“The talk of the town and district” – to use a familiar phrase – is about certain strange happenings of late at the residence and premises of Mr Thomas Elliott, joiner, Magherintendry. Within the past fortnight windows in the residence have been smashed, the thatched roof has gone on fire, but fortunately got under before much damage was done, and other things have occurred in Mr Elliott’s workshop, suggesting the doings of some mysterious agency. Despite Mr Elliott’s vigilance, he has been unable to get at the root of the mystery. The efforts of the constabulary have also been without result. Mr Elliott and family have been obliged, in consequence of the annoyance, to vacate the premises and stay with friends until such time as they can get settled elsewhere.
Ballymoney Free Press and Northern Counties Advertiser, 10th April 1919.
Mysterious happenings near Bushmills.
Windows smashed and outbreaks of fire. Magisterial investigation. Ten years old girl bound over.
Supposed supernatural occurrences at the house of Thomas Elliott, carpenter, Magherintendry, and which had created a sensation for some days in the district, found a sequel in cases which necessitated almost a whole day’s sitting for the magistrates at Bushmills Petty Sessions on Wednesday. District-Inspector Murnane, Ballymoney, charged Mary E. Elliott, Magherintendry, and her mother, Agnes J. Elliott, with having, as alleged, between the 24th and 31st March maliciously broken a number of panes of glass in a dwelling-house belonging to William J. McFall, Bushmills, whereby the last-named sustained a loss of £5. Mary E. Elliott was further charged with having, as alleged, on the 24th March, maliciously set fire to thatch on a dwelling house, the property of William J. McFall, the damage being estimated at 7s 6d.
Mr John K. Currie, solicitor, Ballymena, and Mr Thomas Taggard, L.L.D., solicitor, Ballymoney, represented the defendants. The magistrates adjudicating were – Dr David Huey (presiding), Messrs Daniel McNeill, John Lyle Taggart, T.G. Houston, M.A., William Croston, Alex Donnelly, Frank Kane, and Robert Sparron, R.M.
On Mr Currie referring to Mary E. Elliott’s age, the Chairman said the Bench were of the opinion that the charge against her should be heard at a children’s court. They directed accordingly, and the court was cleared of the public, who thronged the building, accommodation for the witnesses being found in the magistrates’ room.
William J. McFall, owner of the house, said Thomas Elliott had occupied it for about six years. When witness visited the house on the 24th March he found the windows broken. He valued the damaged panes at 1s 6d each. Damage had also been done to the thatch, but that was repaired. Elliott had since left the house, and it had suffered no further injury so far as witness was aware.
Interrogated by Mr Currie, witness said Elliott, who was a good tenant, did carpentry work, had a workshop adjoining the house, and so far as he knew, Elliott was an honest man. It was Elliott who first informed him that the windows had been broken. A quantity of straw in a kind of outhouse belonging to Elliott was burned, while at another place straw, the property of witness, was untouched. On the first occasion Thomas Elliott did not complain to witness that stones had been thrown by some persons at the house, but subsequently he did so. Three complaints had been received before witness went to inspect the house, but he was not greatly moved about it, and even yet he was not greatly upset. (Laughter.) Thomas Elliott appeared to be annoyed at what had taken place, and visited Dr Huey, on whose advice he left the house.
To Mr Sparrow, R.M. – The thatch was the only thing that had been repaired. Forty-eight panes were broken.
Sergeant Mackey stated that in consequence of a complaint received from Thomas Elliott he visited the house at Magherintendry on the 25th March, and saw where straw had been burned, and also where a damaged part of the thatch had been repaired. Elliott, his wife, and two children were the only occupants of the house. Mrs Elliott told him her husband was working at Portballintrae; that her little son, Elias, was at school; and that the only person in the house besides herself was her daughter, Mary, at the time the thatch went on fire.
To Mr Sparrow – The fire in the thatch occurred over the kitchen window and at the eave. Either of the defendants could reach it. Continuing, the Sergeant said Mrs Elliott told him she was working in the kitchen, and her daughter was out giving straw to the goats when the fire occurred. Witness did not question the little girl, because her father and mother told him she was of a nervous temperament, and was in the habit of “going into fits.” On the 27th March witness, in consequence of a report received from Thomas Elliott, visited the house, and found five window panes brokken. Nearly all of the broken glass was on the outside. Most of the panes were smashed practically in the centre. In some the holes were small, and in others the glass had been knocked out altogether. Mrs Elliott gave him very little information regarding the matter. She said the smashing began at the room window, and then went right round the house. In consequence of what witness was told he examined Elias Elliott’s face, but found no marks on it. Thomas Elliott showed witness a spool which he said his son had been struck on the nose with, and also three stones and a piece of mortar alleged to have been thrown at the house.
Another report was received by witness on the 28th March from Thomas Elliott, and on again visiting the house he found other panes broken, portions of glass and putty lying on the window sills; also pieces of the sashes. Mrs Elliott said she was in the kitchen at the time, and could not enlighten him as to who was responsible or as to how the occurrence had happened. There were no stones or other missiles inside or outside the house that he could see. He also searched for footprints, but found none. The farmhouses of James H Currie, Thomas J McConaghy, and William J. Auld were a short way from the residence of the Elliotts.
By Mr Currie – He had known Thomas Elliott since he came to the district, and so far as witness knew he was a decent, respectable man. Witness did not think the holes in the windows had been caused by stones from a catapult. The Elliotts never denied his assertion that the windows had been broken from the inside. Witness accompanied Thomas Elliott to Dr Huey’s. When Elliott suggested that there was something unnatural about the place, the doctor laughed, and advised him to leave it. Witness informed Dr Huey and Mr Daniel McNeill of each occurrence reported to him.
District-Inspector Murnane, giving evidence, stated that on the 6th April he visited Magherintendry, and found a considerable number of panes broken in the windows of Elliott’s house. The greater portion of the glass fragments was on the outside, and in some cases damaged panes were bulging outwards. He examined the walls and door with a view to ascertaining if stones or other missiles had missed their mark, but without success. The windows (produced) were taken from the house in his presence. He then visited the house at Turfahun, where the Elliotts had in the meantime gone to reside. Both defendants were there, and he took a statement from Mary C.E. Elliott, as follows: “I remember the day the straw was burned above the kitchen at Magherintendry. It was last Monday week. My father was working at Portballintrae. My brother was at school. I was out playing, making a ‘wee shop.’ I came in to warm my hands. When they were warmed, I asked my mother would I give the goats some straw. When I was at the kitchen door I saw some smoke in the old store where the straw was. I cried to my mother, and she threw water on it, and bade me go for Thomas James McConaghy to help put out the fire. I saw no stranger near the house. I don’t know what set it on fire. My mother found one match and I found five. The match my mother found was lying on the wall near the carpenter’s shop, and the ones I found – some of them were on the floor, and others on the manger.
“My mother showed them to the sergeant, and threw them away the day we were flitting. They were no good; some of them were half-struck, and one struck complete. There were bits of red on the others. There were some sods smoking out on the loaning, but my mother threw water on them. I then saw smoke over the kitchen or back door. I was at the porch of the back door. My mother put the fire there out, and then she finished putting out the sods, and when she came back another spot over the kitchen door was on fire, and she sent for George Currie. Elias, my brother, went for him, and George Currie came. Another place started after the sow was struck. This started outside. I cried to my mother that it was starting again. She bade me watch to see would it start again. This was evening.
“Eliza Taggart came in. She was with my mother in the loaning. I was in the kitchen. I saw the paper which was nailed on before the window on fire. The paper was on the wall. I cried to my mother. She and ‘Liza came in. I ran for Thomas J McConaghy, who, with his wife and William McKeown, came running. They put out the fire. Mamma lighted the lamp. Elias was away at the shop when the paper went on fire in the kitchen. I was alone in the kitchen when the fire took place. It burned its way into the kitchen from the thatch outside. After that my father and Thomas Johnstone came in.
“My father stayed at home on Tuesday and nothing happened. On Wednesday and Thursday, James Gault came down, and wanted something fixed in my father’s shop. There were stones clodding before he came down, and also whilst he was there. Whiles I was down in the parlour and whiles in the kitchen. Whiles my mother was in the parlour, the kitchen, and at the end window next Currie’s watching. There were no strangers about. On Friday there were windows a-breaking and on Saturday both. Sunday was the worst day. On Saturday there were stones a-clodding also. On Friday Gault came into the kitchen, and watched that window. My father watched at another window. I watched whiles at the parlour window – the one next Auld’s – and whiles at the kitchen window. I did not go out. I was afraid. Stones came in through the window. We showed them to Gault. My mother showed him one or two, and also showed John Rankin stones. One of the room windows was broken – next Auld’s – whilst Gault was in the kitchen.
“On Saturday, Allan McDougall was at the hole in the barn, and stones were coming from the loaning. It was out of Currie’s yard that the stones came over the house. I saw them, but saw nobody throw them. On Sunday the glass at the top of the hall-door was broken. On Saturday stones were thrown from James McKeown’s lane at a boarding put up by my father where the windows were broken. On Thursday I was hit on the cheek with a bit of brick thrown from the end of Currie’s house. It came in the window. I was up in the loft watching Minnie Currie’s window from our end window at the time. My brother was hit on the side of his nose previously that day with a spool. He was marked and skinned. I did not see the people clodding from Currie’s yard but on Thursday I saw a stone come from behind a peat-stack. On another day there were also two panes of glass broken in the upper room window. My father was in bed at the time. Myself, mother, and brother were the only ones in the house. We sent for John Johnstone and James McKeown. Aunt Mary came also.
“There were two panes in the upper window broken whilst Johnstone and McKeown were there. Stones came through the window. Letters were left in the garden on Sunday. Mrs Auld’s name was signed to one of them. On Thursday last I was standing at the door watching. Elias, my brother, when he was coming in, cried, ‘Auntie Mary, the straw is on fire.’ The men were all away in the fields. My aunt was baking in the kitchen, my mother in the front room, and grandma sitting on a chair in the kitchen. There were no people about the house except them. The two dogs never barked. The front door was opened yesterday evening for the first time since we came here. There was smoke in the kitchen.
“I don’t know who burned the straw yesterday. My mother and brother went out about one p.m., old time, to Rankin’s for milk, and said they would call at Johnstone’s shop. There were then in the house my father, aunt Mary, and I in the kitchen. Aunt and I went out for turnips. The hay was then all right. The turnips are about ten to fifteen yards from the hay. We came in with the turnips; aunt Mary put on the kettle. I went to the door, and looked down the road. Aunt Mary then went up to grandma. Father was working at an account book. Aunt Mary looked out the back window, and saw the smoke, sent me to grandma, and said the hay was on fire. It went on fire first on the side next John Forsythe’s garden. There was nobody around the place. Aunt Mary cried ‘Fire, fire,’ came up to see how my grandma was, and again shouted ‘Fire, fire.’ The men then came and put it out. There was a bush broken with fire attached to it – all black, the same as if it had been burned. It wasn’t me put it on fire, for I was never out until that wee while when I was out with my aunt Mary. I am ten years of age past November.”
Proceeding, the District-Inspector said the Head-Constable and the aunt of the little girl were present when he took the foregoing statement. The Head-Constable asked the girl for a scribbler, and she said she had none, as it had got lost. He then asked to see her exercise-book, and she said it was in school, which was locked up owing to influenza. When he said he would have to search for it she said she had found it the previous day in Elias’s school-bag. Witness took the exercise, and compared the writing in it with that in the letters found in the garden; also with a statement written by the little girl at the dictation fo the Head-Constable. He also saw that several pages were missing from the exercise-book, and when the pages on which the letters were written had been placed in position, they fitted into the spaces. While this was going on the girl became very uneasy – although she was standing almost at the opposite end of the room. He handed her a letter, which compared with the writing in the exercise-book, and asked her did she write it; but she got into a hysterical condition, and without looking at it ran to her mother, passionately declaring that she did not write it. She would not look at the letter, and it was impossible to get any further statement from her.
Two days afterwards – on the 8th April – witness visited Turfahun, and arrested the girl, whowhen charged, made no statement. He had no hesitation in proving the girl’s capacity to commit a crime. Witness was proceeding to read one of the letters addressed to “Big Tom Elliott,” when Mr Currie objected, and said they were there to meet a specific charge and the letter was not relative. Mr Sparrow: If necessary, they can be read later on.
Other witnesses, including Eliza Taggart, Magherintendry, said on Monday, 24th March, she was at Mr Curry’s between six and seven o’clock for milk. Mrs Elliott and the children were out in their yard. While witness was speaking to Mrs Elliott, the girl Mary entered the house, and shortly afterwards she came to the door and said the house was on fire. Mrs Elliott went into the house, and the girl brought Mrs McConaghy. Wm McKeown and Thomas J McConaghy came afterwards and pulled some of the thatch off but said they could not feel any heat outside. When witness went into the house some burnt paper had been pulled off. The fire was then out.
To the District-Inspector – The paper which she saw pulled off had been attached to the rafters of the roof.
Thomas J. McConaghy, who lives close to Elliott’s former house, said Mrs McConaghy called to him on Monday, 24th March, that something was wrong at Elliott’s. On going there he found some straw in old wallsteads on fire. That was about twelve o’clock, and about 5.30 p.m. on the same day he was called by Mrs Elliott, and saw a fire in the thatch about two feet above the kitchen window. Continuing to answer the District-Inspector, witness said he helped Mrs Elliott to put out the fire. McKeown was not there at the time. Later on witness went round by Elliott’s home with Thomas Johnston and Thomas Elliott. Witness was standing outside the house when a shout of fire came out. He assisted to extinguish the outbreak. Some paper which appeared to have been pasted to the wall had taken fire. Witness examined the roof and found no trace of fire. So far as he saw the fire in the roof earlier in the day could not have caused the paper to ignite. When he examined the roof it was quite cold. He saw no stranger about the house that day. To the Chairman: He put water on the roof at the first fire at twelve o’clock. The roof was left in a wet condition.
By Dr Taggart: About an hour had elapsed between the burnings of the thatch and paper. He did not douche the thatch so much that it penetrated to the wallpaper. What water he put on had no effect on the inside. Asked if the little girl, standing on the ground, could reach with a match to the roof, witness said he was not in a position to answer the question. She could not reach the wallpaper inside unless she stood on a stool or something else. The paper was not hanging, but was attached to the roof and wall. To Mr Sparrow : He regarded the Eliza occurrences as most extraordinary. No person made any remark, but they all thought it strange. No theory was put forward by anyone.
William McKeown, farm servant, stated that on the morning of the 28th March he was working in Mr Currie’s yard. Witness saw Mrs Elliott there, and told her it was a curious thing that the windows were broken during her husband’s absence. She said she was out watching, and had left the children also to watch. While they were speaking a noise of broken glass came from one of the room windows. Mrs Elliott, Mrs McConaghy, and witness went up to the house. He noticed that the broken pieces of glass were lying on the window-sill outside. Mrs Elliott told them the front door was fastened, and they could not get into the house that way. They were going round the back way when Mary Elliott came out by the front door, which she had opened from the inside. Later on in the day he heard glass being broken, but saw nobody doing it. On Saturday he also heard glass being broken, and again on Monday, when the Elliotts were leaving the house. From Mr Currie’s yard witness saw another hole in the fanlight above the hall door. Witness had been over ten years in Mr Currie’s employment. He had “a few words” with the Elliotts not long since. He had never thrown stones at their house, nor had he seen anybody do so.
Questioned by Mr Currie, witness said he had remarked on one occasion to Mrs Elliott, “I hope you don’t blame me,” and she said she did not do so. He had “words” with the Elliotts in November last. Witness helped to extinguish the fire in the straw. “You seem to have spent a great deal of time in Currie’s yard listening for the different bangs of glass?” queried Mr Currie. Witness replied that he was going on with his work all the time. On the evening of the flitting he heard the girl laughing in the house. It was afterwards that the second hole was made in the fanlight. He could not say whether Mr and Mrs Elliott were there at the time.
To the District-Inspector – A layer of old thatch under the new thatch was not burnt. Thomas Johnston said on Monday, 24th March, he was killing pigs for Thomas J. McConaghy. Mrs Elliott called for someone to come as the house was on fire. He did not go at that time, but he did so later on. He saw where the thatch had been pulled off. The roof was not on fire either inside or outside at that time. McConaghy and he had been standing in the yard for a considerable time when the Elliott children told them the house was on fire. They went in, and found that some paper close to the roof had been ignited. On a subsequent occasion they again found the paper on fire. He could not say what caused the outbreak. On both occasions he examined the roof, but found no trace of fire. To Mr Sparrow – The burnt paper was above the kitchen table.
Minnie Currie stated that about half-past eleven on Sunday, 30th March, she was in her own house. She drew her brother’s attention to Mary Elliott watching from a gable window of her parents’ house. Her brother was on his way to church when the girl disappeared. Shortly afterwards the window in the end of the house was smashed. Witness heard other breaking of glass, and saw Mary Elliott come to the door laughing, and look in the direction of witness’s house. Later Mrs Elliott came to the door, and the smashing stopped. About one o’clock on the same day she heard the noise of falling glass, and saw that a window in front of the house was broken. She saw nobody about. About half-past eight on the morning of the 28th March she heard Mrs Elliott tell her son Elias to stay in the yard where he was. Mary was also in the yard, but a hail shower came on, and the girl ran into th ehouse. Some time later witness heard glass being broken. On the Sunday already referred to Elliott’s house was stoned. By Mr Currie – Her house was also stoned on the same day. She didn’t see Mrs Elliott or the little girl smash any glass. To Mr Sparrow – In her house there was just her brother and herself, as well as a servant-man and maid, who did not stay there at night. Everything happened in daylight.
James H. Currie said on Thursday, 27th March, he heard glass being smashed. Mrs Elliott was standing by the window at the first smashing; there were three smashes altogether. He did not see her after the first smash. Thomas Elliott was standing at the end of witness’s cart-shed and about six or seven yards from the broken window. Witness saw all this from his own kitchen window. Judging by his actions, witness thought Tom Elliott saw him. On Friday morning, 28th March, he heard glass being smashed again, and saw the little girl pull aside the blinds and look out. He also saw her smash three panes. At no time did he see any stranger about. He never saw any stones thrown at Elliott’s house, and had no quarrel with him. No damage had been done to the house since Elliott left it. On Sunday, 30th March, his sister called his attention to the little girl at the window in the gable of Elliott’s house. She was still at the window when he left for church. On his way back he saw Mrs Elliott throw something at witness’s house.
Interrogated by Mr Currie, witness said he did not suggest that Mr Elliott had anything to do with the occurrences. He reported to the constabulary on the Friday morning that he had seen the little girl smash the window. Sunday, he believed, was a “big day” of smashing. (Laughter). He was not there, but many people were. He never saw Mrs Elliott do anything except throw something at his house. He was too far away to know what she threw. He was absolutely certain about having seen the little girl break the window. Tom Elliott had done his carpentry work.
James C. Auld, aged 13 years, stated that his father’s house was beside Elliott’s. On Sunday, 30th March, about 1.30 p.m., he was looking out of the bedroom window, and saw the glass above Elliott’s hall door being broken. He had a perfectly clear view, and saw nobody about. During the previous week he was in Elliott’s house when two panes of glass were broken. Mrs Elliott and the two children were in the house. They were in the kitchen, and the glass was broken in the upper room. He did not know where Thomas Elliott was. By Dr Taggart – Mrs Elliott or the children could not have broken the window without witness seeing them. Mrs Elliott remarked, “They’ll soon have it all done.” To Mr Sparrow – After the smash, Mrs Elliott and the children showed him the broken window. The blind was down. He saw no stones lying about. Some of the broken glass was inside and part outside.
For the defence, James H. Johnston stated that about three p.m. on the Sunday after the fire in the thatch he was in Elliott’s house. His brother, John, and James McKeown were also there. Witness was standing in the little porch between the two doors when a pane above the hall door received “a crack.” It was damaged in two or three places, but no glass fell to the inside. If it had been done from the interior of the house he would have seen it. Witness stayed till six o’clock next morning. He heard shots of what appeared to be an air-gun at the time the glass was broken, and went outside, but could see nothing. About 3.30 p.m. stones struck the back window, which was boarded up. Witness found two small stones below the window. Thomas Elliott was poorly at the time, and was lying on a couch in the kitchen. There was one hole in the fanlight above the door and he counted five cracks.
Interrogated by the District-Inspector, witness said Mrs Elliott was his cousin. William J. McKaig was also in the house on this Sunday. Mrs Elliott was in the house at the time he heard the “cracks.” He did not see the little girl, but he believed she was “near by.” He denied that either he or his brother said in the presence of Mrs McConaghy, “We will better have our pockets full of stones when going to Tom Elliott’s.”
Thomas Elliott deposed that on returning from Portballintrae he found some old bog-wood smouldering at one of the principals of the roof of the house, and extinguished it. He corroborated in the main the previous evidence as to the other occurrences. With a view to finding out where the stones were coming from he secreted himself in the lane on the Sunday at the end of Mr Currie’s cart-house. While he was there a window was broken, but not by stones. His wife and daughter were in the kitchen at the time. Acting on the advice of Dr Huey, witness left the house. Nothing unusual had since occurred there, so far as he knew. Had any of his family been guilty of the acts referred to they would have had nothing to gain, but everything to lose, by it, and, therefore, he did not counntenance the theory that they were responsible for the occurrences.
Cross-examined by the District-Inspector, witness denied strongly that his daughter wrote the letters already alluded to; also that he kept company with another woman referred to in them. He had never examined the letters, nor had he tried to prevent the police from interviewing his son or daughter. Dr Huey had not visited the girl since March, 1918, but he always inquired about her health. He maintained that he told the police about finding the smouldering bogwood in “the eave.” McConaghy and Johnstone could swear whatever they liked about that incident. Witness was on his oath now. He never withheld any information from the police.
Thomas Johnstone, manager of Liscolman mill, deposed to meeting Mrs Elliott and her mother in the laneway on Sunday. Mrs Elliott turned with him; and when about 90 yards from the house he heard a shot or crack as from an air-gun. He was afterwards talking to Thomas Elliott, who was lying in a cot in th ekitchen, and his wife and two children were there, with some others, when the upper window got a crack. Witness immediately rushed to the upper room, but could find nothing. There were several other crashes while he was there. He reported the matter to the District-Inspector on the following Tuesday.
Mary Johnstone, mother of Mrs Elliott, said while Nevin Johnstone and others were in the house on Sunday, witness, who was in the upper room, heard the “stencher” outside being hit by a stone. When in the kitchen she heard shots being fired, and heard glass falling from the fan-light at the hall door. She was over60 years of age, and never saw anything like it happening on the Lord’s Day (Laughter).
James Johnstone, brother of Nevin Johnstone, stated that he went there about 11 o’clock on Sunday, and shortly after one, when he was talking to Mrs Elliott and the family in the kitchen, the fan-light was struck, and also one of the windows in the parlour was hit. He went towards the hall door, and the girl was standing beside him when the fan-light got another crack, but it did not break. The next thing was a crack in the lower room, and subsequently he heard a stone strike the boarded window. James Johnstone and he went outside, but could see no one. Besides the Elliotts and family, James McKeown, Mrs McAllister, Nevin Johnstone, Thomas Johnstone, and others were in the house when they were there.
The magistrates agreed that they had heard sufficient evidence, and after retiring for consultation, the Chairman said the Bench had dismissed the case against Mrs Elliott. Mary C. Elliott they had decided to convict for breaking panes on Friday, 28th March. Defendant would be bound over on the surety (£5) of her father to be of good behaviour for twelve months. The other charges were dismissed on the merits.
The District-Inspector said there had been a good deal of expense in connection with the case, and he asked for coasts. Mr Currie objected to the application, and said it would an extraordinary thing to allow costs. The Chairman said the Bench thought the Crown were quite able to bear the costs.
Mary C. Elliott was further charged with having, on the 5th April, at Turfahun, maliciously set fire to a quantity of hay, value £30, belonging to Elias Elliott.
Mr Currie said it was now six o’clock, and they had all had a long day. It would take two or three hours more to hear this case. He would be able, however, to meet the charge on its merits, but he thought it would be better to have it adjourned for a month. This was agreed to.
Ballymoney Free Press and Northern Counties Advertiser, 15th May 1919.
Children’s Court. Malicious burning of hay.
At a Children’s Court – before Dr. Huey, J.P. (presiding), and other justices – District Inspector Murnane, Ballymoney, charged Mary C. Elliott, Turfahun, with having on the 5th April maliciously set fire to and destroyed a quantity of hay, value £30, belonging to her uncle, Elias Elliott. Messrs. John K. Currie, solicitor, Ballymena, and Thomas Taggart, L.L.D., solicitor, Ballymoney, represented the accused.
Elias Elliott, Turfahun, stated that on the occasion in question he was away from home, and when he returned in the evening he found that the hay, which was his property, had been burned. The defendant was the only little girl in the house. District-Inspector Murnane deposed to visiting the house of Elias Elliott on the 6th April. He examined the place where the hay had been burned, in presence of the owner and others. At the place were it was said to originate he found a lump of turf (produced). It was saturated with water, as were also the ground and debris immediately surrounding it. The turf was stacked at the other side of the house, and the road by which the peats were brought to the stack did not pass that way. He noticed that the fire in the kitchen was composed of turf.
Subsequently he took the following statement from Mary C. Elliott in the presence of her aunt: – “Yesterday my mother and brother went about one o’clock (old time) for milk to Rankin’s, and said they would call at Johnston’s shop. There were then in the house my father, Aunt Mary, and I in the kitchen. I went out for turnips. The hay was then all right. The turnips are about ten to fifteen yards from the hay. We came in with the turnips, and Aunt Mary put on the kettle. I went to the door and looked down the road. Aunt Mary then went up to Grandma. Father was working at an account-book. Aunt Mary looked out of the back window, saw smoke, sent me to my grandmother, and said the hay was on fire. It went on fire on the side next John Forsythe’s garden. Aunt Mary cried “Fire, fire,” and came up to see how my grandma was. The men then came and put it out. There was a bush broken, with fire attached to it, and all black, same as if it had been burned. It was not me put it on fire, for I was never out except the wee while with my Aunt Mary. I was ten years of age last November.”
Sergeant Mackey, who bore out the District-Inspector’s evidence, said from where the hay was burned to the house was a distance of 43 feet, and from the hay to the back-door was 91 feet.
Patrick Kane, Carnkirk, stated that while he and his brother, Hugh, were driving past Elliott’s at about 2.30 (old time) on the 5th April, they looked rather closely at the place where a shieg of straw had been burned. When they came to the end of the field his brother said, “What smoke is yon?” and witness looked and saw the hay on fire. He also saw a little girl run from the hay. She was half-way between the hay and the dwelling house at the time. He saw her pass through the opening between the dwelling-house and the barn. Immediately after the little girl went towards the house Thomas Elliott, the father, came out, shouted “Fire,” and waved on witness and his brother to come back. They did so and helped him to put out the fire. The little girl witness saw running away was dressed in dark clothes and, so far as he could see, had nothing on her head.
Hugh Kane, who gave corroborative evidence, said in reply to Mr Sparrow, R.M., that he was about seven or eight perches off the girl when he first observed her. He believed the accused was the person he had seen on that occasion.
Mr Currie, addressing their Worships, contended that there was no evidence against the accused. That was a criminal prosecution, and all the evidence they had heard was only that of suspicion.
Mary Elliott, aunt of the little girl, examined for the defence, said she lived in the same house. Thomas went out after tea and came in again. The mother and the little boy went to the shop, and were away when the fire began. The wee girl and witness went out for turnips at the upper end of the house, and it was only a short distance to where the hay was. They both carried in the turnips, and witness put on the kettle to boil, and the wee girl went upstairs to her grannie. Smoke began to pass the kitchen door and window. She went to the door and called to her brother, “Tommie, Tommie,” and he ran out with her to where the fire was and shouted on the Kanes. The wee girl came running out. At the time she was out for the turnips there was no smoke from the hay. From that time to the time the hay was on fire th elittle girl was not there.
In reply to the District-Inspector, the witness said the little girl was not out first. She came out after her, but ran into the house again. It was then that the Kanes must have seen her. Witness admitted that the girl was sitting on her knee when he (the District-Inspector) took the statement from her. Witness never interfered with her in what she stated, nor contradicted anything she said. “Why did the little girl tell me she was out?” asked the District-Inspector, and witness replied, “You were taking her too quick and confusing her.” The District-INspector – Why didn’t you contradict her if she was not telling the truth? Witness – I did not speak at all.
Thomas Elliott, father of the accused, said he was lying on the sofa, as he was not feeling too well, when his sister and the little girl came in with the turnips. The little girl went upstairs to the grandmother. His sister subsequently raised the alarm about fire. They both rushed out, and he called on the Kanes, who were up the road. There was no suggestion by the Kanes about his daughter burning the hay. In reply to the District-Inspector, witness said he did not make a statement to the police about the fire. “Write your signature,” requested the District-Inspector, and the witness did so. “Is that your signature?” asked the District-Inspector, producing a statement taken by the Sergeant. The witness replied in the affirmative. The District-Inspector then read a statement by Thomas Elliott, who stated that after his wife and boy had gone about 20 minutes he had fallen asleep for about half an hour in the kitchen, and was awakened by his sister calling “Fire, fire.”
Witness said he now remembered having made a statement; but he was not sleeping – he was “only dozing.” Mr Sparrow, R.M. – If you were sleeping in the kitchen, how did you know that the little girl was upstairs all the time with her grandmother. Witness – She could not have come down without me hearing her. You understand what a man is when ill. He knows all that is going on. In reply to further questions, witness said there were two dogs about the house – one belonging to himself and the other to his brother.
The Chairman said the magistrates held that the charge against the defendant had been proved; but they would not proceed with a conviction. They had decided, under section 99, sub-section 3, of the Children’s Act, that the father should pay £10, and 10s extra costs. The defendant had previously been put under a rule of bail on another charge.
Ballymoney Free Press and Northern Counties Advertiser, 12th June 1919.
The Bushmills “Mystery Case”
Malicious injury claim refused.
At Ballymoney Quarter Sessions on Wednesday, Mr. S.C. Porter, B.L. (instructed by Dr Taggart), applied on behalf of Elias Elliott, Turfahun, for £36, the value of a stack of straw and a stack of hay alleged to have been maliciously burned. Lieutenant Macafee (instructed by Messrs. Greer and Hamilton) appeared for the Rural District Council, and Mr R. O’Neill for some ratepayers. Mr Porter said it was the most peculiar case he had ever been in, and recounted the facts, which appeared in our reports of Bushmills Petty Sessions. Continuing, he said he would try to prove the wantonnness of the little girl, Mary Elliott, to his Honour’s satisfaction. After evidence of Elias Elliott, Mary Elliott, and Sergeant Mackey, and the production of the orders of the Bushmills magistrates, Lieutenant Macafee maintained that there was no case to meet, and His Honour refused the application.
Ballymoney Free Press and Northern Counties Advertiser, 3rd July 1919.