I’m not sure if anyone has brought up this reference before. But just in case they haven’t, here’s a court record I found a while back mentioning Owen Cunningham, mentioned by O’Neill as a “great performer on the Irish pipes”. There is some interesting historical detail in it.
For the record, O’Neill said that Cunningham’s allegedly-stolen pipes were “were longer, slimmer, and softer in tone than the modern concert instrument made by Taylor of Philadelphia”.
Another detail which may illuminate the story is that a “pot” of porter would have been a quart, not a pint, and pretty strong stuff at that time.
"CHARLES STARLING, Theft > pocketpicking, 7th April 1831.
- CHARLES STARLING was indicted for stealing, on the 12th of March , 1 set of union-pipes, value 5l.; 1 sovereign, and 1 half-sovereign, the property of Owen Cunningham , from his person .
OWEN CUNNINGHAM. I play the union-pipes, and live in Charles-street, Drury-lane. On Thursday, the 10th of March, I had been in the Haymarket, but I did not see the prisoner till I got to Charles-street , near my own home - he then came over, and knocked me down; he took my pipes, and walked away - I afterwards missed a sovereign and a half sovereign, which I know I had in my pocket four or five days before, and pinned with two pins.
Cross-examined by MR. PHILLIPS. Q. Were you quite sober? A. I was - I had drank part of a pot of porter; I do not know where - I have been in London four or five months, but I should not be able to find the public-house again.
Q. I recommend you to be very careful how you swear; was it not the Crown and Thistle, in the Haymarket, and did not you go to that very house and ask if you had left your pipes, saying you must have left them there? A. I did not go the same night, I went the next day; I was robbed about eleven o’clock at night - the prisoner came of his own accord to me in two or three days afterwards, brought me the pipes, and said they had been left with him by a man.
CATHERINE CUNNINGHAM . I am the wife of Martin Cunningham - we did live at No. 3, Charles-street. My husband came home that night, and said Owen was coming - I looked out, saw Owen laying down bleeding, and covered with the dirt of the street, and the prisoner standing over him - I turned round to call my husband, and the prisoner ran away with the pipes.
Cross-examined. Q.Then he was standing quietly for you to see him? A. Yes, at first; but he took his opportunity to run away - I saw him plainly; I knew he lived in the same street, but I could not say the exact house; he came to our house with the same pipes, in two or three days; we had made inquiries in the meantime, and my husband went every where - I never spoke to the prisoner’s wife, till the pipes were got: Owen was not tipsy - he was sensible.
COURT. Q. Did you afterwards see the prisoner and the pipes at your husband’s? A. Yes; a man, named Burke, came first, and then the prisoner - the prisoner received 15s. and Burke 4s. 6d.; the prisoner brought the pipes - we were looking at them to see if they were all in their shape and form, and the prisoner said, “If you don’t have them as they are, I will take them away, money and all.”
MARTIN CUNNINGHAM . On Thursday, the 10th of March, I had been out with my brother, the prosecutor - we had each of us a set of pipes, and we played at a public-house in the Haymarket; we came away together, and went straight home - we got there about a quarter before twelve o’clock; I walked into my house - I met my wife with the candle in her hand; she asked where my brother was - I said he was coming, and to keep the candle there for him; she called me in about three minutes - I saw my brother down, his face bleeding, and his clothes disfigured - on the next Thursday I went to the Sugar Loaf public-house; I saw a man there, named James Burke - I was telling a man, who had pipes there, of my losing my pipes, and that I would not begrudge 1l. to find them - Burke then made a proposal to me; he afterwards came to my house, and after that the prisoner came with the pipes - I gave Burke 19s. 6d.; it was the prisoner brought the pipes - they cost 20l.; I valued them at 7l., but the gentleman valued them at 5l. - they belong to my brother; I had his pipes, and he had mine.
Cross-examined. Q. Do you know a man of the name of Barry? A. Not by name - I knew a man of that name in Sligo, but not in London.
Prisoner’s Defence. A relation came to town on the Wednesday, and on Thursday, the 10th of March, after work, I went to a public-house, and had a pint or two of beer - in coming out a man, named Barry, was opposite; he asked a young man to mind these things till the morning - the young man’s mother called him up, and I said,“If you have any thing to leave you can leave them with my wife;” he said, “Yes, and thank you too;” the next morning I told Burke the man had left me a set of bagpipes, and on St. Patrick’s day I was drinking; Burke came in, and said, “I know who these pipes belong to, if you will give them to me I will take them home;” I said,“No, I will take them;” the prosecutor only lives three doors from me - I took them there openly; the man was very much obliged to me, and said he was very glad - I said, “If any body took my things I should be much obliged to any one to bring them home.”
SIMON WESTLAKE . I am the landlord of the Horse Shoe, Titchbourne-street. On a Thursday night in March I saw Owen Cunningham and his brother at my house, at the top of the Haymarket - on the following morning Martin Cunningham called on me, asked for the pipes; he did not complain that his brother had been robbed - I reminded him that he and his brother had gone to another public-house, and he had better go there and look for them.
JOHN FENNELL. I am in the service of Colonel Burke, of St. Alban’s-place, Haymarket. Martin Cunningham came to our stables, and asked me if I knew what he did with his pipes; when he parted from me he and his brother were both intoxicated - one of them fell down.
COURT. Q.When were you applied to to come here? A. A woman left the summons with me, I think on the 7th- I never saw the prisoner in my life; I was with the prosecutor and his brother at the Crown and Thistle - I cannot tell the day; I left the house with them - I asked them to leave their pipes with me and the landlady till next morning, as they were not capable of taking care of themselves; I went to the top of the Haymarket with them, and they said they were capable of taking care of themselved, which I knew they were not - I lodged at the Crown and Thistle at that time.
RICHARD ASTLETT. I am a cutler, and live in Charles-street, Drury-lane. On Thursday night, the 10th of March, I was in company with the prisoner at the Bank public-house in King-street - we left about twelve o’clock, or a little after; on coming out a young man asked him if he would be so kind as to take a bundle and mind it for him till the morning - he agreed; the man and I went with him and the bundle to the prisoner’s house - I do not know the prosecutors at all, or either of them; I went in with the prisoner, and never left him till the morning - I had been with him from half-past nine o’clock.
COURT. Q.How many yards is that public-house from his own house? A. I cannot tell, it is not many yards - the back of the public-house comes into Charles-street; his house may be pretty well ten yards from it - I am a travelling cutler, and work in the street; I lodge in Charles-street.
JURY. Q.What is the distance between the prosecutor’s and the prisoner’s houses? A. It may be twenty or twenty-five yards.
EDWARD THURST . I keep the Bank public-house. I remember on the night of the 10th of March the prisoner was at my house till five or ten minutes before twelve o’clock - he had been there, I think, from nine; I was in the house all the time, and had the opportunity of seeinghim every minute - I do not think he could have gone out without my seeing him; he paid for what he had - I have known him twelve months.
COURT. Q. Do you take particular notice of your customers? A. I took notice of him; I was sitting a long time in the room where he was, and drank with him - the last witness was with him; two more persons went out with them; there had been others there in the course of the evening, but they did not stay - in going out they passed the bar where I was sitting; I have kept that house twelve months.
JOHN ELLIOTT. I was the prosecutor’s and his brother’s landlord at the time they lost these pipes. Owen Cunningham came to me the morning afterwards, and said he had lost them, but he was so tipsy he scarcely knew how he had lost them - I have no interest about the prisoner, but I know the prosecutor was in the habit of coming home drunk; I know the prisoner goes about with a barrow. I am a boot-maker, and keep a general-shop.
MARTIN CUNNINGHAM . These two gentlemen came and offered me money to make a flaw in the indictment, and but for the officer coming in and taking me away, they would have pressed the money upon me.
MR. PHILLIPS. Q. Upon your oath, did you not go to the landlord of the Crown and Thistle next morning, and ask whether you had left your pipes there? A. I went to him, and was told to go round to the pawnbroker’s, and not to mention any thing, I said my brother had lost them - he said, “You had better offer a sovereign reward, and you will get them:” I did not ask if I had left them at the Crown and Thistle.
SIMON WESTLAKE . There is no landlord to the Crown and Thistle - it was to the landlady he put that question, and he also asked me the same - I told him to go to the Police-officers, and offer a sovereign reward, to get the pipes back.
NOT GUILTY ."