Case File No. 37

Mary Jenkins v. John Power, James Callinan, and Patrick Cahill
24 February 1794 [although possibly 1795, as the record falls between hearings dated 17 November 1794 and 20 May 1795]
Before Robert Carter, (local) Surrogate

For attempting a Rape ~
spacerThe Plaintiff exhibited the following complaint
To Robert Carter Esqr. Surrogate..~..~

The Humble petition of Mary Jenkins sheweth ~
that John Power, aman who lives in a House at the River head of Fermuse did last tuesday evening, the 10th day of february Instant about four oClock, come into the House where your petitioner and her Mother live in at Fermuse and laid hold on your petitioner and endeavoured by force to have carnal communication with her, he first draged her to atable and endeavoured to accomplish his designs on her there, then he draged her into a Room and tore her cloths, and would have obtained his ends (as your petitioners strength was exausted) had not her continual screeching detered him—the said Power called your petitioner whore several times—and he had two Accomplices with him namely James Callanan and Patt Cahill, who were present at his Brutal behaviour towards your petitioner, and did not afford her the least assistance—Your petitioner's mother was not at home when this happened—there was a shoemaker in the House all the time who was afraid to interfere in assisting your petitioner ..~..~..~

Petitioner humbly prays that you will Order the said John Power James Callinan and Patt Cahill to be brought to Justice and to redress her- Petr. as in duty bound will ever pray ~

Mary x Jenkins

At a Court held this day Present Robt. Carter Esqr. Surrogate and a Jury impannelled, they brought in the following Verdict ~

We, the undersigned the Jury on a cause this 24th February 1794 between Mary Jenkins James Callanan and others, from the evidence we have heared, do give it as our Opinion, that James Callanan Patrick Cahill, are accessarys with Power, who hath absconded—more particularly, as they did not hinder the said Power from useing the said Mary Jenkins so ill, and we likewise give it as our Opinion ~ that Callanan and Cahill should pay Mary Jenkins two pounds each be fined one pound each, and Walter Toubret [the shoemaker] one pound ten shillings as a fine for not assisting the said Mary Jenkins, each to be bound over to keep the peace..~..~..~

John Baker foreman
Arthur Hunt
William Jennings
John Aylward
John Young
Francis Tree Junr.
James Connelly
Matthew x Ronan
Richd. Eales
Matthew Costelly
John Saunders
James Shortall

Sources: PANL, GN 5/4/C/1, Ferryland, box 1, Re: Mary Jenkins, 24 February 1794 (or possibly 1795).