APPENDIX TO CHRONICLE. 



319 



circumstances arose in which the 

 diSel oiiginated. Major Hillas 

 complained that he had been 

 treated unhandsomely by Mr. 

 Thom;is Fenton, who had inter- 

 fered unjustifiably, and, by taking 

 the mate out of his hands, se- 

 cured to himself in an unhand- 

 some manner the legal custody 

 of tiie vessel. Mr. Wynne and 

 Mr. Irwin investigated the trans- 

 action. In four days after the 

 investigation closed, Mr. John 

 , Fenton delivered a message to 

 Major Hillas, in the name of Mr. 

 Thomas Fenton, the result of 

 which was fatal to Mr. Hillas. 



The following witnesses were 

 then examined : — 



James Moffat knew Major Hil- 

 las : he died by a pistol shot fired 

 by Thomas Fenton ; he was on 

 the ground at Kilmacowen, in 

 the county of Sligo ; was theie 

 before the parties were placed on 

 the ground ; saw the ground 

 measured 5 Fenton and Hillas 

 ■walked backwards and forwards 

 on it ; they passed each other 

 twice ; Fenton was first placed 

 on the ground, then Hillas took 

 his ground ; thinks from about a 

 minute or two before Hillas was 

 placed on his ; cannot say who 

 handed Fenton his pistol; when 

 be had it in his hand, John Fen- 

 ton came up and pushed in Thos. 

 Fenton's arm, opposite toHillas's 

 hip, he then stood between him 

 and Hillas, who also had his pis- 

 tol ; he stood immediately before 

 Thomas Fenton ; he cannot say 

 how long before the woi-d was 

 given, but he remained there 

 about ten seconds after ; John 

 then stepped aside, across the 

 muzzle ofThomas Fenton's pistol; 

 Mr. Jones did the same to- 



towards Hillas ; he thinks he re- 

 tired a little before Fenton re- 

 tired ; after that they fired imme- 

 diately ; Fenton fired first, and 

 Hillas fell : the two shots went 

 off just as one might say *' one, 

 two." 



On his cross-examination, he 

 said, when John pushed Thomas's 

 elbow, the effect was, that he 

 presented a less front to his an- 

 tagonist — it protected his body ; 

 after the ground was cleared, 

 both were at liberty to fire imme- 

 diately ; he saw Hillas before the 

 transaction ; he gave him a paper 

 to copy about ten days before ; 

 on reading it, he remarked, that 

 the langiuige was very strong, 

 and calculated to irritate : Hillas 

 said, it was not strong enough for 

 such conduct, and that, if stronger 

 could be used, it ought to be in- 

 serted. 



Dr. Armstrong is a professional 

 man, and attended the deceased 

 as such on the ground ; he saw 

 Loftus Jones, the deceased, and 

 Capt. W. Ferrall, on the ground ; a 

 stone marked the spud where Hil- 

 las stood, another the spud where 

 Fenton stood ; when witness came 

 to the stone on Hillas's side, he 

 moved it a little from a rising 

 ground, where it was, down to 

 the level ground ; John Fenton 

 asked him why he did so ; he an- 

 swered, because the place was 

 not level; when on their ground, 

 Hillas addressed the crowd ; he 

 was not cei tain that Fenton heard 

 him ; he said, " I am sorry the 

 mistaken laws of honour oblige 

 me to come here to defend myself, 

 and I declai'e to God I have no ani- 

 mosity to any man or woman on the 

 face of the earth;" John stood 

 before Thomas, he hioved his 



hand 



