12th May 1831
Reference Numbert18310512-69
VerdictGuilty > manslaughter; Not Guilty; Not Guilty; Not Guilty

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Second Middlesex Jury, before Mr. Justice Littledale.

1056. THOMAS GALLAGHER , EDWARD GALLAGHER , MARTIN MORAN , and ANN MORAN were indicted for the wilful murder of James Dockery .

MR. ADOLPHUS conducted the prosecution.

ELIZABETH WHITE . I live in Lumley-court, Strand. On Sunday morning, the 24th of April, between eight and nine o'clock, I saw the prisoners and the deceased, in Brewer's-court, Bedfordbury - I saw Thomas Gallagher , who wore

a straw hat, holding the deceased by the collor, and as the deceased was trying to make his escape the prisoner, Thomas Gallagher, caught him by the collar and struck him several times with his fist - the deceased did not strike again, but only tried to escape; Edward Gallagher was there and struck him once on the neck with his fist - that is all I saw him do; I heard the people round say that the quarrel began on account of the man's religion - I did not hear either of the prisoners say any thing; I saw Thomas Gallagher strike him twice on the head with a stick - he then fell to the ground; it was a long stick, a good deal like a broom-bandle - this was after Edward struck him; he fell to the ground, and then the people round cried Murder! I went away, and saw no more - Thomas Gallagher put his hat over his face (shouched,) and walked up Bedfordbury - Thomas Gallagher did not appear in any way in liquor; he walked up the street very steadily - I did not notice the others.

Cross-examined by MR. CLARKSON. Q.How far from Bedfordbury do you live? a. It is a good way - my is huband was not with me; I had just got up, and was going on some business for myself.

Q. What was the first you saw of the transaction? A. I heard a noise; I was then in Bedfordbury, one or two doors from Brewer's-court - I cannot tell when the quarrel began; I did not go quite close to them - Thomas Gallagher did not appear very angry; I saw them in the court, not in any house - I was there about a quarter of an hour, there were seven or eight people there when I first went up - I knew none of them; they did not go in doors, while I was there - I am sure Thomas Gallagher had the back in his hand when he struck him; I cannot tell where the stick came from - I never saw it till it was in his hand, just before he struck him; he struck him with his fist at first - he had no stick in his hand when he held him by the coller.

Cross-examined by MR. BROKIN. Q.Are these people natives of Ireland? A. I have heard so - a great many irish live there; I do not know where Edward Gallagher lives.

MR. ADOLPHUS. Q.Gallagher struck him first with his fist, how long after that did he strike him with the stick? A.Two or three minutes - this is the stick (looking at the handle of a bricklayer's server, produced by Wilson); this iron part, which is now broken off, was not on when I saw it - when he was struck he fell to the ground, and was bleeding at the mouth and nose; what had happend before I came I cannot tell.

MARY WRIGHTSON. I am single, and live in Brewer's-court, Bedfordbury. On Sunday morning, the 24th of April, I was looking out of window, and saw Thomas Gallagher draw the deceased out by his collar, and throw him on the stones in a very violent manner - he dragged him out of the house where he lodges; Thomas Gallagher and the deceased lodge in the same house - I went in and saw no more; I merely saw him drag him out by the collar - he chucked him down in a spiteful manner on the stones, on his face; I observed nothing further - I saw nobody there but Thomas Gallagher and the deceased; I knew them both by sight, but had no acquaintance with them.

Cross-examined by MR. PHILLIPS. Q.Have you lived long in the court? A. Yes, six years - the Irish live in that house; I was drawing up the window when I saw this - I had heard no noise; I was accidentally looking out of window - I am certain nobody else was there.

MR. ADOLPHUS. Q. How many houses are there in the court? A.Seven - I live at No.8; the Irish live at No. 4, which is next door.

PETER GILLDAY. I live in Brewer's-court. On the 24th of April, I saw Thomas Gallagher drag the deceased Dockery out of the outer door of the house - neither of them said any thing; he had hold of him by the collar, and let him fall down on the stones on his back.

Q. Do you mean that he let him fall by his own weight? A. I cannot say; I suppose he meant to put him down out of his hand on the flags - he was apparently dead then to me; nobody else was there - I immediately went and fetched a Policeman; I came back with him, and found in my absence the deceased had been taken into No. 4 again - I did not see him again till he was in his coffin.

Q. Then at the time you saw him brought out of the house there was no scuffle? A. No - Thomas Gallagher dragged him out by the collar, with his heels on the door cill; he appeared dead then - this was between eight and half-past nine o'clock; I saw nobody by.

JEREMIAH CORCORAN. I live in Doke's-court, Little Dean-street, Westminster - I did not know the deceased, but I know all the prisoners. On Sunday morning, the 24th of April, I was at my brother's, and heard a cry of Murder! I put my head out of the window, which is in the next court - there is only a wall between; I could see into Brewer's-court, and saw Thomas Gallagher draw the deceased out by the collar, and throw him on the stones - he seemed to me quite helpless; I could not say whether he was dead or alive - he did not strike him then; he only threw him on the stones - he then went down the court; I came down stairs, went into the court, and he came back again towards where the man was, and said to the deceased, "If you recover yourself, I will come and see you at night again;" the deceased was taken in doors by somebody, and I saw no more of him- I was there when the Policeman came, which was in ten minutes or a quarter of an hour; before the deceased was taken in I observed blood on the side of his head, and about his mouth - this was after he was thrown on the stones; I cannot say whether it was there when he was first brought out of the house - he appeared to me to be dead when he laid on the stones.

JAMES FOX. I live in Brewer's-court, on the second floor. On the 24th of April I got out of bed about ten minutes before eight o'clock, or ten minutes after, and on coming into my sitting-room, I heard a screaming in the court - I put my head out of window, and saw Thomas Gallagher drag the deceased out into the court, and drap him on the pavement, right opposite the door; I walked down stairs directly, in my shirt-sleeves, came down as far as the body, and he seemed apparently dead - I saw no marks of violence, except a little blood on his face; I turned from the body, walked down towards the court, and stood close to the pump - shortly after Thomas Gallagher walked down to me, and said, "Fox, why have you not been to the row?" I said, "I don't want to be;"

he told me that Meran and his lodger, (meaning James Dockery , the deceased,) had been pitching it into him and said, "Would you take it ill of me to take my own part?" pitcking means striking or assaulting him - he walked down towards the bottom of the court, and shortly after a Policeman walked into the court, passed him, not knowing him, and went up to where the deceased laid - Gallagher walked towards the bottom of the court, and shortly after Martin Moran, the prisoner, walked from Bedfordbury into the court; the body had at that time been moved into Moran's apartment - I did not see it moved, but afterwards saw it there, and have no doubt of its being James Dackery 's body; when Martin Moran walked into the court, I asked him where he had been, as a man was apparently dead in his house - he said he had been in search of a Policeman, to give charge of Thomas Gallagher and Dockery for having a row in his house; that is all I saw - I was taken up by the Policeman, and discharged by him on promising to give evidence.

Cross-examined by MR. CLARKSON. Q.Thomas Gallagher told you Moran and the deceased had been pitching into him, and Moran said the deceased and Gallagher had a row in his house? A. Yes.

JOHN WILSON. I am a serjeant of the Police. On the morning of the 24th of April I was fetched to this court by Gillday; I got there about nine o'clock in the morning, and found the court full of people - I inquired where the fight was, and was told at No.4; I went to No.4 - the door was closed; I asked for admittance - Mrs. Moran asked my business; I said I understood a man was either killed or dying - she said there was nothing the matter, there had only been a spree with a couple of her lodgers, and that the man was not dead - I then shoved the door, and it opened; she then said, "Now you may come in;" I said, "I don't thank you for that," because I had opened the door myself - I entered the front room on the ground floor, where Mrs. Moran lived, and there saw a corpse laying across the bed; I felt the man, and he was quite cold, both his breast and forehead - I then saw blood on Mrs. Moran's arm, from her elbow to her wrist, and took her into custody; I took her to the station-house, when I got assistance; I went for a surgeon to inspect the body - Moran's husband had gone away then; I had seen him when I first came into the court, but did not know he was her husband; after I came from the station I took Moran into custody - I found him at the bottom of Bedfordbury; he had not gone away - he also had blood on his hands, and was apparently in liquor; I could not say he was drunk, but he had been drinking - I took hold of him; he said he would not be handled by a Policeman, but I still held him, and took him to the station; by order of the superintendent, I went back to search the house - I then found the stick produced under the bed where the deceased was laying; the superintendent came afterwards, and found the iron server belonging to it, not far from where the stick was; he turned the bed up, and found it - when I found the stick it was in the state it is now in, with a few drops of blood on it, and the server had some hair to it; it appears to me to he human hair - it adhered to it quite close, as if it had been a blow.

Cross-examined by MR. CLARKSON. Q.Have you had that stick ever since? A. No, it has been locked up in the superintendent's room - we have not washed it; here is the mark of blood - the stick is split at one end - I only know that I found it; I cannot say in whose hand it had been - Mrs. Moran might have soiled her hand with blood if she had laid hold of it; human hair is sometimes used with mortar, I believe, for a shift - the server is used to scoop mortar; it had been in mortar - there are only small particles of mortar on it now.

Cross-examined by MR. BARRY. Q.You expected to find the deceased at No. 4, living or dead? A. Yes - I pushed the door open with my hand; I gave one push, and it opened - the room is four or five feet from the outer door.

Q. If a man had received an injury, and was taken into the house, is it not very probable he would be taken into that room? A. Yes; there is another room on the side, but that is a sitting-room; there were a great many lodgers in the house.

MR. ADOLPHUS. Q. Was there any fresh or moist mortar on the server, to which the bair could be? A. No- the bair was on the edge of it; I did not compare the hair with any thing.

JOSEPH SADLER THOMAS. I am a superintendent of the Police. I went to Brewer's-court with a party of officers, on receiving information, about a quarter-past nine o'clock - I found a great number of persons assembled in the court, and considerable confusion; I entered the house No. 4, and found a dead man laying on the floor - I observed his face and neck greatly discoloured, and a slight contusion on the right side of the nose; his face appeared to have been recently, but very imperfectly, washed - I inquired who had done it; the female prisoner was present - I was answered by several voices "Thomas Gallagher;" I inquired for him, and was answered by Ann Moran, "Oh, he is off - you will not get him;" I then ordered the officers to guard the house, and suffer nobody to escape; I secured every person in the house - Wilson took Mrs. Moran and Martin Moran came, having promised Wilson he would do so; I examined the apartment, and in the room facing Moran's, on the left, I perceived marks of fresh blood on the wall - there were three beds in that room; I found the server in Moran's room, under the bed, which was then turned up - the body was on the floor when I entered; I examined the body more particularly, and found a wound on the back part of the skull - it appeared a sort of bruised wound, which might be made with a stick, and certainly not with an iron cutting instrument; I found this hair on the server (producing three hairs) - I saw several spots of what appeared to me to be blood in the front of Ann Moran's dress; it might have happened by her moving the deceased about, if he had been brought in wounded; on the following morning she had either sucked or washed out those stains - I sent an officer for Thomas Gallagher, and he brought him in in half an hour.

JOHN MURDOCK. I apprehended Thomas Gallagher at the Three Augels, in Long-acre, about half-past nine o'clock that morning - it is about five minutes' walk from Brewer's-court.

JOHN NATHAN BAINBRIDGE . I am a surgeon. I was called in to view the body of the deceased; two other gentlemen were present - I made notes of my examination; he

appeared to have been a stout, well-formed, healthy man - I found a wound on the head, which had penetrated some depth into the scalp; on moving the scalp, there was a considerable quantity of blood or serum, also on the chest; it is my opinion that the cause of his death was the extravasation of blood on the brain, and that external violence such as blows or a fall would cause.

GEORGE DOUCHEZ. I am a surgeon, and assisted Mr. Bainbridge - I agree perfectly with his evidence.

PATRICK BARRETT. I am a surgeon, and was present; I agree with the evidence given.

Thomas Gallagher's Defence. I struck in my own defence - he struck me first for not giving him some of the gin which the women sent me out for.

Edward Gallagher's Defence. I stand before the bar of justice with a clear conscience, and am innocent of the charge; on the morning in question, between seven and eight o'clock, I, and one of my fellow lodgers, went into the Black Horse, at the corner of May's-buildings - I returned home about eight o'clock with three loaves under my arm; I brought them into the second floor front room of the house, where this transaction happened, and from that time was never in the court nor down stairs till the Policeman came, about nine o'clock, so that I know no more about it than a man in France; White has merely come for the sake of her expences, to swear my life away - no man in the court can say there was a row there when she says she saw me and my brother strike the deceased; she could not identify me at the first examination, when Sir Richard Birnie told her to point out the two men whom she saw strike the deceased - she could not point out one; I am a very remarkable man, and can be known among two or three people - she could not identify my brother, till Mr. Thomas said, "Did the man wear a straw hat?" Yes, said she - whatever Thomas asked, she said yes to, whether it was right or wrong; she did not point me out- I was remanded from the first examination till Wednesday, when I was brought up, but not examined; I was brought up on the Thursday, and discharged with others from the bar, and as I went home to my lodging, by the Horse and Groom, two Policemen came and said, "You are the man we want," and that I must come back - I went with them to Covent-garden watch-house; Mr. Thomas had the woman up stairs - he fetched her down, and pointing to me, said, "Is that the man?" "Yes, (said she,) that is the man who struck him in the court," and on the inquest she swore there were four men, besides me and my brother, striking the deceased - but at Bow-street she swore it was only two men holding him, and the others striking him; the witnesses against my brother can swear there was no row in the court - I have proof that I was in my chair, fast asleep, when it happened; my landlady and three others can swear I was not down after I brought the loaves up, till after it happened - I did not know what was the matter till I was in the watch-house; I never saw the deceased in my life, to the best of my knowledge - I hope, my Lord, you will weigh it in your bosom; why did not the woman identify me at first? I am remarkable enough to be known - White, I understand, is a very bad character; I sent a person to her last week, and she said she might make a mistake.

Martin Moran's Defence. I know nothing of the business - I went out at half-past six in the morning, and left two lodgers in the room with my wife; I never came back till half-past eight or a quarter to nine, and all the people in the house were then taken prisoners - the Police man asked if I was landlord of the place; I said, I was - he told me to come with him.

Ann Moran. Dockery brought in two women in the morning, and he had the bonnet of one of them in his hand - I said, "Who owns that bonnet?" he said, "That is my business" - I said, "I don't want you bringing in women intoxicated to my place;" one woman said, "Never mind, sendout for 6d. worth of gin" - I said "I don't want gin;" he told Tom Gallagher to go out for 6d. worth - he was a long time gone; the women asked what kept him so long - somebody said something about the women taking the gin in the street; Dockery said, "Never mind, if Gallagher don't bring it in he will be sorry for it" - one of the women said, "Never mind it," and the two women walked out; when Thomas Gallagher came in, they began words - I told them not to be at words on Sunday, and if my husband came in he would kick up a row with me; Dockery said they had a right to do as they liked in their own place - Dockery struck Tom Gallagher; he returned the blow, and struck him - the back of his head came against the bedstead; I ran out and said, "I will not have a row in my house" - I went to the bottom of the court, but could not see a Policeman; I said, "Oh, Murder! here is Tom Gallagher will be murdered! send for a Policeman to take them away" - as I came back Tom Dockery had the man out at the door; I saw no wounds - I asked what was the reason they were going so far with it, and who brought him out - "Who did, (said Tom,) but those that were able to do it?" - Mrs, King and I brought the man into my house; no Policeman was to be found - I have plenty of proof that my door was wide open when the Policeman and doctor came; some of the blood came on my arm in carrying him in, but I had no part in it.

ELIZABETH WHITE. When I was first examined on this charge, my deposition was read over to me, and I made a mark to it - I was so agitated I did not say any thing about Edward Gallagher at the first examination; I could not distinguish him, and could not bring him to mind.

WILLIAM BURNABY. I am a clerk at Bow-street office. On the Thursday Edward Gallagher was discharged with others - White, at that time, could not identify him; she had seen him with others; but about half an hour afterwards he was brought back with White, and it was then she said he had struck a blow - she had a full opportunity of seeing him before, and on the Monday.

ELIZABETH WHITE re-examined. I did not see Edward Gallagher on Monday - I went only twice on the Thursday, and I described him to Mr. Thomas before he was brought in - I was not there when the men were discharged; I was not there on Thursday, till after they were discharged - I never saw Edward Gallagher till I saw him in the watch-house; Mr. Thomas was there - he sent for him after I had described him; I did not know what I was going to the watch-house for - he stood alone when he was shown to me; my husband is a labourer, and I sometimes go out to work.

MR. BURNABY. I do not exactly recollect whether she was at Bow-street twice on Thursday.

JOSEPH SADLER THOMAS. I sent for White to the station on Thursday morning - she did not come in time to go to Bow-street; she described Edward Gallagher before she saw him, and when he was produced she immediately recognized him, without the slightest difficulty - I then took her to Bow-street, and she swore to him firmly; she was only there once that day.

MR. BODKIN. Q.Were you there on Monday? A. Yes; Edward Gallagher was at the bar when she was examined, but he stood back, and she was considerably agitated - she described him as having a defect in his nose - Edward Gallagher had the appearance of being asleep when he was taken.

T. GALLAGHER - GUILTY of manslaughter only . Aged 25. Transported for Life .




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