by ehistoryadmin on November 28, 2014

The Freeman’s Journal 23 October 1798

Thomas Flood. Absent without leave

William Walsh, a private of the 5th Dragoon Guards, was arraigned for absenting himself without leave from his regiment, and for joining the Rebels. The prisoner admitted his absenting himself from the regiment, but pleaded not guilty to the charge of joining the Rebels.

Sergeant Charles of the said regiment was sworn, and on being asked by the J. Advocate if he knew the prisoner, answered he did, that he (the witness) was orderly sergeant on the 21st of May last in Dublin Barracks, and that he found the prisoner was absent at 9 o’clock that night, and did not see him until some time in the month of August last.

Thos. Flood private of the said regiment deposed, that he knew the prisoner, that in or about the 15th May last, he was sent with a party of the regiment from Dublin to Naas, and from thence to Kilcullen. That in about four or five days after, Capt. Latouche of the Yeomanry went towards Prosperous and Clane, and that the party he belonged to was attacked by a party of Rebels about five or six miles across the country, and after cutting a good many of them off, they lost two horses, which they were ordered to go in search of, and that on deponent’s going up with a yeoman towards a gentleman’s house, he perceived a number of persons in red clothes mounted, and thought them friends, and on galloping up towards them – the prisoner shouted, and called him by his name, and said, Flood come here and you shan’t be hurt, and the prisoner being in front, deponent thinks he commanded the party. Deponent saith that the prisoner had on a red jacket and a helmet, and was armed with a sword which hung by his side, and a pistol in his hand. Deponent perceived behind the ditch about one thousand men armed with pikes and other weapons, and on his galloping off, five or six of them fired, and shot the yeoman that was in company with him through the arm. Deponent says that it was the mounted party with whom the prisoner was, that fired, and that the prisoner and his pursued them about a mile and deponent saith on his joining his party, he told Lieutenant Spicer, and some of the party where he had seen prisoner.

John Giles, a private in said regiment was next sworn, and on his being asked by the J. Advocate if he was with a party of the regiment under the command of Lieut. Spicer, in the month of May last, in the County of Kildare answered that he was.

Q. Was Thomas Flood of that party?

A. He was and we marched from Kilcullen with Captain Latouche, and I lost my horse on that day.

Q. Did Flood mention any thing to you on that day, that he had seen the prisoner with a party of Rebels?

A. He did, and that they were fired at, and that a yeoman was wounded.

Q. Can you recollect the day that this happened?

A. I think it was about three weeks after the Rebellion broke out.

The prosecution being closed, the prisoner observed, that there were witnesses in the country that could prove that he was not with the Rebels; in consequence thereof the Court very humanely asked the prisoner if he could have his witnesses ready to attend the Court on Saturday and on the prisoner’s saying he could, the Court adjourned accordingly.

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