Held on view of the body of Jamess CUSH 16 September 1876
in the townland of Cavanmore, Parish of Errigal Trough, Barony
Witness Mary McKENNA was daughter
to deceased. An old man of about 75. On 14 instance he came
to see me and husband -- while with us he complained of my
sister and her husband Thomas McAVIN as not doing him justice
in his food. After little while he left to go home to Cavanmore.
I came up here to my father's,
after stopping at ours so I assisted him to put his horse in
the cart and he got into it to return home with me. At some time
he was driving his two cows with them and ere we had proceeded
more than 20 perches we were met by Tom McAVIN who turned the
cows back as being his own. On my Father told him not to interfere
with the cattle as they were his and if he did he would take
proceedings against him. On this McAVIN endeavored to turn the
cows taking hold of me by the wrists. Deceased was angry and
being old was steeling himself with his staff. Turning round
I saw my father lying in the cart. Thinking he was dead the cart
was returned to the House and the horse taken from a by McAVIN.
When deceased fell in the cart McAVIN wanted to get into the
cart to open the breast of his chest to give him fresh air and
bring him to which he had often done before with success. But
this I would not let be done. When deceased fell McAVIN was taking
the cart harness off the horse. I did not see McAVIN strike deceased.
Owen CARLEY. Deposed that on
yesterday when going for a load of corn, Thomas McAVIN came running
to me to go and help James CUSH who was in a faint in the cart,
which I refused to do as
‘twas a family affair. He repeated to go and I'll hold your
horse. As I hesitated he said for God sakes go and raise him in
the cart. I then went but when near the cart and seeing him lying,
I said where is the use of going to the dead man. McAVIN left my
horse, came down and went into the cart. Mrs. McKENNA being there
at the same time and more I do not know about the matter, as I
Susan MEGAGHY. Deposed on yesterday
Mrs. McAVIN and myself went to Tom McAVIN and told him that Mrs.
McKENNA and her father were taking his cows away. On this McAVIN
went and taking hold of a horse old CUSH was driving and turned
him on the road and the horse collar he said bring his own. He
was taking it off the horse. And old CUSH at the time standing
he then sat down & his head sank forward and I saw no more
being prevented by the sideboard. I saw McAVIN wanting to get
into the cart to bring the old man to but to which Mrs. McKENNA
would not allow them to do an old man and cart were now brought
down to his own door. I heard Mrs. McKENNA say that Thomas McAVIN
had struck the old man but which he did not do and I was present
all the time and he could not have struck a blow without my seeing
Mary TREANOR. Deposed that on
yesterday when coming from the well with the two cows full of
water I saw Mrs. McKENNA driving two cows and[?] CUSH driving
the cart after her. Saw Tom McAVIN & Susan MEGAGHY coming down the
lane and saw Tom take hold of the horse and turn him on the lane
saying the collar is mine and when I get it all if you may go.
On this the old man got up in the cart and his staff with which
he made as if to strike but whether McAVIN or the horse I could
not say. On this he sat down in the cart at same time resting
his hand on the crib of the cart and his head and at that time
Tom was at the horse's head and I was looking on and during it,
Tom neither struck or pushed the old man.
Sought Mrs. McKenna in the cart
with the old man and saw Tom wanting to get in but Mrs. McKENNA
would not permit to it and some time pushing at him his hat fell
off, as he could not get in he desired me to call for somebody.
Tom went and got Owen CARLY who when he came and saw the old
man lying said where is the use of going about the cart and the
Mrs. McKENNA asked Pat McKENNA
to put his horse in the cart and lay the Old Man down at his
house and she would be as much in his way again, but which he
refused to do. I did not put a hand to Mrs. McKENNA or push is
or hold her wrists which McAVIN was (as Mrs. McQUAID) murdering
the Old Man.
Dr. GARDNER of Aughnacloy. Deposed
has now examined body of James CUSH. I found no Markov violence
on the body sufficient to cause death. His age seemed to be 70
years. There was a slight wound of the skin but which might be
caused by falling against the side of the cart.
Verdict. Death on Friday the
15 day of September 1876 from natural causes.