Examination of Donogh Birn

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<This was by the interpretacion of fforns mc Hugh Birne whoe was sworn to interpret truely>
The examinacion of Donogh Birn of Meryon in the County of Dublin Carrman the taken the xiiijth day of September 1652 before Sir Edward Bolton knight Thomas Dongan Esquire and William Basil Esquire Attorney generall for the Common Wealth Justices of the Peace in and throughout the Province of Leynster except the Counties of Kilkenny and Wexford
Whoe being duely sworn and examined deposeth and sayth that Dudly Birne his brother and this examinant vpon a sunday about Hallontyde last went together from Behanagh in the County of Wickloe where they dwelt vnto Boolenekilly in the sayd Countie, where meeting with some of their neighbours, that is to say Joan Birne Maud Birn and Cahir Birne, they went into the howse of Thomas mc Tirlagh Birn where being satt together and drinking one to an other ther came vnto them Phelim mc Turlagh Byrne of Kilnemanagh in the sayd County gent and sitting there with them expresly chardged the sayd Dudly Birne this examinants sayd brother in the presence of this examinant and the rest of the sayd company that he releived and kept in his howse, Owney the wyfe of Hugh mc Melaghlyn and her children for that the sayd for that the sayd Owny did allwayes send notice and intelligence vnto her said husband whoe was then servant to Colonell Huson Governor of Dublin of all those that committed the murder at the black Castle of Wickloe and burned the same, and that the sayd Hugh gave notice therof vnto the sayd Governor and threatned the sayd Dudley that he would be quitt with him for releeving the sayd Owney and her children for sending such intelligence as aforesayd, And that if he did light vpon any of the sayd Hugh mc Lauglins children or family he would be the death of them, And this examinant sayth that at the same tyme the sayd Phelim likewyse sayd chardged the sayd Dudly Birn for releeving the sayd Owney and her children for that she sent intelligence to her sayd husband against him the sayd Phelim and the rest of the Irish that then were in Armes in the sayd County against the English which her sayd husband made knowen to the sayd Governor of Dublin as often as he receaved intelligence

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intelligence from her And this examinant further sayth that presently after the sayd Phelym had vttered the sayd speeches and threatnings this examinant and the rest of his company together with his sayd brother and the sayd Phelym went all forth out of the sayd howse and being all of them not farr from the dore of the howse the sayd <B> Phelym came treacherously neere vnto the sayd Dudly Birne and without speaking one word vnto him he with a skeane which he had secretly within his sleeve stabd the sayd Dudly to the hart whoe therevpon presently fell downe and instantly died in the view and sight of this examinant and all the rest of the sayd company And the sayd Phelym presently fled and ran away into the woods And this examinant further sayth that in all the tyme the sayd Phelym mc Turlagh Birne and this examinantes sayd brother with the rest of the sayd company were in the howse when the sayd Phelym did challenge and threaten him as aforesayd his sayd brother never gave him any manner of provocacion or cause of anger but behaved himself peacably and civilly towards him all the whyle: onely in a quiet and peacable manner denyed those things that he so layd to his chardg, as aforesayd And that after going out of the howse ther were not any words at all passed betweene them neither had the sayd Dudly Birn this examinantes sayd brother any weapon for his defence at that tyme, noe not soe much as a stick neither did he then take or offer to take a sword from Didacus Birne whoe then vsed the same himself against one Thomas mc Enely betweene whom and the sayd mc Enely ther was an affray at that tyme, Neither had the sayd Dudly any such cause, for that he nor any of the sayd company did suspect or had the least thought of of suspicion that the sayd Phelym would then doe him any harme, vntill he vnawares and in a treacherous manner came to him and suddenly with a skeane stabd him to the hart as aforesayd in the view and sight of this examinant and all the rest of the sayd company and then presently ran away to the woods as aforesayd And further this examinant sayth not
Donogh Birne [mark] his marke
Gerrard Lowther
Edw: Bolton
Tho: Dongan

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The 15th day of September 1652
Donogh Birn of Merion in the Countie of Dublin Carrman ____ C li.
The Condicion to appeare at the next Gaole deliuery to be held for the County of wickloe and there give evidence against Phelim mc Tirlagh Birne for the murder of his brother Dudly Birne And not to depart thence without licence of the Court &c

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3
The examinacion of Donogh
Birne of Merion concerning
the murder of Dudley
Birn his brother by
Phelym mc Tirlagh Birne