At the Kinvarra Petty Sessions on September 22 before Colonel Mallon, R.M. and major Blake, 37 men were charged with unlawful assembling and breaking the fences on the lands of Cahergilssane, the property of Arthur Persse. The first Crown witness, a man named Clayton, refused to give evidence, and was committed for eight days. Three other witnesses were examined, who gave evidence as to the assembly of a crowd, but could only identify one of the defendants as forming a part of it.
On cross-examination by Mr McDonagh, it was elicited that there was a hurling match on a neighbouring field, not the property of Mr Persse, and that the cattle were frightened by the noise and runaway, breaking through the fence. Mr McDonagh asked for a dismiss on the merits, to which the bench agreed, and also to the liberation of Clayton, who refused to give evidence, seeing the failure of the Crown cae.