The Cork Examiner, 11 July 1861
REMOVAL OF IRISH POOR.—A woman named Sullivan, a native of Skibbereen union, applied to-day to the police magistrates for means to bring her to England. From her statement it appeared that she had arrived in Cork from Bristol yesterday, having been sent over by the Poor-law authorities of that town, though it was against her wish and against, as she considered, her claim to relief, her residence in Bristol having extended over seven years. It was stated that when the applicant sought protection at the bridewell last evening she said that she had only three-pence after landing ; but on being searched a sum of £2 was found in her possession. In reply to the bench she stated that the reason she denied having the money, was that when leaving the country seven years ago, she was robbed of her money in Cork, and she therefore feared for its safety. The presiding magistrate, Mr. Sarsfield, said that he could not comply with the application.
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A YOUNG fellow named John Burns was sentenced to-day to forty-eight hours' imprisonment for throwing stones in the street.
BIRTHS.
   July 7, at Longford , the wife of John Kennedy, Esq., Bank of Ireland, of a son.
   July 5, at Marlborough, the wife of Captain Manders, of a daughter.
MARRIAGES.
   On the 9th inst., at the residence of the bride's father, Mr. Timothy Shea, of Toureen House, co. Cork, to Mary, third daughter of Mr. Patrick Haily, of Donoughmore, in this county.
   On the 9th inst., at St. Peter's Church, Dublin, by the Rev. S. P. Warren, M.A., William Hone Davis, Captain 4th Light Dragoons, eldest son of the late John Davis, Esq., of The Park, Rathfarnham, Co. Dublin, to Wilhelmina, younger daughter of the late Nicholas Wrixon, Esq., of Baggot-street, Dublin, and late of Killetra, co. Cork.
DEATHS.
   On the 11th inst., at his house, Peter-street, after a few hours' illness, the wife of Mr. Roger Olden, aged 69 years.
   On the 8th inst., at Arundel Castle, Charles Bernard, son of Lord and Lady Edward Fitzalan Howard, in his tenth year. R.I.P.
   On the 6th May, of brain fever, at the Mountain Hospital, Ascension Island, Randall M'Donnell, Esq., Assistant Surgeon R.N.
   June 25, at Castle Blundin, co. Kilkenny, Mary Joseph, wife of John Hyland, Esq., and only daughter of Capt. Joseph Hearne, of Sea View House, Tramore.
   June 29, at Florence, Mrs. Browning (formerly known as Miss Mitford), the poetess.
   May 25, at Mussourie, India, Emily, the beloved wife of William Plunket Stack, Esq., C.E., and third daughter of Richard J. T. Orpen, of North Great George's-street, Dublin.
THANKS.
   The committee of the Millstreet Young Men's Society beg most thankfully to acknowledge the following subscriptions towards their funds:— M'Carthy O'Leary, D.L., £1 ; Mrs. M'C. Altamont, 10s. ; Rev. T. Brosnan, C.C., £1 ; James Cooper, Millstreet, £1 ; Denis O'Sullivan, Liscahane, £1 ; Denis M'Cartie, J.P., Woodview, 10s.
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A competitive examination was held on the 25th ult., at Dublin Castle, of nine gentlemen who had been nominated by his Excellency the Lord Lieutenant to compete for two vacant cadetships in the Constabulary. The examination lasted three days, when the papers were forwarded to London for the decision of the Civil Service Commissioners. The result was yesterday communicated to the candidates, and Joshua W. Bernard, Esq. (son of the Rev. Mr. Bernard, of Enniskerry), and Henry Davis O'Callaghan, Esq., of Cork, were declared to have obtained the highest number of marks. His Excellency has accordingly appointed these gentlemen to the vacant cadetships.
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AT a meeting of the Committee of Merchants held yesterday the appointment of Mr. John Dorgan to an inspectorship at the Butter Exchange was confirmed.
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A MEMBER of the South Cork Militia named Jas. Horgan, was brought before Mr. Sarsfield, at the Police-office, this day, on the charge of not having appeared for training. He was put by until the Staff from Bandon be consulted with.
SHIPPING INTELLIGENCE—CORK HARBOUR.
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July 10, 1861.
   ARRIVED—Nicolina, Stenord, New York, wheat, for orders ; Cassina, Trieste, maize, orders.
   SAILED—Northern Bride, Bretts, guano, Antwerp ; Glanmire, Watson, general cargo, Barbadoes ; Columbus, Florio, maize, Tralee ; Jane Grippel, Edwards, wheat, Liverpool ; Garland, Riordan, St. John's, ballast.
(By Magnetic Telegraph)
   ARRIVED—Nile, Callao ; Baron Kulmer, Galatz ; Lambertus, Galatz and Falmouth, Cork ; Simon, Hardy, Barbadoes, Cork ; Ludmilla, Constantinople ; Elemonda, Constantinople ; Giustugia, Sulina ; S. P. Brown, Liverpool ; Providence R. J., rudder gone and other damage.
   Off Port—Dione, Callao ; Kentucky, Cardenas ; Alma, Montreal ; C. W. White, Callao.
   SAILED—Nuovo Activo, Waterford ; Skipwith, London ; Queen Bee, Liverpool.
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   SUDDEN DEATH.—A farmer named O'Connell, living at Glenshark, in the County Waterford, when in the act of giving some orders to his men on Saturday, said “Tom, take the horse from the car,” and dropped dead. He was a corpse in less than one minute. He was apparently in robust health and did not previously complain of any illness.
   FEARFUL ACCIDENT THIS DAY.—Shortly after 8 o'clock the scaffolding in front of the buildings now in course of erection at the new convent, Mount Argos, Harold's-Cross, broke down, when twenty-five men were on it—John Head, Thomas Divine, and Michael Dunne, fell from a height of twenty-five feet. The poor fellows were imediately lifted from the building ground, and borne to the Meath-st. hospital where every attention was paid to them by Mr. George Porter, and Mr. J. Mullock (residents). On examination it was found that John Head was terribly injured. His skull was fractured, and a portion of his brain protruded. He also received great injuries about the arms and chest. Michael Dunne has received very severe spinal injuries, and is in a most precarious state. There is no hope whatever entertained of poor Head's recovery. He was the support of a large young family. Thomas Divine escaped very well, but, notwithstanding, he has suffered much. —Freeman of yesterday.
   AN EMPTY GAOL.—There is but one prisoner for trial in the city, before the Judge of Assizes, viz., John Flynn, of Dublin, accused of bigamy.—Limerick Reporter.
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ARREST OF A POLICE-CONSTABLE.—A respectable-looking young man named John Regan was brought before Mr. Sarsfield, at the Police-office, this day, by Sub-constable Carson, on a charge of having deserted from the constabulary barrack in Crussheen, county Clare, and having taken with him £1 4s. 6d. mess money. The prisoner was arrested by Carson as he was getting on board the steamer for Liverpool. He at once admitted that he was the party mentioned in the Hue and Cry, though it is probable that if he had seen the description given of him in that he would not have made the admission so readily. He was described as having a fair complexion and fair hair, whilst both his complexion and the colour of his hair were decidedly dark. The prisoner is a native of Liscarroll, county Cork. He was remanded until the police of Crussheen be communicated with.
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THE Queen's birth-day was celebrated yesterday at the Cork Barracks by the troops stationed there, assisted by the Royal Artillery, of Ballincollig.
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A CHARGE of sheep-stealing was brought at the Police- office, this day, against a young man, who said his name was Michael Connor. He was driving into town this morning three sheep, when a butcher met him on the road and began to deal with him for their purchase. From the answering of the prisoner, he having stated at one time that the sheep belonged to “Jack the Gardener,” and at another to “Pat Murphy,” the butcher suspected that the sheep were stolen, and at once communicated his suspicions to the police, by whom Connor was arrested. The prisoner stated to Mr. Sarsfield, before whom he was brought, that the sheep belonged to his uncle, Con Connor, of Currabinny. He was remanded until enquiries be made into the truth of his statement.
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A WOMAN named Bridget Day was charged before Messrs. Chatterton and Sarsfield, at the Police Office, yesterday, with having attempted to steal from the pocket of Ellen Coughlan, a poor woman residing in Crowley's lane. Informations were about being ordered against the prisoner, when, at the advice of her solicitor, Mr. Blake, she pleaded guilty. The bench then sentenced her to a week's imprisonment.
Submitted by dja
The Cork Examiner, 13 July 1861
WANTON OUTRAGE.
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KILLARNEY, FRIDAY.—Another specimen of what I might almost call a case of faction fighting though not altogether originating from old family feuds, was heard on Wednesday at the Petty Sessions before J. M. Bernard, M. J. O'Connell, Henry Leahy and Daniel M'Carthy, Esqrs. The particulars of what transpired in evidence are as follows :—A number of women and boys were proceeding home to Kilcummin on the night of the 4th of this month in a common cart. Among them was a man named M'Key, a national teacher in that parish. Having proceeded as far as the hospital lodge, quite convenient to this town, two men named Daniel Crowley and Daniel D. Crowley were seen to walk by the side of the car. No particular notice was taken of them as the night was dark, but in a few minutes Daniel Crowley was seen to raise his hand, in which was a hammer, and inflict a blow of it on the head of M'Key, which cut him and broke his front teeth, and knocked him senseless for about ten minutes. No further attempt was made on any of the other parties, and M'Key having reached home, had his wounds dressed. Having stated that he would have satisfaction, his words he carried into effect, and the result was that Crowley was sent for trial to the assizes.
   Daniel Denis Crowley was subsequently tried for assaulting a respectable harmless man named Thomas Healy, resident of the same parish. The offence having been proved, Crowley was sent to prison for one month.
BIRTHS.
   July 10, in Limerick, the wife of Charles Simmons, Esq., of a son.
   On the 3rd inst., at Farnham, Surrey, the wife of Major Bligh, 41st Regiment, of a son.
   On Wednesday morning, the 10th inst., at 73, Eaton- place, London, the Hon. Mrs. Pakenham, of a son.
MARRIAGES.
   On the 9th inst., at the parish church of Steynton, Pembrokeshire, by the father of the bride, assisted by the Rev. Canon Thomas, vicar of the parish, Harriet Mary, fourth daughter of the Rev. Thomas Brigstocke, B.D., Incumbent of St. Catherine's, Milford, and Rector of Whitton, Radnorshire, to Henry Tivy Tomkins, Esq., C.E., of Devizes, Wilts, and fourth son of W. J. Tomkins, Esq., of this city.
   On the 10th inst., John Rumley, eldest son of the late John Holland, Esq., solicitor, to Mary Taverner, daughter of Mr. Edward Turkington, and grand-daughter of the late Peter Bolton, Esq., Ennis, county Clare, Lieutenant 88th or Connaught Rangers.
   On the 10th inst., at Milltown R. C. Church, by the Rev. T. MacCormick, Jas. T. Mallins, Esq., to Margaret Alice, youngest daughter of the late Andrew Casey, of Dublin.
   On the 15th May, at Anarkullee, Lahore, by the Rev. the Chaplain of Lahore, Denis Charles Shea, Esq., of the office of the Lieutenant-Governor of the Punjaub, to Amelia Grace, only daughter of John Mitnish, Esq., of the Military Department of the Chief Commissioner's office in the Punjaub.
   July 9, by special license, in St. Laurence O'Toole's Catholic Church, North Strand, Dublin, by the Rev. Wm. Purcell, assisted by the Rev. Messrs. Horgan and O'Donnell, Edward Holahan, Esq., Capel-street, to Maria Imelda, eldest daughter of John Kavanagh, Esq., North-wall.
   At Probus, Cornwall, W. H. Barry, Esq., Captain 73rd regt., second son of the late Major Barry, of Kilbolane Castle, county Cork, to Julia, eldest daughter of the late Henry Everett, Esq., of Salisbury.
DEATHS.
   Suddenly, on the 11th inst., at his residence, No. 12, Hardwicke-street, Isaac Biggs, Esq., of this city.
   On the 9th inst., at Templenacarriga, Midleton, in the 99th year of his age, Patrick Cull. He retained his faculties to the very last ; and so unexpected was his death, that on the previous evening he took his usual walk, a distance of nearly two miles. He was considerably the oldest man in that part of the county.
   On the 7th inst., at his residence, Grace Dieu, Waterford, after a protracted illness, George Saunders, aged 67 years.
LAKES OF KILLARNEY.
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ARRIVALS at Finn's Royal Victoria Lake Hotel.—Sir Cavendish F. Foster and suite, Essex ; Mr. Mrs. Hugh Buley, Widsbury, Manchester ; Rev. G. A. and Miss Fenrie, Jersey ; Captain Meguil Lobo, Spanish Navy ; Mr. J. Montner and family, Clapton, London ; Mr. W. H. Sheratone and family, London ; Mr. and Mrs. Anderson, Cape of Good Hope ; Mr. and Miss Young, Hanover Square, London ; F. E. Stuart, Esq., Jermyn-street, London ; Major J. E. Hope, R.A., Pembroke ; Messrs. J. F. Armia, R. Morton, E. Hadfield, J. F. Lucas, G. Lewis and J. Finlay, Liverpool ; Col. and Mrs. Mackeon, Cheltenham ; Mr. Stephenson, ditto ; Mr. and Mrs. Cox and family, Alabama, U.S.A. ; Mr. and Mrs. Parsons and family, New York ; Mr. and Mrs. Stephenson, Isle of Wight ; Mr. and the Misses Hodgson, Enfield ; Mr. Randall and family, Oxford ; Mr. S. J. Ahern, New York ; Mr. and Mrs. S. J. Taylor, Huddersfield, Yorkshire ; Mr. and Mrs. Ross Saulteen, Belfast ; Mr. and Mrs. Jacob Barrett, Armagh ; the Misses Whitty, Athestone ; Mr. and Mrs. S. Taylor, Old Trafford ; Mr. and the Misses Monsley, Manchester ; Messrs. J. R. Henderson, J. P. Wright, and G. Kay, Dublin ; Mr. and Mrs. Ebenezer Peacock, London ; Mr. and Mrs. J. Ponly, Tottenham, London ; Mr. and Mrs. Clyde, Kingstown, Canada ; Capt. and Mrs. Burrowes, Brighton ; Mr. and Mrs. Carnegie, London ; Mr. and the Misses Oliver, London ; Mrs. H. Ward and family, Bayswater ; Mr. and Miss Whitehouse, Bayswater ; Mr. and Miss Ravenshaw, Hoxton ; Mr. Henry J. Baker and Son, New York ; the Rev. A. Longacie, American Embassy, Paris ; Rev. Mr. and Mrs. Leicester, Kensington ; Mr. and Master Fitzpatrick, Donegal ; Mr. and the Misses Downs, Northampton ; Mr. Mrs. and Miss Scien, ditto ; Major Dalton and family, Ealing, near London ; the Misses Wilson, London ; Messrs. J. Bridge, H. Magetts, G. Fletcher, and T. Dickfield, Manchester ; Mr. and Mrs. Keeley and party, Canada ; Mr. E. F. and Miss Ryan, Belfast ; Colonel Lofton Hill and the Misses Hill, Plymouth ; Lieut-Col. Allen and party (6), London ; Mr. and Mrs. Ferguson, Northampton ; E. F. M'Manus, New Orleans ; Mr. and Mrs. Osborne, Plymouth ; Mr. E. Tomlinson, London ; Messrs. Christy, Blake, Anstruther, Pollard, Duncan, Deverell, Hayle, Saunders, Hghae, and Warren ; Mr. and Mrs. Faucett and family, Surrey ; Sir Charles Macleon, Bart., family and suite.
   It is reported that Baron de Vedil had been arrested at Paris for the attempted murder of his own son.
AN assembly of Council will be held, by adjournment on Monday next, 15th July inst., at 1 o'clock, p.m., at the Council Chamber, City Court House, to consider the following Motions, notice of which have been given :—By Alderman M'Carthy, that the Council request the Mayor, the City Members, and the member for Dungarvan, to constitute themselves a deputation, to bring under the notice of the Parliamentary committee of transatlantic communication, now sitting, and of the government, the capabilities of the port and harbour of Cork. By Councillor O'Flyn, that the regulation, or order, obliging manure to be drawn and shipped at night be rescinded. By Councillor Julian, that the resolution of Council, of the 8th of January last, transferring the management of the Pipe Water business to a committee of the whole Council, be rescinded, and that the former committee, consisting of fourteen members be appointed. By same, that the order or regulation of Council, continuing the payment of £40 a-year to the warden of Blackrock Castle, be rescinded. By Councillor Keane, that one o'clock being the hour fixed for the Council to meet, should the number required by law to proceed to business be not in attendance at fifteen minutes after that hour, the Council should there and then adjourn. By Councillor Hegarty, that the engineer and law agents be dismissed, for the non-performance of their duties, but which the rate-payers have been sadly disappointed and put to much unnecessary expense ; to pass accounts and for general business.
Submitted by dja
The Cork Examiner, 17 July 1861
COUNTY CRIMINAL CALENDAR.
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The following is the list of prisoners for trial at the ensuing Summer Assizes :—Edmund M'Swiney, aged 46, arson ; Denis Cronin, alias Bee, 20, stealing a gold locket ; Richard Ahearne, 19, Daniel Strammell, alias Flynn, 19, and Thomas Heffernan, rape and robbery ; James Gallaher, 42, manslaughter of Andrew Doyle ; John Neill, 34, assault and rape ; Patrick Healy, bigamy ; Michael Sullivan, 17, threatening to shoot Philip Cross ; Thomas Sullivan, 30, stealing from the person ; George Delany, 19, assault and rape on Ann Frazer ; Charles Wilson, aiding and assisting in same ; Hannah Barrett, 48, larceny ; Michael Kelly, 14, stealing workhouse clothes ; Michael M'Carthy, 13, and Ellen M'Carthy, 46, stealing jewellery ; Michael Connor, 20, sheep stealing ; Michael Carroll, 23, stealing a donkey.—The Commission will be opened at one o'clock on Monday, by Chief Justice Monahan. [see 25 July 1861.]
THEATRE ROYAL, GEORGE'S STREET.
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THE pieces produced at the Theatre last evening were Kotzebue's play, The Stranger, and Tobin's fine comedy, The Honeymoon, in both of which Mr. and Miss King appeared. In the first piece Mr. King's performed the well-known character of The Stranger in a manner which left nothing to be desired, while Miss King's acting as the Countess of Wintersen, was most pleasing. The part of Mrs. Haller was borne by Mrs. Leigh, whose careful rendering of it added much to the completeness of the cast. The striking difference between the two pieces afforded a strong proof of the versatility of Mr. King's talents, and the minor characters were very well performed. A great merit in the performance was that the comedy, though a second piece, was given fully. It is much too good a piece to be spoiled by curtailment.
Submitted by dja
The Cork Examiner, 19 July 1861
SALE OF PROPERTY.
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THE following property was put up for auction, yesterday, by Mr. Evans, at his Salerooms, South Mall:—
   Lot 1—Two very good houses in Ballintemple, one newly built and occupied at present by Mrs. Hern, with gardens front and rere, and the other occupied by Mr. St. George Barry. Each of the houses contains all the requisites for a respectable residence. They are held for a term of 150 years, subject to a ground rent of 10 guineas a year.
   Mr. J. Roche, Prince's-street, purchased for £241.
   Lots 2 and 3 consisted of a cottage on Marble Hill, producing £4 6s. 8d. yearly, subject to an annual ground rent of 30s., held for 500 years ; and six cottages and plot of ground in Wrixon's-lane and Straw Hill, Blackpool, producing £19 yearly, subject to £5 11s. 8d. per annum, and held for 185 years.
   Both lots were sold to Mr. Tierney, of Queenstown, for £22 and £27.
FATAL ACCIDENT.—About seven o'clock yesterday evening three or four men were engaged at the windlass of a vessel lying near Robinson's Dock-yard, the cargo of which was being discharged, when, as they were raising a heavy weight from the hold, all the men except one suddenly let go the handles of the crank. The other, a man named Dorgan, residing at Blackpool, was no longer able to retain his hold ; the handle which he held was forced out of his grasp, and in the forcible and rapid recoil, it struck the poor man on the head, and laid open his skull. He was taken to the North Infirmary, where prompt surgical aid was afforded to him, but he died this morning.
THE LORD CHANCELLOR OF IRELAND.
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   We understand that the Queen's letter has arrived at Dublin Castle, appointing Commissioners for the custody of the Great Seal during the absence of the Lord Chancellor from Ireland. The Commissioners named are :—The Lord Justice of Appeal, the Master of the Rolls, Baron Fitzgerald, and the Right Hon. Louis Perrin and John Hatchell.—Mail.
CASE OF STABBING.—At the police office this morning, John Burns, a sailor on board H.M.S. Immortalité, was charged with having stabbed a painter named William Mahony. It appeared that about ten o'clock last night, the witness was in a state of semi-intoxication at Barrackton, and commenced chasing a couple of girls with a knife in his hand. The girls got away, and he then stopped to talk to some old women. A party named Edward O'Halloran, having observed his previous conduct, drew near and looked at him, on which Burns exclaimed “what are you looking at you ——,” using some opprobrious expressions towards him. O'Halloran stepped back towards the door of a public house, and William Mahony, seeing the prisoner excited said to him, “what is the matter, shipmate?” “Take that, you bloody Irish b——,” said Burns, and he made a thrust of the knife at Mahony. The knife penetrated the jacket and shirt just over the heart, but fortunately it went no further.
   The prisoner on being questioned by the magistrates said he recollected nothing of the circumstances. Informations were ordered against him.
Submitted by dja
The Cork Examiner, 23 July 1861
CORK SUMMER ASSIZES, 1861.
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COUNTY COURT—YESTERDAY.
CRIMINAL BUSINESS
   James Murphy, a quarryman, was put in the dock on the charge of having criminally assaulted Catherine Long. The prosecutrix appeared to be about 13 years of age, but the registry of her baptism proved her to be near 17 years old. The offence was committed near a place called Lisheens gate. The evidence showed that the girl did not offer much resistance to the prisoner.
   The jury retired to consider their verdict, and after the absence of a few minutes returned with a verdict of acquittal.
   Mr. Coffey, instructed by Mr. Honohan, defended the prisoner.
   Patrick Healy, a man 25 years of age, pleaded guilty to having, at Currabea, Co. Kerry, married Ellen Neilson, his wife Ellen Ahern, to whom he had been married in Macroom, being then alive.
   Hannah Barrett pleaded guilty to stealing boots and shoes belonging to Thomas Hayes and Thomas Holmes, of Beaumont.
KERRY ASSIZES—TRALEE FRIDAY.
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RECORD COURT.
   Judge Keogh sat this morning at ten o'clock, and having disposed of all the remaining civil business, rose before one, and subsequently proceeded by train to Killarney, where he will remain until Monday, and then go on to Cork to open the assizes there at noon.
   The following is the only record of the three tried deserving any notice.
M'Carthy v. Kennealy
   This was an action brought by the representatives of the late Mr. M'Carthy, of Tralee, against the defendant, Mr. John Kenneally, a corn dealer, and also an inhabitant of this town, to recover a sum of £1,400, which they stated had been lent by the deceased in his lifetime to the defendant.
   The defendant alleged that the deceased was a partner of his in the corn trade ; that any money which was advanced was advanced by the deceased as such partner, and that there was a partnership account between them which could only properly be taken in equity court, and that therefore, the present action was not maintainable, &c.
   Messrs. Clarke, Q.C., Barry, Q.C., and Nelligan, were of counsel for the plaintiffs ; and Messrs. Brereton, Q.C., Leahy, Q.C., and Wm. Hickson, for the defendant.
   The case of the plaintiffs was, that the defendant and a son of the deceased, Maurice M'Carthy, who bore the same name, were partners in the corn trade in Tralee, and carried on business under the name of “Maurice M'Carthy and Co.” —that the deceased from time to time advanced money to carry on the business, amounting altogether to a sum of about £1,400, which was now due and owing to his representatives.
   Upon behalf of the defendant, it was admitted that the deceased advanced money for the purposes of the trade, but it was alleged that he did so as a partner of the defendant, and not in any other capacity—that the son of the deceased was never a partner of the defendant, and only acted in the business on the part of his father.
   After a lengthened investigation, the jury found a verdict for the plaintiff for £700 and costs, thereby holding that the late Mr. M'Carthy was not a partner of the defendant.
CROWN COURT.
   Chief Justice Monahan sat in this Court, and resumed the trial of prisoners.
MURDER
   John Mason, against whom bills for wilful murder were found at last spring assizes, and who has been since detained in custody, was admitted to bail to stand his trial at the next spring or subsequent assizes, if he should get a fortnight's notice to attend, himself in £60, and two sureties of £30 each.
   Bridget Sheehan (aged thirty), who was convicted on one charge of larceny, and pleaded guilty to another, was sentenced to twelve month's imprisonment with hard labour.
   Mary Sheehan (aged twenty-five), an old offender, convicted on seventeen former occasions, was found guilty of larceny, and sentenced to five years' penal servitude.
   Daniel Driscoll, a respectable-looking man, about thirty years of age, was indicted for the larceny of the sum of £9, the property of a man named John Dee.
   Messrs. Henn, Q.C., and Barry, Q.C., prosecuted for the Crown ; and Mr. Coffey appeared on behalf of the prisoner.
   The case was somewhat peculiar in its circumstances. It appeared that the prosecutor had a sum of £12 in his possession, which he got from the agent of a Cork butter merchant in Listowel, in one £10 and two £1 notes, and having attended a fair and bought some young pigs from the prisoner for £1, and being an illiterate man, he asked the prisoner which was the £1 note, and the allegation was that the prisoner, who could read and write, took from him the £10 note, for the purpose of defrauding him. The defence was a total denial that the prisoner got the £10 note, and it was also relied on, that it was not traced in any way to the prisoner.
   The jury convicted him, and he was sentenced to four month's imprisonment, upon his lordship being informed that the prisoner's friends had made up for the prosecutor the full amount of his loss.
BRUTAL ASSAULT, &c.
   Daniel Ahearne, Edward Cushion. Richard Raymond, and Michael Kelihan, all young men, not more than twenty years of age, were severally indicted for having on the 12th of the present month (this day week) feloniously assaulted Mary Hickey, at Coolnalee, near the town of Listowel, in this county.
   Ahearne was first charged with the felonious assault, the other three prisoners with being present and abetting him ; and there was another indictment in which the prisoner Cushion was charged as the principal, and the others as aiders and abettors in the crime.
   (This is the case in which an application was made on the previous day on the part of the prisoners to postpone the trial until the next assizes, owing to the alleged absence of a material witness, but his lordship having directed affidavits to be made to the Crown, and by or on behalf of the prisoners, ultimately declined to accede to it.)
   Messrs. Henn, Q.C., Heron, Q.C., and Barry, Q.C., appeared for the Crown ; and Mr. Coffey defended the prisoners.
   The facts of the case are so unusually revolting in their details that it is impossible to do more than state the substance of the evidence very briefly. It appeared that the prosecutrix, who is a very fine and pretty young girl, about eighteen years of age, was a servant residing with a family named Gallavan, near the town of Listowel, and was going to milk some cows on the evening of that day, when she was most brutally attacked by some of the prisoners, and forcibly violated by two of them, whilst the others held her. The unfortunate girl, when first produced as a witness, from fear, or some other cause, said, she “forgave the prisoners, and did not want to prosecute them,” and subsequently altogether refused to give evidence, and when compelled to do so, most positively contradicted the statements in her informations sworn before Mr. Alexander Elliot, J.P., on the day after the offence was committed. So determined, indeed, was she not to prosecute, that the Crown counsel were obliged to ask his lordship to discontinue the trial, and to permit them to enter a nolle prosequi on the present indictment, and remand the prisoners for trial to the next assizes, and also to commit the prosecutrix for trial upon a charge of wilful and corrupt perjury.
   At this stage of the proceedings the Chief Justice most feelingly addressed the prosecutrix, and informed her that he would feel obliged to commit her for perjury if he was satisfied, on reading her informations and hearing her evidence that she had been guilty of that crime, but stated that he would give her another opportunity of considering her position, and answering truly all the questions put to her. The unfortunate girl when this occurred became convulsed in tears and hysterical, and fell in a faint off the witness chair, and remained for a considerable period wholly unconscious, so that the Court had to adjourn for more than half an hour before her examination could be proceeded with. On her return to Court she appeared more calm and collected, and in reply to the learned Chief Justice, said she would tell the whole truth. The prosecutrix then detailed all the facts set out in her informations, and fully implicated Ahearne and Cushion as having committed felonious assaults upon her, and Raymond as being present aiding and assisting them. Her evidence went wholly to exculpate the fourth prisoner, Kelihan. The case sought to be made for the defence, on cross-examination, was to the effect that the prosecutrix had misconducted herself with the prisoner Ahearne during the earlier part of the day, and otherwise conducted herself in such an improper and unbecoming way as to almost encourage them to the commission of the crime.
   His Lordship in charging the jury, said that in the whole course of his experience as a judge, or at the bar, he never heard of a more brutal and unmanly assault, if the evidence in support of it was true. The learned judge highly complimented the prisoners' counsel on the ability displayed by him in conducting the defence, and also that the case for the Crown was most efficiently conducted.
   The jury having, without a moment's delay, convicted all the prisoners but Kelihan, who was acquitted and discharged, his Lordship sentenced them each to penal servitude for a period of twenty years.
   This was the last Crown case, and the Court then rose.
   The Chief Justice subsequently proceeded to Killarney, where he will remain with Judge Keogh until Monday.—Saunders' Correspondent.
Submitted by dja
The Cork Examiner, 25 July 1861
CORK SUMMER ASSIZES, 1861.
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COUNTY COURT—YESTERDAY.
CRIMINAL BUSINESS
(Before Chief Justice MONAHAN.)
   John Murphy and James Murphy, father and son, were indicted for an assault on the police on the 9th of May, at Kilbrogan. The names of the policemen assaulted were Alexander Saunderson and John Foley.
   The two constables were examined and deposed to the fact of the assault being committed. The policeman Saunderson, however, on examination, admitted that he took one of the prisoners into custody before the fight took place, and although he did not see him do anything.
   Mr. Coffey addressed the jury for the prisoners in a very able manner.
   His Lordship charged the jury, who returned a verdict of guilty against John Murphy, and a verdict of not guilty against James Murphy.
   His Lordship said as it appeared there was some indiscretion on the part of the police in this case he would suggest to the counsel for the Crown would it not be better to allow the prisoner found guilty to go out on bail to appear if called on at any future assizes to receive judgement.
   Sir Colman O'Loghlen on the part of the Crown assented to this course.
   His Lordship then imposed a rule of bail on John Murphy, of himself in £50, and two sureties in £10, to appear when called on.
   Richard Aherne, Thomas Heffernan, and Daniel Strammell, were charged with committing a rape on Catherine Dwyer, on the 25th April, at the racecourse of Fermoy—the two latter for actually committing the offence, and the former for aiding and abetting.
   It appeared that the prosecutrix is a prostitute, and was at the races on the day in question, where she got drunk. She was lying drunk on the road about twelve o'clock at night when the prisoners came up and committed the offence.
   The jury found the prisoners not guilty.
RIOT.
   Michael Gallaher, Edmund Noonan, John Coaghlan, John Barry, John Heffernan, John Walsh, Edmund Kiely, and others, were indicted for a riot at Kildorrery, on last fair day, 27th June, 1861. It appeared from the evidence that this was only a row amongst a lot of young men belonging to the town—divided under two heads of “the three year olds” and “the four year olds.”
   In the course of the case the judge suggested that since the case was of the trivial nature it was, it would be the best course to let the prisoners plead guilty and let them out on bail to appear when called on.
   The Counsel on either side agreed to this, and the prisoners were each bound in £20, with two sureties of £5, to appear when called on, his lordship informing them if they behaved themselves peaceably they would hear no more about the matter.
   The prisoners were then discharged.
   The prisoners in the rape case of Catherine Dwyer were then put up charged with a common assault on the same woman. Sergeant Sullivan, however, on the part of the crown proposed to take the same course as was followed in some of the previous cases, and let the prisoners out on bail to appear if called for.
   The court consented and the prisoners were then discharged, having acknowledged themselves bound in £10 to appear if called on.
Submitted by dja
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