Chapter II

The Murder of James Murray
Land War and Eviction in Derryveagh 1840 - 1865

It was no secret that James Murray was a most unpopular figure with the people of the Glenveagh and Derryveagh districts. The personal odium he 'enjoyed' sprang from a number of sources, not the least of which was his attempt to extract compensation from the people of the area by falsely swearing that eighty-five or his employer's blackfaced sheep had either been killed or stolen, when clearly it was his own mismanagement that was to be faulted.

Added to this was the manner in which he dealt with the tenantry on a purely personal level. He was abrupt and unsympathetic which led Robert Kerr, Adair's gamekeeper, to remark that he did "not think that Murray and the peasantry about Glenveagh lived on good terms" as they had complained to him that Murray "was harsh with them about grazing and other matters; they said he was a bad fellow....."

Furthermore, Murray lacked the sense to know when not to interfere in other people's business. On one occasion he loaned one of Adair's boats to the police so that they could search one of the islands on Lough Veagh where an illegal still was being operated. However, the distillers spotted the constabulary's approach and flung their still into the lake before hurriedly taking to their own boat and making good their escape. When the police landed on the island they only found a few vessels, some grain and a small quality of poteen. The distillers were extremely angry with Murray for providing the means for the police to visit the island and a short time afterward one of them vehemently threatened him in the presence of the Rev. Maturin, Rector of Gartan. The affray became so heated that Murray would have received a severe beating had not the parson intervened.

Later that same day Murray dropped into the rectory to thank the rector and informed him that he had fully expected to get his skull broken for the foolhardy thing that he had done. Indeed, Mr. Adair's father shortly afterwards informed the parson that had he been in Murray's place he would not have given the boat. The parson declared that under similar circumstances he would also have refused to give the boat.

The acrimony between Murray and the local people had been further compounded in January 1860, when he delivered notices to the Derryveagh tenants to quit their holdings. This was a blatant breach of the Ulster Custom which regularised, in a non-legal fashion, landlord-tenant relations. Nevertheless, the people gave up possession peacefully which left them in the unenviable position of tenants-at-will. That is, all surrendered possession except the Sweeney family who stubbornly refused to submit to Adair's arbitrary will.

Murray displayed no compassion whatsoever, nor did he make allowances for the difficulties with which the people were faced in their struggle to subsist but rather confronted them whenever the opportunity presented itself.

While tramping the mountains during August 1860 he chanced upon some straying cattle. He rounded them up and drove the trespassing animals to the Pound beside Glenveagh Barracks, James Sweeney, the owner of the beasts went to the Pound to redeem his property. Unfortunately, Murray happened to be there and an ugly scuffle ensued during which Sweeney, allegedly, threatened him. This dispute, arising out of a ridiculous rule which caused straying animals on unfenced mountains to be impounded, directed the finger of suspicion at the Sweeney family in the post-murder period.

There could be no doubt that bad blood existed between the Sweeneys and Murray as County Inspector MacMahon experienced no difficulty in discovering this fact for himself, even though he was an outsider. "The stock of the occupiers were constantly impounded by Murray and Mr. Adair's other servants in a Pound ... the Sweeney family were constant sufferers which caused them to entertain bad feelings towards Murray who was obnoxious on other grounds to them and others, being in the habit of indulging in abusive language and treating the people with contempt to say nothing of his connection with the fabricated sheep case....

But the local tenantry were not the only people affected by Murray's imprisoning of trespassing animals. In fact, farmers from area ten or twelve miles away found themselves paying Murray for the release of their animals. One man paid as much as £3 at one time to liberate his beasts and there were many others who could not afford to pay. Consequently, their animals had to remain in pledge or were sold by auction for the amount owed, while still other were retained and when fat, shot and eaten. This was the fate of three goats just two days before Murray was murdered.

This practice of collecting fines on straying animals was considered by the authorities as sufficient grounds for perpetrating murder. Obviously there were many people, including those from outside the immediate locality, who had a motive for murdering Murray. However, it was the frequency of the Sweeney's clashes with him that singled them out as the potential murderers. Consequently, the authorities directed their main efforts into proving that the Sweeneys did commit the murder which seriously lessened their chances of solving the case.

Dugald Rankin, a Scottish shepherd, had come to Glenveagh during the same month in which Murray had first served the notices to quit. He became very friendly with Murray as he lodged with him and his wife at Glenveah. But as time went on he became friendlier still with Murray's wife. During he intervening months before the murder, Murray often confided to Rankin that he had been threatened on numerous occasions by the Sweeney family and that he did not like or trust them. Indeed he feared for his life. He warned Rankin to steer well clear of them and their affairs. According to Rankin he experienced at first hand how worthwhile this advice had been as he was also threatened by the Sweeneys. Such were the heights to which Murray's trepidation had grown that he borrowed a pistol from Robert Kerr before he acquired his own gun, and it was a well-known fact throughout the area that, from that time on, Murray always travelled under arms wherever he went.

On the night of Monday, November 12th, Murray began to make his preparations for the next day's work. He instructed Rankin to get on with the task of smearing the sheep, which had begun a few days earlier, while he himself would act as shepherd on the mountain. He asked Rankin to examine his five-chambered revolver as it had been giving him some trouble of late. Rankin did so and discharged one of the barrels to ensure that it was operating properly. Finding it so, he reloaded the chamber and returned the gun to Murray.

Murray was abroad early next morning. He fired off all five chambers and satisfied with its performance, he reloaded it and returned it to his pocket. Taking a hurried few mouthfuls of food he apprised Rankin that he would collect the sheep around the summit of Glenlack mountain and would then drive them down into the valley below. Reaching for his hat and long mountain stick he left the house, whistling up the dogs as he strode off in the direction of the mountains. Remembering about the cow he called back to his wife to keep an eye on her as she had not been too well and that she could expect him back for dinner around about the usual time. He faced towards the mountains again with the young dog which he was training running playfully ahead, while Rankin's dog, unmistakable because of its immense size, walked to heel.

Shortly after ten o'clock and not long after Murray had departed, Rankin went to the sheep-smearing house which was close-by and worked there until dinner time. When he returned home he discovered that Murray had not turned up. This was not that unusual in the circumstances as it was quite impossible to legislate for time when herding sheep on the mountains. Rankin returned to his work.

Mrs. Murray came to the smearing-house about dusk and told Rankin that James had not come home but that the young dog had limped home a short time before. Rankin left off working and escorted Mrs. Murray back to the house, all the time trying to pick out Murray against the fading light on the face of the mountains. But he did not see him. Leaving Mrs. Murray at the door of her house, Rankin hurried off up the glen, sounding off at regular intervals, that call peculiar to Scottish shepherds, knowing that Murray would return the call in like fashion if he was within earshot and physically able to do so. But all was stillness and Rankin retraced his steps.

About half past seven Rankin's dog came back but would not enter the house and behaved in a most unusual fashion. This convinced Rankin that something had befallen Murray and he believed that he must be dead because he thought that his dog would not have left him had he still been alive. Telling Mrs. Murray that he was going out to take another look around Rankin proceeded to the home of Robert Kerr, and arrived there about nine o'clock. After a short discussion both men set out for Glenveagh Barracks and reported that Murray was missing. Because of the late hour it was decided not to mount a search until the next morning.

Dawn found Rankin and Kerr outside the barracks where shortly afterwards they were joined by four policeman. Another policeman headed for church Hill to get reinforcements Rankin had his dog with him and it was then that one of the constables spotted traces of blood on the dog. An examination revealed no wounds which confirmed that Murray was, at least, injured.

The search began at Claggan mountain, this being the last place that Murray had been seen. Rankin began to emit his Scottish cry but to no avail. The search did not disclose Murray's Whereabouts even though Rankin was at one time within thirty yards from the spot where the body of Murray was eventually found. Rankin did not see it because it was obscured from his sight by a rise in the hill.

Evidence that other people had been on the hill was found. Rankin discovered footprints in the soft ground while searching near the crown of Glenlack mountain in the company of Constable McLain. The tracks had visibly been made by new shoes, judging from the clarity and detail which the footprint exhibited. Both men trailed the prints towards the west until they vanished on coming onto firm ground. Later that day Rankin came across the footprints of two other people, one of whom was barefooted. Subsequently, he and McLain detected the marks of cattle and sheep, something not unusual in itself, but interspersed among them were the tracks of Rankin's dog and what could only have been Murray's footprints. This was the first tangible proof that Murray had been in the area. As night descended the search was abandoned and arrangements were made for it to be resumed the next day.

News of Murray's disappearance spread and next morning Rankin and Kerr were joined in the search by John Fleming, a miller from Gortin, John Conaghan, bailiff to Adair, Frank McElvenny, a couple of the Sweeneys and a few other people. They journied to Glenlack mountain where they were to rendezvous with the constabulary. They arrived before the police so the men just lounged around and discussed what they thought had happened to Murray. The police were very late and the men became impatient. John Fleming wandered off up the hill. Rankin watched his progress. Suddenly his eye was dawn to an object lying on the hillside. He drew his companion's attention to it and in unison they began to bellow instructions to Fleming directing him to the spot. It was not long until Fleming began waving his arms wildly and shouting that he had found Murray. The men below scrambled up the hillside, clawing at the turfs of heather as they lost their footing and slipped backwards. Breathless, they reached the spot. One by one they ringed the bloody, battered and crumpled mass that lay face skywards on the bleak mountainside. Murray's right knee was bent slightly upwards and his right hand was flung across his chest. There were bloody finger marks on his shirt front and the shirt neck was burst open. One of his pickets was turned out, quite possibly a a result of his efforts to extricate his pistol from it. There were several wounds about his face and head and these seemed to have caused his death. The ground round about was well tramped as if a violent struggle had taken place there. The initial shock passed and the men started to press in about the body more closely, but Rankin warned them to stay back in case they would obliterate some of the evidence.

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