Case File No. 26

Honour Tobin

——Hogan v. Patrick Shea
26-28 March 1787
Before Robert Carter and Henry Sweetland, JPs

Complt that his Uncle Redmond Ellward was beat & ill treated by Patrick Shea (a partner in the boat fishery with the said Ellward) so that his Death was occasioned by it~

[sample depositions]

The deposition of Richard Reddy taken before Robert Carter and Henry Sweetland Esrs Justices of the peace for the district of Ferryland March 26th. 1787 ~

This deponent saith that on Friday the 16th Inst about 8 at Night Patrick Shea sent this Deponent to one William Burn at his House in Cape Broil to ask him or any of the rest of the Lads to come to the sd Shea's House in the sd Harbour of Cape Broil to drink some Grog (this deponent being a winter Servant to the sd Shea) this Deponent went & saw Burn—invited him but he would not come but one Walter Fenor who is a dieter with the sd Burn came with him close to the House of the sd Shea but on his hearing a Noise in the House he returned back & did not go in on account of the noise in the House as this deponent believes ~ this deponent went into the House of the sd. Shea & Saw Redmond Ellward bleeding from his forehead this deponent enquired how it came ~ one Patrick Bryan told him that the sd Ellward stumbled as he was getting up & fell on an Iron pot ~ which this deponent saw ~ which stood just by the door of the sd House ~ there this deponent got some kind of a Handkerchief to stop the Blood ~ which they did as well as they could ~ the said Ellward being in Liquor strove to keep off the Handkerchief from being put to the wound which he had received in his Head (the said Shea being in Liquor also) the said Shea got up followd Ellward & gave the said Ellward ablow with his fist in his Side the the sd Ellward cryed Murder Murder ~ then this deponent & William Fenor put the sd Ellward to bed ~ then Fenor went home ~ & left this deponent Patk Bryan & said Shea in the sd Shea's House after about 6 or 7 Minutes the sd Ellward began to complain ~ then the said Shea got up from where he was sitting in the said House took a Clift of whitling & struck the sd Ellward as he lay in bed but says the blow did not hurt him ~ in less that a Quarter of an Hour after this he took another Clift & struck him again as he lay in bed Several times but the blows being given on the bed Cloaths it did not seem to hurt him ~ after this all the people at the House went to bed ~ but this deponent saith that he frequently complain[ed of a pain] in his side before he died ~ this deponent believed in his right side ~ & further this deponent says not.

The Deposition of Patrick Bryan taken before Robert Carter & Henry Sweetland Esqrs Justices of the peace Marcy 27th. 1787 ~

This deponent saith that he was going from Ferryland to Brigus in his way he call'd into Patrick Shea's House at Cape Broil on Friday the 16th Inst continued there in the sd Sheas House all that night saw Redmond Ellward to bleed from his forehead which was cut by a fall as this deponent believes against an Iron pot—which was in the sd Sheas House but this deponent saith that he saw Shea to strike Ellward wth his fist some way about his body when his wound was dressing to make him stand still as he believes ~ this deponent further saith that after the cut in his Head was dressed the sd Ellward was put to bed being very drunk ~ after the sd Ellward was in bed the sd Shea took a split of wood & went to strike the said Ellward as he was in bed but does not know whether he did or not but heard arattle with the sd Split about the Cabbin & bid him go to sleep but believes he was not hurted by it This deponent further saith that he did no see any more offers given the sd Shea to strike the sd Ellward after this ~ and further this deponent says not. ~

The Deposition of Honour Tobin taken before Robert Carter & Henry Sweetland Esqrs. Justices of the peace March 28th.1787 ~

This Deponent saith that on Sunday Evening the 18th Inst Patrick Shea came to this deponent & ask'd her to go & make a drink of Tea for Redmond Ellward as he was sick ~ which she did & saw the said Ellward bleeded by Michl Bryans Cooper ~ then she went home again ~ this deponent went to see the said Ellward on Monday Morning found the sd Ellward very Sick ~ this deponent stay'd with the sd Ellward all that day this deponent went home at the end of this day ~ the next day this deponent went to see the said Ellward again found him still very Sick ~ She continued there untill the sd Ellward died ~ which was about ten at night ~ She laid him out could not see any Marks of Violence on his Body in any part only a Cut in his forehead~ She further saith that the said Ellward never repeated any thing against the said Shea ~ nor does not know nor never heard any person to say how he came by the Cut in his forehead ~ & further this deponent says not.

Sources: PANL, GN 5/4/C/1, box 1, 28-33,—Hogan v. Patrick Shea, 26-28 March 1787.