Examination of Richard Birne

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<A> The Examinacion of Richard Birne of Loughsallagh in the Countie of Dublin Hatmaker aged thirtie yeares or thereaboutes taken the eight daye of October 1652 before vs Sir Gerrard Lowther knight Sir Edward Bolton knight and Thomas Dongan Esquire Commissioners for Administracion of Justice Oyer and Terminer and Gaole delivery in and throughout the Province of Leinster Except the Countyes of Kilkeny and wexford &c
The saide Richard Birne, beinge duly sworne and examined by vertue of his oath, saith that som twelve months since or thereabouts, Luke Toole of Castlekevin Esquire beinge then in Actuall Rebellion Comaunded a partie of his soldiers to goe vnto the Towne <A> of Connogh in the County of Dublin in the English quarters where Cahell Cullen (late of Ballyvonyn in the County of wickloe) then was, and that the said partie of soldiers by the Comand of the said Luke Toole did there did there seise vpon the person of the saide Cahell Cullen, and from thence by force and violence did take and Carry the saide Cahell out of the English quarters into the Towne of Sanghkeene in the Irish quarters and saith that the said Luke Toole sent the saide Cahell Cullen with a guard of twoe soldiers vnto Edmond Reyly Priest the viccar Generall to see if he had anythinge to saye against him the said Cahell, and saith that the said Edmond Reylyes Answere then was vnto the them that brought him, That he the said Edmond had nothing to saye vnto or Against the saide Cahell, and therevpon sent him back vnto the saide Luke Toole, and further saith <B> that shortlie after, the saide Luke haveinge haveing kept the saide Cahell a prisoner for the space of one night, caused the said Cahell to be carryed vnto a bush vpon the land of Mooney within a mile of Castlekevin in the said County and there had the saide Cahell hanged till he was dead, and saith that he this Examinant was present when the saide Cahell was hanged and did see him when he was hanged, And further saith that he this Examinant was a tenant vnto the said luke Toole, and that the saide Luke did Comaund him this Examinant to hang the said Cahell, but saith he refused to doe soe wicked an Act, and that when this Examinant refused to hange the saide Cahell, that then the saide luke Toole

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Comaunded a plowman of his called John Cullen, to hange the said Cahell Cullen, and that he did hange him vpon the Bush aforesaide vntill he was deade as aforesaid and that the said luke Toole himself was standing was [ ] standinge not farr of, at the tym{e} of the Execution of the said Cahell, and might have seene <C> the said Cahell when he was hanged, and doth beleeve he did see him hanged, and this Examinant further saith, that the said Cahell Cullen beinge questioned when he was a prisoner with the said Luke, toulde this Examinant that he the saide Cahell had desired to be tryed by a Jury and that the said Luke refused to grant him any such tryall, And further saith that he heard that the saide Cahell at the tyme of his Execution say that if he did then suffer, he should suffer with out any iust cause, And this Examinant further saith, that he heard the said Luke saye that the cause why he hamged the said Cahell was because he was a Spye for the English. And this Examinant further saith that he heard that one Piers Archboud, a servant of the said Luke Tooles went vnto the place where the saide Cahell was hanged about twelve of the Clock at Noone and by his master the said luke Tooles Comand gave charge that the said Cahell should not be cutt downe till night, And this Examinant alsoe saith that he <D> never heard though liveinge then neare there vnto, that any tryall by Jury or by Counsell of ware or Marshalls Court did ever pass vpon the saide Cahell or adiudged him to dye; And this Examinant lastly saith that Hugh mc Phelim Birne was not present at the Execution of the saide Cahell Cullen, nor was in those partes of the Cuntry dureinge the tyme of the said Cahells imprisonment, nor for the space of twelve weekes before that tyme that ever this Examinant though liveinge in those partes could ever observe or heare of.
Richard [mark] Birnes marke
Gerrard Lowther
Tho: Dongan

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{7}
The Examinacion of Richard
Birne of lough sallagh
in the County of Dublin
concerninge the Murder
of Cahell Cullen by luke
Toole