THIS week in 1909 the News Letter reported that two Co Londonderry men had been arrested and charged with having shot at a water bailiff on the Ballinderry River close to the Ballinderry Bridge on the morning of December 17.
The accused had been conveyed to Magherafelt Barracks and on the following day had appeared before a special court which was held before Messrs William Harbison, JP, and John Kneightly, JP. District-Inspector Willbond prosecuted the two men while the
y were defended by a solicitor named Mr James Brown.
The water bailiff, a Mr William McCorkell said that he had been on duty on the Ballinderry River on the morning of December 17 at about 6am.
He said that he had been in a boat along with Isaac Averall, William Crooks, Samuel Buick and Alexander Gibson.
He told the court that he had discovered two nets in the river, both of which he had removed.
Shortly after the second net was raised to the boat they returned to the shore and it was at this stage that a shot was fired from the riverbank in the townland of Killymack.
Some of the pellets which had been discharged from the gun were found to have lodged in the boat while others had struck the water.
It was McCorkell's opinion that the gun from which the shots had been fired had been no more than "fifty yards distant". The boat was pulled to the bank and he had landed with the other men.
McCorkell then said that he had seen one of the defendants carrying firearms nearby, they weapons were described as "an old-fashioned fowling piece, singled barrelled", while the McCorkell described the other gun as "an old military rifle".
The water bailiff added that he had also discovered a wad burning on the river bank and the flax was produced as evidence in the court.
The defendants' solicitor refuted the allegations put before the court and said there was "no crime" against the two and he testified to the good character to both.
A further witness called before the court was a police constable called Ward who deposed that he had searched the house of the father of one of the defendants at 2pm that afternoon and had found a large trout at the bottom of a churn.
He had also discovered a dead fowl – "a diver" which had been shot but he said that he had not uncovered the described firearm.
Another police officer, a Sergeant Waldron, deposed to having arrested the two defendants both of whom had refused to give any statement.
He said he had searched the house of the same defendant's father home at 7pm that evening and had found a powder-horn and a shot-bag containing shot. He also told the court that he had seen a fish taken out of a churn.
Both the defendants were returned for trial on bail to Moneymore Petty Sessions on January 4, 1910.
