Ballykilcline in the News, July 6, 1844

[Mary Lee Dunn]

From the Roscommon Journal and Weekly Reporter, July 6, 1844<p>Extraordinary Proceedings<br> One of the most unheard of and novel proceedings we have ever known, took place in Strokestown on Saturday last. It seems there are some lands called Ballykilcline in that neighborhood, claimed by the crown, between the tenants of which and the Commissioners of woods and forests, a litigation for several years has been going on. The crown having at length got judgment against four of them (one of whom was a widow with six children) and in the month of January last, the Sheriff with a large body of military and police, accompanied by the Crown agent obtained the possession, by dragging the unfortunate inmates out of their wretched cabins, and at that inclement season of the year, sending them wandering on the world. The agent being provided with staples and locks, then proceeded to close the houses and fasten them up, which, having done, the party retired from the scene of misery. So matters remained, and on the agent returning in some weeks after, he found the wretches comfortably reinstated in their former habitations. The opinion of some of the castle advisers is then taken, and under the almost obsolete act, of the 5th Richard, the second and the 8th of Henry the 8th cap 9 he is desired to apply to three magistrates to issue a precept to the Sherriff to empanel a jury, and endeavour of the crown, which would empower the magistrates to grant them warrants to retake the possession, and if necessary, to level the cabins of these poor people, Cap. Duff R.M. Bartholomew Mahon, and Godfry Hogg, Esgrs., having signed this very unusual precept and the parties having been summoned, proceeded to hold their court at one o'clock on that day. Mr. Brown appeared as counsel for the crown; Messrs Blakeney and Harkan, as counsel and Mr. H. O'Farrell as agent for the poor people. The Sheriff then called over the panel and swore the first 24 gentlemen who answered; several witnesses having been examined on behalf of the crown, Mr. Blakeney addressed the jury at considerable length, commenting on this very novel proceeding and urged on the attention of the jury that unless the entry was violent that they could not find for the crown, and that the precedent was a dangerous innovation on the liberty of the subject and that their safer course was to leave the crown to their remedy in a court of law. The jury remained a long time in consultation and then announced that they could not agree there being but three out of the entire number that were for finding for the crown.<br> Nothing could exceed the joy of the people on this being made known to them, and for the present the poor people are restored to their habitations which has been for generations occupied by them and their ancestors.
<br>
<br><hr size=7 width=75%><p>


MaryLDunn@aol.com