Case File No. 24

Margret Kenney

Arthur Hunt [agent for Leigh & Co.] and John Baker [Agent for Holdsworth's] v. John Kenny, Margret Kenny, William Power, William Broadfoot, Timothey Fowler, Patrick Burne, and Richard Dunphy
6 [8?] October 1795
Before Robert Carter, (local) Surrogate

For Theft..~

The deposition of Margret Riely taken before Robert Carter Esqr. Surrogate..~ That in the spring of the year 1795, this depont. heared a conversation between John Kenny and his Wife late at night, as she believed respecting Hay, that immediately after such conversation they called up Timothy Fowler their servt. Who was there in Bed, and the said Fowler and John Kenny then went out of the House about 12 oClock at night with a Bag made of two sheets sewed together and in less than an Hour they returned to the said Kenny's House with the said Bag full of Hay ~ that the next morning the said Timothy Fowler told this deponant that when Kenny was taking the Hay out of Mr. Holdsworths Cow House, he was afraid of his life, this deponent further says that William Power a servant with Mr. Robert Holdsworth was frequently at Kenny's House dureing the Winter and that the deponant being present she heard the said Margret Kenny request some coals of the said William Power, and that he the said Power told her to send at night when she thought Mr. Angel was abed and that he would give her some, and she saw coals brought into the said Kennys House six or seven times by John Kenny in a Bag late at night ~..~

This deponant further sayeth that sometime last Winter Richard dunphy aservant with Mr. John Baker Ferryland had some conversation with Margret Kenny late at night that in consequence of such conversation ~ the said Margret Kenny called up her Winter servant who was then in bed and that she the said Margret Kenny gave the said servant a Bag~ that he went out of the House with the said dunphy, and in about an hour they returned to the said House with aBag filled with dryed fish Cutt into pieces..~..~..~

This deponant further sayeth that sometime last winter she hear'd Margret Kenny request of William Broadfoot to give her afire poker or fire shovell, that in sometime after in the night about Six oClock the said William Broadfoot brought a poker and fireshovell under his Packet and as he passed by this deponant he called the said Margret Kenny into the inner Room and there delivered the said poker and fireshovell to her. and that in a few days after the said William Broadfoot, at the request of the said Margret Kenny, delivered her two decanters.~ her
Elizabeth x Riely

Arthur Hunt in behalf of Robert Holdsworth and John Baker in behalf of John Hill & Co. haveing appeared in Court, they respectively prayed that a prosecution may be had against the defendants, on the foregoing deposition,

A Jury being impannelled and the said deposition submitted to them after examination of the parties they withdrew and returned the following Verdict in Writing ~

It is the opinion of the undernamed Jurymen, that John Kenny is Guilty of Stealing the Hay.~

That John Kenny and William Power are Guilty of stealing the Coals, but would recommend the latter to the mercy of the Judge..~

That Margret Kenny's Winter servant (Patt Burn) brought the Bag full of fish to said Kenny's House, and from Circumstances in aclandestine manner~..~..~..~..~

James Shortall foreman Thomas Norris Michael Moran
John Power Samuel Taylor Michael Kelly
Lawrence Huolahan John Badcock Mathew Ronan
John Aylward John Brown Maurice Fitzgerald

It was Ordered that John Kenny and Margret Kenny be fined £3..~ each for stealing the Hay, that John Kenny be imprisoned and whiped for stealing the Coals, that Wm. Power pay afine of £2..10..~ that Patt Burn be imprisoned and whiped for stealing the fish, and that Richard dunphy pay afine of £1..1..~ John Kenny and Patt Burn haveing inlisted into his Majestys Newfoundland Regiment when in prison, their punishment was remitted~ Patt Burn fined £2..2..~ and each of the said offenders Bound to the Good behaviour~ which was accordingly done..~

Sources: PANL, GN 5/4/C/1, Ferryland, box 1, Arthur Hunt [agent for Leigh & Co.] and John Baker [Agent for Holdsworth's] v. John Kenny, Margret Kenny, William Power, William Broadfoot, Timothey Fowler, Patrick Burne, and Richard Dunphy, 6 [8?] October 1795.