Examination of Shane o Cullen

fol. 209r

3590
The examinacion of Shane o Cullen late of Castlekeven in the County of Wickloe yeoman and now of Castahenny in the County of Dublin of the age of 28 yeares or therabouts taken the xixth day of October 1652 before Sir Gerrard Lowther knight Sir Edward Bolton knight and Thomas Dongan Esquire Commissioners for administracion of Justice oyer and Terminer and Gaole delivery &c in and through out the Province of Leynster except the Counties of Kilkenny and Wexford
<A> Whoe being duely sworn and examined to so much as concerneth others deposeth and sayth that in harvest tyme about a twelmonth now past, he being then servant vnto Luke Toole of Castlekeven in the County of Wickloe Esquire ther came vnto him one Pierce Ashpole then also servant vnto the sayd Luke and tould this examinant that the sayd Luke sent for him for to hange one Cahill o Cullen, vnto whom the examinant made answere that the sayd Cahill was his kinsman and that he would never hange any of his kinred, vpon which answere the sayd Pierce, retorned back vnto the sayd Luke Toole and related vnto him what this examinant sayd, wherevpon the sayd Luke sent the sayd Pierce vnto this examinant the second tyme, whoe told him from that the sayd Luke commaunded him this examinant to come forthwith vnto him, and hange the sayd Cahill o Cullen, or he the sayd Luke would hange this examinant for refusing to hang the sayd Cahill, Wherevpon this examinant fearing to be so put to death, vnwillingly came with the sayd Pierce Ashpole to his sayd Master Luke Toole, whoe presently calling for the sayd Cahill o Cullen whoe was then guarded by three souldiers of the sayd Lukes in a howse neere vnto the sayd Lukes howse in Castlekeven And the sayd Luke Toole comaunded the sayd souldiers and this examinant to take the sayd Cahill o Cullon from the sayd howse vnto a great haththorn Buish about a Myle distant from Castlekeven aforesayd vpon the sayd Lukes land And the sayd Cahill being accordingly brough{t} vnto the sayd Buish by the sayd souldiers and the sayd Luke whoe followed close after them on horsback vntill he saw the sayd Cahill brought vnto the sayd Buish and then commaunding this examinant to hang the sayd <B> Cahill, he the sayd Luke (having then with him one Didacus Byrne a friar or priest) and did ryde a little way distant from the sayd Buish where he might see the execucion don and stayed there looking on, and expecting to see the sayd Cahill executed, And the sayd Cahill seeing there was no hope, but that he must die earnestly intreated this examinant, that that he would goe to the sayd Luke Toole and seeing

fol. 209v

3591
and intreat him, seeing he must be put to death, and being of his <C> owne religion, that he would be pleased to send him a priest and give him twoe hours respit to conferr with him for the good of his soule, which accordingly this examinant performed, And the sayd Luke therevpon sent vnto him the sayd Didacus Birne whoe conferring with him a whyle, the sayd Luke Toole being offended that the execucion of the sayd Cahill was so long deferred, he the sayd Luke put spurrs to his horse and came to the sayd Place of execucion, to whom the sayd Cahill cryed out and desired for Gods sacke that he might have space to live vntill he might see his wyfe and children whoe were not far of and that he mighte be permitted to speake with them before his death, which the sayd Luke refused to doe, And in a great rage threatned this examinant that he would hang him if he would not then presently hang the sayd Cahill o Cullon; wherevpon this examinant f was then presently forced to take the sayd Cahill and tye a with about his neck, and to fasten the same to the sayd Buish, and so (very much against his will) he hanged the sayd Cahill vntill he was deade, the sayd Luke Toole being all the whyle a litle distance of, beholding what was don, And the <D> sayd Examinant perceaving that the sayd Cahill was deade, demaunded of the sayd Luke Toole when the sayd Cahill should be cutt downe and buried, the sayd Luke made answere that he should hange there for a Moneth, And commaunded this examinant to goe forthwith vnto the wyfe and children of the sayd Cahill, directing him, where he this examinant should fynde them, and to tell them, that whereas the day before he promised his wyfe to bring the sayd Cahill safe vnto her the next day vnto Glancree, that nowe she might comme to the land of Castlekeven and that there she should fynd him hanged And this examinant further sayth that he never heard nor knew that the sayd Luke Toole did offer vnto the sayd Cahill o Cullen that he would not hang him; if the sayd Cahill would take his oath that he the sayd Cahill would not doe or procure to be don ever hereafter any harme vnto the sayd Luke Toole or any of his Children And this examinant further sayth that he tooke the sayd Cahills Clothes except his breeches which the sayd Cahill before his death gave vnto the sayd Priestes boy And that in consideracion of the sayd Cahills Clothes, the sayd Luke Toole his sayd Master stopped

fol. 210r

3592
stopped from him whole yeares wages which was due vnto him [ ] for his service vnto the sayd Luke And this examinant further sayth not
Shane o [mark] Culle{n} his marke
Gerrard: Lowther
Edw: Bolton
Tho: Dongan

19th day of October 1652
The sayd Shane O Cullen is bound in a C li. to the keepers of the libertie of England
with Condicion to give evidence against luke Toole for the murder of Cahill o Cullen wheresoever the sayd luke shall comme to his triall for the same either the next Sessions or in the high Court of Justice

fol. 210v

3592
Extracted

The examinacion of Shane
o Cullen against Luke
Toole for the murder
of Cahill o Cullen

7