a load of wood, where he left the girl, with plenty of tea and sugar, and started for Maitland to tell her mother of her conduct. When the prisoner was put into the cell, he inquired when the criminal court would sit, and on being informed, he said, God bless me, alive today, and dead in a month ;" and said that if he was hung, he would be hung as innocently as he was transported here. He also asked would he be allowed to subpoena witnesses.

Dr. Tierney's post mortem examination was read to the jury, and gave such an account of the injuries which the girl had sustained, and which had caused her death, that it appears almost incredible how she could have lived under them so long. The evidence was in substance the same as that published in the Chronicle of the 7th instant.

This closed the case against the prisoner, who then addressed the jury in his defence at considerable length, protesting that he was innocent of the crime with which he stood charged, and endeavouring to impress upon the minds of the jury, that his niece was a most profligate girl, and constantly in the habit of going out at nights in the company of men ; he also stated that he took the house in Parramatta street on a Thursday, and not on a Friday, as stated by the witnesses and on awakening on the Friday morning he found the girl missing, and as she did not come back, be started on Sunday morning for Maitland overland to tell the girl's mother of her daughter's misconduct. The Coroner then briefly summed up, and the jury, without leaving the box, returned a verdict of wilful murder against the prisoner, who was consequently committed to take his trial for that offence.

The court was densely crowded throughout the whole day, and the prisoner was several times hissed and groaned by the people, whilst making the statements he did, about the unfortunate girl. Great praise is due to the police force for the manner in which the facts connected with this diabolical murder have been traced out by them, and for the immense mass of information bearing upon the case, which had been collected in so short a space of time, and as the Coroner justly, remarked on [illegible] the inquest, the very efficient manner in which the police had performed their duty, would show to others the utter hopelessness of escaping the punishment due to crime.

Sydney Morning Chronicle 14 June 1845
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THE LATE MURDER OF MARY ANN CLARKE.
—INQUEST ON THE BODY.
(From our Correspondent.)
This morning (Thursday) hundreds of individuals who had been disappointed of getting a view of John Ahern, the supposed murderer, on his arrival by the steamer from Maitland on Tuesday evening, in consequence of his being removed therefrom to Goat Island, by the order of the Chief Commissioner of Police, crowded the police office yard and its vicinity at an early, hour, the adjourned inquest on the body of the unfortunate girl, Mary Ann Clarke, having been appointed to be held in the western court of the building, this day.

At twenty minutes to eleven a.m. the jury assembled, and the prisoner, who had been conducted under a strong escort of police, to protect him from anticipated violence from the mob, was placed before them. His appearance was anything but prepossessing, being a man of cadaverous countenance, deeply pockpitted, and strongly marked with an expression of determined hardihood, apparently callous to all outward impressions. He is a native of Fermoy, in the county of Cork, Ireland, of 41 years of age, 5 feet 5 inches in height, and square built. It appeared, from a certificate of freedom, found on his person, that he was tried at Waterford, in the year 1828, for shoplifting, and transported for seven years to this colony. Mr. Rhodius, the artist, was in attendance, and took a sketch of the prisoner as he stood at the bar.

The coroner, in charging the jury, stated that the inquest had been adjourned from the 1st to the 7th instant, and from that until this day, to afford an opportunity of connecting the chain of circumstantial evidence that would be laid before the jury, and in obtaining which, within the time, neither zeal, vigilance, nor activity had been spared on the part of the police, whose enquiries extended to the districts of Cassilis, Windsor, Parramatta, and Maitland, for the purpose of effectively procuring evidence. No less than twenty witnesses were examined, whose testimony went to prove and corroborate the following facts:—That twelve months ago the prisoner, his elder sister (Johanna Ahern, who is missing), and the deceased, who was the daughter of another sister of the prisoner's, named Margaret Collins, aged between thirteen and fourteen years, were living together at a Mrs. Henry's, at Maitland, the prisoner and his elder sister having persuaded the girl's mother to consent to their keeping her, under promises of taking the best possible care of her. When the mother went to them to bring her home, the prisoner beat her ; he prevented the mother and daughter from sleeping together when they lived in the service of Mr. Taylor, of Maitland, and always kept the latter away from her mother as much as possible.

Ultimately they quitted Maitland, without apprising the mother of their intention, who never saw either her sister Johanna or her daughter (until she saw her dead body, after being buried, since she came to Sydney), or the prisoner, until he visited her at Maitland, after the horrid deed. In answer to her repeated and anxious enquiries after her daughter and sister, the prisoner said they had left him in the bush, but he did not say where. He gave her 2s. 6d. to buy him a new shirt, and on taking off the old one rolled it up and burnt it. She attempted to save it from the fire, saying it would be useful for patches, but he would not allow her to touch it. A person named John Connolly, to whom the deceased, Mary Ann Clarke, had been put to service by the mother, on reading the account of her murder in a Sydney paper, happened to see the prisoner, who avoided him, and meeting Constable Kerr, of the Maitland police, shortly afterwards, pointed out the direction he had taken, and had him apprehended. On his way to the lockup he complained of faintness, and begged to be allowed to take a glass of beer at a public-house; while there he said, "if he was found guilty he wished they might twist his neck the next minute;" and afterwards he exclaimed, "I wish I could drop down dead on the spot I stand."

When brought before the police magistrate, he said he had thrown his old shirt away upon the mountains. His coat he had left at his sister Margaret's, and on searching the pockets, a paper of sugar of lead was found, which he said he had to apply to a swelling produced by a rupture, but which, there is strong reason to suspect, he attempted to poison his sister with, as, previous to leaving the house, he caused her to drink some cold tea out of a pannakin, after she was in bed at night, under a threat of breaking the cups and saucers unless she did so ; after which she was severely attacked with vomiting and purging during the remainder of the night, and in the morning he affected not to have heard her, but tried to dissuade her from going out to work, as, he said, she appeared to be unwell.

When in a cell with Serjeant Adson, of the Sydney police, who was sent up to Maitland in quest of him, he enquired when the next Criminal Court would be held, and on Adson answering "in about a month's time" he paused, and then exclaimed, "God bless me! alive to-day, and dead this day month ! for I suppose they will hang me for this as innocently as they transported me."

The remaining portion of the evidence went to prove the taking of the houses in Sussex-street and Hancock's Buildings, Parramatta-street, by the prisoner ; his brutality and tyranny over the deceased ; the finding of the murdered and mutilated body at the latter place ; and the sudden disappearance of the prisoner from Sydney, who, it appears, walked overland to Maitland, after the perpetration of the horrid deed. The prisoner cross-examined the several witnesses with unblushing effrontery, but all his questions went to criminate himself. He told the jury a long, rambling, and improbable tale of unheard of depravity relative to the deceased, which excited the disgust and indignation of the bystanders so much, that they repeatedly interrupted him with a storm of hisses and groans.

The coroner summed up very briefly, and a verdict of "Guilty of wilful murder" was returned by the jury, without a moment's hesitation. The prisoner was committed forthwith on the coronets warrant. He had, however, to be detained until the crowd dispersed, and then to be conducted to gaol by a strong military escort, to prevent him being torn to pieces by an enraged populace.

Maitland Mercury & Hunter River General Advertiser 14 June 1845
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CORONER'S INQUEST ON THE BODY OF MARY ANNE CLARK.
The inquest on the body of Mary Anne Clark, the unfortunate girl whose body was found in the house in Hancock's Court, Parramatta-street, on Monday, 4th instant, was resumed on Thursday morning, at the Police Office. The names of the jurors sworn are, as follows: — Alexander M'Callen, William Jenkins, John Webster, Benjamin Tabsley, Henry Hall, William Simmons, Samuel Penn, David Taylor, Peter Panslow, Christophor Flynn, Thomas Field, Henry Kettle, John Tucker. David Taylor was chosen as foreman. John A'Hern was placed in the dock, charged with the wilful murder of the unfortunate deceased. An unusual croud [sic] had assembled in the Police Yard to catch a glimpse of the prisoner, and the instant the Court opened, at about a quarter before eleven, the rush into the Court was terrific, and every portion of it was immediately crowded. The prisoner is a man about five feet five inches in height, with a stoop in the shoulders, and rather spare figure ; his age is forty-one, his hair brown, and his face slightly pitted with the small pox, the countenance flat and uninteresting, with the exception of the mouth, which had a firm and compressed expression, the eyes grey, small, and deep set, and with that low, dull appearance, seeming to be almost characteristic of the crime of murder ; the general expression of countenance was sinister and bad, the manner and deportment calm and quiet, with but little emotion of any kind. The prisoner on being asked, by the Coroner, his name, replied John A'Hern ; he was unable to write, or to say how his name was rightly spelled ; he was transported in the year 1828, per the ship Eliza, offence shoplifting, sentence seven years, and had since obtained his certificate of freedom ; he was a native of Fermoy, County Cork, Ireland. The Coroner in opening the proceedings, stated the facts of the case as they had come before him, calling the attention of the jurors to the fact, that the whole of the evidence that would be placed before them must necessarily be of a circumstantial character ; there was also one mysterious circumstance, namely, the absence, in spite of the efforts of the Police throughout the Colony, of a person closely connected both with the prisoner and the deceased by kindred and social ties ; this woman, named Johanna Collins, had lived with the prisoner, and passed as his wife, but if he should show that she was allied by a closer tie, inferences would be drawn, on which the result of the inquiry must materially depend. Search had been made in almost every conceivable place for this woman, but no tidings had been heard of her, and in the absence of any evidence, of a bold character, to fix either the actual deed on the man, or any impelling motive to it, very much must depend on the inferences to be drawn from those subordinate facts, which would be brought under their notice, and which, with the exception of the mysterious absence of the woman, wore as complete and full, as the most vigilant Police could make them.

James Clark, whitesmith, living in Hancock's Buildings, sworn. — The prisoner resembled a man who had given me a lock to repair in Hancock's Buildings, on Saturday, the 31st of May ; but I cannot swear to him ; I had only moved to Hancock's Court the previous day ; an old man, like the prisoner, came to me from a house opposite mine, and asked me to come and repair a lock on his door (here the prisoner was taken out and dressed in the clothes taken from him) ; he opened the sash and got through, and I got through after him ; I then took the lock off and repaired it ; I saw no girl with him ; it was between nine and ten on Saturday morning ; on the Wednesday morning after, about seven o'clock, I went into the house again ; I saw nothing of the old man between that time ; on that morning my attention was called, by the neighbours, to the key being on the outside of the door ; and some women asked me to go in, as they did not think all was right, for they had not seen the old man or girl for two days ; I went in, and stood at the bottom of the stairs, leading out of the lower room, and shouted hallo, but there was no answer ; I then went up stairs, and saw some blankets in the corner of the room ; there seemed to be a body beneath them ; I went towards them, and laid hold of the blanket with my finger and thumb, and saw the apparently dead body of a female ; I called out "here is a horrid sight ;" and the women called a policeman, who came up stairs.

Cross-examined by the prisoner. —It was on a Saturday that I mended the lock ; and it was on Friday that I took the house; I took it from Mr. Hancock.

Hermann Facen— I am barman to Mr. Hancock ; on Friday week last, I let a house in Hancock's buildings, to the prisoner and a girl ; it was about one o'clock in the day ; it was Friday, the 30th May ; he was to pay 5s. a week, and he paid one week in advance ; a girl was with him, she followed him in closely ; the girl went and sat down in one of the boxes; she sat there about three hours and a half ; he asked for a gill of rum for himself, and a glass of water for the girl ; he drank it and the girl asked me for a piece of bread and butter ; I said, I had none, and he then bought her some cakes ; she ate one, and then while he was away with the key looking at the house, she came and asked me for another glass of water, which I gave her ; I remarked her hands were very much bruised and scarred ; the nails torn off and bloody ; I asked her what was the matter, but she hung down her head and gave me no answer ; her face was all over bruises and patches ; when he returned he took the girl with him to look at the house ; she rose to follow him, and appeared very lame and stiff ; I said "my girl, what's the matter with you ;" she said she was stiff and tired ; prisoner said she is my daughter ; I asked her if he was her father, and she said yes ; I then asked her, where was her mother, and she said in Maitland ; he then told the girl to come, saying to her, I will put you into the house, and then I'll go and fetch the things from the other house ; he had something more to drink, and then took the girl away ; I did not see her alive after that ; I saw the body of the girl last Sunday morning, it had been exhumed ; it was the body of the girl I saw with the prisoner, and was in the burying ground.

Cross-examined by the Prisoner — It was not on Thursday morning that you came to Hancock's ; it was on Friday, you called for a gill of rum and drank it ; you said nothing about the conduct of the girl ; I did not say she was a "pretty girl" ; you did not say you were a man to be pitied ; you did not say that a poor man was to be pitied, for a girl like her getting out of bed, as soon as you had fallen into a dead sleep ; I did not hear her own, to doing so ; it was on Friday at one o'clock that you came to take the house ; Clarke and you took the house the same day ; you came to me the next day to say that you had paid 9d. for the lock ; I told you I would make it right with the smith.

Charles Cobbey residing in Hancock's buildings— I remember seeing an old man and a girl in the court yard, on the afternoon of Friday the 30th May ; the prisoner is the man ; just after dusk I saw him searching for a key, about the door of the house ; she was beside him ; the old man seemed drunk ; the girl was on the left side of him ; she said something to him, and he lifted his foot, and kicked her backwards ; she then got up and went to the window of the house to get in ; a load of wood was laying underneath it, and she got on it to get in, and put her head through ; she could not do it at first, but staggered back, and he then took and shoved her in through it ; there was a noise as if she had fallen in ; he staid outside looking for the key and muttering ; I did not hear a word from the girl ; I heard him say one, two, three, give me my pipe ; one, two, three, four, do you know what a mantle-piece is ; I saw the man and the girl come out about an hour, afterwards ; she had a shawl on her head when they went into George-street ; she limped very much ; I saw no more of them, till I saw the body of the girl on Sunday morning ; after it had been exhumed ; I cannot swear that it was the body of the same girl that I saw with the old man.

Cross-examined — She got on the wood, to get through the window ; she stumbled back, and then you pushed her through ; you had a candle in your hand, and were drunk.

Maurice Roach, residing in Hancock's Court — I saw the prisoner in Hancock's yard, sometime after dinner, on Friday the 30th May ; he had a girl with him ; he chopped some wood, and told the girl to make a good fire, and burn herself and house too if she liked ; I saw the dead body of the girl in the house, and it was the body of the girl I heard the prisoner speaking to.

Cross-examined — There was no one with me when I heard the conversation, I was about ten yards off you.

Thomas Harbidge, assigned to Mr. James Hooper, of Kensington. — I knew prisoner in the employ of Messrs. Bolton Brothers, near Wellington Valley, in the year 1843 ; he was employed as a shepherd, and had two females with him ; the elder I saw, but should not know her again ; it was not known whether she was his wife, sister, mother, or what, and the youngest went as his daughter, but was not known to be so ; they all lived in one hut, but I never saw them in it ; I left that part of the country in May 1843 ; I left the prisoner there ; I next saw him in February, 1844, between Liverpool and the Cowpastures, about 4 miles from Liverpool ; he had only one female with him there — the girl ; called to him from over the fence where I was herding cattle ; I asked him where the woman was that he had with him at Bolton's, and he said he had left her at Goulburn ; I saw him again this day fortnight, the 29th of May, down by Gaunson's, the grocer's, in George-street, with the younger girl ; I said, "good morning, a'Hern," and he said, "good morning, but you have the advantage of me ;" I told him who I was ; I said, "your daughter is getting a fine age now ; he said, "yes — I gave her a severe beating last night ;" her face was marked and scarred, and her neck stiff ; I asked him where he had been since he left Bolton's, and he said "at Mr. Hood's, adjoining Bolton's station ; he asked too if I were married, and then looked at the girl, who laid her head against the wall, and looked at me ; as soon as I heard of the murder, I went and saw the body in the yard at Hancock's, and identified it as that of the girl with A'Hern.

Cross-examined by the prisoner. — It was opposite Mr. Gaunson's door where I met you ; I was about my master's business ; she had on a straw bonnet, and her neck appeared very stiff from a beating ; when I met you on the Liverpool road, I asked you to go and have some refreshment ; I did not say that I had a "chop" for you ; I did not say that I had a watch and a suit of blue, which I would let you have for a mere nothing ; there were marks on the girl's face when I met her on the 29th of May. William Evans, lodging-house keeper, near the "Cross Keys," in Kent-street.—I know the prisoner ; I recollect him renting a room in my house about three months ago ; he, and a woman and a girl ; I do not know what his name was, but I called him Paddy ; the woman said his name was Paddy, and she passed as his wife, and the girl as his daughter ; they slept in one room ; I never saw them in bed ; they were as well behaved people while in my house as I would ever wish to have in it ; the girl was very well ; they came to, get necessaries, and then went up the country ; they staid about one week ; about three months after, he came to my house again ; about last Thursday or Friday fortnight, and told me that he had got a place down by where the Maitland steamers came in, and that if the woman called to enquire, to send her to him there ; he had no one with him when he came the second time ; I asked him what made him leave the old woman behind ? he said "I left her with her sister, in Maitland ;" two or three days after, he came and asked me if I had a place to rent ; I told him I had a little place at the back which the people were going to leave ; he had the girl with him ; she was muffled up ; I asked what was the matter with her, and he said she was sick ; "what made her sick ?" said I ; he said "I sickened her ;" I asked him what he had beat her for ? and he said two men had come to the window whilst he was out, and tried to get in ; I said he should'nt [sic] beat her for that, as it was not her fault if the men came there ; he said "never mind ! I sickened her ;" I did not see the girl again.

Cross-examined by the prisoner. — You did not tell me that you wanted the place, because the girl was, too well known down at the other place ; you did not say that she used to go out at night, and go with all the men she could ; you did not say a word about your, wife having left in consequence of the misconduct of the girl.

John Porter, residing at Mr. James Spears', publican's, corner of Erskine and Kent streets. —I know the prisoner ; on Whit Monday, I was out in the bush getting a load of wood for my master, and I met the prisoner; he had a little girl with him ; it was just by Tavener's public house, on the Parramatta Road ; they overtook me and we just spoke to each other ; he asked me something about a house, and I told him to call at the corner of Kent and Erskine streets ; when I got home, I found he had called, and got the key of a little house off Sussex-street ; the next morning, about nine o'clock, I saw him in the yard, and I said, "well master, how do you like the little gunyah ?" he said very well, and asked me to give him a bit of wood, which I said I would ; I saw the girl then and for several days after ; she had a scar on her cheek ; but appeared fresh and well ; I had not been in the gunyah for a fortnight before the prisoner took it ; I never saw the prisoner before the day he took the house ; I heard no screams or noise of any kind from it ; I went into the house to have a smoke three or four days after the prisoner had taken it ; I went into the front room ; it was floored ; there were no tables or chairs there, and there was no blood on the floor ; I was in the house on Tuesday night week ; I observed marks of blood on the floor ; on one of the rafters there was blood.

Mary Anne Hogden, wife of Robert Hogden, residing in Sussex-street. — I remember the prisoner ; he resided in one of Mr. Spears' houses, in Sussex-street ; to the best of my recollection, on Whit Monday he came with a girl and looked at the house ; he asked for the key, and my husband told him where to get it ; he got the key, and afterwards came to ask for a broom to sweep the house, and also for some things, to do with, as he said, till his woman came down the country, where he said he had been shepherding ; I said I would do so, and he thanked me ; I was in the house a fortnight before he took it, and a few days after he had been in it ; I saw no blood on the floor, or elsewhere ; I saw the girl there, on the first day they came ; she seemed to be almost 14 years of age ; there were marks on her at first ; she was much disfigured in the face ; he passed as her father, and on the Saturday after they came there, he brought me a straw bonnet and some ribbon, and asked me to put the ribbon on ; I told him to leave it and I would do it and bring it in ; I took it in, and the prisoner was sitting in the house with the last witness ; the bonnet produced is the same bonnet, and the ribbon is the same as the one I put on ; I did not see the blood stain on the bonnet which it bears now, and I don't think it could have been on then ; I saw the body of the girl in Hancock's Buildings ; I think it was the same I saw with the prisoner ; the print gown she had was the same ; I saw the girl several times, and spoke to her ; she never said anything ill against the prisoner, but spoke of him as her father ; on the Sunday she came in, I asked her if she had been at chapel ; she said she had, and had been to confession ; I asked her what she had toe confess, and she told me her father had been with her ; on the Monday morning, the prisoner, who was in the habit of coming to cut me some wood in the morning, told me that the girl had given him great trouble, and seemed as if he were ashamed of telling me what it was about ; he said he had found out that she had been cohabiting with two men, and that he had made her go with him and show him the house ; he then brought the girl into the house to me, and told me of it before her face, and she acknowledged it ; she did not seem particularly frightened at him ; he kept asking her if what he said was true, and she said it was ; she appeared to answer frankly, and I felt confident what he said was true ; she said, "let's have no more of it, and I'll forget all I have done amiss, and be a good girl ;" I could not say that I ever heard any noise ; he told me, that there were two other men after her ; she went down on her knees and asked his pardon ; I don't think she was at all a simple girl.

Examined by a Juror. — I never had any conversation with the girl in the prisoner's absence ; but he used to send her to the house alone.

Amelia Hobbs, daughter of Charles Hobbs, residing in Sussex-street — I think I have seen the prisoner ; he stopped at a house in Sussex street, and had a girl living with him ; I saw him kick her once as I was coming by ; she was sitting on a seat they had made of a board ; it seemed a violent kick ; she did not tumble down ; there were marks and scabs nearly all over her face ; it is about a fortnight ago since I saw him kick her ; I heard him tell, her to go and take her cap off, and something else, but I did not hear what it was. Robert Hancock, publican — I know the prisoner ; my man let one of my houses to him last Friday week ; I saw the girl with him ; she seemed very ill, and held her head down.

Neale Toner, confectioner — I have known the prisoner about twelve months ; I saw him last Friday week, in Sydney — down in Sussex-street ; he said he lived there, and took me into the house ; I saw the young girl there that he took from Maitland, and I asked after the old woman ; he said she was in the bush ; she was his sister, and her name was Johanna ; I lived in the same house, in Maitland, with the prisoner, Johanna, and the girl ; I had lived in a room at widow Henry's eight months, and when I came back from Patrick's Plains Races I found they had taken the room, and I then lived in another room ; he called her his sister, and it is about a year ago ; they all slept in one room, and in one bed ; I saw them all in bed together one morning ; I asked him if it was his wife ; he said no, it was his sister, and I then said it was a queer thing for him to sleep with his sister and his niece ; they seemed on very good terms ; when I went into the house in Sussex-street, I asked if that was the young woman, and he said yes, and she pulled the bonnet over her face ; he said he was going to leave the house that day, and she seemed desirous to prevent me looking at her ; I did not see her again till Thursday morning, when she was lying dead in Hancock's house ; I recognised her at once ; when he said he was going to leave the house, I said I would not mind taking it ; he said I had no call to be looking at it, as another man had already taken it ; he seemed in a hurry, and as if he did not want me to stay.

Cross-examined by the prisoner — It was just opposite your house where I saw you ; you did not ask me to go in ; I saw you and your sister, and niece, in bed together in the room in Maitland ; the females were lying with their feet one way, and the man with his the other ; it was about eight o'clock in the morning.

Michael Hogan, stonemason, residing at the corner of Erskine and Sussex-streets — I know the prisoner by sight ; on last Monday fortnight the prisoner asked me into his house, and I went in, and a man from Maitland, named Henry, went in with me ; he was complaining of the conduct of the girl, who, he said, would, in spite of all he could do, go out after other men ; he said he had beat her on the previous night, and showed them a cap with blood on it ; there was only one spot on it ; he asked the girl if it was not true, and she said yes ; the girl was in the inside room, we were in the outside ; he asked the girl if she knew who he had got there, and told her it was the son of Mrs. Henry, whom they used to live with at Maitland ; he then told Henry how he had beat her at a station in the country, and cut off her hair, to cure her of misconduct, when he again asked her if it was not true, and she said yes ; I did not see her, but I believe Henry did after I went out; he said he slept with his head against the door, to prevent her going out at night, and that he had fastened it with a piece of iron, but it had been forced open.

Cross-examined — You said you cut her hair off to shave her ; you did say you cut her head ; you did say that Henry was the first cause of her going wrong ; Henry denied it, and said he would ask the girl ; he did ask her, and the girl said that she went into the bed where Henry and another man were, but that Henry would not stay ; you came to me afterwards, to my own house, to look for Henry, and I told you he was gone to Maitland, when you said you were sorry, as you wished to have told him not to tell his mother of her misconduct.

John Lowe, constable — On information I received, I went to a little house of Mr. Spears, in Sussex-street, last Tuesday week ; I went in and saw the marks of a quantity of blood on the floor, as if it had been wiped up ; there was blood on the walls, and on one of the rafters ; the piece of paper I produce, covered with blood and some hair on it, is off the wall, and also the piece of rafter, also other articles, amongst which was a broken plate, all blood stained.

Mary Anne Hogden, re-called — I told constable Lowe that there was blood on the walls of the house where the prisoner lived ; I did not shew him the house ; some person was taking the paper off the wall yesterday, I believe it was constable Lowe.

William Callaghan— I produce sundry articles I found in the house where the girl lay, consisting of a shirt, an apron, a handkerchief, and a piece of calico, stained with blood, a shawl, bonnet, plaid petticoat, Hyde Park jacket, two caps, and other articles.

Thomas Maguire — I went to the house in Sussex-street ; constable Lowe was there, and brought the paper and the piece of rafter produced away ; I produce part of a cap, soaked with blood ; also a piece of cloth similar to that of the grey jacket found in Hancock's house, and which fits into a cut part of the back of the jacket ; their is blood on the sleeve and back of the jacket.

Margaret A'Hern — I reside at Maitland ; am an unmarried woman, and the prisoner is my brother ; I am mother of Mary Anne Clark, the deceased girl ; her name was Mary Anne Clark, and, as near as I can tell, she was between 13 and 14 years of age; I had a sister, Johanna A'Hern, who lived with the prisoner ; I saw the prisoner, Johanna, and my niece together, about twelve months since last Maitland races ; they were in Maitland, living at Mrs. Henry's ; I went one evening to their lodgings, to get my child ; they were in a little room inside ; I did not bring the child home, for my brother would not let me, but beat me ; as far as I know, Johanna did not pass for the prisoner's wife ; the child was willing to come with me ; he said that he would take great care of the child, and that I was unable to maintain her ; I live at Maitland, with a man of the name of Collins, and I could have maintained her ; I left Sydney about three years ago, and when I went to Maitland I put the child in service at Mrs. Connolly's, who gave her 1s. 6d. per week ; shortly after, my brother and sister came up, and asked where the child was ; I told them, and they said they were going up the country, and would take her with them ; they did so, and kept the child with them till they came hack to Mrs. Henry's ; I then wanted to get the child back ; it is about twelve months since they left Mrs. Henry's ; they all went away together, but I did not know they were going ; I have not seen the child alive, or my sister Johanna, since then, nor have I seen my brother since then, till very lately ; yesterday week was the first time I saw my brother since they went away, and I then saw him at Maitland ; he came to the house, and Collins, who was in the shop, shop, saw him first, and called to me — "Here 's Jack ;" I asked him to come in, and before he sat down, I inquired where Johanna and the child were ; he said they had ran away in the bush ; I asked him where, but he said he could not tell the name of the place ; I asked him again, but he gave me no more information ; he did not tell me anything about Johanna or Mary Anne ; he did not say he had been in Sydney, nor did he say where he came from ; I thought he had left the child outside the town, as he was always afraid I should keep her from him ; on Friday I left the prisoner in my house, and have not seen him since ; I heard nothing of a murder till Mr. Connolly read me something of a murder from the paper, and told me he thought my brother should be taken into custody ; the prisoner asked me to buy a shirt for him, and gave me 2s. 6d. for it a short time after he came in ; I went and fetched it, and he took off the one he was wearing, and put it on the fire ; I told him not to burn it, as it would do for patches, and went to take it off the fire, but he said it was a rotten old thing and would burn it ; he would not let me handle it at all, and I did not see whether there were any marks on it or not ; I go by the name of Mrs. Collins; I heard of my brother having been arrested ; I did not see him after he was arrested till now ; I came from Maitland on Saturday night I went to a grave yard in Sydney, and saw a body taken out, which I swear was the body of my child, Mary Anne Clarke.

Cross-examined by the prisoner — When you came to my house, you had your jacket under your arm ; I never did ask you to take the child for charity ; you never sent her from Mrs. Henry's to me, except for a quarter of an hour ; you never told me that you were afraid of sending her to my house for fear that Collins should take advantage of her ; the girl always appeared very much frightened at the prisoner ; he never offered to send the child back, either by message or otherwise ; about eighteen months ago, I lived under a man named Taylor, at Maitland ; prisoner lived at the same house with my sister and the child, but would not allow her to sleep with me ; she slept in a bed by his, on the floor, with my sister Johanna ; but he had a separate blanket from them ; I wanted the child to sleep with me, but he would not allow her ; the child's name is Clarke, and not Read.

Michael Brennan— I have charge of the Roman Catholic Burial Ground ; a body was exhumed on Sunday morning ; it was the same body which had been viewed by the Jury on the 4th Instant, and is the one seen by the last witness ; when she saw it, she said it was the body of her daughter. Margaret A'Hern, recalled — The hair I produce, I cut off the body of my child ; it is quite short, and all the hair was of the same length ; when I saw her twelve months ago, she had a fine head of hair ; the hair shewn to me on the paper taken from the wall of the house in Sussex street, seems to be of the same shade as the hair I cut from my child ; the last night I saw my brother in Maitland, we had some tea, and a cup of tea was left on the table ; he came and tried to persuade me to drink it several times ; after that in the night, I was taken very ill, with intense pain in the stomach ; I went out, but my brother did not awake ; the next morning he remarked that I was ill, and I told him he must have slept very sound not to have heard me.

Thomas Kerr, constable in the Maitland police. — I obtained information of a supposed murder in Sydney ; I obtained information from a man named John Conolly, that he wanted me to take a murderer, from Sydney ; he described him to me, and I followed him and took him into custody, as he was leaving Maitland by a bush road ; he had on a straw hat and the clothes he has now, but no jacket ; when I saw him I told him to return ; he said, "what for ;" I said, "Jack the Nailer wants you ;" and he came back, and when Conolly saw him he said it was the man ; I then put the handcuffs on him, and told him he was charged with murder ; he said he had been living in Windsor with a native of that place, and, on my questioning him, admitted he had been in Sydney lately, and had left it on Sunday morning at eleven o'clock, and come to Maitland on Wednesday night ; he wanted to go for his jacket, but I would not let him, and I then took him to the watchhouse ; I believe Conolly told him it was Mary Ann he had murdered ; he appeared much agitated and pale, and said he was faint, and asked me to let him have a glass of beer ; I took him into the — Arms, and gave him a glass of ale ; I then searched him, and he had in his pocket a certificate of freedom and a one-pound note ; I also found a piece of print corresponding with one of the pieces found in the house in Hancock's Buildings ; whilst he was drinking the ale, he said if he was found guilty, he hoped they would twist his neck the next moment ; he then expressed a wish to drop down dead ; I went to get his coat, which I got on my way to the watchhouse ; I observed stains of blood on his waistcoat, and there was also some on the inside of the collar ; I also found blood marks on the trowsers ; he had a new shirt on, and on asking what he had done with the old one, he said he had cast it away on the mountains coming from Sydney ; I found in his coat pocket a ribbon of a hat and a small cloth containing sugar of lead ; he said he had bought it to make a wash for a rupture he had ; there were stains of blood on his coat and on his hat.

Mr. Adson, Serjeant of Sydney police. — I went to Maitland on Thursday ; I arrived there on Friday ; the prisoner was apprehended whilst I was between East and West Maitland ; I asked him if he had a wife, a sister, a daughter, or a niece, and he said, "No ;" I asked him how he accounted for the blood on his clothes ; he said he had hurt his shin ; when he was in the watchhouse I took his right boot off, and found a spot of blood on the toe, also spots of blood on the trowsers ; the prisoner fell on his knees, and said he would tell all about it; he said he left his old sister at Cassilis, and he heard since that she was at Patrick's Plains ; the little girl he said he took with him, and described her bad conduct along the road; he said he took a house in Sussex-street, and staid there seventeen nights, out of which, nine, she staid out, and that the last night she came home much bruised and cut ; that afterwards he took another house in Parramatta -street; but finding that he could not keep her in, he had left her there with plenty of tea and sugar, and came up the country on foot ; after Mr. Day had left him, I was alone with him for nearly an hour ; I cautioned him not to say anything to criminate himself ; but he kept on talking ; he asked me how long it was to the Criminal Court, and I told him about a month; he replied, "God bless me ! alive to-day and dead this day month ;" he complained of being very weak, and asked me to send for a priest, saying he had better make the best use of his time, as he supposed he should be hanged as innocently as he had been transported.

Cross-examined by the prisoner — You did not tell me what took you to Maitland ; you talked a great deal, but I don't think you said you had come to tell the mother of the girl having turned out badly.

Daniel Joseph Tierney, surgeon — On Wednesday, the 4th instant, I viewed the body of a young female, named Mary Anne Clark, about fourteen years of age, lying in the upper room of a house in a court off Parramatta-street ; the body was lying on the right side, the face towards the wall ; the appearance dirty ; there was a large wound in the scalp, over the superior portion of the frontal bone ; two very large wounds on the posterior part of the scalp ; there were several external marks on the forehead, temples, nose, cheeks, and chin ; the ears appeared as if they were diseased, or had some injuries of some standing; the nails of the thumb and the middle finger of the left hand were off ; part of the nail of the fore or index finger of the right hand was off ; there were several deep contusions on the hands and arms ; the neck, chest, sides, and abdomen, were much bruised, as well as a considerable contusion on the left breast ; the pubic portion of the abdomen was very extensively bruised, as well as the thighs and legs, as if deceased had been kicked ; in making the post mortem examination, I found, on raising the scalp, a mark or cut on the frontal bone, corresponding with the wound of the scalp, and two marks on the occipital bone corresponding with the wounds of the scalp in that region, as also a small piece of the bone was chipped off, and other slight indentations ; the membranes covering the brain were inflamed, and a very extensive effusion of blood was observable upon the brain, particularly on the posterior part, and clots of extravated blood were collected there ; in and underneath the muscles covering the chest there were quantities of extravasated blood; there were slight adhesions of both lungs, particularly the right one, which was very unhealthy, great effusion of blood having taken place into the substance of the right lung ; there was also considerable hemorrhage ; the right lobe of the liver was diseased ; so was the spleen ; the latter was gorged with blood ; deceased died from the effects of the violent injuries mentioned in the foregoing statement I have no doubt but that some person often cohabited with her ; as to the appearances of deceased, and the house that she was found in, as also the one she was supposed to have lived in off Sussex-street, I have to observe, that there was a regularity about the way in which she was laid, that indicated that she was covered by some person after death ; there were human excrements in a tin quart pot in one of the corners of the room, as also on the boards, the latter had the appearance as if deceased were dragged along the floor, and there was a cloth smeared with faecal matter ; these circumstances I mention for the purpose of pointing out that deceased may have been compelled to remain in the room, or that some other party used them by day, sooner than run the risk of being observed going to or from the house, but I am more inclined to believe the former supposition ; in a small house in Sussex street, Inspector Moore showed me the marks of a quantity of blood upon the floor and splashed upon the walls ; the plaster of the walls was recently broken, apparently from the blows of some sharp heavy instrument ; it is possible that deceased may have received the injuries of the head in that house, and be able to go to Parramatta-street afterwards ; one circumstance alone makes me think such might have taken place, that is, that there was very little blood on the floor or about the clothes of deceased when discovered ; I am rather tenacious in giving this opinion, fearing the blood in the house in Sussex-street may be that of some other individual ; I believe the instrument by which the wounds of the skull were inflicted, must have been a sharp cutting instrument, but one of the marks on the wall in the house in Sussex-street shows that the instrument used there was one of a heavy nature, such as a tomahawk ; if it was the latter instrument with which the wounds were inflicted on the scalp, it is very, probable that the bones of the skull would have been more injured ; I cut some hair off the head of the deceased, and have compared it with the hair of the bloody paper produced by constable Lowe, and find that it is of the same colour and shade ; I think that, the wounds on the head, breast, or abdomen, would either of them have caused death ; they were certainly the effect of violence, and could not have been produced by the hand only ; the wounds on the head might have been inflicted four or five days ; the large wound on the back of the head was a gaping wound, and no operation of nature towards healing had taken place.

The Coroner called upon the prisoner to know if he had any thing to say why he should not be committed to take his trial, upon which he entered into a long narrative of his adventures with the girl, detailing the most extravagant descriptions of her propensity to vice which it is possible to conceive. He stated that the last place where he lived with his sister and the girl, was at Mr. Cope's station, at Cassilis. That having discovered that the girl had been guilty of misconduct with the men on the station, he determined to leave, and that Johanna had been too much ashamed of the conduct of her niece, to accompany them. That he then brought the child down the country, and that at every station the child used to steal from him in the night, and commit the most shameful extravagances, all of which she related to him afterwards. On his taking the house in Sydney, he said she continued her behaviour, and that she told him that nine nights out of the first fourteen they staid there, she was out with two men in Market street, and with other men. That to stop her, he moved to Parramatta-street, but that on the first night of their sleeping in that house, she ran away, and did not return on Saturday or Sunday, and on the latter day he resolved to travel to Maitland, to acquaint her mother. On his arrival there, he found the mother had just been confined, so that he did not tell her, for fear of making her ill.

The Coroner, in summing up, remarked on the inconsistencies and extravagancies of the prisoner's defence, as utterly opposed to all his own previous statements, and the evidence of the witnesses, and so entirely inconsistent with every feeling and passion of our nature as to be utterly unworthy of credit.

The Jury, without retiring, instantly found a verdict of guilty of wilful murder, when John A'Hern was committed to gaol to take his trial, whither he was escorted by a strong guard. The Coroner, in the course of his observations, remarked on the ability and industry which had been displayed by the police in tracing out this intricate affair ; and we are glad to add our testimony to a very commendable degree of intelligence and activity exhibited by the force throughout.

The Australian 14 June 1845
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THE LATE MURDER.—
TICKET OF LEAVE HOLDERS.
In reference to the late barbarous murder of Mary Ann Clarke, we have been informed that the man Collins with whom the mother of the deceased is living in a state of adultery at Maitland is a ticket of leave holder. Had not this been the case, she perhaps might had a more watchful eye over the conduct of her daughter, and it is possible that this cruel murder might not in that case have occurred. We think the fact of Collins cohabiting with this woman should be looked into by the authorities if it is correct, as we have been informed that he is a ticket of leave holder. This is not we believe, the only instance of ticket of leave holders living in a state of adultery with married and unmarried females, in Sydney as well as in the interior.
 . . . 
JOHANNA AHERN.—Intelligence was received on Saturday by the Sydney police, that this woman, the sister of John Ahern, who was last week committed for the murder of his niece, Mary Ann Clarke, is at present living in the Maitland district.
Sydney Morning Chronicle 18 June 1845
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The Late Murder.—The woman Johanna A'Hern, the sister of the man committed for trial last week, for the murder of Mary Anne Clark, and concerning whom serious apprehensions were entertained of her having shared the fate of her unfortunate niece, has been discovered to be living, and in service, a short distance from Maitland. She will doubtless be brought down as a witness, at the trial of A'Hern at the approaching criminal Sessions.
The Australian 19 June 1845
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Johanna Ahern.—From circumstances elicited at the inquest on the body of Mary Ann Clarke suspicions were entertained that he had also murdered his own sister, she being missing. Since then, however, her sister, Mrs. Collins, of this town, has received a letter from her, by which it is known that she is alive and well, at no great distance from Maitland. In the letter she inquires after "Jack" (Ahern) and the girl, saying she had not heard of them for a long time.
The Maitland Mercury 21 June 1845
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THE CALENDAR.
THE Session of the Central Criminal Court commences this day. The list below is taken from the calendar, being a list of persons awaiting trial in Her Majesty's Gaol, Darlinghurst:—
John Ahern, committed at Sydney, on June 12th, for wilful murder.
The Sydney Morning Herald 7 July 1845
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MARRIED
On Saturday, the 5th inst., by the Rev. Mr. Maenhaut, Mr. DANIEL AHERN to Miss ELLEN MINCHIN, youngest daughter of Capt. Henry Taylor Budd, all of this city.
The Daily Picayune 10 July 1845
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CENTRAL CRIMINAL COURT.—This Court was occupied during the whole of yesterday in the trial of the man Ahern for the murder of his niece ; the case was not terminated until about half-past one o'clock this morning, when a verdict of Guilty was returned, and sentence of death passed on the prisoner.
The Sydney Morning Herald 12 July 1845
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The Prisoner A'Hern.—The prisoner John A'Hern, committed for the murder of Mary Anne Clark, stood his trial yesterday. He was defended by Mr. Darvall. The trial lasted from ten o'clock on Friday morning till two o'clock on Saturday morning, and the Jury, after deliberating for half an hour, found a verdict of guilty, and his honor the Chief Justice passed upon him the awful sentence of the law.
The Australian 12 July 1845
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LAW INTELLIGENCE.
CENTRAL CRIMINAL COURT.
Friday.
Before his Honor the CHIEF JUSTICE.
WILFUL MURDER.
   John Ahern, late of Sydney, labourer, was indicted for having, on the 31st day of May, 1845, feloniously assaulted one Mary Ann Clarke, by striking, beating, and kicking her in various parts of the body, and by casting and throwing her against the ground and wall, thereby inflicting upon the said Mary Ann Clarke, certain mortal wounds, bruises, and contusions, from the effects of which the said Mary Ann Clarke then and there instantly died. A second count of the information charged the prisoner with having murdered the said Mary Ann Clarke, by striking her on the head with a blunt instrument, to the Attorney-General unknown. A third count described the murder as having been committed by striking the deceased on the head with a sharp instrument.
   The prisoner pleaded not guilty.
   The ATTORNEY-GENERAL conducted the prosecution, and Mr. DARVALL appeared for the prisoner.
   The ATTORNEY-GENERAL opened the proceedings by briefly stating the circumstances of the case, as already communicated to the public by the reported proceedings at the coroner's inquest.
   Armand Fancia, barman to Mr. Hancock, of Parramatta-street, was then called, and stated, that he remembered the prisoner coming to the public-house in question, on Friday, the 30th of May, accompanied by a girl; the prisoner called for a gill of rum, which he drank himself and obtained a glass of water for the girl ; the prisoner afterwards enquired about some houses which were to let in Hancock's buildings, to the rear of the public-house, and obtained a key from witness to examine them, after which he took one of the houses alluded to, paying a week's rent of five shillings in advance. While the prisoner was away looking at the house, the girl asked witness for another glass of water, when witness observed that her face was much bruised and scratched, and that her hands were wounded and bloody, with some of the nails torn off. Witness asked the girl what was the matter with her, but received no answer, and was prevented from observing her more closely in consequence of her holding her head down, and the natural concealment of her face by her bonnet ; he saw, however, that her head was covered with a nightcap ; and when, at the prisoner's request, she rose for the purpose of going to look at the house, witness observed that she was stiff and sore. He (witness) again asked her what was the matter, and she replied that she was very stiff and sore. The prisoner said that the girl was his daughter, and the girl herself confirmed the assertion. While at the publichouse the prisoner asked for a piece of bread and butter for the girl, and witness having none to give her, prisoner bought her some cakes and oranges from a hawker. Witness saw a body exhumed in the Catholic Burying-ground, about ten days afterwards, and identified it as the body of the girl he had formerly seen with the prisoner. The prisoner and the girl went into the house the same evening, and witness saw the prisoner next day, when he spoke of having had the lock of his door mended, for which he had paid nine-pence, which was allowed by the witness.
   By Mr. DARVALL : The houses in the rear of Mr. Hancock's house were a row of small tenements, each having two rooms and a door ; there were eight of these houses situated in two rows on either side of the way, the space between them being about thirty or forty feet ; the windows, of which there were two in each house, had no shutters to them ; the houses fronting the one occupied by the prisoner were inhabited ; the prisoner's residence was the corner house of one of the rows, with a house on one side of it inhabited by a stonecutter, but no house on the other side. Prisoner was not present when witness asked the girl what was the matter with her, or when she complained of being stiff and sore.
   Charles Cobby, stonemason : Resided in Hancock's yard at the latter end of May, and saw the prisoner accompanied by a girl look at the houses which were to let ; saw him take the key of one of the houses, after which prisoner purchased a load of wood and had it thrown down in front of the house, both the prisoner and the girl then went in, and in the evening witness saw them both in the lane ; prisoner had a light in his hand and appeared to be looking for the key of the door, the girl was stooping or sitting down near, and coming afterwards towards the prisoner, the latter kicked her so that she fell backwards; the girl then rose and got over the wood so as to get in at the lower window, at first she fell back apparently from weakness, but as she was making a second attempt, prisoner pushed her forward so that she fell inside, and witness heard a rumbling noise as if she had fallen on the floor; prisoner who was still outside with the candle searching for the key exclaimed "one, two, three, give me my pipe ;" he then looked round apparently for the purpose of seeing whether he was observed, and afterwards exclaimed, "one, two, three, four, do you know what a chimney piece is." About ten minutes after this the prisoner and the girl came out, and went away towards George street ; this was the direction which would probably be taken by any person desirous of going to Sussex-street ; witness never saw the girl alive after this, but had recognised her body when it was exhumed ; the last time witness saw the prisoner was in the yard, about ten o'clock on Thursday morning, he was then going towards the house, but witness did not see where he went to ; prisoner appeared to be labouring under the influence of liquor on the evening alluded to ; witness was standing with Brennan, the sexton of the Catholic Burial Ground, at the time the prisoner kicked the girl, but did not interfere ; witness heard no noise in the house on Friday evening, but returning home on Saturday night witness saw a light in both rooms of prisoner's house. On Saturday witness saw the prisoner put a loaf of bread and a pannikan in at the window.
   This witness was cross-examined at considerable length, without materially affecting his testimony.
   Maurice Roach : Lived along with the witness Cobby, in Hancock's Yard, on the 30th of May ; in the afternoon of that day saw the prisoner and the girl looking at the house ; saw him afterwards bring a load of wood and chop it up, after which he told the girl to make down the fire, and to "burn the house, and herself too, if she liked ;" saw that the girl's face was scratched ; heard her tell the man to come in, adding, that she would chop the wood herself; saw neither of the parties at any time on Saturday, but saw the prisoner on Sunday morning going out of the yard. Was in the house on the following Wednesday when the body was found, and on subsequently seeing the body, witness identified it as that of the girl he had seen with the prisoner.
   James Clark, locksmith : Remembered repairing the lock of the prisoner's door on the Saturday morning, and was paid 9d. for the same by prisoner ; did not see the girl at the time ; on the following Wednesday went into the house and discovered the body ; the key was outside, and the door on the latch ; the body was lying on a bed in one corner of the upper room, covered by a blanket, and a bonnet was lying in the opposite corner of the room; witness merely lifted a portion of the blanket, and seeing that it was the body of a female which it covered, he gave the alarm, exclaiming, "here's a horrid sight."
   By Mr. DARVALL : The prisoner did not in any manner prevent witness from going into the house, and looking about when he went to mend the lock ; this was on a Saturday ; there was a light in the upper room on Friday evening, which was observed by his (witness's) wife.
   Thomas Harbridge, ticket-of leave holder for the district of Bathurst : Knew the prisoner in 1843, when he was employed as a shepherd by Messrs. Bolton Brothers, at Wellington, at which time he had a woman and girl with him, one of whom was supposed to be his wife and the other his daughter. In February, 1844, saw prisoner and the girl on the road between Liverpool and the Cowpastures ; witness asked prisoner to come to the hut and take some refreshment, which he refused, and stated that he had left the elder female at Goulburn. On the 29th of May, witness met the prisoner in George-street; the girl was with him. Witness remarked that his daughter was getting a fine age, to which the prisoner replied "yes, I gave her a good beating last night." The girl leaned her head against the wall to look at witness, and appeared to have some difficulty in moving her head. Did not see the girl alive since that time, but had since identified her body, at the house in Hancock's yard.
   By a Juror—There were scratches or bruises on the right side of the girl's face.
   By the Court—The girl was about fourteen years of age, and was of middle stature.
   Constable James M'Keon, corroborated the testimony of the witness Clark, as to the appearance of the body ; and having been the first to visit the spot after the discovery had been made, witness saw a small piece of billet-wood there, but it had no marks of blood on it, nor was there anything about the place which appeared to have been used as a weapon. Saw no article of food except some bread, but believed there was some tea and sugar there ; saw a pannikin there. The body was wholly covered by the blanket. Witness remained in charge at this place till twelve o'clock.
   By Mr. Darvall-The position of the body was like that of a person asleep. If the girl died there she could not have struggled in dying.
   James Clarke recalled-The head of the deceased was covered with the blanket in the same manner as a person might cover himself on a cold night to keep himself warm.
   William Callaghan, coroner's constable, produced a number of articles which he had taken from the room in which the body had been found, among these things were a piece of calico saturated with blood, and an apron with similar stains upon it. A bonnet was also found which exhibited a stain of the same kind. A gray jacket was produced of the kind usually worn by prisoners, and bearing a stain like blood ; this was found about a yard and a half from the body. The blanket, the witness said, was not stained with blood until after the post mortem examination had been made. The evidence of this witness was very vague and unsatisfactory, as he appeared to have made so slight an examination of the place in the first instance, that he was unable to speak as to the articles being in the same state when he brought them away on the Thursday.
   Constable M'Keon was then re-called, with the view of making the evidence stronger in this respect, but he also appeared to have taken but slight notice of the state in which the things then were. The witness Clark was also re-called with a similar view, but stated that he had not particularly noticed any of the things produced, with the exception of the bonnet.
    [At this and subsequent stages of the trial, several remarks were made by the Chief Justice, the Attorney General, and some of the Jurors, upon the want of care and attention which had been manifested in the getting up of this case, inasmuch as the constables in charge of the premises, who appeared to have been continually changed, had none of them taken pains to observe that the appearances of the place where the body had been discovered had been preserved unaltered, and so far from doing this, had not even taken the pains to satisfy themselves as to what these appearances were.]
   Dr. Tierney : Had been called in to examine the body of deceased on Wednesday, the 4th of June, and found the body lying on its left side, covered with a blanket, which appeared to be tucked in behind ; witness requested the attendance of Surgeon Cuthill, but the latter not arriving, he proceeded himself to make a post mortem examination ; found two large wounds in the head, and a number of other bruises and contusions on the head, face, and various parts of the body ; saw also that three of the finger nails had been torn off ; the wounds appeared to have been inflicted two or three days before death, and those on the head might have been inflicted by some sharp instrument ; there was very little blood about the body or in the room ; saw some blood upon a handkerchief, which appeared to have been round deceased's neck, and also upon a cap which she appeared to have worn ; saw the jacket produced with a little blood upon it. There were sufficient injuries either on the head or chest to cause death ; but witness should rather think that the wounds on the chest were the more immediate cause ; the right lung and the right lobe of the liver exhibited marks of disease, and there was a quantity of water in the cavity of the chest, which must have been occasioned by previous inflammation of the lungs ; this disease was not of sufficient extent, however, to occasion death ; had no doubt that death was occasioned by the violence which had been used ; saw the interior of a house in Sussex-street, where there was a quantity of blood about the floor and walls, as also upon part of the joists ; there was likewise hair attached to the paper on the walls, of the same colour as that on the head of the girl ; the two houses in which the prisoner had lived were about three quarters of a mile apart ; and there was nothing to prevent a person receiving in one house injuries such as witness had described, and afterwards walking to the other ; deceased might after receiving these injuries, and have lived two or three days. It was almost impossible that the large wound at the back of the head could have been inflicted in the room at Hancock's buildings ; for it would have occasioned a great flow of blood, of which there was no trace at that place ; unless, indeed, some vessel had been used to carry off the blood.
   By Mr. DARVALL : Witness attributed the death of the girl more immediately to the injuries on the chest ; for the lung was gorged with blood, from the breaking of some blood-vessel which witness could not distinguish, owing to the state of the lung ; the lung was much diseased, and in diseased lungs a blood-vessel was ruptured with greater ease than in a healthy subject ; but witness did not think that the lung was so much diseased in this instance as to cause the bursting of a bloodvessel through the means of a severe fit of coughing, or other slight cause. The bruises on the chest were severe, and the skin was off ; such an injury might possibly have been produced by a fall inwards from the window, as described by a former witness, provided anything lay upon the floor to make an uneven surface ; or, provided the floor was a very hard one. The cap produced was stained with matter as well as blood, thus proving the wound on the head could not have been a recent one.
   Re-examined : Was of opinion, from the appearance of the body, that it had been laid there after death ; did not think there was any mattress or palliasse below the body, but believed that the jacket produced, and some other things, were lying beneath deceased. A bottle containing some rum was near the bed side, and also a phial containing some liniment ; there was a regularity about the appearance of the room which induced a belief that the body had been laid there after death ; the body was covered over with a pair of blankets not divided, and these did not appear to have been disturbed.
   By Mr. DARVALL : The liniment in the phial was the kind of medicine that might be prescribed for external injuries : the position of the body was a natural one, and the blanket might have remained undisturbed as witness saw it, if deceased had died easily ; the wounds appeared to have been all inflicted about the same time.
   By a Juror : The eyes of deceased were closed, which was not usual, the eyes of a dead person being generally closed by the attendants.
   Thomas Kelly, constable in the Sydney Police, had relieved Constable M'Keon, at twelve o'clock, on Wednesday, in the charge of the place where the body was found ; the position of the body was not altered while witness was in charge ; the bonnet produced was in the lower room ; the shawl and handkerchief produced were about the body ; saw a stain of blood on the floor ; witness remained in charge four hours, and was relieved by constable Ross.
   Constable Alexander Ross, relieved the last witness in charge of the house, at four o'clock in the afternoon in question. Dr. Cuthill and Dr. Tierney were there shortly after witness came on duty ; there were also two reporters there ; witness did not go upstairs to see the body.
    [The two last witnesses had been called with the view of laying a foundation for the production of the articles found about the body of deceased, by proving that their appearances had not been changed ; but the ATTORNEYGENERAL stated, that owing to the imperfect way in which this part of the case had been got up, he felt compelled to abandon it.]
   William Evans : Knew the prisoner, who some months ago took a room at witness's house in Kent street, where he resided about a week with a woman and a girl ; somewhere about two months since the prisoner came to witness, and requested that if his "old woman" came to enquire about him to direct to where he lived, which was where the Maitland steamer came in ; prisoner afterwards came to enquire if witness had any place to let, and witness having replied that a place would be vacant in a day or two, prisoner came with the girl and wanted to leave her there while he went for his bed ; the witness refused, as he had no place for the girl to stop. This was a few days before witness heard of the murder ; prisoner told witness on this occasion that he had beaten the girl on account of having seen two men at the window looking after her.
   Mary Ann Ogden : Lived in Sussex-street; remembered seeing the prisoner come to live at the house of Mr. Spears, on Whit Monday, accompanied by a girl about fourteen years of age ; when they had lived there about a week prisoner complained of the girl's bad conduct in going with men, and the girl acknowledged the truth of his complaints. The bonnet produced had belonged to deceased, and had been trimmed by witness at the prisoner's request ; was in the house after the prisoner and the girl had left, and saw the marks of blood formerly described.
   By Mr. DARVALL : Had seen the prisoner chastise the girl after complaining of her misconduct ; witness advised him to try her a little longer, and see if she would be a good a girl, to which he assented. The girl appeared when she came there to have been beaten before, as she saw marks or scratches on her face ; witness had never seen prisoner beat the girl ; by chastising witness meant scolding ; saw the girl for the last time on Wednesday evening, and the man on the following morning ; did not go into the house until the following Tuesday, being the day before the body of deceased was discovered. On Wednesday evening, prisoner and deceased came in together, when the former complained that the latter continued in her bad conduct.
   Re-examined : The girl often came to witness's house by herself, and appeared to be a quiet female as far as witness could observe ; witness saw a body afterwards in Hancock's-buildings, which resembled the girl she had seen with the prisoner ; and although from the disfiguring of her face, witness could not swear positively to her identity, she believed her to be the same.
   By Mr. DARVALL : The girl admitted her misconduct and promised amendment.
   Constable John Lowe identified a piece of paper stained with blood, a piece of joist or rafter similarly stained, and some pieces of broken plate, &c., as things which he had obtained from the house in Sussex-street ; saw a stain as if from a pool of blood on the floor, and a pair of cap-strings stained with blood ; there was hair of a brownish colour adhering to the piece of paper, which was stained with blood.
   Constable M'Guire identified a piece of grey cloth, similar to the jacket before produced ; this piece of cloth was stained with blood, and the stains were damp when it was found ; it was found by the witness at the house in Sussex-street, where he also found some pieces of a broken plate, and a piece of calico very wet with blood ; the piece of cloth thus found corresponded in size with a part of the jacket where a piece appeared to have been torn out.
   Michael Hogan saw the prisoner on the 26th May, when he (witness) was in company with a person named Henry ; heard prisoner accuse deceased of gross misconduct, and say that he had beaten her till he drew blood ; saw a cap stained with blood, which the prisoner produced in proof of his assertion. Prisoner came to witness's house the same evening for the ostensible purpose of asking Henry not to mention what had passed as to the girl's bad conduct, and his (prisoner's) treatment of her.
   Richard Brennan : Was with the witness Cobby on the night of the 30th of May, and saw them there in Hancock's court, as if looking for a key ; was not observing the parties when prisoner pushed the girl into the house. Saw the body of deceased on the 4th of June, which was afterwards buried on the 5th ; saw Margaret Ahern on the 8th June, when a body was exhumed, which she identified ; this was the body of the girl whose body had been viewed at the inquest as the remains of Mary Ann Clarke ; did not see any violence used, but heard Cobby say at the time that the man was pushing the girl in at the window ; was not looking towards them at the time.
   Amelia Hobbs believed the prisoner to be a man she had seen residing near Mrs. Ogden's, and whom on one occasion she had seen to kick a girl about fourteen years of age, who appeared to be living with him ; prisoner told the girl to take her cap off ; she was sitting down at the time, and did not fall or stagger ; this was about a week after Whitsuntide.
   By Mr. DARVALL: Witness was walking by at the time, and could not say what passed before or afterwards ; could see that the prisoner had boots on, and that the kick was in the side.
   Mary Ann Strobo : Prisoner came about Whitsuntide to the house where witness lived, about ten miles from Sydney, on the Parramatta Road ; he had a little girl with him, and asked for a lodging ; the girl bore the marks of ill usage, and the prisoner said he had beaten her ; he accused her of being a prostitute ; saw prisoner kick deceased in the morning two or three times with considerable violence.
   By Mr. DARVALL : Could not say whether the girl had left the house during the night ; heard nothing said on the following morning about this.
   By the prisoner : The girl told witness that she had visited the servant man during the night ; and prisoner spoke of it in the presence of the man, who denied it ; the prisoner and the girl slept together on a bed-tick, which they brought with them ; witness had lived at Maitland, and prisoner's face was familiar to her, although she could not remember having seen him in Maitland ; the servant man had also lived in Maitland ; prisoner wanted to rent an acre of ground to the rear, which witness said would not be let to him by her mother, on account of the girl's bad character ; witness afterwards told the prisoner that if he called again in the course of the week he could have an answer as to the piece of ground, and the girl could be sent to school to witness.
   Alexander Cuthill, Surgeon : Had seen the body of deceased soon after its discovery ; the body of deceased was lying on its left side with a blanket around it ; Both arms were down, and witness might have raised one of them to examine it ; the position was not a natural one, and witness should imagine that it had been put there either after death or while deceased was in an expiring state ; observed wounds on the front of the head, which appeared to have been occasioned by kicks from a sharp edged shoe. The contusion at the back of the head would most likely have been occasioned by striking deceased against a wall or door ; did not examine the incised wound on the back of the head ; did not think these wounds could have been inflicted in that room without occasioning greater appearances of blood about the place.
   By Mr. DARVALL : A person could scarcely have wrapped themselves in a blanket as this body was wrapped ; it would require the use of both hands, and one of them was in such a position that it could have rendered no assistance ; a person might have fixed the blanket in this way, and have changed the position of the hands afterwards, but witness should think that deceased would scarcely have had sufficient power for this ; had only made a cursory examination, but should imagine that she must have been stunned by the wounds on the head.
   By the COURT : Should think that kicks in the chest could scarcely have occasioned the rupture of blood vessels in the lungs, unless they were much diseased ; a person might walk half a mile or three quarters of a mile after receiving a wound on the back of the head, and then lay down and die.
   Margaret Ahern stated, that she was the sister of the prisoner and the mother of the deceased, whom she had last seen alive about a year ago ; deceased's name was Mary Ann Clarke, and her age was between thirteen and fourteen years. Witness and prisoner were tried together for the same offence ; had another sister named Johanna, who was also transported to this colony; witness first saw Johanna about six or seven years ago. Last June twelvemonths, Johanna was with prisoner at Maitland ; the girl was in service at Maitland, and prisoner and Johanna having requested to have her along with them, and having promised to take great care of her, witness allowed her to go with them ; this was about two years and seven months ago ; witness had been living with a man named Collins, but had left him since the inquest ; prisoner prevented the girl from returning to witness, or visiting her, and whenever the girl did come she was always in haste to get away ; for fear, as she said, that her uncle would beat her. Prisoner was apprehended on a Friday, and on the Wednesday before this, he came to the place where witness resided. In reply to questions from witness, he said that Johanna and the girl had run away in the bush ; after this he gave witness half a crown to get a new shirt with which she did, and prisoner put it on, burning the shirt which he had taken off, in spite of witness's request that he would not do so, as she wanted the old garment for patchwork. Had seen and identified the body of deceased in the Catholic Burial Ground.
   By Mr. Darvall : Remembered on one occasion that the deceased was absent from home for a day or two. Witness beat her when she got her back. Deceased was born at the Parramatta Factory ; was not positive as to the deceased's age ; it was possible that she might be fifteen or sixteen years old if she had been alive to the present time. It was in the afternoon that prisoner came to witness's house. Had not been confined shortly before the prisoner carne to Maitland on this last occasion.
   By a Juror : Deceased was sensible enough when witness saw her last.
   By the Court : Witness's sister Johanna was not married; she travelled through the country with the prisoner.
   Serjeant Adsum, of the Sydney Police : Was in Maitland when the prisoner was apprehended, and saw him soon after he was taken, in reply to questions from witness, the prisoner denied that he had a niece or a daughter, or that he had been In Sydney. Afterwards, while in the lock-up, and in the presence of Mr. Day. the police magistrate, the prisoner fell on his knees and said he would tell them all about it. Prisoner then proceeded to state that he had taken his sister and the girl up the country, and had left his sister at Cassillis, that on the way down, and after their arrival in Sydney, the conduct of the girl was very bad ; so much so, that while they were living in Sydney she had been away from the house nine nights out of seventeen ; on one occasion she had left the house with some man, and had come back in the morning dreadfully bruised. After this he had taken the house in Parramatta-street, where he had left the girl with plenty of tea and sugar, having first bought a load of wood, with the intention of cutting it up and selling it in barrow loads ; he had left Sydney on Saturday, and had to travel to Maitland by the road ; in further conversation the prisoner said that he had never struck the girl in his life and he made several very anxious enquiries as to the time the Supreme Court would sit, &c , expressing his forebodings as to a fatal result of his trial witness saw spots of blood on the prisoners waistcoat, and one of his boots, which prisoner accounted for by saying that he had been hurt in his shins.
   By Mr. DARVALL : Prisoner was doubtless aware of what he was apprehended for, previous to having this conversation with the witness.
   One of the Jury was sworn as to the distance between Sydney and Maitland, overland, which he stated to the best of his belief to be about 130 or 140 miles.
   A constable of the Maitland police proved the apprehension of the prisoner at the instance of a man named Connelly, who accused him of murdering "Mary Ann ;" as soon as he had been taken, prisoner seemed so weak that witness allowed him to drink a glass of ale ; prisoner said he had thrown away his old shirt on his way over the hills.
   Johanna Ahern stated, that she was sister to the prisoner, who came to the country before she did ; witness met prisoner at Parramatta before she became free ; came out about fourteen years ago, for seven years, and had been in the country for about fourteen years ; was living in Sydney after leaving Parramatta, and went from Sydney with her brother ; proceeding to Mr. Irving's near Parramatta, where they passed as man and wife, but did so only to get an honest living, witness as hutkeeper, and her brother as shepherd ; from thence they came to Sydney and from the latter place to Maitland, where they got the girl, and from thence to Bolton's ; at this place also they passed as man and wife, and the girl as witness's daughter, they stopped at Bolton's six months, and prisoner became very ill, in consequence of an accident which he met with in his occupation of shepherd ; they next came to Sydney, and after remaining a short time, they hired in the same manner with Mr. Hood at Windsor, and from thence they went to Mr. Cope's near Cassillis, here witness left the prisoner in consequence of his having beaten her the evening before ; up to this time he always behaved kindly to witness and the girl, and had never beat the latter severely, although he had beaten her slightly with a piece of stick or rod on one or two occasions. When they were last in Maitland, witness wanted her sister to keep the girl ; but the latter said that she would rather go into the bush with her uncle and aunt than stop with her mother, the girl always conducted herself very well while she was in witness's charge, witness would not have been safe in remaining at the hut during prisoners absence, if she had passed merely as his sister.
   By Mr. DARVALL : When prisoner corrected the girl at Mr. Cope's, it was in consequence of having observed some familiarity between her and a man ; it was also in consequence of what occurred of this description that prisoner left the station.
   Neale Toner : Had been living in the same house with prisoner at Maitland, about twelve months ago, prisoner had his sister and niece with him, and witness had seen them all three sleeping in one bed together ; saw the prisoner at the house in Sussex street, on the Friday before the murder was supposed to have been committed ; prisoner said he was in a hurry, as he was about to leave the house, and witness remarked that he wanted a little place and would take it ; prisoner then said that the house was taken, and witness thinking that the prisoner wanted to get rid of him, came away ; saw the girl there, but could not see her face, as she pulled her bonnet down when witness spoke to her ; saw and identified the body as that of the girl he had seen with the prisoner.
   The ATTORNEY-GENERAL said, that there were one or two witnesses more, but he did not think it necessary to call them.
   The case for the Crown was then closed.
   Dr. Tierney re-called by the COURT : the body appeared to have been dead about three days.
   Mr. DARVALL now proceeded to address the Jury for the defence. In compliance, he said, with the desire of the Court that the prisoner should be defended by Counsel, the painful duty had devolved upon him of appearing before them as the prisoner's advocate upon very short notice, not having had the slightest notice preparatory to the performance of such a duty, until the evening of the previous day. Whatever consciousness of incapacity from this circumstance he might have felt, and whatever fears he might have entertained, that his want of proper preparation might injure the case of the prisoner, these feelings had been entirely dispelled by the grave attention which had been paid to the whole of the evidence by the Jury. The evidence which they had heard had disclosed a mass of enormity which it was horrible to suppose could exist in any community, but although this was the case, and although great cruelty might have been used, the Jury must feel it their duty to disconnect the prisoner's case from all this, and to leave out of consideration every report which they had heard elsewhere, either through the medium of the newspapers, or from any other source. From the evidence which they had heard, the only reasonable presumption which could be entertained was, that the deceased had left the house in Sussex-street, labouring under the effects of that illness, and those injuries, which ultimately caused her death, and that it was not till after her arrival at the house in Parramatta-street, that her decease took place, aided perhaps by cold, hunger, or intemperance There was no evidence to show any ill usage of the girl on the part of the prisoner at this time ; for although one of the witnesses had spoken as to the girl being pushed forward into the room, the evidence on this point was slight, and the injury created by such conduct would not be such as to occasion immediate death, particularly as the girl was after this seen alive. It was clear that the prisoner could have no object to attain by removing the body from the house in Sussex-street, to the place where it had been found, for such a course would without serving any good purpose, give rise to every chance of detection. There was no evidence whatever to show that the prisoner had done anything beyond beating the girl ; which, if he had a spark of humanity left in his breast, by the shameful course of life he was leading, he might have felt himself bound to do, in order, if possible, to prevent his sister's child from persevering in the course of life she had begun with. No doubt the prisoner might have beaten the deceased with violence, and even brutality, but this could not amount to murder, nor was there the slightest evidence to establish such a charge against the prisoner, and it was not for the Jury to presume facts to exist, of which no proof had been offered. The learned gentlemen then proceeded to comment upon the evidence which had been adduced, pointing out its looseness in many points, and the improbability that the prisoner, with a full knowledge of having committed such a crime as this, should instead of taking steps to hide himself, have followed a decidedly opposite course, by exposing his house to the examination of the locksmith, and going from Sydney to the very place where he would meet the mother of his victim, whose first enquiries would naturally be after her daughter. In conclusion, he entreated the Jury to look calmly and dispassionately at the case before them, and expressed his conviction that upon doing so, they would find it impossible to convict the prisoner of murder, although they might believe him to be guilty of great brutality ; for it was their duty not to find a verdict of guilty under so serious a charge, unless they were convinced of the prisoner's criminality beyond all reasonable doubt.
   The CHIEF JUSTICE now proceeded to sum up. Notwithstanding the length of time already taken up by this painful investigation, he should feel constrained in a case of so much importance, and involving questions of such nicety as the present, to occupy a considerable portion of their time. In a case of such peculiar atrocity as the present, he knew of nothing on earth which could save the prisoner it he were found guilty by the Jury from suffering the extreme penalty of the law. From this consideration he would entreat the Jury to give the matter a most careful consideration, and for the honour of human nature he hoped that they would not find the prisoner guilty, unless they were convinced beyond all reasonable doubt that such was the fact and in order to arrive at a right conclusion upon this grave question, they were not to draw any other inferences than those which could fairly and reasonably be deduced from the facts which had been actually proved in evidence. He was not aware of any circumstances which could reduce the crime from murder to manslaughter, except by supposing that the injuries, if committed by the prisoner at all, had been committed in the way of moderate correction for although there could be little doubt that whatever immorality the deceased had been guilty of, had arisen from the horrible example which had been set to her ; there was little reason to doubt that the conduct of the deceased had been really immoral and the Jury might believe from this, that the prisoner had acted as he did with the view of reclaiming the unhappy child. If so, it would be for the Jury next to consider whether the correction made use of by the prisoner was such as could be regarded in the light of a moderate correction ; for if a parent or guardian moderately corrected a child, and the child should afterwards die, the person so acting might, according to the circumstances, be merely guilty of manslaughter or wholly guiltless of any legal crime at all. It would be of no avail however, that any person beating a child with unusual violence, or committing any other wrongful act of a similar description, might not have contemplated depriving a fellow creature of life ; for every one must be held to have contemplated the natural and reasonable consequences of his own act. As had been truly remarked by the prisoner's counsel, the brutalities and other immoralities of the prisoner's conduct, were matters wholly irrespective of the present question, except so far as they might tend to show his guilt or innocence of the crime laid to his charge, for it was the crime of murder alone that the prisoner had to answer for on this occasion, and however dreadful his brutal and immoral conduct might be, it must have no weight in the consideration as to whether he ought or ought not to be deemed guilty of the crime of murder.
   His HONOR then proceeded to read over his notes of the evidence, and to comment at great length upon the effect and bearing of each particular fact which had been deposed to.
   The summing up of the learned Judge occupied upwards of an hour and a half, and the Jury retired to consider their verdict at twenty minutes to one on Saturday morning.
   In about half an hour afterwards the Jury returned and obtained some information from his Honor as to the nature of the several counts in the information, they then retired for two or three minutes more, when they returned into Court with a verdict that the prisoner was guilty on the first count of the information, and not guilty upon the other counts.
   The ATTORNEY-GENERAL having prayed the judgment of the Court, the prisoner was asked if he had anything to say why sentence of death should not be passed on him, to which he made no reply.
   The CHIEF JUSTICE, in passing sentence of death upon the prisoner, expressed his concurrence in the verdict of the Jury, and dwelt forcibly upon the enormity of the offence of which he the prisoner had been found guilty, combining as it did not only a most cruel destruction of his unhappy victim's mortal being, but a series of acts which must have conduced too fatally to lead her into immoral and vicious courses, and thereby to destroy her soul. He knew of no grounds whatever from which a hope of mercy could be held out to the prisoner, whom he entreated to make the best use of the short time he had yet to live, in seeking mercy from that source where it would not be denied to make the repentant sinner. His Honor then proceeded to award the final sentence of the law in the usual form.
   The prisoner said that he would thank His Honor for a long day.
   The CHIEF JUSTICE said, that he had of himself no power to grant this request, but he would communicate to His Excellency the Governor the wish which had been expressed by the prisoner.
   The prisoner then enquired whether the clothes which had been taken from him at Maitland might not be restored to him.
   The CHIEF JUSTICE said, he had no power to interfere in this matter, but the prisoner's request had been heard, and would no doubt be complied with if it was deemed proper to do so. He was sorry, however, to find that at such a time as that the prisoner could allow such thoughts as these to occupy his mind.
   The prisoner was then removed from the bar, and the Court adjourned at about half past one A.M. (on Saturday) until ten o'clock the same day.
   The Court was much crowded from the time the trial commenced until its close, and great excitement appeared to prevail among the spectators. The demeanour of the prisoner was more collected throughout the long and painful investigation than at the coroner's inquest, and he heard the awful sentence of death passed upon him without any apparent emotion.
The Sydney Morning Herald 14 July 1845
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THE TRIAL OF AHERN.
During the trial of this man on Saturday last, for the wilful murder of his niece, it was quite evident to every one in Court that those constables who had been placed in charge of the body of the unfortunate girl after its discovery, were grossly negligent of the important duty entrusted to them, so much so that they could scarcely give any account as to the state of the room in which the body was found, either at its discovery or at any subsequent time, up to the period when the inquest was held. It appears to us that it was highly injudicious on the part of the Chief Commissioner of police, to remove these men from such a duty so frequently, as appears to have been done. So gross was the negligence on the part of the constabulary, that the Chief Justice, the Attorney General, and some of the jurors, could not avoid expressing their surprise at it, and strongly censured such a want of care and attention as had been manifested. We think also that in cases of this kind, it would be well if the Coroner would exercise his authority to prevent either the police or any other persons from interfering with, or removing the body in the slightest degree, until the inquest has been called upon it. Such proceedings would not for a moment be tolerated at home. In the case of Ahern, as his Honor the Chief Justice particularly remarked, it was of the greatest importance that the exact position in which the body was lying when first discovered, should be clearly ascertained and presented to the minds of the jury, yet from the manner in which the police had acted this was all but impossible to be done.
Supreme Court.
CRIMINAL SITTINGS.—FRIDAY, JULY 11, Before his Honor the Chief Justice, WILFUL MURDER. John Ahern was indicted for having, on, the 31st of May last, feloniously assaulted one Mary Ann Clarke, by striking, beating, and kicking her in various parts of the body, and by casting and throwing her against the ground and wall, thereby inflicting upon the said Mary Ann Clarke certain mortal wounds, bruises, and contusions, from the effects of which the said Mary Ann Clarke then and there instantly died. A second count of the indictment charged the prisoner with having murdered the said Mary Ann Clarke by striking her on the head with a blunt instrument, to the Attorney General unknown. A third count described the murder as having been committed by striking the deceased on the head with a sharp instrument. The prisoner pleaded not guilty.

The Attorney General conducted the prosecution, and Mr. Darvall appeared for the prisoner. It appeared from the evidence which was adduced that the prisoner was uncle to the deceased Mary Ann Clarke, and that she had lived with him for about two years and seven months previous to her death. They had been living the greater part of this at various places in the interior, and the prisoner's sister, Johanna Ahern, who was deceased's aunt, was also living with them until within a few months of the murder. The sister passed as prisoner's wife and the deceased Mary Ann Clarke, who was fourteen years of age, as his daughter. The prisoner and the girl came into Sydney some months ago and took a house in Sussex street where they resided for some time. Whilst there the prisoner was seen to beat the girl very severely several times, and on the 26th. of May he stated to a man named Michael Hogan, that he had beaten deceased until he drew blood, and showed a cap stained with blood ; he said that the reason why he beat her both on that and other occasions was on account of her gross misconduct in being always after men or having men after her. He had also been seen by other persons to beat and kick the girl very severely. After residing in Sussex street for some weeks the prisoner took a house in Hancock's buildings, Parramatta street, on the 30th of May. At this time he went into Hancock's public house and the girl was with him, he drank a gill of rum, and gave some water to the girl ; when the prisoner went out to look at the house the girl asked the barman for another glass of water, which be gave to her and he then observed that her face was much bruised and scratched, her hands were wounded and bloody, and some of the nails were torn off her fingers. When the barman asked her what was the matter with her, she made no answer, but subsequently she said she was very stiff and sore. On the same evening, Charles Cobby, a stonemason, residing in Hancock's buildings, saw the prisoner and the girl in the lane ; the prisoner purchased a load of wood, which was lying at the door ; he had a light in his hand, and appeared to be looking for the door key ; the girl was sitting or stooping down, and on getting up and going towards the prisoner ; he kicked her so violently that she fell backwards ; she then got over the wood so as to get into the house at the lower window, when she fell back apparently from weakness ; and on making a second attempt to get in at the window, the prisoner pushed her forward, so that she fell inside, and Cabby then heard a rumbling noise as if she had fallen on the floor. The prisoner who remained outside exclaimed, "one, two, three, give me my pipe," and looked round to see whether he was observed ; he afterwards exclaimed, "one, two, three, four, do you know what a chimney piece is ?" In about ten minutes after this the prisoner and the girl both came out of the house and went towards George-street. Cobby never saw the girl alive after that, but he saw the prisoner about ten o'clock on the following morning, Thursday, and again upon Saturday evening, when he put a loaf of bread and a pannikan in at the window. The prisoner was heard by another man on the evening when he took the house to tell the girl to make a fire and burn the house, and herself too, if she liked. A man named James Clark, a locksmith, repaired the lock of the door belonging to the house taken by the prisoner in Hancock's buildings on the Saturday morning ; he did not see the girl at the time ; the house was shut up until the following Wednesday, and the key was in the lock outside ; on the Wednesday Clark went into the house, and discovered the body of the deceased lying on a bed in one corner of the upper room, covered with a blanket, and a bonnet was lying in the opposite corner of the room. The position of the body was like that of a person asleep, and it was entirely covered with the blanket; a piece of calico saturated with blood was found in the room, an apron with stains of blood upon it, a bonnet with a similar stain, and a grey jacket similar to those worn by prisoners, which also appeared to be stained with blood, were likewise found in the room ; there was a piece of billet wood, but it had no marks of blood upon it ; and there was nothing about the place which appeared to have been used as a weapon. From the evidence of Doctor Tierney, who made a post mortem examination of the body, it appeared that the body was found covered with a blanket, which appeared to be tucked in behind ; on making the post mortem examination, Dr. Tierney found two large wounds in the head, and a number of other contusions on the face and various parts of the body ; three of the finger nails had been torn off ; there were many severe bruises about the chest ; the wounds all appeared to have been inflicted some time previous to death, particularly those on the head ; and he had no doubt that death was occasioned by the violence which had been used. Dr. Tierney also stated that he had seen the interior of the house in Sussex street, in which it was said the prisoner and deceased had resided previous to removing to Handcock's [sic] buildings ; there was a quantity of blood about the floor and walls in the house, and also on part of the joists, and hair attached to the paper on the walls, of the same colour as that on the head of the girl ; it was quite possible, that after receiving such injuries as he had described, the girl might walk from the house in Sussex street to the one in Hancock's buildings, and have lived two or three days after receiving them. He was of opinion, from the appearance of the body, that it had been laid in the position and place it was found in after death ; and that it had been dead about three days. The prisoner, it appeared from the evidence of Margaret Ahern, the girl's mother, and sister to the prisoner, went to her house at West Maitland, on Wednesday, the day on which the body was found in Sydney ; he stated that his other sister Johanna and the girl had run away from him in the bush. He got half a crown from his sister Margaret with which he bought a new shirt, and burnt the one he had on when he went there. On the Friday following his arrival at Maitland, the prisoner was apprehended by Constable Kerr of the Maitland Police, having been pointed out to him by a man named Connelly ; he appeared so weak when taken, that Kerr allowed him to have a glass of ale. Sergeant Adsum, of the Sydney police, saw the prisoner soon after his apprehension, and in answer to questions put to him, he said he had neither niece or daughter, nor had be been in Sydney. Subsequent to this, he fell on his knees and said he would tell all about it. He then said he had taken his sister and the girl up the country, and had left his sister at Cassilia, and that on his way down, and after their arrival in Sydney, the conduct of the girl was very bad ; and that the had been out of the house nine nights out of seventeen ; that on one occasion she went out with some man and came back in the morning dreadfully bruised ; that after this he took the house in Parramatta street where he left the girl with plenty of tea and sugar, having first bought a load of wood which he intended to cut up and sell in barrow loads ; that he left Sydney on Saturday and traveled to Maitland overland and that he had never struck the girl in his life. He also made several inquiries as to the time when the Supreme Court would sit, and expressed his forebodings as to a fatal result of his trial. There were some spots of blood upon his waistcoat and one of his boots, but he accounted for this by saying that he had been hurt in his shins. The case for the prosecution having closed Mr. Darvall addressed the jury on behalf of the prisoner at great length, contending that the evidence which had been adduced, although it had disclosed a mass of enormity which it was horrible to suppose could exist in any community, yet it was not sufficient to establish the crime of murder, and he thought it would be impossible for the jury to convict the prisoner of that crime, although they might believe him to be guilty of great brutality,

His Honor then summed up taking a review of the whole case, and stating that as the learned counsel for the prisoner had justly observed the jury were not to take into consideration the immoralities and brutalities of the prisoner, except so far as they might tend to show his guilt or innocence of the crime laid to his charge for it was the charge of murder alone that that the prisoner had to answer for on that occasion, and however dreadful his brutal and immoral conduct might be, it must have no weight in the consideration as to whether he ought or ought not to be deemed guilty of the crime of murder.

The jury retired to consider their verdict at twenty minutes to one on Saturday morning, and after havin [sic] been in consultation for little more than half an hour returned a verdict of guilty on the first count of the information ; not guilty on the other counts. The Attorney General having prayed the judgment of the court upon the prisoner, he was asked what he had to say why sentence of death should not be passed upon him, to which question he made no reply.

The Chief Justice then passed sentence of death on prisoner in a most solemn manner, and told him he knew of no grounds upon which be could hold out to him any hopes of mercy. The prisoner said he would thank his Honor for a long day. The Chief Justice said he had no power to grant the prisoner's request, but he would communicate it to his Excellency. The prisoner then inquired whether the clothes which had been taken from him its Maitland might not be restored to him. The Chief Justice said he had no power to interfere in this matter, but the prisoner's request had been heard, and would no doubt be complied with if it was deemed proper to comply with it. He was sorry however to find that at such a time as that the prisoner could allow such thoughts as those to occupy his mind.

The prisoner was then removed, and the court adjourned. The court was much crowded throughout the trial and great excitement appeared to prevail amongst the spectators. The prisoner appeared cool and collected, and heard the awful sentence of death pronounced upon him without any apparent emotion.

Sydney Morning Chronicle 16 July 1845
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Ahern the Murderer.—John Ahern was brought to trial on Friday, the 11th instant, before the Chief Justice, in the Central Criminal Court, Sydney, for the murder of his niece Mary Ann Clarke. The prisoner was defended by Mr. Darvall. It appeared from the evidence that the injuries which caused the death of the unfortunate girl must have been inflicted in the house in Sussex-street, where the prisoner and the girl lived previous to their taking the house in Hancock's-court, Parramatta-street, where the body was found, for in the latter there were no marks of blood or violence except on the person and dress of the deceased, while in the former there were plain indications of a murder having been committed, and hair resembling that of the girl adhering to the blood-stained walls. It did not appear, however, in which house death had taken place, for the wounds were of such a nature as to admit of the possibility of the girl having walked from the one to the other after receiving them. From the position of the body on the bed on which it was found, it was thought that it must have been laid there by a second person.

Margaret Ahern, the mother of the deceased, and Johanna Ahern (another sister of the prisoner) appeared as witnesses, and revealed a frightful amount of depravity on the part of all three, especially as regards the habitual cruelty of the prisoner towards his victim.

The prisoner, upon being found guilty and sentenced to death, expressed a hope that a "long day" would be allowed him, and also that the clothes taken from him at Maitland would be restored. The Chief Justice told him that his wishes would be made known to the proper authorities, but he was sorry that such frivolous thought as were evinced by his latter request occupied his mind at so awful a time. The trial lasted from ten o'clock on Friday morning till half-past one on Saturday morning.

Maitland Mercury & Hunter River General Advertiser 19 July 1845
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DEATH WARRANT.—The death Warrant for the execution of John A'Hern, who was found guilty of the wilful murder of his own niece, Mary Ann Clarke, at the last sitting of the Central Criminal Court, has been received at the gaol, fixing the time for Tuesday next. Since his conviction the unhappy man appears to be deeply impressed with the enormity of the crime for which he is about to suffer, and pays every attention to the advice of his spiritual attendants. He has not, however, as yet made any public disclosure of the circumstances attending the mysterious murder, of which he was the inhuman perpetrator.
Sydney Morning Chronicle 6 August 1845
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Execution.—On Tuesday next, the unfortunate man, Ahern, convicted at the late Criminal Court of the murder of Mary Anne Clarke, will undergo the final sentence of the law. His approaching doom was announced to him yesterday — the warrant having issued immediately after the last sitting of the Executive Council. The conduct of Ahern since his trial has been quiet and subdued. He has paid much attention to the monitions of his spiritual advisers, who have been most assiduous in their attentions to him.
The Australian 7 August 1845
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EXECUTION OF THE MURDERER OF MARY ANN CLARKE.
Shortly after eight o'clock yesterday morning the South Head Road and avenues leading to the gaol, at Darlinghurst, were crowded with pedestrians, and vehicles filled with persons of every age and condition, who manifested their anxiety to witness the sad spectacle which the execution of John Ahern, for the inhuman murder of his own niece, Mary Ann Clarke, a girl of fourteen years of age, presented. A few minutes after the clock struck nine, the unhappy culprit was led from the condemned cell, pinioned, and accompanied by the Reverend Mr. M'Encroe and the Rev. Mr. Murray, and followed in procession by the high sheriff and visiting magistrate, the governor of the gaol, and the under sheriff, the rear being brought up by the executioner and a javelin man. The prisoner's appearance was cadaverous and feeble, but his self possession did not forsake him through the tragical scene. He responded with apparent fervour to the service which was read by the Rev. Mr. M'Encroe during his progress from the condemned cell to the foot of the scaffold, where the death warrant was read to him by the high sheriff. He then ascended the scaffold with a steady step, and prayed devoutly with his reverend attendant. Previously to the cap being drawn over his eyes, and after the necessary preliminaries were adjusted by the executioner, he addressed the concourse of people in front of the gaol, denying that he had any intention of committing murder on his unfortunate victim, but admitting that he had, under the influence of intoxication, beaten her so severely as to cause her death, for which, he said, he was heartily sorry, and be hoped God would forgive him, at the same time imploring the people to pray for him, which was instantly responded to by a murmur through the crowd of "Lord have mercy on his soul!" The fatal bolt was then withdrawn from the drop, and the unhappy culprit was launched into eternity precisely at ten minutes past nine o'clock.

Prior to being led forth to execution, he made a full confession of his guilt to Mr. Keck, the governor of the gaol, to whom he related the circumstances of the deed as follow :—Being incensed at her immoral conduct, of which he had constant reason to complain, and being under the influence of intoxication, he beat her severely, the fatal blow being one on the side of the head, which threw her with such violence against the bevelled end of the scantling of the roof, which was very low, that it sunk into the skull, and produced the wound supposed to have been inflicted with a sharp instrument. This took place in the house in Sussex street. She then walked, with his assistance, to the house in Parramatta street where her body was found, and lingered until she died, during which period he never left her, being sorry for what he had done, and when she expired he absconded. It is thought by many that, had this confession been made earlier, the unfortunate man's life would have been spared by the Executive—if the jury did not receive the production of the end of the scantling with blood on it, at the trial, as a corroboration of his statement, and acquit him of the intent to commit wilful murder.

Sydney Morning Chronicle 13 August 1845
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Execution of A'Hern. — On Monday morning the last fatal sentence of the law was put in execution, on the body of the man A'Hern, committed at the last Criminal Court of the murder of his niece, Mary Anne Clarke. Since his conviction, a'Hern's demeanour in the gaol has been quiet and subdued, and he has been attended most assiduously by the religious advisers of his own persuasion (Roman Catholic) We are informed that he expressed much repentance of the errors of his former life, and gave an attentive ear to the admonitions of his spiritual attendants. On Tuesday morning, when he was brought out of the cell, he appeared. to be considerably reduced since his trial, but, although, somewhat agitated, he walked across the yard with a firm step, and ascended the fatal platform without assistance. He was attended by the Rev. Mr. M'Encroe, and the Rev. Mr. Murray.

On arriving on the platform, he shortly addressed the crowd in a very distinct and firm tone of voice, to the following effect :— "That he had caused the death of the girl for whom he was going to suffer by beating her, but that he had never intended to murder her. That he first beat her severely, down in the house in Sussex-street, and subsequently at the house in Hancock's Court. That he was very sorry for what he had done, and attended to her carefully whilst she lingered alive, but that on the Sunday morning before the body was found, he went out to fetch some water, and to his horror when he returned, life was extinct. At the time he beat her, he was in a state of intoxication, and on finding she was dead he went away, and bought some sugar of lead intending to destroy himself, but that he afterwards wandered on to Maitland."

After making this confession, he again turned to the rev. gentlemen who were in attendance, and left in their charge, his beads, crucifix, &c., to be given to his sisters. When the executioner approached to adjust the rope, he seemed to shrink, and trembled a little — in a few moments the signal was given — the bolt drawn — and the unfortunate man was launched into eternity. The convulsive struggles of departing life were very strong, and continued for some minutes, when the limbs collapsed and all was over ; the protracted struggle being probably caused by the knot of the noose slipping to the back of the neck. As usual a vast crowd attended the spectacle, and again we saw with extreme disgust and regret, that many women of all ages, evinced the corruption of all better feelings, by joining with the gazers at the shocking sight.

The Australian 14 August 1845
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Ahern.—On Tuesday morning, John Ahern, convicted of the murder of his niece, Mary Ann Clarke, was executed in Sydney. On ascending the scaffold he appeared very weak. He knelt on the platform, and joined with the Rev. Mr. M'Encroe in prayer, on arising from which he said "Good Christians, I hope you will all pray for me. I am not guilty of the murder. I acknowledge beating the girl, but not with intent to kill her. I stopt with her till she drew her last breath. The whole affair was owing to a few glasses of liquor.'' The drop was then allowed to fall, and the wretched man's struggles continued at least ten minutes.
Maitland Mercury
16 August 1845
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Kings County General Sessions
John Vanderbilt, First Judge, and Judges Conselyea, Smith, and Stilwell.
Cornelius Ahern, indicted for a misdemeanor, not appearing to take his trial, the recognizances of his sureties (Cornelius Kennedy and Hugh Laing) were declared forfeited.
Brooklyn Daily Eagle 8 October 1845
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   DREADFUL FLOOD IN MALLOW.—MALLOW, Thursday Night.—In consequence of the dreadful state of the weather the stewards sent out the bellman to announce the postponement of the races until to-morrow ; but the rain continues to pour so fast and heavy that the course will be one mass of puddle and unfit for any sport, so that I would not be surprised if they should be adjourned sine die. The lower part of the town was inundated at 5 o'clock this evening, the heavy rains having swollen the glen-stream, which runs through the Spa-walk and under the lower part of the main street, whence it gets into the Blackwater. The inhabitants of Bridge-street, Spa-walk, and Lower Main-street, as far as the Long Room, had nearly two feet of water in their houses by 6 o'clock. The coach-horses had to wade through from the bridge up to Mr. Ahern's, a distance of 300 yards. To see the inhabitants of the abovenamed localities removing their pigs, one would imagine that a foreign foe had invaded our town, and that the inhabitants were preparing for an inglorious retreat. The visitation of the flood, which thank God, of late years is a calamity of rare occurrence, brings with it to the occupiers of houses in the lower part of the town many an inconvenience. The damp floor on a November night is a cheerless presage to merry Christmas ; and the inundation was so sudden and rapid that the stock of turf and potatoes in many houses had to be left at the mercy of the wave. I went down Bridge-street at the commencement of the flood, about a quarter before 5 o'clock, walking on terra firma, and before the expiration of five minutes I had to wade through the water, which in that short space of time was six inches high, having rushed from Spa-walk through Old Bridewell-lane, covering the approach to Sir D. Norrey's gate. The Blackwater has overflown its banks, and the whole of the Inches are one sheet of water. Mallow, Friday morning.—The flood caused by the stream from the glens having disappeared about 9 o'clock last night, was succeeded by one more dreadful from the Blackwater, which rose over 25 feet.—Cork Examiner.
The Times 12 November 1845
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MALLOW TOWN COMMISSIONERS—MONDAY
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Present—J. Ahern, T. Collins, J. Bourke, C. Haines, W. B. Williams, R. B. Barry, P. Corbett, R. Winn.
JAMES CARMICHAEL, Esq., in the Chair.
In consequence of the spread of Fever, the Commisioners are getting the houses in the back-lanes white-washed, the lanes repaired and cleaned—two of the Commissioners having undertaken to watch over the appointed districts.
THE AGRICULTURAL SOCIETY'S BILL.
   Mr. R. B. Barry brought under the notice of the Board a Bill brought before Parliament by the Agricultural Society, professing to regulate the Tolls of Markets in Ireland, and putting them under the control of the Grand Juries. Mr. Barry explained the objects of the Bill, and contended that if such a Bill became Law, it would ruin the country ; he would therefore move, that as the Cork Corporation, and Committee of Merchants, had appointed Committees to oppose the Bill, this Board would also petition against it ; with that view he moved that the subject be referred to the Tolls Committee who would put themselves in communication with the Cork Gentlemen.
   Mr. T. Collins seconded it.
   Messrs. C. Haines, P. Corbett, W. B. Williams, J. Bourke, and the Chairman, having concurred in Mr. Barry's view of the propriety of opposing the Bill the subject was unanimously referred to the Tolls Committee.
The Cork Examiner 4 February 1846
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C O R K   U N I O N — M O N D A Y
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THE Board held its weekly meeting on the above day.
Mr. E. CASEY in the Chair.
   State of the House.—Admitted during the week, 179 ; births, 2 ; number at the end of last week, 2,320—2,501. Discharged, 133 ; died 6, absconded, 8—147. Remaining, 2,354—Number in Hospital, 626.
   Mr. Deane read a letter from the Commissioners, stating the imposssibility of availing of the Constabulary for the distribution of voting papers at the ensuing election of Poor law Guardians for the Cork Union.
   The Board having agreed that the Police performed the duty better than any others and more to the satisfaction of the rate-payers.
   Mr. Laurence moved and Mr. England seconded, that the Commissioners be requested to get the services of the Constabulary in any Ward which might be contested.
POTATO CONTRACTS.
   The tenders for the supply of potatoes were then opened :—Joseph Nash, 3,000 weights of white potatoes at 6½d. per weight ; John Keleher, 1,000 at 6½d. ; William Healy, 1,000 at 6½d. ; James Ahern, 1,000 at 6¼d. ; Denis Hickey, 1,200 at 7d. ; William M'O'Boy, 4,000 at 6½d. ; John Murphy, 600 at 7d. ; John Lambert, 2,000 as in heap at 6d.
   Nash, Keleher, Healy, Ahern, and M'O'Boy, were declared contractors for 9,000 weights of potatoes, to be delivered as required.
   Mr. Carr said that 15,00 wts. of oatmeal per week were consumed at the stirabout breakfasts.
   M. Riordan a pensioner was elected store-keeper.
   The Board arose at one o'clock.
The Cork Examiner 4 February 1846
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O'CONNELL TRIBUTE FOR 1844.
————
PER REV. TIMOTHY O'DONOVAN R.C.C.,—
UNION OF LOWER GLANMIRE, £23 8s. 6.
————
Rev. T. O'Donovan 100
Ed. J. Collins, Esq. 100
T. Cleary, Esq. 100
Mr. John Cantillon 100
Mr. Jas. Cantillon 100
Mr. Patrick Daly 76
Mrs. Daly 50
Mr. Daniel Daly 50
Mr. John Cotter 50
A Friend 50
Mr. John Daly 50
Mr. John Cashman 50
Mr. Daniel Horgan 50
Mr. P. Gleeson 50
Mr. James Daly 50
Mr. Alexander Ross 50
M. Wm. Cashman 50
Mr. James Dullea 40
Mr. John Gleeson 36
Mr. John Murphy 26
Mr. M. M'Carthy 26
Mr. M. Kennelly 26
Mr. Patrick Hogan 26
Mr. P. Riordan 26
A Friend 26
Mr. Charles Daly 26
Mr. Mchl. Ahern 26
Mr. Anthony Crane 26
Mr. John Hogan 26
Mr. Michael Casey 26
Mr. Corns. Dineen 26
Mr. Denis Davis 26
Mr. Mchl. Leahy 26
Mr. Jerh. Murphy 20
Mr. John Sullivan 20
Mr. James Barry 20
Mr. D. Donovan 20
Mr. J. Donoghue 20
Mr. John Geary 20
Mr. John Forestal 20
Mr. J. O'Connell 20
Mr. John Riordan 20
Mr. James Hart 20
Mr. Daniel Toomy 20
Mr. C. M'Carthy 20
Mr. Denis Deasy 20
And the remainder in small sums.
The Cork Examiner 4 February 1846
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O ' C O N N E L L   T R I B U T E .
————
M A L L O W ............. £67 2s. 6d.
Mallow, March 2nd, 1846    
DEAR SIR—I send you herewith a Credit Letter for £67 2s. 6d., amount of the O'CONNELL TRIBUTE collected in this town and paid for the past year ; also a list of the Subscribers, which you will please have published in the Cork Examiner and Southern Reporter Papers.
I am, dear Sir, yours,             
JOHN AHERN.   
The Cork Examiner 4 March 1846
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RECORDER'S COURT
James Aherne having been convicted on a charge of stealing a handkerchief, the property of Cornelius Duggan, was, in consideration of its being his first offence, sentenced to two months' imprisonment and to be kept at hard labour.
Cork Examiner 27 April 1846
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IRELAND
MONSTER PROCESSION AND MONSTER SOIREE TO MR. SMITH O'BRIEN
Subjoined is an abridged report of a demonstration which came off in Limerick on Thursday, in compliment to Mr. O'Brien. To the Roman Catholic clergy of that city and county the success of the affair is entirely due. They supplied the presentable names to the soiree—they headed the several sections of the processions, they made speeches, supplied money, and did every other act calculated to give effect to the demonstration. What will the O'Connells say to this? All done, not only without their aid, or that of the Repeal Association, but it is broadly asserted in opposition to the family and the firm. The descriptive part—all, indeed—is from the Limerick Reporter. 'Tis amusing:—
THE O'BRIEN DEMONSTRATION
This great and glorious demonstration came off yesterday, and we can truly say that in the annals of similar displays nothing equal to it has ever taken place in this country, or in the world! No tongue or pen it justice. Oh, if our Saxon tyrants could but see the triumph which in their madness they gave the true descendant of "Brian the brave," how their hearts would quail within them, and their teeth gnash with despair! They heaped insult, injury, and injustice upon him, and the people of Limerick overwhelm him with honours, and the people of Limerick have only done what the people of universal Ireland are prepared to do. There were hair-splitting distinctions in certain quarters as to full approval of the step taken by Mr. O'Brien ; but the proceedings of yesterday proclaim to the world what are the feelings of the people of Limerick, city and county, nay, of Clare and Tipperary, for those counties sent their contingents to swell "the monster" gathering. At an early hour might be seen thousands wending their way from every point of the compass, and before eleven o'clock the town was literally filled with human beings, almost mad with joyous excitement. The fair daughters of Erin constituted no small portion of the vast gathering. . . . When the triumphal car reached Clare-street, the scene was of the most enthusiastic description. The cheering was again renewed, and the windows of every house exhibited the fair sex waving their handkerchiefs, and their faces glowing with excitement. Here that honest patriot, Tom Ahern, discharged a royal salute of twenty-one from "a park" of anvils, which had a most novel and striking effect. . . . 
Lloyd's Weekly London Newspaper 21 June 1846
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ELECTION OF MALLOW TOWN COMMISSIONERS.
—————
(From our Correspondent.)
THE triennial election of Town Commissioners for Mallow took place on Monday.
JOHN O'CONNOR, Esq., in the chair.
   The Chairman stated the object of the meeting.
   Mr. R. Barnett Barry—I propose John A. Braddell as a fit and proper person to act as Town Commissioner for the Town and Borough of Mallow, under the 9th Geo., 4th, chap. 82.
   Mr. John Bourke—I second that.
   Mr. Barry—I also propose John Bourke.
   Mr. Charles Haines, Sen.—I second that.
   Mr. Bourke—I have made up my mind not to act ; I therefore beg to resign.
   Mr. Barry then proposed severally, and Mr. Bourke seconded the nominations of Charles Haines, sen., William Brady, Edward Farmer, Richard H. Bolster, R. Winn, William B. Williams.
   Mr. Bourke—I propose Richard Barnett Barry as a fit and proper person.
   Mr. Charles Haines, sen.—I second that.
   Mr. Barry next proposed, and Mr. Bourke seconded, the following :—William O'Callaghan, John Ahern, Timothy Collins, Michael Ahern, Edward O'Connor, Patrick Corbett, James Roche, John Cronin, Philip Barry, M.D., John Fitzgerald, Owen Madden, J.P., Daniel Linehan, J.P., Richard Barrett, J.P.
   Mr. W. B. Williams—I propose Hercules Jones as a fit and proper person.
   Mr. Timothy Canty—I second that.
   Mr. Williams—I also propose Timothy Canty.
   Mr. John Ahern—I second that.
   Messrs. William Fitzmaurice, John Greany, Peter Sheehan, Jeremiah Dorney, T. W. Haines, Patrick Daly, Pierce Nagle, and Richard Batterberry, were proposed and seconded.
   Mr. George Giles called for the minute book of proceedings, which having been produced, he asked the Clerk to read a resolution which was proposed about making a pathway from Rathview to Fairlane, a job got up by the Commissioners who owned that place.
   The Clerk then read the following from the minute book.
   Proposed by Mr. Timothy Collins and seconded by Mr. John Ahern—“Resolved that a pathway be made from Rathview gate to Richard Hallaran's house, at the corner of Fair lane” (loud shouts of disapprobation).
   Mr. Giles—Can you tell us, sir, who voted for that job?
   The Clerk—I cannot ; the names are not entered, but it was lost by 8 to 3.
   Mr. Bolster—Let us ask each Commissioner, of those who were present, if he voted for it.
   The following gentlemen were then asked how they voted—Those against it were R. B. Barry, W. B. Williams, C. Haines, P. Corbett, W. Brady, J. Bourke, J. Fitzgerald, and J. Roche—8.
   For it—Timothy Collins, John Ahern, and Timothy Canty (groans).
   Mr. Williams addressed the rate-payers, and gave an account of his conduct since his election. He read the following from a printed paper which he held in his hand “At a meeting of the Town Commissioners held on Monday, 4th Nov., 1844, Mr. T. Collins in the chair, Wm. B. Williams proposed, and R. B. Barry seconded, the following resolution, with a view, to allow the poor people the privilege of collecting the manure of the town, a privilege enjoyed from time immemorial —Resolved—“That the contracts for sweeping the streets, lanes, &c., be discontinued, and that the poor people be allowed to sweep them, as usual having no employment.”
   For the Resolution—W. B. Williams, R. B. Barry.
   Against it—James Jones, John Ahern, Patrick Corbett, Charles Haines, Richard Winn, James Gallaher, Edward Farmer.
   Mr. A. Clancy—Some of the Commissioners are contractors for cleaning the streets ; they are the scavengers (oh! oh!)
   A vote of confidence was unanimously passed by the Rate-payers to 17 of the old Commissioners—and a vote of want of confidence in John Ahern, Timothy Collins, Michael Ahern, and Timothy Canty.
   Mr. Edward Sullivan—I think we might endeavour to arrange this matter without going to the expense and trouble of a contest (hear, hear). Let us select four others in place of those in whom the Rate-payers have not confidence.
   Mr. R. B. Barry—But they won't resign.
   Mr. E. Sullivan—Well, let ten Rate-payers demand a poll for them, if they wish.
   The Chairman then read out the following list of names as the newly elected Commissioners, no person having demanded a poll for the others ; seven withdrew their names.
   John A. Braddell, Charles Haines, sen., William Brady, Edward Farmer, Richard Winn, R. B. Barry, R. H. Bolster, W. B. Williams, Wm. O'Callaghan, Edward O'Connor, James Roche, John Fitzgerald, Patrick Corbett, J. Cronin, Owen Madden, J.P., Dr. Linehan, J.P., Philip Barry, M.D., R. Barrett, J.P., W. Fitzmaurice, J. Greany, and Hercules Jones—21 (loud cheers).
The Cork Examiner 10 July 1846
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TO THE EDITOR OF THE CORK EXAMINER.
   SIR.—I feel reluctantly called upon to notice briefly the report of the Election of Town Commissioners for Mallow, which appeared in your paper. Tho' within three or four hours drive of Mallow for a short time previous I was so totally indifferent to the result of this Election that I did not take the trouble of attending. I proposed the formation of a footway to Bathview a year or two ago, not because I happened to reside there, but because it is the only leading thoroughfare out of the town which has no such accomodation, and of so much importance is it deemed, that the Poor Relief Committee unanimously decided on carrying out my views should their funds admit of it.
   I utterly deny that when I proposed the matter to the Town Commissioners, the meeting pronounced it a job ; so far from it, it was looked upon as altogether a question of time, owing to the Commissioners being heavily in debt ; as independently of its public utility, Bathview terminates the boundary of their jurisdiction, has paid about Four pounds a year rates since the act of parliament came into operation, and is by its provisions entitled to its share of the public improvements. Of the Election I shall say nothing, save that it seems curious that Mr. Michael Ahern, who was not at the meeting in question, was rejected, and a Commissioner who voted for the so-called job accepted. As regards Mr. John Ahern, I shall only say that his character for private worth and public principle stands too high to require any eulogy at my hands.
               I am, Sir, your obedient servant,
   Mallow, July 10th, 1846.      TIMOTHY COLLINS.
The Cork Examiner 13 July 1846
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Phrenological Obscurities.—Having adverted to the intractable nature of physical enormities or peculiarities, we have been led by these considerations to the fact, that manifestations which, from the history of the individual, ought to be found, are sometimes absent. John A'Hearn, who was executed for murder last year, was an example of this anomaly. His cruelty to the victim of his lust did not consist in one act, but in a series of acts, perpetrated in the course of months, and generally with deliberation ; the means he used, too, at once suggests a settled ferocity. And yet, "when several gentlemen made a phrenological examination of the skull of the murderer, a few hours after death, they were very much surprised that the organ of destruction was so smally developed, while those of gratitude and amativeness were very largely displayed."

Such is the account given in the newspapers of the physical manifestations in this case ; and with respect to the sentiment specified—substituting the term benevolence—we perceive a correspondence between these peculiarities and the criminal career of A'Hearn. There is no difficulty in understanding how a person, naturally benevolent, may, when under the impulse of a disordered propensity, commit extravagancies ; but there is great difficulty in comprehending, or in imagining, the reasoning of those phrenologists who appear to expect a uniform parallelism of body and mind, an accommodating acquiescence in the material formation, without regard to time, age, and other constitutional and accidental peculiarities. It appears that the progress of these doctrines has been seriously affected by such unreasonable expectations. —Australian Medical Journal.

Maitland Mercury & Hunter River General Advertiser 12 August 1846
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Police Intelligence
Fraud on Emigrants—An application was made, on Saturday morning before Justice Osborne, by a German emigrant, by the name of Henry J. Druman, who stated he had been defrauded out of $62 by a man called Michael P. O'Hern, who, it appears, is connected with an Emigrant Forwarding office, located at No. 133 Washington street, under the firm of Woodward & Co. The complainant stated that he purchased, 7 or 8 days ago, of O'Hern, two tickets for himself and family, consisting of seven persons, for which he paid the above sum, in full, for their passage through to Cincinnati. However, on arriving at Buffalo, he was informed by the agent there, that the tickets were of no value, and that he would have to pay $7 for each person, more, to be forwarded on to their place of destination, Cincinnati. This he was unwilling to do, and applied to the police authorities in Buffalo for redress.

It appears from the story of this German, that this species of fraud, practised upon emigrants, is an every day occurrence, there being, at the present time, over 150 poor German emigrants in the Alms House at Buffalo, who have all been defrauded in like manner; having paid all the money they possessed for their transportation out west, by purchasing these fraudulent tickets, which only conveyed them as far as Buffalo. A vast number of emigrants who are swindled in the same manner, but having more money with them, buy more tickets to carry them on, knowing full well that it would cost as much or more to return back to New York to prosecute, than it would to pay their passage and proceed on their journey. There is also a set of “Runners” in Buffalo—evidently in the pay of some of these agencies, who make it their business to persuade these poor emigrants to buy fresh tickets, and will frequently purchase their old ticket for fifty cents, which cost them $7. This, by this process, these “mock” forwarding agents are reaping a rich harvest by the ignorance of the poor emigrant, and the aid of their own rascality.

The New York Herald 5 October 1846
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ASSAULT—SUICIDE AND INQUEST.
—————
AN inquest was held on Friday last at twelve o'clock in the City Bridewell, before Mr. Coroner Hardy and a jury, on view of the body of Catherine Aherne, an unfortunate woman of the town, who committed suicide on Wednesday morning, by throwing herself into the river, from off Lavitt's Quay, under circumstances alluded to in a previous number of the Examiner.
   Mr. Scannell was in attendance professionally. His Worship the Mayor was also present.
   The three women, named Maria Leech, Catherine Keogh and Catherine Foley, who, it will be remembered, were in custody on the charge of violently assaulting the deceased, immediately previous to the committal of the rash act, were allowed to be present during the investigation.
   John Leary, a Blackrock fisherman, being sworn, deposed to finding the body of the deceased, when hauling in his net on Wednesday morning between the hours of twelve and 1 o'clock, and that the body had then no covering except a mere night garment.
   Elizabeth Linehan, an inhabitant of Godsill's Lane, who rented a room in which the deceased lived for near twelve months, was next examined, and deposed that the deceased, who she never saw drunk more than once, was coming into the lane on Wednesday morning, about one o'clock, when she was attacked by Maria Leech, who came up to her, and exclaimed “now you b—— of a w—— I have you in Godsill's Lane, where I can have satisfaction out of you ;” she then struck the deceased, who was also attacked by Kate Keogh ; both prisoners were entangled in the deceased, when Catherine Foley rushed out and struck the deceased, but could not tell whether it was with a brick-bat or with a stone ; deceased however was cut, and putting her hand to her head, she staggered to the door ; Foley, before entering her house, said “that was the way to pay her off, and that she would pay others in the same manner ;” deceased, who did not speak a word, went towards the river, but did not see her throw herself into it ; saw her since dead.
   Mr. Scannell cross-examined this witness, who prevaricated much—indeed, she swore in her cross- examination diametrically opposite to that which she swore in her direct examination.
   Dr. W. Beamish, being sworn, deposed that he had examined the body of the deceased, and that the only mark of violence he could find was a wound of the scalp, on the left side and near the top of the head ; the body had the appearance of being taken out of the water ; thinks the wound may have been inflicted by either a sharp or a blunt instrument ; there was no effusion of blood between the scalp and the skull, which was usual where a severe or violent blow was inflicted ; a great deal of blood may have flowed from the wound, so as to disfigure her person ; conceiving that there may be some internal injury, although, as was often the case, there may be no corresponding external serious appearance, opened the head, but the brain presented no unnatural appearance ; there was no fracture, neither the wound nor the appearance of the brain, was sufficient to account for death ; it was his opinion that death was caused by drowning.
   To the Coroner—The effect of the blow which deceased received may have stunned her ; but does not think it would cause temporary insanity.
   To a Juror—The wound may have been received in the water by coming into contact with a stone or other sharp substance.
   Ellen Norris, an inhabitant also of Godsill's-lane, deposed that having heard screeching and bauling she went out, and saw the deceased, on the night in question, leaning against the wall, and blood flowing from her head ; heard her say “you will all be sorry for this to-morrow morning ;” deceased then ran up the lane, followed by another girl, towards the “slip ;” witness also followed, and saw deceased loosening the “hooks” of her gown ; implored her to come up and put the bad thoughts out of her head ; but although another girl endeavoured to prevent her, deceased threw off her gown and jumped into the river, which was high at the time ; witness raised the alarm, but although some persons came no one went into her rescue ; deceased swam strong for some time, but sunk under the bridge ; deceased, who was a young girl, did not speak whilst in the water.
   After a few words from the Coroner, on the testimony of Dr. Beamish, which clearly proved that no mortal wound had been inflicted on the deceased by the prisoners, the jury returned the following verdict :— “That between the hours of one or two o'clock on Wednesday morning, the deceased, Catherine Aherne, was violently assaulted by Mary Leech, Catherine Keogh and Catherine Foley, but received from them no serious or mortal wound in said assault, but acting under such excitement, caused by said assault, said deceased ran to Levitt's-quay, and threw herself into the river, in which she sank, and was yesterday taken out of the river Lee dead from drowning.”
   The prisoners were then remanded.
The Cork Examiner 9 November 1846
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POLICE-OFFICE, KANGAROO POINT.
Before Messrs. Abbott and Lewis.
NOVEMBER 16, 1846.
Robert O'Toole v. Thomas Aherne.
Same v. Hugh Drume.
These were two informations charging the defendants with assaulting plaintiff, on the 2nd November last. The defendants, by their Solicitor, Mr. M'Minn, pleaded Not Guilty.

In this case Mr. Drume, who had occupied a house and jetty at Risdon, called the Government jetty, for the last two years, and which still has three years to run, under an agreement from the Steamboat Company, had left his house and proceeded on business to Hobart Town, leaving one of his men in charge of the premises : this occurred on Saturday, the 3rd October. As soon as Mr. Drume left, a Mr. Murtagh, who, it appears, is the proprietor or lessee of an opposition ferry at Risdon, also sent his men, eight in number, to Drume's house, took possession of it, and threw out the best furniture there was in it. On this being communicated to Mr. Aherne, who had previously purchased Mr. Drume's interest, under his agreement, from the Steam Company, he proceeded at once, the same day, to get back the possession if he could. When be arrived, he found his house and premises in the possession of Mr. Murtagh's mob, and he demanded possession, and desired them to leave his house, which they refused to do, and on his attempting to enter the house, he was prevented. Finding that he had no force to compete with Mr. Murtagh's men, he returned to town, and on Monday, the 2nd November, at half-past three in the morning, he returned with a reinforcement, and again demanded that they should leave his house, which they again refused to do. It was under these circumstances that the assaults were committed, which formed the complaint, on this day, inasmuch as Mr. Aherne and his men were constrained to use force, and three or four got their heads cut with sticks.

The Magistrates having very patiently heard the witnesses, decided that, as to Mr. Drume, no case was made out. As to Mr. Aherne their Honors disagreed, Mr. Abbott being of opinion that an assault was proven, and that Mr. Aherne and his party had used unnecessary violence; Mr. Lewis, on the contrary, thought that, the plaintiff and his party had only got their deserts. He observed, that the plaintiffs, in the first instance, broke the law, by taking forcible possession of Mr. Drume's house without a shadow of reason, and that, in his opinion, the present plaintiff ought to have been the defendant, and that he should have been charged with housebreaking. Under these circumstances the charge against the defendant, Aherne, was dismissed.

Colonial Times 24 November 1846
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KILLARNEY QUARTER SESSIONS
RULE OF COURT
John Ahern, larceny—to be transported for 7 years.
The Kerry Examiner 12 January 1847
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MALLOW SOUP DEPOT
A meeting of the Soup Committee was held on Thursday to receive the resignation of Mr. Wm. Fitzmaurice, Secretary, and to audit his accounts. Present—Rev. S. A. Hamilton, Rector of Mallow (chairman) Rev. D. M. Collins P.P.—Rev. Justin M'Carthy, Rev. John M'Carthy, C.C. Rev. P. A. Going, Clk. ; Messrs. J. Bourke, T. Roche, R. Winn, James Roche, R. B. Barry, M. Ahern, Robert Barry.

Proposed by Rev. D. M. Collins P.P. and seconded by John Bourke Esq., and carried unanimously—Resolved—That the best thanks of the committee are due and hereby given to Mr. Wm. Fitzmaurice for the satisfactory state of his accounts and for his attention to the onerous duties of Secretary. A vote of thanks on the motion of Rev. Mr. Collins was also passed to Sir John M'Neil for his very liberal donation of ten pounds. Sir John has no connection whatever with Mallow.
Cork Examiner 3 February 1847
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D I S T R E S S   I N   T H E   C I T Y .
————————
ILLUSTRATED BY A DESCRIPTION OF A HOUSE IN HARPUR'S LANE, AND ONE IN ALBERT ROW,
————————
HAVING frequently heard, from the Reporters of this Journal, instances of the deepest distress among the working classes of this City, one of the Editors resolved on judging, by personal inspection, as to whether the reports of the existing distress were, or were not, exaggerated. The following is that Gentleman's narrative of his first short visit of inspection, limited to two houses—one, in Harpur's-lane, off Paul-Street, in the parish of SS. Peter and Paul—the other, in a narrow Court off Harpur's-lane, and called Albert Row. By the facts simply detailed in that narrative, the reader may form something like an accurate idea of the condition to which the industrious classes are reduced, and the charitable be induced to place funds within reach of those who visit the vast abodes of poverty, and are best qualified to administer relief—namely, the Sisters of Charity and Mercy, the Society of St. Vincent de Paul, and the members of that admirable and in every sense efficient body, the Constabulary. The following is the narrative:—
   Being desirous to judge for myself of the condition of the poor who dwell in the narrow streets and lanes of this city, and to catch, as it were, a glimpse of what misery of which I had heard so many mournful accounts, I made an appointment with Constable Burchell, one of the most intelligent officers of the City Constabulary, for an early hour last Saturday, that we might together visit some few of the many houses of which he had given me a previous general description. The Constable was true to his appointment ; and we immediately proceeded to the scene of our enquiries. Arriving at Harpur's Lane, we entered house, No. 24.
ROOM ON THE GROUND FLOOR
   This, like all the apartments in the house, which was one of two stories, did not exceed 5 feet by 9 in measurement ; it was tenanted by a labouring man, named Michael Ahern, his wife and two children. The husband was out, endeavouring to procure a morsel of food for his family ; but near the fire, composed of a few cinders, sat the wretched-looking mother, and two sickly children, who were looking vacantly at the fire, there being about them none of that restless activity common to children of their years—poverty and hunger had made them prematurely grave. Ahern had been idle since before Christmas ; and since then they had been eking out existence by pledging every pledgeable article in their possession—clothes and furniture, bed and bed clothes—the very shirt off the husband's back—the cloak off the wife—every little rag belonging to the children, upon which a penny could be raised—all went for a scanty meal of food. Constable Burchell assured me that when he first visited the house, the condition of this as well as the other rooms was disgusting and offensive in the extreme, sufficient to generate and spread disease around. Being provided with a certain portion of a fund contributed by the Society of Friends, Constable Burchell promised such relief as bedding and fuel could afford, on condition that the apartment should be immediately cleaned, washed out, and whitewashed, he providing lime for that purpose.—Any description of relief was greedily seized on ; and, in a few days after his first visit, the wretched apartment, and its inside windowless, airless dog-hole—for even now it is no better—shewed symptoms of improvement, the inducement being so powerful as to conquer the sullen apathy of despairing poverty. The entire goods and chattels of this room would not fetch two pence, were they put up for sale ; and the only food in the possession of the mother of the poor tamed-down children, was about a table-spoonful of “yellow meal.” . . .
The Cork Examiner 15 March 1847
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L O N D O N   P O L I C E .
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LAMBETH. —EXTRAORDINARY CASE OF BIGAMY.—
Yesterday, David Ahearne, an Irishman, upwards of 60 years of age, was placed at the bar before Mr. Norton, for final examination on a charge of bigamy.
   Mr. Roberts attended for the prosecution, and Mr. Games for the defence.
   The first witness called was Timothy Ahearne, brother of the prisoner, who deposed, that in the year 1823 he was present at the marriage of his brother with a young female named Ann Fitzpatrick, at Kensington Church. The prisoner after that marriage lived with his wife next door to him, for about two or three years, when they separated, and after this the prisoner went to live with Catherine Joyce, then present. The prisoner and Joyce lived together for some time before he (witness) became aware of their marriage, and when he was told of it by Joyce, he said, “A pretty job you have made of it with a married man.” Joyce then replied, “Married or single, the job is now done.” At this time the prisoner's first wife was alive, and he recollected her dying some years afterwards, when he attended her funeral.
   In reply to the questions of Mr. Games, the witness said that the woman Joyce was perfectly well aware that the prisoner was a married man when she married him, as several members of his family as well as himself had told her.
   Mrs. Catherine Joyce, alias Regan, deposed that in the year 1828 the prisoner visited her as a single man, and made a proposal of marriage to her, which she accepted, and they were married at the parish church of St. Martin in the Fields, on the 12th of October, in the same year. Soon after he commenced to ill use her, and scarcely allowed her the common necessaries of life, and on one occasion he was committed from Bow-street for a month for ill treating her. He had also deserted his home two or three times before he finally left her. Before finally going away he had nearly starved her.
   Cross examined by Mr. Games—Had not been told by the last witness or any of his family that the prisoner was a married man before she had gone to St. Martin's church with him. She was aware that he had lived with a female, as he, the prisoner, had told her so himself. He had also told her that the female was married and that her husband, who was a soldier, had come and took her away from him. Her name at the time of her marriage with the prisoner was Regan, and she was a widow, but the prisoner in putting up the banns had given her maiden name.
   Sophia Craddock, a well-dressed middle-aged female, stated that during the summer of last year the prisoner paid his addresses to her as a single man, and believing that he was so, she consented to be his wife, and they were married on the 19th of July, at Battersea Church. Soon after she discovered that she had been much deceived in him, for instead of being a kind old man he was quite the reverse—a stingy old brute—and had actually commenced to dispose of her property by piecemeal, when she fortunately discovered that he had another wife living. She sought her out, and gave the prisoner into custody.
   The policeman who took the prisoner into custody produced the certificates of the three marriages.
   The prisoner, in reply to the charge, said that when he married Joyce she was perfectly well aware that he had another wife living ; but her reply was that she did not mind that. With respect to Mrs. Craddock, he would admit that at first when he met her she might not be aware he was a married man ; but when she asked him to have her he acknowledged that it was no use in thinking of such a thing, as he was a married man. Her reply was that she did not mind, and that if the other wife did not trouble them they should not trouble her, and upon these conditions he married her.
   The prisoner was then fully committed to take his trial on the charge of marrying Catherine Joyce, alias Regan, his former wife Ann being living at the time ; and the evidence of the third wife, Mrs. Craddock was also taken, and she was bound over as a witness in the case.
   Mr. Games applied to have the prisoner admitted to bail ; but Mr. Norton refused to comply with his request, particularly as the proceeding, at the Central Criminal Court commence next week, and his period of imprisonment before his trial will be of short duration.
The Cork Examiner 7 April 1847
    [see also: The Times 9 April 1847]
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NEW COURT.
(Before the COMMON SERJEANT.)
   Daniel Ahern, 61, labourer, was indicted for feloniously marrying Elizabeth Fitzpatrick, his wife being alive.
   Mr. Payne defended the prisoner.
   It appeared that the first marriage took place about 20 years ago, and after the prisoner and his wife had lived together a few years they separated, and since that time it appeared the prisoner had contracted two other marriages, one with a woman named Fitzpatrick, and another with a woman named Regan.
   The brother of the prisoner proved the first marriage ; and he also stated that the woman Fitzpatrick was perfectly well aware that the prisoner was a married man when the ceremony of marriage was performed between them.
   Proof was then given of the other marriage, and the prosecutrix, in cross-examination, said that the prisoner represented himself to her as a widower, and she denied that she was aware he was a married man. She, however, admitted that she had cohabitated with him before marriage.
   It transpired, in the course of the case, that the first wife had died in the interval between the second and third marriage, so the latter was, no doubt, a lawful one.
   The jury returned a verdict of Guilty, and the prisoner was sentenced to nine months' imprisonment and hard labour.
[This apears to be the same case as reported in The Cork Examiner of 7 April 1847, yet the details are horribly jumbled, the offender being identified as David Ahearne and then Daniel Ahern and the woman Fitzpatrick being alternately identified as both the first and the third wife.]
The Times 9 April 1847
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POLICE OFFICE—WEDNESDAY.
——————
   The magistrates presiding were JAMES ROCHE and JOHN BAGNELL, Esq.
D. D. Curtayne v. John Ahern.
   On the magistrates directing the clerk to call on this case, the name of the defendant was frequently called, but no response was made.
   Mr. Roche—Shall we issue a warrant against Ahern?
   Mr. Curtayne—I suggest nothing to the court, but I believe that is the legitimate course.
   Mr. Bagnell—What is this case?
   Mr. Curtayne—For obtaining money under false pretences.
   Mr. Bagnell—That is the same charge as we had before ; but there was no witness present. Has a witness been summoned or does he appear now?
   The name of the witness was called, but it did not appear that he was in attendance.
   Mr. Curtayne—I would submit with great respect—
   Mr. Bagnell—No witness appears.—
   Mr. Curtayne—If Mr. Bagnell, as soon as he is done, permits me to make an observation.—
   Mr. Bagnell—I was asking whether a witness was summoned, I understand he was not, and I don't think you can go on with the case.
   Mr. Curtayne—You will perhaps permit me to pursue the course that I am advised I ought to pursue ; and of course, if I am improper in that proceeding, you will dismiss it.
   Mr. Bagnell—The case was before two magistrates on a former occasion.—
   Mr. Curtayne—I am prepared to make oath it never was—
   Mr. Bagnell—If—
   Mr. Curtayne—If, if (laughter).
   Mr. Bagnell—You must not interrupt me, Sir. There was a case mentioned and it was this that Ahern, after leaving in your service, went and obtained money at Mr. Bowden's. We wanted the evidence of the person there to prove that he did so, and that evidence not being forthcoming he was dismissed. I understand this witness has not been summoned, and therefore this case now stands as before.
   Mr. Curtayne (addressing Mr. Roche)—Mr. Chairman, Mr. Bagnell, with great respect has made a statement, and I am sure has done so under the impression that what he was stating was perfectly true, but I beg to inform you that such is not the fact. Mr. Curtayne then begged permission to make his application.—
   Mr. Roche—Well do it.
   Mr. Curtayne—After there is a little silence.
   Mr. Feath—Don't address me Mr. Curtayne I am not disturbing the court (laughter).
   Mr. Curtayne (addressing the Bench)—I am very unwell and if you will not interrupt me I will proceed.—
   Mr. Roche—You are only interrupting yourself (laughter).
   Mr. Curtayne then detailed at length two charges against Ahern, with which the public are pretty well acquainted—the first was for stealing a number of the Cork Sentinel, stating first to Mr. Curtayne that he had delivered it as directed; and, on Mr. Curtayne ascertaining that he had not delivered it, asserting that he had returned it to the plaintiff. That variance Mr. Curtayne contended was proper evidence to be submitted to a jury. This portion of the case Mr. Curtayne illustrated by reference to the bank with which Mr. Roche is connected, and adverted to the proceedings that would be probably taken in the event of a porter of that establishment being guilty of a similar delinquency to that which, it was alleged, Ahern had committed. The second charge against the defendant was that he had on the 30th of August, by representing himself as in Mr. Curtayne's service, obtained the sum of sixpence. He refused to give any information on this subject, though frequently interrogated by the plaintiff until Thursday last (the day on which he was summoned) when he rapped at Mr. Curtayne's house at an early hour, and on that gentleman putting his head out of the window to ascertain the cause of so early a visit, he found Ahern standing at the door. Mr. Curtayne asked him what he wanted, and Ahern replied that he was satisfied to pay the sixpence provided Mr. Curtayne gave him a proper receipt for it (laughter). Mr. Curtayne informed him that he would have nothing to do with him, and he was then in the hands of the law, and he was inclined to leave justice take its course. In conclusion the plaintiff alluded to what he termed the threatening attitude that had been observed towards him by Mr. Bagnell on the occasion of a former application.
   Mr. Roche—I dare say you will admit he is much more indulgent now.
   Mr. Curtayne—You are much more indulgent ; but I have a right to be heard, I have a right to be indulged. I told you yesterday that you had no power to compel Mr. Bowden or his clerk or either of them to appear, unless the party was in custody. My application is now, with great respect, and I do it under the correction of the court, as this case will be investigated, that a warrant be issued, first for stealing of the paper, the property of me—David Daniel Curtayne—whom you all know (laughter) ; and on the second charge for obtaining the sum of sixpence from Mr. Bowden fraudulently and under false pretences, representing himself as my servant. My application is then that you issue a warrant for his apprehension—
   Mr. M'Carthy—Your Worships cannot comply with his request.
   Mr. Roche—Yesterday when you spoke of this case, I made inquiry whether the matter had not been already investigated, and you said it was not at all the same case. I asked whether you could prove it by evidence and you attempted in a manner that I did not understand—
   Mr. Curtayne—Attempted ! (laughter)—
   Mr. Roche—I certainly could not understand you—
   Mr. Curtayne—Well then with great respect you must blame your own understanding (great laughter).
   Mr. Roche—I am very thankful to you for what you have said ; for a lesson in humility is sometimes necessary for every person. I made use of the word attempt, because, certainly I did not understand you, but that may have been my own fault. But I am sure, under all the mass of language which you made use of—
   Mr. Curtayne—Proper, I hope (laughter).
   Mr. Roche—Oh, certainly. But I conceive three lines would have been equally effective in conveying what it was your intention to have said.
   Mr. Curtayne—I might indeed if I were so well educated as you are. I would be delighted to have had such a tutor as you in the early part of my life (great laughter).
   Mr. Bagnell—They are precisely the same cases, as were brought here before.
   Mr. Curtayne—Mr. Roche, you will please to look into the summons you signed yesterday, and that with great respect you will find to be written, a recorded contradiction of Mr. Bagnell's statement.
   Mr. Bagnell—That will be very immaterial—
   Mr. Curtayne—Immaterial (laughter).
   Mr. Bagnell—What is written behind my back cannot convict me.
   Mr. Curtayne (addressing Mr. Roche)—You are bound to believe, sir, what your own senses and your own judgment will convey to you in preference to what Mr. Bagnell would undertake (laughter).
   Mr. Roche—But just now you said I had no judgment (continued laughter).
   Mr. Curtayne—Why if you had no judgment you would be an idiot (renewed laughter). I did not say you had no judgment because you could not find your way back to the South Mall if you had not. A bill of indictment has been found by the Grand Jury—this unfortunate man was put into gaol at 10 o'clock on Saturday night and kept there until 10 o'clock on Monday morning—the bill of indictment was found by twenty-three gentlemen where this gentleman has dismissed the case. The same will probably occur again—so much for the profundity of Mr. Bagnell's decisions—
   Mr. Bagnell—I am perfectly satisfied.
   Mr. Curtayne—I bid you good morning—
   Mr. Feath—Good morning, Mr. Curtayne (laughter).
   Mr. Curtayne—One word, if you please—I have been frequently insulted by a man of the name of Feath who comes here apparently for that purpose.
   Mr. Feath denied that he had done so, and Mr. Curtayne retired.
The Cork Examiner 10 September 1847
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A GOOD EXAMPLE—The Rev. Mr. Aherne, a Roman Catholic priest at Fermoy, County Cork, Ireland, has broken through the rule of celibacy prescribed for the romish priesthood, and taken unto himself a wife in the person of the handsome and accomplished daughter of an M. D. in the same vicinity. The Rev. gentleman's brethren of the cloth here could not do better than to follow his example.
Melbourne Argus 21 December 1847
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Calendar of prisoners for the county Limerick
Cornelius Tracy, Patrick Ahern, James Healy, Michael Gleason, John Walsh, Michael Falvey, David Connell, John Bourke, Thomas Hoare, Cornelius Daly, and Thos. Walsh, riotous assembly in arms, and driving off cattle belonging to Robert Fetherstone, Esq.,
Freeman's Journal 28 January 1848
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TO BE IMPRISIONED.
For nine months: James Healey, Thomas Walsh, John Walsh, Thomas Moore, John Rourke, Michael Falvey, Michael Leeson, David Connell, Connor Daly, Connor Tracy, Patrick Ahern, and Thomas Guerin, riotous assembly at Bruree.
Northern Star 5 February 1848
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Mr. Thomas Ahern, of Catherine-street, is engaged in the manufacture of pike heads, which is [sic] branded with his own name, and the sale is likely to be brisk.—Limerick Chronicle.
The Armagh Guardian 10 April 1848
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The Pike Mania.—A countryman from the neighbourhood of Rathkeale, on Monday, pawned his outside coat to purchase a pike in this city! Since our last the sale of this formidable weapon of defence has been exceedingly brisk, as the peasantry are daily arming, and Mr. Aherns' [sic] forge is crowded with country people. —Limerick Chronicle.
The Armagh Guardian 17 April 1848
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Evictions.
From our correspondent.
Some time since the Bird-Hill property, comprising, I am informed, upwards of 1500 acres, had fallen into the possession of Mrs Margaret Ormsby, who resides in CastleConnell. Part of these lands were previously held by a middleman, Mr. Stephen Hastings Atkins, who, it is said, either was ejected or compromised with Mrs. Ormsby. On the property of Bird Hill was located a national school, where some two hundred or upwards of the neighbouring children received the blessings of a religious and moral education, under the superintendence of Mr. and Mrs.McGrath. The National School was, it is said, purchased by the Board of Education for the sum of £150; but when Mr. Atkins gave up possession of the land, it was taken possession of by Mrs Ormsby, and converted into a Bible School. As soon as this school was established, numerous, it is said, were the inducements held out to the neighbouring Roman Catholic children to attend it. Among the many, they were to receive daily one meal of Indian stirabout, served out to them, of course, in forma pauperis. Accordingly several half starved were attracted to the stirabout school, and now be it stated that upwards of 70 children of the Roman Catholic persuasion attend it. The school is daily visited by the Misses Going. The Catholic Clergymen of Newport have repeatedly warned their flocks against the school. Mr. Twiss, who has been made manager of this estate, and who is nephew to the Landlady, Mrs. Ormsby, ejected several of the tenantry, and by granting scanty compensation, succeeded in obtaining voluntary possession. The following are the names of the unfortunate evicted families who resided on the lands of Gregaugh.
 . . . 
Jer Ahern, 3
(Number after name is the number in family.)
Tipperary Vindicator 21 April 1848
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COUNTY LIMERICK QUARTER SESSIONS
COURT—Tuesday
Richard Barry, Anne Leahy, Thomas Ryan, Jas. Harty, and John Ahern pleaded guilty to a charge of stealing property out of the workhouse. The Barrister told them if they were beggars they had no right to be thieves, and sentenced them to seven years transportation.
The Limerick Reporter 6 November 1848
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UNCLAIMED LETTERS
The following is a list of unclaimed letters lying in the General Post Offlce, Sydney, for the month of December, 1848 :—
 . . . Michael Ahern, Raven's Wood, Argile; . . . 
The Sydney Morning Herald 19 January 1849
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COUNTY CRIMINAL COURT
Daniel M'Carthy, Ellen M'Carthy, and Honorah Ahern were charged with having, on the 21st of January, at Lisaverna, broken into the house of Denis M'Auliffe, and stolen therefrom several articles of wearing apparel, the property of the said Denis M'Auliffe. Ellen M'Carthy and Honorah Ahern were also charged with receiving several of the stolen articles, knowing them to be stolen. Ellen M'Auliffe was examined by Mr. Copinger, and deposed that on the night stated in the indictment the prisoner, with a large number of other parties, broke into her house, and stole a large quantity of articles of wearing apparel, and other property, some of which she identified. Denis M'Auliffe corroborated the evidence of the witness. Constable Kent deposed that he arrested the prisoners in Burnt Lane, in the City of Cork, about nine o'clock, on the night of Monday, the 22nd of January; found in the house all the articles which were produced in Court. Some other witnesses having been examined, the Jury found a verdict of guilty, against Daniel M'Carthy, acquiting the female prisoners. The prisoner was sentenced to be transported for a period of ten years.
Cork Examiner 30 March 1849
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THE CONTROVERSIAL DISCUSSION NEAR KENMARE
The stopping of the discussion, that was fixed for the 9th and 10th of last month, between the Rev. James Rogers and the priest Ahern, near Kenmare, suggests several matters worthy of consideration at the present time. It is plain that the government will not allow any procedure that tends to the confusion of Popery to be carried on unmolested-that the exposure of the weakness and wickedness of that system of darkness and delusion is a good unwelcome to the policy and feelings of our present rulers—that the behests of the Popish priests are to be strictly adhered to, and disgrace and encouragement to be cast upon all Protestants who are fearless, forward, honest, and true to their principles!—and that any effort to rescue Ireland from mental and moral degradation must be carried in despite of priest-ridden officials and Popery-fostering governments.

There can be little doubt that the truculent conduct of Father John O'Sullivan, the pet witness of Lord Lansdown, has done good, much good in exhibiting the real character of the priests; and the issues of the day are likely to do more for the progress of inquiry among the people, than if the government and the priests had allowed the discussion to proceed quietly, as the people plainly wished, and as had been arranged. Great praise is justly due to Mr. Rogers for his admirable discretion, mildness, and cool demeanour throughout the whole affair.

The truth is, the priests did not wish for the discussion at all, as is clear from their refusal of Mr. Roger's second challenge.—Christian Examiner.

Ballina Chronicle 19 September 1849
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List of letters remaining in the Post Office at Northfield October 1, 1849
Ahern, Timothy
Vermont Watchman 18 October 1849
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The Rathkeale sessions concluded on Wednesday, the number of civil bills tried having been 600 and 25 ejectments. The grand jury were sworn on Monday, Edward Brown of Wilton, Esq., foreman. The following are the convictions: Michael Hannigen, larceny of £5 from his employer, Archdeacon Warburton, to be transported 7 years; Daniel Mulvihane, larceny, 1 month; John Neill do., one year; James Ahern, John Hayes, Michl Dillane, John Lacey, Thomas Flaherty, cow stealing, 15 years transportation; John Carroll sheep stealing, 15 years; Ellen Dwyer, larceny, one month; ...John Fraley, Michl Fraley and Edwd. Fraley, cow stealing, 9 months; John Kiely, do. 1 year; ...Michl Ryan, cow stealing, 15 years; ... The above prisoners were escorted to the county gaol on Thursday evening by sub inspector Channer and Constabulary Adare. Robert Tighe, Esq. Assistant-Barrister, opened his sessions court at Bruff this day, for trial of civil business.
Limerick Chronicle 20 October 1849
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