Peter Maguire's papers indicate that he was tried in October of 1828, but I have been unable to find any reports in the British Newspaper Archive which match him for that date. It seems likely to me that his original trial date was in July, and perhaps his sentence was commuted to transportation in October or there was a confusion at some point. He was not able to read and write, and later in life his name was recorded as Peter McGuire.
Westmeath Journal 31 Jul 1828
Mullingar Assizes
Monday, July 28
Peter Maguire.. charged under the whiteboy act* with riotously assembling with others being armed by night, and assaulting the dwelling house of William Dalton, at Collierstown.
William Dalton deposed.. that on the 2th of May last, he lived at Collierstown ; about eleven o'clock at night, when he and his family were in bed he heard a noise like the gathering of persons outside his house, and fearing an attack would be made, he desired his wife to secure some money that was in a box, and he would face the men, who by this time had broke in the window through which four of them entered ; they had large sticks ; one of them stood at the door, while the other three dragged him (the prosecutor) most unmercifully ; he then cried out 'O boys, what have I done to deserve this?' they replied, 'You'll pay your men better, and feed them better, and keep no strangers ;' thinks that the man who stood at the door was the prisoner at the bar, but has some little doubt on his mind, as he had not good light ; acknowledges that in his examinations before the magistrate he swore positively to the prisoner, and conceived then that he declared what was true, and thinks so still, yet has a little doubt and cannot swear positively to the prisoner ; there were others of that party outside the house cutting his car, and when the door was opened he saw a pistol with one of them ; the prisoner was one time a servant of his and knew how to open the door, which no person unacquainted with it could have done ; he is not afraid of being attacked again, as he is very well protected by Mr. Hobbs and his party of constables so that it is not through fear that he does not identify the prisoner, but entirely for the reason already stated.
John Fletcher, police constable deposed.. that on the morning of the 26th of May last he was sent for by last witness, and informed of the outrage ; he went to Dalton's house, and found the window broken in and Dalton very much beaten, and his car, sawed in pieces outside his house ; the first thing witness did was to examine the window through which the four men had entered the house, when he discovered the print of a right foot shoe, the inner part of the heel of which had the mark of nine nails running across it, and that the nails were of that description called pallintines ; that he traced the same shoe-mark from the window till he came to the fields, and there he traced a quite fresh impression apparently of the same foot on the grass, along which there was no path way, and so fresh and deep was the impression that the dew or thick mist which was falling very heavy had not been able to efface it, after tracing the foot through the fields, he again found the same impression of the nails and followed on till it led him to Mr. Bollasty's house, which is about half a mile from Dalton's ; on approaching the stable he saw the same mark quite fresh at the door, where he found the prisoner in the act of putting off a pair of wet shoes and putting on a pair of dry ones ; witness immediately took up one of the wet shoes and found that it exactly corresponded with the impression that he had traced all along from Dalton's house ; it was then between three and four o'clock in the morning, and prisoner had all his clothes on ; he apprehended the prisoner on the spot, and the prisoner said, 'What is it you take me for?' witness replied 'You know yourself as well as I do, I have followed you from Collierstown;' prisoner then said, 'O, I suppose it is for the beating of Dalton last night; I was at Collierstown, and had I known you were following me, I should not be here, but if I had had three perch odds of you, you never would have taken me ;' that the prisoner said all this to him before he (witness) had said anything about the attack on Dalton's house, or had even mentioned Dalton's name ; that this conversation took place between where prisoner was apprehended, and the police barracks to which witness brought him.
Mr. Hobbs, Chief Constable proved that that part of the country was, at the time of the attack on Dalton's house, in a state of great insubordination and disturbance and that it remains so still.
The prisoner in his defence produced his master Mr. Bolasty [sic], to prove that he had given him orders on the evening proceeding, to be up early and to have his horse saddled as he intended going to a fair, but the horse was not saddled when Bollasty rose at four o'clock that morning.
The prisoner was found Guilty, and judgment of Death recorded.
*The Whiteboys were a secret organisation in the 18th Century who rebelled on behalf of Irish tenant farmers, who were being forced out by their landlords, and wore white smocks when they conducted raids. Later, any people doing similar activity were referred to as Whiteboys. The Whiteboy Acts, which came into force in 1800, made a range of offences against property and even sending threatening letters punishable by death.
William Dalton deposed.. that on the 2th of May last, he lived at Collierstown ; about eleven o'clock at night, when he and his family were in bed he heard a noise like the gathering of persons outside his house, and fearing an attack would be made, he desired his wife to secure some money that was in a box, and he would face the men, who by this time had broke in the window through which four of them entered ; they had large sticks ; one of them stood at the door, while the other three dragged him (the prosecutor) most unmercifully ; he then cried out 'O boys, what have I done to deserve this?' they replied, 'You'll pay your men better, and feed them better, and keep no strangers ;' thinks that the man who stood at the door was the prisoner at the bar, but has some little doubt on his mind, as he had not good light ; acknowledges that in his examinations before the magistrate he swore positively to the prisoner, and conceived then that he declared what was true, and thinks so still, yet has a little doubt and cannot swear positively to the prisoner ; there were others of that party outside the house cutting his car, and when the door was opened he saw a pistol with one of them ; the prisoner was one time a servant of his and knew how to open the door, which no person unacquainted with it could have done ; he is not afraid of being attacked again, as he is very well protected by Mr. Hobbs and his party of constables so that it is not through fear that he does not identify the prisoner, but entirely for the reason already stated.
John Fletcher, police constable deposed.. that on the morning of the 26th of May last he was sent for by last witness, and informed of the outrage ; he went to Dalton's house, and found the window broken in and Dalton very much beaten, and his car, sawed in pieces outside his house ; the first thing witness did was to examine the window through which the four men had entered the house, when he discovered the print of a right foot shoe, the inner part of the heel of which had the mark of nine nails running across it, and that the nails were of that description called pallintines ; that he traced the same shoe-mark from the window till he came to the fields, and there he traced a quite fresh impression apparently of the same foot on the grass, along which there was no path way, and so fresh and deep was the impression that the dew or thick mist which was falling very heavy had not been able to efface it, after tracing the foot through the fields, he again found the same impression of the nails and followed on till it led him to Mr. Bollasty's house, which is about half a mile from Dalton's ; on approaching the stable he saw the same mark quite fresh at the door, where he found the prisoner in the act of putting off a pair of wet shoes and putting on a pair of dry ones ; witness immediately took up one of the wet shoes and found that it exactly corresponded with the impression that he had traced all along from Dalton's house ; it was then between three and four o'clock in the morning, and prisoner had all his clothes on ; he apprehended the prisoner on the spot, and the prisoner said, 'What is it you take me for?' witness replied 'You know yourself as well as I do, I have followed you from Collierstown;' prisoner then said, 'O, I suppose it is for the beating of Dalton last night; I was at Collierstown, and had I known you were following me, I should not be here, but if I had had three perch odds of you, you never would have taken me ;' that the prisoner said all this to him before he (witness) had said anything about the attack on Dalton's house, or had even mentioned Dalton's name ; that this conversation took place between where prisoner was apprehended, and the police barracks to which witness brought him.
Mr. Hobbs, Chief Constable proved that that part of the country was, at the time of the attack on Dalton's house, in a state of great insubordination and disturbance and that it remains so still.
The prisoner in his defence produced his master Mr. Bolasty [sic], to prove that he had given him orders on the evening proceeding, to be up early and to have his horse saddled as he intended going to a fair, but the horse was not saddled when Bollasty rose at four o'clock that morning.
The prisoner was found Guilty, and judgment of Death recorded.
*The Whiteboys were a secret organisation in the 18th Century who rebelled on behalf of Irish tenant farmers, who were being forced out by their landlords, and wore white smocks when they conducted raids. Later, any people doing similar activity were referred to as Whiteboys. The Whiteboy Acts, which came into force in 1800, made a range of offences against property and even sending threatening letters punishable by death.
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