James ('Red') Vogan bC1787 Cornasus Cootehill Cavan

Greetings

I am trying to find out if the James Vogan mentioned in the Anglo Celtic article below is related. This is the information that I have;

1. My great grandmother x3 is Maragret Jane Vogan b 1858 Cornasus Cavn Ireland died Christchurch New Zealand in 1942 (proven with sources)

2. Her parents are John Vogan (1830-1891) and Margaret Francey (1830 - 1892) All in Cornasus Cavan Ireland (proven with sources)

3. John's parent are said to be James ('Red') Vogan b c1787 and Catherine White bc1804. All said to be from Cornasus. Not yet proven

CAVAN SUMMER ASSIZES, 1848

MONDAY, JULY 11

Judge PERRIN entered the court at half-past nine o'clock.

James VOGAN (an old man) was placed in the dock, charged with having fired a loaded gun or pistol at Susan TRAVERS on the 26th of April last, from the effects of which she languished for some hours and died.

The following jury was empannelled--David GRIFFITH, foreman; Wm. FARIS, Wm. MOORE, John DOWNEY, William DANCEY, Arthur ELLIS, Richard HUMPHRYS, John HAMILTON, Richard KENNY.

Mr. SCHOALES, Q.C., briefly stated the case. He called the attention of the jury to the serious charge made against the prisoner and hoped they would deal fairly between him and his country. He was told (he said) that the prisoner at the bar was in comfortable circumstances, holding a large farm of land; that the deceased's husband was a cottier living under him, and that ill-will existed between the parties, which would come out in evidence. He concluded by calling

John TRAVERS (husband) examined--I lived at Cornassas in April; the house in which I lived belonged to the prisoner, James VOGAN; near my abode were some old walls, the ruins of a house which had fallen in; part of the wall was standing; as you go into where I lived these walls would be on the left; I had a garden, which was to the front; the next house belonged to a man named LYNCH, which was three fields off, or about sixty perches; a man named SORAHAN lives about the same distance away; the road from Ballyduff to Cootehill runs at the front of the garden I held; LYNCH and SORAHAN's house are on the hill at the rere(sic)--one in the front and the other on the back of the hill; our children lived there; her maiden name was BOYLAN; there was also another girl living with us, a sister of my wife's; Fanny is her name; I remember the 26th of April; left home about twelve o'clock on that day; was going to gather firewood to boil the breakfast; I had eaten nothing that day; the girl, Fanny, was in Cootehill for meal; when I left my wife within, she was in good health; the three children were also there at the time; Fanny BOYLAN returned in the evening; I went about 200 perches away, and was about an hour absent; during that time my wife was murdered; on my road back I met the prisoner's son; when I came near my own place two women were going up the hill from it, towards SORAHAN's; they were about ten perches off; when I saw them they were clapping and ringing their hands; I think they did not see me; when I got to the house the children were crying about their mother; they said their mamma was dead at the old wall; she was lying on the ground on her back, and blood about her; there appeared to be no breath in her, a quilt was spread over her; I lifted the quilt, and saw she was all bloody from her side down; I ran up the hill then after the women, but could not see them; I then put her on my back and brought her into the house; her mother was sent for; she and other women came; they got her in that state; the woman came immediately after I took her in; the Reverend Patrick SMITH came a short time after; we had a doctor, Surgeon SHARPE of Cootehill, who arrived intthe evening; this happened on Wednesday, she lived until 10 o'clock on Thursday night; I saw Mr. CLEMENTS, the magistrate, there on the night of this occurrence; my wife's mother and some others remained all the time with her until she died; the prisoner and I were always on good terms until this affair; at the time this happened my wife and he were not on good terms; he and I never had any difference.

Cross-examined by Mr. MAJOR--I was cottier to the prisoner for ten years; my cottage was about the centre of the farm; the road from Ballyduff to Cootehill runs within twelve or thirteen perches of my cottage; there is a lane or path from my cottage to that road; the prisoner's house is on the opposite side of that public road; a man named James PATTERSON resides near our house; his place is on the same side of the road as the prisoners; a large "street" leads to his place from the road.

(A diagram of the neighbourhood was here produced by counsel, at which the court looked.)

To Mr. MAJOR--SORRAHAN lives near PATTERSON, on the same side with prisoner; I found my wife in about the center of the old gable I spoke of; not many yards from that there is a little hill; the gable was lying outside, on the verge of this gable; she had fallen a little towards the gripe or shough; I had no means of knowing the time, but I saw the men's spades sticking in the fields--they were at dinner; I had eaten nothing that day, there was a person in Cootehill for meal, but she had not returned; the breakfast should have been long over at that time; I had been an inmate of a gaol, and under- went punishment at the instance of the prisoner; my wife brought a serious charge against him, but he was acquitted; prisoner had a long, grown-up family, and a good farm, near 100 acreas, with plenty of stock; he had seven cottiers for eight or nine yeras back, they are all away now but two.

James TRAVERS, a little child about eight years of age, examined.--I would go to a bad place if I swore or told a lie; I cannot tell how long I am going to school; I cannot read but I am learning to spell; (witness spelled the word 'book', but failed to spell some others). I am about eight years of age; went once to the chapel of Father Pat. (The court refused to have him sworn).

Mary SORRAHAN, an elderly woman examine.--I live within about 40 perches of the old wall; I was in the door of my house on the day this unfortunate affair happened; I saw the prisoner and another man go down the road, towards Cootehill; he passed my door; Peter M'QUILLAN was the man's name who was with me; I saw him part from the prisoner and go off the road, towards my right; I saw nothing with him then, but in half an hour he returned with a cow; he drove the cow down towards his own house; can't tell how near he was to TRAVERS's; there was a hill between me and that, and it was over that hill prisoner went; that was about the hour of 12 or 1 o'clock; it wasn't long after, until the children came crying and said-----

Court--stop there. Don't tell what they said; only what you yourself saw.

Examination resumed--I then took a man of the name of Tommy CAVANAGH, and went to where the woman was lying, on the broken down wall of the old cabin; there was no one there when I went up; she was lying on her right side, her head was on the wall, she had nothing but her own clothes on then; her clothes were bloody, and their was blood all round; from her left side the blood flowed; I took off her stays, and put water on her hands and lips, for she wasn't like breathing at all; I threw a quilt over her, and soon after went home to give the children their dinner, after which I returned; I know Mary LYNCH; I think she was there when I put on the quilt; I don't know whether I saw any one on my way home or not; when I returned, she was in the house stripped. I did nothing to the wound in the house; I saw it was convenient to her lift hinch; I know father Pat SMITH; he came there; she wan't sensible when I went away; she did not get the benefit of the church till after.

Mr. SCHOALES--What did she say when she came to her senses?

Witness--She said----
Mr. DOHERTY--Oh, my lord!
His lordship decided the question should not be put just then
Mr. SCHOALES--Very well, my lord, I will have to call her again.

Cross-examined by Mr. DOHERTY--I am a married woman; my husband is a labourer, he went out to work that morning; I cannot tell what kind of day it was; I live on the same side with VOGAN.

Mr. DOHERTY--I think you said VOGAN was passing from his own house when you saw him first.

Mr. SCHOALES--Oh, not at all. Going to his own house.

Witness--I said he was passing by my house, and facing to his own.

Cross-examination resumed-- was standing on the flag of my own door; I cannot tell how long I stood there; VOGAN passed my house while I was there; I only saw him while passing; I am acquainted with PATTERSON; the raod passing my house is a public road; I have pretty good hearing by turns; I hear no shot fired--.

To the Court--VOGAN's house is nearer to Cootehill than mine; mine is nearer to Ballyduff than his.

Peter M'QUILLAN, an elderly man sworn--I was at the fair of Cootehill, on the 27th of April, I went there on the 26th; I know where VOGAN, PATTERSON, and SORRAHAN live; I met VOGAN that day; it was after 12 o'clock; he came over from PATTERSON's house to the road. I was on the road when he came out from the road towards Cootehill; I passed Mary SORRAHAN's house with him; after we passed her house, he turned up the fields to the right; I then went on to Cootehill to the fair, and saw no more of him that day; it was a lay field where he turned off, with a little rising hill; I know the house TRAVERS lived in at the time.

To Mr. MAJOR--I was about 5 or 6 minutes in his company, he turned to TRAVERS's side of the road, but I cannot say it was to his house.

James CLARKE sworn--I live in Durrough, about half a mile from TRAVERS's; I know his place, also PATTERSON's and SORRAHAN's; I was working in an adjoining field on the 26th; I was gathering stones; in going home, I would have to pass TRAVERS's house;I was going home aout the middle of the day; I saw the prisoner coming along by his cattle that were grazing; they were convenient to TRAVERS's house; they were to the right, some of them, and some of them down from that; they were not very near TRAVERS's house; I saw him go towards the old walls; in a little time I saw him go from them; I saw Susan TRAVERS there also; she was at the far end of her own house; I was on my way; I heard a noise, it was a shot I heard; I turned round and I saw the smoke--the smoke came from the old walls--after I saw the smoke I saw James VOGAN go up the hill; he was going to the loft side of the old walls, as if for a cow he had there; it was to the left of PATTERSON's; when he went away, I saw him bring a cow with him; he was driving the cow like to his own land, towards PATTERSON's; at the time I saw the smoke I saw nothing of Susan TRAVERS; when I heard the shot I was faced towards Bailieborough--the old walls were a little one side of me, not exactly behind; I was within about 20 perches of the old walls then; when I heard the shot, that was before he went for the cow. I went on home then; in a short time after, when I was going on home, I heard the children cry "mamma is dead."

Cross-examined by Mr. DOHERTY--I remember the inquest;....I swear I never heard of a reward before the inquest or since--I did not swear informations until the 19th of June. I gave it to Mr. REDDY in Cootehill...
When I heard the children cry their mother was dead, I did not return to see what was the matter, nor did I alarm the country--what was the use?....

Mr. DOHERTY--What took you to REDDY on that day, a man you never knew nor spoke to?
Witness--Because TRAVERS told me he was the man to put it all down, TRAVERS went with me, he was not present when Mr. REDDY and I were talking; we conversed in the open street; I met Travers on my way to Cootehill.
Mr. DOHERTY--Did Mr. REDDY speak to you about money?
Witness--No; he told me to wait till 5 o'clock, as he was going to the poorhouse.
Mr. DOHERTY--How often did you converse with Mr. REDDY about the affair?
Witness-I did not see Mr. REDDY from that day till I saw him in the streets of Cavan.
Mr. DOHERTY--Do you mean to tell me, sir, that you never saw Mr. REDDY from the 26th of May until you saw him in this town the other day?
Witness-I do swear it......

Rev. Patrick SMITH, C.C., of Kill, examined by Mr. SCHOALES-- TRAVERS is one of my congregation; I recollect being sent for on the 26th of April; on my way I spoke to one of VOGAN's children; that was about two o'clock; I saw the deceased when I went to the house, she was lying in a corner on a wisp of straw near the fire...I remained there some time, and was just going away when I was informed she could speak; I went to her, and she expressed her joy at seeing me; she thanked God she saw me; I administered the last rights of the church to her.

Court--Now state what she said; but do not mention any names until I tell you.....
Witness--she said she was shot, that the wound was burning her inside, and that she could not live...
Court--Now state briefly what occurred.

Witness here recited that when he went in first, the woman was insensible; he administered to her the sacrament of Extreme Unction, believing she could not live many minutes;...I looked at the wound; it was round like an augur-hole;...I went to examine a bull belonging to the prisoner which was in a field close at hand; I did so because some person said that perhaps it was the bull killed her; I returned again...

[More witnesses testified: Dr. SHARPE, Mr. CLEMENTS, Bridget BOYLAN (the deceased's mother), David M'BINN. There was was discussion as to whether the deceased was pregnant (the terms pregnant and pregnancy were used -- a post mortem indicated she was not pregnant), the deceased's mother said her daughter was 31 years old, but otherwise the testimony was repetitive.]

Robert BURROWES, Esq., Charles J. ADAMS, Esq., J. F. VERNON, Esq., and Rev. Mr. LITTLE (Presbyterian clergyman), gave the prisoner a very excellent character...

The jury retired and in about an hour returned into court with a verdict of NOT GUILTY.

The prisoner maintained a stoical indifference during the proceedings; part of the time eating bread or cakes, particularly while Mr. MAJOR was addressing the jury in his defence. When the jury were absent considering their verdict, the prisoner held up one or two little boys in his arms, who were not higher than the dock, for the Court to arraign. He smiled, almost laughed, and seemed to enjoy the ludicrousness of the scene with great zest. This was the only case tried on Monday.